PREFACE.

T

HE following Piece is a familiar Account of the Nature, Ufe, and Proceedings of many of the Laws of England. It seems chiefly intended for the Information of fuch as do not profefs the Law; or make that their particular Study. 'Tis no finished Work; nor continued thro all the Branches of the Law. The Author was difcouraged from profecuting the great Design he had formed of Digesting, Amending, and Reducing the Law; by finding it an Undertaking that. required the Affiftance of more Hands than his own. And, as the Body of the Laws of England, has rather received Additions and Explanations, than Alterations, in later Times; the following Hiftory will not be found to have out-liv'd its Vfe : for it contains Accounts of numerous Laws, not only at present in force; but likely to continue fo for Ages.

A

HISTORY

OF THE

NATURE, USE, &c.

SECT. I.

The PROCEDURE of the LAW in MATTER of

I.

"Τ

the PEACE.

HE Use of the Law confifts principally in three Things; Ufe of the viz. (1.) The fecuring Mens Perfons from Death and Vio- Law, where lence. (2.) The difpofing of the Property of their Goods in it confifts. and Lands. And, (3.) The Prefervation of their Names,

from Shame and Infamy.

2. (1.) For the Safety of Mens Perfons; the Law provides that any Man Surety to keep standing in Fear of another, may take his Oath, before a Juftice of Peace, the Peace. that he ftands in fear of his Life; and the Juftice fhall compel the other to be bound, with Sureties, to keep the Peace.

3. If any Man beat, wound, or maim another; or give false, scanda- Action for lous Words, that may touch his Credit; the Law grants thereupon an Slander, Bat Action of the Cafe, for the Slander of his good Name; and an Action oftery, &c. Battery; or an Appeal of Maim, by which Recompence shall be recovered, to the Value of the Hurt, Damage, or Danger.

4. If any Man kill another, with Malice, the Law gives an Appeal to Appeal of the Wife of the Deceased, if he had any; or to the next of kin, that is Murder given Heir in Default of a Wife; by which Appeal the Defendant convicted is to the next of to fuffer Death, and to lose all his Lands and Goods: but if the Wife or

kin.

Man-flaughter, when a Forfeiture of Goods, and

when not.

Felo de fe.

Felony by
Mifchance.

Deodand.

Maiming.

Heir will not fue, or be compounded withal; yet the King is to punifh the Offence by Indictment or Prefentment of a lawful Inqueft and Trial, before competent Judges; whereupon the Perfon being found guilty, he is to fuffer Death, and to lofe his Lands and Goods.

5. If one Man kill another upon a fudden Quarrel, this is Man-Slaughter; for which the Offender muft die, except he can read; and if he can read, yet he muft lofe his Goods, but not Lands°.

6. If a Man kill another in his own Defence, he shall not lose his Life, nor his Lands; but his Goods; except the Perfon flain was the Affailant, to kill, rob, or disturb the other by the High-way fide, or in his own House; and then he fhall lofe nothing.

7. And if a Man kill himself, all his Goods and Chattels are forfeited ; but not Lands.

8. If a Man kill another by Misfortune, as by fhooting an Arrow at a Butt or Mark, cafting a Stone over a House, or the like; this is the Lofs of Goods and Chattels, but not of Lands, nor Life.

9. If a Horfe, a Cart, a Beaft, or any other thing, kill a Man; the Horse, Beast, or other thing is forfeited to the Crown, and is call'd a Deodand; and ufually granted and allowed by the King to the Bishop Almoner, as Goods are of thofe that kill themselves.

10. The cutting out of a Man's Tongue, or putting out his Eyes maliciously, is Felony; for which the Offender is to fuffer Death, and lose his Lands and Goods.

Punishment 11. But as all Punishment is for Example, 'tis proper to fee the Means for Example. whereby Offenders are brought to Punishment. And firft for Matter of the Peace, the ancient Laws of England, planted here by the Conqueror, were, that there fhould be Officers of two forts in all Parts of this Kingdom, to preserve the Peace; viz. (1.) Conftabularij Pacis; and (2.) Confervatores Pacis.

the Peace.

The Office of 12. The Office of the Conftable was, to arrest the Parties he had seen Conftables of breaking the Peace, or in Fury ready to break the Peace; or was truly inform'd by others, or by their own Confeffion, that they had newly broken the Peace; which Perfons he might imprison in the Stocks, or in his own House, as his or their Quality required; till they had become bound with Sureties to keep the Peace: which Obligation from thenceforth was to be fealed and delivered to the Conftable, for the Ufe of the King. And the Conftable was to fend to the King's Exchequer or Chancery, from whence Process should be awarded, to levy the Debt; if the Peace were broken.

13. But the Conftable could not arrest any Perfon, or make any one put in Bond, upon Complaint of threatening only; except they had feen them breaking the Peace, or had come newly after the Peace was broken. These Confiables alfo were to keep watch about the Town, for apprehending Rogues, Vagabonds, Night-walkers, Eves-droppers, Scouts, and fuch as

• See hereafter, Sect. II. §. 30.

go

go arm'd. They ought likewife to raise Hue and Cry against Murderers, Man-flayers, Thieves, and Robbers.

Hundred, and a Petty

14. Of this Office of Conftable there were High-Conftables, two of every High-ConftaHundred; Petty Conftables, one in every Village: they were in ancient bles for every Time all appointed by the Sheriff of the Shire yearly, in his Court, call'd the Sheriff's Tourne; and there they received their Oath. But at this Day Constable for they are appointed, either in the Law-day of that Precinct, wherein they every Village. ferve, or else by the High-Conftable in the Seffions of the Peace.

15. The Authority of Conftables was granted upon the ancient Laws Authority of and Customs of this Kingdom, practifed long before the Conqueft; and Conflables. intended and inftituted for the Confervation of the Peace, and repreffing all manner of Disturbance and Hurt of the People; and that as well by way of Prevention as Punishment: but yet fo, that they have no judicial Power, to hear and determine any Caufe; but only a minifterial Power.

bles.

16. The Origin of the Office of High-Conftable is more obfcure; Origin of for tho the High-Conftable's Authority has the more ample Circuit, he High-Conftabeing over the Hundred, and the Petty-Conftable over the Village; yet I do not find that the Petty-Constable is fubordinate to the High-Constable; or to be ordered or commanded by him: therefore I doubt the High-Constable was not ab origine; but that when the Business of the Country increased, the Authority of the Juftices of Peace was enlarged by diverfe Statutes; then, for Conveniency fake, the Office of HighConftable grew in Ufe, for the receiving the Commands and Precepts from the Juftices of Peace; and diftributing them to the Petty-Constables. And in token of this, the Election of High-Conftables, in most parts of the Kingdom, is by the Appointment of the Juftices of Peace; whereas the Election of the Petty-Conftable is by the People.

17. But there are two things to which the Office of Conftable has fpecial Relation, and which of Neceffity, or at least by a kind of Congruity, must precede the Jurifdiction of that Office; viz. (1.) The Divifion of the Territory, or grofs of the Shires into Hundreds, Villages, and Towns; for the High-Conftable is Officer over the Hundred; and the PettyConstable is over the Town or Village. (2.) The Court-Leet, to which the Conftable is a proper Attendant and Minifter; for there the Conftables are chofen by the Jury; there they are fworn; and there that part of their Office, which concerns Information, is principally to be perform'd for the Jury is to prefent Offences; and Offenders are chiefly to take light from the Constables of all Matters of Disturbance and Nufance of the People, which they, in respect of their Office, are prefumed to have best, and most particular Knowledge of. *

18. The first End of the Inftitution of the Court-Leet, is, to take the office of the ancient Oath of Allegiance of all Males above the Age of twelve Years. Court-Leet. The fecond, to enquire of all Offences against the Peace; and for those that are against the Crown and Peace both, to enquire of only, and to certify to the Juftices of Goal-Delivery; but thofe that are against the Peace fimply, they are to enquire and punish.

See hereafter, Sect. IX.

The