Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/373

 Ch. 9. when ward ends, and ends when that begins: for, by the tatute of Wincheter, in walled towns the gates hall be cloed from unetting to unriing, and watch hall be kept in every borough and town, epecially in the ummer eaon, to apprehend all rogues, vagabonds, and night-walkers, and make them give an account of themelves. The contable may appoint watchmen at his dicretion, regulated by the cutom of the place; and thee, 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 contables by a diverity of tatutes, I mut again refer to Mr Lambard and Dr Burn; in whoe compilations may be alo een, what powers and duties belong to the contable or tithing-man indifferently, and what to the conlable only: for the contable may do whatever the tithing-man may; but it does not hold e convero; for the tithing-man has not an equal power with the contable. V. are next to conider the urveyors of the highways. Every parih is bound of common right to keep the high roads, that go through it, in good and ufficient repair; unles by reaon of the tenure of lands, or otherwie, this care is conigned to ome particular private peron. From this burthen no man was exempt by our antient laws, whatever other immunities he might enjoy: this being part of the trinoda neceitas, to which every man's etate was ubject; viz. expeditio contra hotem, arcium contructio, et pontium reparatio: for, though the reparation of bridges only is expreed, yet that of roads alo mut be undertood; as in the Roman law, ad intructiones reparationeque itinerum et pontium, nullum genus hominum, nulliuque dignitatis ac venerationis meritis, ceare oportet. And indeed now, for the mot part, the care of the roads only eems to be left to parihes; that of bridges being in great meaure devolved upon the county at large, by tatute 22 Hen. VIII. c. 5. If the parih neglected thee repairs, they might formerly, as they may till, be indicted for uch their neglect: but it was not then incumbent on any parti- Rh