| 240 |
Watermen.
deliver such persons to the Constable, and so to convey them to the
Justice
of Peace, by him to be examined, and to be bound over or committed,
until the Offenders be acquitted in due manner. See more of Watch
in the
title Felony. |
Chap. 105. |
| §. 4. |
These Watchmen are also to apprehend all Rogues
and Vagabonds, Night-walkers,
Eves-droppers, Scouts, and such like, and such as go armed, &c. |
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Note, That in an Action of false Imprisonment brought
by one Sm.
against Brown (a Constable of Chelmsford in Essex)
these things were holden
for Law concerning Watches, about 32 Eliz. |
Cro. 3.
p. 204. |
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1. First, That no man is compellable to watch
except he be an Inhabitant
within the same Town. |
|
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2. That such as are Inhabitants within the
Town are not compellable
to watch at the will of the Constable, but only when their turn cometh;
and therefore Gawdy (Justice) said, That the Statue of Winchester
is, That
from henceforth Watches shall be kept as hath been used in time past, &c.
And so the manner of watching is not referred to the will of the Constable,
but only to the use heretofore, which is commonly by turn, or by the
House. |
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3. That if a man who is compellable to watch
shall contemptuously refuse
to watch upon commandment of the Constable, the Constable Ex
Officio may set him to the Stocks for such his contempt. Tamen
quære de hoc.
Or else the Constable may present such his default at the Assizes or
Sessions
of the Peace, &c. Or may complain thereof to any Justice of
Peace who
may bind the Offender to the Good-behaviour, and so over to the
next Quarter
Sessions, &c. |
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Note also, That both Watching and Warding must
be by men that be able
of body and sufficiently weaponed. |
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And note, That Watching is properly intended
of the Night, and warding
for the Day time; and for the Warding in the Day-time, for the apprehending
of Rogues and the like idle evil Members, is of great use; it therefore
is and
must be left to the discretion of the Constable and directions of the Justice
of Peace to appoint or alter according to the occasion. Resol.
36.
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§. 1. |
CHAP. CV. V. 61.
Watermen.
EVery Justice of Peace (as it seemeth by the general
words of the Statute)
within the Shires next adjoyning to the River of Thames (between
Gravesend and Windsor) within the several Jurisdiction hath
power
(upon complaint made to him by the Overseers and Rulers of the Watermen
and Wherrymen or two of them, or by the Masters of any such Servants)
to examine, hear and determine all offences against the Statute,
and to set at large him that shall be imprisoned by such Overseers or Rulers,
according to this Act (if there be just cause) and also by his discretion
to
punish those Overseers and Rulers that shall unjustly punish any person
by
colour of this Act. |
2 & 3 Ph.
& M. c. 16.
P. Botem. 1.
P. Just. 109.
Lam. 205.
Crom. 131.
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The offences of Watermen against this Statute are
these. |
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| §. 2. |
1. No single man shall be a Waterman there
unless he be an Housekeeper,
or an Apprentice, or retained in service by the whole year. See 1
Jac. c. 16. |
P. Botem. 4.
P. Ibid. 5. |
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2. One of the (two) Watermen, rowing together
in one Boat, must be
allowed by the most part of the Eight Overseers, by writing under their
Seal and must have used rowing there two years before. |
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