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A56493 A new guide for constables, headboroughs, tythingmen, church-wardens, overseers and collectors for the poor, surveyors for amending the highways and bridges with directions for keepers of fairs and markets, and treasurers for the relief of poor maimed soldiers and mariners : containing not only whatsoever may be useful to them in the execution of their several offices, that is already extant in any book of this kind, but also the heads of all those statutes which do concern any of the said offices that have been since made in the reigns of the late King Charles, King James, and their present Majesties, King William and Queen Mary : being the most compleat of any work of this nature / collected by J.P. Gent. J. P., Gent. 1692 (1692) Wing P60; ESTC R5423 90,373 182

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Essoign ●rotection or Wager of Law shall be allow●d And in case any Person or Persons shall resume to take upon him or them to impress ●ny Horses Oxen Cart Wain or Carriages for ●is Majesty's Service other than the Person so ●mpowered then he or they so offending ●●all upon due Conviction of the said Offence ●●cur and suffer the Punishment contained in ●●e Act of 12 Car. 2. And it is further Enacted That the High ●onstable or Constables the Mayor Bailiff 〈◊〉 other Chief Officer who shall be required ●y this Act to warn the said Carts and Car●●ages as in the said Act directed do make a ●eturn in Writing to the Clerk or other Of●●cer of the Carriages of the Names and Places 〈◊〉 Abode of every such Person who is so ●arned to bring in his Cart or Carriage to ●●e intent it may be known in case of any ●●llure who is in default and the said Con●●ables and other Chief Officer or Officers ap●ointed by this Act to warn in the said Car●●ages as abovesaid may be discharged and ●●demnified and the Defaulters punished as ●n this Act is provided 14 Car. 2. c. 20. For providing Carriages by Land and by Water for the use of his Maje●●y's Navy and Ordnance Two or more Justices of the Peace by Warrant from the Lord High Admiral of England or two or more 〈◊〉 the principal Officers or Commissioners of th● Navy or the Master of his Majesty's Ordnance or the Lieutenant of his Ordnance are t● provide Carriages with Horses and Oxen o● of the Country not being above twelve Mil● distant from the place of lading the Owne● of which Carriages or their Servants are 〈◊〉 receive twelve pence a Mile for every Load 〈◊〉 Timber and eight pence a Mile for every T●●● of other Commodities And all such Persons 〈◊〉 neglect or refuse to make their appearance u●on Oath thereof made before the Justices b● the Constable or two Witnesses the Perso● refusing or neglecting forfeits twenty shilling● to be levied by Distress and Sale of his Good● by Warrant from the said Justices Mayor 〈◊〉 other chief Officer or from the principal O●ficers or Commissioners of his Majesty's Nav● or Master or Lieutenant of his Majesty's Or●nance rendring to the Owner the overplus 〈◊〉 any be first deducting the Charge of Distrai●ing No Horses c. or Land-Carriage shall 〈◊〉 forced to travel more days-journy from the place where they receive their Lading nor b● compelled to continue longer in the Employment than the said Justices shall appoint an● that ready Mony be paid to the Parties in han● at the place of Lading according to the Rat● aforesaid Stat. ibid. The said Act of 14 Car. c. 20. 13 c. 8. are 〈◊〉 continue until the end of the first Session of th● next Parliament and expired but revived b● 1 Jac. 2. for 7 years from June 21 1685. and 〈◊〉 continue to the end of the first Session of the next Parliament CHAP. VIII The Constables Office about Irish Cattel 〈◊〉 any great Cattel Sheep or Swine or any 〈◊〉 Beef Pork or Bacon except such as is the necessary Provision of the respective ●●●ps or Vessels in which the same be brought 〈◊〉 exposing the same or any part thereof 〈◊〉 sale shall by any wise whatsoever be ●●●●ported or brought from Ireland or any ●●●er Part beyond the Seas into the King●●● of England Dominion of Wales or Town 〈◊〉 Berwick upon Tweed in such case the ●●●stable Tythingman Headborough Church●●●dens or Overseers of the Poor or any of ●●●m within their respective Liberties Pa●●●es or Places may take and seize the same 〈◊〉 keep the same during the space of ●●●nt and forty hours in some publick or ●●●venient place where such seizure shall be ●●de within which time if the Owner or ●●ners or any for him or them shall make ●ppear unto some Justice of Peace of the ●●e County where the same shall be so sei●●● by the Oath of two credible Witnesses ●●t the same were not imported from Ireland from any other Place beyond the Seas ex●●●t the Isle of Man then the same upon 〈◊〉 Warrant of such Justice of Peace is to be ●●●ivered to the Owner or Owners without de●●● 18 Car. 2. c. 2. But in default of such Proof and Warrant ●n the same to be forfeited and one half ●●reof to be disposed to the use of the Poor of the Parish where the same shall be so fou●● and seized and the other part thereof to 〈◊〉 or their own use that shall so seize the sam● 18 Car. 2. c. 2. Such Cattel as are imported from the I●●● of Man before excepted into England are not to exceed the number of six hundre● in one Year and they are to be of no oth●● Breed than of the Breed of the Isle of Ma● and all to be landed at the Port of Chester 〈◊〉 some of the Members thereof and not els●where 18 Car. 2. c. 2. This Act was to continue for seven Yea●● and from thence to the end of the first Ses●●on of the next Parliament And is now by t●● Statute of 32 Car. 2. c. 2. revived and ma●● perpetual But these former Remedies not proving effectual for the prevention of the Transpo●●ing of the Cattel aforesaid it is further pr●vided That whensoever and as often as 〈◊〉 shall happen either through any fraud●lent Agreement or unfaithful Connivence 〈◊〉 any Constable Headborough Tythingm●● Churchwarden or Overseer of the Poor 〈◊〉 that it shall happen any otherwise howsoev●● that any great Cattel Sheep Swine Be●●● Pork or Bacon after the first Seizure 〈◊〉 them or any of them by Virtue of the afor●said Act shall be driven brought carri●● into or found in any other Parish or Plac● than where the same shall be first seized 〈◊〉 aforesaid That then and so often and fro● time to time it shall and may be lawful 〈◊〉 and for the Constable Tythingman Headb●rough Churchwarden or Overseer of t●● Poor of every or any such other Parish or Place where such great Cattel Sheep Swine Beef Pork or Bacon shall be brought driven or carried into or found as aforesaid to seize ●ake and dispose of the same and every or any of them as forfeited The one Moiety thereof to the use of the Poor of such other Parish or Place where such Seizure shall be made the other to the use of such Officer or Officers who shall seize the same as aforesaid any other or former Seizure or Seizures in any other Parish or Parishes Place or Places notwithstanding Stat. 20 Car. 2. c. 7. And now by the Statute of 32 Car. 2. c. 2. ●t is further provided That any Person may make such Seizures as well as the Constables or other Officers or Inhabitants And that to prevent fraudulent Seizures and Compositions the Seizors shall within six days after Conviction and Forfeiture cause the said Cattel Sheep and Swine to be killed and the ●ides and Tallow shall be to the Seizor and ●he Remainder to be
to such Place where the seizure shall 〈◊〉 made 13 Car. 2. c. 11. All Officers belonging to the Admiralty Ca●tains and Commanders of Ships Forts Castl● and Block-houses and all Justices of Peace Ma●ors Sheriffs Constables and Headboroughs an● other the King's Majesties Officers and Subject whatsoever whom it may concern are to b●a●ding and assisting to all and every Person a●● Persons which are or shall be appointed by h●● Majesty to manage his Custom and if the Officers of the Customs or any acting in aid of them shall be sued indicted prosecuted or molested such Persons their Heirs Executors and Administrators may plead the General Issue and give the several Acts relating to the Customs or any of them in Evidence in any of his Majesty's Courts of Justice 14 Car. 2. c. 11. The Stat. of 12 Car. 2. c. 19. about Customs was ●o continue but to the end of the first Session of ●he next Parliament and is now expired CHAP. XII The Constables Office about Setting-Dogs c. THE Constable Tythingman or Headborough of any place upon a Warrant ●nder the Hands and Seals of two or more Ju●●ices of the Peace hath power to search the ●ouses of any Persons suspected to keep Set●ing-Dogs or Nets for the taking of Pheasants ●●r Partridges and the Dogs and Nets there ●ound to take carry away detain kill destroy ●nd cut in pieces 7 Jac. c. 11. Dalt J. P. c. 37. ●ol 90. But they cannot search the Houses of any who have Free Warren or any Lord of any Mannor or such as have 40 l. per ann or more ●n Free-hold or some Estate of Inheritance ●or 80 l. per ann for Life or be worth in Personal Estate 400 l. These may keep Nets and Dogs to take Pheasants or Partridges in their own Ground Stat. idem Dalt ibid. CHAP. XIII The Constables Office about Escapes and Arrests IF a Constable or any other Officer which hath a Prisoner in custody for Felony or Suspicion thereof voluntarily letteth or suffereth the Prisoner to go where he will at liberty though this be breaking of Prison yet it 〈◊〉 Felony in the Goaler Constable or him th● letteth such Prisoner escape but it is no Felon● in the Prisoner but if such a Prisoner she escape by the Negligence of his Keeper an● against his Will and Knowledge then it is Felony in the Prisoner because a Breach of Pr●son and the Goaler or Constable c. shall b● Fined by the Judges or Justices for such Escape Dalt J.P. c. 106. fol. 272. Bro. Coron 112 22● 316 454. Bro. Escape 31 Stamford fol. 32. If a Constable or other Officer shall voluntarily suffer a Thief being in his Custody t● go into the Water and drown himself th● Escape is Felony in the Constable and the Thie● is Felo de se but if the Thief shall suddenly without the assent of the Constable kill hang or drown himself this is then but a neglige●● Escape in the Constable and Fineable as aforesaid Dalt J. P. c. 106. fol. 272. The voluntary letting a Felon escape before he be arrested for the Felony is no Felony i● the Party that suffereth him to escape but 〈◊〉 the Constable suffer one to escape whom he knows hath committed a Felony he is finable i● it do not make him accessary Dalt ibid. Where a Felony is committed and one is Arrested for the same or Suspicion thereof though the Constable c. shall after have certain intelligence and knowledge that the Party arrested is not Guilty of the Offence yet they may not set the Party at liberty for he must not be delivered but by due course of Law Cromp. 40 44. Dalt J.P. c. 106. f. 275. If a Constable convey a Felon to the Goal and the Goaler will not receive him then the Constable must bring him back to the Town where he was taken and that Town shall be charged with the keeping of him until the next Goal-delivery and in such case the Goaler shall be punished by the Justices Dalt J. P. c. 118. fol. 340. The Constable or other Officer that shall Imprison any Felon in the Stocks may lock the Stocks and if need be may also put Irons on the Prisoner and when he conveyeth him to the Goal or to the Justice he may Pinion him or otherwise make him sure so that he cannot escape ibid. CHAP. XIV The Constables Office about Excise THose Officers under the Commissioners of Excise called Gagers are to have the Constable along with them when they enter by night into the Houses of any Brewer Inn-keeper Victualler c. to gage their Coppers Fat 's or Vessels or to take an Account of their Beer Ale Worts Perry Syder Strong-waters Metheglin Mead Coffee Chocolate Sherbet or Tea brewed made or distilled in the said Houses 12 Car. 2. c. 23 24. Such Persons as shall be convicted before the Justices of Peace or Commissioners of Excise of any Offence and Forfeiture within the Acts for Excise the Constables upon Warrant to them directed from the Justices of Peace are to levy the Penalties upon the Goods of the Offenders by distress and sale thereof rendring the overplus to the Owners and for want of Distress they are to carry the Party to the Goal there to remain till satisfaction be made 12 Car. 2. c. 23 24. The Constables are also upon Warrant to them directed to summon all Alehouse-keepers c. to appear before the Commissioners of Excise at such days and places as shall be appointed in the said Warrant from time to time CHAP. XV. The Constables Office about Fish THE Constables and Churchwardens by Warrant from any one or more Justices of the Peace where any Offence is committed in destroying the Spawn and Breed of Fish along the Sea-shore or in any Haven or Creek or within five Miles of the Mouth of any Haven or Creek by Fishing with Nets of less Mesh than three Inches and an half between knot and knot are to levy the penalty by distress and sale of the Offenders Goods rendring the overplus to the Owners the penalty is ten shillings and forfeiture of their Nets 3 Jac. c. 12. Wingatts Abr. Stat. Tit. Fishers and Fishing The Justices of Peace of the Counties of Worcester Salop and Gloucester upon their own knowledge or upon information that any Person hath made use of any Net Engine or Device in the River of Severn whereby any Salmon Trout o● Barbel under the length appointed by the Stat. of 1 Eliz. shall be taken or killed or hath fished with any Net for Salmon Salmon-mart Salmon-p●al Pike Carpe Trout Barbel Chub or Grayling the Mesh whereof is under two Inches and a half square from knot to knot allowing to each Mesh four knots or above twenty yards in length and two yards in breadth or above fifty yards in length and six yards in breadth in the wing of the Net in the said River from Ripplelochelake to Gloucester Bridge or above sixty yards in length below Gloucester
least ●xcept it be in June July and August and 〈◊〉 those Months it must have seventeen Days ●nd under such time it cannot be made wholesome 2. They ought to take out of every Quarter ●f Malt half a Peck or more of Dust by reading Rubbing and Fanning the same be●ore they put the same to fale or else they ●orfeit 20 Pence for every Quarter otherwise ●old to be divided between the King and the ●●former 3. If any Malt shall be put to sale not well ●ade according to the limited time or made 〈◊〉 Mow-burnt or Spired Barley or mixed ●ood and bad together they forfeit two shil●●ngs for every Quarter to be divided as afore●●id This Act extends not to such as make Malt for their own Provision only and the Forfeitures aforesaid must be prosecuted within one 〈◊〉 ear CHAP. XXII ●●e Constables Office about disturbing of Ministers IF any Person purposely without Authority disturb a Preacher lawfully licensed in ●reaching Praying or Administration of the ●acraments either by Talking Laughing Hum●ing or the like any Constable or Church-warden of the Place ought presently to apprehend the Party and carry him before a Justly of the Peace of the same County who m●● commit him to safe custody and within f●● days after with another Justice of the Peace they may examine the Matter and if the● find it true by two Witnesses they must commit him to the common Goal there to ●●main for three Months and from thence 〈◊〉 the next Quarter Sessions at which up●● the Parties Reconciliation and entring ●o● Security for one whole Year he may be r●leased at the discretion of the Justices but if he continue still in his obstinacy he m●● continue in Prison without Bail till he be p●nitent 1 Mar. Sess 3. c. 3. Wingates Stat. T● Sacraments Dalt J. P. c. 41. f. 103. He that Rescues an Offender in this ki●●● shall suffer like Imprisonment and forfeit fi●● pounds and the Inhabitants that suffer such 〈◊〉 Offender to escape being presented before 〈◊〉 Justices at their Sessions of the County or Co●poration where the Offence was made do a●● forfeit five pounds Idem CHAP. XXIII The Constables Office about Moss-Troopers THE Constables and other Officers withi● the Counties of Northumberland and C●●berland upon Warrant from the Justices of th● Peace are to levy by Distress and Sale of th● Parties Goods rendring the overplus to th● Owners all such Sums as shall be charged upon any Person within their several Constable ●●●●es by the Justices at their Sessions for the ●●feguard of the Counties against the Injury ●●heft and Rapine of Moss-Troopers And the ●ustices also may examine any Complaint a●●inst the Constables or other Officers that shall ●eglect or refuse or fail to give obedience to the Act or do any thing in disturbance thereof and bind over such Person to the Quarter Sessions to be proceeded against according to Justice 〈◊〉 3 14 Car. 2. c. 22. This Act was by the Stat. 29 30 Car. 2. c. 2. ●evived and to continue for 7 years and to the and of the first Session of the next Parliament And by 1 Jac. continued for 11 years and from thence to the end of the first Session of the next Parliament CHAP. XXIV The Constables Office about the Peace THE Constable ought to do what he can to keep the Peace but he cannot take Surely of the Peace at the request of any Man H. 7. fol. 18. A. Cromp. 6.12 The Constable or other Officer before he Arrest the Party upon a Warrant for the Peace ●ought first to acquaint the Party therewith and charge him in the Kings Name to go along with him to the Justice to put in Sureties according to the Warrant and if the Party refuse so to do then the Officer ought forthwith to take and convey him to the Goal without carrying him to any Justice at all there to remain till he doth find Sureties and then at the next Sessions of the Peace 〈◊〉 Officer ought to deliver in his Warrant a● certifie what he hath done therein Dalt c. 3. If the Party yield to go and find Sureti●● then the Officer may not absolutely Arrest hi● yet he is not bound to go up and down w●●● him till he can get Sureties but he may ke●● him till he can get Sureties to come unto hi● and if the Party make resistance or offer 〈◊〉 go away afterwards the Officer may ca●●● him to the Goal or set him in the Stocks 〈◊〉 he can get aid to carry him to the Goal D●● 69. f. 166. If an Officer having a Warrant from a Just●●● of Peace against a Man to find Sureties 〈◊〉 the Peace and do afterwards receive a S●p●sedeas out of the Chancery or Kings Bench 〈◊〉 from another Justice of Peace of the sa●● County to discharge the same Surety of t●● Peace and yet nevertheless the Officer w●● cause the Party to find Sureties by virtute 〈◊〉 the Warrant the Party may refuse to give i● and if he be arrested or imprisoned for su●● refusal he may have his Action of False Imp●●sonment against such Officer for the S●p●sedeas is a Discharge of the former Warran● Dalt J.P. c. 69. f. 168. If a Constable be informed that a Man a● Woman be in a Adultery or Fornication together or that a Man and Woman of Evil Report are gone to a suspected House together in the Night the Constable may take Compa●● with him and if he find them so he may carry them before a Justice of the Peace to fin● Sureties for their Good Behaviour 13 H. 7. 10 Dalt J.P. c. 75. f. 189. If any shall abuse a Constable in the execu●●on of his Office the Constable may have him ●ound to the Good Behaviour for it Fitz. ●ar 207. Cromp. 135. Any injurious Force or Violence used against ●he Person of another his Goods Lands or ●ther Possessions whether it be by threatning Words or furious Gestures or force of the ●ody or any other Force used in terrorem 〈◊〉 said to be a Breach of the Peace Dalt c. 3. ●ol 9. CHAP. XXV The Constables Office about Physicians THE Constables and other Officers in London and within seven Miles round are to be ●iding and assisting to the President of the Colledge of Physicians and all Persons authorized by the said Colledge for the due execution of the Laws and Statutes belonging to the said Colledge upon Pain of running into contempt to the King 1 Mar. Par. 1. Sess 2. c. 9. Wingates Stat. Tit. Physicians CHAP. XXVI The Constables Office about the Plague IF any Person infected or being or dwelling in an House infected with the Plague sh●ll be by the Constable commanded to keep his House and notwithstanding shall wilfully go abroad and converse in Company having 〈◊〉 infectious Sore on him it is Felony and such Person shall not have such Sore about h●● yet for his Offence he shall be punished as a ●●gabond by the appointment of any one Jus●●●● of the
Chief Officer of the City Borough c. before whom the Offender ●s convicted by View Confession or Oath of ●one Witness shall give Warrant to the Consta●les or Churchwardens to seize the Goods ●●ried or put to sale and to sell them and to ●evy the other Penalties by distress and sale of Goods and in case of inability c. to set the Offenders in the Stocks for two hours the Penalties to be to the Poor of the Parish where the Offence ●s committed saving that the Justice or Head Officer may reward Informers the Reward not exceeding a third part of the Penalties But Prosecution must be made upon this Act within ●en days after the Offence committed 29 Car. 2. c. 7. Dressing of Meat in Families Inns Cooks●hops c. and crying of Milk before nine in the Morning or after four in the Afternoon are not prohibited by this Act 29 Car. 2. c. 7. No Writ Process Warrant c. shall be served on the Lords day except for Treason Felony or Breach of the Peace but the Service shall be void and the Party serving it shall answer Damages as if done without Warrant 29 Car. 2. c. 7. CHAP. XXXIV The Constables Office about profane Swearing IF any Person or Persons shall profanely C●●● and Swear for every time so offending the● forfeit twelve pence the Offence to be pro●● within twenty days after it is committed 〈◊〉 the Oath of two Witnesses or by Confession the Party before any Justice of Peace or H●● Officer of any City or Town Corporate w●● thereupon may issue out their Warrant to th● Constables and Churchwardens and Overse●● of the Poor of that Parish where the said Offen●● shall be committed and the said Constables o● are to levy the Sum and Sums of Mony by 〈◊〉 stress and sale of the Offenders Goods rendr●● the overplus if any be to the Owner 21 J●● c. 20. 3 Car. 1. c. 4. Wingates Stat. Tit. Sweari●● Dalt J.P. c. 55. f. 138. Note Where no Distress is to be had th● Offender if above twelve years of Age sh●● by Warrant as aforesaid be set in the Stoc●● three whole hours but if the Offender be ●●der the Age of twelve years and shall not forth with pay the said Sum of twelve pence per Oath then he or she is to be whipped by the Constable● or by the Parent or Master in the Constable presence 21 Jac. c. 20. 3 Car. 1. c. 4. Dalt J.P. c. 55. fol. 138. CHAP. XXXV The Constables Office about Tobacco Planting ALL Sheriffs Justices of Peace Mayors Bailiffs Constables and every of them ●pon Information or Complaint made to them 〈◊〉 any of them by any of the Officers of the ●ustoms or by any other Person or Persons ●hatsoever that there is any Tobacco set sown ●anied or growing within their Jurisdictions 〈◊〉 Precincts except such as is growing in any ●hysick Garden of either University or in any ●●her private Garden where the quantity of ●round planted exceeds not one half of one ●●ble in any one Place or Garden they are with●● ten days after such Information or Complaint 〈◊〉 cause to be burnt plucked up consumed or ●●terly destroyed all such Tobacco so set sown ●anted or growing 12 Car. 2. c. 34. And if any Person or Persons shall resist or ●ake forceable opposition against any Person or ●ersons in the due execution of this Office as a●vesaid every Person or Persons for every such ●ffence shall forfeit the Sum of five pounds to 〈◊〉 recovered in any Court of Record and be so committed to the Common Goal of the ●ounty where the Offence was committed there 〈◊〉 remain without Bail or Mainprize until he ●●e or they do enter into Recognizance to his ●ajesty his Heirs and Successors with two suffi●●ent Sureties in ten pounds Penalty not to do 〈◊〉 commit the like Offence again 12 Car. 2. c. 34. ●● Car. 2. c. 7. And now by the Stat. 22 23 Car. 2. It further provided That the Justice of Peace 〈◊〉 a month before every Quarter Sessions 〈◊〉 Warrants to High Constables Petty Constabl● and Tythingmen to make search what To●●●● is then sown planted or made and by who●● and to make Presentment thereof in Wri● upon Oath at the next Quarter Sessions wh●● Presentment shall be a conviction in Law 〈◊〉 less the Party having ten days notice before 〈◊〉 Sessions traverse the same there and find S●●●ties to prosecute his Traverse the next Quar●●● Sessions after such Traverse entred 22 〈◊〉 Car. 2. c. 26. Constables Tythingmen and other pub●●●● Officers shall from time to time within fourt●●● days after Warrant from two or more Justi●● of Peace calling to them such as they find c●●venient destroy all Tobacco planted or gr●●ing in any Ground If such Tobacco be 〈◊〉 consumed fourteen days after receipt of 〈◊〉 Warrant such Constables Tythingmen or ot●●● Officers respectively shall forfeit five shilli●● for every Rod so set or planted c. and p●●portionably for a greater or less quantity 〈◊〉 moiety to the King the other to him that ●●t sue for the same 22 23 Car. 2. c. 26. Persons refusing to assist the Constable ● being convicted before two Justices of Peac● shall forfeit five shillings to be levied by distr●●● and sale of Goods and for want thereof shall 〈◊〉 committed for a week And Persons forc●●●● resisting any Constable c. being convicted aforesaid shall forfeit five pounds to be levied aforesaid and in default thereof shall be co●mitted for three months 22 23 Car. 2. c. 26. Physick Gardens and Gardens for Chirurgery ●xcepted as in the former Acts. Persons sued ●or acting in Pursuance of any of these three Acts of Parliament may plead the General Issue ●nd give the special Matter in Evidence This Act is to continue nine years and from thence ●o the end of the Session of Parliament then next ●nsuing 22 23 Car. 2. c. 26. Continued 1 Jac. 2. for seven years and from ●hence to the end of the next Session of Parliament CHAP. XXXVI The Constables Office about Weights and Measures ALL Cities Boroughs and Market Towns in England ought to keep common Weights and Measures sealed at which the Inhabitants may weigh freely and all Foreiners must pay for every Draught under forty pounds one Farthing for a Draught between forty and an hundred an Half-penny and for a Draught between an hundred and a thousand one Penny wherewith the Weights are to be maintained and the Officers which attend that Service are to be rewarded at the discretion of the Inhabitants 8 H 6. c. 5. Every City which wants such Weights and Measures forfeits 10 l. to the King every Borough 5 l. and every Market Town 40 s. and the chief Officers of such places upon request to them made are to Mark and Seal such Weights and Measures to any of the Kings Subjects taking for the marking of every Bushel one Penny and none ought to 〈◊〉 with any other Weights and Measures but suc● as
bound Apprentice to Husbandry or any other Trade the●● he may be bound till 24 years of Age as 〈◊〉 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 that upon complaint by the Churchwardens ●●d Overseers of the Poor to any Justice of ●eace within forty days after any poor Person ●ometh to settle in a Tenement under 10 l. ●●r annum two Justices of Peace whereof one 〈◊〉 be of the Quorum may by Warrant remove ●●ch Person to the Parish where they were last ●●gally settled for forty days unless they give ●●curity to be allowed by the said Justices for discharge of the Parish Persons aggrieved may ●ppeal to the Quarter Sessions But Persons having a Certificate from the ●inister of the Parish and one Churchwarden ●nd one Overseer of the Poor declaring them inhabitants there may go into any Parish to ●ork and the not returning of such Persons ●hen their Work is finished or falling Sick whilst they are at Work shall not be accounted 〈◊〉 Settlement If any return to the Parish from ●hence they are removed a Justice of Peace ●ay send them to the House of Correction to ●●e punished as Vagabonds or to a publick Work house to be imployed in Labour and if ●●e Churchwardens and Overseers of any Parish to which any are removed refuse to resolve them and provide them Work c. a ●ustice of Peace may bind over such Officers to ●●e Assizes or Sessions Churchwardens and Overseers for the Poor ●here any Bastard-Child shall be born may ●ize so much of the Goods and Profits of the ●ands of the Putative Father and Lewd Mother 〈◊〉 two Justices of Peace shall order towards ●ischarge of the Parish to be confirmed at the ●essions who may make an Order for the Churchwardens c. to dispose of the Goo● by sale or otherwise as they shall think 〈◊〉 and receive the Profits of so much of the●● Lands as shall be ordered by the Sessions The Poor in every Town-ship or Village 〈◊〉 Lancashire Cheshire Darbyshire Yorkshire N●thumberland Bishoprick of Durham Cumberland and Westmoreland shall be provided for in th● Township and Village where they inhabit 〈◊〉 were last legally settled And two or more overseers shall be chosen in every Township c. who shall execute all powers for the Belief of the Poor under the Penalties mentioned in 43 Eliz. c. 2. This Act of 13 14 Car. 2. c. 12. was 〈◊〉 continue no longer than to the end of the first Session of the next Parliament but revived by 1 Jac. 2. c. 17. to continue for seven years an● to the end of the first Session of the next Parliament And whereas poor Persons at their first coming to a Parish do commonly conceal themselves the forty days intended by the said Act to make Settlement shall be accounted from the time of their deliveries of notice in wri●ing of their House of Abode and the number of their Family if they have any to one of the Churchwardens or Overseers of the Poo● of the said Parish 1 Jac. 2. c. 17. No Man but a Vagrant Begger 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 Justice● to be sent to the House of Correction Co. 2 part Inst fol. 730. 7 Jac. c. 4. Resol Judges 9. Dalt ● P. c. 73. f. 157. 39 El. c. 4. 1 Jac. c. 7. If a Scholar in the University or in a Grammar School begin to be suspect he may be or 〈◊〉 he doth become impotent and is like to ●e a Charge to the Parish where he is he must ●e sent to his Parents if he have any other●ise to the place where he was last legally ●●ttled before he came to School Res Judges 633. sect 32. If one be Born and live 20 years in A. and ●●en go to B. and there live in a House and pay ●is Rent and after he come to C. and there Works 20 Weeks as a Labourer in a Quarry of ●●ones where he breaks his Back and becomes ●●potent and there is taken vagrant and beg●●ng in this case he must be sent to A. the ●●ace of his Birth and there must be provided ●or Res Judges 14 Car. 1. If a Man that hath a Wife and Children take 〈◊〉 House in one Parish for a Year and during ●is time he is illegally forced out of his Possession then he takes an House as Inmate in another Parish out of which he is put within two ●r three days and then not having any place 〈◊〉 be in he gets into a Barn in the third place ●nd there his Wife is delivered of another ●hild In this case they are all to be sent to the ●arish out of which they were first illegally ●●rced Resol Judges 1633. sect 24. One Born in D. left that place for the space 〈◊〉 20 years then lived in S. took an House and ●●id Rent and left that place also six or seven ●ears and then came to L. in another County ●nd there was twenty Weeks did Work and there became impotent and did wander at 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 th● Judges at Worcester Assizes 14 Car. 1. Boulst Re● 1 part f. 375. No Child under the Age of seven years sha●● be adjudged a Rogue within the Stat. 39 El. c. ● But it seems such Children vagrant and beggin● must be sent and placed with the Father 〈◊〉 Husband of the Wife and if he be dead the● with the Mother where she was born or la●● dwelt by the space of one year and such Children once thus settled or placed must the●● remain and not be sent from thence to the●● place of Birth though after their Parents die or run away or that the said Children gro● above the Age of seven years yea though th●● said Children after beg and prove vagrant i● the Town for there they must be set to labo●● by the Overseers of the Poor Dalt J.P. c. ●● f. 209. But Children above seven years of Age going about vagrant or begging in the Cou●try shall be punished as Rogues and sent 〈◊〉 their place of Birth Dalt J. P. ch 83. f. 209. 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 wher● the House is Dalt J. P. c. 83.
Deputies under their Hands and Seals to search for and seize all Arms in the custody and possession of any Person or Persons whom the said Lieutenants or their Deputies shall judge to be dangerous to the Peace of the Kingdom and to secure the same and give account thereo● to the said Officers but such search is to be made in the day-time only between Sun rise and Sun set and not otherwise unless it be in Cities and their Suburbs Towns Corporate● and Market Towns or Houses within the Bill● of Mortality in which places search may be in the night if the Warrant so direct No dwelling house of any Peer of the Realm i● to be searched unless the Warrant be from the Kings Majesty under his Sign-Manual or in the Presence of the Lieutenant or one of the Deputy Lieutenants of the said County o● Riding And in all Places and Houses aforesaid where search is made in case of Resistance to enter with force and such Arms so seized where the Lieutenants or their Deputies or any two of them think fit may be restored to the Owners again 14 Car. 2. c. 3. The Constables by Warrant under the Hand and Seal of the Lord Lieutenant or any three or more of the Deputy Lieutenants are to levy such Sums Forfeitures Penalties and Payments as shall be charged upon any Person or Persons within their several Liberties for the furnishing of Arms Horse or Foot or Payment of Soldiers 14 Car. 2. c 3. 15 Car. 2. c. 4. And where sufficient Distress cannot be had then the Lord Lieutenants and their Deputies by like Warrant to the Constable may commit such Offender to prison until he shall make satisfaction according to the said Forfeiture Payment or Penalty ibid. CHAP. V. Articles which the High Constables are to return the Justices at their Sessions or their Monthly Meetings of the Divisions and to cause their Petty Constables c. in their several Liberties to make Return thereof unto them 1. THey are to return the Names Sir names Additions of Names and Qualities of all Popish Recusants as well House-keepers as Lodgers dwelling or residing in any of their said Parishes Liberties or Precincts 2. Such Persons as shall continue Drinking or Tipling in any Inns or Alehouses at any time and more especially upon the Lords Day or Holy Days and such Persons as they shall find Drunk and all such Inn-keepers and Alehouse-keepers as shall entertain them 3. Item the Names of such as shall prophanely Swear or Curse with the number of their Oaths immediately after the committing such Offence inform the next Justice thereof 4. Item they are to return such Victuallers or Alehouse-keepers as use Victualling or selling of Beer and Ale without License 5. Item such Persons as suffer any unlawful Games to be suffered in their Houses Backsides or Gardens and also the Names of such as shall play at any of the said Games 6. Item such Persons as refuse or neglect to do their Duty of Watching and Warding 7. Item such Persons as divide their Houses into several Tenements and such as do entertain Inmates who may be an Annoyance to their Neighbours or likely to bring charge upon the Parish 8. Item the Defaults of Petty Constables a● Tythingmen c. for not causing Rogues V●gabonds and Beggars to be duly apprehen●ed punished and passed according to t●● Statute 9. Item all Masterless Men and Women ●●ving at their own Hands such as are Idle a●● will not Labour and can give no good a●count how they get their Living all suspi●●ous Persons Whores Noctivagants or Nigh● walkers and Mothers of Bastards which m●●be chargeable to the Parish 10. Item the Names of such Persons as ●●fuse to take Apprentices poor Parish Childr●● to Husbandry or other Callings according 〈◊〉 Law 11. Item all such as neglect to make d●●● Rates and Collections for the Relief of the Po●● in every Parish and that cannot or do not gi●● a just account of the Imployment of the Re●● and Stock of the Poor 12. Item of the Defects in the High Way and Bridges with the Names of such as shou●● repair them and have neglected or refused 〈◊〉 do their Duty herein 13. Item such Scavengers as neglect to 〈◊〉 their Office in cleansing the Streets to be kep● clean within their Liberties and the Name of such Persons as commit common Annoyances by laying of Dung Soil Dirt or Ashes 〈◊〉 the Street 14. Item the Names of all such Persons 〈◊〉 refuse to pave the Streets before their Houses where the said Streets have usually been pave● formerly 15. Item the Names of all such Persons as ●eep any Hogs to the common Annoyance of ●is Majesties Subjects in or about such Liber●●es Places and Precincts where Hogs ought ●ot to be kept 16. Item all such Bakers as put light Bread 〈◊〉 sale and the Weight thereof and such ●rewers as sell Beer or Ale to unlicensed Alehouse-keepers all Forestallers Regrators and ●●grossers of any Corn Grain Butter Cheese ●acon or any other kind of dead Victuals ●hatsoever 17. Lastly All such Persons as can prove or ●●stifie any of the said Offences are to be warn●d to appear before the said Justices at their ●essions or Meetings aforesaid to testifie their ●nowledge of such Offences of which they can ●●ve Information CHAP. VI. The Constables Office about Foreign Bone-Laces Cut-work Imbroidery c. and French Goods THE Constables upon Warrant to them directed from the Justices of Peace or Chief Officers of the Cities Towns Corpo●ate c. are to search within their respective Counties Cities Towns c. in the Shops ●eing open Ware-houses and Dwelling-house ●f such Person or Persons who shall be suspected to have any Foreign Bone-Laces Cut-works Imbroideries Fringes Bandstrings But●ons or Needle-works make of Thred Silk or ●ny or either of them made in the Parts beyond the Seas and where they find any suc●●● to seize the same 14 Car. 2. c. 13. No French Wine Vinegar Brandy Lin●●● Cloth Silks Salt Paper or any Manu●●ctures made of or mixed with Silk Thre●●● Wool Hair Gold or Silver or Leather ●●●ing of the Product or Manufacture of any 〈◊〉 Dominions of the French King shall after 〈◊〉 24th of August 1689. during the Term of th●● Years or before the end of the first Session Parliament next after the expiration of 〈◊〉 said three Years to be imported into Engla●● Wales or Town of Berwick or Isles of Jers● Guernsey Alderny Sark or Isle of Man mi●● or unmixt with any Commodity of the P●●duct of any other Country such Import●●●on and vending the said Commodities impo●●ed contrary to this Act being by the 〈◊〉 Act declared a common Nusance And su●● Goods are to be seized and carried in●● his Majesties Ware-house and if upon 〈◊〉 Information into the Exchequer the Ju●● find that they are French Goods Judgme●● shall be That the Wines and Brandy shall 〈◊〉 staved and spilt in some River Stream or S●● near the place where they were seized
Peace and further shall be bound to Good Behaviour for one whole Year Wing●●●● Stat. Tit. Plague 1 Jac. c. 13. Dalt J.P. c. ● fol. 91. The Justices of Peace or any one of th● and other Head Officers in Corporate Tow● ithin their several Limits may appoint Sea●ers Watchmen Examiners Keepers and B●●ers for the Persons and Places infected and any Person infected or dwelling and being in House infected shall contrary to the commitment or appointment of the Justice of Peace Constable c. wilfully attempt to go abroad to resist such their Keepers or Watchmen th● may such Watchmen with Violence force th● to keep their Houses and if any hurt happ●● thereupon the Watchmen shall not be impeac●ed therefore 1 Jac. c. 13. Dalt J.P. c. 39. f 9 Cromp. 122. b. Wingates Stat. Tit. Plague If the Constable or other Officer wilfully neglect to levy the Mony by Warrant from t●● Justices of Peace upon the Statute for Relief● any Town infected with the Plague by Distre●● and Sale of the Goods of such Persons as refu●● or neglect to pay then they forfeit for ever such Offence ten shillings to be imployed to th● said Charitable Use Wingates Stat. Tit. Plagu● 1 Jac. c. 31. Dalt J.P. c. 39. f. 91. CHAP. XXVII The Constables Office about conveying Prisoners to the Goal AN Offender which is to be conveyed to Goal must bear all Charges both of himself and of those that guard him if he be able and if he refuse to pay the Charges or shall not at the time of the Commitment discharge the same then upon a Warrant from a Justice of Peace the Constable of the Liberty or Town where the Offender hath any Goods being within the same County may sell so many of the Parties Goods as in the discretion of the Justice shall be thought sufficient to satisfie the said Charges the Apprizement to be made by four Inhabitants of the Parish where such Goods be and the overplus to be returned to the Owner 3 Jac. c. 10. Dalt J.P. c. 43. f. 104. And if the Offender have no Goods to defray the Charges then the Charge must be born by the Town or Parish where the Offender was taken which must be done by Tax made by the Constable Churchwardens and two or three other Inhabitants and where there are no such Officers then four of the principal Inhabitants of the Parish must make the Rate which being allowed under the Hand of a Justice of Peace every Inhabitant must pay their proportion according to the said Rate and if any refuse to pay the Constable Tythingman or other Officer by Warrant from a Justice of the Peace may levy the same by Distress and after Apprizement by four o● the Inhabitants may sell the same rendring● to the Party refusing the overplus if any be 1 Jac. c. 10. And if the Constable or other Officer th●● makes such Distress be sued he may plead Justification and upon a Verdict for the Defendant or a Nonsuit of the Plaintiff he shall recover treble Damages besides Costs of the Suit Purveyance See Carriages Chap. 7. fol. 23. CHAP. XXVIII The Constables Office about Quarter Many for Maimed Soldiers 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 Soldiers and Mariners rendring the overplus to the Owner 43 Eliz 3. Wingates Stat. Tit. Captains and Soldiers 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 40 s. which forfeitures are to be levied and employed by the Treasurer for the encrease of their Stock for the uses aforesaid 43 El. c. 3. Wingates Stat. Tit. Captains and Soldiers 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 Goal under pain of five pounds 14 El. c. 5. Wingates Stat. Tit. Prison and Prisoners The Constables and Churchwardens 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 M●inprize which Mony the Churchwardens are to pay to the High Constable ten days before the end of every 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. c. 2. Wingates Stat. Tit. P●● People Dalt J.P. c. 53. fol. 135. CHAP. XXIX The Constables Office about Popish Recusants POpish Recusants above Sixteen years of a●● shall within forty days after their convict●on repair to their usual dwelling and not remo●● above five Miles from thence on pain to fors●●● all their Goods and Lands and Annuities duri●● Life and if they have no certain Abode th●● are they to repair to the Place where they we●● Born or where their Father and Mother dwel● and within twenty days after their arrival the● to give their Names in Writing to the Ministe● Constables and Headboroughs which Minister to enter them in a Book to be kept for that purpose and he together with the said Constable and Headboroughs are to certifie the same to the next Quarter Sessions where the Justice of Peac● must cause the same to be inrolled 35 Eliz. c. ● Wingates Stat. Tit. Crown The Constables and Churchwardens of ever● Parish or the one of them if there be not such then the High Constables of the Hundre● there are once every year to present at th● General Sessions of the Peace the monthly absence from Church of every Popish Recusant and the Names of their Children being above the Age of nine Years abiding with their said Parents and of their Servants together with the Age of their Children as near as they can know them on pain to forfeit respectively for every such default twenty shillings which Presentment the Clerk of the Peace or Town Clerk shall Record without
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 Re●ief of poor maimed Soldiers and Mariners And these Treasurers by the Words of the future ought to be Subsidy Men of 10 pounds ●n 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 Rooms 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 ●elief of maimed Soldiers and Mariners so ●hat no Parish pay Weekly above 10 pence nor ●nder 2 pence nor any County which consists ●f above 50 Parishes pay above 6 pence one ●arish 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 ●he Treasurers of the County at the same Quarter 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 an● then the major-part of the Justices may allo● him a Pension which the Treasurers mu●● pay him quarterly until it shall be revoked 〈◊〉 altered by the said Justices and this Allowanc● is not to exceed 10 l. per annum to a Commo● Soldier not 15 l. to an Officer under a Lieutenant nor 20 l. to a Lieutenant 43 El. c. 3 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 a 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 the 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 〈◊〉 a just Account to the succeeding Treasurers o● 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 o● shall be otherwise negligent in the Executio● of his Office The Justices at the Sessions may assess what Fine they please upon him so tha● it be not under five pounds but what the● please above five pounds upon him his Executors or Administrators Wingate ubi supra 43 El. c. 3. In Corporations the Justices there are t● 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 nee● require differing from that above limited i● this Act so that no Parish pay above thr●● shillings Weekly nor under twelve pen● Weekly one Parish with another 43 El. c. 3. FINIS