ABSTRACT

The chapter discusses the justices, constables and jurymen in seventeenth-century England. The exchanges reveal nicely a conflict between the concept of order of the governing magistracy of seventeenth-century England as embodied in legislation and the somewhat broader area of behaviour permitted to themselves by a group of villagers. The Justices will set us by the heelsIf we do not as we should, which if we perform, the townsmen will storm, some of them hang's if they could. Michael Dalton summed up the situation with his opinion that 'constables chosen out of the meaner sort are either ignorant what to do; or dare not do as they should; and are not able to spare the time to execute this office'. The law was a maze to the unwary officer. As Major-General Worley was to complain in 1655, many constables were 'doubtful of what power they have’; for the simple reason that 'the law is very dark'.