the Constable to present such person for his Default at the Assizes or Sessions of the Peace or else to complain of him to a Justice of Peace who may bind the offender to the good behaviouâ— and so over to the next Quarter Sessions c. Dalt J. P. Ch. 60. fo 141. CHAP. XXXIX The Constables Office about Executing Warrants A Justice of Peace may direct his Warrant to the Sheriff Bayliff Constable or other Officer or to any other Indifferent person by Name though he be no Officer 14. H. 8. 16. Bro. Peace 6. Dalt J. P. Ch. 117. fo 332. A Warrant directed by the Justice of Peace to the Constable or other sworn Officer and to a Stranger who is no Officer and the Warrrant is made to them joyntly and severally and is delivered to the Stranger who executeth it this is good enough and if a Warrant from a Justice of Peace be directed to two men joyntly to Arrest another yet any one of them may do it alone Cromp. 147. Dalt J. P. Ch. 117. fo 332. If a Justice of Peace direct his Warrant to the Sheriff he may by word command his Undersheriff Bayliff or other known and sworn Officer to serve it without any Precept to them in writing and they upon such Commandment of the Sheriff may lawfully do it Lamb. 91. Bro. fx. Impris 43. Trespass 339. Dalt J. P. Ch. 117. fo 332. But if the Sheriff in such case do command a Stranger who is neither his Servant nor Sworn Officer then he must do it by Precept in writing or otherwise an Action of false Imprisonment lies for the Arrest Dalt J. P. Ch. 117. fo 332. Where a Warrant is directed by a Justice of Peace to the Sheriffs Bayliff or his Servant or to the Constable or other private person to Arrest one such person cannot command another to do it neither by word nor writing but must do it himself Co. 9. Lib. Rep fo 69. 14. H. 7. 9. b. 20. H. 7. 13. 21. H. 7. 14. Dalt J. P. Ch. 117. fo 332. The Officer to whom any Warrant shall be directed ought with all speed and secrecie to seek and find out the party and then to execute his said Warrant Dalt J. P. Ch. 117. fo 332. A sworn and known Officer â—be he Sheriff Undersheriff Bayliff or Constable needs not to shew his Warrant to a man when he comes to serve it upon him although he demand it but he who is no sworn Officer ought to shew his Warrant upon demand or otherwise the party may make resistance and not obey him and a sworn Officer also upon the Arrest though he will not shew his Warrant yet he ought to acquaint the party with the contents thereof M. 8. E. 4. fo 14. a. Bro. fx. Impr. 23. Dalt J. P. Ch. 117. fo 332 333. Co. 6. Lib. Rep. 54. 9. Lib. fo 68. Note That an Officer giveth sufficient notice what he is when he faith to the party I Arrest you in the Kings Name c. and in such case the party at his peril ought to obey him though he knoweth him not to be an Officer and if he have no lawful Warrant the party grieved may have his Action of false Imprisonment against him Co. 9. Lib. Rep. fo 69. Dalt J. P. Ch. 117. fo 333. If a Constable or other Officer Arrest a man for the Peace or the like before that he have a Warrant and then afterwards doth procure a Warrant or a Warrant cometh after to him to Arrest the party for the same cause yet the first Arrest was wrongful and the Officer is subject to an Action of false Imprisonment Dyer fo 244. Lamb. 93. Dalt J. P. Ch. 117. fo 333. Where a Warrant is granted out against J. N. the son of T. P. and the Constable or other Officer takes J. N. the son of L. P. although he in truth be the same person that offended and against whom the complaint was made yet this Arrest is tortuous and the Officer liable to an Action of false Imprisonment 10. E. 4. fo 12. Bro. fx. Impr. 38. Dalt J. P. Ch. 117. fo 333. But it is said by some that where Two or Three are known by the Name of J. R. of K. Yeoman and upon a Warrant or other process granted out against one of them another of them is Arrested in such case an Action of false Imprisonment will not lye against the Officer tamen Quare hereof 11. H. 4. fo 90. 5. E. 4. fo 51. Dalt J. P. Ch. 117. fo 333. Where an Officer hath received a Warrant he is bound to pursue the effects of his Warrant in every behalf or otherwise his Warrant will not excuse him of that which he hath done Dalt J. P. Ch. 117. fo 333. The Constable or other Officer upon a Warrant from a Justice of Peace for Treason Felony the Peace or good behaviour or in any other case where the King is party may by force of such Warrant break open a mans house to Arrest the Offender but in such case he ought first to signifie the cause of his coming and require them to open the Doors before he break them open Co. 5. Lib. Rep. fo 9. 7. E. 3. 19. Cromp. 171. Dalt J. P. Ch. 78. fo 204 205. Ch. 117. fo 333. If a Constable or other Officer hath arrested a man by vertue of his Warrant which he hath from a Justice of Peace and then taketh his promise that he will come to him such a day to go to the Justice with him according to his Warrant and so he letteth the party go who comes not again at the day appointed in this case the Officer cannot take him again upon the same Warrant because he was suffered to go by the consent of the Officer but if the party arrested had escaped of his own wrong without the consent of the Officer in such case upon fresh suit he may take him again and again so often as he escapeth although he were out of view or that he do flie into another Town or County and it is said that the Officer in such case though the party be taken in another County after the Escape yet he may bring the party before the Justice on whose Warrant he was first Arrested Cromp. 214. a. 148. 172. 173. Dalt J. P. Ch. 117. fo 333. Ch. 118. fo 340. By the opinion of the Court of the 14. H. 8. it was held there that a Justice of Peace cannot make a Warrant to arrest a Felon unless he be Indicted of Felony or that the Justice himself hath a suspicion of the Felon But if the Constable or other Officer shall serve such a Warrant he may justifie the same though the Justice did err in awarding thereof 24. E. 3. 9. 14. H. 8. 16. Bro. Peac. 6. fx. Impr. 8. 9. Dalt J. P. Ch. 117. fo 331. Note That where a Justice of Peace doth make a Warrant for a matter wherein he hath
Jurisdiction though it be beyond his Authority yet it is not disputable by the Constable or other such Officer but must be obeyed and executed by them as if the Justice shall make a Warrant to Arrest one for the Peace or good behaviour c. without any cause the Officer shall not be punished for executing the Warrant But if a Justice of Peace shall make his Warrant to do a thing out of his Jurisdiction or in a Cause wherein the Justice is not Judge then if the Officer shall execute such a Warrant he is punishable for it for the Officer is not bound to obey him who is not Judge of the Cause no more than he is bound to obey a meer Stranger and so note that the Officer is bound at his peril to take notice of the Authority and Jurisdiction of the Judge See Plo. Com. 394. b. 22. Ass fo 64. 14. H. 8. 16. Lamb. 67. 94. Co. 10. Lib. Rep. fo 76. Cromp. 74. Bro. fx. Impr. 8. Dalt J. P. Ch. 117. fo 334. If any shall abuse the Justice of Peace his Warrant by casting it into the dirt treading it under feet burning it c. for such contempt the party may be bound to his good behaviour and may also be Indicted and Fined for the same for it is the Kings Process Cromp. 149. Dalt J. P. Ch. 117. fo 334. Where Hue and Cry either by the Common Law or by force of any Statute is levyed upon any person the Arrest of such person is lawful although the cause of the Hue and Cry be Feigned and if the Cause be Feigned he that Levies the same shall also be Arrested and shall be Fined and Imprisoned but common Fame and voyce is not sufficient to Arrest a man in case of Felony unless a Felony be done indeed 29. E. 3. 9. 38. E. 3. 6. Co. 3. Part. Inst fo 118. 21. H. 7. 28. a. FINIS Conductor Generalis A GUIDE FOR Churchwardens Overseers of the Poor Surveyors of the High-ways Treasurers of the County Stock Masters of the House of Correction Bayliffs of Mannours Toll-Takers in Fairs c. LONDON Printed in the Year 1669. To all Churchwardens Overseers c. Gentlemen THese following Offices aswell as that of the Constable have been touched also by Mr. Lambert and Mr. Sheppard but since the one writ there have been many hundred new Statute-Laws and the other writing in the late times of Rebellion hath moulded his Work suitable to the Manners then in fashion and many of the Rules laid down by Mr. Sheppard in these several Offices which thwart the Laws of the Kingdom and Priviledges of the Church are now out of doors I have therefore for the ease and satisfaction of those who desire to be put in the right Way and sure Road in the executing of these several Offices collected and published this small Treatise briefly laying down the Authority and Duty of Church-wardens Overseers c. in their several Offices The desire of praise could not carry me aloft who want wings for it but the main thing here aimed at is the good of my Country-men and I hope to reap the fruit of my labour in it that is your kind acceptance Dear Friends which if I may obtain it is all that is desired by him who is and shall be Yours Ready to serve you George Meriton A GUIDE FOR CHURCHWARDENS CHAP. 1. The Antiquity of the Churchwardens Office and how they are to be chosen 1. IT is said by some Historians that Dionysins in the year of our Lord 267. divided both in Rome and other places Churches Church-yards and Parishes to Curates and Diocesses to Bishops and this was about 87. years after Britain had received the Christian Faith For though Historians do not all agree when the Christian Faith was first planted here yet it is thought by most of them to be in the Raign of King Lucius about the year of our Lord 180. but how long after it was before these Officers called Churchwardens were appointed it cannot certainly be known but Mr. Lambert and other Authors do agree that they are very antient Officers and by the antient common Law they were and are still to take care see to and preserve the Goods of the Church viz. the Church Books Communion Cups c. and other decent Ornaments and furniture of the Church which they do find there at their coming into the Office 2. As to the choyce of these Officers it is appointed by the Book of Cannons printed in the first year of King James An. Dom. 1604. That all Church-wardens Questmen Sidemen or Assistants in every Parish shall be chosen by the joynt consent of the Minister and the Parishioners if it may be But if they cannot agree upon such a choyce then the Minister shall choose one and the Parishioners another and without such a joynt or several choyce none shall take upon them to be Churchwardens neither shall they continue any longer then one year in that Office except perhaps they be chosen again in like manner and these Officers are to be yearly chosen in Easter-week Can. 89 90. But note where there is an antient custom in any Parish for the choyce of Churchwardens contrary to this Canon in such case the custom is to be observed before the Canon as appears by several Cases hereafter mentioned 4. If the Parishioners of a Parish have used time out of mind c. to elect one Churchwarden and the Vicar another and afterwards a Canon is made that the Vicar shall elect two and he doth so accordingly and the Parishioners elect one according to their custom and the Ordinary disallows him and establisheth the other two elected by the Vlcar in this Case a prohibition shall be granted P. 5. Jac. B. R. the Parishioners Case of Rovenden in Kent Rolls Cases 2. Part. fo 287. 5. A Prohibition was granted against a Churchwarden chosen by the Parson of St. Magnus nigh London-bridge by force of a Canon upon a surmise that the Parish had a custom to choose two Churchwardens Tr. 7. Ca. 1. B. R. bet Shirlye Browne Rot. 1391. Rolls Cases 2. Part. fo 287. The like against a Churchwarden chosen by the Parson of Alhallows London P. 17. Jac. B. R. Warâ—ers Case P. 5. Jac. the Parishioners of Walkbrooks Case in London Cro. 2. Part. Rep. The like against a Churchwarden chosen by the Parson of St. Thomas in London P. 15. Car. 1. B. R. Evelins Case Cro. 3. Part. and the like granted between Draper and Stone for Abchurch in London P. 4. Car. 1. B. R. Rot. 420. Rolls Cases 2. Part. fo 287. 6. An Attorney cannot be made a Churchwarden if he be put in refuse and so be sued in the Spiritual Court he may have a Prohibition P. 14. Car. 1. B. R. Wilsons Case Tr. 15. Car. 1. B. R. Barkers Case Roll's Cases 2. Part. fo 272. 7. By the Stat. 15. Car. 2. All Vestry men or those who are members of
9. The owner of Lands if he be not the occupier thereof ought not to be charged towards the repair of the common High-ways but the Tenant who occupies the Lands is to be charged Hil. 11. Car. 1. B. R. in one Foster's case per Curiam Rolls Cases 1. Part. fo 390. CHAP. II. The Duty of the Surveyors about Setting and Calling the Parishioners to the Common days works for the High-ways and about taking and digging for Gravel Chalk Sand c. 10. THese Officers are to see that the Parishioners do their work on the days appointed and that according to these Rules following viz. every person having in his own Occupation a Plough Land in Tillage or in Pasture in the same Parish or keeping there a Plough or Draught shall find and send on every day to the place appointed by the Surveyors one Wayn or Cart provided after the fashion of the Country with Oxen c. fit for the carriage and with necessary Tools fit for the work and with two able men who are there to do such work with their Wayns c. as they shall be appointed by the Surveyors by the space of eight hours every of the said six days on pain of 10 s. every day default is made 2 3. P. M. Ch. 8. Rastall 199. Lamb. 459. Wingate's Abr. Stat. Tit. High-ways Dalt J. P. Ch. 26. fo 68. 11. And every other Housholder Cottager and Labourer of the Parish Town c. able to labour and being no hired Servant by the year must by himself or some other able man be then and there ready to work every of the said six days by the space of eight hours as aforesaid where they shall be appointed by the Surveyors under pain to forfeit 12 d. for every day they make Default 2. 3. P. M. Ch. 8. 12. Note That all persons being chargeable but as Cottagers by the 2. 3. P. M. yet if they be in Subsidy 5 l. in Goods or 40 shillings in Lands or above they must find two able men to work every of the said six days 18. El. Ch. 9. Wingate's Abr. Stat. Tit. High-ways Dalt J. P. Ch. 26. fo 68. 12. If any of the Carriages shall not be thought needful by the said Surveyors upon any of the said days they may appoint in stead of a Team two able men to work as aforesaid who shall not fail in pain that the party that should send them shall forfeit 12 pence for every day that either of them makes Default Wingate's Abr. Stat. Tit. 〈◊〉 2. 3. P. M. Ch. 8. Dalt J. P. Ch. 26. 〈◊〉 13. He that shall occupy a Plowland in Tillage or Pasture lying in several Parishes shall be chargeable only in the Parish where he dwelleth and he that occupieth several Plowlands in several Parishes shall be charged in each Town or Parish where such Land lyeth to wit to find in each Town or Parish one Cart furnished as aforesaid though he be no Inhabitant there 18. El. Ch. 9. Dalt J. P. Ch. 26. fo 68. 14. Now for the further opening of these things note that it is said that a Plow Land is not of any certain content but ordinarily it is so much as one Plough may plow in one year which in some Countries is more and in some less according to the heaviness of the Soil Co. 9. Rep. fo 124. Co. on Lit. fo 69. vide Lamb. verb. Hide 35. H. 6. fo 29. 15. And note That a Plow Land or Carve of Land may contain House Meadow Pasture and Wood And if one have so much of this as will keep a Plough and yield Tillage for it if part of it were eared in this case it seems he is to send his Plough vide Co. 4. Lib. Rep. fo 37. b. 9. Rep. fo 124. 16. He that hath a Plough Land and no Plough but doth suffer his Land to lie fresh yet he is to find a Plough for this work and so it hath been agreed by the Judges Mich. 21. Jac. Dalt J. P. Ch. 26. fo 72. 17. He that keepeth a Plough or Draught for carriage although he occupieth little or no Land but carrieth or plougheth for other men yet it seems he is to send his Cart to the High-ways and if a Man keep only two Horses and a Cart for his own business in this case it seems he is to come with his Cart and two Horses with a man to manage them Vide Dalt J. P. Ch. 26. fo 72. 18. It is held by some that so many Ploughs or Draughts men have and use frequently about their own business in Summer so many they are to bring with them to the High-ways so that if a man have one Plough and five or six Horses and shall plough seven or eight score Acres of Land and shall usually go in the Summer time with two Carts or Draughts in this case it seems he is to come with two Carts or Draughts to this Service And he that occupieth 40 or 50 Acres of Land and keepeth only three Horses and one Draught or Cart he is to come with one Draught or Cart. vide Dalt J. P. Ch. 26. fo 72. 19. Note That an Indictment by the Common Law may be brought against any Parish for not repairing their High-ways and so they are bound to make them good at their peril and if Six days will not serve the Surveyors may appoint more and charge all persons within their limits who are chargeable by Law to come to the work and if he who is to send a Team neglect he forfeits 10 s. and the labourer that neglects to come forfeits 18 d. for every day but then by 14. Car. 2. Ch. 6. the Surveyors are to pay them for their work for all the days above six days according to the Rates of the Country and if they cannot agree the next Justice of Peace living out of the Parish is to determine the business between them 14. Car. 2. Ch. 6. 20. These Officers may if they see cause for the amendment of the High-ways take and carry away so much of the Rubbish and smallest broken stones already digged of any man's Quarry lying within the same Parish without leave of the owner as they shall think needful or gather the loose Stones lying dispersed in any mans grounds But they may not without Licence dig in any mans Quarry for new Stones nor take the great Stones already digged and if there be no such Rubbish to be found in any mans Quarry within the said Parish then may they enter into any mans several ground within the Parish lying near the place where the ways are decayed and there if they see any hopes of finding materials fit for the Reparation thereof without leave of the owner they may dig for Sand Stones Gravel c. so that it be not in the Houses Gardens Orchards or Meadows of any man for they are not to come there without Licence of the owner and in such place where they may dig
discretion but by due course of Law otherwise it will prove a voluntary Escape and so Felony or at least Finable Cromp. 40. 44. Ass 12. Dalt J. P. Ch. 106. fo 275. In all cases of misdemeanour where a private person hath Authority to Arrest any for any offence it is requisite for him to carry and deliver the Prisoner to the Constable or some other Officer vide 20. E. 4. 6. Dalt J. P. Ch. 118. fo 338. But in case where a Justice of Peace Constable or other Officer comes to a Felon to arrest and take him and he perceiving flies into another County before he can be taken in such case the Felon shall be carried before some Justice of Peace of that County where he is taken and must be committed to the Gaol of that County although the Felony were committed in another County Bro. faux Impr. 25. 11. E. 4. fo 5. a. Dalt J. P. Ch. 118. fo 340. If a man be Arrested for Felony and the Constable carry him to the Gaol and the Gaoler 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 Gaol Delivery by the opinion of the Book 10. H. 4. or the Constable may in such case keep the Prisoner in his own house as it hath been held by some See 11. E. 4. Bro. faux Impr. 25. in fine Dalt J. P. Ch. 118. fol. 340 341. But in such case where the Gaoler refuses to receive a Prisoner as above said or takes any thing for receiving him upon Information thereof to the Justices of the Gaol Delivery they will punish him for his offence 4. E. 3. C. 10. Poulton Prison 6. Dalt J. P. Ch. 118. fo 341. The Constable or other Officer that shall Imprison in the Stocks any Felon may lock the Stocks and if need be may also put Irons on the Prisoner and when he conveyeth him to the Gaol or to the Justice he may pinion him or otherwise make him sure so that he cannot escape Dalt J. P. Ch. 118. fol. 342. CHAP. XIII 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 Innkeeper 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 Chockolet Sherbet or Tea brewed made or distilled in the said Houses 12. Car. 2. Ch. 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 Gaol there to remain till satisfaction be made 12. Car. 2. Ch. 23 24. The Constables are also upon Warrant to them directed to Summon all Alehousekeepers c. to appear before the Commissioners of Excise at such days and places as shall be appointed in the said Warrants from time to time CHAP. XIV 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-shoar 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 then 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. Wingate's Abr. Stat. Tit. Fish Fishers and Fishing If any Ling Herring Codd or Pilchard Fresh or Salt dried or bloated or any Salmons Eels or Congers taken by Foreiners Aliens to the Kingdom of England shall be imported uttered sold or exposed to sale in this Kingdome in such case the Constable Headborough c. or any other person may take and seize the same and one half thereof must go to the use of the Poor of the Parish where the same is so found and seized and the other half to the use of the party that seizes the same 18. Car. 2. Ch. 2. CHAP. XV. The Constables Office about Forcible Entries c. IF a Constable or any private person of the same County do refuse to attend and assist the Justices of Peace upon request to remove a Force or to convey the parties to the Gaol he may be imprisoned for his neglect and make Fine to the King 15. R. 2. Ch. 2. Dalton's J. P. Ch. 22. fo 57. CHAP. XVI The Constables Office about Hedgebreakers c. ALl such lewd persons as are convicted before a Justice of Peace for taking away any Corn growing Robbing of Orchards breaking Hedges c. and their procurers and receivers knowing the same iâ— they cannoâ— give the Parties grieved such satisfaction as the Justice shall think fit then the Justice may commit him to the Constable to be whipped for the first offence and the like pain for the second offence And if the Constable or other inferiour Officer do not by himself or some other see the same be done accordingly then the Justice may commit such Officer to the Gaol there to remain without Bail until the said offender be by the said Constable or some other by his procurement whipped as aforesaid and this is by the 43. El. Ch. 7. But now by the 15. Car. 2. every Constable Headborough or other person in every County City Town-Corporate or other place where they shall be Officers and Inhabitants have power to apprehend or cause to be apprehended such persons as they suspect for having or carrying or any wise conveying any Burthen or Bundles of any kind of Wood Underwood Poles or young Trees or Bark or Bast of any Trees or any Gates Styles Posts Pales Rales or Hedgwood Broom or Furze and any Constable Headborough c. by Warrant under the hand and Seal of one Justice c. may enter into the Houses Outhouses Yards Gardens or other places belonging to the Houses of such persons as they shall suspect to have any Woods underwoods c. and wheresoever they shall find any such to apprehend or cause to be apprehended the person suspected for cutting the same and those also in whose houses or other places belonging to them any such Wood Underwood c. shall be found to carry before some Justice of Peace of the County City c. and if the party cannot give a good account to the Justice how he came by the same Wood c. by the consent of the owner such as to satisfie the Justice or shall
by the Town where the offender was taken which must be laid on by way of Tax by the Constable Church-wardens and two or three other honest Inhabitants and where there are no such Officers then four of the principal Inhabitants of the Parish must lay on the Tax which being allowed under the hand of a Justice of Peace every Inhabitant must pay their proportion according to the Tax and if any refuse to pay the Constable Tythingman or other Officer by Warrant from a Justice of Peace may levy the same by Distress and after Apprisement by four Inhabitants there may sell the same rendring the overplus to the party so refusing 3. Jac. Ch. 10. Wingate's Stat. Tit. Prison Here if the Constable or other Officer that distrains be sued he shall plead Justification and upon verdict for or Non-suit of the Plaintiff he shall recover trebble Damages besides Costs of Suit 3. Jac. Ch. 10. CHAP. XXIX The Constables Office about Purveyance THe Constables duty about Purveyance upon the Stat. 36. E. 3. Ch. 2. 5. E. 3. Ch. 2. 20. H. 6. Ch. 8. 23. H. 6. Ch. 14. 2 3. P. M. Ch. 6. is now of little or no use for it is enacted by the 12. Car. 2. That from henceforth no Monies or other things shall be taken rated or levyed for any Provision Carriages or Purveyance for the King hiâ— Heirs c. or for the King Queen oâ— any of their Children for the time being or any of his Houshold of any Timber Fewel Cattel Corn Grane Malt Hay Straw Victuals Cart oâ— Carriage Oxen Horses Ploughs Wains or other Carriages or any other thinâ— from any Subject without the full anâ— free consent of the owner first obtaineâ— without menace or inforcement buâ— note that this aforesaid clause being found to be two prejudicial to the King if the Subjects might not be forced at reasonable prizes to furnish the King with Carriages it is therefore altered by the Stat. of the 13. Car. 2. Ch. 8. and is thus enacted That the Clerk or Chief Officer of the Kingâ— Carriages three days before his Majesties Arrival by Warrant from the Greencloth shall give notice in writing to two Justices of the Peace adjoyning to the place where his Majesty is to come to provide such a number of Carts and Carriages as the said Officer shall need for the work and to express the time and place where the said Carts and Carriages are to attend and then these Justices are to require the Country to provide the number of Carts and Carriages of four able Horses or four Oxen and two Horses a piece at six pence a mile for every mile they go laden to be paid them in hand at the place of lading and no carriage to be enforced to travel above one days Journey from the place where they receive their Lading and if any refuse or shall not be ready at the time and place not having good cause to shew to the contrary the said Justices upon due proof thereof and conviction of the offence by the Oath of two Witnesses or the Oath of the Constable or other Officer may by their Warrant cause to be levyed of the Goods of the offender forty shillings by distress and sale rendring the overplus to the owner 13. Car. 2. Ch. 8. If any Justice of Peace Officer or Constable shall take any Gift or Reward to spare any person from making such Carriage or shall impress more carriages then shall be directed from the Greencloth upon due proof and conviction thereof the parties offending shall forfeit ten pounds to be recovered by any person by Action of Debt in any of his Majesties Courts of Record And if any person shall take upon him to Impresse Horses Oxen Carâ—â— and Carriages other then the persons aforesaid upon conviction of the offence he shall suffer the punishment contained in the 12. Car. 2. Ch. 24. which see in the ensuing case of Pre-emption vide 13. Car. 2. Ch. 8. No Pre-emption shall be allowed to the King his Heirs or Successors noâ— to the Queen or any of the Children of the Royal Family in Market or out of Market but it is now lawful for all Subjects to dispose of their goods as they please and if any person shall make any Purveyance or Impress any Carriages otherwise than as is appointed by the 13. Car. 2. Ch. 8. in the two before-going Cases by order of the Green cloth or other things by colour of any Authority of Purveyance for the King c. contrary the 12. Car. 2. Ch. 24. then two or one Justice of Peace next adjoyning and the Constable of the place where such offence shall happen at the request of the party grieved shall commit the party offending to the Gaol until the next Sessions there to be Indicted and proceeded against for the same and the party grieved shall have his Action against the offender and therein shall recover trebble damages and trebble costs 12. Car. 2. Ch. 24. Two or more Justices of the Peace by Warrant from the Lord High Admiral of England or two or more of the Principal Officers or Commissioners of the Navy or of the Master of his Majesties Ordnance or the Lieutenant of his Ordnance are to provide Carriages with Horses Oxen out of the Country not being above 12. miles distant from the place of lading the owners of which Carriages or their Servants are to receive for every load of timber 12. pence per mile and for every Tun of other Commodities 8. pence per mile and such persons as refuse or neglect to make their appearance then upon Oath by the Constable or two credible Witnesses before the Justices c. such person refusing or neglecting forfeits Twenty shillings to be levied by Distress and Sale of his Goods and Chattels by Warrant from the said Justices Maior or other chief Officer or from the principal Officers or Commissioners of his Majesties Navy or Master or Lieutenant of his Majesties Ordnance respectively rendering the overplus if there be any the charge of Distraining being first deducted to the owner 14. Car. 2. Ch. 20. Note That no Horses Oxen Cart Wain or other Land carriage shall be inforced to travel more daâ—s Journey from the place where they receive their Lading or be compelled to continue longer in the imployment than shall be appointed by the order of the said Justices of Peace and that ready mony be made to the parties in hand at the place of Lading according to the Rates aforesaid 14. Car. 2. Ch. 20. If the Justices Maior chief Officer Constable or any person appointed shall take any Gift or Reward to spare any or maliciously charge or grieve any person through Envy c. they forfeit Ten pounds to be recovered in any of his Majesties Courts of Record And if any take upon them to Impress Horses Oxen Carts c. other then the persons aforesaid they are to be punished as is appointed by the 12. Car. 2. Ch. 24.
the Stat. 43. Eliz. Ch. 2. at the Assizes or Sessions of the Peace Dalt J. P. Ch. 40. fo 95. Resol Judges 1633. Quest 7. 27. An Apprentice put to a man in respect of his Farm when his Lease expireth the Apprentice shall go still with the Farm if the first Master be so pleased otherwise it is where an Apprentice is put to a man in regard of his ability or for other respects And where any differences are between the Officers and the man that is to receive an Apprentice about mony and what mony shall be given or otherwise here the Justices thereabouts or in their defaults the Sessions must end it Resol Judges 1633. Quest 2. Dalt J. P. Ch. 40. fo 95. 28. If the Parents of poor Children shall refuse to let their Children be put forth Apprentices without good cause shewed such Parents may be bound over by the Justices to answer their said Default and if the Children shall refuse the Justices may send them to the House of Correction there to remain till they be content to be bound and serve Dalt J. P. Ch. 40. 31. fo 96. 78. 29. Note That this binding must be by Indenture and may not well be done by a Verbal Agreement and the Indenture must be either between the Justices Churchwardens and Overseers or them and the Apprentice on the one part and him that takes the Apprentice of the other part as appears by the form of the Indenture in the end of this Chapter and he must be named by the name of Apprentice expresly or else he is no Apprentice though he be bound Crompt 184. Dalt J. P. Ch. 31. fo 82. 30. And this binding is as effectual to all purposes as if the Children were of full Age and did bind themselves by Indentures and Covenants and all such as are bound by the Overseers as abovesaid may safely be received and kept as Apprentices by their Masters 1. Jac. Ch. 25. 21. Jac. Ch. 28. Dalt J. P. Ch. 31. fo 83. 3. Car. 1. Ch. 4 5. El. Ch. 4. Crompt 184. b. 31. Note That mony given to put out poor Children Apprentices is to be imployed in Corporate Towns by the Corporations and in other places by the Parson or Vicar together with the Constables Churchwardens and Overseers of the Poor or the most part of them who shall not forbear or refuse to imploy the same acordingly in pain to forfeit 5. marks each of them so making default to be divided betwixt the Poor of the Parish and the Prosecutor 7. Jac. Ch. 3. Wingate's Stat. Tit. Poor People 32. And the party taking any mony with such Apprentice shall give good Security by Obligation to repay it at the end of seven years next ensuing the date of the said Obligation or within three months next after the end of the said seven years and if such Apprentice shall die within the seven years then within one year after his or her death and if the Master Mistress or Dame happen to die within the seven years then within one year after their death so as the mony may be imployed in placing the Apprentice with some other of the same Trade to serve out his time at the discretion of the parties trusted as aforesaid 7. Jac. Ch. 3. 33. And the mony so given shall be imployed within three months after the Receipt thereof and if there shall not be apt persons found in the places where it is given to be Apprentices it shall then be imployed in the Parishes next adjoyning by the Parties that are trusted with it in the place where it was so given and there also Bond shall be taken as afore is declared 7. Jac. Ch. 3. 34. Note That if the Master shall put his Apprentice into Apparel it is a Gift in Law and he cannot afterwards take it away though he should part with his Apprentice Bro. Transgr 93. 35. An Apprentice cannot be discharged from his Apprenticeship but by four Justices of the Peace at the least and in open Sessions or else by the Agreement of the Master and Apprentice and under his Masters hand in writing Dalt J. P. Ch. 31. fo 79. 36. The Form of these Indentures mentioned before is as followeth viz. This Indenture made the 29. day of September in the 20. year of the Raign of our most gracious Soveraign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. Annoque Dom. 1668. Witnesseth that J. W. and G. B. Overseers for the Poor in the Town of Kirk-Leaventon and J. R. Churchwarden of the same Town by and with the consent of Sir J. P. Knight and Baronet and T. M. Esq two of his Majesties Justices of Peace for the North-Riding of the County of York have by these Presents placed and bound J. T. being a poor fatherless Child as an Apprentice with E. H. of Kirk-Leaventon aforesaid Widow and as an Apprentice wâ—th her the said E. H. to dwell from the day of the Date of these Presents until she the said J. T. shall come to the Age of 21. years or be married which shall first happen according to the Statuâ—e in that case made and provided by and during all which time and Term the said J. T. shall the said E. H. her Dame well and faithfully serve in all such lawful business as the said E. H. shall put her the said J. T. unto according to her power wit and ability and honestly and obediently in all things shall behave her self towards her said Dame and Children and all the rest of the Family of the said E. H. And the said E. H. for her part promiseth covenanteth and agreeth that she the said E. H. the aforesaid J. T. in the Art and Skill of Housewifery the best manner that she can or may shall teach and inform or cause to be taught and informed as much as thereunto belongeth and she the said E. H. knoweth and also during all the said Term to find unto her said Apprentice Meat Drink Linnen Woollen Hose Shooes Washing and all other things needful or meet for an Apprentice In Witness whereof c. 37. Note If it be a Boy that is to be bound Apprentice to Husbandry or any other Trade then he may be bound till 24. years of Age as is shewed before in this Chapter CHAP. IV. Several Cases about Settlements and also touching Bastards c. 38. NOte There have been formerly many Controversies what time should be accounted a Legal Settlement but now all Objections in that point are answered for it is appointed by the 14. Car. 2. that 40. days shall be accounted a Legal Settlement but then this Settlement ought neither to be obscure interrupted nor brought about by practice 39. As touching Settling of Poor People Note That 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 Boulstr Rep. 1. Part.
2. Wingate's Stat. Tit. Poor 4. And such Sums as the Justices shall appoint for the Kings Bench and Marshalsey which must be 20 shillings yearly out of each County to each of them These Officers must pay over in convenient time to the Lord Chief Justice of England and Knight Marshal for the time being equally to be divided to the uses aforesaid taking their Acquittances for the same and in default of the said Chief Justice the next antientest Justice of the Kings Bench. Wingate ubi supra 43. Eliz. Ch. 2. 5. They are to pay yearly also by a Quarterly Payment such sums of mony as shall be set down by the Justices of Peace at their Quarter Sessions unto the Masters and Governours of the Houses of Correction the which if they do refuse or neglect to do the same Masters or Governours without any Warrant may levy the same of the Goods of the said Treasurers by Distress and Sale rendring them the overplus 7. Jac. Ch. 4. 6. And the Surplusage of the mony by the Treasurers received they must distribute and bestow for the Relief of the poor Hospitals of the same County and for the Relief of those that have sustained Losses by Fire Water the Sea or other Casualties according to the discretion of the Justices of the Peace of the same County Wingate's Stat. Tit. Poor 43. Eliz. Ch. 2. 7. These Officers at the end of their year at Easter Sessions are to give an account to the succeeding Treasurers of all their Receipts and Disbursements in the time of their Office And then also if they have any mony in their hands they are to deliver up the same to the succeeding Treasurers And if any Treasurer so elected as before shall wilfully refuse to take upon him the said Office of Treasurership or to distribute and give Relief or to account according to that order the Justices shall set down the Justices may Fine them at their Sessions which Fine must not be under three pounds 43. Eliz. Ch. 2. FINIS A Guide for Masters of the House of Correction and Governours of the Corporations or Work-Houses in London Westminster c. 1. THe Governour or Master of the House of Correction is an Officer appointed by the Justices of Peace at their Quarter Sessions to have the Oversight and Government of the House of Correction within their County or Riding of whom the Justices are to take sufficient Security for the continuance and performance of the Service belonging to his Office and the Justices are to set down what allowance they shall have for their pains which may be charged upon the County and for the Relief of such as shall happen to be weak and sick in their custody and for the Stock to set on work such persons as shall be committed thither and they may set down other orders concerning the same according to their discretions and the mony allowed to these Officers by the Justices as aforesaid is to be paid Quarterly before hand by the Treasurers of the County for the Relief of the Prisoners in the Kings Bench and Marshalsey and if the Treasurers refuse or neglect to pay it the Master of the House of Correction may levy the same or so much thereof as shall be unpaid upon the Treasurers Account by Distress and Sale of their Goods rendring back the overplus of the mony 39. El. Ch. 4. 7. Jac. Ch. 4. 2. Now the Office and Duty of this officer consists in these things following viz. To look well to the same House and the backside thereof and to all the Implements and Goods he doth find there and to look to all such lewd persons as he finds there at his entrance and to receive all such Rogues Vagabonds and idle or disorderly persons as by any of the Justices of Peace shall be sent thither Co. 2. Part. Inst fo 731. 3. He is also to keep safely all such as are committed to his custody and not to suffer them to wander abroad about the Country or to escape away without order of Justices 7. Jac. Ch. 4. Co. 2. Part. Inst fo 734. 4. He is also to see and take care that amongst the persons committed to his charge if there be any Sick or otherwise Impotent that stands in need of Relief that he do relieve them according to their necessity 7. Jac. Ch. 4. Co. 2. Part. Inst fo 732. 5. And for the rest that are able to work he is to see and take care that from time to time as long as they remain there they be set to work and labour for during that time they must in no sort be chargeable to the Country for any allowance either at their coming in or going forth or abode there for they are to have such and so much allowance only as they shall deserve by their own labour and work and if they will not work and perform their Task he is to punish them as he sees cause with putting on Fetters or Gives upon them and by moderate whipping of them 7. Jac. Ch. 4. Co. 2. Part. Inst fo 731. 6. And lastly at every Quarter Sessions the Master is to give an account of all such persons as have been committed to his custody And if he offend in any of these particulars before rehearsed or in any other Duty incident to his Office the Justices of Peace may impose such Fines and Penalties upon him for the same as they shall think fit and these Fines must be paid unto and must be accounted for by the Treasurer of the County Stock for the Kings Bench and Marshalsey c. 7. Jac. Ch. 4. Co. 2. Inst fo 734. 7. Now touching the Corporations and Work-houses in London and Westminster and within the Burrough Towns and places of the County of Middlesex and Surrey within the weekly Bills of Mortality and their Officers these things are to be observed following First it is ordained that there shall be one or more Corporation or Corporations Work-house or Work-houses within the Cities of London and Westminster and the Burroughs and places within the Counties of Middlesex and Surrey lying within the Weekly Bills of Mortality consisting of a President Deputy President and Treasurer and the Lord Maior to be President of the Corporation Work-house or Work-houses within the City of London and the Aldermen and 52 other Citizens to be chosen by the Common Counsel to be Assistants which President and Assistants or the major part of them are to choose a Deputy President and Treasurer and all other necessary Officers to execure the powers appointed by the Act and a President Deputy President Treasurer and Assistants are to be appointed by the Lord Chancellour or Lord Keeper of the Great Seal for the City of Westminster and the Liberties thereof for the Corporation or Corporations Work-house or Work-houses within the same and for the said places within the Weekly Bills of Mortality in the Counties of Middlesex and Surry a President Deputy and Treasurers are to