of such his nomination and election as aforesaid; and that afterwards, to wit, on, &c. at, &c. aforesaid, in the manor and county aforesaid, the said R. S. then being such steward as aforesaid, did certify under his hand and seal to G. P. esq., then being one of the justices of our said lord the king, assigned, &c. [as ante 182.] that the said G. D. had according to the custom of the said manor been appointed at a court-leet, held in and for the said manor of B., on the said, &c. constable of the said manor of B., whereupon the said G. P. the justice aforesaid, afterwards, to wit, on the said, &c. at, &c. aforesaid, did make and issue a certain summons under his hand and seal directed to the constable and headborough of B. aforesaid, for that time being, thereby requiring them, and each of them, forthwith to summon the said J. D. to appear before him the said G. P. being such justice as aforesaid, at the house of J. C. in B. aforesaid, on, &c. by three of the clock in the afternoon of the same day, to take the oath of office of constable for the said manor of B., so being nominated and elected for and to that office as aforesaid; and the jurors, &c. do further present that the said J. D. afterwards, to wit, on the said, &c. at, &c. aforesaid, was duly summoned by R. B. then being constable of the manor of B. aforesaid, to appear before the said G. P. being such justice as aforesaid, at the house of the said J. C., in B. aforesaid, on, &c. aforesaid, by three of the clock in the afternoon of that day, to take the oath of office aforesaid, according to the tenor of the said summons;* and that although the said J. D. personally appeared before the said G. P., on the day and at the place in that behalf aforesaid, according to the summons aforesaid, and was then and there required by the said G. P. to take the said oath of office, of constable of and for the said manor of B., according to the nomination and election aforesaid, yet the said J. D. then and there, to wit, on the said, &c. at, &c. (although often duly requested so to do,) unlawfully, wilfully, obstinately, and contemptuously did refuse and deny, and still doth refuse and deny, to take the said oath of office, and to be duly sworn in the said office of constable, of and for the said manor of B., for the year next ensuing, and to take upon him the said office of constable, contrary to his duty in that behalf, in contempt, &c. to the great hindrance of justice, and against the peace, &c. And Second the jurors, &c. do further present, that on, &c. at another court- count, leav ing out the leet of the said right honourable T. lord A. lord of the manor certificate of B., aforesaid, in the county aforesaid, then held in and for summons, the said manor of B. before the said R. S., then being steward and every of the said court of the said lord A., lord of the said manor, ing to the thing relatthe said G. B. according to the custom of the said manor, was justice. duly nominated and elected by the said J. R., &c. [the names of the jurors,] the jury then and there duly sworn, at the said last mentioned court-leet, as well for our said lord the king as for the said lord of the said manor, according to the custom of the said * [*274] to execute dred to en on Clerk. enwell manor, one of the constables of the said manor of B., for the year then next ensuing, (he the said J. D., then and there being an inhabitant and resiant of and within the said manor, and being a fit person to be nominated and elected, and a person liable to be nominated and elected to the said office,) and that afterwards, to wit, on the same, &c. last aforesaid, at, &c. aforesaid, the said J. D. had notice from the said R. S., so being steward as aforesaid, of such his nomination and election as last aforesaid; and that afterwards, to wit, on the same, &c. last aforesaid, at, &c. aforesaid, in, &c. aforesaid, the said J. D. then being personally present in the said last mentioned court, was required by the said R. S., then being steward as aforesaid, then and there to be sworn into and take upon himself the said office of constable, in and for the said manor, according to such his nomination and election as last aforesaid; yet the said J. D. then and there, to wit, on the said, &c. aforesaid, at, &c. aforesaid, unlawfully, wilfully, and obstinately, did neglect and refuse to be sworn into, or in any wise to take upon himself the said office of constable, in and for the said manor, to which he had been so nominated and elected as last aforesaid, and hath hitherto wholly neglected and refused so to do, contrary, &c. [as in first count.] *275] That at the general quarter session of the peace of our said Indictment lord the king, holden at the new sessions' house on Clerkenfor refusing well-green, in and for the county of Middlesex by adjournment, the office of on Thursday, the ninth day of October, in the twenty-first year, chief consta- &c. before W. M., J. S., W. A., D. W. esquires and others ble of a hun- their fellows, justices of our said lord the king, assigned, &c. which he was [as ante, 182.] one W. B. late of, &c. then and long before beelected at a ing an inhabitant, and residing in the parish aforesaid, within session hold- the hundred of O., in the said county of M., and a proper person to execute the office of chief constable, within the said hunGreen. (b) dred at the same session, by the justices above named, in due manner was elected to be one of the chief constables of the hundred aforesaid, in the room and stead of one J. B., whereof the said W. B. afterwards, to wit, on, &c. at, &c. aforesaid, had notice: nevertheless the said W. B., his duty in that behalf not regarding, but contriving and intending as much as in him lay to prevent and hinder the due execution of justice, on the said, &c. at, &c. aforesaid, unlawfully, wilfully, obstinately, and contemptuously did refuse, and from thence continually until the day of taking this inquisition, unlawfully, wilfully, obstinately and contemptuously, hath refused to take upon himself and execute the said office of chief constable, within the hundred aforesaid, to wit, at, &c. aforesaid, contrary to his duty in that behalf, in manifest contempt and delay of justice, to the evil example, &c. and against the peace, &c. (b) See precedent, Cro. C. C. 8th Ed. 145. 7th Ed. 296. ante 266 note x. son for refus a court of &c. That the city of London is an ancient city, and that F. de M. Indictment late of, &c. on, &c. and long before, and continually afterwards, against a peruntil the day of the taking of this inquisition, was an inhabitant ing to take and resiant within the parish of C. C. in the ward of Farring- the oath of don within, in London aforesaid, and a fit and proper person to the ward of execute the office of constable within the said ward, and that Farringdon according to the custom of the said city, a court of ward-mote within, after was holden, in and for the said ward, to wit, in &c. aforesaid, having been elected at a in London aforesaid, on, &c. before J. P. esquire, then being ward-mote. the lawful deputy of W. B. esquire, then and now being one of (c) the aldermen of the said city, and then and yet alderman of the First count, said ward, and that the said court of ward-mote was in due stating that manner continued by several adjournments until, &c. to wit, at, ward-mote &c. aforesaid; and that, on the said, &c. at, &c. aforesaid, at was held acthe same court of ward-mote, then and there duly holden by cording to adjournment, before the said J. P., the deputy* aforesaid, he the custom the said F. de M. was lawfully and in due manner according [*276] to the custom of the said city, and in the court of ward-mote and that the of the city, aforesaid, then and there elected and chosen to be one of the defendant constables within and for the said ward, for one whole year was chosen from thence next ensuing, by the men inhabiting and resiant and refused, paying scot and bearing lot within the said ward, whereof the said F. de M. afterwards, to wit, on the said, &c. and on divers other days and times between that day and the day of the taking of this inquisition at, &c. aforesaid, had due notice; yet the said F. de M., not regarding his duty in this behalf, but endeavouring and intending, as much as in him lay, to hinder and retard the due execution of justice on the said, &c. and continually from thence until the day of the taking this inquisition at, &c. aforesaid, voluntarily and obstinately, wholly refused, denied and neglected, and yet doth refuse, deny, and neglect to take upon himself, and execute the said office of constable, contrary to his duty in that behalf, in manifest contempt and delay of justice, to the evil example, &c. and against the peace, Second &c. And the jurors, &c. do further present, that the said F. counnt, statde M. on the said, &c. and long before, and continually from ing the custhence, until the day of the taking of this inquisition, was an tom at inhabitant and resiant, paying scot and bearing lot within the length, to hold a court, said parish of C. C. in the said ward of Farringdon within, in &c. and that London aforesaid, to wit, at, &c. aforesaid, and that within the defendant same ward there is, and from time whereof the memory of man was chosen is not to the contrary, there hath been, a certain court of our for the ward. lord the now king and his predecessors, kings and queens of England, called the ward-mote, held, and to be held every year, upon the feast day of St. Thomas the apostle, (unless the (c) See precedent, Cro. C. C. 8th Ed. 147. Cro. C. A. 55. Starkie, 595. ante 266. note x. It should seem Crim, Law. better to begin the indictment with VOL. II. 2 K same feast should happen to be on a Sunday, and in such case then upon the day next following such Sunday,) before the alderman of the ward aforesaid, for the time being, or his deputy in which said court of ward-mote, according to the custom within the said ward used and approved of during the time last aforesaid, to wit, in, &c. aforesaid, all the men, inhabitants and resiants, paying scot and bearing lot within the ward aforesaid, for the time being have been used and accustomed, and ought and were bound by reason of their residence to appear in the said court and do their suit there, and in the said court of ward-mote, according to the custom of the said ward, the said men inhabiting and resiant, paying scot and bearing lot within the same ward for the time being, were during the whole time aforesaid, used and accustomed, and ought to appoint and choose yearly divers persons then inhabiting and resiant, and paying scot and bearing lot, within the ward aforesaid, constables to and for the said ward, for the preserving of the peace of our lord the king, and for the apprehending of [*277] rogues,* vagabonds, and other suspicious persons within the ward aforesaid, for the public good, which said persons, so as aforesaid appointed and chosen, were used and accustomed and ought to hold the said office for the year then next ensuing, and until other persons should be elected into the said office, and also were used and accustomed, and ought on the Monday next after the feast of the Epiphany, next after their said election to appear at the Guildhall of the said city of L. situate, &c. in the court then and there held before the mayor and aldermen of the same city for the time being, for all the time aforesaid, and take their corporal oaths before such mayor and aldermen, for the due execution of the said office of constable. And the jurors, &c. do further present, that according to the custom of the city and ward aforesaid, a court of ward-mote was holden for the said ward of Farringdon within, to wit, in the said parish of C. C. in the said ward on the said, &c. before the said J. P. then being the lawful deputy of the said W. B. esquire, then and now being one of the aldermen of the said city, and then and yet alderman of the said ward, and that the said court of ward-mote was in due manner continued by several adjournments until, &c. and that at the same court of ward-mote being duly holden by adjournment on the said, &c. within the said parish of C. C. in, &c. aforesaid, before the said J. P. the deputy aforesaid, the said F. de M. was lawfully and in due manner by the then inhabitants and resiants paying scot and bearing lot within the ward aforesaid, according to the custom of the said ward, and the court of ward-mote aforesaid, for and during all the said time, immemorially used and approved of, elected into the office of one of the constables in and for the said ward, for one whole year then next ensuing, and until another person should be elected to the said office for preserving the peace of our said lord the king, and for the ap prehending of rogues, vagabonds and other suspicious persons within the said ward for the public good, whereof the said F. de M. afterwards, to wit, on the said, &c. at, &c. aforesaid, had due notice from A. B., gentleman, then and there being vestry clerk of the said parish of C. C. and then and there was duly required to appear amongst others in the said court to be holden before the then mayor and aldermen of the said city of L. at the Guildhall of the same city, on Monday next, after the feast of the Epiphany then next following, there to take his corporal oath for the due execution of his said office, and to execute his said office, yet the said F. de M. not regarding his duty in that behalf, but intending and endeavouring wholly to neglect and omit the due execution of his said office, on the said Monday next, after the feast of the Epiphany, and continually afterwards until the day of the taking of this inquisition, (although often duly requested so to do, to wit, at, &c.* [*278] aforesaid,) hath altogether voluntarily, obstinately and contemptuously refused and denied, and yet doth refuse and deny, to take his said oath, for the due execution of his said office, or to execute his said office, in any manner whatsoever, contrary to his duty, &c. [as in the first count.] And the jurors Third count, aforesaid, upon their oath aforesaid, do further present that setting out the said F. de M. on the said, &c. aforesaid, and long before the custom and continually from thence until the day of the taking of this and that the inquisition was an inhabitant and resiant paying scot and bear- defendant ing lot, within the said parish of C. C. in the said ward of Far- was chosen for a precinct ringdon within, in London aforesaid, and that within the same in the ward. ward there is and from time whereof the memory of man is not to the contrary, there hath been, a certain court, &c. [the same as before to the end, except the variations of the word "precinct," &c.] as before, to watch with That A. B. late of, &c. yeoman, on, &c. and long before, Indictment was an inhabitant in the parish aforesaid, in the county afore- for refusing said, and that the said A. B. then and there was duly summon- the constable ed and required to watch in the night of the same day with C. when duly D. then being one of the constables of the same parish, in the summoned. county aforesaid, nevertheless the said A. B wholly neglecting (d). (d) See other precedents, Burn J. Watch. Cro. C. C. 143. 7th Ed. 289. As to the duty, &c. of watching in general, see Dalt. J. c. 104. Hawk. b. 2. c. 13. s. 2, 3, 4, 5, 6.-Burn J. Watch.-By Stat. Winchester, c. 4. it is enacted, "that from thenceforth all towns be kept as it had been used in times past, that is, to wit, from the day of Ascension to the day of Saint Michael in every city six men shall keep at every gate, in every borough twelve men, in every town six or four, according to the number of the inha bitants of the town, and shall watch |