after the stealing at the Parish or Corporation where they shall find him and make proof within 40 days after by two sufficient Witnesses before the next Justice of Peace of the County or before the Head Officer in a Corporation that the Horse was theirs and repay to the Buyer such price for the Horse as the same Buyer shall upon his own Oath before such Justice or Officer testifie he paid for him 31 El. c. 12. wingates Stat. Tit. Fairs and Markets Co. 2 part Inst f. 718. If a stoln Horse be not sold in Fair or Market according to the Rules aforesaid then such Sale does not alter the Property of the right Owner but he may seize or replevy him wheresoever he finds him 31 El. c. Wingate ubi supra Co. 2 part Inst f. 718. No Person shall buy any Oxen Ronts Steers Kine Heifers Calves Sheep Lambs Goats or Kids alive and sell the same again unless he keep the same five Weeks in his own Grounds or where he hath Herbage by Grant or Prescription upon pain to lose double the value of the Cattle one Moiety to the King the other to the Informer 5 Ed. 6. c. 14. By the Stat. 22 Car. 2. c. 8. There shall be no Bushel but the Winchester Bushel containing eight Gallons and none shall sell by other Measure on pain of 40 shillings If the Clerk of the Market of the Kings House or others authorized to mark or seal Measures â—eing required shall neglect or refuse to seal or mark any Bushel Half Bushel or Peck duly gauged he forfeirs 5 l. for the first Offence and for every other Offence 10 l. or if the Kings Clerk of the Market of his House take more than his Fees or if any other take above one peny for sealing a Bushel one half peny for the Half Bushel or Peck or more than one farthing for any lesser Measure he incurs the Penalties in the Stat. 17 Car. 1. That at the charge of such Persons who have the Toll or profit of the Market where no Toll is taken there shall be before 29 Sept. 1670. one Measure of Brass provided and chained in the Market-place upon pain to forfeit 5 l. 22 Car. 2. c. 8. By the Stat. of 22 23 Car 2. It is further provided That whosoever shall sell or buy any Corn or Salt by the Bag or without measuring being thereunto required or in any other manner than as by the Stat. 22 Car. 2. c. 8. is directed and without shaking the Measure by the Buyer shall forfeit besides the Penalty in the former Act all the Corn or Salt or the value therefore to the Person or Persons complaining 22 23 Car. 2. c. 12. Upon complaint to one or more Justices of Peace the Proof shall lie upon the Defendant to make appear by Oath of one or more Witnesses that he or they did sell or buy according to this and the said former Act wherein if he fail he shall forfeit as by this Act is directed to be levied by distress and sale of Goods by Warrant under the Hand and Seal of one or more Justices before whom such Conviction shall be The Penalties to be distributed one half to the Poor of the Parish where the Offence shall be committed the other to the Informer 22 23 Car. 2. c. 12. DIRECTIONS to Treasurers for the Relief of Poor Maimed Soldiers and Mariners THE Justices of Peace are yearly at the Quarter Sessions about Easter to choose or appoint one or two Persons according to their Discretions of the County for the taking and distributing of the Monies collected for the Reâ—ief of poor maimed Soldiers and Mariners And these Treasurers by the Words of the â—â—ture ought to be Subsidy Men of 10 pounds â—â— Lands or 15 pounds in Goods and these officers are to continue in their Office one Year and new ones then to be chosen in their â—ooms 43 El c. 3. Wingates Stat. Tit. Captains Now for the raising of Mony for these Treasurers the greater part of the Justices in their Quarter Sessions have power to charge every Parish within their Limits towards a Weekly â—elief of maimed Soldiers and Mariners so â—hat no Parish pay Weekly above 10 pence noâ—â—nder 2 pence nor any County which consists â—f above 50 Parishes pay above 6 pence one â—arish with another 43 El. c. 3. When the Tax is levied the Constables and Churchwardens are to deliver it quarterly ten days before every Quarter Sessions to the High Constables of their Division who must deliver to â—â—e Treasurers of the County at the same Quarâ—er Sessions all the same Mony and if the Constables or Churchwardens their Executors c. fail in the payment to the High Constable within the time aforesaid then they are to forfeit 20 s. and if the High Constable fall to pay the Treasurers every Sessions then he forfeits 40 s. which Forfeitures as it seems the Treasurers may levy by Distress and Sale of the Offenders Goods without any Warrant rendring the overplus to the Owner And these Forfeitures are to go in Augmentation of the Treasurers Stock 43 El. c. 3. The maimed Soldier or Mariner which was Prest shall repair if he be able to Travel to the Treasurers of the County where he was Prest if he were not Prest then to the Treasurers of the County where he was Born or were he last dwelt by the space of three years at his Election but if he be not able to Travel then to the Treasurers of the County where he Lands and he is to bring with him a Certificate under the Hand and Seal of the Chief Commander or of the Captain under whom he served containing the particular of his Hurts and Service which Certificate shall also be allowed by the Muster-Master or the Receiver-General of the Rolls for the Muster under one of their Hands 33 El. c. 3. Then upon such a Certificate the Treasurer aforesaid may allow the Party Relief to maintain him till the next Quarter Sessions and then the major-part of the Justices may alloâ— him a Pension which the Treasurers muâ—â— pay him quarterly until it shall be revoked oâ— altered by the said Justices and this Allowancâ— is not to exceed 10 l. per annum to a Commoâ— Soldier nor 15 l. to an Officer under a Lieutenant nor 20 l. to a Lieutenant 43 El. c. â— Wingates Stat. Tit. Captains and Soldiers Where Soldiers and Mariners arrive far from the place where they are to receive Relief the Treasurers there shall give them Relief and a Testimonial whereby they may pass from Treasurer to Treasurer until they shall come to the place required and this shall be done upon the bare Certificate of the Commander and Captain although they have not as yet obtain'd any Allowance from the Muster-Master or Receiver-General of the Muster-Rolls Wingates Stat. Tit. Captains and Soldiers 43 El. c. 3. If any Soldier or Mariner beg or counterfeit â— Certificate he shall be punished as a Common Rogue and shall lose his Pension if he have any 43 El. c. 3. Wingate ut supra When out of the County where the Party was Prest a fit Pension cannot be satisfied it shall then be supplied by the County where he was born or else where he last dwelt by the space of three years Wingate ubi supra 43 El. c. 3. The Treasurers are to Register all their Receipts and Disbursements and must enter the Names of the Parties relieved into their Book and also the Certificate by virtue whereof the Disbursements are made and where they disallow of a Certificate they are to set down â—he Reasons of their Refusal under the Certificate or on the back thereof 43 El. c. 3. Wingate Stat. Tit. Captains and Soldiers If any Treasurer wilfully refuse to give Relief in the Cases aforesaid the Justices of the Peace in their Sessions may set a Fine upon him which may be levied by Distress and Sale of his Goods Wingate ubi supra These Officers at the end of their Year within 10 days after Easter Sessions are to give uâ— a just Account to the succeeding Treasurers oâ— all their Receipts and Disbursements within the time of their Office and then if they have any Mony in their Hands they are to deliver it to their Successors and if any such Officer his Executors or Administrators shall not givâ— up such Account within the time aforesaid oâ— shall be otherwise negligent in the Executioâ— of his Office The Justiceâ— at the Sessions maâ— assess what Fine they please upon him so thaâ— it be not under five pounds but what theâ— please above five pounds upon him his Executors or Administrators Wingate ubi supra 43 El. c. 3. In Corporations the Justices there are tâ— put this Act in Execution and not the Justices of the County This Act is not to prâ—hibit the City of London to make a Tax if neâ— require differing from that above limited iâ— this Act so that no Parish pay above threâ— shillings Weekly nor under twelve penâ— Weekly one Parish with another 43 El. c. 3. FINIS
A MILD but SEARCHING EXPOSTULATORY LETTER From the Poor and Plain-dealing Farmers of the Neighbouring Villages To the MEN of BVCKINGHAM To the Right Worshipful the Bailiff the Worshipful the Burgesses of the Ancient and sometimes Famous Corporation of BVCKINGHAM Right Worshipful and Worshipful Gentlemen IF your late Folly and Madness had only a Malignant Influence upon your Unworthy selves we could contentedly have left you Fools and Madmen at your own Costs and Charges Had you betray'd your own Liberties whilst ours had been secure or sold your Selves and Posterities for Slaves whilst We and Ours had remained free We love you so well you might have been eternally such without any the least Lett Molestation or Disturbance from Us your poor Neighbours Nay had you put Fire to your own Houses whilst ours had been out of the reach of your Flames or purchased some dreadful Plague whose Chain-shot might have â—â—own you down by Whole-sale whilst we were out of the compass of its Contagion we could be silently unconcern'd nor have grudg'd you that Vassallage and Desolation which we confess you have highly merited and you must confess you had drawn with your own Hands upon your own Heads But seeing the Frame and Constitution of our Parliaments is such that the Knights of one County the Citizens of one City the Burgesses of one Burrough must Debate Vote Resolve and Enact what all the Counties all the Cities all the Boroughs of the Kingdom are concern'd in and oblig'd by that we must pay the reckoning which your Folly has inflamed that we must be sick of your Drunkenness that your Prodigals must be prodigal out of our Purses and what was your particular and Personal Miscarriage must if other Electors had no more Wit and Honesty than your selves become a General and National Misery give us leave or else we must take it to correct you gently and represent to you plainly and impartially your abominable Treachery to our Common Interest in your late shameful Election of Members to serve in the ensuing Parliament It is not We your despised Neighbours 't is not this County but all the Counties Cities and Boroughts of the Land except a few of the same sordid and base Spirits with your selves in whose Name and at whose Suit we have drawn up this Legal Indictment against your illegal and riotous Election That you the Mercenary and Debauched Bailiff with the corrupt Majority of your Brethren the Burgesses of the Borough of Buckingham not having the Fear of God before your Eyes but being led by the infligation of the Devil the Duty and Allegiance which to your Native Countrey you owe forgetting and not in any wise regarding have Wickedly Devillishly and of your own Malice fore-thought betrayed your Trust and as much as in you â—â—eâ—h endeavoured to destroy those Natural and inherent Rights those Fundamental Liberties and Privileges which all free-born Englishmen have and of Right ought to enjoy and in order to and in pursuance of this your Trayterous Accursed and Hellish Design have elected such Persons to Represent you and serve for you in the House of Commons as are notoriously known to have formerly betrayed the Trust reposed in them and have thereby exposed the whole Kingdom to the apparent Danger and visible Hazzard of Beggary Slavery and Popery Now suffer us to expostulate the Case with you in all Meekness and Gentleness Were you in your Witts were you sober or rather had you not put off common Sense Were you not forsaken of your Reasons and Understandings that your Wisdoms could find no better a Stick of Wood to make a Prop for a tottering State on a Crutch for a halting Church than Sir Timber A Piece so crooked so rotten and warped in Principle Conscience and Interest that whatever Use others may make of him we poor Farmers cannot judge him fit to make an Hovel-post The Devil was formerly so modest as to be Content with his Chappel where God had his Church but seeing he has now aspired to and taken Possession of the Temple into what Chappel of Ease will you crowd th' Almighty There are few Sinners so disperate but will seek or find some Excuses which they may â—itch together to palliate their Guilt and hide their Nakedness But You are certainly forsaken of all Pretences which may mitigate your Crimes and alleviate your Punishment Can you plead Ignorance or pretend Surprize when your Sir Timber was the Original Sinner in the Muster-roll of the Club of Vnanimous Voters Has he not there stood like Judas in the Fore-front of the Infernal Regiment of Pensioners Has not Common Fame pinn'd a Paper to his Bâ—east wherein is signified to the World how he has sold his Country to the Court Liberty to Prerogative and Property to Will and Pleasure Is he not now notoriously known to the English World by the Name of Sir Timber and if you ask him who gave him that Name must he not answer That either your selves or Legion was his Godfather For did he not once make you a bribeing Present of Timber to rebuild your Town-house which vanisht all away by the Magick Art of the same Devil that brought it was he so great a Knave to cheat you once and are not you greater Fools to be cheated twice But we your plain and honest Neighbours do yet hope and pray that you and we may find the Representative Body of England of so sound and healthful a Constitution as by the Strength of Nature to purge off those evil Humours which by your Faule they have contracted and as our late renewed Parliament once before cast him into the Draught so they will never again lick up their Excrements And as he was once cut off from their Body as a rotten Member so they will never accept from you a wooden Leg made of such putrified Timber Yet had you selected out of all those worthy Gentlemen wherewith your Neighbourhood has plentifully furnisht you some one whose Vertues might have corrected the Malignity of his Vices whose Fidelity might have season'd his Treachery and whose true English Spirit might have ballanced his degenerated Spirit we had shewed our Impartiality in commending what was Good as well as condemning what was Evil and Unworthy in you and that we durst no more conceal your Merits than your Guiltiness But you took special Care it seems that we should find nothing in you Praise-worthy and have therefore coupled with him a Colleague only meet for you and him Vile Miscreants could you find none to be Judge of a trayterous Father but a treacherous Son Could you think him meet to sit within the Walls of the Houses of Commons whose great Interest and Merits lye within the Walls of the Tower Will not he in his own Defence obstruct Justice when Justice would obstruct his Possession of a vast Estate amassed by betraying us to Arbitrary Power selling us to the French enslaving us with a standing Army which no Parliamentary Votes
so much all which Fines and Forfeiâ—ures are to be employed and bestowed towards the amendment of the High-ways in the Parish where the Offences are committed Wingates Abr. Stat. Tit. High-ways 2 3 P. M. c. 8. The Balliff or High Constable shall yearly beâ—wixt the first of March and last of April render â—o Account unto the Constables and Church-wardens who have the other parts of the â—streats of the Fines of what Mony they have â—eceived on pain of 40 s. and the said Constaâ—les and Churchwardens have power to call the â—ailiff or High Constable before two or more â—â—stices of the Peace Quor unus to pass his Acâ—ount who have power to commit him until he â—ave satisfied all the Arrearages by him reâ—eived save 8 d. in the pound for his own Fee â—od 12 d. in the pound for the Clerk of the â—eace or Steward of the Leet and in this case the â—â—cceeding Constables and Churchwardens have â—he same power as their Predecessors had 2 3 â—â— M. c. 8. Two Justices of the Peace by the Stat. 18 El. may take Accounts of the Surveyors of the Ways and the Petty Constables and Church-wardens for such Forfeitures within that Statute as they have levied 18 El. c. 10 Dalt J. P. c. 50. f. 103. Note There are several Statutes which concern particular High-ways in which these Surveyors are little concerned I shall therefore only name the Statutes and they who desire to be further informed therein may look the Statutes at large Stat. 39 El. c. 10. for repairing the High-ways in the Wild of Sussex Surry and Kent used for Iron Works Stat. 37 H 8. c. 3. For Huntington Lane near to Chester Stat. 14 H 8. c. 6. 26 H. 8. c. 7. For laying out new High-ways in the Wild of Kent or Sussex Stat. 1 P. M. 2. c. 5. for the Causway between Dorchester and Sherborn Stat. 18 El. c. 10. about the Kings Ferry in Kent CHAP. IV. Some Heads of the Stat. 22 23 Car. 2. c. 17. concerning the Ways Sewers Pavements c. in London and the Scavengers Office BY the Stat. of 22 23 Car. 2. A Clause â—o a late Act of Parliament Entituled Aâ— Act for Rebuilding the City of London wherein was Enacted That the Numbers and Places for Common Sewers Drains and Vaults and the manner of Paving and Pitching Streets and Lanes in the said City and Liberties should be set ouâ— by Persons appointed by the Mayor Aldermen and Common Council or seven or more of them together with the Surveyors or one of them within the Precincts respectively which Persons or seven or more of them were impowred to impose Taxes upon Houses in proportion to the benefit they receive thereby and to levy the same by Distress and Sale of Goods is made perpetual together with the Powers thereby given and appointed to be executed And the sole Powers of ordering and regulating the keeping clear pitching and paving the Streets Lanes and Passages with the manner thereof and of making and cleansing Drains and Sewers in London is to remain in the Mayor Commonalty and Citizens to be executed by such as the Mayor Aldermen and Commons in Common Council shall appoint or seven or more of them being all Members of the said Court. And Persons imployed in any of the said Works are enjoyned to observe the Directions of the Persons in that behalf authorized 22 23 Car. 2. c. 17. Offenders may be proceeded against by Indictment at the next Sessions of the Peace in the said City and Liberties unless they submitted to the Censure of the Persons so authorized or any seven or more of them and pay the Mulct by them imposed to the Chamber of London to be imployed towards the Works in this Act mentioned 22 23 Car. 2. c. 17. The Persons so authorized may impose Taxes on the several Wards and Precincts and direct Precepts to the respective Deputies and Common Council Men to assess the same and like Precepts to Scavengers to collect the same And where any Church or Churchyard shall front or adjoyn to any of the said Streets Lanes or Passages they may assess a reasonable proportion upon the Parish to be paid by the Churchwardens of which Assessments the Deputies and Common Council Men shall return Duplicates with the Scavengers Names within twenty days after receipt of the Precepts And in default of the said Deputies and Common Council Men the said Persons to be authorized may rate the said Assessments And in default of payment within six days after demand the Scavengers may levy the same by distress and sale of Goods rendring the overplus besides the reasonable Charge of distraining And the Mony so collected shall be paid into the Chamber of London not to be issued thence but by order of the said Persons so to be appointed or seven or more of them 22 23 Car. 2. c. 17. Inhabitants aggrieved through defect or decay of Pavements or want of cleansing the Streets c. shall upon proof that such grievance is unreformed receive directions from the Persons so to be authorized or seven or mâ—re of them for redressing the same and a Warrant under their Hands and Seals to the Chamberlain of London to issue Monies for defraying the Charge thereof together with any Sum not exceeding ten shillings for encouragement of his or their Diligence who upon receipt of such Warrant shall pay the same accordingly And Persons aggrieved by any Charge imposed by virtue of this Act within five days after demand thereof may appeal to the Mayor and Court of Aldermen whose Order therein shall be final 22 23 Car. 2. c. 17. The Mayor Aldermen and Commons in Common Council may set out and purchase Ground for Laystals and places for publick Stores for receipt of Dirt and Rubbish carried out of the City and for other Materials and Commodities The Mony for the same to be paid out of the Monies arising by the Imposition upon Coals appointed for publick Uses of the City other than the Mony appointed for Building Churches 22 23 Car. 2. c. 17. No Persons by this Act made liable to be rated towards the altering mending or cleansing the said Vaults Sewers c. or cleansing c. Streets Lanes c. shall be otherwise charged or liable thereunto 22 23 Car. 2. c. 17. CHAP. V. Some Heads of the 2 of W. and M. for Paving and Cleansing the Streets in the Cities of London and Westminster Suburbs and Liberties thereof the Out-Parishes in the County of Middlesex the Borough of Southwark and other Places within the Weekly Bills of Mortality in the County of Surrey EVery Inhabitant inhabiting in the said Parishes and in the Town of Kensington shall twice every Week sweep before their Houses and Buildings and take up the Dirt ready for the Scavenger or other Officer or else for every Offence or Neglect forfeit 3 s. 4 d. If any throw or permit to be