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A50846
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A mild, but searching expostulatory letter from the poor and plain-dealing farmers of the neighbouring villages to the men of Buckingham to the Right Worshipful the Bailiff, the Worshipful the Burgesses of the ancient, and sometimes famous corporation of Buckingham.
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1680
(1680)
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Wing M2039; ESTC R16570
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39,816
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71
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declaâed 7 Jac. c. 3. If the Master shall put his Apprentice into Apparel it is a Gift in Law and he cannot âfterwards take it away though he should part âith his Apprentice Br. Transgr 93. An Apprentice cannot be discharged from his Apprenticeship but by four Justices of the Peace ât the least and in open Sessions or else by âhe Agreement of the Master and Apprentice ând under his Masters Hand in Writing Dalt J. P. c. 58. f. 121. The Form of these Indentures mentioned before is as followeth viz. THIS Indenture made the 29th day of September in the 20th Year of the Reign of Our most Gracious Sovereign Lord Charles the Seâând by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. Annoque Dom. 1668. witnesseth that J. W. ând G. R. Overseers of the Poor in the Town of Kirk-Leaventon and J. R. Churchwardens of the ââme Town by and with the consent of Sir J. P. Knight and Baronet and T. M. Esq two of his Majesties Justices of Peace for the North Riding âf the County of York have by these Presents âlaced and bound J. T. being a poor fatherless child as an Apprentice with E. H. of Kirk-Leaventon aforesaid Widow and as an Apprentice with her the said E. H. to dwell from the day of the âate of these Presents until she the said J. T. shall âome to the Age of 21 years or be married which âhall first happen according to the Statute in that âase made and provided by and during all which time and term the said J. T. shall the said E. H. her Dame well and faithfully serve in all ãâã lawful Business as the said E. H. shall put ââ the said J. T. unto according to her Power ââ and Ability and honestly and obediently in ââ things shall behave her self toward her said ãâã and Children and all the rest of the Family â the said E. H. And the said E. H. for hâr âââ promiseth covenanteth and agreeth that she tââ said E. H. the aforesaid J. T. in the Art and Skââ of Housewifry the best manner that she can ââ may shall teach and inform or cause to be taugââ and informed as much as thereunto belongeth aââ she the said E. H. knoweth and also during ââ the said Term to find unto her said Apprentice Meat Drink Linnen Woollen Hose Shooes Wââing and all other things needful or meet for ââ Apprentice In Witness whereof c. Note If it be a Boy that is to be bound Apprentice to Husbandry or any other Trade thââ he may be bound till 24 years of Age as ââ shew'd before in this Chapter CHAP. IV. Several Cases about Settlements and also touching Bastards c. TOuching settling of poor People the Justices are to meddle with none but those who are impotent and such as are like to be chargeable to the place where they are Boulst Rep. 1 part 347. By 13 14 Car. 2. cap. 12. It is Enacted âhat upon complaint by the Churchwardens ââd Overseers of the Poor to any Justice of âeace within forty days after any poor Person âometh to settle in a Tenement under 10 l. ââr annum two Justices of Peace whereof one âo be of the Quorum may by Warrant remove ââch Person to the Parish where they were last ââgally settled for forty days unless they give ââcurity to be allowed by the said Justices for âischarge of the Parish Persons aggrieved may âppeal to the Quarter Sessions But Persons having a Certificate from the âinister of the Parish and one Churchwarden ând one Overseer of the Poor declaring them ââhabitants there may go into any Parish to âork and the not returning of such Persons âhen their Work is finished or falling Sick âhilst they are at Work shall not be accounted Settlement If any return to the Parish from âhence they are removed a Justice of Peace âay send them to the House of Correction to âe punished as Vagabonds or to a publick âork house to be imployed in Labour and if âhe Churchwardens and Overseers of any Paââsh to which any are removed refuse to reâeive them and provide them Work c. a âustice of Peace may bind over such Officers to âhe Assizes or Sessions Churchwardens and Overseers for the Poor âhere any Bastard-Child shall be born may ãâã so much of the Goods and Profits of the âands of the Putative Father and Lewd Mother ââ two Justices of Peace shall order towards âischarge of the Parish to be confirmed at the âessions who may make an Order for the Churchwardens c. to dispose of the Gooâ by sale or otherwise as they shall think ãâã and receive the Profits of so much of theââ Lands as shall be ordered by the Sessions The Poor in every Town-ship or Village ââ Lancashire Cheshire Darbyshire Yorkshire Nâthumberland Bishoprick of Durham Cumberlaââ and Westmoreland shall be provided for in tââ Township and Village where they inhabit ââ were last legally settled And two or more Overseers shall be chosen in every Township c. who shall execute all powers for the âelief of the Poor under the Penalties mentioned in 43 Eliz. c. 2. This Act of 13 14 Car. 2. c. 12. was ââ continue no longer than to the end of the firsâ Session of the next Parliament but revived by 1 Jac. 2. c. 17. to continue for seven years and to the end of the first Session of the next Parliament And whereas poor Persons at their firââ coming to a Parish do commonly conceal themselves the forty days intended by the said Act to make Settlement shall be accounted froâ the time of their deliveries of notice in writing of their House of Abode and the number of their Family if they have any to one of the Churchwardens or Overseers of the Poor of the said Parish 1 Jac. 2. c. 17. No Man but a Vagraut Begger ought to bâ 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 fol. 730. 7 Jac. c. 4. Resol Judges 9. Dalt â P. c. 73. f. 157. 39 El. c. 4. 1 Jac. c. 7. If a Scholar in the University or in a Gramâar School begin to be suspect he may be or â he doth become impotent and is like to âe a Charge to the Parish where he is he must âe sent to his Parents if he have any otherâise to the place where he was last legally ââttled before he came to School Res Judges 633. sect 32. If one be Born and live 20 years in A. and âhen go to B. and there live in a House and pay âis Rent and after he come to C. and there âorks 20 Weeks as a Labourer in a Quarry of âones where he breaks his Back and becomes ââpotent and there is
after the stealing at the Parish or Corporation where they shall find him and make proof within 40 days after by two sufficient Witnesses before the next Justice of Peace of the County or before the Head Officer in a Corporation that the Horse was theirs and repay to the Buyer such price for the Horse as the same Buyer shall upon his own Oath before such Justice or Officer testifie he paid for him 31 El. c. 12. wingates Stat. Tit. Fairs and Markets Co. 2 part Inst f. 718. If a stoln Horse be not sold in Fair or Market according to the Rules aforesaid then such Sale does not alter the Property of the right Owner but he may seize or replevy him wheresoever he finds him 31 El. c. Wingate ubi supra Co. 2 part Inst f. 718. No Person shall buy any Oxen Ronts Steers Kine Heifers Calves Sheep Lambs Goats or Kids alive and sell the same again unless he keep the same five Weeks in his own Grounds or where he hath Herbage by Grant or Prescription upon pain to lose double the value of the Cattle one Moiety to the King the other to the Informer 5 Ed. 6. c. 14. By the Stat. 22 Car. 2. c. 8. There shall be no Bushel but the Winchester Bushel containing eight Gallons and none shall sell by other Measure on pain of 40 shillings If the Clerk of the Market of the Kings House or others authorized to mark or seal Measures âeing required shall neglect or refuse to seal or mark any Bushel Half Bushel or Peck duly gauged he forfeirs 5 l. for the first Offence and for every other Offence 10 l. or if the Kings Clerk of the Market of his House take more than his Fees or if any other take above one peny for sealing a Bushel one half peny for the Half Bushel or Peck or more than one farthing for any lesser Measure he incurs the Penalties in the Stat. 17 Car. 1. That at the charge of such Persons who have the Toll or profit of the Market where no Toll is taken there shall be before 29 Sept. 1670. one Measure of Brass provided and chained in the Market-place upon pain to forfeit 5 l. 22 Car. 2. c. 8. By the Stat. of 22 23 Car 2. It is further provided That whosoever shall sell or buy any Corn or Salt by the Bag or without measuring being thereunto required or in any other manner than as by the Stat. 22 Car. 2. c. 8. is directed and without shaking the Measure by the Buyer shall forfeit besides the Penalty in the former Act all the Corn or Salt or the value therefore to the Person or Persons complaining 22 23 Car. 2. c. 12. Upon complaint to one or more Justices of Peace the Proof shall lie upon the Defendant to make appear by Oath of one or more Witnesses that he or they did sell or buy according to this and the said former Act wherein if he fail he shall forfeit as by this Act is directed to be levied by distress and sale of Goods by Warrant under the Hand and Seal of one or more Justices before whom such Conviction shall be The Penalties to be distributed one half to the Poor of the Parish where the Offence shall be committed the other to the Informer 22 23 Car. 2. c. 12. DIRECTIONS to Treasurers for the Relief of Poor Maimed Soldiers and Mariners THE Justices of Peace are yearly at the Quarter Sessions about Easter to choose or appoint one or two Persons according to their Discretions of the County for the taking and distributing of the Monies collected for the Reâief of poor maimed Soldiers and Mariners And these Treasurers by the Words of the ââture ought to be Subsidy Men of 10 pounds ââ Lands or 15 pounds in Goods and these officers are to continue in their Office one Year and new ones then to be chosen in their âooms 43 El c. 3. Wingates Stat. Tit. Captains Now for the raising of Mony for these Treasurers the greater part of the Justices in their Quarter Sessions have power to charge every Parish within their Limits towards a Weekly âelief of maimed Soldiers and Mariners so âhat no Parish pay Weekly above 10 pence noâânder 2 pence nor any County which consists âf above 50 Parishes pay above 6 pence one âarish with another 43 El. c. 3. When the Tax is levied the Constables and Churchwardens are to deliver it quarterly ten days before every Quarter Sessions to the High Constables of their Division who must deliver to ââe Treasurers of the County at the same Quarâer Sessions all the same Mony and if the Constables or Churchwardens their Executors c. fail in the payment to the High Constable within the time aforesaid then they are to forfeit 20 s. and if the High Constable fall to pay the Treasurers every Sessions then he forfeits 40 s. which Forfeitures as it seems the Treasurers may levy by Distress and Sale of the Offenders Goods without any Warrant rendring the overplus to the Owner And these Forfeitures are to go in Augmentation of the Treasurers Stock 43 El. c. 3. The maimed Soldier or Mariner which was Prest shall repair if he be able to Travel to the Treasurers of the County where he was Prest if he were not Prest then to the Treasurers of the County where he was Born or were he last dwelt by the space of three years at his Election but if he be not able to Travel then to the Treasurers of the County where he Lands and he is to bring with him a Certificate under the Hand and Seal of the Chief Commander or of the Captain under whom he served containing the particular of his Hurts and Service which Certificate shall also be allowed by the Muster-Master or the Receiver-General of the Rolls for the Muster under one of their Hands 33 El. c. 3. Then upon such a Certificate the Treasurer aforesaid may allow the Party Relief to maintain him till the next Quarter Sessions and then the major-part of the Justices may alloâ him a Pension which the Treasurers muââ pay him quarterly until it shall be revoked oâ altered by the said Justices and this Allowancâ is not to exceed 10 l. per annum to a Commoâ Soldier nor 15 l. to an Officer under a Lieutenant nor 20 l. to a Lieutenant 43 El. c. â Wingates Stat. Tit. Captains and Soldiers Where Soldiers and Mariners arrive far from the place where they are to receive Relief the Treasurers there shall give them Relief and a Testimonial whereby they may pass from Treasurer to Treasurer until they shall come to the place required and this shall be done upon the bare Certificate of the Commander and Captain although they have not as yet obtain'd any Allowance from the Muster-Master or Receiver-General of the Muster-Rolls Wingates Stat. Tit. Captains and Soldiers 43 El. c. 3. If any Soldier or Mariner beg or counterfeit â Certificate he shall be punished as a Common Rogue and shall lose his Pension if he have any 43 El. c. 3. Wingate ut supra When out of the County where the Party was Prest a fit Pension cannot be satisfied it shall then be supplied by the County where he was born or else where he last dwelt by the space of three years Wingate ubi supra 43 El. c. 3. The Treasurers are to Register all their Receipts and Disbursements and must enter the Names of the Parties relieved into their Book and also the Certificate by virtue whereof the Disbursements are made and where they disallow of a Certificate they are to set down âhe Reasons of their Refusal under the Certificate or on the back thereof 43 El. c. 3. Wingate Stat. Tit. Captains and Soldiers If any Treasurer wilfully refuse to give Relief in the Cases aforesaid the Justices of the Peace in their Sessions may set a Fine upon him which may be levied by Distress and Sale of his Goods Wingate ubi supra These Officers at the end of their Year within 10 days after Easter Sessions are to give uâ a just Account to the succeeding Treasurers oâ all their Receipts and Disbursements within the time of their Office and then if they have any Mony in their Hands they are to deliver it to their Successors and if any such Officer his Executors or Administrators shall not givâ up such Account within the time aforesaid oâ shall be otherwise negligent in the Executioâ of his Office The Justiceâ at the Sessions maâ assess what Fine they please upon him so thaâ it be not under five pounds but what theâ please above five pounds upon him his Executors or Administrators Wingate ubi supra 43 El. c. 3. In Corporations the Justices there are tâ put this Act in Execution and not the Justices of the County This Act is not to prâhibit the City of London to make a Tax if neâ require differing from that above limited iâ this Act so that no Parish pay above threâ shillings Weekly nor under twelve penâ Weekly one Parish with another 43 El. c. 3. FINIS