carriage, if empty, and without a ticket denoting a fresh hiring, shall repass toll-free, although they have not passed through it on the same day, provided they return before nine in the morning of the day following that on which they past the gate at which the toll was paid.*

LAMBARD says, that he likes well of their opinion which do hold, that if information be given to any such officer, (i. e. constable, &c.) that a man and woman be in adulterie or fornication together, then the officer may take company with him, and if he find them so, carry them to prison. And in another place he says, that a constable may take suspected persons which do haunt any house, where is suspicion of bawdrie, and carry them before a justice of the peace, to find sureties for their good behaviour. But he gives no authority for his doctrine; and as a constable is a conservator of the peace, and not the custos of morals, his right to interfere is only when it is necessary to prevent an affray, or other violation of the peace. Vid. Poph. 208.

A constable can enter into a house of this description in such cases only, where he may enter other houses, that is, to interfere while an affray is proceeding within, or to apprehend the affrayers when a dangerous injury has been inflicted.

The custom of London, that "if information be given to any constable, that any one within

his jurisdiction is in adultery (avowtry), he shall call the beadle and others of the same parish, and go to the house, and if they find the man in adultery, they shall arrest and carry him to the counter," was held good; for though it was urged, that the offence was of ecclesiastical cognizance it was agreed, that the custom might have had legal origin, in as much as the act tended to a breach of the peace by exciting the husband to revenge, and causing irritation on account of the inclination of his neighbours to honor him with the distinction of cuckold, 1 H. 7. fo. 6, 7.

It is said, that by the custom of London, a bawd or whore may be punished by carting, and that on this ground a woman may maintain an action for defamation against one who has in that city, or in Southwark, called her by either of those opprobrious names. 1 Rol. 36. 1. 40, 50. 1 Rol. 550. l. 22. T. Ray. 81. 1 Sid. 97. Com. Dig. Action on case for Defamation, D. 10.

The clergy, however, in earlier ages, loudly as they denounced perdition on the offenders, scrupled little to become participators in the profits arising from the offence; for in their zeal for the interest of the church, they exacted from courtezans a tithe of their remuneration, on the ground of being professional profits, Hume in Ethelwolf, who quotes Padre Paolo. p. 134. And it seems, that the premium paid for the licence of brothels, formed a portion of the revenues of the princely see of Winchester.

II.

If the company at an inn, tavern, coffeehouse, &c. request, for their amusement, that certain music may be introduced, and the innkeeper acquiesce, he is not within the penalties imposed by this act, although the performers are paid either by the guests or by the innkeeper under their directions; for his acquiescing in the request of a party there, is not keeping a house, room, &c. for public musical entertainment. So, if a number of persons hold occasional assemblies at an inn, &c. and either themselves constitute a concert, or engage others to entertain them with music, or to join in their musical performances, the innkeeper, &c. does not keep a place for musical entertainments, for the party hold the room under a special agreement for their use, and are at liberty to entertain themselves according to their inclination.

These observations would not have been introduced, were it not understood that a system of extortion on innkeepers has been for some time carried on in the metropolis, under the pretext of this act of parliament. The rule for ascertaining whether the place is within the prohibition, is to consider whether the music. or entertainment is instituted for the advantage of the person who occupies the house, and the inducement for persons to go to it, or whether it is at the desire and under the direction of a particular party, who have sought there the ordinary entertainments of an inn or tavern,

III.

There is an ancient office of serjeant-trumpeter to the king, and the patent by which it is held affects to entitle him to certain fees, in respect of all drums, trumpets, and fifes, beaten or blown in any public exhibitions, and to render it necessary, that all persons using these instruments should obtain his licence, which appears to be a very curious piece of literary composition:

"G. R.-Lord Chamberlain's office. By the King's authority.-Whereas, by virtue of a certain appointment and warrant made and granted unto me,, serjeant-trumpeter to his majesty, bearing date the 28th of February, 1827, there is a power given unto me for the better regulating and keeping in order all trumpeters, drummers, fifers, &c. within this realm, or that shall sound, beat, or play dumb show, modells, rope dancing, or to mountebanks, prize players, or any other show, play, or public exhibition whatsoever, in any city, &c. within his majesty's realm of Great Britain; that they shall not presume to sound, beat, or play, without licence under the hand and seal of me, —, serjeant of all drummers, trumpeters, fifers, &c.

And whereas, by warrant and grant there is given and granted unto me power and authority, paying the said serjeant-trumpeter an ancient and customary fee, to licence all and every person and persons that shall so sound, beat, or