into the Kingdom of England Dominion of Wales of Town of Barwick upon Tweed in such case the Constable Tythingman Headburrough Churchwardens or Overseers of the Poor or any of them within their respective Liberties Parishes or places may take and seiz the same and keep the same during the space of eight and forty hours in some publick or convenient place where such seizure shall be made within which time if the owner or owners or any for him or them shall make it appear unto some Justice of Peace of the same County where the same shall be so seized by the Oath of two credible witnesses that the same were not imported from Ireland or from any other place beyond the Seas except the Isle of Man then the same upon the Warrant of such Justice of Peace are to be delivered to the owner or owners without delay 18. Car. 2. Ch. 2. But in default of such proof and Warrant then the same to be forfeited and one half thereof to be disposed to the use of the Poor of the Parish where the same shall be so found and seized and the other half thereof to his or their own use that shall so seiz the same 18. Car. 2. Ch. 2. Such Cattel as are Imported from the Isle of Man before excepted into England c. are not to exceed the number of six hundred in one year and they are to be of no other breed than of the breed of the Isle of Man and all to be landed at the Port of Chester or some of the members thereof and not elsewhere and this Act continues for seven years and from thence to the end of the first Session of the next Parliament 18. Car. 2. Ch. 2. CHAP. VII The Constables Office about Chimney Money THe High Constables and Petty Constables Duties about Chimney money by the 14. Car. 2. Ch. 10. and the 15. Car. 2. Ch. 13. is now much altered and particular Officers appointed for that purpose 16. Car. 2. Ch. 3. All Justices of Peace Chief Magistrates Treasurers and Under-Treasurers Constables and other his Majesties Officers are within their several Limits and Jurisdictions to be aiding and assisting to his Majesties Officers appointed for the collecting of the duty of Hearth-money 16. Car. 2. Ch. 3. The Officers appointed by his Majesty for the Chimney money once every year being accompanied with the Constable or Tythingman Treasurer or Under Treasurer or other publick Officer of the place and in all Parishes and places where there are no Constables Tythingmen or other publick Officers as aforesaid there without any such assistance may enter in the day time into any dwelling or other house Edifice Lodgings and Chambers in any of the Inns of Court or Chancery Colledges and other Societies to search and examine whether there be any more Fire-hearths and Stoves in the same then were formerly returned or certified and what are increased and decreased since the last Certificate and if they find any variance in the number returned both the Officer and Officers appointed by his Majesty and the Constable or Tythingman or other Officer aforesaid are to certifie the same under his and their hands to the Clerk of the Peace c. 16. Car. 2. Ch. 3. If the party after Demand made by his Majesties Officers or their Deputies at the house chamber or place where the duty shall arise or grow due make default or refuse to pay by the space of one hour after such demand then the Officer or his Deputy may at any time with the assistance of the Constable Tythingman or other Officer as aforesaid in the day time levy the said duty and all the Arrearages thereof by distress and sale of the Goods of the party or parties so refusing or making default rendering the overplus to the owners over and above the duty and Arrearages and necessary charges of taking the Distress which Charges arenot to exceed one Moiety of the Duty and Arrearages 16. Car. 2. Ch. 3. Note that no Arrearages of Hearth-money are to be distreyned for after the space of two years next after such duty becomes due and if any violence opposition or injury be done by any person or persons to any of his Majesties Officers or their Deputies in the due execution of their Office and the same proved by Oath before any one Justice of the Peace or chief Magistrate c. such Justice or chief Magistrate c. if they think fit may send the offender to the Common Gaol for any time not exceeding one month 16. Car. 2. Ch. 3. The Constables are to have two pence in the pound paid them by the Collector to whom they pay the Chimney mony by them collected within their Constableries and are to pay nothing to the Collectors for their Aquittances 16. Car. 2. Ch. 3. CHAP. VIII The Constables Office about Conventicles IF any Constable Headborough or Tythingman neglect to execute the Warrants to them directed for Sequestring Distraining and Selling the Estate or Goods of any Seditious Conventiculer to be Transported or neglect to distrain and sell the Goods and Chattels of such offender for the levying of such sums of money as shall be imposed on them for the first and second offence in such cases the Officer for his neglect shall forfeit five pounds the one moiety to the King and the other to him that sues for the same in any of the Kings Courts of Records 16 Car. 2. Ch. 4. Note if any person be any time sued for putting in execution any of the powers in the Act against Conventicles such person shall and may plead the general issue and give the special matter in Evidence and if the Plaintiff be Non-suit or a verdict pass for the Defendant or if the Plaintiff discontinue his Action or if upon Demurrer Judgment be given for the Defendant every such Defendant shall have his or their trebble costs 16. Car. 2. Ch. 4. CHAP. IX The Constables Office about Clothiers THe Constables and other Officers upon Request to them made are to be aiding and assisting to the Wardens and Assistants for regulating the Trade of Worsteds and other Stuffs called Norwich Stuffs made within the City of Norwich and County of Norfolk 14. Car. 2. Ch. 5. The Constables also within the West-Riding of the County of York are upon Warrant from the Justices of Peace Masters and Wardens of the Corporation of Clothiers within the said Riding or any Thirteen of them to levy such Fines Forfeitures and Penalties as shall grow due from any Clothier by vertue of the Act of the 14. Car. 2. by distress and sale of the Offenders Goods rendring the overplus to the owner upon Demand 14. Car. 2. Chap. 31. The makers of Cloth must pay to their Carders Spinners and other Labourers their wages in ready money and not in Wares and shall deliver them Wool according to due weight on pain to forfeit six pence for every default and the Carders Spinners Weavers Fullers Dyers Shearmen
which see before in the case of Pre-emption 14. Car. 2. Ch. 20. Note that this Act of the 14. Car. and the 13. Car. Ch. 8. stand upon continuance till the end of the first Session of the next Parliament CHAP. XXX The Constables Office about Quarter Monies for Maimed Souldiers Prisoners c. THe Constables and Churchwardens are to levy by Distress and Sale of the offenders Goods such mony as is rated upon any person within their Constablery for the Relief of poor maimed Souldiers and Maâ—iners rendring the overplus to the owner 43. Eliz. 3. Wingate's Stat. Tit. Captains and Souldiers 14. Car. 2. Ch. 9. And this Mony so collected is to be paid quarterly to the High Constable of the Hundred Ten days before every Quarter Sessions or else the Constable and Churchwardens their Executors c. forfeit Twenty shillings And the High Constable is to pay in the Collection Mony to the Treasurers appointed by the Justices every Quarter Sessions or otherwise he his Executors c. forfeits Forty shillings which foreitures are to be levyed and imployed by the Treasurers for the encrease of their Stock for the uses aforesaid 43. El. Ch. 3. 14. Car. 2. Ch. 9. Wingate's Stat. Tit. Captains and Souldiers The High Constables are to make Quarterly payment at every Sessions unto the Collectors appointed by the Justices of all such Sums of Mony as are raised in every Parish and paid to them by the Churchwardens or Constables for the Relief of the poor Prisoners in the Gaol under pain of Five pounds 14. Eliz. Ch. Wingate's Stat. Tit Prison and Prisoners The Constables and Churwardens are to levy by Distress and Sale of the offenders Goods so much Mony as is rated upon any person within their Parish for the Relief of the Prisoners in the Kings Bench and Marshalsey and also of Hospitals and Almshouses and relief of the Poor within their County rendring the overplus to the owner and for want of such distress the Justice of Peace may commit the party to Prison there to abide till it be paid without Bail or Mainprize which Mony the Churchwardens are to pay to the High Constable Ten days before the end of euery Quarter Sessions and if the Churchwardens their Executors c. fail to pay this Mony they forfeit Ten shillings and if the High Constable his Executors c. fail to pay the Treasurers of the County the same mony at the Quarter Sessions they forfeit Twenty shillings which Forfeitures the Treasurers may levy by Distress and Sale as aforesaid and the Monies to be imployed to the uses aforesaid 43. Eliz. Ch. 2. Wingate's Stat. Tit. Poor People Dalt J. P. Ch. 53. fo 135. CHAP. XXXI The Constables Office about Popish Recusants POpish Recusants above Sixteen years of Age shall within Forty days after their convâ—ction repair to their usual dwelling and not remove above Five miles from thence in pain to forfeit all their Goods and Lands and Annuities during Lâ—fe and if they have no certain abode then are they to repair to the place where they weâ—e born or where their Father and Mother dwells and within Twenty days after their arrival there to give their Names in writing to the Minister Constables and Headboroughs which Minister is to enter them in a Book to be kept for that purpose and he together with the said Constables and Headboroughs are to certifie the same to the next Quarter Sessions where the Justices of Peace must cause the same to be inrolled 35. Eliz. Ch. 2. Wingate's Stat. Tit. Crown The Constables and Churchwardens of every Parish or the one of them or if there be none such then the High Constables of the Hundred there are once every year to present at the General Sessions of the Peace the monthly absence from Church of every Popish Recusant and their children being above the age of nine years and their Servants together with the age of their Children as near as they can know them in pain to forfeit respectively for every such default Twenty shillings which presentment the Clerk of the Peace or Town Clerk shall Record without Fee in pain of Forty shillings Wingate's Stat. Tit. Crown 3. Jac. Ch. 4. If the Minister petty Constable or Churchwardens of any Parish or any two of them shall complain to any Justice of Peace of any person suspected for Recusancy then any such Justice may tender the Oath of Supremacy to the person suspected and if he refuse to take it then the Justice may commit the party to the Gaol there to remain until the next Assizes or Sessions of the Peace and if then the party refuse again â—e incuâ—â—â— Praemunire but if it be a Woman Covert she shall only be imprisoned there to remain without Bayl till 〈◊〉 â—ake the said Oath Wingate's Stat. Tit. Crown Dalt J. P. Ch. 45. fo 10◠〈◊〉 Ch. 6. CHAP. XXXII The Constables Office about Riots and Routs SHeriffs Constables and all other the Kings Officers shall suppress Rioters and imprison them and all other offenders against the Peace Wingate's Stat. Tit. Riots c. 27. R. 2. Ch. 8. Knights and all other Temporal persons under that degree that be above the Age of Fifteen years and be able to Travel upon warning given are to be assistant to the Justices when they shall be reasonably requested to suppress Riots on pain of imprisonment and to make Ransom to the King 2. H. 5. 8. Wingate's Stat. Tit. Riots c. Dalt J. P. Ch. 46. fo 114. Note where three persons or more shall come or assemble themselves together to the intent to do any unlawful Act with force or violence against the person of another his Possessions or Goods as to kill beat or otherwise to hurt or to imprison a Man to pull down an House Wall Pale Hedge or Ditch wrongfully to enteâ— upon or into another mans Possession House or Lands c. or to cut or take away Corn Grass Wood or other Goods wrongfully or to hunt unlawfully in any Park or Warren or to do any other unlawful act with force or violence against the Peace or to the manifest terrour of the people if they only meet to such a purpose or intent although they shall after depart of their own accord without acting any thing yet this is an unlawful Assembly because of their intention at the first Bro. Tit. Riot 4. 5. Cromp. 68. Co. 3. Part. Inst fo 176. Dalt J. P. Ch. 85. fo 217. Termes de Ley verb. Rout. Lamb. 179. 181. If after such meeting as aforesaid they shall ride go or move forward towards the execution of such Act whether they put their intended purpose in execution or not this is a Rout. Bro. Riot 4. Co. 3. Part. Inst fo 176. Termes de Ley verb. Rout. Dalt J. P. Ch. 85. fo 217. And if they do any such thing indeed then it is a Riot Co. 3. Part. Inst fo 176. Termes de Ley verb. Riot Dalt J. P. Ch. 85. fo 217.
any Vestry within any Parish in the Cities of London and Westminister Borough of Southwark and Weekly Bills of Mortality and in all other Cities Boroughs and Towns Corporate where Select Vestries are used in the Kingdom of England are within one month after their Election before the respective Archbishop Bishop or Ordinary Vicar General or Chancellour of the Diocess to make and subscribe as followeth I A. B. do declare that it is not lawful upon any pretence whatsoever to take up Arms against his Majesty And that I do abhor that traiterous Position of taking Arms by his Majesties Authority against his person or against those that are Commissionated by him And that I will conform to the Liturgie of the Church of England as it is now established And I do declare that I hold there lies no obligation on me or on any other person from the Oath commonly called The Solemn League and Covenant to endeavour any change or alteration of Government either in Church or State And that the same was in it self an unlawful Oath and imposed upon the Subjects of this Realm against the known Laws and Liberties of this Kingdom 15. Car. 2. Ch. 5. 8. He that refuses this Subscription within the time aforesaid is ipso facto deprived of such his place of Vestryman and a new one to be chosen and if such new one refuse also or if such person who shall have right of Election shall not proceed to Election within one Month after such vacancy then the respective Archbishop Bishop or Ordinary of the Diocess may under his Hand and Seal elect and nominate a discreet person of the respective Parish who after Subscription within the time aforesaid is to stand 15. Car. 2. Ch. 5. This Act is to continue till the end of the first Session of the next Parliament CHAP. II. The Churchwardens Office about Profanation of the Sabbath and of the Church 9. THese Officers are diligently to see that all the Parishioners duly resort to their Parish Church upon all Sundays and Holydays and there continue the whole time of Divine Service and none to walk or stand idle or talking in the Church Church-Yard or Church-Porch during that time and all such as shall be found slack or negligent in resorting to the Church having no great or urgent cause of absence they shall earnestly call upon them and after due admonition if the amend not they must present their Names to the Ordinary of the place 5. 6. E. 6. Ch. 1. Canon 19. 90. 111. 10. If the Churchwardens find any person absent from the Church upon Sundays or Holydays in the time of Divine Service Preaching or other holy Exercise such person is to pay 12 d. to the use of the Poor and this extends as well to all Women Covert as to other persons or the Churchwardens if they please may present such person in the Ecclesiastical Court But note that none are to be punished twice for one offence so that they must not pay their twelve pence and be presented too 1. El. Ch. 1. Hobbart's Rep. fo 97. 11. And if they find any Tipling in an Inn or Alehouse c. then besides the twelve pence for being absent from the Church as aforesaid they forfeit three shillings four pence more for Tipling and the Master of the House ten shillings for suffering them to Tipple which forfeitures are to go to the use of the Poor 4. Jac. Ch. 5. 12. The Churchwardens or Questmen are to suffer no Plays Feasts Banquets Suppers Church Ales Drinkings Temporal Courts or Leets Lay Juries Musters or any other profane usage to be kept in the Church Chappel or Churchyard neither the Bells to be rung superstitioufly upon Holydays or Eves abrogated by the Book of Common Prayer nor at any other times without good cause to be allowed by their Minister of the place and by themselves Canon 88. 13. Neither the Minister Church-wardens nor any other Officers of the Church shall suffer any man to preach within their Churches or Chappels but such as by fhewing their Licence to preach shall appear unto them to be sufficiently Authorized thereunto And the Churchwardens or Questmen are also to see that in every meeting of the Congregation the Peace be well kept and that all persons excommunicated and so denounced be kept out of the Church Canon 50. 85. CHAP. III. Some few Cases concerning Actions for and against Churchwardens 14. NOte that the Law doth make of these Officers a kind of a Corporation viz. Persons enabled by that name to take moveable Goods or Chattels and to sue and to be sued at Law concerning such Goods for the use and profit of their Parish for the property of the Goods of the Church is in them and they are by that Name enabled to take them for the use and profit of the Parish and therefore a man may well in his lifetime or by his last Will give or grant Mony or other moveable Goods to the Churchwardens or Parishioners of such a Parish for the Reparations of the Church or for buying of Books Communion Cups Linnen Cloths or other decent Ornaments or furniture for the Church 12. H. 7. fo 27. Finch's Law Lib. 2. Ch. 17. pag. 178. Kitchin pag. 278. a. 15. But they cannot take an Estate of Lands to them by Name of Churchwardens only for if a Feoffment be made to the use of the Churchwardens of D. this is avoid use for they have no capacity to take such Purchase Finch Lib. 2. Ch. 17. pag. 179. Rolls Cases 1. Part. fo 393. 16. Neither can they prescribe to have Lands to them and their Successors for they are no Corporation to have Lands but for Goods for the Church only P. 37. El. C. B. Longley Meredines Case Rolls Cases 1 Part. fol. 393. 17. If a Man buy a Bell and hang it up in the Steeple or make a Pew and set it up in the Church though he make neither words nor writing hereof yet by this the Bell and Pew are so dedicated to the Church that the party that did owe them can never have them again for if they should come to remove them the Churchwardens might sue them for it 8. H. 7. 12. 10. H. 4. fol. 9. Kitchin pag. 277. a. 18. They can have no action at Common Law to recover any Goods of which they never had the possession But if the Churchwardens be once possessed of any Goods or Ornaments belonging to the Church and afterwards the same things are taken from them then they have the same remedy for the things as other men have for the goods taken from them And therefore if such Goods be stoln they may have an Appeal of Robery and if they be otherwise taken away or abused as if a Bell be broken or the like the Churchwardens may have an Action against him that doth it and in this Action they recover Damages to the use of the Parish and not to their own use Tr. 8. E. 4.
which he is to have Two pence and then to be delivered to the Party 5. Eliz. Ch. 4. Wingate's Stâ—t Tit Labourers But these Testimonials are now very seldom used although the Statute be very penal in the same for the Master that retains a Servant without such a Testimonial forfeits five pounds being thereof convicted upon Indictment taken in the Sessions of the Peace and every Servant which sheweth not such a Testimonial to the chief Officer in a Corporation or to the Constable or such other Officer Minister or Churchwardens of the place where he is to dwell may be imprisoned till he procure one and if he produce not one within one and Twenty days next after the first day of his Imprisonment or if he shall shew a false or counterfeit one then he is o be whipped and used as a Vagabond Dalt J. P. Ch. 31. fo 86. 5. Eliz. Ch. 4. The Form of a Testimonial is after this manner Memorandum that A. B. Servant to C. D. of Kirk-Leaventon in the County of York Husbandman is Licenced to depart from his said Master and is at his Liberty to serve elsewhere according to the Statute in that Case made and provided In witness whereof we have hereunto set our Hands and Seals this Tenth day of November in the 19th year of the Raign of our most gracious Soveraign Lord King Charles the Second Annoque Domini 1667. Jo. Mettcalf Constable of Kirk-Leaventon Householders there T. H. G. B. If it be one that lives with a woman then say is Licenced to depart from his Mistres or Dame as she is and if his Master be not an Husbandman but a Taylor Smith Joyner or some other Trade then name him accordingly in the Testimonial CHAP. XXI The Constables Office about Malt-making THe Constables and Bayliffs of any Town where any deceitful Malt shall be made or mingled to be sold contrary to the Stat. 2. E. 6. may from time to time view and search all such Malt as shall be made or put to sale within any of their Towns being evil made or mingled with evil Malt contrary to the Statute then the said Constable or Bayliff so finding any such deceitful Malt with advice of any one Justice of Peace may cause the same to be sold to such persons and at such reasonable prizes as to the discretion of the same Justice shall seem expedient 2. E. 6. Ch. 10. 21. Jac. Ch. 28. 3. Car. 1. Ch. 4 Dalt J. P. Ch. 33. fo 86 87. Now these deceitful Malts are of three sorts to wit such as are not well made and that is where Barly Malt hath not in the making thereof in the Fat Floor â—â—eeping and drying thereof Three weeks at the least except it be in the Months of June July and August and in those Months it must have 17. days for under such times it cannot be well made nor wholesom 2. E. 6. Ch. 10. Dalt J. P. Ch. 33. fo 87. Secondly No Malt ought to be put to sale unless before the sale thereof by treading rubbing and fanning it they take out of every Quarter half a peck of dust or more on pain to forfeit 20. pence for every Quarter otherwise sold to be divided between the King and the Prosecutor 2. E. 6. 10. And Thirdly If any Malts be put to sale which are not well made as aforesaid according to the limited time or which are made of Mow-burnt or Spired Barly or mixed of good and bad together they forfeit for every Quarter so put to sale Two shillings to be divided between the King and the Prosecutor as aforesaid 2 E. 6. Ch. 10. Wingate's Stat. Tit. Malt. Note That none shall be punished by this Act who only make the Malt for their own provision nor for the penalties of 20. pence or 2. shillings per quarter unless the Action be prosecuted within one year Wingate Stat. Tit. Malt. 2. E. 6. Ch. 10. Dalt J. P. Ch. 33 fo 87. CHAP. XXII The Constables Office about the Militiaâ— THe Constables by Warrant to that purpose under the Hand and Seal of the Lord Lieutenant or any three or more of the Deputy Lieutenants are to Levy such Sums Forfeitures Penalties and Payments as shall be charged upon any person or persons within their several Constableries for the furnishing of Arms Horse or Foot or payment of Souldiers c. according to the Acts for the Militia 14. Car. 2. Ch. 3. 15. Car. 2. Ch. 4. And where sufficient Distress cannot be had then the Lord Lieutenants or their Deputies by like Warrant to the Constable may commit such Offender to Prison until he shall make satisfaction according to the said Forfeiture Payment or Penalty 15. Car. 2. Ch. 4. CHAP. XXIII The Constables Office about Moss Troopers THe Constables and other Officers within the Counties of Northumberland and Cumberland upon Warrant from the Justices of the Peace are to Levy by Distress and Sale of the Parties Goods rendring the overplus to the owners all such sums as shall be charged upon any person within their several Constableries by the Justices at their Sessions for the safeguard of the Counties against the Injury Theft and Rapine of Moss-Troopers and the Justices also may examine any complaint against the Constables or other Officers that shall neglect 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 14 Car. 2. Ch. 22. This Act took force from Michaelmas 1662. and was to continue five years and now by the Stat. 18. Car. 2. it is continued for seven years longer which is till Michaelmas 1674. 18. Car. 2. Ch. 3. CHAP. XXIV The Constables Office about the Disturbing of Ministers IF any shall purposely without Authority disturb a Preacher lawfully licenced in his Preaching of the Word Praying or Administring of the Sacraments either by their talking laughing humming or the like any one of the Constables or Churchwardens of the place may of his own Authority presently apprehend the party and carry him before a Justice of Peace of the same County who upon due accusation may if he think fit commit him to safe custody and within six days after taking with him another Justice of the Peace they may examine the matter and if by proof of Two Witnesses they find it true they must commit him to the Common Gaol there to remain for Three Months and from thence to the next Quarter Sessions at which upon the parties Reconâ—iliation and entring into Bond for the good behaviour for one whole year at the discretion of the Justices he may be Released but if he persist still in his obstinacy he must remain in Pâ—ison still without Bayl until he shall reconcile and be penitent for his offence 1. Mar. Sess 3. Ch. 3. Wingate's Stat. Tit. Sacraments Dalt J. P. Ch. 41. fo 103. He that rescues an offender in this kind shall suffer like
for the discharge of the Parish and bringing up and providing for the Child as any two Justices shall order and thereupon the Sessions is to dispose and sell the Goods and Chattels and the Sessions may order the Officers aforesaid what they shall receive of the Rents and Lands also for the purposes aforesaid 14. Car. 2. Ch. 12. CHAP. V. The Overseers Office in making of Rates and passing Accounts 64. THese Officers 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 Tythes 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 bayl till it be discharged by him 43. El. Ch. 2. Dalt J. P. Ch. 4. fo 97. Wingate's Stat. Tit. Poor People 65. Now these Rates ought to be well and truly made according to mens visible Estates real and personal within the place only and not for any Estate elsewhere at Lincoln Assizes 9. Car. 1. by Justice Hutton and Crook 66. Note That a Parish in Reputation shall be a Parish within this Law so that if A. be an ancient Parish that hath Officers in it and there 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 Church-wardens c. here this place may be Rated as a Parish towards the Poor Hutton's Rep. fo 93. M. 3 Car. B. R. Hilton Paul's case Cro. 3. Part. Rep. 67. This Tax must be set upon the Tenants and Occupiers of Lands and not upon the Land-Lords living within or without the Parish for the Tenant only is chargeable for the Land Bulstred's 1. Part. Rep. fo 354. 68. The Parson having a full Tenth Part of the Profits of the place may be rated to a Tenth Part. Resol Judges 1633. Sect. 32. 69. He that doth occupy Lands in his 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 no more but for his personal Estate it seems reasonable he should be charged for it in the place where his person is All Lands Ancients Demeasn Guildable and Copy-hold 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 Consuetudo tollit Legem 70. 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 71. 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. Ch. 40. fo 97. 72. 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 discretions 43. El. Ch. 2. Wingate's abr Stat. Tit. Poor People 14. Car. 2. Ch. 12. 73. If any persons find themselves agrieved 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. Ch. 40. fo 97. Wingate's Abr. Stat. Tit. Poor People 74. 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 in pain to forfeit 20. s. a Month to the use of the Poor to be levyed by distress and sale as aforesaid and for want of distress to be committed to Prison till the Forfeiture be paid 43. El. Ch. 2. Wingate's Abr. Stat. Tit. Poor People Dalt J. P. Ch. 40. fo 98. 75. Head Officers in Cities and Corporate Towns and Aldermen of London have in their several Precincts like Authority that Justices of Peace have in their Counties and no other Justices of Peace are to enter and intermeddle there Wingate's Abr. Stat. Tit. Poor People 43. El. Ch. 2. 76. 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 Accounts 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 Wingate's Abr. Stat. Title Poor Perple 43. El. Ch. 2. Dalt J. P. Ch. 40. fo 97 98. 77. 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 in 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 High-ways or in their Town without their directions 6. Whether they met monthly to consider of the things belonging to their Office 7. Whether they made their Rates indifferently 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. Ch. 2. Dalt J. P. Ch. 40. fo 96. 78. 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
High-ways or places aforesaid may appoint a Receiver or Collector of Toll and such other Officers as they shall find necessary to carry on their work for which a moderate allowance is to be given 15. Car. 2. Ch. 1. 51. Any three or more of the Surveyors are to appoint and require all the Inhabitants within three miles of the places aforesaid and in the same County that are by the former Laws of P. M. and Queen Elizabeth chargeable to find Wain Team or Cart for the amending of the High-ways and other persons chargeable in person only to labour herein for three days in a week so that it be not in Seed-time Hay or Corn-Harvest to come or send their Wains Carts or Teams provided as by Law they ought to do for repair of the High-ways and when they are come to appoint them their several work and to pay them after the rate of the Country for their work and if any difference be two Justices of the Peace of the County are to end it he that fails to send his Wain c. for every day forfeits ten shillings and the Laboures resusing or neglecting for every day 18 pence 15. Car. 2. Ch. 1. 52. Any three or more of the Surveyors may appoint any to dig take and carry away so much as they shall think needful of the Gravel Chalk Sand or Stones out of the Waste or Common of any neighbouring Parish or place near adjoyning to the place in decay without paying any thing for it and if it be not there to be had then they may take it out of any mans several ground not being an House Garden Orchard Yard or Park stored with Deer in any Parish chargeable toward the repair of the said High-way giving only satisfaction to the owner of the ground for the damage he hath thereby accordingly as the Justices at any of their Quarter Sessions shall set down if any difference be And they are withal speed convenient to fill up and level such Pits as they shall make or else to rail them about that they be not dangerous to Man or Beast 15. Car. 2. Ch. 1. 53. The Surveyors are always at the Quarter Sessions next after Easter to give in an Account under their Hands to the Justices of all the mony they have received from the Collector or Receiver of the Toll and what they have laid out about the High-ways or in the execution of their Office and if they have any mony in their hands they are to pay it to the Surveyors for the next year or to their Treasurer or Receiver and then they are to have allowance for their pains and if they shall not account and pay in the mony in their hand or if the Collector or Receiver of the Toll refuse to pay in the mony to the Surveyors upon Request Then they respectively at any Quarter Sessions may be committed to Prison till they do so account and pay in the mony 15 Car. 2. Ch. 1. 54. If the Justices at their Quarter Sessions make any Rate for the repair of these High-ways the Surveyors are to collect and receive it and in case of Refusal they or their Receivers and Collectors may distrain for it and sell the Distress rendring the overplus to the owners and they or their Receivers are to receive all the Fines and Forfeitures named in the Act and to imploy them towards the Repair of the High-ways they might also with the consent of the Justices at their Quarter Sessions borrow mony to repair the said High-ways and ingage the Toll for it in their respective Counties by Indenture under their Hands and Seals for any time under nine years for Security of the Repayment of the Mony borrowed with Interest and therewith repay the same 15. Car. 2. Ch. 1. 55. The Collector of the Toll for these High-ways is to demand and receive Toll or Custom for all the Horses Coaches Carts Waggons Droves and Gangs of Cattel that shall pass be led or driven in or through the Toll Gates at Stilton in Huntingtonshire at Arrington Bridge in Cambridgeshire and at Wades Mill in Hartfordshire after the proportion following That is to say for every Horse one peny every Coach six pence every Cart eight pence every Waggon twelve pence every score of Sheep or Lambs one half peny and so proportionably for greater or lesser numbers for every score of Hogs two pence and so proportionably for greater or lesser numbers not being under Five for every score of Oxen or Neat Cattel five pence and so proportionably for greater or lesser numbers and if any refuse or neglect to pay the Collector may distrain the Horse Coach Cart Waggon Oxen or other Cattel aforesaid or any of them and keep them till the Toll be paid and damages for keeping the Distress 15. Car. 2. Ch. 1. and see 16. 17. Car. 2. Ch. 10. 56. Note That no Passenger is to pay twice in one day at the same place neither is any Souldier in his March or Post-rider to pay Toll and certain adjacent Towns also to the said places appointed for taking of Toll are exempted See the Statute it self 15. Car. 2. Ch. 1. 57. The Toll at Stilton and Arrington Bridge is to continue 11 years to begin from the 7th of July in the 15th year of the King if the ways be not well amended and the monies borrowed paid in again before the expiration of the said Term and the Toll at Wades Mill is to continue for 21 years after the 11 years expired if the ways be not adjudged to be well amended in the mean time and all monies borrowed for that purpose with the Interest thereof repaid again 15. Car. 2. Ch. 1. 16. 17. Car. 2. Ch. 10. 58. The Collector of the Toll at Wades Mill is to account weekly to the Receiver General and the next Justice may give the Collector an Oath to make a true and perfect Account and such Account is to be returned to the next Quarter Sessions for the County by the Justice that gives the Oath 16. 17. Car. 2. Ch. 10. 59. All persons who by Law are chargeable towards the repairing of the High-ways aforesaid shall still remain so chargeable by the 15. Car. 2. Ch. 1. and shall also pay six pence in the pound yearly according to the true value of their Estate towards the repair of the said High-way during the continuance of the Toll which shall be paid to the Treasurer of the said Toll and in default of payment six days after demand the Surveyors are to distrain for it and sell the distress rendring the overplus to the owners if any be 16. 17. Car. 2. Ch 10. 60. The Receivers or Collectors of the Toll that shall be in the Office at the end of the 11 years if they upon their Account shall then have any mony in their hands they are to bring the same to the Justices at their next Quarter Sessions under pain to forfeit double so
be chosen by the major part of the Justices of the said Counties at their Quarter Sessions of the most able Inhabitants and Freeholders of the said Counties of Middlesex and Surrey for the Corporation or Corporations Work or Work-houses of the said Counties 14. Car. 2. Ch. 12. 8. And upon Vacancy Death or otherwise of any of the Presidents Deputy Presidents Treasurers or Assistants in the City of Westminster and places aforesaid in Middlesex and Surrey the major part of the Justices at their General Quarter Sessions have power to elect others in their rooms and at every Quarter Sessions the said Justices are to take an account in writing of all the Receipts Charges and Disbursements of the Officers and Treasurer of such Corporation or Corporations Work-house or Work-houses how and how many poor people have been imployed and set to work in the year last past and what Stock there was and is remaining 14. Car. 2. Ch. 12. 9. The President Deputy President Treasurers and Assistants aforesaid shall be Bodies Politick and Corporate for ever and shall have a perpetual Succession and may sue plead and be impleaded by the Name of President and Governours of the Poor for the respective places aforesaid in all Courts and places of Judicature within the Kingdom of England and Wales c. and may without Licence in Mortmain Purchase or receive any Lands c. not exceeding the yearly value of 3000 l. per annum of the Gift Alienation or Devise of any person or persons and every of the Corporations may keep Courts for the ends and purposes in the Act expressed at such time and place as shall be appointed by the said President his Deputy or the Treasurer who are upon the desire of any four of the said Corporation at any time to cause a Court to be warned accordingly and may from time to time make Common Seals for the use of the Respective Corporations 14. Car. 2. Ch. 12. 10. The Respective Presidents and Governours of the said Corporations or any two of them or any person authorized and appointed by them of any two of them may from time to time apprehend or cause to be apprehended any Rogues Vagrants Sturdy Beggars or idle and disorderly persons within the said Cities and Liberties Places Divisions and Precincts and cause them to be kept and set to work in the several and respective Corporations or Work-houses 14. Car. 2. Ch. 12. 11. If the President and Governours of any of the said Corporations shall certifie under their Seals at any time their want of mony for a Stock and what Sum they think fit for the same to the Common Counsel of the City of London and the Burgesses and Justices of Peace in their Quarter Sessions for Westminster or to the Justices of the respective Counties for Middlesex and Surrey in their Quarter Sessions then they are from time to time to set down and ascertain such competent sums of mony for the purposes aforesaid not exceeding one years Rate usually set upon any person for and towards the Relief of the Poor and the same to proportion out of the several Wards Precincts Counties Divisions Hundreds and Parishes as they shall think fit and according to the said Proportions for the said several Wards Precincts and Parishes to Tax and Rate the several Inhabitants within the said respective Wards Precincts and Parishes in which Tax if any shall find himself agrieved he or they are to appeal to the Justices of the Peace at their next open Sessions where the business is to be finally ended 14. Car. 2. Ch. 12. 12. And any Alderman of London or his Deputy Burgesses and Justices of Peace of the Counties of Middlesex and Surrey by Warrant under their Hands and Seals may Authorize the Church-wardens or Overseers of the Poor within the places and Parishes aforesaid to receive and demand of every person and persons such sums of mony as shall be assessed upon them by vertue of the Taxations and Constitutions aforesaid and for default of payment within ten days after demand or notice left at the dwelling house or lodging of every person assessed then to levy the same by Distress and Sale of his Goods rendring him the overplus 14. Car. 2. Ch. 12. 13. The Respective President and Governours or seaven of them may make and constitute Orders and By-laws for the better relieving regulating and setting the Poor to work apprehending and punishing of Rogues and Vagabonds within the Cities Liberties and places aforesaid provided the said By-Laws be presented to the Justices of Peace at their Quarter Sessions and confirmed by the order of the said Court And the Presidents and Governours or four of them of any of the said Corporations or Work-houses may choose and entertain all such Officers as shall be needful to be imployed in and about the premisses and remove them as they see cause and make such reasonable allowances unto them out of the Stock belonging to the Work-house as they shall think fit 14. Car. 2. Ch. 12. 14. This Act is not to prejudice any the Franchises Rights Liberties or Priviledges heretofore granted by any Kings or Queens of this Realm to the Dean and Chapter of the Collegiate Church of St. Peter's in Westminster 14. Car. 2. Ch. 12. FINIS A GUIDE FOR Bayliffs of Mannours 1. THe Bayliff of a Mannour is an Officer chosen by the Lord of the Mannour ' and this Officer by the ancient Saxons was called a Reeve for the name Bayliff was not known among them but came in with the Normans it seems Termes de Ley verb. Bayliff 2. This Officer is to Summon and call the Lords Courts and to collect his Rents Fines Harriots Amerciaments and other profits hapning within the Mannour as they grow due and he may seiz or distrain for them ex Officio where seizure and distress is justifiable without any special command of the Lord he may also pay Quit-Rents Termes de Ley ubi supra 3. It is said he may also order his Lords Husbandry distrain Beasts damage Feasant repair any Houses Hays or Pales and for that purpose cut down Timber or Trees but it is not safe for him to build a new House or set up an old House that is faln or to make any new Additions or Alterations as to Tyle the House which before was Thatched or pale it where before it was hedged or the like without a special command from his Lord so to do for otherwise he will be a Trespasser to the Lord. 4. It is said also that he may take any Cattel for his Lord to compast his ground as an Agistment and cut down Underwoods that have been used to be cut and he is to over-see and order the Labour of other Labourers and Servants under him about his Lords work 5. And lastly These Officers are to give Account to their Lords of all their Receipts and Disbursements and pay in to him the mony remaining in their hands being required thereunto and