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 future ought to be Subsidy Men of 10 pounds â—n 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 Rooms 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 nor 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—he Treasurers of the County at the same Quarter 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 Treasurerâ— aforesaid may allow the Party Relief to maintain him till the next Quarter Sessions anâ— 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 〈◊〉 altered by the said Justices and this Allowancâ— is not to exceed 10 l. per annum to a Commoâ— Soldier not 15 l. to an Officer under a Lieutenant nor 20 l. to a Lieutenant 43 El. c. 3 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 a 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 the 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 〈◊〉 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 give up such Account within the time aforesaid oâ— shall be otherwise negligent in the Executioâ— of his Office The Justices at the Sessions may 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 prohibit the City of London to make a Tax if neeâ— require differing from that above limited iâ— this Act so that no Parish pay above thrâ—â— shillings Weekly nor under twelve penâ— Weekly one Parish with another 43 El. c. 3. FINIS
A NEW GUIDE FOR CONSTABLES Headboroughs Tythingmen Church-wardens Overseers and Collectors for the Poor Surveyors for Amending the High-ways and Bridges with Directions for Keepers of Fairs and Markets and Treasurers for the Relief of poor Maimed Soldiers and Mariners Containing not only whatsoever may be useful to them in the Execution of their several Offices that is already Extant in any BOOK of this Kind But also The Heads of all those Statutes which do concern any of the said Offices that have been since made in the Reigns of the late King Charles King James and their present Majesties King William and Queen Mary being the most Compleat of any Work of this Nature Collected by J. P. Gent. London Printed by the Assigns of Richard and Edward Atkins Esquires And are to be sold by most Booksellers in London 1692. The CONTENTS of the CHAPTERS Chap. 1. OF the Original Office and Jurisdiction of High Constables Petty Constables Headboroughs Borsholders and Tythingmen Page 1. Chap. 2. The Constables Office about Affrays 9 Chap. 3. The Constables Office about Alehouses c. 12 Chap. 4. The Constables Office about Arms c. 15 Chap. 5. Articles which the High Constables are to return the Justices at their Sessions or their Monthly Meetings in their Divisions and to cause their Petty Constables c. in their several Liberties to make Return thereof unto them 17 Chap. 6. The Constables Office about Foreign Bone-Laces Cutwork Imbroidery c. and French Goods 19 Chap. 7. The Constables Office for providing necessary Carriages for his Majesty c. 23 Chap. 8. The Constables Office about Irish Cattel 27 Chap 9. The Constables Office about Conventicles 30 Chap. 10. The Constables Office about Clothiers 32 Chap. 11. The Constables Office about the Customs 34 Chap. 12. The Constables Office about Setting-Dogs c. 35 Chap. 13. The Constables Office about Escapes and Arrests Ibid. Chap. 14. The Constables Office about Excise 37 Chap. 15. The Constables Office about Fish 38 Chap. 16. The Constables Office about forcible Entries c. 40 Chap. 17. The Constables Office about Hedge-breaking c. ibid. Chap. 18. The Constables Office about Stoned-Horses 43 Chap. 19. The Constables Office about Hue and Cry 44 Chap. 20. The Constables Office about Labourers c. 46 Chap. 21. The Constables Office about Malt-making 48 Chap. 22. The Constables Office about disturbing 〈◊〉 Ministers 49 Chap. 23. The Constables Office about Moss-Trooperâ— 5â— Chap. 24. The Constables Office about the Peace 5â— Chap. 25. The Constables Office about Physicians 5â— Chap. 26. The Constables Office about the Plaguâ— ibid Chap. 27. The Constables Office about conveyinâ— Prisoners to the Goal 5â— Chap. 28. The Constables Office about Quarter Monâ—â—â— for Maimed Soldiers Prisoners c. â—â— Chap. 29. The Constables Office about Popish Recâ—sants 5â— Chap. 30. The Constables Office about distrainiâ—â— for Rent 6â— Chap. 31. The Constables Office about Riots aâ—â— Routs 6â— Chap. 32. The Constables Office about Rogues aâ—â— Vagabonds 6â— Chap. 33. The Constables Office about keeping tâ—â— Sabbath 7â— Chap. 34. The Constables Office about profaâ—â— Swearing 7â— Chap. 35. The Constables Office about Tobacâ—â— Planting 7â— Chap. 36. The Constables Office about Weights and Measures 77 Chap. 37. The Constables Office about Watches 78 Chap. 38. The Constables Office about Executing Warrants 80 The Contents of the Chapters in the Churchwardens Office Chap. 1. THE Antiquity of the Churchwardens Office and how they are to be chosen 85 Chap. 2. The Churchwardens Office about Profanation of the Sabbath and of the Church 88 Chap. 3. Some few Cases concerning Actions for and against Churchwardens 90 Chap. 4. The Churchwardens Office about disposing of Seats in the Church 93 Chap. 5. The Churchwardens Office about Reparations and Rates 95 Chap. 6. Some Cases wherein the Churchwardens are equally concerned with the Constables and Overseers of the Poor 99 Chap. 7. The Churchwardens Office about passing Accounts together with the Heads of most of the things which they are to present in the Visitation Court 101 The Contents of the Chapters in thâ— Office for Overseers of the Poors Chap. 1. OF the Antiquity of these Officers 〈◊〉 their Qualifications and how anâ— when to be chosen 10â— Chap. 2. Of the several sorts of Poor People aâ—â— what Poor the Overseers are to provide for aâ—â— relieve or to set to work 10â— Chap. 3. The Duty of the Oversâ—ers about puttinâ— forth and binding of Apprentices with thâ— Form of the Indenture for that purpose 11â— Chap. 4. Several Cases about Settlements and alâ— touching Bastards c. 11â— Chap. 5. The Overseers Office in making of Rateâ—â— and passing Accounts 12â— Chap. 6. The Overseers Duty about Weights anâ— Measures and Burying in Woollen 13â— The Contents of the Chapters in thâ— Office for Surveyors of High-ways c. Chap. 1. HOW many Sorts of ways there are of the Choice of these Officers witâ— some few General Cases concerning Highway 13â— Chap. 2. The Duty of the Surveyors about Settinâ— and Calling the Parishioners to the common dayâ— Works for the High-ways and about taking anâ— digging for Gravel Chalk Sand c. 14â— Chap. 3. The Surveyors Duty about cutting dowâ— Bushes Trees and scouring of Ditches in thâ— High-ways and also touching Presentments anâ— Inquiries about Defaults passing of Accounts Travelling of Wagons Wains c. 147 Chap. 4. Some Heads of the Stat. 22 23 Car. 2. c. 17. concerning the Ways Sewers Pavements c. in London and the Scavengers Office 150 Chap. 5. 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 153 Chap. 6. Several Cases about the Repairs of Bridges with the Names of the Statutes which concern particular Bridges 158 â—â—rections for the Keepers of Fairs and Markets 164 â—â—rections to Treasurers for the Relief of Poor Maimed Soldiers and Mariners 169 THE DUTY OF CONSTABLES c. CHAP. I. Of the Original Office and Jurisdiction of High Constables Petty Constables Headboroughs Borsholders and Tythingmen THE Sâ—xon Christian King Alfred King of England for the more peaceable Government and Ease of his Subjects divided this whole Realm of England first into Shires then caused those Shires to be subdivided into Hundreds Rapes Ridings Wapentakes and divided these also into Tythings Leets or Boroughs and in all these Divisions were appointed Officers for the better preservation of the Peace such are High Constables Petty Constables Headboroughs Borsholders and Tythingmen the Office of all these latter is one and the same only different in Title according to the Custom of the Country in Middlesex besides the High Constables of the Hundreds they have Petty Constables and Headboroughs in the respective Parishes and they are in number more or less according to the greatness or smalness of
Deputies under their Hands and Seals to search for and seize 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 thereoâ— 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 Corporateâ— and Market Towns or Houses within the Billâ— 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 iâ— 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 oâ— 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 fit may be restored to the Owners again 14 Car. 2. c. 3. The Constables by Warrant under the Hand and Seal of the Lord Lieutenant or any three or more of the Deputy Lieutenants are to levy such Sums Forfeitures Penalties and Payments as shall be charged upon any Person or Persons within their several Liberties for the furnishing of Arms Horse or Foot or Payment of Soldiers 14 Car. 2. c 3. 15 Car. 2. c. 4. And where sufficient Distress cannot be had then the Lord Lieutenants and their Deputies by like Warrant to the Constable may commit such Offender to prison until he shall make satisfaction according to the said Forfeiture Payment or Penalty ibid. CHAP. V. Articles which the High Constables are to return the Justices at their Sessions or their Monthly Meetings of the Divisions and to cause their Petty Constables c. in their several Liberties to make Return thereof unto them 1. THey are to return the Names Sir names Additions of Names and Qualities of all Popish Recusants as well House-keepers as Lodgers dwelling or residing in any of their said Parishes Liberties or Precincts 2. Such Persons as shall continue Drinking or Tipling in any Inns or Alehouses at any time and more especially upon the Lords Day or Holy Days and such Persons as they shall find Drunk and all such Inn-keepers and Alehouse-keepers as shall entertain them 3. Item the Names of such as shall prophanely Swear or Curse with the number of their Oaths immediately after the committing such Offence inform the next Justice thereof 4. Item they are to return such Victuallers or Alehouse-keepers as use Victualling or selling of Beer and Ale without License 5. Item such Persons as suffer any unlawful Games to be suffered in their Houses Backsides or Gardens and also the Names of such as shall play at any of the said Games 6. Item such Persons as refuse or neglect to do their Duty of Watching and Warding 7. Item such Persons as divide their Houses into several Tenements and such as do entertain Inmates who may be an Annoyance to their Neighbours or likely to bring charge upon the Parish 8. Item the Defaults of Petty Constables aâ— Tythingmen c. for not causing Rogues Vâ—gabonds and Beggars to be duly apprehenâ—ed punished and passed according to tâ—â— Statute 9. Item all Masterless Men and Women â—â—ving at their own Hands such as are Idle aâ—â— will not Labour and can give no good aâ—count how they get their Living all suspiâ—â—ous Persons Whores Noctivagants or Nighâ— walkers and Mothers of Bastards which mâ—â—be chargeable to the Parish 10. Item the Names of such Persons as â—â—fuse to take Apprentices poor Parish Childrâ—â— to Husbandry or other Callings according 〈◊〉 Law 11. Item all such as neglect to make dâ—â—â— Rates and Collections for the Relief of the Poâ—â— in every Parish and that cannot or do not giâ—â— a just account of the Imployment of the Reâ—â— and Stock of the Poor 12. Item of the Defects in the High Way and Bridges with the Names of such as shouâ—â— repair them and have neglected or refused 〈◊〉 do their Duty herein 13. Item such Scavengers as neglect to 〈◊〉 their Office in cleansing the Streets to be kepâ— clean within their Liberties and the Name of such Persons as commit common Annoyances by laying of Dung Soil Dirt or Ashes 〈◊〉 the Street 14. Item the Names of all such Persons 〈◊〉 refuse to pave the Streets before their Houses where the said Streets have usually been paveâ— formerly 15. Item the Names of all such Persons as â—eep any Hogs to the common Annoyance of â—is Majesties Subjects in or about such Liberâ—â—es Places and Precincts where Hogs ought â—ot to be kept 16. Item all such Bakers as put light Bread 〈◊〉 sale and the Weight thereof and such â—rewers as sell Beer or Ale to unlicensed Alehouse-keepers all Forestallers Regrators and â—â—grossers of any Corn Grain Butter Cheese â—acon or any other kind of dead Victuals â—hatsoever 17. Lastly All such Persons as can prove or â—â—stifie any of the said Offences are to be warnâ—d to appear before the said Justices at their â—essions or Meetings aforesaid to testifie their â—nowledge of such Offences of which they can â—â—ve Information CHAP. VI. The Constables Office about Foreign Bone-Laces Cut-work Imbroidery c. and French Goods THE Constables upon Warrant to them directed from the Justices of Peace or Chief Officers of the Cities Towns Corpoâ—ate c. are to search within their respective Counties Cities Towns c. in the Shops â—eing open Ware-houses and Dwelling-house â—f such Person or Persons who shall be suspected to have any Foreign Bone-Laces Cut-works Imbroideries Fringes Bandstrings Butâ—ons or Needle-works make of Thred Silk or â—ny or either of them made in the Parts beyond the Seas and where they find any sucâ—â—â— to seize the same 14 Car. 2. c. 13. No French Wine Vinegar Brandy Linâ—â—â— Cloth Silks Salt Paper or any Manuâ—â—ctures made of or mixed with Silk Threâ—â—â— Wool Hair Gold or Silver or Leather â—â—â—ing of the Product or Manufacture of any 〈◊〉 Dominions of the French King shall after 〈◊〉 24th of August 1689. during the Term of thâ—â— Years or before the end of the first Session Parliament next after the expiration of 〈◊〉 said three Years to be imported into Englaâ—â— Wales or Town of Berwick or Isles of Jersâ— Guernsey Alderny Sark or Isle of Man miâ—â— or unmixt with any Commodity of the Pâ—â—duct of any other Country such Importâ—â—â—on and vending the said Commodities impoâ—â—ed contrary to this Act being by the 〈◊〉 Act declared a common Nusance And suâ—â— Goods are to be seized and carried inâ—â— his Majesties Ware-house and if upon 〈◊〉 Information into the Exchequer the Juâ—â— find that they are French Goods Judgmeâ—â— shall be That the Wines and Brandy shall 〈◊〉 staved and spilt in some River Stream or Sâ—â— near the place where they were seized
or shâ—â— remain in the Ware-houses and the other Coâ—modities publickly burnt and destroyed Tâ—â— Importers to forfeit the value They in whoâ—â— Hands they shall be seized or who sold theâ—â— the like for the first Offence And for the â—â—cond Offence double the value and after Coâ—viction of the second Offence to be incapabâ—â— to exercise or execute any Office or Imployment about any part of the Kings Revenue 〈◊〉 any other Office or publick Imployment whâ—â—soever And if any Person not being a known Merâ—â—ant Vintner or Shop-keeper shall sell or â—â—pose to sale any of the Commodities aforeâ—â—â—d and be thereof convicted shall over and â—â—ove the aforesaid Penalties suffer twelve â—onths Imprisonment without Bail or Mainâ—â—ze and all Ships and Vessels with their â—â—ns Tackle and Furniture in which any of â—â—e said Goods shall be imported during the said â—â—erm and also every Bark Hoy Lighter â—â—rge Wherry Boat or other Vessel whatsoever â—â—t of which any of the said Goods shall be â—â—â—t on Shore shall be forfeited and the Maâ—â—â—r or any other Person taking care of such â—â—ip or Vessel shall forfeit 500 l. and also â—â—eing convicted thereof before a Justice of â—eace by the Oaths of two Witnesses be comâ—itted to the next Goal for twelve Months â—ithout Bail or Mainprize And all Seamen â—ariners Watermen Carmen Porters Laâ—â—urers or other Persons whatsoever assisting 〈◊〉 unshipping carrying or conveying any of â—â—e said Goods upon Proof as aforesaid shall 〈◊〉 subject to like Imprisonment or be pubâ—â—ckly whipt at the discretion of the Justice 〈◊〉 Peace And all Carts Wains Waggons â—arriages Plough-Teams Horses or Oxen made â—â—e of in the Carriage or Conveyance of any of the said Goods shall be seized and upon Proof made before a Justice of Peace of the â—ounty where the same were so seized by â—â—e Oaths of two credible Witnesses that they â—ere assisting in the Carriage or Conveyance of â—ny of the said Goods the same shall be forfeited one half thereof to be disposed of to â—he use of the Poor of the Parish where the same shall be seized the other half to thâ—â— use who shall seize the same The Informâ—â— who after seizure or stay of the Goods frâ—â—dulently delays the Prosecution shall forfâ—â—â— 500 l. All Officers of the Customs Sheriffs Mayoâ— Bailiffs Constables and other Officers are â—â—joyned to be aiding and assisting in the due â—â—ecution of this Act See 1 W. M. By 2 W. M. For the more effectual pâ—â—ting in Execution the Act for Prohibiting 〈◊〉 Trade and Commerce with France it is Enaâ—â—ed That if any Person after the first of Fâ—bruary 1690. shall sell or utter by retail 〈◊〉 Glass Bottles or in any other retail Measurâ— not made of Pewter and sealed according 〈◊〉 Law any kind of Wine whatsoever or othâ—â— Liquor exposed to sale for Wine or sell tâ—â— same for a greater price than by the said Aâ—â— is appointed and be convicted thereof by tâ—â— Confession of the Party or the Oath of tâ—â— credible Witnesses before one or more Jâ—stice or Justices of the Peace of the Countâ—â— City or place where such Offence shall be coâ—mitted who are hereby required and iâ— powered to adminster an Oath to that puâ—pose such Person being prosecuted withâ— thirty days next after such Offence committeâ— shall forfeit and pay for every such Offenâ—â— the Sum of fifty shillings which if not paâ—â— upon demand shall be levied by distress aâ—â— sale of the Goods and Chattels of every sucâ— Offender by Warrant under the Hand aâ—â— Seal of the Justice or Justices before whoâ—â— such Conviction shall be made which Warrant the said Justice and Justices are impoweâ—â—d and required to grant to the Constable â—eadborough or Tythingman of the Parish 〈◊〉 Place where such Offence shall be commitâ—â—d who are required and authorised immeâ—â—ately to levy the same rendring the overâ—â—us to the Owner thereof the said Penalty â—orfeiture and Mony so levied to be given to â—â—e Informer CHAP. VII â—â—e Constables Office for providing necessary Carriages for his Majesty c. BY the Statute of 1 Jac. 2. it is Enacted That the Clerk or Chief Officer of his â—ajesty's Carriages shall three days at least â—â—fore his Majesty's Arrival by Warrant from â—â—e Green-Cloth give notice in Writing to â—â—o or more of his Majesty's Justices of the â—eace next adjoyning to provide such a numâ—er of Carts and Carriages from the Places next â—â—jacent as his Majesty shall have present use 〈◊〉 expressing the certainty of that number 〈◊〉 also the time and place when and where â—â—e said Carts and Carriages are to attend â—hich Carriages shall consist of four able Horses 〈◊〉 six Oxen or four Oxen and two Horses â—â—r each of which Cart or Carriage the reâ—pective Owners shall receive sixpence for each â—â—â—le they shall go laden and that in case â—ny of his Majesty's Subjects of this Realm â—â—all refuse to provide and furnish his Majesty â—hat now is or his Queen that is or shall be â—â—r His or Her Houshold or her Majesty Catherine Queen Dowager or Her Houshold 〈◊〉 their Progress or Removals with such sufficâ—ent and necessary Carriages for their Wardrobe or other Necessaries for ready Monlâ—â— tendered to them or shall without just anâ— reasonable Cause refuse to make their Appearance with such sufficient Carts and Carriage as are before exprest that then upon dâ—â—â— Proof and Conviction of such neglect or refusal by the Oath of the Constable or otheâ— Officer or two other credible Witnesses before the said Justices of the Peace of thâ— County or Mayor or other Chief Officer 〈◊〉 the City or Corporation where he or theâ— Inhabit which Oath they shall have power tâ— adminster the Party so refusing shall for sucâ— his refusal and neglect forfeit the Sum of fortâ—shillings to the Kings Majesty's use to be forth with levied by distress and sale of his Gooâ—â— and Chattels rendring to the Parties the oveâ— plus upon every such Sale if there shall bâ— any by Warrant from the said Justices of thâ— Peace Mayor or other Officer No Horses Oxeâ— Cart or Wain shall be enforced to travel aboâ—â— one days Journy from the Place where theâ— receive their Lading and that ready Paymeâ—â— shall be made in Hand for the said Carriage at the place of Lading without delay according to the aforesaid Rates And in caâ—â— any Justice of the Peace Mayor Officer oâ— Constable shall take any Gift or Reward tâ— spare any Person or Persons from making such Carriage or shall injuriously charge or grieâ—â— any Person through Envy Hatred or Evil will who ought not to make such Carriage or shaâ—â— impress more Carriages than he shall be directed from the Green-Cloth to do that then â—pon due Proof and Conviction thereof the â—arty so offending shall forfeit the Sum of ten â—ounds to the Party thereby grieved or any â—ther who shall sue for the same to be recoâ—ered by Action of Debt in any of his Majeâ—â—y's Courts of Record wherein no
Bridge and six yards in breadth in the wing of the Net or hath fished with two of those Nets fixed together or used any Net or Device for taking the Fry of Eels or whereby the Spawn of Fish shall be destroyed shall issue out Warrants under the Hands and Seals of any two of them in their respective Countles to the Under Conservators of the said River or to any Constable Tythingman or Headborough to search in the day-time in all suspected places for such unlawful Instruments and to seize them and bring them to the Quarter Sessions to be burnt or destroyed 30 Car. 2. c. 9. If any Ling Herring Cod or Pilchard fresh or salt dried or bloated or any Salmons Eels or Congers taken by Foreigners Aliens to the Kingdom of England shall be imported uttered sold or exposed to sale in this Kingdom 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. c. 2. CHAP. XVI The Constables Office about forcible Entries c. IF a Constable or any private Person of the same County do refuse to attend and assisâ— the Justices of Peace upon request to remove aâ—â— Force or to convey the Parties to the Goal he may be imprisoned for his neglect and make Fineâ— to the King 15 R. 2. c. 2. Dalt J.P. c. 22. f. 57. CHAP. XVII The Constables Office about Hedge-breaking c. SUch as are convicted before a Justice of Peace for cutting and taking away of Corâ— growing robbing of Orchards breaking Hedges and their Procurers and Receivers knowing the same are to give the Party grieved such Satisfaction as a Justice of Peace shall think fit and iâ— they cannot give such satisfaction then the Justice may commit the Offenders to the Constable to be whipped for the first Offence and the like pain for the second Offence and if the Constable or other Officer do not by himself or some other see the same done accordingly then the Justice may commit such Officer to the Goal there to remain without Bail until he procure the Offender to be whipped as aforesaid 43 El. c. 7. The Constables Headboroughs or other Person in every County City Town-Corporate or other Place where they shall be Officers and Inhabitants have power to apprehend or â—ause to be apprehended such Persons as they â—uspect for having carrying or conveying any Burthen or Bundles of any kind of Wood Underwood Poles or young Trees or Bark of â—ny Trees or Gates Stiles Posts Rales Pales Hedge-wood Broom or Furze and any Conâ—â—able Headborough c. by Warrant under the Hand and Seal of one Justice may enter into the Houses Out-houses Yards Gardens or other Places belonging to the Houses of such Persons as they shall suspect c. and where they shall find any to apprehend the Parties suspected for cutting the same and those in whose â—ustody c. any such Wood or Underwood shall be found and carry them before a Justice of the Peace and if the Party cannot give a good account to the Justice how he came by the said Wood c. by the consent of the Owner or shall not within the time the Justice shall appoint prove who he bought it of then such Person shall be deemed convicted of the cutting and spoiling of Wood within the Statute of 43 Eliz. and for the first Offence shall give such satisfaction to the Owner within such time as the Justice shall appoint and pay over and above presently to the use of the Poor where the Offence is committed so much Mony as the Justice shall appoint not exceeding ten shillings And for default of performance hereof the Justice may commit the Offender to the House of Correction for so long time as he shall think fit not exceeding one Month or otherwise to be whipped by the Constable or other Officer and for the second Offence the Offender is to be sent to the House of Correction for one Month and there he â—â— to hard Labour and if he be convicted thâ— third time then to be punished as an incorâ—â—gible Rogue 15 Car. 2. c. 2. If any Person buy any Burthens of Wooâ— Underwood Sticks c. of any who may jâ—â—â—ly be suspected to have come by the same â—â—lawfully upon complaint to a Justice Head Oâ—ficer c. and if upon Examination by Oaâ—â— it appears That the same were bought of suâ—â— Person as aforesaid the Justice may order 〈◊〉 Buyer to pay the treble value thereof to hiâ— from whom they were stollen and for noâ— payment the Justice may grant his Warrant the Constable to levy the same by distress 〈◊〉 sale of the Offenders Goods rendring to tâ—â— Owner the overplus and for want of such dâ—stress then to commit the Party to the Gâ—â— at his own charge there to remain one Monâ— without Bail Stat. ibid. None is to be punished by this Statute thâ—â— have been punished by any former Law for thâ— same Offence and all Offenders within thâ— Statute must be prosecuted within six Weeâ—â— after the Offence committed Highways See the Office of Surveyors of High-ways and Bridges CHAP. XVIII The Constables Office about Stoned-Horses NOne ought to put to feed upon Forests 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 on pain to forfeit the same Horse 32 H. 8. c. 13. If any Stoned-Horse of lesser Stature be put to feed in any such Common unless it be in 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 use so that first by the assistance of the Keeper of the Ground or Constable Bailiff 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. c. 13. 8 Eliz. c. 8. Wingates Abr. Stat. Tit. Horses Those that refuse to measure or to be present at measuring do foreit 40 s. a piece for every such default to be divided between the King and 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 hâ—â— Parish Church 32 H. 8. c. 13. Forests and Common Grounds must be driveâ— yearly at Michaelmas or within fifteen days after by the Keepers Constables or other Officeâ— abovesaid on pain of forty shillings and thâ— have power
Bastard Child and not the reputed Child of such an one and the Justices for the better discovery of the Matter may upon Oath examine the Mother her self concerning the reputed Father the time c. Dalt J. P. c. 11. fol. 40. 18 Eliz. c. 3. 7 Jac. c. 4. See Steels Rep. fol. 154 245 246 247 388. and see Pridgeons Case Hill 9 Car. 1. B.R. and Slaters Case Pasch 13 Car. 1. B.R. Cro. Rep. 1 part CHAP. V. The Overseers Office in making of Rates and passing Accounts THE Churchwardens and Overseers of the Poor 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 Tithes 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 Bail till he be discharged by him 43 El. ch 2. Dalt J. P. c. 73. f. 148. Wingates Stat. Tâ—â— Poor People Now these Rates ought to be well and trâ—â— made according to Mens visible Estates real iâ— personal within the place only and not 〈◊〉 any Estate elsewhere at Lincoln Assises 9 Caâ—â— by Justice Hutton and Crook Note That a Parish in Reputation shall be Parish within this Law so that if A. be ancient Parish that hath Officers in it and theâ—â— 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 Churchwardens c. here this place may be rated as tâ— Parish towards the Poor Huttons Rep. fol. 93. 〈◊〉 M. 3 Car. B.R. Hilton Pauls Case Cro. 3 pâ—â— Rep. This Tax must be set upon the Tenants and Occupiers of Lands and not upon the Laâ—â—lords Living within or without the Parish 〈◊〉 the Tenant only is chargeable for the Land Bâ—â—strods 1 part Rep. fol. 354. The Parson having a full tenth Part of the Profits of the Place may be rated to a tenth Part Resol Judges 1633. sect 33. He that doth occupy Lands in 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 〈◊〉 more but for his personal Estate it seems reasonable he should be charged for it in the place where his Person is All Lands Ancient Demesn Guildable and Copyhold 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 consuetudâ— tollit Legem 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 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. c. 73. f. 167. 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 discretion 43 El. c. 2. Wingates Abr. Stat. Tit. Poor People 14 Car. 2. c. 12. If any Persons find themselves aggrieved 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. c. 73. f. 160. Wingates Abr. Stat. Tit. Poor People 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 on pain to forfeit 20 s. a month to the use of the Poor to be levied by distress and sale as aforesaid and for want of distress to be committed to Prison till the Forfeiture be paid 43 El. c. 2. Wingates 〈◊〉 Stat. Tit. Poor People Dalt J.P. c. 73. f. 1â—â— Head Officers in Cities and Corporate Towns and Aldermen of London have in their severaâ— Precincts like Authority that Justices of Peace have in their Counties and no other Justiceâ— of Peace are to enter and intermeddle there Wingates Abr. Stat. Tit. Poor People 43 El. c. 2. 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 Account of Overseers and committing such as refuse 〈◊〉 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 Wingates Abr. Stat. Tit. Poor People 43 El. c. 2. Dalt J.P. c. 73. f. 156. 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 is 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 Highways or in their Town without their directions 6. Whether they meet monthly to consider of the things belonging to their Office 7. Whether they made their Rates indifferent 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. c. 2. Dalt J. P. c. 73. f. 153. By the Statute of 30 Car. 2. for Burying in Woollen the Justices are not to allow the Accounts of the Overseers of the Poor until they
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 more 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 thrown Ashes Filth or Annoyance before his House Building or Wall shall forfeit 5 s. If before any Church Church-yard or publick Buildings or into any Sink or Way publick or private but shall keep it in their Houses and Yards until the Officers come to carry it away or else forfeit 20 s. Churchwardens House-keepers of White-hall or other the Kings Houses or of Noblemens Houses shall be subject to like Penalty so shall Ushers of Courts and Porters and Keepers of other publick Buildings Scavengers and Officers shall come every day except Sundays and Holidays and give notice that the Parties concerned may bring out their Dust c. or forfeit 40 s. for every neglect Every Housholder shall pave and keep repaired the Streets before their Houses and Ground unto the Channel or else forfeit for every Rod 20 s. and 20 s. every Week until at shall be sufficiently repaired Where new Streets and Ways are made which the Justices of Peace in their General Quarter-Sessions shall think fâ—â— and convenient to be paved with Stone or Gravel and shall order the same to be done before every dwelling House or Building in such Street or Way Every Person neglecting shall forfeit forty shillings for every such Offence for every Perch and after that rate for a greater of lesser quantity and the like Sum for every Week till the same be paved and amended Where Streets Lanes or Allies have been by Custom otherwise repaired it shall be done by such Persons as are by Custom to do it under the Penalties aforesaid Upon Monday or Tuesday in Easter Week The Constables Churchwardens Overseers and Surveyors giving notice and calling such Inhabitants that have served that Office shall chuse two Tradesmen to be Scavengers who being allowed under the Hand of any two Justices shall within seven days take the Office or pay 10 l. and within seven days after such refusal they shall in like manner chuse another who shall accept or pay 10 l. which Penalties to be levied by Distress and Sale and for want of Distress or Payment within six days after notice at his House to be sent to the Goal until payment Within twenty days after such Election the Constables c. shall call such Inhabitants as have born the like Office and make a Tax by a Pound Rate which being confirmed by two Justices shall be quarterly paid upon demand made by the Scavengers or other Officers appointed to gather the same and being refused shall by Warrant of two Justices be levied by Distress and Sale and for want of Distress by Imprisonment of the Offender until payment The Scavengers are to account for the Mony by them Collected