declaâ—ed 7 Jac. c. 3. If the Master shall put his Apprentice into Apparel it is a Gift in Law and he cannot â—fterwards take it away though he should part â—ith his Apprentice Br. Transgr 93. An Apprentice cannot be discharged from his Apprenticeship but by four Justices of the Peace â—t the least and in open Sessions or else by â—he Agreement of the Master and Apprentice â—nd under his Masters Hand in Writing Dalt J. P. c. 58. f. 121. The Form of these Indentures mentioned before is as followeth viz. THIS Indenture made the 29th day of September in the 20th Year of the Reign of Our most Gracious Sovereign Lord Charles the Seâ—â—nd by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. Annoque Dom. 1668. witnesseth that J. W. â—nd G. R. Overseers of the Poor in the Town of Kirk-Leaventon and J. R. Churchwardens of the â—â—me Town by and with the consent of Sir J. P. Knight and Baronet and T. M. Esq two of his Majesties Justices of Peace for the North Riding â—f the County of York have by these Presents â—laced and bound J. T. being a poor fatherless child as an Apprentice with E. H. of Kirk-Leaventon aforesaid Widow and as an Apprentice with her the said E. H. to dwell from the day of the â—ate of these Presents until she the said J. T. shall â—ome to the Age of 21 years or be married which â—hall first happen according to the Statute in that â—ase made and provided by and during all which time and term the said J. T. shall the said E. H. her Dame well and faithfully serve in all 〈◊〉 lawful Business as the said E. H. shall put â—â— the said J. T. unto according to her Power â—â— and Ability and honestly and obediently in â—â— things shall behave her self toward her said 〈◊〉 and Children and all the rest of the Family â— the said E. H. And the said E. H. for hâ—r â—â—â— promiseth covenanteth and agreeth that she tâ—â— said E. H. the aforesaid J. T. in the Art and Skâ—â— of Housewifry the best manner that she can â—â— may shall teach and inform or cause to be taugâ—â— and informed as much as thereunto belongeth aâ—â— she the said E. H. knoweth and also during â—â— the said Term to find unto her said Apprentice Meat Drink Linnen Woollen Hose Shooes Wâ—â—ing and all other things needful or meet for â—â— Apprentice In Witness whereof c. Note If it be a Boy that is to be bound Apprentice to Husbandry or any other Trade thâ—â— he may be bound till 24 years of Age as â—â— shew'd before in this Chapter CHAP. IV. Several Cases about Settlements and also touching Bastards c. TOuching settling of poor People the Justices are to meddle with none but those who are impotent and such as are like to be chargeable to the place where they are Boulst Rep. 1 part 347. By 13 14 Car. 2. cap. 12. It is Enacted â—hat upon complaint by the Churchwardens â—â—d Overseers of the Poor to any Justice of â—eace within forty days after any poor Person â—ometh to settle in a Tenement under 10 l. â—â—r annum two Justices of Peace whereof one â—o be of the Quorum may by Warrant remove â—â—ch Person to the Parish where they were last â—â—gally settled for forty days unless they give â—â—curity to be allowed by the said Justices for â—ischarge of the Parish Persons aggrieved may â—ppeal to the Quarter Sessions But Persons having a Certificate from the â—inister of the Parish and one Churchwarden â—nd one Overseer of the Poor declaring them â—â—habitants there may go into any Parish to â—ork and the not returning of such Persons â—hen their Work is finished or falling Sick â—hilst they are at Work shall not be accounted Settlement If any return to the Parish from â—hence they are removed a Justice of Peace â—ay send them to the House of Correction to â—e punished as Vagabonds or to a publick â—ork house to be imployed in Labour and if â—he Churchwardens and Overseers of any Paâ—â—sh to which any are removed refuse to reâ—eive them and provide them Work c. a â—ustice of Peace may bind over such Officers to â—he Assizes or Sessions Churchwardens and Overseers for the Poor â—here any Bastard-Child shall be born may 〈◊〉 so much of the Goods and Profits of the â—ands of the Putative Father and Lewd Mother â—â— two Justices of Peace shall order towards â—ischarge of the Parish to be confirmed at the â—essions who may make an Order for the Churchwardens c. to dispose of the Gooâ— by sale or otherwise as they shall think 〈◊〉 and receive the Profits of so much of theâ—â— Lands as shall be ordered by the Sessions The Poor in every Town-ship or Village â—â— Lancashire Cheshire Darbyshire Yorkshire Nâ—thumberland Bishoprick of Durham Cumberlaâ—â— and Westmoreland shall be provided for in tâ—â— Township and Village where they inhabit â—â— were last legally settled And two or more Overseers shall be chosen in every Township c. who shall execute all powers for the â—elief of the Poor under the Penalties mentioned in 43 Eliz. c. 2. This Act of 13 14 Car. 2. c. 12. was â—â— continue no longer than to the end of the firsâ— Session of the next Parliament but revived by 1 Jac. 2. c. 17. to continue for seven years and to the end of the first Session of the next Parliament And whereas poor Persons at their firâ—â— coming to a Parish do commonly conceal themselves the forty days intended by the said Act to make Settlement shall be accounted froâ— the time of their deliveries of notice in writing of their House of Abode and the number of their Family if they have any to one of the Churchwardens or Overseers of the Poor of the said Parish 1 Jac. 2. c. 17. No Man but a Vagraut Begger ought to bâ— sent out of any Parish to the place of his Birth or last Habitation for if any refuse to work in the Parish where he is settled or to work for the Wages assessed then he is by the Justices to be sent to the House of Correction Co. 2 part Inst fol. 730. 7 Jac. c. 4. Resol Judges 9. Dalt â— P. c. 73. f. 157. 39 El. c. 4. 1 Jac. c. 7. If a Scholar in the University or in a Gramâ—ar School begin to be suspect he may be or â— he doth become impotent and is like to â—e a Charge to the Parish where he is he must â—e sent to his Parents if he have any otherâ—ise to the place where he was last legally â—â—ttled before he came to School Res Judges 633. sect 32. If one be Born and live 20 years in A. and â—hen go to B. and there live in a House and pay â—is Rent and after he come to C. and there â—orks 20 Weeks as a Labourer in a Quarry of â—ones where he breaks his Back and becomes â—â—potent and there is
18 El. and it seems most reasonable to be so and yet the common opinion and practice is otherwise to wit to send the Child with the Mother to the House of Correction And this may also seem reasonable where the Child sucketh on the Mother Dalt J. P. c. 11. f. 41. If a Woman with Child be sent to the House of Correction and there be delivered the Child must be sent back to the Parish where the Woman came from there to be relieved Also if a Woman be travelling and have her Child with her and is apprehended and sent to the Goal and there hanged for Felony in this case the Child shall not be chargeable to the place where the Goal is but to the place where it was born if it can be known otherwise to the place where the Mother was apprehended and so was the opinion of Sir Nicholas Hiâ—â— 3 Car. 1. The two next Justices Quor unus in â—â— next to the Limits where the Parish Church â—â— may take order as well for the punishment oâ— the Mother and reputed Father of a Bastarâ— Child as also for the Relief of the Parish wheâ—â— it is born by charging the Mother and Fatheâ— with the payment of Mony weekly toward the keeping of it or otherwise And if the Mother or Father perform not the Justices order therein they are to suffer Imprisonmeâ—â— without Bail except he or she give Security â—â— perform or else to appear at the next Sessions and abide the order of the Justices there if any be made there and if none be made then â—â— stand to the first order Dalt J. P. c. 11. f. â— 18 El. c. 3. Note That this Order may be made by any two Justices of the County Quor unus as it â—â— held by some but most properly by the tâ—â— next Justices and the question must be aboâ—â— such a Bastard Child as is like to be a charge to the Parish and the Security must be giveâ— to the Parish where the Child is born to secure the Parish from the charge of the Child or to keep the Child it must be a Parish with in the County where the two Justices have power and the Order must be certain how long the reputed Father must keep the Child secure the Parish c. and it must be made against the Person that is suspected to have gotten the Bastard Child and not against anotheâ— Person to contribute towards it because it was gotten in his House c. and the Order musâ— express the Child by the Name of a Bastard Child and not the reputed Child of such an â—â—e and the Justices for the better discovery of â—he Matter may upon Oath examine the Moâ—her her self concerning the reputed Father â—he time c. Dalt J. P. c. 11. fol. 40. 18 Eliz. c. 3. 7 Jac. c. 4. See Steels Rep. fol. 154 245 246 247 388. and see Pridgeons Case Hill 9 Car. 1. B. R. and Slaters Case Pasch 13 Car. 1. B. R. Cro. Rep. 1 part CHAP. V. The Overseers Office in making of Rates and passing Accounts THE Churchwardens and Overseers of the Poor or the greater part of them for â—he doing and performing of the things they have in charge may raise weekly or otherwise by Taxation of every Parson Vicar and other Occupier of Land House or Tithes Cole-mines or saleable Underwoods within the Paâ—ish Town c. such a Sum as they shall â—hink fit and this Rate they must have allowed and confirmed under the Hands of two Justices Quor unus and then by Warrant from â—hem or any other two Justices Quor unus â—hey may levy by distress and sale of the Goods of the Party refusing to pay the said Tax rendring the overplus to the Owners and â—n default of Distress two such Justices may commit the Party to prison there to remain without Bail till he be discharged by him 43 El. ch 2. Dalt J. P. c. 73. f. 148. Wingates Stat. Tit Poor People Now these Rates ought to be well and trâ—lâ— made according to Mens visible Estates real â—â— personal within the place only and not so any Estate elsewhere at Lincoln Assises 9 Can. by Justice Hutton and Crook Note That a Parish in Reputation shall be â— Parish within this Law so that if A. be an â—â—cient Parish that hath Officers in it and theâ—â— be a Town within this Parish which for a loâ—â— time hath been used and reputed as a Parâ—â—â— and hath all Parochial Rights as Churchwardens c. here this place may be rated as â— Parish towards the Poor Huttons Rep. fol. 93. â— M. 3 Car. B. R. Hilton Pauls Case Cro. 3 pâ—â— Rep. This Tax must be set upon the Tenants and Occupiers of Lands and nor upon the Land lords Living within or without the Parish fâ—â— the Tenant only is chargeable for the Land Bâ—â—strods 1 part Rep. fol. 354. The Parson having a full tenth Part of the Profits of the Place may be rated to a tenth Part Resol Judges 1633. sect 33. He that doth occupy Lands in his own Hands lying in several Parishes he must be charged in every Parish for his Land lying therein only according to the proportion thereof and â—â— more but for his personal Estate it seems reasonable he should be charged for it in the place where his Person is All Lands Ancient Demesn Guildable and Copyhold are to be charged with these Rates which ought to be according to the value or by the pound and not according to the quantity Sed consuetudâ— tollit Legem The Rate for Stock or Goods is thought reasonable to be set after the proportion of Lands viz. an 100 pound in Stock to be rated after 5 or 6 pound a year in Land Note That in some special Cases a Man may be rated beyond his Ability as where one brings a Charge upon a Parish or under any pretence brings in a Man that may be chargeable in a Parish he may if there be cause for this be raised in his Rate to the full value of his Estate and so was the Opinion of Sir Nicholas Hide Dalt J. P. c. 73. f. 167. Where the Inhabitants of any Parish are not able to relieve their Poor any two Justices Quor unus may tax other Parishes and Places within the Hundred yea the whole Hundred if need require and where that is not sufficient the Justices in their Sessions may tax the County in part or wholly at their discretion 43 El. c. 2. Wingates Abr. Stat. Tit. Poor People 14 Car. 2. c. 12. If any Persons find themselves aggrieved in any Tax or other Act done by the Overseers or by the Justices of Peace they are to be relieved at the Quarter Sessions Dalt J. P. c. 73. f. 160. Wingates Abr. Stat. Tit. Poor People The Father Grandfather Mother Grandmother and Children of every poor Person shall be assessed towards their Relief as the Justices of the Peace in their Sessions of the Peace in the County where such
Father c. dwells shall limit and appoint on pain to forfeit 20 s. a month to the use of the Poor to be levied by distress and sale as aforesaid and for want of distress to be committed to Prison till the Forfeiture be paid 43 El. c. 2. Wingates Aâ—â— Stat. Tit. Poor People Dalt J. P. c. 73. f. 1â—6 Head Officers in Cities and Corporate Town and Aldermen of London have in their severâ—â— Precincts like Authority that Justices of Peace have in their Countles and no other Justices of Peace are to enter and intermeddle there Wingates Abr. Stat. Tit. Poor People 43 El. c. 2. If any Parish shall extend into two Countles or part thereof to lie in any City or Corporate Town where they have Justices Then the Justices of every County c. are to intermeddle only within their own Limits and every of them respectively within their Limits are in execute this Law concerning the nomination of Overseers binding of Apprentices grantâ—â—â— Warrants to levy Taxations taking Accounâ—â— of Overseers and committing such as refuse to account or to pay their Arrearages and yet the Overseers shall without dividing themselves execute their Office in all places within the said Parish but shall give up Accounts to the Justices or Head Officers of both Places Wingates Abr. Stat. Tit. Poor People 43. El. c. 2. Dalt J. P. c. 73. f. 156. These Officers within four days after the enâ— of their Year and that other Officers are nominated are to yield up a true Account to two Justices Quor unus of these things following 1. What Sums of Mony they have received or rated and not received 2. What stock of Ware or Stuff is in their Hands or it the Hands of any of the Poor 3. What Apprentices they have put out and bound according to the Statute 4. What Poor they have set to work or relieved 5. What Poor they have suffered to wander and beg out of their Town or in the Highways or in their Town without their directions 6. Whether they meet monthly to consider of the things belonging to their Office 7. Whether they made their Rates indifferent upon all Men according to their Ability 8. Whether they have endeavoured to gather and levy such Assessments 9. Whether they have neglected the Justices Warrants to them or any of them directed for the levying of any Forfeiture according to the Stat. 43 El. c. 2. Dalt J. P. c. 73. s 153. By the Statute of 30 Car. 2. for Burying in Woollen the Justices are not to allow the Accounts of the Overseers of the Poor until they have given them an Account of the Burials and Certificates and of their levying the Penalties in pursuance of that Act 30 Car. 2. c. 3. Now if the Churchwardens or Overseers or any of them shall refuse to make and yield a true and perfect Account to the said Justices of all such Mony and of all such Stock as aforesaid any two Justices Quor unus may commit them to the common Gaol there to remain without Bail till they have made a true Account and satisfied and paid to the new Overseers so much of the said Sum or Stock as upon the said Account shall be remaining in his or their Hands c. And if they make a false Account they may be bound over to the Assizes or Sessions and there an Indictment may be preferred against them Dalt J. P. c. 73. f. 154. Also if any of the Churchwardens or Overseers shall refuse or deny to pay or deliver over to the new Overseers the Arrearages Sums of Mony or Stock which shall be in their Hands and due and behind upon their Account to be made as aforesaid any two such Justices of Peace may make their Warrant to the present and subsequent Churchwardens and Overseers or any of them to levy the same by distress and sale of the Offenders Goods rendring to the Parties the overplus and in default of such distress any two Justices of the Peace may commit him or them to the common Goal there to remain without Ball until-payment or delivery of the said Sum Arrearages and Stock be made 42 El. c. 2. Dalt J. P. c. 73. f. 154. If any such Stock shall be in the Hands of any of the Poor to work and such Poor shall refuse to deliver the same two such Justices may make the like Warrant to levy the same by distress and for lack thereof may commit such Offenders to the Goal as aforesaid Dalt J. P. c. 73. ibid. And for these aforesaid and all other Negligencies of the Churchwardens and Overseers in the Execution of their Office about the Poor c. every of them for every Default he makes forfeits 20 s. which Default must be proved either by the Offenders own Confession or by Examination of Witnesses and it is to be levied by the new Churchwardens and Overseers or one of them by Warrant from two Justices as aforesaid by distress and sale of the Offenders Goods and for want of Distress two such Justices may commit Offenders to the Goal there to remain without Bail till the said Forfeitures shall be paid which said Forfeitures are to be imployed to the use of the Poor of the said Parish Dalt J. P. c. 73. f. 155. 43 El. c. 2. CHAP. VI. The Overseers Duty about Weights and Measures and Burying in Woollen THere shall be one Weight one Measure and one Yard according to the Standard of the Exchequer throughout all the Realm as well in places Priviledged as without and every Measure of Corn shall be striked without Heap And whosoever shall keep any other Weight Measure or Yard whereby any Corn Grain or other thing is bought or sold shall forfeit for every Offence five shillings being thereof convicted by the Oath of one sufficient Witness before any Justice of Peace or Head-Officer of the City Town or Place where the Offence is done to be levied by the Churchwardens or Overseers of the Poor of the Parish to the use of the Poor of the said Parish by Distress and Sale of the Offenders Goods and for want of Distress to be â—mprisoned without Bail until payment And all Persons upon Suit against him or them for any thing done upon this Act to plead the General Issue and give the Act in Evidence and to have treble Costs if unjustly vexed Dalt J. P. c. 112. f. 246. 17 Car. 2. 6. 19. No Corps shall be buried in any thing other than what is made of Sheeps Wool only or be put into any Coffin lined or faced with any thing made of any material but Sheeps Wool on pain of the Forfeiture of five pounds 30 Car. 2. c. 3. An Affidavit under the Hands and Seals of two Witnesses or under the Hand of the Magistrate or Officer before whom it was sworn for which nothing shall be paid must be brought to the Minister within eight days after the Party is interred that he was not buried contrary to this Act
thrown Ashes Filth or Annoyance before his House Building or Wall shall forfeit 5 s. If before any Church Church yard or publick Buildings or into any Sink or Way publick or private but shall keep it in their Houses and Yards until the Officers come to carry it away or else forfeit 20 s. Churchwardens House-keepers of White-hall or other the Kings Houses or of Noblemens Houses shall be subject to like Penalty so shall Ushers of Courts and Porters and Keepers of other publick Buildings Scavengers and Officers shall come every day except Sundays and Holidays and give notice that the Parties concerned may bring out their Dust c. or forfeit 40 s. for every neglect Every Housholder shall pave and keep repaired the Streets before their Houses and Ground unto the Channâ—l or else forfeit for every Rod 20 s. and 20 s. every Week until it shall be sufficiently repaired Where new Streets and Ways are made which the Justices of Peace in their General Quarter-Sessions shall think fiâ— and convenient to be paved with Stone or Gravel and shall order the same to be done before every dwelling House or Building in such Street or Way Every Person neglecting shall forfeit forty shillings for every such Offence for every Perch and after that rate for a greater or lesser quantity and the like Sum for every Week till the same be paved and amended Where Streets Lanes or Allies have been by Custom otherwise repaired it shall be done by such Persons as are by Custom to do it under the Penalties aforesaid Upon Monday or Tuesday in Easter Week The Constables Churchwardens Overseers and Surveyors giving notice and calling such Inhabitants that have served that Office shall chuse two Tradesmen to be Scavengers who being allowed under the Hand of any two Justices shall within seven days take the Office or pay 10 l. and within seven days after such refusal they shall in like manner chuse another who shall accept or pay 10 l. which Penalties to be levied by Distress and Sale and for want of Distress or Payment within six days after notice at his House to be sent to the Goal until payment Within twenty days after such Election the Constables c. shall call such Inhabitants as have born the like Office and make a Tax by a Pound Rate which being confirmed by two Justices shall be quarterly paid upon demand made by the Scavengers or other Officers appointed to gather the same and being refused shall by Warrant of two Justices be levied by Distress and Sale and for want of Distress by Imprisonment of the Offender until payment The Scavengers are to account for the Mony by them Collected to two Justices of the Peace within twenty eight days after new Scavengers are Elected and to pay what Mony remains in their Hands to the new Scavengers The Scavengers and Rakers for any of the said Parishes shall have liberty by the Order of the Justices in the Petty-Sessions or any two of them to lodge their Soil in such vacant places near the Streets or High-ways aâ— shall be thought convenient by the said Justices for the accommodation of the Country Carts returning empty from the said Parishes they giving satisfaction to the Owners of such vacant places and in case of unreasonable Demands the Justices in their Petty-Sessions may hear and moderate the same If any Persons find themselves aggrieved with the states made by virtue of this Act or any ways prejudiced by the determination of the Justices in their petty-Petty-Sessions they may have recourse to the Justices at their General Quarter-Sessions of the Peace And whereas there are many Common High-ways within the said Parishes which cannot be sufficiently repaired by means of the Laws now in force an Assessment may be made upon all the Inhabitants Owners and Occupiers of Lands and Houses or personal Estate usually ratable to the Poor within any of the said Parishes to be collected by such Persons as the Justices shall appoint at their General Quarter-Sessions the Mony so collected to be employed as the Justices shall direct towards repairing the said High-ways No such Rate shall exceed four pence in the Pound in any one year in the yearly value of Lands Houses or Tenements nor of eight pence for every twenty pounds in personal Estate No Person or Persons whatsoever shall suffer his Waggon Cart or Car to stand in the Hay-market near Pickadilly in the Parish of St. Martin in the Fields St. James within the Liberty of Westminster Borough of Southwark or any other place in the Parishes within the Weekly Bills of Mortality loaden with Hay or Straw to sell the same from Michaelmas to Lady-day after two of the Clock in the Afternoon and from Lady-day to Michaelmas after one in the Afternoon on pain to forfeit five shillings for every Offence and Neglect The Owners and Proprietors of any Cart Car or Dray the Wheels whereof shall not be made six Inches in the breadth or shall be shod with Iron or be drawn with above two Horses shall forfeit forty shillings for every time such Cart Car or Dray shall be used for the uses and to be levied as aforesaid This shall not extend to any Country Cart or Waggon that shall bring any Goods to the Cities or Places aforesaid or shall carry any Goods half a Mile beyond the paved Streets of the said Cities and Places One Justice of Peace upon View or Confession or Oath of one Witness may convict any of the Offences aforesaid if Conviction be upon proof one Moiety to the Overseers of the Poor for the Relief of the Poor of the Place where the Offence was committed the other Moiety to him that shall discover and prosecute the same But if the Conviction shall be by the View then one half to the Poor the other towards repairing and cleansing the Streets to be paid to the Scavengers of the Place to be levied by the Justices Warrant under Hand and Seal to the Constable by Distress and Sale or for want of Distress or Payment within six days after notice at the House to be sent to Goal without Bail 〈◊〉 payment No Person within the Cities of London and Westminster and Liberties of the same Borough of Southwark and Parishes aforesaid shall breed feed or keep any Swine in any Houses or Backsides of the paved Streets where the Houses are contiguous on pain to forfeit the same to the Churchwardens and Overseers of the Poor of the Parish where such Swine shall be kept to the use of the Poor The Churchwardens Chappel-wardens Overseers of the Poor Constables Beadles Head-boroughs or Tythingmen of any the Parishes in the said Cities and Places respectively in the day-time with a Warrant under the Hand and Seal of the Lord Mayor or any other of their Majesties Justices of the Peace may search for such Swine and if any be found they may seize and carry them away and sell them for the best price that can be had and