Chief Officer of the City Borough c. before whom the Offender â—s convicted by View Confession or Oath of â—one Witness shall give Warrant to the Constaâ—les or Churchwardens to seize the Goods â—â—ried or put to sale and to sell them and to â—evy the other Penalties by distress and sale of Goods and in case of inability c. to set the Offenders in the Stocks for two hours the Penalties to be to the Poor of the Parish where the Offence â—s committed saving that the Justice or Head Officer may reward Informers the Reward not exceeding a third part of the Penalties But Prosecution must be made upon this Act within â—en days after the Offence committed 29 Car. 2. c. 7. Dressing of Meat in Families Inns Cooksâ—hops c. and crying of Milk before nine in the Morning or after four in the Afternoon are not prohibited by this Act 29 Car. 2. c. 7. No Writ Process Warrant c. shall be served on the Lords day except for Treason Felony or Breach of the Peace but the Service shall be void and the Party serving it shall answer Damages as if done without Warrant 29 Car. 2. c. 7. CHAP. XXXIV The Constables Office about profane Swearing IF any Person or Persons shall profanely Câ—â—â— and Swear for every time so offending theâ— forfeit twelve pence the Offence to be proâ—â— within twenty days after it is committed 〈◊〉 the Oath of two Witnesses or by Confession the Party before any Justice of Peace or Hâ—â— Officer of any City or Town Corporate wâ—â— thereupon may issue out their Warrant to thâ— Constables and Churchwardens and Overseâ—â— of the Poor of that Parish where the said Offenâ—â— shall be committed and the said Constables oâ— are to levy the Sum and Sums of Mony by 〈◊〉 stress and sale of the Offenders Goods rendrâ—â— the overplus if any be to the Owner 21 Jâ—â— c. 20. 3 Car. 1. c. 4. Wingates Stat. Tit. Sweariâ—â— Dalt J.P. c. 55. f. 138. Note Where no Distress is to be had thâ— Offender if above twelve years of Age shâ—â— by Warrant as aforesaid be set in the Stocâ—â— three whole hours but if the Offender be â—â—der the Age of twelve years and shall not forth with pay the said Sum of twelve pence per Oath then he or she is to be whipped by the Constableâ— or by the Parent or Master in the Constable presence 21 Jac. c. 20. 3 Car. 1. c. 4. Dalt J.P. c. 55. fol. 138. CHAP. XXXV The Constables Office about Tobacco Planting ALL Sheriffs Justices of Peace Mayors Bailiffs Constables and every of them â—pon Information or Complaint made to them 〈◊〉 any of them by any of the Officers of the â—ustoms or by any other Person or Persons â—hatsoever that there is any Tobacco set sown â—anied or growing within their Jurisdictions 〈◊〉 Precincts except such as is growing in any â—hysick Garden of either University or in any â—â—her private Garden where the quantity of â—round planted exceeds not one half of one â—â—ble in any one Place or Garden they are withâ—â— ten days after such Information or Complaint 〈◊〉 cause to be burnt plucked up consumed or â—â—terly destroyed all such Tobacco so set sown â—anted or growing 12 Car. 2. c. 34. And if any Person or Persons shall resist or â—ake forceable opposition against any Person or â—ersons in the due execution of this Office as aâ—vesaid every Person or Persons for every such â—ffence shall forfeit the Sum of five pounds to 〈◊〉 recovered in any Court of Record and be so committed to the Common Goal of the â—ounty where the Offence was committed there 〈◊〉 remain without Bail or Mainprize until he â—â—e or they do enter into Recognizance to his â—ajesty his Heirs and Successors with two suffiâ—â—ent Sureties in ten pounds Penalty not to do 〈◊〉 commit the like Offence again 12 Car. 2. c. 34. â—â— Car. 2. c. 7. And now by the Stat. 22 23 Car. 2. It further provided That the Justice of Peace 〈◊〉 a month before every Quarter Sessions 〈◊〉 Warrants to High Constables Petty Constablâ— and Tythingmen to make search what Toâ—â—â—â— is then sown planted or made and by whoâ—â— and to make Presentment thereof in Wriâ— upon Oath at the next Quarter Sessions whâ—â— Presentment shall be a conviction in Law 〈◊〉 less the Party having ten days notice before 〈◊〉 Sessions traverse the same there and find Sâ—â—â—ties to prosecute his Traverse the next Quarâ—â—â— Sessions after such Traverse entred 22 〈◊〉 Car. 2. c. 26. Constables Tythingmen and other pubâ—â—â—â— Officers shall from time to time within fourtâ—â—â— days after Warrant from two or more Justiâ—â— of Peace calling to them such as they find câ—â—venient destroy all Tobacco planted or grâ—â—ing in any Ground If such Tobacco be 〈◊〉 consumed fourteen days after receipt of 〈◊〉 Warrant such Constables Tythingmen or otâ—â—â— Officers respectively shall forfeit five shilliâ—â— for every Rod so set or planted c. and pâ—â—portionably for a greater or less quantity 〈◊〉 moiety to the King the other to him that â—â—t sue for the same 22 23 Car. 2. c. 26. Persons refusing to assist the Constable â— being convicted before two Justices of Peacâ— shall forfeit five shillings to be levied by distrâ—â—â— and sale of Goods and for want thereof shall 〈◊〉 committed for a week And Persons forcâ—â—â—â— resisting any Constable c. being convicted aforesaid shall forfeit five pounds to be levied aforesaid and in default thereof shall be coâ—mitted for three months 22 23 Car. 2. c. 26. Physick Gardens and Gardens for Chirurgery â—xcepted as in the former Acts. Persons sued â—or acting in Pursuance of any of these three Acts of Parliament may plead the General Issue â—nd give the special Matter in Evidence This Act is to continue nine years and from thence â—o the end of the Session of Parliament then next â—nsuing 22 23 Car. 2. c. 26. Continued 1 Jac. 2. for seven years and from â—hence to the end of the next Session of Parliament CHAP. XXXVI The Constables Office about Weights and Measures ALL Cities Boroughs and Market Towns in England ought to keep common Weights and Measures sealed at which the Inhabitants may weigh freely and all Foreiners must pay for every Draught under forty pounds one Farthing for a Draught between forty and an hundred an Half-penny and for a Draught between an hundred and a thousand one Penny wherewith the Weights are to be maintained and the Officers which attend that Service are to be rewarded at the discretion of the Inhabitants 8 H 6. c. 5. Every City which wants such Weights and Measures forfeits 10 l. to the King every Borough 5 l. and every Market Town 40 s. and the chief Officers of such places upon request to them made are to Mark and Seal such Weights and Measures to any of the Kings Subjects taking for the marking of every Bushel one Penny and none ought to 〈◊〉 with any other Weights and Measures but sucâ— as
bound Apprentice to Husbandry or any other Trade theâ—â— he may be bound till 24 years of Age as 〈◊〉 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 that 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 〈◊〉 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 discharge 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 inhabitants 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 whilst 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—â—e punished as Vagabonds or to a publick Work house to be imployed in Labour and if â—â—e Churchwardens and Overseers of any Parish to which any are removed refuse to resolve them and provide them Work c. a â—ustice of Peace may bind over such Officers to â—â—e Assizes or Sessions Churchwardens and Overseers for the Poor â—here any Bastard-Child shall be born may â—ize so much of the Goods and Profits of the â—ands of the Putative Father and Lewd Mother 〈◊〉 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 〈◊〉 Lancashire Cheshire Darbyshire Yorkshire Nâ—thumberland Bishoprick of Durham Cumberland and Westmoreland shall be provided for in thâ— Township and Village where they inhabit 〈◊〉 were last legally settled And two or more overseers shall be chosen in every Township c. who shall execute all powers for the Belief of the Poor under the Penalties mentioned in 43 Eliz. c. 2. This Act of 13 14 Car. 2. c. 12. was 〈◊〉 continue no longer than to the end of the first Session of the next Parliament but revived by 1 Jac. 2. c. 17. to continue for seven years anâ— to the end of the first Session of the next Parliament And whereas poor Persons at their first coming to a Parish do commonly conceal themselves the forty days intended by the said Act to make Settlement shall be accounted from the time of their deliveries of notice in wriâ—ing of their House of Abode and the number of their Family if they have any to one of the Churchwardens or Overseers of the Pooâ— of the said Parish 1 Jac. 2. c. 17. No Man but a Vagrant Begger ought to be 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 Justiceâ— 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 Grammar School begin to be suspect he may be or 〈◊〉 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—â—en go to B. and there live in a House and pay â—is Rent and after he come to C. and there Works 20 Weeks as a Labourer in a Quarry of â—â—ones where he breaks his Back and becomes â—â—potent and there is taken vagrant and begâ—â—ng in this case he must be sent to A. the â—â—ace of his Birth and there must be provided â—or Res Judges 14 Car. 1. If a Man that hath a Wife and Children take 〈◊〉 House in one Parish for a Year and during â—is time he is illegally forced out of his Possession then he takes an House as Inmate in another Parish out of which he is put within two â—r three days and then not having any place 〈◊〉 be in he gets into a Barn in the third place â—nd there his Wife is delivered of another â—hild In this case they are all to be sent to the â—arish out of which they were first illegally â—â—rced Resol Judges 1633. sect 24. One Born in D. left that place for the space 〈◊〉 20 years then lived in S. took an House and â—â—id Rent and left that place also six or seven â—ears and then came to L. in another County â—nd there was twenty Weeks did Work and there became impotent and did wander at beg in the same place and was taken as a Vagrant and it was ordered he should be passed and settled at D. where he was Born by thâ— Judges at Worcester Assizes 14 Car. 1. Boulst Reâ— 1 part f. 375. No Child under the Age of seven years shaâ—â— be adjudged a Rogue within the Stat. 39 El. c. â— But it seems such Children vagrant and begginâ— must be sent and placed with the Father 〈◊〉 Husband of the Wife and if he be dead theâ— with the Mother where she was born or laâ—â— dwelt by the space of one year and such Children once thus settled or placed must theâ—â— remain and not be sent from thence to theâ—â— place of Birth though after their Parents die or run away or that the said Children groâ— above the Age of seven years yea though thâ—â— said Children after beg and prove vagrant iâ— the Town for there they must be set to laboâ—â— by the Overseers of the Poor Dalt J.P. c. â—â— f. 209. But Children above seven years of Age going about vagrant or begging in the Couâ—try shall be punished as Rogues and sent 〈◊〉 their place of Birth Dalt J. P. ch 83. f. 209. The Wife being a Vagrant Rogue must be sent to her Husband though he be but a Servant in another Town and where the Husband and Wife have an House though as an inmate and either of them Rogue about in this case they are to be sent to the place wherâ— the House is Dalt J. P. c. 83.
Essoign â—rotection or Wager of Law shall be allowâ—d And in case any Person or Persons shall resume to take upon him or them to impress â—ny Horses Oxen Cart Wain or Carriages for â—is Majesty's Service other than the Person so â—mpowered then he or they so offending â—â—all upon due Conviction of the said Offence â—â—cur and suffer the Punishment contained in â—â—e Act of 12 Car. 2. And it is further Enacted That the High â—onstable or Constables the Mayor Bailiff 〈◊〉 other Chief Officer who shall be required â—y this Act to warn the said Carts and Carâ—â—ages as in the said Act directed do make a â—eturn in Writing to the Clerk or other Ofâ—â—cer of the Carriages of the Names and Places 〈◊〉 Abode of every such Person who is so â—arned to bring in his Cart or Carriage to â—â—e intent it may be known in case of any â—â—llure who is in default and the said Conâ—â—ables and other Chief Officer or Officers apâ—ointed by this Act to warn in the said Carâ—â—ages as abovesaid may be discharged and â—â—demnified and the Defaulters punished as â—n this Act is provided 14 Car. 2. c. 20. For providing Carriages by Land and by Water for the use of his Majeâ—â—y's Navy and Ordnance Two or more Justices of the Peace by Warrant from the Lord High Admiral of England or two or more 〈◊〉 the principal Officers or Commissioners of thâ— Navy or the Master of his Majesty's Ordnance or the Lieutenant of his Ordnance are tâ— provide Carriages with Horses and Oxen oâ— of the Country not being above twelve Milâ— distant from the place of lading the Owneâ— of which Carriages or their Servants are 〈◊〉 receive twelve pence a Mile for every Load 〈◊〉 Timber and eight pence a Mile for every Tâ—â—â— of other Commodities And all such Persons 〈◊〉 neglect or refuse to make their appearance uâ—on Oath thereof made before the Justices bâ— the Constable or two Witnesses the Persoâ— refusing or neglecting forfeits twenty shillingâ— to be levied by Distress and Sale of his Goodâ— by Warrant from the said Justices Mayor 〈◊〉 other chief Officer or from the principal Oâ—ficers or Commissioners of his Majesty's Navâ— or Master or Lieutenant of his Majesty's Orâ—nance rendring to the Owner the overplus 〈◊〉 any be first deducting the Charge of Distraiâ—ing No Horses c. or Land-Carriage shall 〈◊〉 forced to travel more days-journy from the place where they receive their Lading nor bâ— compelled to continue longer in the Employment than the said Justices shall appoint anâ— that ready Mony be paid to the Parties in hanâ— at the place of Lading according to the Ratâ— aforesaid Stat. ibid. The said Act of 14 Car. c. 20. 13 c. 8. are 〈◊〉 continue until the end of the first Session of thâ— next Parliament and expired but revived bâ— 1 Jac. 2. for 7 years from June 21 1685. and 〈◊〉 continue to the end of the first Session of the next Parliament CHAP. VIII The Constables Office about Irish Cattel 〈◊〉 any great Cattel Sheep or Swine or any 〈◊〉 Beef Pork or Bacon except such as is the necessary Provision of the respective â—â—â—ps or Vessels in which the same be brought 〈◊〉 exposing the same or any part thereof 〈◊〉 sale shall by any wise whatsoever be â—â—â—â—ported or brought from Ireland or any â—â—â—er Part beyond the Seas into the Kingâ—â—â— of England Dominion of Wales or Town 〈◊〉 Berwick upon Tweed in such case the â—â—â—stable Tythingman Headborough Churchâ—â—â—dens or Overseers of the Poor or any of â—â—â—m within their respective Liberties Paâ—â—â—es or Places may take and seize the same 〈◊〉 keep the same during the space of â—â—â—nt and forty hours in some publick or â—â—â—venient place where such seizure shall be â—â—de within which time if the Owner or â—â—ners or any for him or them shall make â—ppear unto some Justice of Peace of the â—â—e County where the same shall be so seiâ—â—â— by the Oath of two credible Witnesses â—â—t the same were not imported from Ireland from any other Place beyond the Seas exâ—â—â—t the Isle of Man then the same upon 〈◊〉 Warrant of such Justice of Peace is to be â—â—â—ivered to the Owner or Owners without deâ—â—â— 18 Car. 2. c. 2. But in default of such Proof and Warrant â—n the same to be forfeited and one half â—â—reof to be disposed to the use of the Poor of the Parish where the same shall be so fouâ—â— and seized and the other part thereof to 〈◊〉 or their own use that shall so seize the samâ— 18 Car. 2. c. 2. Such Cattel as are imported from the Iâ—â—â— of Man before excepted into England are not to exceed the number of six hundreâ— in one Year and they are to be of no othâ—â— Breed than of the Breed of the Isle of Maâ— and all to be landed at the Port of Chester 〈◊〉 some of the Members thereof and not elsâ—where 18 Car. 2. c. 2. This Act was to continue for seven Yeaâ—â— and from thence to the end of the first Sesâ—â—on of the next Parliament And is now by tâ—â— Statute of 32 Car. 2. c. 2. revived and maâ—â— perpetual But these former Remedies not proving effectual for the prevention of the Transpoâ—â—ing of the Cattel aforesaid it is further prâ—vided That whensoever and as often as 〈◊〉 shall happen either through any fraudâ—lent Agreement or unfaithful Connivence 〈◊〉 any Constable Headborough Tythingmâ—â— Churchwarden or Overseer of the Poor 〈◊〉 that it shall happen any otherwise howsoevâ—â— that any great Cattel Sheep Swine Beâ—â—â— Pork or Bacon after the first Seizure 〈◊〉 them or any of them by Virtue of the aforâ—said Act shall be driven brought carriâ—â— into or found in any other Parish or Placâ— than where the same shall be first seized 〈◊〉 aforesaid That then and so often and froâ— time to time it shall and may be lawful 〈◊〉 and for the Constable Tythingman Headbâ—rough Churchwarden or Overseer of tâ—â— Poor of every or any such other Parish or Place where such great Cattel Sheep Swine Beef Pork or Bacon shall be brought driven or carried into or found as aforesaid to seize â—ake and dispose of the same and every or any of them as forfeited The one Moiety thereof to the use of the Poor of such other Parish or Place where such Seizure shall be made the other to the use of such Officer or Officers who shall seize the same as aforesaid any other or former Seizure or Seizures in any other Parish or Parishes Place or Places notwithstanding Stat. 20 Car. 2. c. 7. And now by the Statute of 32 Car. 2. c. 2. â—t is further provided That any Person may make such Seizures as well as the Constables or other Officers or Inhabitants And that to prevent fraudulent Seizures and Compositions the Seizors shall within six days after Conviction and Forfeiture cause the said Cattel Sheep and Swine to be killed and the â—ides and Tallow shall be to the Seizor and â—he Remainder to be
least â—xcept it be in June July and August and 〈◊〉 those Months it must have seventeen Days â—nd under such time it cannot be made wholesome 2. They ought to take out of every Quarter â—f Malt half a Peck or more of Dust by reading Rubbing and Fanning the same beâ—ore they put the same to fale or else they â—orfeit 20 Pence for every Quarter otherwise â—old to be divided between the King and the â—â—former 3. If any Malt shall be put to sale not well â—ade according to the limited time or made 〈◊〉 Mow-burnt or Spired Barley or mixed â—ood and bad together they forfeit two shilâ—â—ngs for every Quarter to be divided as aforeâ—â—id This Act extends not to such as make Malt for their own Provision only and the Forfeitures aforesaid must be prosecuted within one 〈◊〉 ear CHAP. XXII â—â—e Constables Office about disturbing of Ministers IF any Person purposely without Authority disturb a Preacher lawfully licensed in â—reaching Praying or Administration of the â—acraments either by Talking Laughing Humâ—ing or the like any Constable or Church-warden of the Place ought presently to apprehend the Party and carry him before a Justly of the Peace of the same County who mâ—â— commit him to safe custody and within fâ—â— days after with another Justice of the Peace they may examine the Matter and if theâ— find it true by two Witnesses they must commit him to the common Goal there to â—â—main for three Months and from thence 〈◊〉 the next Quarter Sessions at which upâ—â— the Parties Reconciliation and entring â—oâ— Security for one whole Year he may be râ—leased at the discretion of the Justices but if he continue still in his obstinacy he mâ—â— continue in Prison without Bail till he be pâ—nitent 1 Mar. Sess 3. c. 3. Wingates Stat. Tâ— Sacraments Dalt J. P. c. 41. f. 103. He that Rescues an Offender in this kiâ—â—â— shall suffer like Imprisonment and forfeit fiâ—â— pounds and the Inhabitants that suffer such 〈◊〉 Offender to escape being presented before 〈◊〉 Justices at their Sessions of the County or Coâ—poration where the Offence was made do aâ—â— forfeit five pounds Idem CHAP. XXIII The Constables Office about Moss-Troopers THE Constables and other Officers withiâ— the Counties of Northumberland and Câ—â—berland upon Warrant from the Justices of thâ— Peace are to levy by Distress and Sale of thâ— Parties Goods rendring the overplus to thâ— Owners all such Sums as shall be charged upon any Person within their several Constable â—â—â—â—es by the Justices at their Sessions for the â—â—feguard of the Counties against the Injury â—â—heft and Rapine of Moss-Troopers And the â—ustices also may examine any Complaint aâ—â—inst the Constables or other Officers that shall â—eglect or refuse or fail to give obedience to the Act or do any thing in disturbance thereof and bind over such Person to the Quarter Sessions to be proceeded against according to Justice 〈◊〉 3 14 Car. 2. c. 22. This Act was by the Stat. 29 30 Car. 2. c. 2. â—evived and to continue for 7 years and to the and of the first Session of the next Parliament And by 1 Jac. continued for 11 years and from thence to the end of the first Session of the next Parliament CHAP. XXIV The Constables Office about the Peace THE Constable ought to do what he can to keep the Peace but he cannot take Surely of the Peace at the request of any Man H. 7. fol. 18. A. Cromp. 6.12 The Constable or other Officer before he Arrest the Party upon a Warrant for the Peace â—ought first to acquaint the Party therewith and charge him in the Kings Name to go along with him to the Justice to put in Sureties according to the Warrant and if the Party refuse so to do then the Officer ought forthwith to take and convey him to the Goal without carrying him to any Justice at all there to remain till he doth find Sureties and then at the next Sessions of the Peace 〈◊〉 Officer ought to deliver in his Warrant aâ— certifie what he hath done therein Dalt c. 3. If the Party yield to go and find Suretiâ—â— then the Officer may not absolutely Arrest hiâ— yet he is not bound to go up and down wâ—â—â— him till he can get Sureties but he may keâ—â— him till he can get Sureties to come unto hiâ— and if the Party make resistance or offer 〈◊〉 go away afterwards the Officer may caâ—â—â— him to the Goal or set him in the Stocks 〈◊〉 he can get aid to carry him to the Goal Dâ—â— 69. f. 166. If an Officer having a Warrant from a Justâ—â—â— of Peace against a Man to find Sureties 〈◊〉 the Peace and do afterwards receive a Sâ—pâ—sedeas out of the Chancery or Kings Bench 〈◊〉 from another Justice of Peace of the saâ—â— County to discharge the same Surety of tâ—â— Peace and yet nevertheless the Officer wâ—â— cause the Party to find Sureties by virtute 〈◊〉 the Warrant the Party may refuse to give iâ— and if he be arrested or imprisoned for suâ—â— refusal he may have his Action of False Impâ—â—sonment against such Officer for the Sâ—pâ—sedeas is a Discharge of the former Warranâ— Dalt J.P. c. 69. f. 168. If a Constable be informed that a Man aâ— Woman be in a Adultery or Fornication together or that a Man and Woman of Evil Report are gone to a suspected House together in the Night the Constable may take Compaâ—â— with him and if he find them so he may carry them before a Justice of the Peace to finâ— Sureties for their Good Behaviour 13 H. 7. 10 Dalt J.P. c. 75. f. 189. If any shall abuse a Constable in the execuâ—â—on of his Office the Constable may have him â—ound to the Good Behaviour for it Fitz. â—ar 207. Cromp. 135. Any injurious Force or Violence used against â—he Person of another his Goods Lands or â—ther Possessions whether it be by threatning Words or furious Gestures or force of the â—ody or any other Force used in terrorem 〈◊〉 said to be a Breach of the Peace Dalt c. 3. â—ol 9. CHAP. XXV The Constables Office about Physicians THE Constables and other Officers in London and within seven Miles round are to be â—iding and assisting to the President of the Colledge of Physicians and all Persons authorized by the said Colledge for the due execution of the Laws and Statutes belonging to the said Colledge upon Pain of running into contempt to the King 1 Mar. Par. 1. Sess 2. c. 9. Wingates Stat. Tit. Physicians CHAP. XXVI The Constables Office about the Plague IF any Person infected or being or dwelling in an House infected with the Plague shâ—ll be by the Constable commanded to keep his House and notwithstanding shall wilfully go abroad and converse in Company having 〈◊〉 infectious Sore on him it is Felony and such Person shall not have such Sore about hâ—â— yet for his Offence he shall be punished as a â—â—gabond by the appointment of any one Jusâ—â—â—â— of the
to such Place where the seizure shall 〈◊〉 made 13 Car. 2. c. 11. All Officers belonging to the Admiralty Caâ—tains and Commanders of Ships Forts Castlâ— and Block-houses and all Justices of Peace Maâ—ors Sheriffs Constables and Headboroughs anâ— other the King's Majesties Officers and Subject whatsoever whom it may concern are to bâ—aâ—ding and assisting to all and every Person aâ—â— Persons which are or shall be appointed by hâ—â— Majesty to manage his Custom and if the Officers of the Customs or any acting in aid of them shall be sued indicted prosecuted or molested such Persons their Heirs Executors and Administrators may plead the General Issue and give the several Acts relating to the Customs or any of them in Evidence in any of his Majesty's Courts of Justice 14 Car. 2. c. 11. The Stat. of 12 Car. 2. c. 19. about Customs was â—o continue but to the end of the first Session of â—he next Parliament and is now expired CHAP. XII The Constables Office about Setting-Dogs c. THE Constable Tythingman or Headborough of any place upon a Warrant â—nder the Hands and Seals of two or more Juâ—â—ices of the Peace hath power to search the â—ouses of any Persons suspected to keep Setâ—ing-Dogs or Nets for the taking of Pheasants â—â—r Partridges and the Dogs and Nets there â—ound to take carry away detain kill destroy â—nd cut in pieces 7 Jac. c. 11. Dalt J. P. c. 37. â—ol 90. But they cannot search the Houses of any who have Free Warren or any Lord of any Mannor or such as have 40 l. per ann or more â—n Free-hold or some Estate of Inheritance â—or 80 l. per ann for Life or be worth in Personal Estate 400 l. These may keep Nets and Dogs to take Pheasants or Partridges in their own Ground Stat. idem Dalt ibid. CHAP. XIII The Constables Office about Escapes and Arrests IF a Constable or any other Officer which hath a Prisoner in custody for Felony or Suspicion thereof voluntarily letteth or suffereth the Prisoner to go where he will at liberty though this be breaking of Prison yet it 〈◊〉 Felony in the Goaler Constable or him thâ— letteth such Prisoner escape but it is no Felonâ— in the Prisoner but if such a Prisoner she escape by the Negligence of his Keeper anâ— against his Will and Knowledge then it is Felony in the Prisoner because a Breach of Prâ—son and the Goaler or Constable c. shall bâ— Fined by the Judges or Justices for such Escape Dalt J.P. c. 106. fol. 272. Bro. Coron 112 22â— 316 454. Bro. Escape 31 Stamford fol. 32. If a Constable or other Officer shall voluntarily suffer a Thief being in his Custody tâ— go into the Water and drown himself thâ— Escape is Felony in the Constable and the Thieâ— is Felo de se but if the Thief shall suddenly without the assent of the Constable kill hang or drown himself this is then but a negligeâ—â— Escape in the Constable and Fineable as aforesaid Dalt J. P. c. 106. fol. 272. The voluntary letting a Felon escape before he be arrested for the Felony is no Felony iâ— the Party that suffereth him to escape but 〈◊〉 the Constable suffer one to escape whom he knows hath committed a Felony he is finable iâ— it do not make him accessary Dalt ibid. Where a Felony is committed and one is Arrested for the same or Suspicion thereof though the Constable c. shall after have certain intelligence and knowledge that the Party arrested is not Guilty of the Offence yet they may not set the Party at liberty for he must not be delivered but by due course of Law Cromp. 40 44. Dalt J.P. c. 106. f. 275. If a Constable convey a Felon to the Goal and the Goaler will not receive him then the Constable must bring him back to the Town where he was taken and that Town shall be charged with the keeping of him until the next Goal-delivery and in such case the Goaler shall be punished by the Justices Dalt J. P. c. 118. fol. 340. The Constable or other Officer that shall Imprison any Felon in the Stocks may lock the Stocks and if need be may also put Irons on the Prisoner and when he conveyeth him to the Goal or to the Justice he may Pinion him or otherwise make him sure so that he cannot escape ibid. CHAP. XIV The Constables Office about Excise THose Officers under the Commissioners of Excise called Gagers are to have the Constable along with them when they enter by night into the Houses of any Brewer Inn-keeper Victualler c. to gage their Coppers Fat 's or Vessels or to take an Account of their Beer Ale Worts Perry Syder Strong-waters Metheglin Mead Coffee Chocolate Sherbet or Tea brewed made or distilled in the said Houses 12 Car. 2. c. 23 24. Such Persons as shall be convicted before the Justices of Peace or Commissioners of Excise of any Offence and Forfeiture within the Acts for Excise the Constables upon Warrant to them directed from the Justices of Peace are to levy the Penalties upon the Goods of the Offenders by distress and sale thereof rendring the overplus to the Owners and for want of Distress they are to carry the Party to the Goal there to remain till satisfaction be made 12 Car. 2. c. 23 24. The Constables are also upon Warrant to them directed to summon all Alehouse-keepers c. to appear before the Commissioners of Excise at such days and places as shall be appointed in the said Warrant from time to time CHAP. XV. The Constables Office about Fish THE Constables and Churchwardens by Warrant from any one or more Justices of the Peace where any Offence is committed in destroying the Spawn and Breed of Fish along the Sea-shore or in any Haven or Creek or within five Miles of the Mouth of any Haven or Creek by Fishing with Nets of less Mesh than three Inches and an half between knot and knot are to levy the penalty by distress and sale of the Offenders Goods rendring the overplus to the Owners the penalty is ten shillings and forfeiture of their Nets 3 Jac. c. 12. Wingatts Abr. Stat. Tit. Fishers and Fishing The Justices of Peace of the Counties of Worcester Salop and Gloucester upon their own knowledge or upon information that any Person hath made use of any Net Engine or Device in the River of Severn whereby any Salmon Trout oâ— Barbel under the length appointed by the Stat. of 1 Eliz. shall be taken or killed or hath fished with any Net for Salmon Salmon-mart Salmon-pâ—al Pike Carpe Trout Barbel Chub or Grayling the Mesh whereof is under two Inches and a half square from knot to knot allowing to each Mesh four knots or above twenty yards in length and two yards in breadth or above fifty yards in length and six yards in breadth in the wing of the Net in the said River from Ripplelochelake to Gloucester Bridge or above sixty yards in length below Gloucester
is a Rout. And if they do act any such thing indeed then it is a Riot CHAP. XXXII The Constables Office about Rogues and Vagabonds THE Constable Tythingman or Headborough assisted by the Minister and one other of the Parish is to see or do it himself Rogues and Vagabonds which shall be taken begging stripped naked from the Middle upwards and openly whipped till their Body be bloody and then forthwith to be sent away from Parish to Parish or Tything to Tything the next streight way to the place of their Birth and if that cannot be known then to the plaâ—e where they last dwelt by the space of one whole year before such punishment and if that cannot be known then to the Town through which they last passed unpunished and when they come there if it cannot be discovered where they were born or last dwelt as aforesaid then are they by that Constable to be conveyed to the House of Correction or common Goal of that County to be imployed in Work or placed in some Service and so to continue by the space of one year or in case they be not able in Body that Town is to keep them till they may be placed in some Almshouse within the same County 39 Eliz. c. 4. Wingates Stat. Tit. Vagabonds Resolu Judges sect 717. Bolst 2 part Rep. fol. 258. After such punishment the Vagabond is to have a Testimonial under the Hand and Seal of the Constable Tythingman c. and the Minister of the place testifying the day and the place of his punishment the place to which he is to be â—onveyed and the time limited for his passage â—hither which time if by his own default he â—xceeds he shall incur the like punishment â—rom time to time till he arrive at the place â—â—mited The substance of the Testimonial is â—o be entred by the Minister in a Register Book which he is to keep for that purpose on pain of 5 s. Dalt f. 129. The Form of a Testimonial for conveying a Rogue or Vagabond W. W. a sturdy vagrant Beggar aged about forty years tall of stature red haired and long lean visaged and squint-eyed was this 24th day of A. in the 22th year of the Reign of Our Gracious Sovereign Lord King Charles the Second c. openly whipped at T. in the County of G. according to the Law for a wandering Rogue and is assigned to pass forthwith from Parish to Parish by the Officers thereof the next streight way to W. in the County of B. where he confesseth he was Born and he is limited to be at W. aforesaid within twelve days now next ensuing at his peril Given under the Hands and Seals of C.W. Minister of T. aforesaid and of J.G. Constable there the day and year aforesaid A Justice of Peace alone may under his Hand and Seal make such Testimonial Lambert 206. If any Constable Tythingman or Headborough be found negligent in the due execution of the Act of the 39th of Eliz. aforesaid he forfeits ten shillings for every Default And such Persons as shall hinder the Execution of tâ—â— Law upon Rogues forfeit five pounds and 〈◊〉 to be bound to the Good Behaviour And iâ— Constable refuse to receive a Rogue and to coâ—vey him or her to the next Constable or if 〈◊〉 do receive him and not convey him to the neâ—â— Constable he forfeits five pounds and may 〈◊〉 bound to the Good Behaviour 39 Eliz. c. Dalâ—on c. 47. fol. 128. Resolu Judges sect 1â— 14. Every Person shall apprehend or cause 〈◊〉 be apprehended such Rogues as he shall 〈◊〉 or know to resort to his House to beg or râ—ceive any Alms and him or them shall carâ—â— or cause to be carried to the next Constable 〈◊〉 else shall forfeit for every such Default 〈◊〉 shilling and the Constable is to whip and coâ—vey such Rogues as before is directed on pâ—â—â— of twenty shillings 1 Jac. c. 7. Dalt c. 47. fâ—â— 128. Resolu Judges sect 13 14. Two Justices of Peace one of the Quoâ—â—â— by Warrant under their Hands and Seals mâ—â— cause to be levied by Distress and Sale of thâ— Offenders Goods all the Fines and Forfeiture aforesaid after Conviction of the Party which must be either by Confession of the Party 〈◊〉 Proof of two Witnesses before the said Justices 39 Eliz. c. 4. Dalt c. 47. fol. 149. 1 Jâ—â— c. 7. Constables or Tythingmen neglecting tâ—â— search for Rogues upon the Justices Warrant or to appear at their Meeting to give an account what Rogues have been punished or sent to the House of Correction or if they neglect to convey such to the House of Correction as by Warrant are to be sent thither they are liable to such Fine as the Justices please not exceeding forty shillings 7 Jac. c. 4. Any Justice of the Peace may reward any Person or Persons who shall apprehend and bring before him any Rogue Vagabond or sturdy Beggar by granting to such Person a Warrant under his Hand and Seal to the Constable or Tythingman of the place through which the Rogue did pass unapprehended ordering the said Constable c. to give such Person two shillings for every Rogue so taken And if the Constable c. refuse to pay it the Justice of the Peace may proceed against such Officers according to the Stat. 1 Jac. 7. and compel him to pay his Forfeiture by the said Statute and to allow the said two shillings out of the said Forfeiture to such Person with such further Allowance for loss of time as the Justice shall think fit 1 Jac. 7. 14 Car. 2. c. 12. If any Person shall apprehend any Rogue at the Confines of any County which passed through any Parish of another County unapprehended then the Person so apprehending such Rogue must carry him to some Justice of Peace of the County through which he passed unapprehended who upon a Certificate under the Hand of some Justice of Peace of the County where such Rogue was apprehended is to grant his Warrant to the Constable c. to pay two shillings as aforesaid which if he refuse or neglect then the Justice is to proceed against the Constable c. and cause him to pay ten shillings to the Party or so much thereof for loss of time as the Justice shall think fit 14 Car. 2. c. 12. And also That whereas Constables Tythingmen c. are at great Charges in Relieving carrying with Passes and conveyinâ— Rogues c. all Constables Tythingmen c. so out of Purse with the Churchwardens as Overseers of the Poor and other Inhabitanâ—â— of the Parish may make a Rate and tax 〈◊〉 the Inhabitants of the Parish which aâ—â— chargeable by the 43 of Eliz. which Rate moâ—â— be confirmed under the Hands and Seals oâ— two Justices of the Peace And if any Persoâ— refuse to pay his Rate then the Constable 〈◊〉 Warrant from two Justices of Peace may Jeâ—â— the same upon the Goods of the Party refusing rendring them the Overplus if
of Lead Tile Slates 〈◊〉 Shingles the Floor with Stone or Paving-Tile the Doors with Locks Keys Ridges Hooâ—â— and Nails the Furniture of the Steeple wâ—â—â— Stairs Floors Bells Wheels and â—opes the Pulpit and the Pews and Seats not made by private Men. These following are to be rated on the inhabitants of the Parish and not upon Out-dwâ—llers viz. The Communion Table and Coverings thereof the Communion Cups the Bread and Whâ—â—â— for the Communicants the Bible and othâ—â— Books appointed to be in Churches the Waâ—â—ing of the Communion Clothes Candles 〈◊〉 Lecture Days the Surplice Pulpit-Cloth aâ—â— Cushion the Clerk and Sextons Wages aâ—â— Expences of the Churchwardens and Sidesmen about the Parish Business By the Statute of 22 23 Car. 2. cap. 17. â—â—tituled An Act for the better Paving and Cleâ—â—sing the Streets and Sewers in and about the City of London it is Enacted amongst otheâ— things That where any Church or Church-yard shall be fronting or adjoyning to any of the Streets Lanes or Passages before mentioned in the said Act the Persons thereby auâ—horized and appointed shall rate and assess a â—easonable proportion thereof upon the Parish â—hereunto belonging the same to be paid by â—he Churchwardens of every such Parish for the â—ime being who are by the said Act required â—o pay the same accordingly in the behalf of the same Parish CHAP. VI. Some Cases wherein the Churchwardens are equally concerned with the Constables and Overseers of the Poor THE Churchwardens are to joyn with the Constables in making of Rates for the Relief of the poor maimed Soldiers and Mariners and for conveying Prisoners to the Goal and to execute Warrants for the same The Churchwardens are to joyn with the Constables in chusing of Surveyors for the High Ways and in the setting down of Days for the Work and in the oversight of the High Constables Account for the Mony they do receive upon any Forfeitures about the High Ways And they may with the aid of two Justices one of the Quorum force High Constables to account for and pay in what Mony they have received forfeited for default of High Ways and to execute the Justices Warrants for the Penalties and Forfeitures about cleansing the Streets and repairing the High Ways 14 Car. 2. c. 2. The Churchwardens and Overseers of the Poor are to execute the Justices Warrant for levying the Penalties of five pounds upon the Parties Goods that is not buried in Woollen which Penalty is to be imployed to the use of the Poor 18 Car. 2. c. 4. The Churchwardens in London Westminster and Borough of Southwark c. upon every Monday or Tuesday in Easter Week together with the Constable Overseers of the Poor and Surveyors of High Ways in every Parish respectively or the greater number of them giving notice or calling together such other Inhabitants of their Parishes as have formerly born the like Offices they or the greater number of them are to make choice of and shall nominate and appoint two or more able Persons that are Tradesmen of their Parish to be Scavengers for the Streets Lanes and other open Passages of each Ward or Division within the said Parish for the Year next following and until others be chosen and settled in their places 2 W. M. CHAP. VII The Churchwardens Office about passing Accounts together with the Heads of most of the things which they are to present in the Visitation Court THE Churchwardens at the end of their Year or within one Month after at the most are before the Minister and Parishioners to give up a just Account of their Receipts and Disbursements and at their going out of their Office they are to deliver up to the Parishioners what Mony or other things of right belonging unto the Church which they have remaining in their Hands that it may be delivered over by them unto the next Churchwardens by Bill indented Canon 89. If the Churchwardens refuse to do this they may be presented at the next Visitation Court for it or the succeeding Churchwardens may bring their Action of Account against them at the Common Law and compel them to it and in this Account they shall be allowed their needful Disbursements and Expences about the Parish Business The Churchwardens Questmen or Sides-men shall not be bound to exhibit their Presentments above once a Year where it hath been no oftner used nor above twice a Year in any Diocess whatsoever except it be at the Bishops Visitation for the which Presentments of every Parish Church or Chapel the Register of the Court where they are to be exhibited shall not receive above 4 d. in one Year under pain of Suspension from the execution of his Office the space of one Moâ—â—â— for every Offence toties quoties But the Churchâ—wardens may voluntarily present oftner if theâ— please Canon 116. No Churchwardens Questmen or Sidesmâ—â— shall be called or cited but only at the time 〈◊〉 times before limited to appear before 〈◊〉 Ecclesiastical Judge whatsoever for refusing 〈◊〉 other times to present any Faults committeâ— in their Parishes and punishable by Ecclesiastical Laws Neither shall they or any of theâ— after their Presentments exhibited at any 〈◊〉 those times be any further troubled for 〈◊〉 same except it evidently appear that they 〈◊〉 willingly and wittingly omit to present soâ—â— publick Crime or Crimes as they knew 〈◊〉 have been committed or could nor be â—gâ—â—rant that there was then a publick Fame 〈◊〉 them or unless there be very just cause 〈◊〉 call them to explain their former Presentmentâ—â— And in case of wilful omission their Ordinarie shall proceed against them in such sort as 〈◊〉 Cases of wilful Perjury in a Court Ecclesiastical it is already by Law provided Caâ—â— 117. One of the two times of Presentments is â—â—ways to be about a Week or Fortnight after Easter at which time also the old Churchwardens are to leave their Office and new oneâ— are to come in but the new ones are not 〈◊〉 be sworn till the old ones have given in the Presentments and every Parson or Vicar 〈◊〉 their Curats in their absence are to joyn 〈◊〉 the Presentment with the Churchwardens â—â— and if the Churchwardens refuse to present then every such Parson and Vicar or in their absence their Curats may themselves present to their Ordinaries at all such times and when else they shall think fit Canon 113 118. The Sum of the Articles usually given to the Churchwardens to make their Presentments upon are these viz. I. WHether their Church and Chancel Bells and Ropes be in good repair and the Ten Commandments Lords Prayer and Creed drawn out in fair Letters the Kings Arms set up Assessments made for the Repair of the Church and Who refuses to pay If they have a Font Communion Table Carpet Table-Cloth Flagons with Cups and Cover for Bread and Wine a Reading Desk a Pulpit with a Cushion and Covering for it a fit Common Prayer Book of the largest Volume the Bible
Bastard Child and not the reputed Child of such an one and the Justices for the better discovery of the Matter may upon Oath examine the Mother her self concerning the reputed Father the 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 the 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 Parish Town c. such a Sum as they shall think fit and this Rate they must have allowed and confirmed under the Hands of two Justices Quor unus and then by Warrant from them or any other two Justices Quor unus they 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 in 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. Tâ—â— Poor People Now these Rates ought to be well and trâ—â— made according to Mens visible Estates real iâ— personal within the place only and not 〈◊〉 any Estate elsewhere at Lincoln Assises 9 Caâ—â— by Justice Hutton and Crook Note That a Parish in Reputation shall be Parish within this Law so that if A. be ancient Parish that hath Officers in it and theâ—â— be a Town within this Parish which for a long time hath been used and reputed as a Parish and hath all Parochial Rights as Churchwardens c. here this place may be rated as tâ— Parish towards the Poor Huttons Rep. fol. 93. 〈◊〉 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 not upon the Laâ—â—lords Living within or without the Parish 〈◊〉 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 〈◊〉 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-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 〈◊〉 Stat. Tit. Poor People Dalt J.P. c. 73. f. 1â—â— Head Officers in Cities and Corporate Towns and Aldermen of London have in their severaâ— Precincts like Authority that Justices of Peace have in their Counties and no other Justiceâ— 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 Counties 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 to execute this Law concerning the nomination of Overseers binding of Apprentices granting Warrants to levy Taxations taking Account of Overseers and committing such as refuse 〈◊〉 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 end 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 is 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. f. 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 Bail 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 Imprisoned 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. c. 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 which shall be taken before some Justice of Peace Master of Chancery Ordinary or Extraordinary Mayor Bailiff or other chief Officer of the City County Borough c. where the Party was buried And if no such Affidavit be brought the Minister shall give notice thereof under his Hand to the Churchwardens or Overseers of the Poor who within eight days after shall repair to the Chief Magistrate in any Town c. if buried there else to a Justice of Peace who upon Certificate thereof from the Minister c. shall grant a Warrant for levying the Forfeiture by distress and sale of the Goods of the Party deceased or in default thereof of the Persons Goods in whose House the Party died or the Goods of any that had a Hand in putting such Party into any Shroud Coffin c. contrary to this Act or that ordered the same And if such Person were a Servant and died in the Masters Family the Masters Goods to be liable And if such Person died in his Parents Family the Parents Goods to be liable One Moiety of which Forfeiture shall be to the Poor of the Parish where the Party is buried the other to him that shall sue for the same 30 Car. 2. c. 3. Ministers Churchwardens and Overseers Justices of Peace or Chief Magistrates neglecting their Duty aforesaid shall forfeit five pounds for every Offence to be recovered by Action of Debt Bill Plaint c. wherein the Prosecutor shall recover his full Costs so as the Suit be commenced within six months after the Offence committed one fourth part of the Forfeitures to the King two fourth parts to the Poor of the Parish where the Offender dwells and one fourth part to the Informer 30 Car. 2. c. 3. Every Minister shall keep a Register of all Burials and Affidavits And where no Affidavit is brought as aforesaid shall enter a Memorial thereof against the Name of the Party interred and of the time when he notified the same to the Churchwardens or Overseers of the Poor And the Overseers when they give up their Accounts at the Sessions or to any two Justices at their monthly Meetings shall give an account of the Name and Quality of every Person interred since their former Account and of such Certificates and of their levying the Penalties and of their disposal thereof on pain of five pounds to be levied by distress and sale of Goods by Warrant from the said Justices or two of them and their Accounts shall not be allowed till they have accounted for their Burials 30 Car. 2. c. 3. No Penalty shall be incurred where the
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 Cartâ— 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 Rates 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 uâ—â—â—â— 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 Headboroughs 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 distribute the Mony to the Poor of the Parish where they were seized CHAP. VI. Several Cases about the Repairs of Bridges with the Names of the Statutes which concern particular Bridges WHere a Common Bridge in the Kings High-way is in decay and that it cannot be proved or known who nor what Lands are chargeable to the repairing thereof in this case four Justices of the Peace whereof one to be of the Quorum within the Shire or Riding wherein such decayed Bridges be and if they be in a City or Town Corporate then fort such Justices of Peace there may within the Limits of their several Commissions call before them the Constables or two of the most honest Inhabitants of every Town and Parish within the Shire Riding City or Town Corporate wherein such Bridge or any parcel thereof shall happen to be and the Justices upon the appearance of the Constables or other Inhabitants and with their Assents may Tax every Inhabitant in any such City Town or Parish within their Limits to such reasonable Sum of Mony as by their Discretions they shall think convenient as well for the repairing of such Bridge and also for the making and repairing of the High-ways by the space of 300 Foot next adjoyning to the Ends of any such Bridges 22 H. 8. c. 5. Dalt J.P. c. 16. f. 44. Co. 2 part Inst f. 701 702. But Note Where the Franchise City or Borough is a County of it self and hath not four or more Justices of the Peace whereof one or more are of the Quorum in this case no other Justices of the Peace of any Shire or County have any power to meddle there by this Act but such decay must be reformed by the Common Law by such Remedy as they were before the making of the Statute of 22 H. 8. Co. 2 part Inst f. 702. And note That this Taxation ought not to be made by the Justices without the Consent of the Constables or Inhabitants nor by them without the Justices and this Tax ought to be upon every Inhabitant in particular and not to be set upon the Hundred Parish Town c. for then one or two might be distrained upon for the whole Co. 2 part Inst f. 704. After such Taxation made as aforesaid the said Justices of Peace shall cause the Names and Sums of every particular Person so by them taxed to be written in a Roll indented in Parchment for every Hundred and sealed with their Seals Co. 2 part Inst fol. 704. Dalt J.P. c. 16. ibid. And the said Justices may make two Collectors of every Hundred for the Collecting of all such Sums of Mony by the said Justices set