“You shall do your best endeavour, that rogues, vagabonds and night-walkers, be apprehended; and that the statutes made for their punishment, be duly put in execution: you shall have _a watchful eye_ to such as shall keep any house or place where any _unlawful game_ is used: as also to _such_ as shall _frequent_ such places, or shall _use_ any _unlawful game_ there or elsewhere. You shall _present all_ and _every_ the offences contrary to the statutes made to restrain the _tipling in inns, alehouses_, and _other victualling_ houses, and for repressing of _drunkenness_. You shall once in the year, during your office, present all _Popish recusants_. You shall well and duly execute all precepts and warrants to you directed. And you shall well and duly, according to your knowledge, power and ability, do and execute _all other_ things belonging to the office of a _constable_, so long as you shall continue therein.”
Upon this, “I would observe first, that _actors of plays_ are exprest by name within the statute, to be taken up for vagabonds, and punished accordingly: and that though a statute of queen _Elizabeth’s excepts_ such companies as have a licence under the hand and seal of a nobleman, yet a ♦later statute in the reign of king _James_ I. has taken away that protection from them; by declaring, that _from thenceforth no authority to be given by any peer of the realms, shall be available to free or discharge them from the pains and punishments of that former statute_. Every _constable_ therefore in those parishes, where any of these _strolling players_ come, is bound by his _oath_, to seize upon, correct, and send them packing without delay.”
♦ “latter” replaced with “later” per Errata
“The next part of your oath obliges you to keep _a watchful eye_, on such houses as keep and such _persons_ as use _unlawful gaming_. The statute directs you _weekly_ or at least _monthly_, to search within your liberties, all houses or places suspected of this offence, and upon discovering, to bring them to punishment. Upon this article I would observe, 1. That the law makes some allowance, for artificers, husbandmen, apprentices, labourers and servants, _to play in Christmas_, but at no other time of the year; and 2. That _all sports and pastimes_ whatsoever are made _unlawful_ upon the Lord’s day, by a statute of king _Charles_ II. You are therefore bound upon _oath_, to bring to punishment such as are guilty of _prophaning_ that day by any sports or pastimes whatsoever.”
“The following parts of your oath are, 1. That you shall _present all_ and _every_ the offences of _tipling_ and _drunkenness_ that come to your knowledge; 2. That you shall once in the year _present_ all _Popish recusants_. Nay, and by the statute on which your oath is grounded, you are obliged once a year to _present in session_, all those within your parishes, who (not being dissenters) come not once in a month, at least, to church.” And 3. That you shall _well_ and _duly_ execute _all precepts_ and _warrants_ to you directed. I believe no _constable_ will pretend to be ignorant of this. How is it then, that when we send out warrants, to levy on offenders for _swearing_, _drunkenness_, and the like, those _warrants_ are so ill obeyed? Are you not _sworn_ to execute _these_ as well as any other, and that _duly_ too, according to the tenor of your _precept_? Your _precept_ tells you, you shall _demand_ such a sum, and if the offender will not ♦pay, you shall _levy it by distress of his goods_: and _if no distress can be taken_, you are _then_ only to set him _in the stocks_; otherwise you have no authority so to do: nor is the setting him in the stocks, when you might have distrained, any execution of your _precept_.”
♦ “pray” replaced with “pay”
“The last part of your oath is in _general_ terms. That you shall _well_ and _duly_ according to your knowledge, power, and ability, do and execute _all other things_ belonging to the office of a _constable_. I shall instance in some things which certainly _belong to your office_, because you, and none else, can do them. 1. A constable may, _without a warrant_, apprehend any persons, and carry them before a justice, who are driving carts, horses or cattle on the Lord’s day: 2. Such as he shall find at _sports and pastimes_ on that day. 3. Such as he shall find _tipling_ in public-houses; 4. Shopkeepers _selling_ or _exposing_ goods on the Lord’s day; and lastly, Such as he shall find drunk or blaspheming, or prophanely swearing or cursing.”
“Thus I have shewn you, in part, _what belongs to your office_: it is well, if according to the tenor of your oath, you _duly, according to your knowledge and ability, do and execute all these things_. But remember, that if you do not, if you neglect any of them, you are _forsworn_.”
Now let all men judge, how many _constables_ in _England_ are clear of wilful _perjury_!