98. RECORDS OF LOCAL GOVERNMENT (1616-37)

(A) Speech of James I to the Judges (1616)

... Let the judges be never so careful and industrious, if the justices of peace under them put not to their helping hands, in vain is all your labour; for they are the king's eyes and ears in the country. It was an ancient custom that all the judges, both immediately before their going to their circuits and immediately upon their return, repaired to the lord chancellor of England, both to receive what directions it should please the king by his mouth to give unto them, as also to give him an account of their labours, who was to acquaint the king therewith. And this good ancient custom hath likewise been too much slacked of late. And therefore, first of all, I am to exhort and command you that you be careful to give a good account to me and my chancellor of the duties performed by all justices of peace in your circuits. Which government by justices is so laudable and so highly esteemed by me that I have made Scotland to be governed by justices and constables as England is. And let not gentlemen be ashamed of this place, for it is a place of high honour and great reputation, to be made a minister of the king's justice in service of the commonwealth. Of these are two sorts, as there is of all companies, especially where there is a great number: that is, good and bad justices. For the good, you are to inform me of them, that I may know them, thank them, and reward them as occasion serves. For I hold a good justice of peace in his country to do me as good service as he that waits upon me in my privy chamber, and as ready will I be to reward him.... I esteem the service done me by a good justice of peace three hundred miles — yea, six hundred miles — out of my sight as well as the service done me in my presence. For, as God hath given me large limits, so must I be careful that my providence may reach to the farthest parts of them.... Therefore let none be ashamed of this office, or be discouraged in being a justice of peace, if he serve worthily in it....

The good justices are careful to attend the service of the king and country for thanks only of the king and love to their country, and for no other respect. The bad are ... idle slow-bellies, that abide always at home, given to a life of ease and delight, liker ladies than men, and think it is enough to contemplate justice; whenas ... contemplative justice is no justice, and contemplative justices are fit to be put out. Another sort of justices are busybodies, and will have all men dance after their pipe and follow their greatness, or else will not be content.... These proud spirits must know that the country is ordained to obey and follow God and the king, and not them. Another sort are they that go seldom to the king's service, but when it is to help some of their kindred or alliance; so as when they come it is to help their friends or hurt their enemies, making justice to serve for a shadow to faction and tumultuating the country. Another sort are gentlemen of great worth in their own conceit, and cannot be content with the present form of government; but must have a kind of liberty in the people, and must be gracious lords and redeemers of their liberty; and in every cause that concerns prerogative give a snatch against a monarchy, through their Puritanical itching after popularity. Some of them have shown themselves too bold of late in the lower house of parliament; and when all is done, if there were not a king, they would be less cared for than other men.

McIlwain, Political Works of James I, pp. 339 f.

(B) The Lord Keeper's Instructions to the Justices (1632)

My lords the judges: The time draweth near that you are now to enter upon your several circuits, before which I am, according to my place and duty, to declare unto you his majesty's pleasure in four things especially....

First, his majesty is informed that papists and recusants that have great estates in the country have the greater favour, contrary to that which is right; which his majesty would have you to look unto, and accordingly to instruct the people of your counties in your charges.

The second thing his majesty would have you to regard and to commend to noblemen and gentlemen in the counties is that you inform them of the grounds and reasons of his majesty's now present proclamation, ready to come forth, commanding their repair to their houses in the country, and not to lie about the cities of London and Westminster, and the places adjacent. And this is necessary in these days, wherein men dispute upon proclamations, whether they should be obeyed. You know that such a thing as the pleasure of the king made known in this court was sufficient; but I persuade myself, for the ground and reasons of this his majesty's command at this time, you know better than myself what they are. Yet for the present occasion I shall name some of them....

There are a multitude of precedents whereby the kings of this realm have, upon due considerations, commanded their subjects to dwell at their own houses.... The sheriff of every shire takes his oath to be present in his county and there dwelling. And justices of peace take such an oath that, if they be non-resident, they cannot perform. It is no discharge from their oath to live at London; but they remove hither to London, where they must of necessity live idle. They cannot govern here — that the charter of London inhibiteth. And what do they, their wives, and servants? Themselves go from ordinaries to dicing houses, and from thence to playhouses. Their wives dress themselves in the morning, visit in the afternoon, and perhaps make a journey to Hyde Park, and so home again. Their servants [go] to playhouses, brothel-houses, drunkenness, to any vice.... This appeareth to be an offence against many laws, and very hurtful to the common good. It is therefore a great and a gracious providence to take care to prevent it, as his majesty doth. I pray give the countries warning of this; and his majesty will give no more warning in this kind, but expecteth all men to be left without excuse by this his proclamation, if they offend against it.

There is another [proclamation], and that is for the observation of Lent and fish-days, touching which likewise he will give this as his last warning.... Some pretend that one meat is not holier than another, and some that their stomachs will not endure fish and therefore they are to be excused.... Their stomachs will not bear it, but they can sit all day long at sack and tobacco. Nay, I have heard of some that must needs drink tobacco on the bench; but, if I understand of any such hereafter, they shall not sit upon the bench any more. Some pretend that there is not fish enough. It is truth that the scarcity of fish cometh by the discouragement of fishermen. The king therefore hath very providently set out this proclamation at this time; that men may not pretend shortness of warning, but have fit time to furnish themselves, and the fishermen to provide that there may be plenty. The unsufferable resort and residence of multitudes to the city of London hath heretofore been one means to make fish the scarcer. This is intended to be remedied, and commandment shall be given to the lord mayor and aldermen that they shall see the fishmongers sell at reasonable prices. Therefore your lordships are to give a strict charge and warning that the offenders against these good laws and proclamations shall be strictly dealt withal, both here and in other courts; and you in your assizes are to deal strictly with them.

Another thing there is to be remembered: that, whereas his majesty lately set forth ... certain orders for the execution of the laws against idle vagrants and rogues ... , unless execution be done in all, it will but drive them from one county to another. Therefore you are likewise to enforce this upon the justices of peace and other officers, and take care it be observed.

And one thing more you are to look unto in the middle shires of the kingdom: that you suffer no enclosures tending to depopulation.

For all other things, you are to do universal justice, that his majesty may have honour and his people comfort and quiet by your industry.

Gardiner, Cases in Star Chamber and High Commission, pp. 176 f.

(C) Yorkshire Quarter Sessions Records (1610-12)

The oath of a high constable. You shall well and truly exercise your office of high constable within the wapentake of A, and duly and truly shall keep your petty sessions and receive and take all informations and presentments to you made and presented, and return and certify the same accordingly. All manner of bloodsheds, assaults, affrays, and outcries done and committed within the same wapentake according to your best knowledge you shall present; all manner of writs, warrants, and precepts to you lawfully directed you shall duly and truly execute. You shall diligently endeavour to take felons and vagabonds and do your office upon them according to the laws and statutes made and provided in that behalf. You shall inquire of the faults in all under-constables within the said wapentake and the same with their names certify to the sessions of peace next following after the same inquiry had. The king's majesty's peace in your own person you shall, as much as in you lieth, conserve and keep. And in all other things that appertain to your office you shall well and truly behave yourself. So help you God and the contents of this Book.

Petty constable's oath. You shall duly exercise your office of constable of the township of A, and well and truly present all manner of bloodsheds, assaults, and affrays, and outcries there ... committed against the king's majesty's peace. All manner of writs, warrants, and precepts to you lawfully directed you shall truly execute. The king's majesty's peace in your own person you shall conserve and keep, as much as in you lieth. And in all other things that appertain to your office you shall well and truly behave yourself. So help you God and the contents, etc.

High constables. All and every the high constables within the North Riding shall keep precisely the orders presented unto them in calling the churchwardens and petty constables at convenient times before them between every quarter sessions, and give them several copies of the said orders or articles for 8d. a copy. And [they are] to take their presentments to every the several articles upon their oaths ...; and if any difficulty happen in any of their presentments, to let it be censured by the justices at the next sessions. And if there be default of presentment in any of the offices abovesaid ... , then the same defaulters [are] to be presented by the high constables at every general quarter sessions. And the head constables for every division [are] to enter in a fair book all such presentments as they shall so receive of the petty constables from time to time; and [they] shall attend some of the justices of the division with the said book of presentments and of defaults of petty constables and churchwardens and overseers of the poor one month before every sessions, to the end that such justices, upon consideration thereof, may give order to enjoin such of the offenders to appear at the then next sessions as they shall think fit to be ordered, as to justice shall appertain. And it is ordered that every of the said officers and ministers shall carefully behave themselves therein for the good example of the commonwealth ... , freeing the good subjects from oppression and reforming common disorders, at their ... perils.

Orders made, etc. [at Helmsley.] Ordered that all such freeholders as hereafter shall be summoned to appear at the quarter sessions and do make default shall be fined, the gentlemen to 40s. and yeomen to 30s. apiece. By the general consent of all the justices here assembled, the next general quarter sessions for the body of the whole North Riding shall be holden at Topcliffe upon Tuesday, the 2nd day of October next; and all surveyors [and] collectors for bridges [are] then to make their account there. The several proportions for the rates of these bridges underwritten, due within Richmondshire: viz., for Whitby Bridge £46. 13/4; Yafforth Bridge, £3. 6/8; Isell Bridge, £3. 6/8; Yeddingham Bridge, £3. 6/8 — amounting in all to £90, with the proportion of Richmondshire for Katherick Bridge being £33. 6/8. And further it is ordered that the other £10, to make up £100, shall be paid forth of Birdforth....

Whereas the sessions have been holden these two days past and adjourned with a continuance to be held and concluded tomorrow, being the twelfth day at Allerton, these are to direct clerks of the peace to be there attendant for those services. And forasmuch as the sheriff's deputy here present hath refused to disburse his majesty's allowance to the justices now present for their wages, we do therefore, and in respect of his contempt in this behalf, with one consent set upon Mr. Sheriff's head, for a fine to be presently estreated, the sum of £10 — and this to be entered amongst the orders of this sessions....

Orders made at this said sessions holden at Thirske.... Forasmuch as it doth appear unto them, upon perusal of divers sundry former orders in the sessions ... , that there was nothing effectually performed for the erecting of the house of correction formerly intended by the said orders ... to be seated within the town of Richmond: therefore we, his majesty's said justices, do this day further order that all former orders touching the said house shall be resumed; and that all and every of us, and as many other of the justices of peace of the North Riding as will be pleased to be present at Helmsley upon Wednesday, the 27th day of May next, by eight of the clock in the forenoon of the same day, shall then give their meeting there further to consult and conclude in what place the said house of correction shall be erected and established, with all such further due consideration both for orders, governors, ministers, and taxing, assessing, and levying of sums of money and all other things whatsoever requisite and necessary for the full accomplishment and finishing of the aforesaid house of correction, according to his majesty's laws in that case formerly made and provided....

Atkinson, Quarter Sessions Records, I, 118, 182 f., 193-95, 254-55.

(D) Worcestershire Quarter Sessions Records (1637)

[Presentment of Henry Brian, constable of Bayton.] Imprimis, I present Humphrey Cooke for a recusant. Item, John Timberlett doth sell ale and doth keep good order in his house, as far as rightly known. Item, our poor are provided for according to the law. Item, our highways are in good repair. Item, we have punished rogues and vagrants and presented their names to the justices of the peace at our monthly meeting. To the rest of the articles I have not any matter worthy of presentment....

[Presentment by John Hunt and Nicholas Rindon, constables of Chadgsley Corbett.] For recusants we do present Richard Leayght; Mary Bach, widow; and Mary Hunt, widow; Parnell, the wife of Gregory Munk; Elizabeth, the wife of William Leight; and Elizabeth Jordan. Our poor are well and sufficiently provided for. Our highways and bridges are in good repair. Rogues and vagabonds have been punished according to law. Riots or routs or unlawful assemblies we know none. Cards and dicing or other unlawful gaming we know none. Our alehouses are all licensed. For other matters worthy to present, we know none at the present time....

[Presentment of Henry Hewes and John Finchar, constables, and Robert Bolton and Thomas Hewes, churchwardens, of Feckenham and Home.] We have punished one George Stevens of Derby as a rogue and sent him away with a pass according to the law. We have punished one Matthew Garrette of Birmingham as a rogue and sent him away with a pass according to the law. We present these persons hereunder written that absent themselves from church....

[Presentment by Humphrey Wright, constable of Astley.] For recusants, we have none in our parish. John Highley, the younger, sells ale without licence. For our highways, they are in repair. Our poor are well provided for according to the statute....

[Presentment by Thomas Harvey, constable of Inkbarrow.] We keep watch and warding duly. Our poor are provided for by a weekly contribution. Our alehouses do keep very good order. Common drunkards we have none. I present .. for recusants. Our bridges and highways are sufficiently repaired. No tobacco planted....

[Presentment by Humphrey Brian, constable of Bayton.] I do present Humphrey Cooke as a recusant. That Edward Griffen, and Robert Brian, and John Timberlette sell ale. Robert Brian hath been fined in 20s. for selling ale and he yet doth continue selling of ale, but there could be no distress found worth 20s. Our poor are relieved according to the law. Our highways are in good repair. I have punished rogues and vagrants; presented their names to the justices of the peace at our monthly meetings. I do present Humphrey Winwood and Edward Winwood for making assault and affray and bloodshed upon me, being constable about the king's business, and swearing many grievous oaths they would beat me blind. Our watch and ward hath been duly kept, but William Whopper and Humphrey Winwood, being warned by me to watch, told me they would not and were as good as their words. I do present Edward Ashcrofte and John Hill for an affray and bloodshed....

[Presentment by the constable of the township of St. John Bedwardine. ] That there are no taverners, vintners, nor cooks; nor any baker that sell above the rate of thirteen to the dozen. That there are none that exceed the rate of 2s. a meal for the master, or above 8d. a meal for his servant attending him. That no unlawful games are used in the victualling houses, as far as our knowledge extends to know. That no inn-keeper exceeds the rate of 6d. a peck for oats, or 2d. for standing a horse at hay for the space of a day. That we know of none that doth harbour or lodge any vagabond rogues or suspected persons within our township. That no rogues or vagabonds do wander, to our knowledge, or do pass unpunished. That watch and ward hath been duly kept, as far as we know. That George Wigfall, Richard Frewin, Philip Callow, John Deakins, and Widow Hopkins are licensed ale-sellers, and John Webb unlicensed. That no victuallers do suffer any drinking in the time of divine service, or unreasonable times in the night. That we know of no inordinate haunts of tippling or drinking within our township.... That the highways and bridges are sufficiently mended and repaired within our township. That no loafers have passed unpunished through our default or neglect.

Worcestershire Quarter Sessions Papers, I, 638-43.