the ancient laws and customs of this kingdom, practised long before the conquest, and intended and instituted for the conservation of the peace, and repressing of all manner of disturbance, and hurt of the people, and that as well by way of prevention as punishment; but yet so, as they have no judicial power, to hear and determine any cause, but only a ministerial power, as in the answer of the seventh article more at large is set down.

As for the office of the high constable, the original of that is yet more obscure; for though the high constable's authority hath the more ample circuit, he being over the hundred, and the petty constable over the village; yet, I do not find, that the petty constable is subordinate to the high constable, or to be ordered or commanded by him; and therefore, I doubt, the high constable was not ab origine, but that when the business of the country increased, the authority of the justices of peace was enlarged by divers statutes; then, for conveniency sake, the office of high constables grew in use for the receiving of the commands and precepts from the justices of peace, and distributing them to the petty constables; and, in token of this, the election of high constable, in most parts of the kingdom, is by the appointment of the justices of peace, whereas the election of the petty constable is by the people.

But there be two things unto which the office of constable hath special reference, and which, of necessity, or, at least, a kind of congruity, must precede the jurisdiction of that office, either the things themselves, or somewhat that hath a similitude or analogy towards them.

1. The one is the division of the territory, or gross of the shires, into hundreds, villages, and towns; for the high constable is officer over the hundred, and the petty constable is over the town or village.

2. The other is the Court-Leet, unto which the constable is a proper attendant and minister; for there the constables are chosen by the jury, there they are sworn, and there that part of their office, which concerneth information, is principally to be performed; for the jury is to present offences, and the offenders are chiefly to take light from the constables, of all matters of disturbance and nusance of the people, which they, in respect of their office, are presumed to have best and most particular knowledge of.

CHAP. XX.

Three Ends of the Institution of the Court-Leet.

1. THE first end of the institution of the court-leet, is, To take the oath of allegiance of all males above the age of twelve years.

2. The second, To enquire of all offences against the peace: and, for those that are against the crown and peace both, to enquire of only, and certify to the justices of gaol-delivery; but those, that are against the peace simply, they are to enquire and punish.

3. The third is, To enquire of, punish, and remove all publick nusances, and grievances, concerning infection of air, corruption of victuals, ease of chaffer, and contract of all other things, that may hurt or grieve the people in general, in their health, quiet, and welfare.

And to these three ends, as matters of policy subordinate, the courtleet hath power to call upon the pledges that are to be taken for the good behaviour of the residents, that are not tenants, and to enquire of all defaults of officers, as constables, ale-tasters, &c. and for choice of constables, as aforesaid.

The jurisdiction of these leets is ever remaining in the king, and, in that case, exercised by the sheriff in his turn, which is the grand leet, granted over to subjects; but, yet, it is still the king's court.

2. To the second, as was said, the election of the petty constable is at the court-leet by the inquest that makes the presentments; the election of the head constables is by the justices of the peace at their quarter sessions.

3. To the third, the office is annual, except they be removed.

4. To the fourth, they be men, as it is now used, of inferior, yea, of base condition, which is a mere abuse, or degenerating, from the first institution; for the petty constables in towns ought to be of the better sort of residents in the said towns, 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 man's livery and the high constables ought to be of the ablest sort of freeholders, and of the substantiallest sort of yeomen, next to the degree of gentlemen; but they ought to be such as are not incumbered with any other office, as mayor, under-sheriff, bailiff, &c.

5. To the fifth, 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 underministers, for that every one of the king's people are bound to assist them.

6. To the sixth, upon complaint made, of his refusal, to any one justice of peace, the said justice shall bind him over to the sessions; where, if he cannot excuse himself by some just allegation, he may be fined and imprisoned for his contempt.

7. To the seventh, the authority of constables, as it is substantive, and of itself, or substituted, and astricted to the warrants and commands of the justices of peace; so again it is original, or additional; for, either it was given to them by the common law, or else annexed by divers statutes. And, as for subordinate power, wherein the constable is only to execute the commandments of the justices of peace, and likewise the additional power which is given by divers statutes, it is hard to comprehend them in any brevity; for that they do correspond to the office and authority of the justices of peace, which is very large, and are created by the branches of several statutes, which are things of divers and dispersed natures: But, for the original and substantive power of a constable, it may be reduced to three heads:

1. For matter of peace only.

2. For matter of peace and the crown.

3. For matter of nusance, disturbance, and disorder, although they be not accompanied with violence and breach of peace.

For pacifying of quarrels begun, the constables may, upon hot words given, or likelihood of breach of peace to ensue, command them, in the king's name, to keep the peace, and depart, and forbear: and so he may, where an assault is made, part the same, and keep the parties asunder, and arrest and commit the breakers of the peace, if they will not obey, and call power to assist him for the same purpose. For punishment of breach of peace past, the law is very sparing in giving any authority to constables, because he hath no power judicial, and the use of his office is rather for preventing, or staying of mischief, than for punishing of offences; for, in that part, he is rather to execute the warrants of the justices, or, when sudden matter ariseth upon his view, or notorious circumstances, to apprehend offenders, and carry them before the justice of peace, and generally to imprison, in like cases of necessity, where the case will not endure the present carrying before the justices. And thus much for the matters of peace.

For matters of the crown, the office of the constable consisteth chiefly in four parts:

1. The First is Arrest.

2. The Second is Search.

3. The third is Hue and Cry.

4. And the fourth is Seizure of goods,

All which the constable may perform of his own authority, without any warrant from a justice of peace.

1. For first, if any man will lay murder or felony to another's charge, or do suspect him of murder or felony, he may declare it to the constable, and the constable ought, upon such declaration or complaint, carry him before a justice; and if, by common voice or fame, any man be suspected, the constable of duty ought to arrest him, and bring him before a justice, though there be no other accusation.

2. If any house be suspected for the receiving or harbouring of any felon, the constable, upon complaint, or common fame, may search. 3. If any fly upon the felony, the constable ought to raise hue and cry, and search his goods, and keep them safe without impairing, and to inventory them in the presence of honest neighbours.

4. For matters of common nusance and grievances, they are of a very variable nature, according to the several comforts which man's life and society require, and the contraries which infest the same.

In all which, be it matter of corrupting air, water, or victuals, or stopping, straightening, or indangering passage, or general deceits in weights, measures, sizes, or counterfeiting wares, and things vendible; the office of the constable is, to give, as much as in him lies, infor mation of them, and of the offenders in leets, that they may be presented. But, because leets are kept but twice in the year, and many of these things require present or speedy remedy, the constable, in things of a notorious and vulgar nature, ought to forbid and repress them in the mean time,

8. To the eighth, they are, for their contempt, to be fined and imprisoned by the justices in their sessions.

9. To the ninth the oath they take is in this manner :

:

'You shall swear, that you shall well and truly serve the king, and the Lord of this law-day; and you shall cause the peace of our Lord, the king, to be well and duly kept, to your power: and you shall arrest all those that you see 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 persons, coming within your office, be truly executed, and the offenders punished: and you shall endeavour, upon complaint made, to apprehend barreters and riotous persons, making frays, and likewise to apprehend felons; and if any of them make resistance with force and multitude of mis-doers, you shall make outcry, and pursue them, till they be taken; and shall look unto such persons as use unlawful games; and you shall have regard unto the maintenance of artillery; and you shall well and duly execute all process and precepts sent unto you from the justices of peace of the county; and you shall make good and faithful presentments of all blood-sheds, out-cries, affrays, and rescues made within your office; and you shall well and duly, according to your power and knowledge, do that which belongeth to your office of constable, to do for this year to come.' So help, &c.

10. To the tenth, the authority is the same in substance, differing 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 commandment that proceeds from his own authority; but it is used, that the precepts of the justices be delivered unto the high constables, who, being few in number, may better attend the justices, and then the head constables, by vertue thereof, make their precepts over to the petty constables.

To the eleventh, in case of necessity he may appoint a deputy, or in default thereof, the steward of the court-leet may; which deputy ought to be sworn.

Now to conclude, the office of constables consists wholly in these three things, viz.

Their office concerning, 1. The conservation of the peace,

2. The serving the precepts and warrants of the justices. 3. Their attendance for the execution of statutes.

CHAP. XXI,

Of the Jurisdiction of Justices itenerantes in the Principality of Wales.

THESE justices have power to hear and determine all criminal causes, which are called in the laws of England, the pleas of the crown; and herein they have the same jurisdiction, that the justices have in his majesty's bench, commonly called the king's bench.

They have jurisdiction to hear and determine all civil causes, which are called, in the laws of England, common pleas; and do take knowledgement of all fines, levied of lands or hereditaments, without suing out any dedimus potestatem; and herein they have the same jurisdiction that the justices of the common-pleas do execute at Westminster.

Also they may hear and determine all assizes upon disseizins of lands or hereditaments, wherein they equal the jurisdiction of the justices of assize.

Justices of Oyer and Terminer may hear and determine all notable violences and outrages perpetrated or done, within their several precincts of the principality of Wales.

The prothonotary's office is to draw all pleadings, and to enter and ingross all records and judgments in civil causes,

The clerk of the crown's office is to ingross all proceedings, arraignments, and judgments in criminal causes.

† The marshal, whose office is to attend the persons of the judges at their coming, sitting, and going from the sessions or court.

The crier, he is tanquam publicus Præco, to call forth such persons, whose appearances are necessary, and to impose silence to the people.

There is a commission under the great seal of England, to certain gentlemen, giving them power to preserve the peace, and to resist and punish all turbulent persons, whose misdemeanors may tend to the disquiet of the people; and these be called, the justices of peace, and every of them may well and truly be called and termed Eirenarcha.

The chief of them is called Custos Rotulorum, in whose custody all the records of their proceedings are resident.

Others there are of that number, called justices of peace and Quorum ; because in their commission, they have power to sit and determine causes, concerning breach of peace, and misbehaviour; the words of their commission are conceived thus, Quorum such and such, unum vel duos &c. esse volumus; and without some one, or more, of them of the Quorum, no sessions can be holden; and for the avoiding of a superfluous number of such justices (for through the ambition of many, it is counted a credit, to be burthened with that authority) the statute of 38 Henry VIII. hath expressly prohibited that there shall be but cight