to forbear to receive or keep any obstinately refusing to come to Church Of the 3. of King Ja. c. 4. Popish Rocusants of presenting the monethly absence from Church of Popish Recusants their penalty and reward The 23. Destruction of game Elis c. 10. and 1. Jac. c. 17. of levying the forfeitures to the use of the poore for destroying of the game of Phesants Partridge Prisoners c. The 3. of K. Jam. c. 10. of raising money for conveying prisoners to the gaol The Office and Duty of Surveyers for the amending of High-wayes Surveyers shall be chosen 2. 3. Phil. Mar. cap. 8.5 Elis cap. 13.29 Elis cap. 5. THe Constables and Churchwardens of every parish shall yearly upon the Tuesday or Wednesday in Easter week call together a number of the parishioners and then shall chuse two honest persons of the parish to be Surveyers for one year of the works for the amendment of the high-wayes in their parish leading to any market town and shall then also name and appoint six dayes for the amending of the said wayes before the feast of Saint John Baptist then next following and shall openly in the Church the next Sunday after Easter give knowledge of the same six dayes Six dayes shall be appointed and upon the said dayes the parishioners shall endeavour themselves to the amendment of the said wayes upon pain of such reasonable fines and amercements as shall be thought meet by the Steward of the Leet Penalty for omitting it or in his default by the Justices at their quarter Sessions They shall take upon them the execution of their said office upon pain of every of them making default to forfeit twenty shillings Forfeiture for not executing Their office And the said persons so named have authority hereby to order and direct the persons and carriages that shall be appointed for these works by their discretion Every person for every plow-land in tillage or pasture that he or she shall occupy in the same parish Parishioners hovv charged and every other person keeping there a draught or plow shall find and send at every day and place to be appointed for the amending of the wayes in that parish one wain or cart furnished after the custome of the Countrey with oxen horses or other cattel and all other necessaries meet to carry things convenient for that purpose and also two able men with the same upon pain of every draught making default ten shillings And every other householder cottager or labourer of that parish having no plow or draught able to labour and being no hired servant by the yeare shall by themselves or one sufficient labourer for every of them upon every of the said six dayes work and travel in the amendment of the said High-wayes upon pain of every person making default to forfeit for every day twelve pence Charge of persons taxed in the subsidy at five pound in goods 18. Elis cap. 10. Every person except such as dwell in the City of London that shall be assessed to the payment of any subsidie to his Majesty to five pound goods or fourty shillings in lands or above during the time he shall stand so assessed and not altered and being none of the parties chargeable for the amendment of high-wayes by any former law but as a cottager shall find two able men yearly to labour in the high-wayes at such dayes and time as by the severall statutes are appointed A plow-land in severall Parishes Every person that shall occupie a plow-land in tillage or pasture lying in severall parishes shall be chargeable to the making and mending of the High-wayes within the parish onely where he dwelleth Severall plow-lands in severall Parishes And every person occupying severall plow-lands in severall parishes shall be charged to find one cart c. furnished in each town or parish where the said plow-land doth lye 2. 3. Phil. Mar. cap. 8.18 Elis cap. 10. Instruments to work Every person carriage abovesaid shall have and bring with thē such shovels spades picks mattocks and other tools and instruments as are fit and necessarie for the said work and shall perform do and keep their work as they shall be appointed by the said supervisours What houres they shall vvork or one of them 29. Elis cap. 5. eight houres of every of the said six dayes unlesse they shall be otherwise licenced by the said supervisours or by one of them Tvvo able men in stead of carriages If the carriages of the parish or any of them shall not be thought needfull by the supervisours to be occupied upon any of the said dayes then every person that should have sent any such carriage shall send to the said work for every carriage so spared two able men to labour for that day upon pain to loose for every man not so sent twelve pence Every supervisour c. for the amendment of the said high-wayes according to the Statute within the parish where he is supervisour may 5. Elis cap. 13. take and carry away so much of the rubbish or smallest broken stones of any quarry lying within the parish Rubbish in quarries where they shall be supervisours without licence or impeachment of the owner as by their discretion shall be deemed necessary for the amendment of the said wayes And for default of such quarry or rubbish every such supervisour for the use aforesaid in the severall grounds of any person within the parish and limits where they shall be supervisours nigh adjoyning to the high-way to be repaired and wherein gravel sand or cinder is likely to be found may dig or cause to be digged for gravel Dig gravel sand or cinders Gather stones sand or cinder and likewise to gather stones lying in any ground or lands within the parish and meet to be used to such purpose and to take and carry away so much thereof as by the discretion of the supervisours shall be thought necessary to be imployed in the amendment of the said wayes Not dig in quarries c. But it is not lawfull for them to cause any rubbish to be digged out of any quarry but onely shall extend to such rubbish as shall be found there ready digged c. 5. Elis cap. 13. nor to dig or cause to be digged any gravel sand or cinder in the house garden orchard or meddow of any person May dig in severall grounds nor above one only pit to be digged for gravel in any severall and inclosed ground and the same not to be in breadth or length above ten yards over at the most And the supervisors Fill up the pit which shall cause such pit to be digged for gravel sand or cinder shall within one moneth next after such digging or pit made cause the same to be filled and stopt up with earth at the cost and charges of the parishioners
artificer craftsman husbandman apprentice labourer servant at husbandry journeyman or serving-man doth play at the Tables Dice Cards Tennise Bowles Close Coyting Logatine or any other unlawfull games invented or to be invented out of Christmasse time or out of their Masters house or presence in the Christmasse time unlesse it be by licence of such masters as have a hundred pound by year or above and then also that playing to be within the precincts of such masters house garden or orchard such officer may commit every such offender to Ward till he be bound by obligation to the Kings use in such summe as to the discretion of such officer shall be thought reasonable that he shall not from thenceforth use such unlawfull games The Constables are likewise to have care for the maintenance of Archery Archerie according to the stature that every person not being lame or not having other impediment being within the age of threescore years except spirituall men Judges shall have and use along bow and arrows upon pain of six shillings eight pence for every default And that Butts be made and continued in every City and Town and that the inhabitants do exercise themselves with the long bow in shooting at the same and elsewhere upon pain for every three months so lacking Butts twenty shillings All Constables Disorders in Alehouses Church-wardens Headboroughs Tithing-men Alecunners and Sidemen shall in their severall oaths incident to their offices be charged to present the offences done contrary to the statutes made for the repressing of drunkennesse and other disorders in Innes and Alehouses Constables and other inferiour officers shall every of them once in every fifteen dayes search and enquire the defaults and disorders of Innes and Alehouses And by the Articles given in charge by the Justices of peace at their monthly meetings the chief and petty Constables are to give an account upon oath in writing of the number of Alehouses which are licenced and which are not and of those that be licenced which of them keep ill orders in their houses either by maintaining of play receiving of Tinkers Pedlers vagabonds or other suspected persons or by suffering of tipling drunkennesse c. or by selling by unlawfull measures or measures unsealed or lesse then one full ale-quart of their best ale or beere for a penny and two of their small And of Innekeepers that use their Innes as Alehouses by uttering their ale or beer out of doores or by suffering of drunkennesse tipling play or other disorder The Constable that shall not by warrant from the Justice levy the twenty shillings forfeited for keeping alehouse without licence Penalties of the Constables or for default of distresse by like warrant do not openly punish the offender by whipping him shall be imprisoned untill he do the same or pay the summe of forty shillings or if he shall not by like warrant levy the summe of five shillings upon the person convict of drunkennesse or set the party in the stocks six houres or shall not levy the summe of three shillings foure pence for unlawfull tipling or set the party in the stocks foure houres and of the Innekeepers and Alehousekeepers for their offence and permission of these disorders the summe of ten shillings for each of them or shall not levy the summe of twenty shillings for selling their beer or ale under the assize shall in every of the said cases forfeit the summe of ten shillings All Constables c. Constables shall attend the quarter Sessions are to be attendant aiding and assisting to the Justices of the peace for the execution of their Commission of the peace and of all such laws and statutes whereof they have power to hear and determine and to make presentment at their generall quarter Sessions of the peace and of all offences committed and done against any of them and of all bloud-sheddings affraies outcries rescues and other offences done and committed against the Kings peace within their severall limits or power to make fine The petty Constables of parishes Shall present offences at the Assises because their personall appearance at the generall Assises and gaol-delivery is not required shall in convenient time before every Assise bring their presentments and answer of the Articles of the said Justices of Assise fairly writ under their hands to some Justice of peace within that limit who shall take them sworn of the truth of the said presentments and subscribe his name to testifie so much And if any petty Constable be remisse herein the chief Constable who is to receive these presentments and to certifie them with his own at the said Assises shall do well to acquaint the Justices of that Division therewith before the said Assises that such petty Constable may recieve due punishment for his neglect upon pain of like punishment himself The Constables c. Shall execute the precepts of Justices of peace ought also to shew themselves obedient to the precepts of the Justices of the peace neither ought they to dispute whether their commandments be grounded upon sufficient authority or no for if a Justice of peace which is a Judge of record shall direct a warrant beyond his authoritie to a Constable or other officer yet such officer shall be held excused for executing the same although the Justice of peace himself may be blamed for it A warrant is sent by a Justice of peace to a Constable or other officer such officer must serve it himself and cannot by word or writing appoint another The Constable or other officer to whom such warrant is sent or delivered Serving of vvarrants ought with all convenient speed and secrecie to seek and find out the party and to execute the same requiring the party in the Kings name to go with him according to the warrant if the party refuse the Constable by virtue of his said warrant may arrest and carry him by force before the Justice and may require aid to assist him and if such party shall resist the Constable may imprison him in the stocks till the said party be willing to go If it be for surety of the peace or good behaviour such officer before he arrest the party ought first to acquaint him with the matter and withall to require and charge him in the Kings name to go with him before the Justice to find and put in sureties according to the warrant which if he refuse to do then ought such officer forthwith to arrest him and if his warrant expresse so much may convey him to the gaol without carrying him before the Justice and if the party shall make any resistance or seek to escape such officer may justifie the beating or hurting of him And such officer ought at the next quarter Sessions of the peace to present and deliver his said warrant and certifie his proceedings in this behalf A warrant is directed from a Justice of peace to bring one before him such officer
rogues upon the apprehension of every such rogue as aforesaid shall cause them to be stripped naked from the middle upward and to be openly whipped untill his or her body be bloudy then to be sent from parish to parish by the officers thereof or other sufficient guide with a passe the next straight way to the parish where he or she was born or last dwelt by the space of a year as the case is or being unknown to the parish where he or she was suffered last to passe unpunished Rogues are either such as never had any certain dwelling or place of abode Tvvo kinds of rogues or such as have had or have some settled dwelling or place of abode the first of these are to be sent to the place of their birth being known or being unknown to the house of correction or gaol thence to be bestowed in some service Hovv to be settled hospitall c. the second are to be sent to the place of their last settling by the space of a month c. The form of the said Passe or Testimoniall may be this A. B. Testimoniall of a rogue a sturdy rogue of middle stature c. being taken begging and vagrant in the parish of Shep. in the Countie of Cambridge and there punished this day of J. 1639. according to the statute These are therefore in his Majesties name to charge and command you to whom it doth appertein to convey the said A. B. from parish to parish by the officers thereof the next and ready way to the Town of D. in the county of N. where he or she affirmeth he doth dwell or did last inhabit or was born as the case is there to be provided for according to the law and for his or her travel to the place aforesaid is allowed dayes and no longer at his and your perill Sealed and subscribed the day year above written By us S.W. Minister H.R. Constable I.G. Parishioner Or any two of them the Constable to be one And if such rogue through his own default do not accomplish the order of such Testimoniall then is he or she to be whipped at every place for every such default Again punished till he or she repair to the place limited And this Testimoniall is not to be committed to the hands of the rogues but is to be conveyed together with such rogue by the officer himself or other sufficient guide who is to deliver both to the officers of the next parish Hovv conveyed till c. and if default be made by the officer he may be indited therefore Rogues sent as aforesaid And used are to be lodged and allowed some small relief in their said travel by the Constables of the township through which they passe or lodge and are not to be suffered to beg And if any officer shall relieve or harbour any or in any other manner then is expressed he shall not onely bear the losse thereof himself but shall also forfeit the summe of ten shillings Constables are not to post away such persons as shall come or be sent unto them that are desperately sick Directions in passing of Cripple◠and Vagrants or women with child ready to be delivered but are to keep such till they recover strēgth for by this means many have perished neither are they to deliver any vagabonds or cripples to the next Constables after sun-set or to convey such especially cripples by horse or cart upon the Lords day upon pain of punishment And the Constables that shall send a rogue c. Generall pasports by a generall pasport without conveying him from parish to parish or that shall refuse to recieve a rogue sent or doth not convey and deliver him to the officers of the next parish in all these cases he shall forfeit five pound Hinderers of their punishment and be bound to his good behaviour and so shall every other person that in any wise shall hinder or disturbe the execution of the law concerning the punishing and conveying of rogues c. and every person that shall receive relieve or harbour any rogue or vagabond and shall not apprehend and carry them to the Constable to be punished and conveyed shall forfeit for every default ten shillings Constables shall answer for every rogue or vagabond that shall be seen to passe the town unpunished Relieving and harbouring not punishing rogues and his absence shall not excuse him for he is by himself the watchmen or other sufficient deputy to be alwaies present None shall be suffered to straggle and beg within their own parishes None shall beg but are to be relieved by work or otherwise at home and if in any parish there be found any persons that live out of service or that live idly and will not work for reasonable wages or live to spend all they have at the Alehouse those persons are to be brought by the high Constable and petty Constables to the Justices at their monthly meetings there to be ordered and punished as shall be found fit Searches shall be made for rogues Generall privy searches shall be made twice at the least every year in every Hundred Town and Village by the appointment of the Justices for the finding out of all rogues wandring and idle persons and for the bringing of them before the said Justices at their said meetings to be punished and conveyed or being incorrigible to be sent to the gaol c. And if the chief or petty Constable shall not appear as aforesaid or shall not give an account upon oath in writing and under the hand of the Minister of every parish what rogues and vagabonds they have apprehended both in the same search as also between every such assembly and meeting and how many have been by them punished and otherwise sent unto the house of correction they shall forfeit such fines as by the said Justices shall be thought fit not exceeding 40. shillings St. 39. Elis cap. 4. And the Minister shall forfeit for every default five shillings Incorrigible rogues Incorrigible rogues are such as shall appear either to be dangerous to the inferiour sort of people or such as will not be reformed of their roguish kind of life The Constable is to execute the said punishment of whipping either himself Whipping of rogues or by some other by his appointment Maiors Sheriffs Bayliffs Unlawfull games Constables and other head-officers within every City Borough and Town within this Realm ought under pain of forty shillings for every default once every month at the least to make search as well within liberties as without in all places where any unlawfull games shall be suspected to be kept or used and may arrest and imprison as well the keepers of such places as the haunters of the same till they be found no more to keep or haunt such places And if any such officer as aforesaid shall find or know that any