WATCH AND WARD is the ancient provision for the maintenance of the public peace and of property. in towns : watching relates to the night, ward to the day.
The duty of keeping watch and ward no doubt prevailed in Anglo Saxon times, although it is usually stated to have been imposed by the statute of Winchester (13 Edward I., c. 4). The words of the statute are :—" And henceforth it is commanded that watches be made as formerly they were accustomed to be ; that is to say, from Ascen sion-day to Michaelmas-day, in every city, by six meu at each gate, in every borough by twelve men, in every open town by six or four men, according to the number of inhabitants; and that they watch all the night from sunset to sunrise. And if any stranger pass by them, he shall be arrested until morning; and if [no cause of] euspicion be found, he shall go quit." Then follow provisions for delivering him to the sheriff if the watch find cause of suspicion, and for raising the hue and-cry on him from town to town if he escape. A subsequent act (5 Edward III., c. 14) extends to the day these powers of arresting
suspected persons ; and in reciting the previous act, this later statute treats it as applying to the country generally ; but seems to limit the power of arrest to constables. The statute 5 Henry IV., c. 3, extends to the sea-coast the provisions of the statute of Winchester, and (like it) seems only to revive an ancient custom which had fallen into disuse.
The duty of keeping watch is imposed upon every inhabitant of a town in turn, at the call of the constable. The watchman must be euitably armed, and women or infirm persons must find eubstitutee. Not to keep watch in his turn, or not to find a sufficient substitute, is an offence for which the party may be indicted at the sessions of the peace, and may be punished by fine and otherwise.
Another class of watchmen, having like powers and duties to the former, is that appointed for the preservation of the peace. [CoNsraesŁ, POLICE.]