to be levied by Distress and Sale of Goods and converted to the use of the Poor of the Parish and this to be done by the Constable and Churchwardens by Warrant from a Justice of the Peace of the same County and upon Distress and Sale the Overplus to be returned to the Owner of the Goods if any such remain and a Constable c. refusing or neglecting to execute any such Warrant to him directed forfeits for such his contempt 40 s. upon failure of Goods to levy the Distress upon such Alehouse keeper the Constable being impowered by the Warrant aforesaid may openly whip or cause the Offender to be whipped in his presence the Goods upon Distress are to be sold in three Days the Offence to be proved before the Justice of the Peace who grants the Warrant and the Justice upon Default of the Constable in executing his Office relating to the Premises may commit him to Goal till he causes the Offender to be whipped or pay the Forty Shillings to the use of the poor 3 Car. 2. Chap. 3. Dalt Just P. Chap. 7. Folio 31 32. If a Warrant be directed from a Justice of the Peace to a Constable and Churchwardens against an Inn-keeper Alehouse-keeper or Victualer for suffering excessive drinking or tipling in his House as any Townsman or others so tipling or being Drunk and he neglects to do his Duty he forfeits 10 s. to be levied by Distress and Sale of Goods to the use of the poor of the parish Any person for excessive tipling is to pay 3 s. 4 d. or to sit in the Stocks 4 Hours for being drunk 5 s. or to sit in the Stocks 6 Hours if the Mony be not paid or there be no Goods belonging to the Offender whereon Distress is to be made and the Inn-keeper Alehouse-keeper or Victualer for suffering such Offences in his House upon due proof forfeits 10 s. and the Distress made must be sold in 6 Days if the Mony of the Distress be not in the mean while payed and if such Alehouse-keeper Victualer c. refuses to sell a full Ale Quart of the best Ale or Beer for one penny or two Quarts of small Beer for a penny or selling less than such Measure the party so offending forfeits 20 s. for every Offence to be levied as aforesaid And if in these particulars no Distress be found or if the Officer neglects within 20 Days to certifie the Default to the Justices the Officer forfeits 40 s. to levied by Distress and Sale of Goods to the use of the poor by Warrant to be directed to any indifferent person under the Hands and Seals of one or two Justices of the Peace and for Default of such Distress the Justice may send send the Offenders to prison there to remain till the Forfeitures are paid pursuant to the Statute 1 Jacobi Chap. 9. 1 Car. 1. Chap. 4. and some other Statutes relating to these Forfeitures and Penalties in Particulars and Generals but Offences of this Nature are to be enquired into within 6 Months after they are committed and the Constable and other Parish Officers may be charged upon Oath to make a due presentment of them As for Ale-measure here it is meant Winchester Measure the Statute not being repealed by reason of Excise and Dearness of Hops and Malt to what it was in former times the price of Drink is raised by the Brewers that a Winchester Quart of strong Beer or Ale stands the Victualler in more than a penny yet let them beware of raising it to an extorting price lest this Statute may be made use of to keep their Consciences within Bounds of Moderation If any Alehouse-keeper refuse to lodg a wafaring Person or Traveller he or she offering Mony for the Victuals and Drink c. in present pay the Constable upon such Refusal may cause such Alehouse-keeper or Inn-keeper to be indicted at the Sessions or Assizes where he may be Fined or Imprisoned or the Party so refused may bring his Action on the case but then ready Mony must have been offered before-hand if required Coke 9. Rep. Folio 87. b. 10. Hen. 7. 8. Dalton Just P. Chap. 7. Folio 28. They lye liable to Penalties also for keeping any gaming in their Houses or Backsides and indeed the Laws are very strict in these Cases to prevent Mischief and Inconveniency CHAP. LVIII The Office of a Constable c. relating to Weights and Measures in Cities Towns Corporate c. IN the Market Towns Cities and Borroughs there ought to be common sealed Weights and Measures at which the Inhabitants may be freely allowed to weigh and all Foreigners must pay for every Draught under 40 l. one Farthing and for a Draught between 40. and 100. a Half-penny and for a Draught between 100. and 1000. a Penny which Mony is to go towards the maintaining the Weights and the Person that attends the Service or the Officers that attend the Service may have his Reward at the Discretion of the Inhabitants 8 Hen. 6. Chap. 5. And if in a City such common Weights and Measures are wanting it forfeits to the King 10 l. every Borough 5 l. and every Town where publick Market is held 40 s. and the Chief Officers of such places are upon the Request of the Inhabitants c. to them made to Seal and Mark such Weights and Measures for any of the King's Subjects taking for Sealing and Marking as the Statute in that case directs and none ought to Weigh or Measure with any other than what are Sealed and Marked 8 Hen. 6. Chap. 5. 11 Hen. 7. Chap. 4. And for the more regular and due observing of this that no Frauds in this kind may be the Mayors and Chief Officers in Cities Burroughs c. once every Year at the least are to view all Measures and Weights within their Jurisdiction and to burn or break such as are not Sealed or less than Measure or Weight according to the King's Standard also to Amerce the Offendor viz. For the first Offence 6 s. 8 d. for the second Offence 13 s. 4 d. and for the third Offence 20 s. and over and above the Offendor may be Adjudged to to be set in the Pillory 11 Hen. 7. Chap. 4. CHAP. LIX The Office and Duty of a Constable in setting and ordering the Watches Forcible Entries c. FOR the better Security and quiet Repose of the Inhabitants in every Town Village Parish and Tything a Watch every Night from Ascension day till Michaelmas ought to be kept from Sun-set to Sun-rising which the Constables and other Officers there appointed must cause to be set by two four or more able Men according to the largeness of the Place 13. Edw. 1 Chap. 4. Poulton Tit. Watch 1 Dalt 60. Folio 140. The Watches thus Lawfully set by Authority have Power to Examine such Persons as pass by them in the Night being Strangers on others and finding a reasonable ground for Cause of Suspicion they may secure them
to answer to such matters as shall be objected against him by N. M. within named to do and receive what the Court shall then and there enjoin him and that he do in the mean time keep the Peace of our said Sovereign Lord the King towards the King's Majesty and all his Liege People and especially towards the said N. M. of E. aforesaid Yeoman that then this Recognizance to be void and of none effect or else to be and remain in full Force and Virtue The Form of a Condition for one to appear before the Justices of Peace at their next Sessions The Condition of this Recognizance is such that if the within Bounden W. A. shall make his Personal Appearance before the King's Majesties Justices of the Peace at the next Quarter-Sessions of the Peace to be holden for the said County of S. then and there to make Answer unto such Matters as on His Majesty's behalf shall be objected against him by W. A. or concerning c. and there shew the Matter shortly and shall also stand and abide such further Order as the said Court shall award or set down therein that then and from thenceforth this present Recognizance shall be frustrate and void or else to remain in full Force and Virtue The Form of a Condition for one that hath dangerously hurt another The Condition of this Recognizance is such that whereas the within bound K. R. hath now dangerously Hurt or Wounded L. G. of R. within the said County of S. Butcher giving him divers Blows or Cuts on the Head Face c. with a Chopper made of Iron and Steel so as the said L. G. is in danger of Death thereby If therefore the said K. R. shall make his Personal Appearance before the King's Majesty's Justices at the next General Goal-delivery to be held in the said County of S. then and there to make Answer to the Premises and to receive that which then shall be by the Court Injoyned him and that he the said K. R. in the mean time do keep the Peace of our said Sovereign Lord the King towards the King's Majesty and all his Liege-people that then c. as before CHAP. XXIV The Forms of Mittimus's to deliver Persons Committed to Goal c. The Form of a Mittimus to send a Disorderly Servant or other Disorderly Person to the House of Correction Berks. I Have send you herewithal the Body of D. B. of R. in the said County of B. being an Idle Dissolute and Disorderly Fellow or one that will not keep his Service nor follow an Honest Course of Life These are therefore to Will and Require you to receive the said D. B. and him safely to keep till he shall be thence delivered by Warrant from my self or some other His Majesties Justices of the Peace for this County of Berks and in the mean time to hold him to hard Labour giving him the moderate Correction of the House by Whipping and otherways according to Law in such Cases provided and hereof fail not at your Peril Dated c. ☞ Note that the Justice at his Discretion may Limit a Time for his Imprisonment in the Mittimus as two or three Days and then to be Discharged c. The Form of a Mittimus of a Felon after his Examination taken Surrey I. B. Knight one of His Majesties Justices for the County aforesaid to the Keeper of His Majesties Goal at the Marshalsea in the Burrough of Southwark in the County aforesaid c. Greeting I send you herewith the Body of B A. late of G. Labourer brought before me this present Day and Charged with the Felonious taking five Swine which he hath also confessed upon Examination before me And therefore these are on the Behalf of our said Sovereign Lord the King to Command you that you immediately receive the said B. A. and him safely keep in your said Goal until that he shall be thence delivered by due Course of Law Hereof fail not as you will answer the Contempt at your Peril Given at C. the Day of in the Year of the Reign of our Sovereign Lord c. ☞ Note here the Party Confessing the Felony on Examination is held to Bar himself of being Bailed by the Justice c. The Form of a Mittimus upon Suspicion of Felony c. Essex I. D. Esq one of the Justices of the Peace for the County aforesaid To the Keeper of his Majesty's Goal at Chelmsford in the said County or to his Deputy there Greeting These are in his Majesty's Name to Charge and Command you that you receive into your said Goal the Body of B. K. late of D. Mariner taken by L. C. Constable of the Town of C. and by him brought before me for Suspicion of Felony c. and that you safely keep the said B. K. in your said Goal until the next General Goal-delivery for the said County if he be not Bailable or if Bailable then thus until he shall be thence delivered by due Course of Law And hereof fail not as you will answer the Contempt at your Peril c. The Form of a Mittimus to send the Reputed Father of a Bastard-child to Goal Warwick I send you herewithal the Body of C. R. of B. in the County of W. Labourer brought before me this present Day and Charged by S. J. of the same Town to have gotten her with Child and for that the said C. R. refuseth to put in Security for his Appearance at the next Quarter-Sessions and to the end he may be forth coming when as Order shall be taken for the Relief and Discharge of the said Town of B. and for the keeping of the said Child when it shall happen to be Born according to the Statute in that Case made and provided These are therefore on His Mejesties behalf to Charge and Command you that you immediately receive the said C. R. and him safely keep in your said Goal until such time as he shall be from thence delivered by due Order of Law and hereof fail not as you will answer your Contempt at your Peril Dated c. ☞ Note that in every Mittimus the Cause of the Commitment is to be set down to the end that it may appear and be made known whether the Prisoner be Bailable or not and the Mittimus must be directed to the Goal-keeper or his Deputy Also where the Justices of the Peace out of their Sessions may hear and determin and so may Commit Offenders for the Offences or Fine it is necessary that in their Mittimus there be contained the Manner of the Offence and how long time the Prisoner is to be kept in Prison for it and after this manner with varying the Names of Places and Persons as it shall happen on the Occasion and some other Variations i◠Point of Fact c. These may direct a Clerk to make others c. And Mittimus's may be directed thus c. To the Keeper of His Majesty's Goal
Year upon Proof the Infection at the time he or she so Offends 1 Jacobi 1. Chap. 13. Wingate's Stat. Tit. Plague Dalt Just P. Chap. 39. Folio 91. If a Constable or such other Officer whom it concerns shall neglect or willingly refuse to Levy the Money by Warrant under the Hands and Seals of two Justices of the Peace upon the Statute for the Relief of any Town or Place Infected with the Plague by Distress and Sale of the Goods of such persons as neglect or refuse to pay on such emergency for every such Offence the said Officers are liable to forfeit Ten Shillings to be distributed among the Sick as by the Statute is directed 1 Jacobi 1. Chap. 13. Dalt Just P. Chap. 39. Folio 91. Wingate's Stat. Tit. Plague The Justices of Peace one or more of them are to appoint in their several Limits Watchmen Keepers Searchers and Buryers as likewise may the Head Officers in Towns and Corporations do the same And if any Infected person contrary to the Commandment of the Justice Constable or other Head Officer c. shall wilfully attempt to go abroad and Resist their Keepers or Watch-men they may Restrain them by Violence and Compel them by Force to keep their Houses and if they be Hurt or Wounded the Watch-man shall not be Troubled for it because it was their Duty after such Warning to have kept their Houses 1 Jacobi 1. Chap. 13. Crompt 122 c. Dalt Just P. Chap. 39. Folio 91. Wingate's Stat. Tit. Plague CHAP. LIII The Office of a Constable c. Relating to Routs and Riots and what they are THE Power of a Constable in Disorders of this Kind is very great and it is his Business to be diligent in Suppressing them as also that of the Sheriffs and others the King's Officers by reason such Tumults are of dangerous Consequence to the Government and many times as it has been known from small beginnings broke into open Rebellions and disturbed the Peace of the whole Kingdom and therefore Note where three or more Persons shall Meet and Assemble themselves together to the intent to do any unlawful Act with Violence or Force against the Person of another his Possessions or Goods as to beat kill or otherwise to hurt or without Authority to Imprison a Man in his own House or elsewhere To pull down a Wall Pale House Hedg Ditch or wrongfully to enter upon or into the Possession of another Man's House or Land c. Or without Right to cut or take away Wood Corn Grass or other Goods or Unlawfully to Hunt in any Warren or Park or with Force or Violence do any other unlawful Act against the King's Peace to the manifest Terror of the people And if they only meet to such Intent or Purpose though they afterwards depart of their own accord without putting their Intentions in Execution it is nevertheless an unlawful Assembly by reason their first Intention which occasioned them so to Assemble was with an evil Design Bro. Tit. Riots 4 5. Co. 3. Part Institutes Folio 176. Dalt Just P. Chap. 85. Folio 217. Stat. 27 Rich. 2. Chap. 8. CHAP. LIV. The Office of a Constable in what concerns it relating to Rogues Vagabonds sturdy Beggars c. TO disencumber the Kingdom of lazy persons who loyter about and decline Working in expectation to live upon others Labours by Begging or Pilfering the Law has in the following manner provided against such Nusances Therefore The Constable Headborough or Tythingman assisted by the Minister and one other Inhabitant of the Parish may take any Rogue or sturdy Beggar Vagabond c. they shall find Loytering up and down in their Parish or Precinct and strip him or her naked from the middle upwards and whip or cause to be whipped openly the said Rogue or Vagabond till the Body be bloody and then forthwith be sent away from Parish to Parish or Tything to Tything the next strait way guiding or leading to the place of the Birth of such Vagrant and if that may not be known then to the place where he or she last Inhabited or Resided by the space of one whole Year before such punishment Inflicted and if that be unknown then to the Town through which the party last past Unpunished and being there if it cannot be discovered where the party was Born or last dwelt then the Constable of that Town or place is to convey him or her to the House of Correction or Common-goal of the County there to be employed at hard Labour or put to Service for the space of one Year and if disabled by Age or Casualty as maiming c. and so not fit for Labour that Town is to be at the Charge of keeping the said Vagrant till such time as he may be placed in some Alms-house within the County by 39 Eliz. Chap. 4. Wingate's Stat. Tit. Vagabonds Bulst 2. part Reports Folio 257 Resol Judges Sect. 417. It is further provided that after such punishment is inflicted that the Vagrant shall have a Testimonial under the Hand and Seal of the Constable Tythingman or other Officer subscribed also by the Minister of the Parish testifying the Place and Day of such Punishment being inflicted and the time he is to have in going to the Place to which he is directed and if he or she loyter by the way till the time is out such Punishment may again be inflicted and so as often as the Default is made till arrived at the limited Place and such Testimonial Especial in Substance is to be registred by the Minister in a Book kept for that purpose or in defect he to forfeit 5 s. Dalt Folio 129. CHAP. LV. A Copy of a Testimonial in Manner and Form as in this Case the Law directs N. T. A Sturdy Vagrant Beggar aged about 30 Years of middle Stature black Hair fresh Coloured and Round Visaged with a Cut on his left Cheek was this 26 Day of September in the 12th Year of the Reign of our Gracious Lord King William the Third c. openly whipt at D. in the County of C. according to the Law for a wandring Rogue and Vagabond and is assigned to pass forthwith from Parish to Parish by the Officers thereof the next straitway to L. in the County of M. where he declareth himself to be Born and he is limited to be at L. aforesaid within 14 Days next ensuing the Date hereof at his Peril Given under the Hands and Seals of us James Forbs Minister and Timothy Darcy Constable of D. Given the Day and Year aforesaid This may be granted also by a Justice of the Peace alone under his Hand and Seal And if the Act of the Thirty ninth of Elizabeth be neglected in the Execution of it by any Constable Tythingman Headborough c. he so neglecting forfeits 10 s. for every Default and he that hinders any Execution of this Law upon Rogues and Vagabonds incurs the Penalty of five Pounds and may be bound over to the good
till the Morning and such as refuse to obey they may levy Hue and Cry in pursuit of them And where they resist if the Watchmen beat them it is justifiable and to secure them they may put them into the Stocks or Cage till the Morning and then if they give a good account of themselves or that no further Suspicion appear but that they may be honest people they may let them go but if otherwise then they are to deliver them to the Constable who is to convey them before a Justice to be examined who may commit them bind them over or utterly discharge them according as he finds Cause The Watch in this Case is to Apprehend such as Ride or go Armed Scouts Evesdroppers Noctivagrants Night-walkers and all sorts of Rogues and Vagabonds c. 1 Dalt Chap. 60. Folio 140. 5 Hen. 7. 5. 5 Edw. 3. 14. The Watch so set by Authority must be Men Healthy and of able Bodies and do their Duty sufficiently Armed and no person not being an Inhabitant within the Town or Parish where the Watch is kept can be compelled to Watch. The Inhabitants are to take their Watching in turns as it comes to them by the Number of Houses as the Custom of the place has been and may not by compelled out of order by the Constable to do it If any Inhabitant be lawfully Warned in his Turn by the Constable to Watch and refuses it he may Present him at the next Sessions or Assize or to make his Complaint to a Justice of Peace who has Power to bind him over to his good Behaviour and so continue him to the next Assize or Sessions to answer the Contempt and this is the surest way though Dalton holds the Constable Ex Officio may set him in the Stocks for such Contempt If a Constable or any private person do make a Refusal to attend on a Justice of the Peace being so Requested to do in order to remove a Force or convey any party to the Goal for such a Neglect of his Duty he may be Imprisoned and over and above Fined to the King 15 Rich. 2. Chap. 2. Dalt Just P. Chap. 22. Folio 57. CHAP. LX. The Office of a Constable relating to Hedge-breakers Destroyers of Vnderwoods c. THE Constables Headboroughs Tything-men c. are Impowered to Apprehend or cause to be Apprehended any such persons they suspect to have carried away any Burthens or Bundles of Poles Underwood young Trees or the Bark of any Trees Pales Rails Gates Posts Hedge-wood Broom Furzes or any Bundles of Wood c. And by Warrant under the Hand and Seal of one Justice may enter into the House or any place belonging to the House of such Offender or person suspected and where they shall find any such Wood c. To Apprehend the party suspected for cutting the said Wood and those in whose Custody it is found and to carry them before a Justice of Peace in order to be examined and if no sufficient Account can be given how they Lawfully came by it or shall not within a Time Limited prove who he bought it of then shall he stand Convicted of cutting and spoiling Wood within the Statute of 43 Eliz. and for the first Offence shall give such Satisfaction to the Owner as the Justice shall appoint and over and above pay to the Poor where the Offence was committed such Summ as the Justice shall Amerce him in not exceeding ten Shillings and for Non-payment the Justice has Power to Commit the Offender to the House of Correction for a limited Time as he shall think fit not exceeding one Month or at his Discretion to be Whipped by the Constable or other Officer For the second Offence the Offendor is to be sent for one Month to the House of Correction and there to be held to hard Labour and upon a third Offence to be Punished as an incorrigible Rogue 15 Caroli 2. Chap. 2. If any Person procure for Mony any Burthen of Sticks Wood or Under-wood c. of such Persons as may reasonably be suspected to have gotten them Unlawfully and a Complaint be made to a Justice of the Peace and it appear upon Examination that the Wood so bought was Unlawfully come by the Justice may compel the Party who bought it to pay treble the value to the proper Owner and for want of such Payment upon Warrant granted the Constable may Levy it by Distress and Sale of Goods rendring the over plus to the Owner if any there be and in defect of wherewith to make Distress to Commit the Party to the Goal at his proper Charge to continue there for the space of a Month not liable to Bail 15 Caroli 2. Chap. 2. ☞ Note that by Virtue of this Statute no Person is to be punished that for the same Offence has ben punished by a former Law and every Offender to be brought within the force of this Statute must be Prosecuted within 6 Months after the Offence is committed CHAP. LXI What is required of a Constable in the Performance of his Office in case of Landlord's Distraining for Rent c. ACcording to the late Act made the 1st Day of June in the second Year of W. and M. 1690. If a Distress be made on the Premises and the Tenant or Owner of the Goods or Chattels so Distrained do not within five Days after the Distress made and notice thereof given with the cause of such taking left at the chief Mansion-house or most noted Place on the Premises charged with the Rent for which the Distress is made Replevy giving sufficient Sureties to the Sheriff according to Law That then the five Days expired the Person so distraining has Power with the Sheriff Under-Sheriff of the County or with the Constable of the Hundred Parish or Place in which such Distress shall be taken who by this Statute are required to be Aiding and Assisting to cause the Goods and Chattels so taken in Distress to be Appraised by two Sworn Appraisers whom the Sheriff Under-Sheriff or Constable are by this Act Impowered to Swear to Appraise the same truly according to the best of their Understandings And such Appraisement made Seisors may lawfully Sell and Dispose of the Goods and Chattels for the best Price that may be gotten for the same towards Satisfaction of the said Rent for which the Distress is made and of the Charges of such Distress Appraisement and Sale leaving the over-plus if any be in the Hands of the Sheriff or Under-Sheriff or Constable for the Use of the Owner And the â—oods being left on the Premisses till Sale can be made as aforesaid upon any Pound Breach of Corn c. or Rescues of Goods or Chattels Distrained for Rent the person or persons thereby Aggrieved shall upon a special Action of the Case for a Wrong thereby sustained recover his or their Treble Damages and Costs of Suit against the Offendor or Offendors of such Pound Breach or Rescues any or either
by the Act made the 14 Caroli 2. such as have Authority by Writ of Assistance under the Seal of the Court of Exchequer may take to their Assistance the Constable Headborough or other Peace Officer inhabiting near the place and in the Day time enter the House Shop Cellar Warehouse Rooms or other place and in case of Refusal or Resistance break open Doors Packs Chests Trunks or such places and take away such uncustomed and prohibited Goods as they shall there find and convey them to the King's Store-house in such Port as is next to the place where the Merchandise shall be seized see further 13 Car. 2. Chap. 11. And if the Officers of the Customs or any acting being assisting or aiding to them shall be sued indicted prosecuted or molested such Person or Persons his or their Heirs Executors and Administrators may plead the general Issue and give any of the Acts relating to the Customs in Evidence in any of the King's Courts of Justice 14 Car. 2. chap. 11. CHAP. LVIII The Office of a Constable relating to Clothiers and Irish Cattel c. IT is the Headborough or Constable's Duty upon Request to be aiding and assisting to the Wardens and Assistants for regulating the Worsted Trade and other Stuffs made at Norwich in the County of Norfolk and usually called Norwich Stuffs 14 Car. 2. chap. 5. And the Constables in the West Riding of Yorkshire by Warrant directed from the Justices of the Peace the Masters and Wardens of the Corporation or any 13 of them are impowred to levy such Fines Penalties and Forfeitures as by Virtue of the Statute mentioned shall become due from any Clothier and this to be done by Distress and Sale of the Offender's Goods c. the overplus to be restored to the Owner if any remain upon demand 14 Car. 2. chap. 5. The Justices of Peace and High Constable have power to search any House Ware-house or other place for Tenters Ring-ropes Head-wrenches or such other things used in the Stretching Cloth and such as they find they may deface and the second time they are used they may take them away and sell them the Money to be to the Use of the Poor to be distributed as they shall see fit 33 Eliz. chap. 20. All the Clothiers must pay their Spinsters and other Workfolks in ready Money and not in Wares and their Wool to be delivered to them in due weight under the Penalty of 6 d. Forfeiture for every Default and those Workfolks are to do their Work faithfully under forfeiting double Damages to the Party grieved 4 Edw. 3. Chap. 1. Fitz. Just P. 103. And the Masters or Head-Officers in a Corporation where no Master is and out of a Corporation the Justice of Peace High-Constable and Stewards of Leets shall hear and determine such Matters as arise upon Complaint as Non-payment of Wages or Damages as before-mentioned and upon due Examination if they find cause they commit the persons offending to Goal till such time Satisfaction be made to the party aggrieved Stat. ibid. Irish Cattel are not to be brought into England under the Penalty of their being seized by the Constable Head-officer or any other person or persons and to prevent fraudulent Seizures and Compositions the party or parties so seizing shall within six days after cause the said Cattel Sheep or Swine to be Killed and the Hides and Tallow to be to the Seizor and the rest distributed by the Church-wardens and Overseers among the poor of the Parish where any large Cattel Sheep or Swine shall be Imported or found and such Seizure the Overseer of the poor or Church-warden so neglecting or failing in his Duty shall for every one of the large Cattel forfeit 40 s. and 10 s. for any of the smaller Cattel as Sheep Swine c. which should have been Killed and distributed as aforesaid To be levyed by Distress and Sale of Goods one half to the Poor of the said Parish and the other to him that does inform and this to be done by Warrant and under Hand and Seal of any one Justice of the Peace and for want of such Distress the Offender to be Imprisoned without Bail for the space of 3 Months Mutton or Lamb Imported is subject to the like Seizure and Penalties as Beef Pork and Bacon as also Butter and Cheese Imported from Ireland and English Cattel purposely intermixed with Irish to colour a Defraud shall be reputed Irish and lyable as the same in all Respects 32 Caroli 2. Chap. 2. And indeed all Cattel Imported into England from any Country beyond the Seas or into the Dominion of Wales or Town of Berwick upon Tweed are seizable unless from Man Island and they to be landed in the Port of Chester or Members thereof and they not to exceed 600 in one Year and to be of no other Breed but of that Island Note the Cattel seized as aforesaid are to be kept in some publick place by the space of 48 Hours and if in that space the Owner or Owners or any for him or them shall before a Justice of the Peace of the fame County where the Seisure is made make out by the Oath of two Credible Witnesses that the said Cattel were brought from no part beyond the Seas the Isle of Man excepted then upon Warrant from the Justice they are to be Re-delivered to the Owner as the 18 of Caroli 2 directs revived with some others on this Subject and made perpetual by the 32 of Caroli 2. CHAP. LXIV Rates for the Relief of poor maimed Soldiers Mariners Prisoners c. How to be gathered and Ordered c. WHere Money is Rated for Relief of the Poor maimed Soldiers Mariners Prisoners c. The Constable within his Constabulary upon refusal or neglect of Payment may as also the Church-wardens Levy it by Distress and Sale of Goods rendring the overplus to the Owner if any there be 43 Eliz. c. 3. Wingate's Stat. Tit. Captains and Soldiers c. All Money in this manner and to the use aforesaid Collected must be quarterly delivered to the high Constable ten Days before the Quarter-Sessions or in Default the Constables Church-wardens their Executors or Administrators are to pay 20 s. by way of Forfeiture and the high Constable so receiving is to pay it to the Treasurers appointed by the Justices to receive it or upon Default he forfeits 40 s the Forfeitures to be Levied and Employed by the Treasurer for encreasing the Stock for the aforesaid Uses 43 Eliz. Chap. 3 c. The high Constables are under the Penalty of five Pounds to pay such Mony Quarterly at every Sessions to such Treasurers or Collectors as is raised in the respective Parishes and payed to them by the Constables and Church-wardens for the Relief of poor Prisoners 14 Eliz. Chap. 5. c. And they may make Distress as in case of maimed Soldiers aforesaid upon refusal or neglect of payment for Mony so Rated for the Relief of poor Prisoners
not held liable to this though he brings her considerable of his own or is afterward enabled by his Industry or at least if the latter which is held doubtful he is â—bliged to it no longer than his Wife lives Second Part of Bulst Reports Fol. 245 246 247. If any Poor Beg in the Parish a License must be granted for it by the Overseers and if in the High-ways by those Overseers And by an Order of Sessions a Cottage may be erected on the waste of a Mannor and poor Inmates may be lodged therein but it is afterward to be employed to no other Use And such Poor as cannot get Work and are able are to be set on Work by the Overseers and a Justice of Peace may send such to the House of Correction that being employed by them and the Church-wardens will not Work being not otherways able to maintain themselves and they with the consent of two Justices of Peace or more one being of the Quorum may set up occupy and use any Mystery Trade or Occupation for the better Relief of the Poor in the Parish Town or Place within their Districts to set them on Work which is very commendable and may be wished it were more put in Practice CHAP. LXXVI What relates to the Office of the Overseers in taking care to put poor Children Apprentice and what Indenture is required to find them c. IN this Care must be taken that they must be so placed as not again to be chargeable to the Parish and that they may learn such sâ—lâ—able Crafts and Mysteries as when their Time expires with Labour and Diligence they may be enabled to keep themselves and Children their Age to be above 7 and under 15 when they are so placed and in doing this the Overseers must have the Consent of two Justices of the Peace and they may Bind Men-children to the Age of 24 and the Female to the Age of 21 or till she be Married which first shall happen but it must be within the Parish or Hundred and they may give Money if they cannot put them off without and the Master's refusing to take them when so offered may be presented and indicted for the same upon the Statute of 43 Eliz. at the Assizes or Sessions of the Peace and Parents refusing to let them be so put Apprentice without good Cause shewed for it may by the Justice be bound over to answer the Default and the Children refusing may be sent to the House of Correction till they will comply He or she must be bound by Indenture and the word Apprentice specified in it or else it is not Binding The Form of which for the better Transcript on occasion by those that are ignorant of it I shall here set down The Form of an Indenture of an Apprentice put out and bound by the Overseers c. THis Indenture made the 20th of December in the Twelfth Year of the Reign of our most Gracious Sovereign Lord William the Third by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. Anno Dom. 1700. witnesseth That A P. and L. G. Overseers of the Poor in the Town of Nottingham and K. M. Church-warden of the same Town by and with the Consent of G. B. Esq and L. G. Esq two of his Majesty's Justices of the Peace of the County of Nottingham have by these Presents Placed and bound L. C. being a Poor and Fatherless Child as an Apprentice to W. H. of Nottingham aforesaid Shoemaker and as an Apprentice with him the said W. H. to dwell from the day of the Date of these Presents until he the said L. C. shall come to the Age of 24 Years according to the Statute in that Case made and provided by and during all which Time and Term the said L. C. shall the said W. H. his Master well and faithfully Serve in all such lawful Business as the said W. H. shall put him the said L. C. unto according to his Power Wit and Ability and honestly and obediently in all things shall behave himself towards his said Master and all the rest of the Family of the said W. H. And he the said H. W. for his part promiseth covenanâ—eth and agreeth that he the said W. H. the said L. C. in the Art and Mystery of Shoemaking in the best manner that he can or may shall Teach Instruct or Inform or cause to be Taught Instructed or Informed as much as thereunto belongeth or he the said W. H. knoweth And also during all the said Term to find unto him his said Apprentice Meat Drink Linnen Woollen Hose Shoes Washing and all other things necessary or needful for an Apprentice In Witness whereof we the said W. H. and L. C. have interchangeably set our Hands and Seals the Day and Year of Date abovesaid ☞ Note In this Case the Binding is effectual to all Purposes as if the Children were of full Aâ—â—e and did Bind themselves by free Consent of Indenture and Covenant and they so bound may safely be received and kept by their Masters or Mistresses to whom they are bound only if she be a Female her Marriage will release her though the time of her Indenture be not expired as in all other Cases of Indenture on that account and here otherways neither Sex can be discharged from their Masters or Mistresses to whom they are bound as Apprentices but by a Justices of Peace at least in open Sessions or else by the Agreement of the Master c. and Apprentice under the Master's Hand in Writing CHAP. LXXVII How far the Overseer is concerned about settling the Poâ—r and what otherways relates with some nice Points relating to Bastards c. BY Settlement of the Poor it is here meant such as are likely to be troublesome and chargeable to the Parish or Place where they reside And by the 13 and 14 of Charles 2. Chap. 1â— The Overseers and Church-wardens making their Complaint to any Justices of Peace within 4 days after any Person that is poor and likely to trouble the Parish cometh to settle in a Tenement under 10 l. by the Year 2 of the Justiceâ— one being of the Quorum by Warrant under their Hands and Seals may remove such a Person to the Parish where they last had a legal Settlement by the space of 40 days or more unless Surety can be by them given that the Justices shall approve of to secure the Parish c. from Damages or Charges that may ensue and all Persons agrieved have free Liberty to appeal to the Quarter-Sessions In Harvest or Work-time poor Persons setled in a Parish having a Certificate under the Hands of the Minister of the Parish one Church-warden and one Overseer of the Poor declaring them Inhabitants there may go into any of the adjacent or distant Parishes to Work and if they do not return by reason of Sickness or any other Impediment it shall not be accounted an Impediment
are such High ways as cannot be amended without the Help of Assessment then one or more Assessments from Time to Time may be made upon all the Inhabitants Occupiers and Owners of Lands Houses Tenements or any personal Estate there usually ratable to the Poor to be allowed levied and colleted by such Persons as the said Justices of the Peace at their General Quarter Sessions shall appoint and direct and the Mony so raised to be accounted for and employed towards repairing such High-ways from Time to Time as the Justices shall appoint or order to be levied by the Distress and Sale of the Goods of the Persons so assessed upon Non-payment of the same within 14 Days after Demand CHAP. LXXXVII Several things very useful to be known to Surveyors Scavengers as Commission of Sewers Weights of Hay Hay or Straw-carts standing in the Streets Wheels of Carts their Size keeping of Swine and putting out Lights Lamp-lights c. ALL the Sinks Sewers and Vaults made since the Twelfth of King Charles the Second in the City and Liberties of Westminster c. are under the Care of the Commissioners of Sewers who have power to cleanse alter or so order them as to them shall seem best for Conveniency or to make new ones and to take away all Nusances and to take away any cross Gutters or Channels in all or any of the Streets or Lanes within their Division Every Truss of old Hay brought or offered to be sold within the Cities of London and Westminster and other places within the Weekly Bills of Mortality is according to Statute to weigh 56 Pound at the least from the last Day of August to the first Day of June and from the first Day of June to the last Day of August being new Hay of the Years growth to weigh Sixty Pounds but if old Hay of the last Years growth 36 as aforesaid and none to suffer their Waggons or Carts to stand in the places aforesaid â—oaden with Hay or Straw to sell the same after two of the Clock in the Afternoon from Michaelmas to lady-Lady-day nor after Three from Lady-day to Michaelmas on Penalty of Five Shillings for every Offence or Neglect one half to the poor and the other to the Informer upon Commission of the Offence but if the Justice of Peace see it on vsew then upon Conviction one half to the poor and the other half to the Scavenger upon Default of Payment for the paving and cleansing the place or otherways to the relief of the poor as aforesaid This to be levied by Warrant by Distress and Sale of the Offenders Goods and Chattels by the Constable Headborough c. of the Parish where the Offence is committed and in Default of Distress or Non-payment within Six Days upon Notice or Writing left at the Offenders House by the Constable or Headborough where it is not by the Act of 2 W. and M. otherway provided unless the Party be a Peer of the Realm he is to be committed to the common Goal of the City or County respectively by Warrant and to remain without Bail or Mainprize till payment And by the same Statute the Wheels of every Cart or Dray to be used for any Carriage whatsoever from any place within the said Cities and Places within the same where the Streets are paved are to be made to contain in full Breadth 6 Inches in the Felly and must not be shod or wrought about with Iron Work nor drawn with above two Horses after they are up Hill from the Water side upon Forfeiture of 40 s. for every Offence to be levied by Warrant on Goods and Chattels in Distress as other the like Cases though this extends not to Country Carts or Waggons that shall bring Goods to the Cities or Places aforesaid or shall carry any Goods half a Mile beyond the paved Places of the Cities Streets c. However by an Act of 3. and 4 W. and M. Chap. 12. this last Clause seems to be altered for any Inhabitant of any of the Parishes within the weekly Bills of Mortality who dwells off and from the Pavement and uses his Cart as well off as upon the Pavement or any Brewer or Scavenger or other Person imployed in carrying away the Dirt and Soil in Lanes Streets and Alleys may use shod Wheels for Dray or Cart and narrower than Six Inches in the Fellies notwithstanding the former Act or any Law or usage to the contrary But this seems not to affect Cars and such as carry Merchants or Shop-keepers Goods By the Act 2 W. and M. no person or persons are to keep breed or feed Swine in any part of the House Backsides of the paved Streets of the said Cities Boroughs or Parishes where such Streets are contiguous on penalty of forfeiting them to the use of the poor of the Parish where such Swine shall be kept All Housholders in the Cities and Liberties of Westminster and Counties of Surry and Middlâ—sex comprized within the Bills of Mortality are by a new Act where their Houses adjoyn to and are near the Street to hang on the outside of their Houses next the Street every Night from Michaelmas-day to Lady-day Candles or Lights in Lanthorns from time to time as it shall grow Dark to continue burning till Twelve of the Clock in the Night on pain of forfeiting 2 s. for every Default unless such as shall agree to pay and make use of the Convex Lights or Lamps to be placed at such Distance in convenient places of the Streets as two or more Justices of the Peace shall approve of As for the several Acts for mending particular Ways Bridges c. they are very many and not concerning a Surveyor in general What is written may suffice not doubting but considering what is set down which is the most material it will in a great measure inform him well to discharge his Office to the Content and Satisfaction not only of the Parishioners but of the Laws requiring him in all respects to perform his Duty as a Trusty and knowing Surveyor or Scavenger FINIS