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
for want of Distress the Delinquents by any such Justice of the Peace may be committed to the Gaol there to remain until they have paid the same forfeitures but note the distresses in all these cases must be kept six days and if the parties do not within that time pay the forfeitures then the distress is to be apprized and sold and the overplus returned to the owners Wingate Abr. Stat. Title Alehouses c. 1. Jac. Ch. 9. 1. Car. 1. Ch. 4. Dalton's J. P. Chap. 7. fol. 28. Young's Vade Mecum Sect. 1 2 3. And if the Constable or other inferious Officer of the Parish shall neglect to execute the Justice Warrant against Townsmen or others for Tipling in any Inn Alehouse or Victualling house or against men for being drunk that is 3 s. 4 d. for Tipling and 5 s. for being drunk to be levied by distress on the offenders Goods and sale thereof after six days default of payment rendring the overplus to the owner and for want of distress and not being able to pay the Tipler is to be set in the Stocks for the space of four hours and the Drunkard six hours and if in any of these cases the Constable neglect to do his duty he forfeits ten shillings to the use of the Poor to be levyed upon his Goods by distress and sale as aforesaid these offences are to be inquired of within six months after they are committed And all Constables Churchwardens Headburroughs Tythingmen Alecunners and Sidemen may be charged on their Oaths to present the said Offences 4. Jac. Ch. 5. 21. Jac. ch 7. Young's Vade Mecum Sect. 4 5. Dalt J. P. Chap. 7. fol. 28. Wingates Abr. Stat. Title Alehouses c. If any keep an Alehouse without Licence he forfeits Twenty shillings to the use of the Poor which the Constable and Churchwardens upon Warrant from the Justice before whom the offence is proved shall levy by distress upon the Offenders Goods and for default of payment within three days after the said distress taken then the same is to be sold for to satisfie the penalty rendring the overplus to the owner and in case the Delinquent hath not wherewithal to satisfie the said Justice may commit him to the Constable to be openly whipped and if the Constable neglect to execute the Warrant or do refuse or do not execute upon the said Offender the punishment of whipping then the Justice may commit the Constable to the Gaol without Bail there to remain until the said offender shall be by him punished as aforesaid or until the Constable shall pay 40 s. to the use of the Poor of the Parish 3. Cap. Chap. 3. Wingate Alr. Stat. Tit. Alehouses c. Dalton's J. P. Ch. 7. fol. 31 32. If a common Innkeeper or Alehouse-keeper will not lodge a Traveller he proferring to pay ready money for his Victuals then in such case the Constable may cause such Innkeeper Alehouse-keeper c. to be Indicted at the Sessions or Assizes where he may be fined and imprisoned or the party grieved may have his Action of the case against the Innkeeper or Alehousekeeper but note they are not bound to lodge or find Victuals without ready mony first paid if it be required Co. 9. Lib. Rep. fol. 87. b. 10. H. 7 8. 4. H. 7. 22. 5. E. 4. 2. Dalton's J. P. Ch. 7. fol. 28. CHAP. IV. The Constables Office about Arms c. IF any person shall ride or go armed offensively before the Kings Justices or before any other the Kings Officers or Ministers during their Office or in Fairs or Markets or elsewhere by Night or by Day in Affray of the Kings People and breach of the Peace or wear or carry any Guns Daggers or Pistols charged in such case the Constable upon the sight hereof may seiz and take away their Armour and other weapons and cause them to be apprized and answered to the King as forfeited and carry them before a Justice to find Sureties for the Peace 2. E. 3. Ch. 3. 7. R. 2. 13. 20. R. 2. Ch. 1. 14. E 3. fol. 33. Co. 3. Part. Inst fol. 162. Dalt J. P. Ch. 9 fol. 35. 159. But note the Kings Servants in his presence Sheriffs and their Officers and other the Kings Ministers and such as be in their Companies assisting them in the execution of their Office and all others in pursuing Hue and Cry where any Felony or other offences aâ—ainst the Peace be done may lawfully bear Armour or Weapons 2. E. 3. Chap. 3. Co. 5. Lib. Rep. fol. 72. in St. John's Case 3. H. 7. fol. 1. Dalt J. P. Ch. 9. fol. 36. All High Constables Petty Constables and other Officers within their several Parishes are to be aiding and assisting to such persons as shall have warrant from the Lord Lieutenants or any two of their Deputies under their Hands and Seals to search for and seiz all Arms in the custody and possession of any person or persons whom the said Lieutenants or their Deputies shall judge to be dangerous to the Peace of the Kingdom and to secure the same and give account thereof to the said Officers but such search is to be made in the day time only between Sun rise and Sun set and not otherwise unless it be in Cities and their Suburbs Towns Corporate and Market Towns or houses within the Bills of Mortality in which places search may be in the night if the Warrant so direct no dwelling house of any Peer of the Realm is to be searched unless the Warrant be from the Kings Majesty under his Sign-Manual or in the presence of the Lieutenant or one of the Deputy Lieutenants of the said County or Riding and in all places and houses aforesaid where search is made in case of Resistance to enter with force and such Arms so seized where the Lieutenants or their Deputies or any two of them think may be restored to the owners again 14. Car. 2. Chap. 3. CHAP. V. The Constables Office about Forein Bone-Laces Cut-work Imbroidery c. THe Constables upon Warrant to them directed from the Justices of Peace or cheif Officers of the Cities Towns Corporate c. are to search within their respective Counties Cities Towns c. in the Shops being open Ware-houses and dwelling house of such person or persons who shall be suspected to have any Forein Bone Laces Cut-works Imbroideries Fringes Bandstrings Buttons or Needleworks made of Thred Silk or any or either of them made in the parts beyond the Seas and where they find any such to seize the same 14. Car. 2. Chap. 13. CHAP. VI. The Constables Office about Irish Cattel IF any great Cattel Sheep or Swine or any Beef Pork or Bacon except such as is for the necessary Provision of the respective Ships or Vessels in which the same shall be brought not exposing the same or any part thereof to Sale shall by any wise whatsoever be imported or brought from Ireland or any other part beyond the Seas
part thereof then by Warrant from Two Justices the Constable may levy the same upon the parties Goods that refuseth rendring the overplus to the owner if any be 14. Car. 2. Ch. 12. Note That all these persons following being above the Age of seven years Man or Woman Sole or Covert that wander from their usual place of abode abroad every where begging or if they do not beg yet if they wander and loyter abroad without a lawful Pasport and give no good reason for their Travail are accounted Rogues All Scholars and Seafaring men which beg wandring persons that use unlawful Games subtile Craft or Plays or pretending themselves to have skill in Physiognomy Palmestry or the like or to be Fortune-tellers all Proctors Patent gatherers except for Fire Collectors for Gaols Prisoners or Hospitals wandring abroad Fencers Bearwards Common Players of Enterludes and Fidlers or Minstrels wandring abroad All Juglers Tinckers Pedlers and petty Chapmen and Glass-men wandring abroad especially if they be not well known or have not a sufficient Testimonial all counterfeit Egyptians not being Felons all persons delivered out of Gaols which beg for their Fees or otherwise do travel beging such as go to or from the Bathes and do not pursue their Licence Souldiers and Mariners that beg and counterfeit a Certificate of their Commanders All Labourers which wander abroad out of the Parish and refuse to work for wages reasonably taxed having no living otherwise to maintain themselves and such as go with a general Pasport which is not directed from Parish to Parish all these are accounted Rogues Vagabonds and Sturdy Beggars And all Servants departing out of their Service to wit forth of one City Town or Parish to another or out of one Hundred or County to serve in another without a Testimonial or which shall be taken with a false one and those that are sick of the Plague and wilfully go abroad in company against the command of Officers are to be punished as Vagabonds but observe that none but the wandring Rogue is to be sent to the place of his birth or last habitation for those poor people which beg in their own Parish without the appointment of the Overseers or in the High-ways are to be sent to the House of Correction 39. Eliz. Ch. 4. 17. 43. Eliz. Ch. 2. 1. Jac. Ch. 7. 21. Jac. Ch. 28. 7. Jac. Ch. 24. 5. Eliz. Ch. 4. Poult Vag 2. 7. Resol Judges 13 15. Dalt J. P. Ch. 47. fo 123 124 125. Cro. 2. Part. Rep. fo 577. Note That the Wife and Children under seven years of age being vagrant must go and be placed with the Husband and if the Husband be dead then with the Wife where she was born or last dwelt and vagrant Children above seven years of Age must be sent to the place of their birth and if the vagrant Parents with their Children under seven years of Age be placed at the place of birth of the Parents or at the last place of dwelling as the case falls out if afterwards the Parents or either of them die or run away yet the Children once settled must remain there still and may not be sent to the place of their birth though afterwards they attain to the age of seven years and the Wife being but a vagrant Rogue ought to be sent to the Husband though he be but a Servant in another Town and the Rogue whose place of birth or dwelling cannot be known having Wife or Children under seven years of age they must go with the Husband to the place where they were last suffered wilfully to pass through unpunished where the Children must be relieved with the work of their Parents though their Parents be committed to the House of Correction 39. Eliz. Ch. 4. Poult Vag 2. Resoluc of the Judges Sect. 4 5. Dalt J. P. Ch. 47. fo 125. Now the Form of a Testimonial for the conveying a Rogue that hath been banished is as followeth JOhn Roo a Sturdy Vagrant Beggar of tall stature gray haired and blind of the left Eye aged about fifty years was this 2d day of February in the Twentieth year of the Raign of our most Gracious Soveraign Lord King Charles the Second of England c. openly whipped at Kirk-Leaventon in the County of York according to Law for a wandring Rogue and is assigned to pass forthwith from Parish to Parish by the Officers thereof the next straight way to A. in the County of Westmerland where as he confesseth he was born and he is limited to be at A. aforesaid within Ten days now next ensuing at his peril Given under the Hands and Seals of J. H. Minister of Kirk-Leaventon aforesaid and J. M. Constable there Wingate's Stat. Tit. CHAP. XXXIV The Constables Office about Profane Swearing IF any person or persons shall profanely Curse or Swear for every time so offending they forfeit Twelve pence the offence to be proved within Twenty days after it is committed by the Oath of Two Witnesses or by confession of the party before any Justice of Peace or Head Officer of any City or Town Corporate who thereupon may issue out their Warrant to the Constables and Churchwardens and Overseers of the Poor of that Parish where the said offence shall be committed and the said Constables c. are to levy the sum and sums of mony by distress and sale of the offender Goods rendring the overplus if any be to the owner 21. Jac. Ch. 20. 3. Car. 1. Ch. 4. Wingate's Stat. Tit. Swearing Dalt J. P. Ch. 55. fo 138. Note Where no Distress is to be had the offender if above Twelve years of age shall by Warrant as aforesaid be set in the Stocks Three whole hours but if the offender be under the age of Twelve years and shall not forthwith pay the said sum of Twelve pence per Oath then he or she is to be whipped by the Constable or by the Parent or Master in the Constable's presence 21. Jac. Ch. 20. 3. Car. 1. Ch. 4. Dalt J. P. Ch. 55. fo 138. CHAP. XXXV The Constables Office about Profaning the Sabbath THe Constable by Warrant from a Justice of Peace or the chief Officer of any City Borough or Town Corporate under their Hand and Seal against such as use unlawful Games on the Sabbath day as Bull-baiting Bear-baiting Enterludes or other unlawful Exercises within their own Parish or out of their own Parish at any such Sports whatsoever may levy the penalty of Three shillings and Four pence by Distress and Sale of the Offenders Goods rendring the overplus to the owners and in default of Distress the Constable is to set the Offenders in the Stocks by the space of Three hours Note that the party offending in these Games must be questioned within a month after the offence committed 1. Car. 1. Ch. 1. Dalt J. P. Ch. 23. fol. 63. If any one on the Sabbath day keep or be present at any Wrestlings Shootings Bowlings Ringing of Bells for pleasure
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
upon pain of 12 d. for every default 14. Car. 2. Ch. 2. 43. Every Justice of either Bench Barons of the Exchequer or Justices of Peace in the places aforesaid within their several Limits may upon their own knowledge or view confession of the Party or proof of one Witness upon Oath convict any person c. of the offences aforesaid whereby they shall incur the penalties aforesaid one moiety to the repairing and cleansing of the Street c. the other to the Discover but in case the Justice himself convict the party upon knowledge or view of himself then all the penalty is to be imployed for the repairing of the Street or place where the offender lives And these Forfeitures are to be levyed by Distress and Sale of the Offenders Goods by Warrant under the Hand and Seal of any such Justice c. rendring the overplus to the party and for Default of Distress or Non-payment within six days after demand or notice in writing left at the offenders dwelling house by the Constable or other Officer the offender not being a Peer of the Realm may by such Justice be committed to the Common Gaol there to remain till payment 14. Car. 2. Ch. 2. 44. Within London and the Liberties thereof the Scavengers Rakers and such like Officers are to be elected and such payments made by the Parishioners to them for cleansing the Streets as hath been used by custom and in Westminster also they are to observe their customs for Election and Payments as aforesaid and in all other Parishes and places upon every Tuesday or Wednesday in Easter week the Constables Churchwardens and Overseers of the Poor and Surveyors of the High-ways of every Parish aforesaid giving notice or calling together the Inhabitants of the Parish that have born such Office they or the greater number of them shall appoint Two Tradesmen of their Parishes to be Scavengers for the Streets c. of each Ward for that year following which persons being appointed and confirmed under the hands of two Justices of Peace within their Limits c. are within seven days after to take the Office upon them on pain of twenty pounds upon every Refuser and if after this others be chosen and refuse as aforesaid they are to suffer the like penalty which penalties are to go towards the repairing of the Streets of the Parish where c. to be levyed by Distress and Sale of the Offenders Goods by Warrant from any Justice of Peace within the limits c. directed to the Constables or other Officers or â—â—â— two of them rendring the overplus to the owners and for want of Distress or Non-payment six days after demand the Offenders to be committed by any such Justice to the Common Gaol there to remain till payment 14. Car. 2. Ch. 2. 45. Within twenty days after Election and Confirmation as aforesaid the Constables and other Officers and Inhabitants as aforesaid or the greater number of them shall set a Rate according to the pound Rate to be imposed upon the Inhabitants of the Parish Ward c. for the year following which being allowed and confirmed by two Justices of the Peace of the place aforesaid respectively shall be yearly paid by every Inhabitant upon demand thereof by the Beadle of the Parish or other Officer appointed to collect the same and in case of refusal two such Justices may grant their Warrant to levy the same by Distress and Sale and for want of Distress to imprison the offender as aforesaid not being a Peer of the Realm till payment be made 14. Car. 2. Ch. 2. 46. The Rakers and Scavengers eveâ—â— day in the week except Sundays and Holydays must bring Carts Dung-pots or other fitting Carriages into the Streets within their respective Wards Parishes and Divisions where such Carts c. can pass and at and before their approach by a Bell Clapper or otherwise shall make a loud noise and give notice of their coming and so into every Court c. where Carts cannot pass and abide and stay there a convenient time that all persons concerned may bring forth their respective Dust Ashes c. to the said Carts all which the said Rakers and Scavengers shall carry away on pain of 40 shillings for every offence and neglect respectively 14. Car. 2. Chap. 2. CHAP. V. Some Particulars gathered out of the Acts 15. Car. 2. Ch. 1. 16 17. Car. 2. Ch. 10. about the repair of the High-ways in the Northern Post Road from London to York c. 47. FOr the amendment of the ancient High-way and Post-road leading from London for many miles in the County of Hertford Cambridge and Huntington to York and so into Scotland and likewise from London into Lincolnshire and from the City of Norwich Sâ— Edmunds-Bury and the Town of Cambridge to London and from London to Newmarket and so into Norsolk and Suffolk beginning at Puckridge in Hertfordshire and so to Barley in the same County it is provided as followeth 48. The Justices of Peace at their Easter Sessions yearly for the respective Counties aforesaid from time to time are to nominate and appoint nine sufficient able persons residing and inhabiting within the said several Counties to be Surveyors of the several places in the ways aforesaid for the year then next following the Justices for the County of Hertford to appoint the Surveyors for the â—â—gh-way lying in the several Towns and Parishes within the said County and Justices for the Counties of Cambridge and Huntington respectively to do the like and the Justices and these Officers are not to meddle out of their respective Counties After the choyce of the Surveyors the Justices are to give them notice in writing and if they neglect or refuse the Office the Justices at their Sessions may set any Fine under 10 pounds upon every such person so refusing or neglecting and in case any one so chosen shall die or shall be discharged of his Office then any two or more Justices of the County near to the High-way and places may appoint some other fit person in his place and give him notice thereof under their Hands and Seals and if he refuse or neglect it then to be under the same penalty as the Refusers of them that were first elected 15. Car. 2. Ch. 1. 49. The Surveyors within a week after noâ—ice given them of the râ— choyce having no lâ—wful impediment to beallowed by the Justices that do choose them are to meet in each of their Counties respectively in some convenient place of each County appointed by the Justices at their Quarter Sessions to veiw and survey the same ways and to consider what Reparations shall be needful and they are in each County to provide Stones Gravel and other materials and necessaries for the work 15. Car. 2. Ch. 1. 50. Any three of these Surveyors for each County being met together as aforesaid with the approbation of two or more Justices of the County living near to the
offenders Goods and Chattels all such penalties rendring the overplus to the owner as shall be forfeited by any person upon the Act of the 14. Car. 2. Ch. 2. for repairing the High-ways and Sewers and for paving and keeping clean the Streets in and about the Cities of London and Westminster c. and for default of distress or non-payment of the said penalties within six days after demand thereof or notice in writing left at the house or dwelling place of the offender by the said Constable or other Officer the said Offender not being a Peer of the Realm may be committed to the Common Gaol of the said County or City respectively by the Warrant of any such Justice under his Hand and Seal there to remain without Bayl or Mainprize until payment 14. Car. 2. Ch. 2. CHAP. XVIII The Constables Office about Stoned Horses NOne ought to put to feed upon Forrests or Commons except they be Commons where Mares are not usually kept any Stoned Horse being above Two years old and not Fifteen hands high from the lower part of the hoof to the upper part of the wither every hand containing four inches Standard measure in pain to forfeit the same Horse 32. H. 8. Ch. 13. If any Stoned Horse of lesser Stature be put to feed in any such Common unless it be in the Fen-grounds of the Isle of Ely and of the Counties of Cambridge Huntington Northampton Lincoln Norfolk or Suffolk where they need be but Thirteen hands high any man may seize them to his own own use so that first by the assistance of the Keeper of the ground or Constable Bayliff Headborough or other such Officer of the Parish adjoyning such Horse be brought to the next Pound and there by such Officer in the presence of three other sufficient men he be measured and found lower than the Statute 32. H. 8. Ch. 13. 8. Eliz. Ch. 8. Wingate Abr. St. Tit. Horses Those that refuse to Measure or to be present at Measuring do forfeit Fotty shillings a piece for every such default to be divided between the King and the Prosecutor but note that an Horse that makes an Escape into such Common shall not be questioned so that he stay not above Four days after notice thereof at the owners House or in his Parish Church 32. H. 8. Ch. 13. Forrests and Common grounds must be driven yearly at Michaelmas or within Fifteen days after by the Keepers Constables or other Officers abovesaid in pain of Forty shillings and they have power to drive them at any other time of the year at their pleasure and such likewise have the owners of the ground And if upon the drift any unlikely Tits shall he found they may be killed 32. H. 8. Ch. 13. Wingate Abr. Stat. Tit. Horses Note that this Act of the 32. H. 8. Ch. 13. is not to extend to the County of Cornwal 21. Jac. Ch 28. CHAP. XIX The Constables Office about Hue and Cry THe Constables and Officers of every Town to which Hue and Cry shall come ought to search in all suspected houses and places within their Limits and as well the Officers as all other persons which shall pursue the Hue and Cry may attach and stay all such persons as in their search pursuit they shall find to be suspicious and thereupon shall carry them before some Justice of Peace of the County where they are taken to be examined where they were at the time of the Felony committed and if any Default be in the Officers they may be fined by the Justices for their Neglect Dalt J. P. Ch. 28. fo 75. In case of a Robbery where Damages are recovered against one or some few Inhabitants of the Hundred and the rest refuse to contribute thereunto in such case two Justices of the Peace Quor un dwelling within or near the Hundred may for the levying thereof set a Tax upon every Parish within that Hundred according to which the Constables and Headboroughs of every Town must Tax the particular Inhabitants within their Constableries and then levy the mony upon such as refuse by Distress and Sale of their Goods restoring them the overplus and after the mony is gathered they are to deliver the same to the Justices or some of them that made the Rate within ten days 27. Eliz. Ch. 13. Wingate's Abr. Stat. Tit. Robbery Poult Hue and Cry 6. Dalton's J. P. Ch. 48. fo 132. The Hundred where fresh suit shall cease shall answer half the Damages to the Hundred where the Felony was committed to be recovered in any Court at Westminster in the Name of the Clerk of the Peace of the County where the Felony was committed and here the death or change of the Clerk of the Peace shall not abate the Suit to be taxed and levied as aforefaid 〈◊〉 Eliz. Ch. 13. Wingate's Stat. Tit. Robbery Note that the Hundred is not chargeable for the Robbery when any one of the Malefactors shall be apprehended or when the Action is not prosecuted within one year after the Robbery committed and note also that the Hue and Cry shall not be deemed Legal unless the pursuit be both by Horse and Foot Wingate's Stat. Tit. Robbery â—rac Li. 3. fo 121. vide Co. 7. Lib. fo 6 7. 23. Eliz. Dyer fo 370. Dalt J. P. fo 133. He that goeth not at the command of the Sheriff or Constable at the cry of the County that is upon Hue and Cry to arrest Felons after Attainder shall be grievously fined and imprisoned West 1. Ch. 9. Co. 2. Part. Inst fo 172. 2. H. 7. 15 b. 5. H. 7. 5. a. CHAP. XX. The Constables Office about Labourers and Servants THe Constable in the time of Hay and Corn-Harvest upon the request to him made by any man who wants Labourers for the avoiding of the loss of Corâ— Grain and Hay may cause all such Artificers as he shall see meet to labour to serve by the day for Mowing Reaping or otherwise for the getting in of Corn or Hay abroad according as they see them fit and able to perform and if such persons shall refuse to work after they are requested thereunto by the Constable the Constable may then set them in the Stocks by the space of two days and one night and if the Constable neglect to perform his Office â—e forfeits 40. shillings 5. Eliz. Ch. 14. Wingate's Stat. Tit. Labourers And it is also provided by the said 5. Eliz. that no person retained in Husbandry or in any Arts appointed by that Statute shall depart after the time of such Retainer expired out of the City Town or Parish where he last served to serve in another without a Testimonial to wit in a Town Corporate under the Handâ— and Seals of the Magistrate and two House-holders there and in the Country under the hands and Seals of the Constable or Constables and Two Housholders of the Town or Parish where he last served which Testimonial must be Registred by the Minister for
Mask Wake Church-Ale Dancing Games Sport or pastime whatsoever they forfeit Five shillings if he or she be above Fourteen years of Age and if under that Age then Twelve pence by him that hath the government of the party to be levyed by Sale and Distress by the Constable by Warrant from a Justice of Peace or chief Officer as aforesaid and for want of Distress to be set Three hours in the Stocks and every Carrier going with his Horses on this day or Wagoner Carter or Waynman going with any Wagon Cart or Wayn or Drover with his Cattel forfeit Twenty shillings for every offence to be levyed also by Distress and Sale of his Goods if he be questioned within Six weeks after the offence done but there must be but one Twenty shillings forfeited for one Journey although they pass through several Parishes and this Twenty shillings that Parish shall have where the Distress is first taken 3. Car. 1. Ch. 1. Dalt Ch. 50. fo 134. And if any Butcher by himself or any for him shall kill or sell any Victuals upon the Lords day he forfeits Six shillings and Eight pence to be levyed by the Constable by Distress and Sale as aforesaid upon Warrant from a Justice of Peace c. the offence to be questioned within Six weeks after it is committed and the parties to be convicted before any Justice of Peace Maior or head Officer c. upon their own view proof of Two Witnesses or more or the parties own confession and the Justice Maior c. may reward the Informer with a Third part of the penalty 3. Car. 1. Ch. 1. Dalt J. P. Ch. 50. fo 134. CHAP. XXXVI The Constables Office about Tobacco Planting ALl Sheriffs Justices of Peace Maiors Bayliffs Constables and every of them upon Information or Complaint made to them or any of them by any of the Officers of the Customs or by any other person or persons whatsoever that there is any Tobacco set sown planted or growing within their Jurisdictions or Precincts except such as is growing in any Physick Garden of either University or in any other private Garden where the quantity of ground planted exceeds not one half of one Pole in any one place or Garden they are within Ten days after such Information or Complaint to cause to be burnt plucked up consumed or utterly destroyed all such Tobacco so set sown planted or growing 12. Car. 2. Ch. 34. And if any person or persons shall resist or make forceable opposition against any person or persons in the due execution of this Office as abovesaid every person or persons for every such offence shall forfeit the sum of Five pounds to be recovered in any Court of Record and be also committed to the common Gaol of the County where the offence was committed there to remain without Bayl or Mainprize until he she or they do enter into Recognizance to his Majesty his Heirs and Successors with Two sufficient Sureties in Ten pounds penalty not to do or commit the like offence again 12. Car. 2. Ch. 34. 15. Car. 2. Ch. 7. CHAP. XXXVII The Constables Office about Weights and Measures EVery City Borough and Market Town within England ought to have common Weights and Measures sealed at which the Inhabitants themselves may freely weigh and all Forreiners must pay for every Draught under 40. pound a Farthing for a Draught between Forty and an Hundred must pay an half Peny and for a Draught betwixt an Hundred and a Thousand they must pay a peny wherewith the Weights are to be maintained and the Officers which attend that Service are to be rewarded at the discretion of the said Inhabitants 8. H. 6. Ch. 5. Wing Stat. Tit. Weights and Measures Every City which wants such Weights and Measures forfeits Ten pounds to the King every Borough Five pounds and every Market Town Forty shillings and the chief Officers of such places whether they be Constables Bayliffs or others are upon Request to them made to mark and sign such Weights and Measures to any of the Kings Subjects taking for the marking of every Bushel one peny and none ought to sell with any other Weights or Measures but such as are so marked 8. H. 6. Ch. 5. 11. H. 7. Ch. 4. Wingate's Stat. Tit. Weights and Measures Maiors and chief Officers are c. are at least once every year to view all Measures and Weights within their Jurisdiction and break or burn them which they find defective and also may inflict punishment upon the Offenders for the first offence Six shillings Eight pence for the second Thirteen shillings and Four pence and for the third offence Twenty shillings and besides may adjudge them to the Pillory Wingate's Stat. Tit. Weights and Measures 11. H. 7. Ch. 4. CHAP. XXXVIII The Constables Office about Watches THe Constables c. of every Town are to cause Night Watch to be kept from Ascension till Michaelmas in their Towns which Watch must continue from Sun set to Sun rise and may be by two or four men according to the greatness of the Town 13. E. 1. Ch. 4. Dalt J. P. Ch. 60. fo 140. Poul Watch. 1. These Watchmen are to apprehend all Strangers that pass by them in the Night and must examine them and if they find cause of suspicion in them then they may keep them till the Morning and if the parties refuse to obey the Arrest then the Watchmen may levy Hue and Cry for the taking of the said Night-walkers or the Watchmen may justifie the beating of them upon their resistance and set them in the Stocks till the morning and then if no suspicion be found in the parties they may let them go quit but if they find suspicion in them then the Watchmen may deliver them to the Constable who is to convey them to a Justice of Peace to be examined and to be bound over or committed until they be acquitted according to due form of Law Dalt J. P. Ch. 60. fo 140. Ch. 109. fo 292. 5. E. 3. 14. 5. H. 7. 5. a. Lamb. Office Const These Watchmen are also to apprehend Rogues and Vagabonds Night-walkers Evesdroppers Scouts and such like and such as go armed c. And note that these particulars following have been held for Law concerning Watches First That the Watch must be by men of able body and sufficiently armed and that no man is compellable to watch except â—â—e be an Inhabitant within the same Town Secondly That such as are Inhabitants within the Town are not compellable to watch at the will of the Constable but only when their turn cometh according to the use and custom of the place which most commonly is by turn or house Thirdly If a man who is compellable to watch shall contemptuously refuse to watch upon the command of the Constable it hath been held by some that the Constable in such case ex Officio may set the party in the Stocks for his contempt but the safest way is for
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.
of all such mony and of all such Stock as aforesaid any two Justices Quor unus may commit them to the Common Gaol there to remain without Bayl till they have made a true account and satisfied and paid to the new Overseers so much of the said Sum or Stock as upon the said Account shall be remaining in his or their hands c. And if they make a false account they may be bound over to the Assizes or Sessions and there an Indictment may be preferred against them Dalt J. P. Ch. 40. fo 96. 79. Also if any of the Churchwardens or Overseers shall refuse or deny to pay and deliver over to the new Overseers the Arrearages Sums of Mony or Stock which shall be in their hands and due and behind upon their Account to be made as aforesaid any two such Justices of Peace may make their Warrant to the present or subsequent Churchwardens and Overseers or any of them to levy the same by distress and sale of the Offenders Goods rendring to the Parties the Overplus and in default of such Distress any two Justices of the Peace may commit him or them to the Common Gaol there to remain without Bayl until payment or delivery of the said Sum Arrearages and Stock be made 43. El. Ch. 2. Dalt J. P. Ch. 40. fo 96. 80. If any such Stock shall be in the hands of any of the Poor to work and such Poor shall refuse to deliver the same two such Justices may make the like Warrant to levy the same by distress and for lack thereof may commit such Offenders to the Gaol as aforesaid Dalt J. P. Ch. 40. fo 96. 81. And for these aforesaid and all other Negligences of the Churchwardens and Overseers in the execution of their Office about the Poor c. every of them for every default he makes forfeits 20. s. which Default must be proved either by the Offenders own Confession or by Examination of Witnesses and it is to be levyed by the new Church-wardens and Overseers or one of them by Warrant from two Justices as aforesaid by Distress and Sale of the Offenders Goods and for want of Distress two such Justices may commit the Offenders to the Gaol there to remain without Bayl till the said Forfeitures shall he paid which said Forfeitures are to be imployed to the use of the Poor of the same Parish Dalt J. P. Ch. 40. fo 97. 43. Eliz. Ch. 2. FINIS A GUIDE FOR SURVEYORS OF High-ways and Bridges CHAP. 1. Of the Choyce of these Officers how many Sorts of ways there are with some few General Cases concerning High-ways 1. THese Supravisors or Surveyors of the High-ways are Officers yearly chosen by the Constables and Churchwardens of every Parish and by the 14. Car. 2. the Churchwardens Constables or Tythingmen of every Parish Town or Hamlet for the time being are upon Monday or Tuesday in Easter week with the advice of the major part of the Inhabitants to choose two or more sufficient Inhabitants of the Parish Town or Hamlet to be Surveyors of the High-ways for the year following and they are to give notice thereof in writing to the persons chosen next Sunday after and for default of such choyce the Constables Churchwardens and Inhabitants of every Parish Town or Hamlet shall forfeit and loose 5. l. 14. Car. 2. Ch. 6. 2. And after choyce made of these Officers as aforesaid and notice given them they are forthwith to take the Office upon them in pain to forfeit 20 s. 2. 3. P. M. Ch. 8. Wingate's Abr. Stat. Tit. High-ways 3. The Constables and Churchwardens are then also to appoint six days betwixt then and Midsummer to be set a part for the amendment of the High-ways and must give publick notice there of in the Church the next Sunday after Easter 5. El. Ch. 13. 23. P. M. Ch. 8. Wingate's Abr. Stat. Tit. High-ways 4. Note That there are three kind of ways to wit first a Foot way called Iter quod est jus eundi vel ambulandi hominis Secondly a Foot way and an Horse way called actus ab agendo and this vulgarly is called a Pack or Drift way and is both Foot way and Horse way Thirdly a Cart way c. called via or Aditus and this containeth the other two and a Cart way also for this is jus eundi vehendi vehiculum jumentum ducendi and this is twofold to wit Via Regia the Kings High-way for all men communis Strata belonging to a City or Town or between Neighbours Dalt J. P. Ch. 26. fo 67. 5. Note That the Kings High-way or via Regia leading either to the Market or from Town to Town the Freehold and soil thereof and the interest of all Trees and other such Profits thereupon growing do belong to the Lord of the Soil or the Lord of the Mannor and therefore such Lords are chargeable to cut down the Trees and Bushes growing in such High-ways and it is called the Kings High-way for that the King at all times hath therein passage for Himself and his People and may punish all Nusances therein though otherwise the Interest be in the Lord to bring his Action for digging therein or other like Trespass there done Dalt J. P. Ch. 26. fo 68. and see Râ—lls Cases 1 part fo 392. 2. E. 4. 9. 8. E. 4. 9. 17. E. 3. fo 43. Bro. Chemine 10. 11. Leet 3. 27. H. 6. fo 9. 8. H. 7. fo 5. 6. Generally the owner of the Soil on both sides of the way shall have the Trees growing in the way But the Lord of a Rape within which there are Ten Mannors may prescribe to have all the Trees growing within any High-way within such Rape although the Mannor or Soil adjoyning belong to another person for the usage and taking of the Trees is a good badge of Ownership P. 11. Jac. B. R. between Sir Tho. Pellam Wiat Blake Rolls Cases 1. Part. fo 392. 7. Where any person shall inclose any part of the High-way such person shall be chargeed to amend the High-way next adjoyning to the said Inclosure And if one man have inclosed on one side and another man on the other side they shall be both charged to mend the same way Dalt J. P. Ch. 26. fo 69. and see Tr. 10. Car. 1. B. R. Sir Edward Duncomb's case Cro. 3. Part. Rep. 6. Jac. 19. Jac. so Resolved Rolls Cases 1. Part. fo 390. 8. But otherwise generally High-ways must be sufficiently amended at the charge of the whole Town And it is not enough for the Inhabitants to do their full Six days work yearly except their ways be all well and sufficiently repaired thereby For if all their said ways be not sufficiently amended the whole Town may be Indicted therefore and if Six days work in the year will not serve to amend them the Surveyors may yea must appoint more days Dalt J. P. Ch. 26. fo 69. 14. Car. Car. 2. Ch. 6.
much to be recovered by Distress and Sale of their Goods 15. Car. 2. Ch. 1. CHAP. VI. Several Cases about the Repairs of Bridges with the names of the Statutes which concern particular Bridges 61. WHere a Common Bridge in the Kings High-way is in decay and that it cannot be proved or known who nor what Lands are chargeable to the repairing thereof in this case Four Justices of the Peace whereof one to be of the Quorum within the Shire or Riding wherein such decayed Bridges be and if they be in a City or Town Corporate then four such Justices of Peace there may within the limits of their several Commissions call before them the Constables or two of the most honest Inhabitants of every Town and Parish within the Shire Riding City or Town Corporate wherein such Bridge or any parcel thereof shall happen to be and the Justices upon the appearance of the Constables or other Inhabitants and with their assents may tax every Inhabitant in any such City Town or Parish within their limits to such reasonable sum of mony as by their discretions they shall think convenient aswell for the repairing of such Bridge and also for the making and repairing of the High-ways by the space of 300 Foot next adjoyning to the ends of any such Bridge 22. H. 8. Ch. 5. Dalt J. P. Ch. 13. fo 40. Co. 2. Part. Inst fo 701. 702. 62. But note where the Franchise City or Burrough is a County of it self and hath not four or more Justices of the Peace whereof one or more are of the Quorum in this case no other Justices of the Peace of any Shire or County have any power to meddle there by this Act but such decay must be reformed by the Common Law by such Remedies as they were before the making of this Statute of 22. H. 8. Co. 2. Part. Inst fo 702. 63. And note that this Taxation ought not to be made by the Justices without the consent of the Constables or Inhabitants nor by them without the Justices and this Tax ought to be upon every Inhabitant in particular and not to be set upon the Hundred Parish Town c. for then one or few might be distrained upon for the whole Co. 2. Part. Inst fo 704. 64. After such Taxation made as aforesaid the said Justices of Peace shall cause the Names and Sums of every particular person so by them Taxed to be written in a Roll indented in Parchment for every Hundred and sealed with their Seals Co. 2. Part. Inst fo 704. Dalt J. P. Ch. 13. fo 40. 65. And the said Justices may make two Collectors of every Hundred for the Collecting of all such Sums of Mony by the said Justices set and taxed which Collectors receiving the one part of the Roll indented have power thereby to collect all the Sums of Mony therein contained and if refusal be made upon demand then to distrain and sell such distress rendring the overplus to the owner if any be Dalt J. P. Ch. 13. fo 40. 22. H. 8. Ch. 5. Co. 2. Part. Inst fo 705. 66. The said Justices also are to appoint two Surveyors who shall see such decayed Bridges and ways repaired and amended from time to time as often as need shall require to whose hands the Collectors must pay the monies by them received Dalt J. P. Ch. 13. fo 40. 22. H. 8. Ch. 5. 67. And the said Collectors and Surveyors and their Executors and Administrators every of them shall from time to time make a true Account to the said Justices of Peace of the Receipts Payments and Expences of the said Sums of Mony and if any of them refuse so to do then the said Justices of Peace from time to time by their discretions may make out process against the said Collectors and Surveyors their Executors and Administrators by Attachment Precept or Warrant under their Hands and Seals returnable at their General Sessions of the Peace and the said Justices may allow such reasonable Costs and Charges to the said Surveyors and Collectors upon their Account as to them shall seem convenient 22. H. 8. Ch. 5. Dalt J. P. Ch. 13. fo 40. 68. If any such Bridge be wholly in a City or other Corporate Town the Inhabitants of the said City or Corporate Town must repair it and where such Bridge lies out of such City or Corporate Town the same must be made by the Inhabitants of the Shire or Riding within which the same Bridge shall be and if part of the Bridge be in one Shire or Riding City or Corporate Town and part in another then every of them shall be charged to make and repair such part as shall lie and be within their own limits 22. H. 8. Ch. 5. Co. 2. Part. Inst fo 702. Dalt J P. Ch. 13. fo 41. 69. Bâ—t otherwise no Village or Freeman shall be compelled to make any Bâ—idge but such as of old time and by Right they were wont to make Magna Charta Ch. 15. 70. By the Common Law some persons were bound to repair Bridges Ratione tenurae suae Terrarum c. and this was binding into whose hands soever the Estate did come but they which have Lands on the one side or on the other or on both are not bound in Common Right to repair the same 44. E. 3. 31. 21. E. 4. 46 5. H. 7. 3. Crompt 186. 8. H. 7. 5. b. Co. 2. Part. Inst fo 700. 71. If a man which holdeth 100 Acres of Land ought to repair a Bridge by tenure of the same do alâ—en 20 Acres thereof to one man and 10 Acres to another man in such case every owner or occupier of such lands must be charged proportionably for their said Lands Regist 268. a. F. N. B. 235. B. Co. 2. Part. Inst fo 700. 72. Again some by the Common Law were bound by Prescription to repair a Bridge but herein their is a diversity between Bodies Politick or Corporate Spiritual or Temporal and Natural persons For Bodies Politick c. may be bound by usage and prescription only because they are local and have a perpetual incession and never die but a Natural person cannot be bound by the Act of his Ancestor without Assets or some profit to be taken therefore 21. E 4. fo â—8 b. â—7 Ass 8. Crompt 187 Co. 2. Part. fo 700 Dalt J. P. Ch. 13. fo 41 7â— B Common Right Bridges are to be amenâ—ed by the whole County if it be not known who ought to do the same otherwise Pasch 10. E. 3. 28 29. Co. 2. Part. Inst fo 701. Crompt 186. b. â—r 10. Car 1. the case of Longford Brâ—â—ge Rolls Cases 1. Part. fo 368. Cro. Râ—p 3. Part the same Case 74. It a man Eâ—ect a Mâ—â—l for his own particular profit and cut a new course for the waâ—er to come to it and makes a new Bridge over the same and the Kings Subjects use to ride over the same as over a common