[Footnote e: _Excubias et explorationes quas wactas vocant._
_Capitular. Hludovic. Pii._ _cap._ 1. _A.D._ 815.]

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_[f]. 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
particular officer to call the parish together, and set them upon this
work; for which reason by the statute 2 & 3 Ph. & M. c. 8. surveyors
of the highways were ordered to be chosen in every parish[g].

[Footnote f: _C._ 11. 74. 4.]

[Footnote g: This office, Mr Dalton (just. cap. 50.) says, exactly
answers that of the _curatores viarum_ of the Romans: but, I should
guess that theirs was an office of rather more dignity and authority
than ours, not only from comparing the method of making and mending
the Roman ways with those of our country parishes; but also because
one Thermus, who was the curator of the Flaminian way, was candidate
for the consulship with Julius Caesar. (_Cic. ad Attic._ _l._ 1. _ep._
1.)]

THESE surveyors were originally, according to the statute of Philip
and Mary, to be appointed by the constable and churchwardens of the
parish; but now[h] they are constituted by two neighbouring justices,
out of such substantial inhabitants as have either 10_l._ _per annum_
of their own, or rent 30_l._ a year, or are worth in personal estate
100_l._

[Footnote h: Stat. 3 W. & M. c. 12.]

THEIR office and duty consists in putting in execution a variety of
s