when ward ends, and ends when that begins: for, by the ſtatute of Wincheſter, in walled towns the gates ſhall be cloſed from ſunſetting to ſunriſing, and watch ſhall be kept in every borough and town, eſpecially in the ſummer ſeaſon, to apprehend all rogues, vagabonds, and night-walkers, and make them give an account of themſelves. The conſtable may appoint watchmen at his diſcretion, regulated by the cuſtom of the place; and theſe, being his deputies, have for the time being the authority of their principal. But, with regard to the infinite number of other minute duties, that are laid upon conſtables by a diverſity of ſtatutes, I muſt again refer to Mr Lambard and Dr Burn; in whoſe compilations may be alſo ſeen, what powers and duties belong to the conſtable or tithing-man indifferently, and what to the conſlable only: for the conſtable may do whatever the tithing-man may; but it does not hold e converſo; for the tithing-man has not an equal power with the conſtable.
V. We are next to conſider the ſurveyors of the highways. Every pariſh is bound of common right to keep the high roads, that go through it, in good and ſufficient repair; unleſs by reaſon of the tenure of lands, or otherwiſe, this care is conſigned to ſome particular private perſon. From this burthen no man was exempt by our antient laws, whatever other immunities he might enjoy: this being part of the trinoda neceſſitas, to which every man's eſtate was ſubject; viz. expeditio contra hoſtem, arcium conſtructio, et pontium reparatio: for, though the reparation of bridges only is expreſſed, yet that of roads alſo muſt be underſtood; as in the Roman law, ad inſtructiones reparationeſque itinerum et pontium, nullum genus hominum, nulliuſque dignitatis ac venerationis meritis, ceſſare oportet[1]. And indeed now, for the moſt part, the care of the roads only ſeems to be left to pariſhes; that of bridges being in great meaſure devolved upon the county at large, by ſtatute 22 Hen. VIII. c. 5. If the pariſh neglected theſe repairs, they might formerly, as they may ſtill, be indicted for ſuch their neglect: but it was not then incumbent on any parti-
- ↑ C. 11. 74. 4.
