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Our sovereign lord, taking to his royal consideration how much the appointing of justices of peace and constables within all the shires of this kingdom, under the reign of his majesty's royal predecessors, did contribute to the peace, quiet and good government thereof and to the speedy and impartial execution of law and justice to all persons subjected to their jurisdiction and power thereof, and for the furtherance of these ends in the future, his majesty, with advice and consent of his estates of parliament, does hereby statute and ordain that in all time coming there shall be justices of his majesty's peace appointed within each several shire of this kingdom to be nominate, from time to time, by his majesty and his royal successors, which justices of peace are hereby empowered to administrate justice and put his majesty's laws in execution according to the particular instructions after-mentioned, namely.
The justices of peace, at their first sitting, shall take the oath of allegiance and oath of faithful administration, which at first shall be administered to them by the sheriff or his depute of each respective shire, or in their absence by the president and convener for the time.
Follows the oath of allegiance:
I - for testification of my faithful obedience to my most gracious and redoubted sovereign, Charles, king of Great Britain, France and Ireland, defender of the faith etc., affirm, testify and declare by this my solemn oath that I acknowledge my said sovereign only supreme governor of this kingdom over all persons and in all causes; and that no foreign prince, power or state, nor person civil or ecclesiastic, has any jurisdiction, power or superiority over the same; and therefore, I do utterly renounce and forsake all foreign jurisdictions, powers and authorities and shall, at my utmost power, defend, assist and maintain his majesty's jurisdiction foresaid against all persons, and shall never decline his majesty's power nor jurisdiction, as I shall answer to God.
Follows the oath of faithful administration:
I - as one of the commissioners and justices of peace within the shires, according to my knowledge, wit and power shall do equal right both to rich and poor, conforming to the laws, statutes and customs of the land, and that I shall not be of counsel with any person in any quarrel or matter depending before me, and that I shall every quarter keep the sessions, or more often as I shall be required, not having any just impediment in the contrary, and shall faithfully and truly discharge my duty as a justice of his majesty's peace, and shall leave nothing undone that may tend to the preservation of the same, so help me God.
The justices of peace in each respective shire shall meet and convene together four times in the year, namely, on the first Tuesday of May, the first Tuesday of August, the last Tuesday of October and the first Tuesday of March, in which sessions they shall administrate justice to the people in things that are within their jurisdiction and punish the guilty for faults and crimes done and committed in the preceding quarter; and by mutual and conjunct advice make and rectify ordinances for the fees of servants, shearers in harvest and other labouring men, appoint prices for all handy crafts, elect or continue constables, or other officers, and dispose of the fines and multures for payment of the constables, clerks and other officers' fees, and employ the remainder on such necessary and pious uses as they shall find most expedient, and shall have power to continue the said sessions, or to adjourn the same to such days and places as shall be most convenient.
Any one justice shall have power, upon complaint of any person being threatened and fearing to be wronged, to bind the party complained upon under such a pecuniary sum to keep the peace as he shall think fitting. As also, to commit him until surety is found by him, the said complainer always giving his oath before the justice that he has just cause to dread him harm. And albeit no person complain yet, if the justice is credibly informed of appearance of trouble between any parties, he shall bind them to the peace in manner foresaid, except the parties declare upon their consciences that neither of them bear any grudge to the other, and all such bonds shall be kept and recorded by him, and he shall make delivery of the same to the clerk of the peace at the next sessions to be kept and registered by him.
If any person being charged to make his appearance before a justice of peace shall refuse or delay without cause, if the party be a landed gentleman whose rents exceeds ten chalders of victual, or 1,000 merks of silver, then the justice (whose command is scorned) shall inform the same to some of his majesty's privy council, to the effect the party of the quality foresaid may be called and fined for his disobedience, and if the disobeyer is of a meaner degree, the justice of peace shall hereby have power to command the next constable, or in absence of a constable his own servant or any other person having a warrant in writ subscribed by the said justice of peace, with assistance of the country, to bring any such party before him.
If either the sheriff or bailie shall condemn any person in bloodwit, or otherwise convict him in any pain proper for him to impose, the justice shall have no power of new to fine that offender for that offence, but if they shall find him not condignly punished in regard of the offence committed by him they shall then inform his majesty's council thereof that they may take order therewith; and if there is no satisfaction made by the sheriff or bailie to the party offended, the justices may modify a reasonable satisfaction to the party offended, he pursuing thereof before them; and if they find the satisfaction decreed by the sheriff or bailie in favour of the said party offended not condign nor answerable to the offence and wrong sustained, then they shall also inform his majesty's council thereof that they may take order therewith as appropriate.
If either sheriff or bailie or their deputes, by collusion with the delinquent, shall suffer any person guilty to be acquitted or cleared by an assize, the party once cleared is not to be brought further in question before the justices but, upon their information, the judges are to be called, censured and severely punished by his majesty's council.
The said justices shall hereby have power to proceed upon all persons committing riots and breaking the king's peace under the degree of noblemen, prelates, councillors and senators of the college of justice, and to punish and fine according to the quality of the crime and the estate of the offender; and if any of the said persons, being charged to compear before the said justices, shall disobey, the summons being endorsed, the lawful citation verified and fact proven, the justices shall punish and fine the not compearing according to the quality of the crime and estate of the offender; and for the more clear determination of the order which shall be kept by the said commissioners in the deducing of any such process, our sovereign lord, with advice of his estates, declares that it shall be lawful to the said justices, whensoever they have any occasion, to move any action against parties for committing any like fact or riot, to refer the first summons to the parties' oath of verity, failing of other lawful probation; who, being personally summoned by the first citation,† the said commissioners shall be held to cause summon him of new again by a second summons at his dwelling place, which two citations shall be as sufficient to infer decreet and sentence upon the libel against him as if he were apprehended personally, and which sentence, given after the manner and form of probation above-written, his majesty, with advice foresaid, authorises and sustains as good and lawful in themselves. And as concerning those persons of higher degree, the said commissioners shall use all their power for preventing and staying of the riots, commanding the attempters, in his majesty's name, to cease and to find caution for keeping of the peace, and for their compearance before his majesty's council, and if any person being charged to find caution, and refuse it or delay to do the same, and in the meantime contravened the said charge by committing of some deed between the time of the charge and finding of the caution, nevertheless, he shall be answerable for the pain from the date of the charge likewise if caution had been then found.
The said commissioners shall put his majesty's acts of parliament to due and full execution against wilful beggars and vagabonds, solitary and idle men and women without calling or trade, lurking in ale houses tied to no certain services, reputed and held as vagabonds, and against those persons who are commonly called Egyptians, and they shall punish and fine their resetters and setters of houses to them accordingly by such competent pains as is proper for them to enjoin.
The said commissioners and justices of peace are hereby authorised and empowered to give order (as they shall think most convenient and with least grief to the subjects) for mending of all highways and passages to or from any market town or seaport within that shire, and shall call before them all such persons as shall narrow these passages (or otherwise by casting of ditches or filth through the same) shall make those highways noisome and troublesome to passengers, and shall punish and fine them according to the quality of their offence. And to the effect it may be known of what breadth all common highways should be to market towns, our sovereign lord, with advice foresaid, declares that the same should be of 20 foot of measure in breadth at the least, and where any are of larger breadth they ordain the same so to remain unaltered or narrowed, and that the said justices maintain the same with all other ways from any town in the parish to the parish churches in the estate as they are; and where they find any necessity of other ways from any town in the parish to parish churches they shall inform his majesty's secret council thereof who shall give them (after sufficient information) their direction hereupon, according whereunto they shall be held to proceed. And if any person refuses to concur for mending of highways and passages, the said justices shall have power to censure and punish them according to their discretion, with provision always that if in their proceedings therein they use such severity or vigour as may move just complaints against them they should be censured thereof by his majesty's secret council as appropriate.
The said justices shall put his majesty's acts of parliament to execution against cutters and destroyers of planting green wood, orchards, gardens, hainings, breakers of dovehouses and cuningars, stealers of bees and beehives, users of unlawful games with setting dogs, slayers of red and black fish and smolts in forbidden times, fowlers fowling in other men's lands, makers of muirburn and mossburn, setters of cruives and nets in waters and dams, having and keeping of cruives and yairs in forbidden times, and shall proceed against them accordingly and for their better warrant to proceed in these matters, it is his highness's pleasure that commissions are granted to the said justices of peace to try and punish the violators of the said acts; in the trial whereof they shall proceed by witnesses or by oath of party, and the punishment to be inflicted by them shall be a pecuniary sum answerable to the circumstance of the offence and quality of the offenders, with special provision that their censures and punishments shall extend against none but those against whom by privilege of their instructions they may lawfully proceed. And also, with provision that the said commissions are not extended to any persons who shall be arrested and convened for the said crimes before any other ordinary judge, it is also provided that the ordinance and power contained in this article shall in no way be prejudicial to any other commissions or rights whatsoever granted to other parties whereby they have power to proceed and censure the crimes and offences above-written.
Item, they shall inform the king's majesty's council and his highness's treasurer or advocate, at the least once every year, of forestallers and regraters of markets that order may be taken with them conforming to the acts of parliament.
It shall not be rightful to any hosteller to reset any masterless men and rebels at the horn, any vagabonds or other persons guilty of known crimes, or using stouth and reaff under the pains under-written, to wit, 40s to be incurred by them for the first fault, £4 for the second and 10 merks for the third, together with the losing of the liberty of brewing; the incurrers of the which pains shall be punished, according to the order foresaid, by the barons and masters of the ground whereupon the hosteller dwells within the space of fifteen days after the committing of the fact and, if the said barons and heritors neglect to do the same within the said space, it shall be lawful to the said justices to pursue and fine the delinquents in their courts according to the pains foresaid and to uplift the same from them; without prejudice always of whatsoever acts made against the said hostellers in the baron court books under whom they dwell bearing any higher pain than as is set down in this above-written act, and also without prejudice of all action criminal or civil competent of the law against the said hostellers in case they are under the danger thereof, which shall not be taken away by any punishment set down and to be inflicted conforming to this act.
Item, they shall inform the king's treasurer and advocate of breakers and contraveners of the acts of parliament made against malt makers, that the transgressors and contraveners thereof may be punished conforming to the tenor of the said acts.
They shall set down order in the country for governance in time of plague, and shall punish severely the disobeyers of the order appointed by them according to the quality of the delinquent.
They shall appoint, at the quarter sessions to be kept in August and February, the ordinary hire and wages of labourers, workmen and servants, and who shall refuse to serve upon the price set down by them shall be imprisoned and further punished at their discretion; and to the effect that servants may be the more willing to obey the ordinances to be made by the said justices for the said fees, the said justices shall have power to decree and compel the master to make payment of the fee appointed by their ordinance, in case the servants please rather to pursue for the same before them than any other judge.
The said justices shall take notice in all sheriffdoms where there are any jails and prison houses within any burgh, that the same may be kept up and not suffered to decay or become ruinous and, if there is any shire where there is not any jail or prison house, they shall inform his majesty's council thereof that they may appoint and give order for building of one within the head burgh of the shire and, according to the directions to be given thereupon, the justices shall be held to proceed.
And because there are a great many of prisoners apprehended and committed who, having no means of their own for their maintenance and entertainment, will otherwise famish and starve before they can come to their trial, who not the less in regard of the crimes committed can in no way be put under surety, or otherwise in faults of less consequence are unable to find sufficient caution to be made forthcoming and answerable at the next session; therefore, it shall be lawful to the said commissioners and justices at their quarter session to rate every parish for a weekly proportion for the entertainment of those poor prisoners, providing they do not exceed the sum of 5s Scots money at the most nor under 1s at the least, which sum shall be uplifted for that use by the minister or reader who shall serve at every parish from such deacons who shall be appointed to collect the same, and the said sums to be delivered by the constable of the parish at the quarter sessions in the presence of the whole bench then convened, to such persons as the said justices shall trust therewith and who, accordingly, shall make due account in paying the jailers such rates as shall be allowed for the poor prisoners and making the rest forthcoming for such use and intent of the like nature as the said justices shall appoint.
All magistrates of burghs and keepers of any jails or prisons shall receive into their prisons all such persons as either shall be brought by constables or sent to them by warrants under the hands of any one justice of peace, the said justices causing satisfy for their entertainment and, if any magistrates or their jailers suffer any persons committed by the justices to their prisons to escape, they shall be condignly punished thereof at the discretion of his majesty's council.
Item, our sovereign, lord with advice foresaid, ordains the said commissioners to set a price upon craftsmen's work and upon ordinary penny bridals, together with the price of shearers' fees and to punish the contraveners as appropriate.
They shall cause sufficient single and double ale to be brewed in every shire, and shall appoint visitors to that effect, with consent of the baron and overlord of the ground, they shall set down acts against notorious and common drunkards, and impose sums upon the contraveners according to their qualities and deserts.
Our sovereign lord, with advice foresaid, declares that three justices of peace shall be a full number and session to decide in matters occurring between the four quarter sessions. Also, declares that no letters of caption ought to be granted against the said justices for apprehending of rebels, except they are found subject to do the same by possessing of such other offices and places to the which the obedience and putting to execution of any such charges does belong.
And because there is sensible prejudice seen and felt through many parts of the kingdom by reason of diversity of measures and weights used in the same, therefore our sovereign lord, with advice foresaid, for removing of all abuses which may ensue in any time to come thereby, has found expedient, and by this decreet and statute of parliament, decrees, statutes and ordains that there shall be but one just measure and weight through all parts of the kingdom, which shall universally serve all his majesty's lieges, by the which they shall sell and buy and receive and give out in all time coming, which measure his majesty, with advice foresaid, finds should be that measure of Linlithgow, which is now commonly used and which has been used most customably through the greatest parts of this kingdom these many years past, and for settling a perfect order, whereby all the measures that are now used may be reduced to the conformity of the said measures now authorised and, for making of proportion answerable between the lesser measure and weights and the greatest, his majesty, with advice foresaid, has granted full power and commission to Alexander Fraser of Philorth, Sir Gilbert Ramsay of Balmain, William Scott of Ardross, John Murray of Touchadam [and Polmaise], Sir Robert Hepburn of Keith, James Crichton of St Leonards, Sir Andrew Ramsay [of Abbotshall], Sir Robert Murray [of Cameron], Sir Alexander Wedderburn [of Blackness], John Bell [of Hamilton Ferme], William Cunningham [of Brownhill], Andrew Glen and Sir William Thomson, whom, or any seven of them, his majesty, with advice foresaid, ordains to meet and convene together at such time and place as they shall think expedient, and to consult and advise together, and to appoint and determine upon the most convenient means how the said measure and weights may be reduced to the conformity foresaid, and after they have ripely advised therewith and given furth their determination thereupon, they shall deliver the same and whole course of their proceedings in the said matter to the commissioners and justices of peace and to the deans of guild of the head burghs of the shires who shall be held carefully to do their diligence, to see the measure foresaid now appointed to have course through all parts as well burgh as landward; and that there may be one constant conformity in head burghs and land, our sovereign lord, with advice and consent foresaid, ordains that the said justices of peace in landward take trial of the measures and weights used in burghs and to take a note from the magistrates and deans of guild of every town of the weights and measures and of the number thereof, which the said magistrates and deans of guild in burghs shall be held to show, declare and give up to them, to the effect the said justices to landward may confer the same with the standard now authorised; and where they find any disconformity in the same from the said standard, the said justices shall inform the king's majesty's council thereof that they may take order therewith as appropriate; for it is expressly provided, by this commission, that the said magistrates in burghs shall not be permitted to have or use more measures within their towns than the number to be professed by them and given up in writ to the said justices to landward, as said is, this always being respected, that if the said magistrates within burghs find any necessity for having any more measures than was given up and used by them before it shall be licenced to them to make more measures, they being answerable and conforming to the standard, and making the said justices to landward foreseen and acquainted therewith, and declaring the number of the measures whereof they find the necessity or use.
The said justices shall be held to give command and direction to their constables to apprehend any such person who shall be found contemptuously to have disobeyed the censures of the church, they being lawfully required to do the same.
The said justices of peace, as well to burgh as land, shall convene and be present at the quarter sessions of the shire where the burgh and land lies, give their oath to the bench at their admission, make their record and make payment of the fines intromitted with by them as justices of peace of that shire to their collector.
They shall appoint a sufficient collector for uplifting of the fines and penalties which they have power to impose upon an offender, and are to take caution of him for making due account.
They shall have, during the time of sessions, for every day of their abode (so it does not exceed the number of three days at the most at one time) allowed to every one of them 40s Scots money daily to be paid and uplifted by the collector of the fines. But neither earl, lord, bishop, privy councillor or sessioner shall have any allowance; and all such justices as have the benefit of that allowance, and shall be absent from every ordinary quarter sessions, or otherwise when he is required lawfully by the keeper of the rolls to any particular meeting, shall incur the penalty of £40 Scots money not being lawfully excused, and the excuse allowed by the rest of the justices there assembled.
The lords of session shall direct general and summary charges of horning and poinding, at the instance of the collector appointed in every county for gathering in all fines and penalties whatsoever incurred, upon a simple charge of fifteen days, and no suspension shall be granted thereof but upon consignation of the sums contained in the sentences and by finding caution for payment of the charges at the modification of the said lords.
The said commissioners, at the end of every quarter session, shall send to his majesty's council a catalogue of all such persons as they have either committed or otherwise put under surety with a short abbreviate of the cause thereof; to the effect that thereupon the council, as they shall think expedient, may return to them against their next session, or to the keeper of the rolls in the meantime their further directions.
The said justices shall put into execution all acts of parliament made for punishing all persons whatsoever who shall curse or profanely swear, or shall be mockers or reproachers of piety or the exercise thereof, and shall require and levy upon every offender the several penalties following, namely, of a nobleman £20, each baron 12 merks, each gentleman heritor or burgess 10 merks, each yeoman 40s, each servant 20s, all Scots money, each minister the fifth part of his year's stipend, without prejudice to other proceedings against any such minister for the same. And in any of the cases before specified in this instruction the said justices shall put into execution all such laws as for corporal punishments have any provisions mentioned in them for such cases and, in the case of the inabilities of the parties delinquents to pay the sum mentioned in this instruction, the said justices shall put into execution such laws as for corporal punishments have any provision mentioned in them for such cases; and that the delinquent wives shall be punished according to the quality of their respective husbands, and that their husbands be liable for payment of their wives' fines respectively, in manner above-mentioned on each occasion and for each fault; and all others whatsoever, not particularly herein nominated, are to pay in proportion to their respective qualities and degrees. And also, the said justices are to put into execution the acts of parliament made for punishing of all persons that shall be found guilty of the sin of fornication, and that they levy or cause to be levied the several pecuniary sums mentioned therein, namely, for each nobleman for the first fault £400, each baron £200, each other gentleman and burgess £100, every other person of inferior quality £10, all Scots money, and that these penalties shall be doubled on each occasion according to the relapses and degrees of the offence and quality of the offenders, and that the said penalties shall be levied not only of the man but also of the woman according to her quality and the degree of her offence, the one without prejudice of the other. All and sundry which penalties to be levied are to be disposed of as follows: to wit, a half to pious uses in the same parish where the offenders live or the offence has been committed, and the other half to be divided in two equal parts, one part whereof to be given to the informer and prosecutor, and out of the other half to satisfy the constable or other persons who shall be employed for bringing the person accused to justice, and the remainder to be disposed of to pious uses, or to satisfy the constables for their travel and service in other parts of their office, according as the justices shall think fit.
That the justices shall put the acts of parliament in execution for the punishing of all persons found guilty of the sin of drunkenness or excessive drinking, especially under the names of healths, or haunting taverns or alehouses after 10 o'clock at night, or at any time of the day, except in time of travel, or for ordinary refreshments. As also, against the keepers of the taverns or alehouses that shall sell the drink to them, which penalties in the said several acts contained, the said justices are to levy or cause to be levied upon the said delinquents, and the said penalties are to be disposed of by the said justices in like manner as aforesaid.
The said justices shall put in execution all acts of parliament made against such persons as shall profane the Lord's day, and require or levy the penalties therein-contained, which penalties foresaid the said justices are to dispose of in like manner as aforesaid.
And at what time and whensoever one shall accuse another person or persons to be guilty of treason, murder or other felony, blasphemy, incest or any other heinous crimes, in such cases the said justice or justices shall forthwith cause such person or persons to be apprehended and, after inquiry made in the cause, the said justice or justices, if they find cause, shall commit the offender to prison or take sufficient bail if the case by the law is bailable, and shall take the information of the party accusing upon oath and bind him to prosecute, and shall take the testimony or deposition of the witnesses likewise upon oath, and bind them to give in evidence, and shall also take the examination of the party accused, all which recognisances, informations, depositions and examinations the said justice or justices shall certify to the next quarter session, assizes or criminal courts respectively, to the end the justice may proceed against them according to law.
And if any nobleman, baron or bailie, or any in their names having power, shall acclaim the right of jurisdiction to proceed against any delinquent apprehended by a constable for any capital crime, then and in that case any of the justices shall receive security of the said party who required the defender to be delivered to him, that justice shall be duly administered, and then shall cause delivery of the said person to be made to him; and the said justice of peace at the next session shall certify the whole matter to the bench, to the effect they may inquire whether justice has been accordingly administered and, if any fault is found, to advertise his majesty's council that order may be taken therewith.
The said justices shall twice in the year, at 1 December and 1 June, take up a list of the poor in every parish within burghs or land, into which number there shall no person be received who are any way able to gain their own living; and to the effect, these poor may no longer be necessitated to seek their living with such hardship and difficulty, by scandalous roaming as vagrants as hitherto they have been in use of, the justices shall appoint two or more persons of good reputation and quality in every parish to be overseers for the poor in each parish aforesaid, and to authorise the said overseers to make due trial and examination of the condition and number of such poor, aged, sick, lame and impotent inhabitants of the said parish who (of themselves) have not to maintain themselves, nor are able to work for their living, as also of all orphans and other poor children within the said parish who are left destitute of all help; and the said overseers are to list and enroll all such persons, and to provide them such a convenient house for their dwelling, either apart or together as they shall judge requisite; and upon consideration had what the necessary maintenance will extend to weekly, the said overseers are to call for the collections of the said parish or other sums appointed for the maintenance of the poor thereof, and the persons who have the said sums in their hands are hereby required to deliver the same to the said overseers and their receipts under their hands shall be their sufficient discharge, which sum so received, the overseers are to dispose proportionably to the several poor people aforesaid according as they shall find their necessities to require; and the said overseers are to take due trial of the good behaviour and carriage of the poor persons listed and enrolled as aforesaid, that if any of them, being so provided, shall go abroad to beg or otherwise miscarry themselves, or shall refuse, being able to work any manner of work that they are able to perform, in such cases the said overseers are to acquaint the said justices therewith, who shall appoint such punishments for the first fault as in their judgements they shall find requisite, and if any shall continue in such miscarriages they are to be held and reputed as vagabonds, and so to be proceeded against according to law in that case provided. And to the end that there may be an exact performance of these matters, the said justices are hereby required to call before them the said overseers once in every six months, or more often if they shall think expedient, to give an account upon oath of the whole sums received by them, and to produce the rolls of the said poor together with an account of what money they have received any other way for the use of the said poor and, after a due consideration of the charge, together with the discharge thereof, to approve, allow or disallow the same as shall be found just. And the said justices are to take due trial and examination how the said overseers have discharged their trust and, in case of the refusal of any of the said overseers, nominated and elected as aforesaid to accept the said office, or having accepted shall be found negligent therein, or shall refuse or delay to give an account of their intromissions when required as aforesaid, or to deliver what money shall be found resting in their hands undisposed of at the end of the year, to such new overseers as shall be appointed, in such cases the offenders shall incur the penalty of £20 Scots to the use of the poor, and suffer such further censure as the said justices at their quarter sessions, upon consideration had of their fault, shall see appropriate to impose.
And further, the said justices are hereby empowered and commanded to call for an account from those who took upon them to exercise that place and office during the late usurpation of all fines, penalties and others raised, exacted or uplifted of any persons, and to ordain them to deliver and make payment to them of what has not been by sufficient order disposed of and, in case of any difference arising thereupon, that the justices consult his majesty's council who shall give their orders therein.
Constables:
Our sovereign lord, with advice of his estates, finds and declares that the constables are to be made choice of by the commissioners and justices of peace in their quarter sessions throughout the whole country, two at least in every parish or more according to their discretion, having consideration of the quality thereof: in great towns, likewise not being cities nor free burghs, they are to appoint a number of constables proportionably to the greatness thereof, but in all royal burghs and free cities the constables are to be chosen by the magistrates of the same, and they are to endure and be changed from six to six months.
And who shall refuse to accept the charge and not give his oath for dutiful execution thereof shall be imprisoned and fined at the discretion of the justices of peace at their next sitting.
Follows the oath to be taken by the constables:
I do swear that I shall faithfully and truly discharge the office of constabulary within the parish of etc. enduring the time appointed to me, and shall not for favour, respect or fear of any man, forbear to do what becomes me in the said office, and above all things I shall regard the keeping and preserving of the king's majesty's peace, and shall, at every quarter session and meeting of justices, give true and due information of any breach which has been made of his majesty's peace within the bounds of my commandment, and shall in no way hide, cover nor conceal the same nor any of the proofs and evidences which I can give for the clearing and proving thereof, so help me God.
All the constables, or at least one of every parish instructed with power to answer for the rest within the said parish, shall attend at every quarter session, there to give information of all such breaches of the peace and other misdemeanours as have happened within their bounds since the preceding sessions, and have come to their knowledge, and shall in no way hide, cover nor conceal the same, nor any of the proofs and evidences which they can give for the clearing and proving thereof, and otherwise to give the bench further information in any thing wherein they shall be required, and to receive from the said justices at the end of the session such order and direction as they shall enjoin and appoint.
Every constable in their respective parishes shall apprehend any suspicious persons who are night walkers and cannot give a good account of themselves, and carry them to the next justice of peace to find caution for their good behaviour, or otherwise be committed to prison; and the said constable or constables shall stay and arrest all vagabonds, sturdy beggars and Egyptians, and carry them before some justice of peace, who shall take order for their committing to prison or other punishments according to the statutes of parliament.
Every constable, in their respective parishes, shall arrest all idle persons whom they know to have no means to live upon, and will not betake themselves to any labour, trade or occupation, and shall carry them before some justice of peace who, after examination, shall either commit them to prison or take surety of them for their appearance at the next quarter session.
All constables in their respective parishes shall apprehend every person or persons that shall be guilty and culpable of slaughter, murder, theft or any other culpable crime whatsoever, and shall require his neighbours to assist for safe conveying of such person or persons to the next justice of peace, who shall commit him or them or take surety according to the instructions given to the justice of peace in such like cases, and if any person or persons shall refuse or delay to assist the constable or constables in executing his or their offices, such persons, for refusing or delaying, shall be imprisoned or otherwise punished by the said justices at their sessions.
All constables shall arrest any person, not being in his majesty's service, who shall be found wearing of hagbuts, guns or pistols in any sort, and shall carry them before some justice of peace who is either to take surety for their appearance the next quarter session or commit them prisoners until they do the same, unless they are licenced from the council or some empowered from them to give such licences.
Upon the appearance of any fray or stir between parties the constable shall require the assistance of his neighbours for separating the parties; and if there is any harm done to the constable or any of the assistants by them who made the fray they shall be punished by the justices at the next session.
When any person or persons have made a fray and then flees to a house, the constable or constables may follow to the house to open the doors, which, if he or she should refuse, he shall take notice of the master or keeper of the house, and require witnesses thereon; and albeit the delinquent shall flee further without the bounds of the constable's charge, yet may the constable follow and apprehend him in a fresh pursuit and crave concurrence of the country for that effect.
The constables in every parish shall execute all such precepts and warrants as they shall from time to time receive from the justices of the peace.
And that the said constables may have satisfaction for their travails and pains, our sovereign lord, with advice foresaid, ordains the said justices to give up particular notes in writ to the auditors of his majesty's exchequer of the fines brought in to them, that out thereof such measure and satisfaction may be appointed and given to the said constables, and also to the clerks of the peace as may recompense their travails wherein, if it shall be found that the said fines shall not be sufficient, the said lords of his highness's exchequer shall appoint such further satisfaction to them as in their discretion they shall think their labours and diligence do deserve, and cause them be paid of the same. And notwithstanding of this above-written act and all the particulars foresaid contained in the same, our sovereign lord, with advice and consent of his said estates, statutes, decrees and declares that the erection of the said commissioners and justices of peace and grant of jurisdiction and privileges to them, and the making or approbation of the particular acts above-written introduced in their favour, or any thing therein-contained, shall not be in any sort derogatory or prejudicial to the rights, privileges and liberties granted and bestowed by his majesty or his highness's royal predecessors of before to any of his majesty's subjects of whatsoever estate or quality, from the highest to the lowest, but declares that the said rights, privileges and liberties shall remain in their own integrity safe, entire, unhurt or unprejudiced by this commission or anything expressed in the said articles and every one of them, and are held as especially reserved and excepted out of the same.
And least this above-written reservation should seem altogether to destroy the power granted to the said justices, or should beget controversy between them and any other having right and liberty of jurisdiction, as said is, our sovereign lord, with advice foresaid, for removing of all question which may arise between them thereupon, declares that it shall not be lawful nor permitted to the said justices to make any citation of parties before their courts until the expiring of the space of fifteen days after the committing of the fact for the which the committer is to be convened, at the complete running out of the which space of time, if any having power and jurisdiction, as said is, has omitted and neglected to use and exercise the privilege and liberty of their right and power, it shall then be lawful to the said justices to make citation and to proceed against the parties according to the power and authority given to them by his highness, with advice foresaid, and conforming to the particular articles above-written in all points and not otherwise.
If any party complains to a constable that he is threatened by another then shall the constable apprehend the threatener and carry him with the party complainer before the next justice of peace and, if he refuse to go, then shall he carry him to prison.
Which all and sundry these matters, our sovereign lord, with advice and consent foresaid, ratifies and approves in all points in manner as the same purports, and gives to them the strength and force of acts and ordinances of parliament and ordains execution to pass upon the same as appropriate.