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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A49831 The office and dutie of constables, churchwardens and other the overseers of the poore together with the office and dutie of the surveyours of the high-wayes / collected for the help and benefit of such as are ignorant and unskilfull in the discharge and execution of the said offices. Layer, John, 1585?-1641. 1641 (1641) Wing L746; ESTC R34961 46,963 177

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persons who are to make the rates 2. The circumstances observable in the making of them 3. The persons and estates that are chargeable to them First the persons that are to make them are the Churchwardens and other the Overseers of the poore or the greater part of them with the consent of the Justices c. particularly appointed and assigned by the said statute to raise rates for the purpose aforesaid and doubtlesse warrantably may do the same without the assistance and allowance of the other parishioners yet for the avoiding of all exception these officers shall do well to give publick notice to all or so many of the said parishioners as will assemble to be present at the making of them 2. The circumstances to be observed in the making of rates these rules may be considered First that they be competent and proportionable competent in regard of the ability of the parish and of the occasion for which they are raised proportionable in regard of the persons and estates that are to contribute unto them Experience hath found it the best surest and most quiet way of rating of land by the quantity or content of acres and not by the yearly rent value or quality thereof to wit arable to be rated with arable pasture with pasture meadow with meadow in the same town having respect to the quality of the two last in rating them double with the arable or more or lesse according to the condition thereof Dwelling-houses are not to be rated which serve onely to sleep in and in Countrey towns and villages yield little or no rent at all but serve onely for helps and adjument for the better maintenance and disposing of lands belonging to them He that occupieth in his own hands lands lying in severall parishes is chargeable in every parish proportionably for his land there The farmer shall be rated for the land he occupieth and not the leasour or landlord A man shall not be rated for his farm-rents for that the farmer or occupier of the land is charged for the same land whether the rate be made by land or stock By goods in most cases a man may be rated as well as by land but seldome by both unlesse for the poore N. Resol 18. for which the land is to be taxed in the first place equally and indifferently with an addition for the visible ability of the party according to good discretion but the common custome is that he that hath both lands and goods is charged onely by the best of them In the same rate one man may be rated by his land and another by his goods Where a man is taxed by his goods it seemeth reasonable that such goods be rated after the valuation of lands to be purchased sc one hundred pounds in stock or goods after five or six pound a year in lands Where a man is charged by goods they must be such as the party charged is certainly known to have within that town at the time of the rate-making The third and last thing observable in the making of rates are the persons and estates that are liable unto them All manner of persons as well spirituall as temporall All perso and estate liable to these rates 43. Elis cap. 2. of what estate quality condition or degree they be of are hereby chargeable unlesse these officers as in good discretion they ought spare the poore labourer cottager and hired that have no considerable personall estate All estates lands and possessions whatsoever seem chargeable to these rates which yield a clear and certain profit † N. Resol 14. as well the not guildable as the guildable yea although the same be not annuall as † Old Resol 19. under-woods c. sheep-walks mills dove-houses c. are in like manner chargeable but herein consideration is to be had of the casualties charges and disprofits issuing out of them Parsonages or tithes are charged by the statute to contribute to these rates Parsonages hovv chargeable and where they have the full tenth of the annuall profits arising out of the parish there to pay the tenth and so proportionably as they receive profit in that respect paying also for their glebe-land ratably by the acre as other men pay for theirs If a parishioner Bringers in of forreiners c. shall bring into the parish without the consent of the parish a stranger of another parish which is or apparantly is like to be burdensome to the parish such person may be taxed to the charge of the rates for the poore there not onely having respect to his ability or land he occupieth but according to the damage or danger he bringeth to the parish by his folly Secondly in the levying of rates these things may be observed Levying of rates 1. Distr Saac 51. H. 3 28. Ed. 1. c. 12. What goods properly by the law are to be distrained 2. Where and how long a distresse may be kept and detained 3. How and in what manner the same shall be apprised and sold No man shall be distrained by his beasts which till his land nor by his sheep What goods are distrainable neither a Tradesman by his tools wherewith he getteth his living c. so long as any other sufficient distresse may be had except it be impounding of beasts which a man finds damage fesant according to the custome of the Realm Distresse shall be reasonable 51. H. 3. cap. 1 4.52 H. 3. c. 1.2 3.28 Ed. 1. c. 12. Distresses shall be reasonable according to the quantity of the debt or damage and not grievous and he that taketh unreasonable and excessive distresses shall be amerced No distresse shall be driven out of the County where it was taken Where distresse shall be impounded 51. Hen. 3. c. 52. Hen. 3. cap. 4.3 Ed. 1. cap. 16.9 Ed. 2. cap. 9. nor out of the hundred rape wapentake or lath except it be to a pound overt within the same shire being not above three miles distant from the place where it was taken 1. 2. Phil. Mar. cap. 12. none shall impound in severall places goods distreined for any cause at one time nor shall take above foure pence for the impounding of any one whole distresse nor shall distrein out of their fee or in the Kings high-way or common street but the Kings officers onely having speciall authority so to do nor in the fees of the Church nor shall take wrongfull distresse or without authority Distr Scac. 52. H. 3. The owner without disturbance or paying any thing therefore may give his beasts meat of his own while they remain in a pound overt If a distresse be taken of any houshold-stuff or the like that may take hurt in a pound overt these officers may keep and detain the same in their own hands till satisfaction made By the ancient law Distr Scac. 52 H. 3. How long distresse may be kept no cattel nor