into the Kingdom of England Dominion of Wales of Town of Barwick upon Tweed in such case the Constable Tythingman Headburrough Churchwardens or Overseers of the Poor or any of them within their respective Liberties Parishes or places may take and seiz the same and keep the same during the space of eight and forty hours in some publick or convenient place where such seizure shall be made within which time if the owner or owners or any for him or them shall make it appear unto some Justice of Peace of the same County where the same shall be so seized by the Oath of two credible witnesses that the same were not imported from Ireland or from any other place beyond the Seas except the Isle of Man then the same upon the Warrant of such Justice of Peace are to be delivered to the owner or owners without delay 18. Car. 2. Ch. 2. But in default of such proof and Warrant then the same to be forfeited and one half thereof to be disposed to the use of the Poor of the Parish where the same shall be so found and seized and the other half thereof to his or their own use that shall so seiz the same 18. Car. 2. Ch. 2. Such Cattel as are Imported from the Isle of Man before excepted into England c. are not to exceed the number of six hundred in one year and they are to be of no other breed than of the breed of the Isle of Man and all to be landed at the Port of Chester or some of the members thereof and not elsewhere and this Act continues for seven years and from thence to the end of the first Session of the next Parliament 18. Car. 2. Ch. 2. CHAP. VII The Constables Office about Chimney Money THe High Constables and Petty Constables Duties about Chimney money by the 14. Car. 2. Ch. 10. and the 15. Car. 2. Ch. 13. is now much altered and particular Officers appointed for that purpose 16. Car. 2. Ch. 3. All Justices of Peace Chief Magistrates Treasurers and Under-Treasurers Constables and other his Majesties Officers are within their several Limits and Jurisdictions to be aiding and assisting to his Majesties Officers appointed for the collecting of the duty of Hearth-money 16. Car. 2. Ch. 3. The Officers appointed by his Majesty for the Chimney money once every year being accompanied with the Constable or Tythingman Treasurer or Under Treasurer or other publick Officer of the place and in all Parishes and places where there are no Constables Tythingmen or other publick Officers as aforesaid there without any such assistance may enter in the day time into any dwelling or other house Edifice Lodgings and Chambers in any of the Inns of Court or Chancery Colledges and other Societies to search and examine whether there be any more Fire-hearths and Stoves in the same then were formerly returned or certified and what are increased and decreased since the last Certificate and if they find any variance in the number returned both the Officer and Officers appointed by his Majesty and the Constable or Tythingman or other Officer aforesaid are to certifie the same under his and their hands to the Clerk of the Peace c. 16. Car. 2. Ch. 3. If the party after Demand made by his Majesties Officers or their Deputies at the house chamber or place where the duty shall arise or grow due make default or refuse to pay by the space of one hour after such demand then the Officer or his Deputy may at any time with the assistance of the Constable Tythingman or other Officer as aforesaid in the day time levy the said duty and all the Arrearages thereof by distress and sale of the Goods of the party or parties so refusing or making default rendering the overplus to the owners over and above the duty and Arrearages and necessary charges of taking the Distress which Charges arenot to exceed one Moiety of the Duty and Arrearages 16. Car. 2. Ch. 3. Note that no Arrearages of Hearth-money are to be distreyned for after the space of two years next after such duty becomes due and if any violence opposition or injury be done by any person or persons to any of his Majesties Officers or their Deputies in the due execution of their Office and the same proved by Oath before any one Justice of the Peace or chief Magistrate c. such Justice or chief Magistrate c. if they think fit may send the offender to the Common Gaol for any time not exceeding one month 16. Car. 2. Ch. 3. The Constables are to have two pence in the pound paid them by the Collector to whom they pay the Chimney mony by them collected within their Constableries and are to pay nothing to the Collectors for their Aquittances 16. Car. 2. Ch. 3. CHAP. VIII The Constables Office about Conventicles IF any Constable Headborough or Tythingman neglect to execute the Warrants to them directed for Sequestring Distraining and Selling the Estate or Goods of any Seditious Conventiculer to be Transported or neglect to distrain and sell the Goods and Chattels of such offender for the levying of such sums of money as shall be imposed on them for the first and second offence in such cases the Officer for his neglect shall forfeit five pounds the one moiety to the King and the other to him that sues for the same in any of the Kings Courts of Records 16 Car. 2. Ch. 4. Note if any person be any time sued for putting in execution any of the powers in the Act against Conventicles such person shall and may plead the general issue and give the special matter in Evidence and if the Plaintiff be Non-suit or a verdict pass for the Defendant or if the Plaintiff discontinue his Action or if upon Demurrer Judgment be given for the Defendant every such Defendant shall have his or their trebble costs 16. Car. 2. Ch. 4. CHAP. IX The Constables Office about Clothiers THe Constables and other Officers upon Request to them made are to be aiding and assisting to the Wardens and Assistants for regulating the Trade of Worsteds and other Stuffs called Norwich Stuffs made within the City of Norwich and County of Norfolk 14. Car. 2. Ch. 5. The Constables also within the West-Riding of the County of York are upon Warrant from the Justices of Peace Masters and Wardens of the Corporation of Clothiers within the said Riding or any Thirteen of them to levy such Fines Forfeitures and Penalties as shall grow due from any Clothier by vertue of the Act of the 14. Car. 2. by distress and sale of the Offenders Goods rendring the overplus to the owner upon Demand 14. Car. 2. Chap. 31. The makers of Cloth must pay to their Carders Spinners and other Labourers their wages in ready money and not in Wares and shall deliver them Wool according to due weight on pain to forfeit six pence for every default and the Carders Spinners Weavers Fullers Dyers Shearmen
which see before in the case of Pre-emption 14. Car. 2. Ch. 20. Note that this Act of the 14. Car. and the 13. Car. Ch. 8. stand upon continuance till the end of the first Session of the next Parliament CHAP. XXX The Constables Office about Quarter Monies for Maimed Souldiers Prisoners c. THe Constables and Churchwardens are to levy by Distress and Sale of the offenders Goods such mony as is rated upon any person within their Constablery for the Relief of poor maimed Souldiers and Maâ—iners rendring the overplus to the owner 43. Eliz. 3. Wingate's Stat. Tit. Captains and Souldiers 14. Car. 2. Ch. 9. And this Mony so collected is to be paid quarterly to the High Constable of the Hundred Ten days before every Quarter Sessions or else the Constable and Churchwardens their Executors c. forfeit Twenty shillings And the High Constable is to pay in the Collection Mony to the Treasurers appointed by the Justices every Quarter Sessions or otherwise he his Executors c. forfeits Forty shillings which foreitures are to be levyed and imployed by the Treasurers for the encrease of their Stock for the uses aforesaid 43. El. Ch. 3. 14. Car. 2. Ch. 9. Wingate's Stat. Tit. Captains and Souldiers The High Constables are to make Quarterly payment at every Sessions unto the Collectors appointed by the Justices of all such Sums of Mony as are raised in every Parish and paid to them by the Churchwardens or Constables for the Relief of the poor Prisoners in the Gaol under pain of Five pounds 14. Eliz. Ch. Wingate's Stat. Tit Prison and Prisoners The Constables and Churwardens are to levy by Distress and Sale of the offenders Goods so much Mony as is rated upon any person within their Parish for the Relief of the Prisoners in the Kings Bench and Marshalsey and also of Hospitals and Almshouses and relief of the Poor within their County rendring the overplus to the owner and for want of such distress the Justice of Peace may commit the party to Prison there to abide till it be paid without Bail or Mainprize which Mony the Churchwardens are to pay to the High Constable Ten days before the end of euery Quarter Sessions and if the Churchwardens their Executors c. fail to pay this Mony they forfeit Ten shillings and if the High Constable his Executors c. fail to pay the Treasurers of the County the same mony at the Quarter Sessions they forfeit Twenty shillings which Forfeitures the Treasurers may levy by Distress and Sale as aforesaid and the Monies to be imployed to the uses aforesaid 43. Eliz. Ch. 2. Wingate's Stat. Tit. Poor People Dalt J. P. Ch. 53. fo 135. CHAP. XXXI The Constables Office about Popish Recusants POpish Recusants above Sixteen years of Age shall within Forty days after their convâ—ction repair to their usual dwelling and not remove above Five miles from thence in pain to forfeit all their Goods and Lands and Annuities during Lâ—fe and if they have no certain abode then are they to repair to the place where they weâ—e born or where their Father and Mother dwells and within Twenty days after their arrival there to give their Names in writing to the Minister Constables and Headboroughs which Minister is to enter them in a Book to be kept for that purpose and he together with the said Constables and Headboroughs are to certifie the same to the next Quarter Sessions where the Justices of Peace must cause the same to be inrolled 35. Eliz. Ch. 2. Wingate's Stat. Tit. Crown The Constables and Churchwardens of every Parish or the one of them or if there be none such then the High Constables of the Hundred there are once every year to present at the General Sessions of the Peace the monthly absence from Church of every Popish Recusant and their children being above the age of nine years and their Servants together with the age of their Children as near as they can know them in pain to forfeit respectively for every such default Twenty shillings which presentment the Clerk of the Peace or Town Clerk shall Record without Fee in pain of Forty shillings Wingate's Stat. Tit. Crown 3. Jac. Ch. 4. If the Minister petty Constable or Churchwardens of any Parish or any two of them shall complain to any Justice of Peace of any person suspected for Recusancy then any such Justice may tender the Oath of Supremacy to the person suspected and if he refuse to take it then the Justice may commit the party to the Gaol there to remain until the next Assizes or Sessions of the Peace and if then the party refuse again â—e incuâ—â—â— Praemunire but if it be a Woman Covert she shall only be imprisoned there to remain without Bayl till 〈◊〉 â—ake the said Oath Wingate's Stat. Tit. Crown Dalt J. P. Ch. 45. fo 10◠〈◊〉 Ch. 6. CHAP. XXXII The Constables Office about Riots and Routs SHeriffs Constables and all other the Kings Officers shall suppress Rioters and imprison them and all other offenders against the Peace Wingate's Stat. Tit. Riots c. 27. R. 2. Ch. 8. Knights and all other Temporal persons under that degree that be above the Age of Fifteen years and be able to Travel upon warning given are to be assistant to the Justices when they shall be reasonably requested to suppress Riots on pain of imprisonment and to make Ransom to the King 2. H. 5. 8. Wingate's Stat. Tit. Riots c. Dalt J. P. Ch. 46. fo 114. Note where three persons or more shall come or assemble themselves together to the intent to do any unlawful Act with force or violence against the person of another his Possessions or Goods as to kill beat or otherwise to hurt or to imprison a Man to pull down an House Wall Pale Hedge or Ditch wrongfully to enteâ— upon or into another mans Possession House or Lands c. or to cut or take away Corn Grass Wood or other Goods wrongfully or to hunt unlawfully in any Park or Warren or to do any other unlawful act with force or violence against the Peace or to the manifest terrour of the people if they only meet to such a purpose or intent although they shall after depart of their own accord without acting any thing yet this is an unlawful Assembly because of their intention at the first Bro. Tit. Riot 4. 5. Cromp. 68. Co. 3. Part. Inst fo 176. Dalt J. P. Ch. 85. fo 217. Termes de Ley verb. Rout. Lamb. 179. 181. If after such meeting as aforesaid they shall ride go or move forward towards the execution of such Act whether they put their intended purpose in execution or not this is a Rout. Bro. Riot 4. Co. 3. Part. Inst fo 176. Termes de Ley verb. Rout. Dalt J. P. Ch. 85. fo 217. And if they do any such thing indeed then it is a Riot Co. 3. Part. Inst fo 176. Termes de Ley verb. Riot Dalt J. P. Ch. 85. fo 217.
any Vestry within any Parish in the Cities of London and Westminister Borough of Southwark and Weekly Bills of Mortality and in all other Cities Boroughs and Towns Corporate where Select Vestries are used in the Kingdom of England are within one month after their Election before the respective Archbishop Bishop or Ordinary Vicar General or Chancellour of the Diocess to make and subscribe as followeth I A. B. do declare that it is not lawful upon any pretence whatsoever to take up Arms against his Majesty And that I do abhor that traiterous Position of taking Arms by his Majesties Authority against his person or against those that are Commissionated by him And that I will conform to the Liturgie of the Church of England as it is now established And I do declare that I hold there lies no obligation on me or on any other person from the Oath commonly called The Solemn League and Covenant to endeavour any change or alteration of Government either in Church or State And that the same was in it self an unlawful Oath and imposed upon the Subjects of this Realm against the known Laws and Liberties of this Kingdom 15. Car. 2. Ch. 5. 8. He that refuses this Subscription within the time aforesaid is ipso facto deprived of such his place of Vestryman and a new one to be chosen and if such new one refuse also or if such person who shall have right of Election shall not proceed to Election within one Month after such vacancy then the respective Archbishop Bishop or Ordinary of the Diocess may under his Hand and Seal elect and nominate a discreet person of the respective Parish who after Subscription within the time aforesaid is to stand 15. Car. 2. Ch. 5. This Act is to continue till the end of the first Session of the next Parliament CHAP. II. The Churchwardens Office about Profanation of the Sabbath and of the Church 9. THese Officers are diligently to see that all the Parishioners duly resort to their Parish Church upon all Sundays and Holydays and there continue the whole time of Divine Service and none to walk or stand idle or talking in the Church Church-Yard or Church-Porch during that time and all such as shall be found slack or negligent in resorting to the Church having no great or urgent cause of absence they shall earnestly call upon them and after due admonition if the amend not they must present their Names to the Ordinary of the place 5. 6. E. 6. Ch. 1. Canon 19. 90. 111. 10. If the Churchwardens find any person absent from the Church upon Sundays or Holydays in the time of Divine Service Preaching or other holy Exercise such person is to pay 12 d. to the use of the Poor and this extends as well to all Women Covert as to other persons or the Churchwardens if they please may present such person in the Ecclesiastical Court But note that none are to be punished twice for one offence so that they must not pay their twelve pence and be presented too 1. El. Ch. 1. Hobbart's Rep. fo 97. 11. And if they find any Tipling in an Inn or Alehouse c. then besides the twelve pence for being absent from the Church as aforesaid they forfeit three shillings four pence more for Tipling and the Master of the House ten shillings for suffering them to Tipple which forfeitures are to go to the use of the Poor 4. Jac. Ch. 5. 12. The Churchwardens or Questmen are to suffer no Plays Feasts Banquets Suppers Church Ales Drinkings Temporal Courts or Leets Lay Juries Musters or any other profane usage to be kept in the Church Chappel or Churchyard neither the Bells to be rung superstitioufly upon Holydays or Eves abrogated by the Book of Common Prayer nor at any other times without good cause to be allowed by their Minister of the place and by themselves Canon 88. 13. Neither the Minister Church-wardens nor any other Officers of the Church shall suffer any man to preach within their Churches or Chappels but such as by fhewing their Licence to preach shall appear unto them to be sufficiently Authorized thereunto And the Churchwardens or Questmen are also to see that in every meeting of the Congregation the Peace be well kept and that all persons excommunicated and so denounced be kept out of the Church Canon 50. 85. CHAP. III. Some few Cases concerning Actions for and against Churchwardens 14. NOte that the Law doth make of these Officers a kind of a Corporation viz. Persons enabled by that name to take moveable Goods or Chattels and to sue and to be sued at Law concerning such Goods for the use and profit of their Parish for the property of the Goods of the Church is in them and they are by that Name enabled to take them for the use and profit of the Parish and therefore a man may well in his lifetime or by his last Will give or grant Mony or other moveable Goods to the Churchwardens or Parishioners of such a Parish for the Reparations of the Church or for buying of Books Communion Cups Linnen Cloths or other decent Ornaments or furniture for the Church 12. H. 7. fo 27. Finch's Law Lib. 2. Ch. 17. pag. 178. Kitchin pag. 278. a. 15. But they cannot take an Estate of Lands to them by Name of Churchwardens only for if a Feoffment be made to the use of the Churchwardens of D. this is avoid use for they have no capacity to take such Purchase Finch Lib. 2. Ch. 17. pag. 179. Rolls Cases 1. Part. fo 393. 16. Neither can they prescribe to have Lands to them and their Successors for they are no Corporation to have Lands but for Goods for the Church only P. 37. El. C. B. Longley Meredines Case Rolls Cases 1 Part. fol. 393. 17. If a Man buy a Bell and hang it up in the Steeple or make a Pew and set it up in the Church though he make neither words nor writing hereof yet by this the Bell and Pew are so dedicated to the Church that the party that did owe them can never have them again for if they should come to remove them the Churchwardens might sue them for it 8. H. 7. 12. 10. H. 4. fol. 9. Kitchin pag. 277. a. 18. They can have no action at Common Law to recover any Goods of which they never had the possession But if the Churchwardens be once possessed of any Goods or Ornaments belonging to the Church and afterwards the same things are taken from them then they have the same remedy for the things as other men have for the goods taken from them And therefore if such Goods be stoln they may have an Appeal of Robery and if they be otherwise taken away or abused as if a Bell be broken or the like the Churchwardens may have an Action against him that doth it and in this Action they recover Damages to the use of the Parish and not to their own use Tr. 8. E. 4.
not within such time as the Justice appoints produce the party of whom he bought it or some other credible witness to depose upon Oath such sale of the said Wood c. then such person shall be deemed convicted of the cutting and spoiling Wood c. within the meaning of the Statute of 43. Eliz. aforesaid and for the first offence if they do not give the owner such satisfaction and within such time as the Justice shall appoint and pay over and above down presently to the use of the Poor of the place where the offence is committed such a sum of money as the Justice shall appoint not exceeding ten shillings then the Justice may commit the party offending to the House of Correction for so long time not exceeding one Month as he shall think meet or otherwise to be whipped by the Constable or other Officer and if such person offend again and be convicted as before then he must be sent to the House of Correction for one month and there held to hard labour and if he offend the third time and be convicted then he must be used as an incorrigible Rogue 15. Car. 2. Ch. 2. And if any person buy any burthens of Wood Poles Sticks Underwood c. of any who may justly be suspected to have stoln or unlawfully come by the same then upon complaint to a Justice of Peace Head Officer c. if upon examination by Oath c. he find that the same were bought of such person as aforesaid then the Justice may order the party that bought the same to pay the Trebble value of the Wood c. to the party from whom they were stoln or unlawfully taken and in default of present payment the Justice may issue out his Warrant to the Constable to levy the same by distress and sale of the offenders Goods rendring the overplus to the owner and for lack of such distress then to commit the party to the Gaol at his own charge there to remain one month without Bayl. 15. Car. 2. Ch. 2. Note that none is to be punished by this Law who hath been punished by a former Law for the same offence nor is any to be questioned for any offence within this Statute unless it be within six weeks after the offence committed 15. Car. 2. Ch. 2. CHAP. XVII The Constables Office about High-ways THe Churchwardens and Constables or Tythingmen of every Parish are upon the Monday or Tuesday in Easter week afternotice given publickly in the Church the Sabbath day before after Morning Prayer ended with the advice and consent of the major part of the Parish then present to choose two or more of the sufficient Inhabitants of the place to be Surveyors or Supra-visors for their High-ways for the next year and give notice thereof to the parties chosen in writing under pain of five pounds to be forfeited by the same Constable Churchwardens and Parish by the Stat. 14. Car. 2. Ch. 6. which Statute is to continue till the end of the first Sessions of the next Parliament or they may be punished by Fine or Amerciament in the Quarter Sessions by the discretion of the Justices 2. 3. P. M. Ch. 8. The Constables and Churchwardens are then also to appoint Six days betwixt that and the Four and Twentieth day of June for the amendment of the High-ways and to give publick notice thereof in the Church the next Sunday after 2. 3. P. M. Ch. 8. 5. Eliz. Ch. 13. Stewards in Leets have power to enquire after the breach of the Act of the 2. 3. P. M. about High-ways and to set Fines upon such as make default at their discretion and shall within six weeks after Michaelmas deliver Indented Estreats thereof under their Hands and Seals viz. one part thereof to the Bayliffe or High Constable of the Liberty and the other to the Constable and Churchwardens of the Parish where the default was made 2. 3. P. M. Ch. 8. And in default of presentment thereof in Leets the Justices of Peace in the Sessions shall enquire thereof and set such Fines as they or two of them quor unus shall think fit whereof the Clerk of the Peace shall deliver Indented Estreats under his Hand and Seal within six weeks of Michaelmas in like sort as aforesaid 2. 3. P. M. Ch. 8. And these Estreats of the Stewards of Leets or Clerk of the Peace shall be a sufficient Warrant for the Bayliff or chief Constable to levy the said Fines by way of Distress and if no Distress can be found or the party do not pay the Fine within Twenty days after lawful demand thereof he or they shall forfeit double so much all which Fines and Forfeitures shall be bestowed by the Constable and Churchwardens on the High-ways in the same Parish 2. 3. P. M. Ch. 8. Dalt J. P. Ch. 26. fo 71. And the Bayliffe or High Constable is yearly between the first of March and last of April to render unto the Constable and Churchwardens to whom the other part of the Estreate was delivered a true Account of the Monies received by them in pain of Forty shillings and the said Constables and Churchwardens have power to call the Bayliffe or High Constable before two Justices of the Peace Quor un to pass the Account who have power to commit such Bayliff or High Constable until they have satisfied all the Arrearages by them received 2 3. P. M. Chap. 8. Dalt J. P. Ch. 26 fo 70. And upon passing such Account every Bayliff or High Constable shall have allowed Eight pence for their pains for every pound collected and Twelve pence for the Fee for the Estreate delivered 2 3. P. M. Ch. 8. Dalt J. P. Ch. 26. fo 70. Any two Justices of Peace upon complaint to them made by the succeeding Constables and Churchwardens may call before them the precedent Constables and Churwardens and may take their Accounts and compel them as aforesaid to pay in all Arrearages in their hands 2 3. P. M. Ch. 8. Dalt J. P. Ch. 26. fo 71. All Fines and Forfeitures assessed in the Sessions upon the Stat. 5. El. about Highways must be Estreated by the Clerk of the Peace and must be levyed accounted and imployed as is appointed by the 2 3. P. M. Ch. 8. 5. Eliz. Ch. 13. The Surveyers upon Warrant from Two Justices of Peace are to levy by distress and sale of Goods the Forfeitures of all such persons as offend against the 18. Eliz. 10. in not Scowring their Ditches c. and if they neglect by the space of a year after the offence committed to levy the Forfeiture Then the Justices may send to the Constable and Churchwardens to levy the same 18. Eliz. Ch. 10. The Constables or other Officers by Warrant from any of his Majesties Justices of either Bench Barons of the Exchequer or Justices of the Peace to them directed are to levy by Distress and Sale of the
347. 40. And as to this know that it is enacted by the 14. Car. 2. Ch. 12. That if any Stranger come into a Parish to settle there in any Tenement under 10 l. a year and he refuse to give such Security for the Discharge of the Parish as two Justices shall think fit then any two Justices Quor unus may upon complaint to them made by the Church-wardens or Overseers within 40 days after the Stranger come into the Parish make their Warrant to send him to the place where he was last legally settled as a Native Housholder Sojourner Apprentice or Servant 40 days or more so that by this it seems to be the opinion of this Parliament that no man that Rents 10 l. a year or above is to be accounted such a poor man as to be removed by order of the Justices where any person finds himself agrieved by the two Justices order he may Appeal to the next Quarter Sessions held for that County for his Relief 14. Car. 2. Ch. 12. 41. But any person may go into any County Parish or place to work in time of Harvest or at any time to work at other work so as they carry with him or them a certificate from the Minister of the Parish one of the Churchwardens and one of the Overseers of the Poor that they have a dwelling House wherein they Inhabit and that they have left Wife and Children or some of them there and is declared an Inhabitant there and in such case if the person shall not return to the place aforesaid when his work is done or shall fall sick or impotent while he is in the said work yet this shall not be accounted a Settlement but any two Justices may send the person or persons to the place or places of his or their Habitation and if any person shall refuse to go or shall not remain in the Parish where he ought to be settled then the Justices may send such person to the House of Correction there to be punished as a Vagabond or to a publick Work-house to be imployed in work or labour 14. Car. 2. Ch. 12. This Statute as to the point aforesaid is to continue to the end of the first Sessions of the next Parliament 42. Note That no man but a Vagrant Beggar ought to be sent out of any Parish to the place of his birth or last habitation for if any refuse to work in the Parish where he is settled or to work for the wages assessed then he is by the Justices to be sent to the House of Correction Co. 2. Part. Inst fo 730. 7. Jac. Ch. 4. Resol Judges 9. Dalt J. P. Chap. 47. fo 126. 43. If a Scholar in the University or in a Grammar School begin to be suspect he may be or if he do become impotent and is like to be charge to the Parish where he is he must be sent to his Parents if he have any otherwise to the place where he was last legally settled before he came to School Resol Judges 1633. Sect. 31. 44. If one be born and live 20. years in A. and then go to B. and there live in a House and pay his Rent and after he comes to C. and there works 20. Weeks as a Labourer in a Quarry of Stones where he breaks his back and becomes impotent and there is taken vagrant and begging in this case he must be sent to A. the place of his birth and there must be provided for Resol Judges 14. Car. 1. 45. If a man that hath a Wife and Children take an House in one Parish for a year and during this time he is illegally forced out of his Possession then he takes an House as an Inmate in another Parish out of which he is put within two or three days and then not having any place to be in he gets into a Barn in the third place and there his Wife is delivered of another Child in this case they are all to be sent to the Parish out of which they were first illegally forced Resol Judg. 1633. Sect. 24. 46. One born in D. left that place for the space of 20. years then lived in S. took an house and paid rent and left that place also 6. or 7. years and then came to L. in another County and there was 20. weeks did work and there became impotent and did wander and beg in the same place and was taken as a Vagrant and it was ordered he should be passed and settled at D. where he was born by the Judges at Worcester Assizes 14. Car. 1. Boulstr Rep. 1. Part. fol. 357. 47. No Child under the Age of 7. years shall be adjudged a Rogue within the Stat. 39. El. Ch. 4. But it seems such Children vagrant and begging must be sent and placed with the Father or Husband of the Wife and if he be dead then with the Mother where she was born or last dwelt by the space of one year and such Children once thus settled or placed must there remain and not be sent from thence to their place of birth though after their Parents die or run away or that the said Children grow above the age of 7. years yea though the said Children after beg and prove vagrant in the Town for there they must be set to labour by the Overseers of the Poor Resol Judges 4. 9 10. Poult Vag 2. Dalt J. P. Ch. 47. fol. 125. 48. But Children above 7. years of age going about vagrant or begging in the Country shall be punished as Rogues and sent to their place of birth Dalt J. P. Ch. 47. fo 125. Resol Judges 4. 39. El. Ch. 4. 49. The Wife being a Vagrant Rogue must be sent to her Husband though he be but a Servant in another Town and where the Husband and Wife have an House though as an Inmate and either of them Rogue about in this case they are to be sent to the place where the house is Dalt J. P. Ch. 47. fo 125. Resol Judges 3. 5. 50. The Rogue whose place of birth or last dwelling cannot be known having Wife and Children under 7. years of age they must go with the Husband to the place where they were last wilfully suffered to pass through without punishment where the Children must be relieved by the work of their Parents though the Parents be committed to the House of Correction and if the Rogue have Children above 7. years of age that Rogue about with him then they are to be sent to the House of Correction also with the Parents and when they come out again then to their several places of births Dalt J. P. Ch. 47. fo 123. and Sheppard's Guide for J. P. pag. 252. Resol c. b. 51. If I live in an house in A. there with my Children but I work in B. where I am hired by the year in this case my Children shall be in A. but if I have an house in B. they shall be placed there Dalt
High-ways or places aforesaid may appoint a Receiver or Collector of Toll and such other Officers as they shall find necessary to carry on their work for which a moderate allowance is to be given 15. Car. 2. Ch. 1. 51. Any three or more of the Surveyors are to appoint and require all the Inhabitants within three miles of the places aforesaid and in the same County that are by the former Laws of P. M. and Queen Elizabeth chargeable to find Wain Team or Cart for the amending of the High-ways and other persons chargeable in person only to labour herein for three days in a week so that it be not in Seed-time Hay or Corn-Harvest to come or send their Wains Carts or Teams provided as by Law they ought to do for repair of the High-ways and when they are come to appoint them their several work and to pay them after the rate of the Country for their work and if any difference be two Justices of the Peace of the County are to end it he that fails to send his Wain c. for every day forfeits ten shillings and the Laboures resusing or neglecting for every day 18 pence 15. Car. 2. Ch. 1. 52. Any three or more of the Surveyors may appoint any to dig take and carry away so much as they shall think needful of the Gravel Chalk Sand or Stones out of the Waste or Common of any neighbouring Parish or place near adjoyning to the place in decay without paying any thing for it and if it be not there to be had then they may take it out of any mans several ground not being an House Garden Orchard Yard or Park stored with Deer in any Parish chargeable toward the repair of the said High-way giving only satisfaction to the owner of the ground for the damage he hath thereby accordingly as the Justices at any of their Quarter Sessions shall set down if any difference be And they are withal speed convenient to fill up and level such Pits as they shall make or else to rail them about that they be not dangerous to Man or Beast 15. Car. 2. Ch. 1. 53. The Surveyors are always at the Quarter Sessions next after Easter to give in an Account under their Hands to the Justices of all the mony they have received from the Collector or Receiver of the Toll and what they have laid out about the High-ways or in the execution of their Office and if they have any mony in their hands they are to pay it to the Surveyors for the next year or to their Treasurer or Receiver and then they are to have allowance for their pains and if they shall not account and pay in the mony in their hand or if the Collector or Receiver of the Toll refuse to pay in the mony to the Surveyors upon Request Then they respectively at any Quarter Sessions may be committed to Prison till they do so account and pay in the mony 15 Car. 2. Ch. 1. 54. If the Justices at their Quarter Sessions make any Rate for the repair of these High-ways the Surveyors are to collect and receive it and in case of Refusal they or their Receivers and Collectors may distrain for it and sell the Distress rendring the overplus to the owners and they or their Receivers are to receive all the Fines and Forfeitures named in the Act and to imploy them towards the Repair of the High-ways they might also with the consent of the Justices at their Quarter Sessions borrow mony to repair the said High-ways and ingage the Toll for it in their respective Counties by Indenture under their Hands and Seals for any time under nine years for Security of the Repayment of the Mony borrowed with Interest and therewith repay the same 15. Car. 2. Ch. 1. 55. The Collector of the Toll for these High-ways is to demand and receive Toll or Custom for all the Horses Coaches Carts Waggons Droves and Gangs of Cattel that shall pass be led or driven in or through the Toll Gates at Stilton in Huntingtonshire at Arrington Bridge in Cambridgeshire and at Wades Mill in Hartfordshire after the proportion following That is to say for every Horse one peny every Coach six pence every Cart eight pence every Waggon twelve pence every score of Sheep or Lambs one half peny and so proportionably for greater or lesser numbers for every score of Hogs two pence and so proportionably for greater or lesser numbers not being under Five for every score of Oxen or Neat Cattel five pence and so proportionably for greater or lesser numbers and if any refuse or neglect to pay the Collector may distrain the Horse Coach Cart Waggon Oxen or other Cattel aforesaid or any of them and keep them till the Toll be paid and damages for keeping the Distress 15. Car. 2. Ch. 1. and see 16. 17. Car. 2. Ch. 10. 56. Note That no Passenger is to pay twice in one day at the same place neither is any Souldier in his March or Post-rider to pay Toll and certain adjacent Towns also to the said places appointed for taking of Toll are exempted See the Statute it self 15. Car. 2. Ch. 1. 57. The Toll at Stilton and Arrington Bridge is to continue 11 years to begin from the 7th of July in the 15th year of the King if the ways be not well amended and the monies borrowed paid in again before the expiration of the said Term and the Toll at Wades Mill is to continue for 21 years after the 11 years expired if the ways be not adjudged to be well amended in the mean time and all monies borrowed for that purpose with the Interest thereof repaid again 15. Car. 2. Ch. 1. 16. 17. Car. 2. Ch. 10. 58. The Collector of the Toll at Wades Mill is to account weekly to the Receiver General and the next Justice may give the Collector an Oath to make a true and perfect Account and such Account is to be returned to the next Quarter Sessions for the County by the Justice that gives the Oath 16. 17. Car. 2. Ch. 10. 59. All persons who by Law are chargeable towards the repairing of the High-ways aforesaid shall still remain so chargeable by the 15. Car. 2. Ch. 1. and shall also pay six pence in the pound yearly according to the true value of their Estate towards the repair of the said High-way during the continuance of the Toll which shall be paid to the Treasurer of the said Toll and in default of payment six days after demand the Surveyors are to distrain for it and sell the distress rendring the overplus to the owners if any be 16. 17. Car. 2. Ch 10. 60. The Receivers or Collectors of the Toll that shall be in the Office at the end of the 11 years if they upon their Account shall then have any mony in their hands they are to bring the same to the Justices at their next Quarter Sessions under pain to forfeit double so
any 43. El. Ch. 3. Wingate ubi supra 9. 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 where he last dwelt by the space of three years Wingate ubi supra 43. El. Ch. 3. 10. By the 14. Car. 2. Ch. 9. It is provided that every Officer Souldier or Mariner maimed indigent aged or disabled in body for work in the Service of King Charles the first or of his Majesty that now is during the late Wars or which are so impoverished by their sufferings under any of the late usurped Powers as that they are destitute of any competent subsistence or livelyhood and have continued faithful to their Trust and not deserted the same by taking up Arms against his late Majesty or his Majesty that now is or otherwise is to repair to the place where he was last settled before he took up Arms with a Certificate of his Service and hurts received under the hand of his Captain or other Commissionated Officer and there repair to the two next Justices who upon examination of the truth of such Certificate upon Oath of the Party and such Witness as he shall produce may by Warrant unto the Treasurers assign him Relief unto the next Quarter Sessions to be holden for that County or Liberty at which time a yearly Pension may be settled on him which must not exceed 20 pounds to any one person which Pension is to be with power of Revocation or Alteration and in case where the Captain or Officer appointed to make such Certificate is dead the Justices upon Request to them made in behalf of the party maimed aged indigent or disabled as aforesaid by persons of credit are to give such Relief as in cases of Examination as aforesaid 14. Car. 2. Ch. 9. 11. And touching the Widows and Orphans of such as dyed in the Service aforesaid it is provided That over and beside such Relief as they shall gain by their labour and work and what shall be allowed by the charity and benevolence of the Parish Town or Hamlet where they are settled the Treasurers for the maimed Souldiers for such County shall allow such further Relief from time to time as shall be adjudged meet by two next Justices of the Peace of such County and the said Relief is to be paid out of the Surplusage of such Stock of Maintenance as shall remain in the hands of the said Treasurers after such Pensions and Payment of them made And of which surplusage and allowance made unto such Widows and Orphans the said Treasurers shall give account from time to time and the same distribute as by the Justices shall be directed 14. Car. 2. Ch. 9. 12. 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 vertue 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. Eliz. Ch. 3. Wingate's Stat. Tit. Captains and Souldiers 13. If any Treasurer wilfully refuse to give Relief in the cases aforesaid the Justices of Peace in their Sessions may set a Fine upon him which may be levyed by Distress and Sale of his Goods Wingate ubi supra 43. Eliz. Ch. 3. 14. These Officers at the end of their year within 10 days after Easter Sessions are to give up a just account to the succeeding Treasurers of 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 or shall be otherwise negligent in the execution of his Office The Justices at their Sessions may Assess what Fine they please upon him so that it be not under five pounds but what they please above five pounds upon him his Executors or Administrators Wingate ubi supra 43. Eliz. Ch. 3. 15. In Corporations the Justices there are to 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 need require differing from that above limited in this Act so that no Parish pay above three shillings weekly nor under 12 pence weekly one Parish with another 43. Eliz. Ch. 3. FINIS A Guide for Treasurers of the County Stock for the Relief of Poor Prisoners in the Kings Bench and Marshalsey and for Hospitals and Alms-Houses in their several Counties 1. THese Officers are to be yearly chosen by the Justices at their Quarter Sessions about Easter and they must be two for every County Riding c. and by the words of the Statute they ought to be Subsidy men of 5 pound in Lands or 10 pounds in Goods at the least or near that value and these Officers are to continue in their Office but one year and then others to be chosen and they are to have the charge of the Receipt and Disbursements of the mony taxed and levyed upon the whole County yearly for the Relief of the Prisoners in the Kings Bench and Marshalsey and for the Relief of Hospitals and Almshouses within the same County 43. Eliz. Ch. 2. 2. And for this purpose the Justices of Peace of every County and Corporation or the major part of them at Easter Sessions yearly or as often as they shall think fit may rate every Parish at a certain sum to be paid weekly but so as no Parish may pay more than six pence nor less than half a peny and one Parish with another not above two pence through the whole Counâ—y or Corporation which sum so rated the Constables and Churchwardens in every Parish or any of them or in their default the next Justice of Peace have power to Assess and to levy by Distress and Sale of the Parties Goods refusing to pay Rendring the overplus to the owners and for default of Distresâ— the said Justice may commit the party to Prison till it be paid Wingate's Stat. Tit. Poor 43. Eliz. Ch. 2. Dalt J. P. Ch. 53. fo 135. 3. And these sums collected and levyed as aforesaid the Churchwardens or Constables of every Parish are to pay to the High Constable of that Division ten days before every Sessions in pain that they or their Executors c. shall forfeit ten shillings And the High Constable is to pay over the Sums received to the Treasurers or one of them every Quarter Sessions in pain that he his Executors c. shall forfeit 20 shillings and these Forfeitures are to be levyed by the Treasurers by Distress and Sale of the Offenders Goods rendring the overplus to the party offending which Forfeitures are to be imployed by the Treasurers for the uses aforesaid 43. Eliz Ch.
2. Wingate's Stat. Tit. Poor 4. And such Sums as the Justices shall appoint for the Kings Bench and Marshalsey which must be 20 shillings yearly out of each County to each of them These Officers must pay over in convenient time to the Lord Chief Justice of England and Knight Marshal for the time being equally to be divided to the uses aforesaid taking their Acquittances for the same and in default of the said Chief Justice the next antientest Justice of the Kings Bench. Wingate ubi supra 43. Eliz. Ch. 2. 5. They are to pay yearly also by a Quarterly Payment such sums of mony as shall be set down by the Justices of Peace at their Quarter Sessions unto the Masters and Governours of the Houses of Correction the which if they do refuse or neglect to do the same Masters or Governours without any Warrant may levy the same of the Goods of the said Treasurers by Distress and Sale rendring them the overplus 7. Jac. Ch. 4. 6. And the Surplusage of the mony by the Treasurers received they must distribute and bestow for the Relief of the poor Hospitals of the same County and for the Relief of those that have sustained Losses by Fire Water the Sea or other Casualties according to the discretion of the Justices of the Peace of the same County Wingate's Stat. Tit. Poor 43. Eliz. Ch. 2. 7. These Officers at the end of their year at Easter Sessions are to give an account to the succeeding Treasurers of all their Receipts and Disbursements in the time of their Office And then also if they have any mony in their hands they are to deliver up the same to the succeeding Treasurers And if any Treasurer so elected as before shall wilfully refuse to take upon him the said Office of Treasurership or to distribute and give Relief or to account according to that order the Justices shall set down the Justices may Fine them at their Sessions which Fine must not be under three pounds 43. Eliz. Ch. 2. FINIS A Guide for Masters of the House of Correction and Governours of the Corporations or Work-Houses in London Westminster c. 1. THe Governour or Master of the House of Correction is an Officer appointed by the Justices of Peace at their Quarter Sessions to have the Oversight and Government of the House of Correction within their County or Riding of whom the Justices are to take sufficient Security for the continuance and performance of the Service belonging to his Office and the Justices are to set down what allowance they shall have for their pains which may be charged upon the County and for the Relief of such as shall happen to be weak and sick in their custody and for the Stock to set on work such persons as shall be committed thither and they may set down other orders concerning the same according to their discretions and the mony allowed to these Officers by the Justices as aforesaid is to be paid Quarterly before hand by the Treasurers of the County for the Relief of the Prisoners in the Kings Bench and Marshalsey and if the Treasurers refuse or neglect to pay it the Master of the House of Correction may levy the same or so much thereof as shall be unpaid upon the Treasurers Account by Distress and Sale of their Goods rendring back the overplus of the mony 39. El. Ch. 4. 7. Jac. Ch. 4. 2. Now the Office and Duty of this officer consists in these things following viz. To look well to the same House and the backside thereof and to all the Implements and Goods he doth find there and to look to all such lewd persons as he finds there at his entrance and to receive all such Rogues Vagabonds and idle or disorderly persons as by any of the Justices of Peace shall be sent thither Co. 2. Part. Inst fo 731. 3. He is also to keep safely all such as are committed to his custody and not to suffer them to wander abroad about the Country or to escape away without order of Justices 7. Jac. Ch. 4. Co. 2. Part. Inst fo 734. 4. He is also to see and take care that amongst the persons committed to his charge if there be any Sick or otherwise Impotent that stands in need of Relief that he do relieve them according to their necessity 7. Jac. Ch. 4. Co. 2. Part. Inst fo 732. 5. And for the rest that are able to work he is to see and take care that from time to time as long as they remain there they be set to work and labour for during that time they must in no sort be chargeable to the Country for any allowance either at their coming in or going forth or abode there for they are to have such and so much allowance only as they shall deserve by their own labour and work and if they will not work and perform their Task he is to punish them as he sees cause with putting on Fetters or Gives upon them and by moderate whipping of them 7. Jac. Ch. 4. Co. 2. Part. Inst fo 731. 6. And lastly at every Quarter Sessions the Master is to give an account of all such persons as have been committed to his custody And if he offend in any of these particulars before rehearsed or in any other Duty incident to his Office the Justices of Peace may impose such Fines and Penalties upon him for the same as they shall think fit and these Fines must be paid unto and must be accounted for by the Treasurer of the County Stock for the Kings Bench and Marshalsey c. 7. Jac. Ch. 4. Co. 2. Inst fo 734. 7. Now touching the Corporations and Work-houses in London and Westminster and within the Burrough Towns and places of the County of Middlesex and Surrey within the weekly Bills of Mortality and their Officers these things are to be observed following First it is ordained that there shall be one or more Corporation or Corporations Work-house or Work-houses within the Cities of London and Westminster and the Burroughs and places within the Counties of Middlesex and Surrey lying within the Weekly Bills of Mortality consisting of a President Deputy President and Treasurer and the Lord Maior to be President of the Corporation Work-house or Work-houses within the City of London and the Aldermen and 52 other Citizens to be chosen by the Common Counsel to be Assistants which President and Assistants or the major part of them are to choose a Deputy President and Treasurer and all other necessary Officers to execure the powers appointed by the Act and a President Deputy President Treasurer and Assistants are to be appointed by the Lord Chancellour or Lord Keeper of the Great Seal for the City of Westminster and the Liberties thereof for the Corporation or Corporations Work-house or Work-houses within the same and for the said places within the Weekly Bills of Mortality in the Counties of Middlesex and Surry a President Deputy and Treasurers are to