THE USE OF THE LAW. 



from whence process should be awarded to levy the debt, if 

 the peace were broken. 



But the constable could not arrest any, nor make any 

 put in bond upon complaint of threatening only, except 

 they had seen them breaking the peace, or had come freshly 

 after the peace was broken. Also, these constables should 

 keep watch about the town for the apprehension of rogues 

 and vagabonds, and night-walkers, and eves-droppers, 

 scouts, and such like, and such as go armed. And they 

 ought likewise to raise hue and cry against murderers, 

 manslayers, thieves, and rogues. 



Of this office of constable there were high constables, two 2. High con- 

 of every hundred : petty constables, one in every village : stables for every 



J . . &quot; . J . , j i ,, i -/Y i?Ti hundred. 



they were, m ancient time, all appointed by the sheriff of the ] a Petty con . 

 shire yearly, in his court called the Sheriff s Tourn, and stable for every 

 there they received their oath. But at this day they are villi S e - 

 appointed either in the law-day of that precinct wherein 

 they serve, or else by the high constable in the sessions of 

 the peace. 



The Sheriff s Tourn is a court very ancient, incident to his The King s 

 office. At the first, it was erected by the Conqueror, and Bench first in- 



11 j ^1 TT-- j T&amp;gt; i A- .. T j ii stituted, and in 



called the King s Bench, appointing men studied in the w h a t matters 

 knowledge of the laws to execute justice, as substitutes to they anciently 

 him in his name, which men are to be named, Justiciarii ad h . ad J urisdlc - 

 placita coram Rege assignati. One of them being Capitalis 

 Justiciarius called to his fellows ; the rest in number as 

 pleaseth the king, of late but three Justiciarii, holden 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 constables were appointed and sworn ; breakers of the 

 peace punished by fine and imprisonment, the parties 

 beaten or hurt recompensed upon complaints of damages ; 

 all appeals of murder, maim, robbery, decided ; contempts 

 against the crown, public annoyances against the people, 

 treasons and felonies, and all other matters of wrong, be 

 twixt party and party, for lands and goods. 



But the king seeing the realm grow daily more and Court of Mar- 

 more populous, and that this one court could not dispatch shalsea erected, 

 all, did first ordain that his marshal should keep a court S^ffi 8dl&amp;lt; 

 for controversies arising within the virge; which is within twelve miles of 

 twelve miles of the chiefest tunnel of the court, which did the chief tu . n 

 but ease the King s Bench in matters only concerning which L thefirii 

 debts, covenants, and such like, of those of the king s extent of the 

 household only, never dealing in breaches of the peace, or vir e - 



VOL. xni. p 



