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A42380 The compleat constable directing all [brace] constables, headboroughs, tithingmen, churchwardens, overseers of the poor, surveyors of the highways, and scavengers in duty of their several offices according to the power allowed them by the laws and statutes, continued to this present time, 1692 : also directions for the London constables, to which is added a treatise of warrants and commitments proper for the knowledge of all constables, &c. Gardiner, Robert. 1692 (1692) Wing G238B; ESTC R40879 79,778 167

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case made and provided By and during all which time and term the said N. O. shall and will faithfully serve the said P. Q. his Master in all his lawful Business according to his power wit and ability and honestly and obediently in all things shall behave himself toward the said P. Q. his Wife Children and Family And the said P. Q. for his part promiseth Covenanteth and agreeth That he the said P. Q. the said N. O. in the Art Skill and Myste●… of a Taylor ‖ Or in the Art and and Skill of Husbandry or Housewifery as the case is shall teach and instruct or cause to be taught and instructed the best way and manner that he can according to his knowledge and also to find and allow unto his said Apprentice sufficient Meat Drink Washing Lodging Linnen Wollen Shoes Stockings and all other things meet and necessary for such an Apprentice during all the said Term. In Witness whereof the said Parties to these presents have to the same interchangably set their Hands and Seals the Day and Year first above written Let the Churchwardens Overseers and Apprentice seal and deliver one part to the Master And let the Master seal the other part to them And it may be the better to get the two Justices to signifie their Consent by Indorsment on the Backside of the Indentures Note that Mayors Bayliffs or other Head Officers of Corporate Towns have in their several Precincts like Authority as the Justices of Peace have in the Counties for all the uses and purposes in this Act And the like hath every Alderman of every Ward in the City of London Stat. 43 Eliz. cap. 2. Note this Placing of Apprentices may be to any Man or single Woman or Widdow whom the Officers and Justices think fit to receive them either to learn a Trade or Husbandry or Housewifery And note That all such as are bound Such Indentures are safe to the Overseers c. as aforesaid may safely be received and kept as Apprentices by their Masters or Mistresses to whom they were so bound 1 Jac. 1 cap. 25. 21 Jac. 1. cap. 28. 3 Car. 1. cap. 4. By the Stat. 7 Jac. 1. cap. 3. Mony given How Mony given to put out poor Children shall be employ'd to put out poor Children Apprentices is to be employed by the Corporation or Parson Constables Churchwardens and Overseers accordingly on pain that every of them forfeit five Marks And the Person that takes Mony with such Apprentice shall give Bond to repay it at seven Years end or within three Months after Or if the Apprentice dies Apprentice dye in the mean time then within one year after his death and the like of the death of the Master Mistress Master dies or Dame so as the Mony may be employed for putting out others If a Master c. shall put his Apprentice Master may not take away his Apparel How an Apprentice may be discharged from his Master Overseers to be assisting to other Officers into Apparel he cannot take it away from him though he should afterwards part with his Apprentice Bro. Tresp 93. And note that An Apprentice cannot be discharged from his Apprenticeship but by four Justices at the least in open Sessions by Agreement in Writing under his Masters hand Dalt Just P. fo 79. You may perceive by what has been said before that these Officers are to be assisting in some cases to Constables as for Irish Cattle c. which is left to you observation in reading this Treatise The Overseers are to receive for the Fines and Forfeitures to be received by them Poors use the Fines laid upon such as with Nets Snares or Engins take and kill Fish Conies c. unlawfully without the Owners consent Stat. 22 23 Car. 2. cap. 25. Also a Third part of such as Travel with above five Horses in length See the next Chapter vide Antea Chapter for High-Ways By the Stat. 30 Car. 2. cap. 3. upon the Forfeiture for not Burying in Woolen Ministers Notice to the Churchwardens or Overseers of the Poor under his Hand That no Affidavit is brought to him according to the Statute for Burying in Woolen they are within eight Days after to repair to the Chief Magistrate of any Town where the Deceased was Buried else to a Justice of Peace who upon the Ministers Certificate are to grant a Warrant to levy the Forfeiture viz. 5 l. by distress and sale of the Goods of the Party deceased or in default thereof of the persons Goods in whose House the Party died or the Goods of any that had a hand in putting the Party deceased into any Shroud or Cossin made or lined c. with any thing but Sheeps Wool contrary to this Act or that ordered the same And if such person were a Servant and died in the Masters Family the Masters Goods to be liable And if such person died in the Family of his Parents then the Parents Goods to be liable One part of this Forfeiture to the Poor of the Parish the other to him that will sue for the same Note no Penalty shall be incurr'd where the Party died of the Plague If a Justice be not in the Parish where the Party shall be Interr'd the Affidavit may be administred by any Parson Vicar or Curate in the same County other than of the Parish or Chapel of Ease where the Party is Interr'd and they are to attest the same under their hands gratis Stat. 32 Car. 2. cap. 1. Officers neglecting their Duty by this Forfeitures of Officers Act forfeit 5 l. for every Offence to be recovered by Action brought within six Months after the Offence One fourth part to the King two to the Poor of the Parish and one fourth to the Informer 30 Car. 2. cap. 3. These Officers within four Days after Overseers to Account their Year ended and others chosen are to make a true Account to two Justices of what Monies they have Received and Disbursed what Wares they have in their hands or in the hands of any of the Poor what Prentices they have put out c. 43 Eliz. 2. Dalton fo 96. And they are also to give an Account at their Sessions or to any two Justices at their monthly Meetings of the Name and Quality of every person Interr'd since their former Account and of the Certificates and Account of Certificates and Burials c. their levying Penalties and of the disposal thereof on pain of 5 l. to be levied by distress and sale and their Accounts shall not be allowed till they have accounted for the Burials 30 Car. 2. 3. Upon their last Accounting what is remaining To pay over the Remainder Commitment they shall pay over to the New Overseers if they refuse to account the Justices may send them to Gaol and if after they have accounted they refuse or fail to pay over the Mony in their hands to their Successors
any Disturbance Disturbing a lawful Settlement be made to any Settlement lawfully Ordered by the Justices either by the Constables refusing to receive and convey a Rogue where they ought to do it Or by the Churchwardens and Overseers of the Poor in refusing such a one as is duly sent to be setled there In such case they forfeit Forfeiture 5 l. by Stat. 29 Eliz. cap. 4. A. lives in a House at B. with his Children Lives in one Town Works in another but works in C. being hired there by the Year In this case its said his Children are setled in B. and not in C. in case of A's Death If a Woman unmarried be hired in one Child got in one place born in another Parish and there got with Child and then goes into another Parish and is there setled in Service or otherwise for two or three Months and then is found with Child and Deliver'd In this Case It s said she and her Child shall be setled in this Parish where she is and not be sent to the Parish where the Child was begotten Resol Judic Sect. 12. Concerning Bastard Children OBserve further That the two next Justices Punishing the Mother of a Bastard-Child c. may take order as well for the Punishment of the Mother of a Bastard-Child as also to compel her and the reputed Father to save the Parish harmless by allowing Mony weekly and may Imprison him or her if that Order be not performed The Justice also to discover the truth of the Matter may examin the Mother upon her Oath concerning the Father of the Child Dalt fo 37 38. 18 Eliz cap. 3. 7 Jac. cap. 4. If a Woman be Deliver'd of a Bastard-Child Bastard born in one Parish and carried into another in one Parish and then goes into another Parish with her Child In this Case the Child after it is Nursed is to be sent to and setled in the place where it was born and not to remain with the Mother Resol Judic Sect. 21. If A. have a Bastard-Child by B. born Bastard-Child kept 10 years with the reputed Father how to be setled after the Fathers death in D. and the reputed Father marries another Woman and they breed the Child 10 years in the Parish of S. the Mother of the Child being a single Woman and in Service all this while and then the reputed Father dies In this Case its said the Child is to be sent to the Mother first to be maintained by her if she be able and if not it must be kept by the Parish of S. where it was setled 10 years with the Father 2 Bulstr 350. Concerning the Putting forth and Binding Apprentices FOr the doing of this It must be observed What poor Children may be put out Apprentices First That they are to be such Peoples Children whose Parents are unable to maintain them and to be done with the consent of two Justices Stat. 7. Jac. cap. 3. Secondly That the Children so put forth Of what Age they ought to be and how long to be bound ought to be above seven and under fifteen years of Age when they are first bound and they may bind the Man-child till 24 years of Age and the Woman child till 21 years of Age or that she shall be married which shall first happen 43 El. 2. Dalton fo 83. Thirdly These Officers may with the What persons may be compell'd to take such Apprentices help of the Justices compel any man whom they think fit within the Parish to take a Poor mans Child with Mony or without as they see occasion Resol Jud. Q. 1. And if the Master and Officers cannot agree the Justices thereabouts or in their defaults the Sessions must end the Matter Dalt fo 95. Res Jud. Quest 2. Fourthly They may put them to Weavers Tradesmen Husbandmen Houswives Gentlemen c. Masons Dyers Fullers or any other Trade as well as to Husbandry or Housewifery And if all Men that have or may have use for Servants whether Knights Clergymen Gentlemen Yeomen or Tradesmen are bound to take Apprentices And if they be Rich though they Table themselves and alledge that they have no occasion for Servants yet they may be forced either to take them or give Mony towards the Placing of them with others And if they refuse to pay the Sum imposed upon them two Justices of Peace may make Warrants to levy the same by distress and Distress sale of the Offenders Goods Or they may Present and Indict such as refuse to take Indictment such Apprentices at the Assizes or Sessions of the Peace Stat. 43 Eliz. cap. 2. Dalton fo 83 95. Res Jud. Quest 4. So may the Parents of the Children be The Parent of the Children Indicted Indicted if they not being able to bring them up honestly refuse to part with them or if they shall entice their Children away after they are bound Dalton Just P. fo 78 96. If the Children shall refuse to go to be The Children sent to the House of Correction To be bound by Indenture and how Apprentices when ordered the Justices may send them to the House of Correction till they shall be content to be bound Dalt ut supra Note these Apprentices must be bound by Indenture the Indenture to be made between the Justices Churchwardens and Overseers of the Poor and the Apprentice of the one part and the Party that takes the Apprentice on the other part Or it may be said to be with the consent of the Justices The Form whereof is as followeth THis Indenture made the First Day of The Form of the Indenture December in the Third year of the Reign of our Sovereign Lord and Lady William and Mary by the Grace of GOD of England Scotland France and Ireland King and Queen Defenders of the Faith c. Annoque Domini 1691. Witnesseth That A. B. and C. D. Overseers of the Poor of the Parish of St Giles's in the Fields in the County of Middlesex and E. F. and G. H. Churchwardens of the same Parish by and with the Consent of J. K. and L. M. Esquires two of Their Justices of Peace for the same County have placed and by these presents do Place and Bind N. O. being a poor * Or you may say Son or Daughter of such an one unable by reason of his Age and great Charge to bring up and maintain his or her said Son or Daughter as the case is Fatherless Child as an Apprentice with P. Q. of the said Parish of St. Giles's in the Fields Taylor and as an Apprentice with him the said P. Q to dwell from the Day of the Date of these presents until he the said N. O. shall attain the Age of 24 † If it be a Girl you may bind her to 21 or Day of Marriage and a Boy may be bound to 24. Years according to the Statute in that