Essoign ârotection or Wager of Law shall be allowâd And in case any Person or Persons shall resume to take upon him or them to impress âny Horses Oxen Cart Wain or Carriages for âis Majesty's Service other than the Person so âmpowered then he or they so offending ââall upon due Conviction of the said Offence ââcur and suffer the Punishment contained in ââe Act of 12 Car. 2. And it is further Enacted That the High âonstable or Constables the Mayor Bailiff ãâã other Chief Officer who shall be required ây this Act to warn the said Carts and Carââages as in the said Act directed do make a âeturn in Writing to the Clerk or other Ofââcer of the Carriages of the Names and Places ãâã Abode of every such Person who is so âarned to bring in his Cart or Carriage to ââe intent it may be known in case of any ââllure who is in default and the said Conââables and other Chief Officer or Officers apâointed by this Act to warn in the said Carââages as abovesaid may be discharged and ââdemnified and the Defaulters punished as ân this Act is provided 14 Car. 2. c. 20. For providing Carriages by Land and by Water for the use of his Majeâây's Navy and Ordnance Two or more Justices of the Peace by Warrant from the Lord High Admiral of England or two or more ãâã the principal Officers or Commissioners of thâ Navy or the Master of his Majesty's Ordnance or the Lieutenant of his Ordnance are tâ provide Carriages with Horses and Oxen oâ of the Country not being above twelve Milâ distant from the place of lading the Owneâ of which Carriages or their Servants are ãâã receive twelve pence a Mile for every Load ãâã Timber and eight pence a Mile for every Tâââ of other Commodities And all such Persons ãâã neglect or refuse to make their appearance uâon Oath thereof made before the Justices bâ the Constable or two Witnesses the Persoâ refusing or neglecting forfeits twenty shillingâ to be levied by Distress and Sale of his Goodâ by Warrant from the said Justices Mayor ãâã other chief Officer or from the principal Oâficers or Commissioners of his Majesty's Navâ or Master or Lieutenant of his Majesty's Orânance rendring to the Owner the overplus ãâã any be first deducting the Charge of Distraiâing No Horses c. or Land-Carriage shall ãâã forced to travel more days-journy from the place where they receive their Lading nor bâ compelled to continue longer in the Employment than the said Justices shall appoint anâ that ready Mony be paid to the Parties in hanâ at the place of Lading according to the Ratâ aforesaid Stat. ibid. The said Act of 14 Car. c. 20. 13 c. 8. are ãâã continue until the end of the first Session of thâ next Parliament and expired but revived bâ 1 Jac. 2. for 7 years from June 21 1685. and ãâã continue to the end of the first Session of the next Parliament CHAP. VIII The Constables Office about Irish Cattel ãâã any great Cattel Sheep or Swine or any ãâã Beef Pork or Bacon except such as is the necessary Provision of the respective âââps or Vessels in which the same be brought ãâã exposing the same or any part thereof ãâã sale shall by any wise whatsoever be ââââported or brought from Ireland or any âââer Part beyond the Seas into the Kingâââ of England Dominion of Wales or Town ãâã Berwick upon Tweed in such case the âââstable Tythingman Headborough Churchâââdens or Overseers of the Poor or any of âââm within their respective Liberties Paâââes or Places may take and seize the same ãâã keep the same during the space of ââânt and forty hours in some publick or âââvenient place where such seizure shall be ââde within which time if the Owner or ââners or any for him or them shall make âppear unto some Justice of Peace of the ââe County where the same shall be so seiâââ by the Oath of two credible Witnesses âât the same were not imported from Ireland from any other Place beyond the Seas exââât the Isle of Man then the same upon ãâã Warrant of such Justice of Peace is to be âââivered to the Owner or Owners without deâââ 18 Car. 2. c. 2. But in default of such Proof and Warrant ân the same to be forfeited and one half ââreof to be disposed to the use of the Poor of the Parish where the same shall be so fouââ and seized and the other part thereof to ãâã or their own use that shall so seize the samâ 18 Car. 2. c. 2. Such Cattel as are imported from the Iâââ of Man before excepted into England are not to exceed the number of six hundreâ in one Year and they are to be of no othââ Breed than of the Breed of the Isle of Maâ and all to be landed at the Port of Chester ãâã some of the Members thereof and not elsâwhere 18 Car. 2. c. 2. This Act was to continue for seven Yeaââ and from thence to the end of the first Sesââon of the next Parliament And is now by tââ Statute of 32 Car. 2. c. 2. revived and maââ perpetual But these former Remedies not proving effectual for the prevention of the Transpoââing of the Cattel aforesaid it is further prâvided That whensoever and as often as ãâã shall happen either through any fraudâlent Agreement or unfaithful Connivence ãâã any Constable Headborough Tythingmââ Churchwarden or Overseer of the Poor ãâã that it shall happen any otherwise howsoevââ that any great Cattel Sheep Swine Beâââ Pork or Bacon after the first Seizure ãâã them or any of them by Virtue of the aforâsaid Act shall be driven brought carriââ into or found in any other Parish or Placâ than where the same shall be first seized ãâã aforesaid That then and so often and froâ time to time it shall and may be lawful ãâã and for the Constable Tythingman Headbârough Churchwarden or Overseer of tââ 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 âake 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. ât 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 âides and Tallow shall be to the Seizor and âhe Remainder to be
to such Place where the seizure shall ãâã made 13 Car. 2. c. 11. All Officers belonging to the Admiralty Caâtains and Commanders of Ships Forts Castlâ and Block-houses and all Justices of Peace Maâors Sheriffs Constables and Headboroughs anâ other the King's Majesties Officers and Subject whatsoever whom it may concern are to bâaâding and assisting to all and every Person aââ Persons which are or shall be appointed by hââ 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 âo continue but to the end of the first Session of âhe 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 ânder the Hands and Seals of two or more Juââices of the Peace hath power to search the âouses of any Persons suspected to keep Setâing-Dogs or Nets for the taking of Pheasants ââr Partridges and the Dogs and Nets there âound to take carry away detain kill destroy ând cut in pieces 7 Jac. c. 11. Dalt J. P. c. 37. âol 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 ân Free-hold or some Estate of Inheritance âor 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 ãâã Felony in the Goaler Constable or him thâ letteth such Prisoner escape but it is no Felonâ in the Prisoner but if such a Prisoner she escape by the Negligence of his Keeper anâ against his Will and Knowledge then it is Felony in the Prisoner because a Breach of Prâson and the Goaler or Constable c. shall bâ Fined by the Judges or Justices for such Escape Dalt J.P. c. 106. fol. 272. Bro. Coron 112 22â 316 454. Bro. Escape 31 Stamford fol. 32. If a Constable or other Officer shall voluntarily suffer a Thief being in his Custody tâ go into the Water and drown himself thâ Escape is Felony in the Constable and the Thieâ 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 negligeââ 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 iâ the Party that suffereth him to escape but ãâã the Constable suffer one to escape whom he knows hath committed a Felony he is finable iâ 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 oâ 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-pâal 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 âxcept it be in June July and August and ãâã those Months it must have seventeen Days ând under such time it cannot be made wholesome 2. They ought to take out of every Quarter âf Malt half a Peck or more of Dust by reading Rubbing and Fanning the same beâore they put the same to fale or else they âorfeit 20 Pence for every Quarter otherwise âold to be divided between the King and the ââformer 3. If any Malt shall be put to sale not well âade according to the limited time or made ãâã Mow-burnt or Spired Barley or mixed âood and bad together they forfeit two shilâângs for every Quarter to be divided as aforeââid This Act extends not to such as make Malt for their own Provision only and the Forfeitures aforesaid must be prosecuted within one ãâã ear CHAP. XXII ââe Constables Office about disturbing of Ministers IF any Person purposely without Authority disturb a Preacher lawfully licensed in âreaching Praying or Administration of the âacraments either by Talking Laughing Humâing 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 mââ commit him to safe custody and within fââ days after with another Justice of the Peace they may examine the Matter and if theâ find it true by two Witnesses they must commit him to the common Goal there to ââmain for three Months and from thence ãâã the next Quarter Sessions at which upââ the Parties Reconciliation and entring âoâ Security for one whole Year he may be râleased at the discretion of the Justices but if he continue still in his obstinacy he mââ continue in Prison without Bail till he be pânitent 1 Mar. Sess 3. c. 3. Wingates Stat. Tâ Sacraments Dalt J. P. c. 41. f. 103. He that Rescues an Offender in this kiâââ shall suffer like Imprisonment and forfeit fiââ pounds and the Inhabitants that suffer such ãâã Offender to escape being presented before ãâã Justices at their Sessions of the County or Coâporation where the Offence was made do aââ forfeit five pounds Idem CHAP. XXIII The Constables Office about Moss-Troopers THE Constables and other Officers withiâ the Counties of Northumberland and Cââberland upon Warrant from the Justices of thâ Peace are to levy by Distress and Sale of thâ Parties Goods rendring the overplus to thâ Owners all such Sums as shall be charged upon any Person within their several Constable ââââes by the Justices at their Sessions for the ââfeguard of the Counties against the Injury ââheft and Rapine of Moss-Troopers And the âustices also may examine any Complaint aââinst the Constables or other Officers that shall âeglect 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 ãâã 3 14 Car. 2. c. 22. This Act was by the Stat. 29 30 Car. 2. c. 2. âevived 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 âought 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 ãâã Officer ought to deliver in his Warrant aâ certifie what he hath done therein Dalt c. 3. If the Party yield to go and find Suretiââ then the Officer may not absolutely Arrest hiâ yet he is not bound to go up and down wâââ him till he can get Sureties but he may keââ him till he can get Sureties to come unto hiâ and if the Party make resistance or offer ãâã go away afterwards the Officer may caâââ him to the Goal or set him in the Stocks ãâã he can get aid to carry him to the Goal Dââ 69. f. 166. If an Officer having a Warrant from a Justâââ of Peace against a Man to find Sureties ãâã the Peace and do afterwards receive a Sâpâsedeas out of the Chancery or Kings Bench ãâã from another Justice of Peace of the saââ County to discharge the same Surety of tââ Peace and yet nevertheless the Officer wââ cause the Party to find Sureties by virtute ãâã the Warrant the Party may refuse to give iâ and if he be arrested or imprisoned for suââ refusal he may have his Action of False Impââsonment against such Officer for the Sâpâsedeas is a Discharge of the former Warranâ Dalt J.P. c. 69. f. 168. If a Constable be informed that a Man aâ 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 Compaââ with him and if he find them so he may carry them before a Justice of the Peace to finâ Sureties for their Good Behaviour 13 H. 7. 10 Dalt J.P. c. 75. f. 189. If any shall abuse a Constable in the execuââon of his Office the Constable may have him âound to the Good Behaviour for it Fitz. âar 207. Cromp. 135. Any injurious Force or Violence used against âhe Person of another his Goods Lands or âther Possessions whether it be by threatning Words or furious Gestures or force of the âody or any other Force used in terrorem ãâã said to be a Breach of the Peace Dalt c. 3. âol 9. CHAP. XXV The Constables Office about Physicians THE Constables and other Officers in London and within seven Miles round are to be âiding 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 shâll be by the Constable commanded to keep his House and notwithstanding shall wilfully go abroad and converse in Company having ãâã infectious Sore on him it is Felony and such Person shall not have such Sore about hââ yet for his Offence he shall be punished as a ââgabond by the appointment of any one Jusââââ of the
Chief Officer of the City Borough c. before whom the Offender âs convicted by View Confession or Oath of âone Witness shall give Warrant to the Constaâles or Churchwardens to seize the Goods ââried or put to sale and to sell them and to âevy 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 âs 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 âen days after the Offence committed 29 Car. 2. c. 7. Dressing of Meat in Families Inns Cooksâhops 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 Câââ and Swear for every time so offending theâ forfeit twelve pence the Offence to be proââ within twenty days after it is committed ãâã the Oath of two Witnesses or by Confession the Party before any Justice of Peace or Hââ Officer of any City or Town Corporate wââ thereupon may issue out their Warrant to thâ Constables and Churchwardens and Overseââ of the Poor of that Parish where the said Offenââ shall be committed and the said Constables oâ are to levy the Sum and Sums of Mony by ãâã stress and sale of the Offenders Goods rendrââ the overplus if any be to the Owner 21 Jââ c. 20. 3 Car. 1. c. 4. Wingates Stat. Tit. Sweariââ Dalt J.P. c. 55. f. 138. Note Where no Distress is to be had thâ Offender if above twelve years of Age shââ by Warrant as aforesaid be set in the Stocââ three whole hours but if the Offender be ââder 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 Constableâ 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 âpon Information or Complaint made to them ãâã any of them by any of the Officers of the âustoms or by any other Person or Persons âhatsoever that there is any Tobacco set sown âanied or growing within their Jurisdictions ãâã Precincts except such as is growing in any âhysick Garden of either University or in any ââher private Garden where the quantity of âround planted exceeds not one half of one ââble in any one Place or Garden they are withââ ten days after such Information or Complaint ãâã cause to be burnt plucked up consumed or ââterly destroyed all such Tobacco so set sown âanted or growing 12 Car. 2. c. 34. And if any Person or Persons shall resist or âake forceable opposition against any Person or âersons in the due execution of this Office as aâvesaid every Person or Persons for every such âffence shall forfeit the Sum of five pounds to ãâã recovered in any Court of Record and be so committed to the Common Goal of the âounty where the Offence was committed there ãâã remain without Bail or Mainprize until he ââe or they do enter into Recognizance to his âajesty his Heirs and Successors with two suffiââent Sureties in ten pounds Penalty not to do ãâã commit the like Offence again 12 Car. 2. c. 34. ââ Car. 2. c. 7. And now by the Stat. 22 23 Car. 2. It further provided That the Justice of Peace ãâã a month before every Quarter Sessions ãâã Warrants to High Constables Petty Constablâ and Tythingmen to make search what Toââââ is then sown planted or made and by whoââ and to make Presentment thereof in Wriâ upon Oath at the next Quarter Sessions whââ Presentment shall be a conviction in Law ãâã less the Party having ten days notice before ãâã Sessions traverse the same there and find Sâââties to prosecute his Traverse the next Quarâââ Sessions after such Traverse entred 22 ãâã Car. 2. c. 26. Constables Tythingmen and other pubââââ Officers shall from time to time within fourtâââ days after Warrant from two or more Justiââ of Peace calling to them such as they find cââvenient destroy all Tobacco planted or grââing in any Ground If such Tobacco be ãâã consumed fourteen days after receipt of ãâã Warrant such Constables Tythingmen or otâââ Officers respectively shall forfeit five shilliââ for every Rod so set or planted c. and pââportionably for a greater or less quantity ãâã moiety to the King the other to him that âât sue for the same 22 23 Car. 2. c. 26. Persons refusing to assist the Constable â being convicted before two Justices of Peacâ shall forfeit five shillings to be levied by distrâââ and sale of Goods and for want thereof shall ãâã committed for a week And Persons forcââââ resisting any Constable c. being convicted aforesaid shall forfeit five pounds to be levied aforesaid and in default thereof shall be coâmitted for three months 22 23 Car. 2. c. 26. Physick Gardens and Gardens for Chirurgery âxcepted as in the former Acts. Persons sued âor acting in Pursuance of any of these three Acts of Parliament may plead the General Issue ând give the special Matter in Evidence This Act is to continue nine years and from thence âo the end of the Session of Parliament then next ânsuing 22 23 Car. 2. c. 26. Continued 1 Jac. 2. for seven years and from âhence 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 ãâã with any other Weights and Measures but sucâ as
bound Apprentice to Husbandry or any other Trade theââ he may be bound till 24 years of Age as ãâã 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 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 ãâã 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 discharge 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 inhabitants there may go into any Parish to âork and the not returning of such Persons âhen their Work is finished or falling Sick whilst they are at Work shall not be accounted ãâã 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 ââe punished as Vagabonds or to a publick Work house to be imployed in Labour and if ââe Churchwardens and Overseers of any Parish to which any are removed refuse to resolve them and provide them Work c. a âustice of Peace may bind over such Officers to ââe Assizes or Sessions Churchwardens and Overseers for the Poor âhere any Bastard-Child shall be born may âize so much of the Goods and Profits of the âands of the Putative Father and Lewd Mother ãâã 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 ãâã Lancashire Cheshire Darbyshire Yorkshire Nâthumberland Bishoprick of Durham Cumberland and Westmoreland shall be provided for in thâ Township and Village where they inhabit ãâã 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 ãâã 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 anâ 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 wriâing of their House of Abode and the number of their Family if they have any to one of the Churchwardens or Overseers of the Pooâ 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 Justiceâ 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 Grammar School begin to be suspect he may be or ãâã 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 ââen go to B. and there live in a House and pay âis Rent and after he come to C. and there Works 20 Weeks as a Labourer in a Quarry of ââones where he breaks his Back and becomes ââpotent and there is taken vagrant and begââng in this case he must be sent to A. the ââace of his Birth and there must be provided âor Res Judges 14 Car. 1. If a Man that hath a Wife and Children take ãâã House in one Parish for a Year and during âis 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 âr three days and then not having any place ãâã be in he gets into a Barn in the third place ând there his Wife is delivered of another âhild In this case they are all to be sent to the âarish out of which they were first illegally âârced Resol Judges 1633. sect 24. One Born in D. left that place for the space ãâã 20 years then lived in S. took an House and ââid Rent and left that place also six or seven âears and then came to L. in another County ând 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 thâ Judges at Worcester Assizes 14 Car. 1. Boulst Reâ 1 part f. 375. No Child under the Age of seven years shaââ be adjudged a Rogue within the Stat. 39 El. c. â But it seems such Children vagrant and begginâ must be sent and placed with the Father ãâã Husband of the Wife and if he be dead theâ with the Mother where she was born or laââ dwelt by the space of one year and such Children once thus settled or placed must theââ remain and not be sent from thence to theââ place of Birth though after their Parents die or run away or that the said Children groâ above the Age of seven years yea though thââ said Children after beg and prove vagrant iâ the Town for there they must be set to laboââ by the Overseers of the Poor Dalt J.P. c. ââ f. 209. But Children above seven years of Age going about vagrant or begging in the Couâtry shall be punished as Rogues and sent ãâã 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 wherâ 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 thereoâ 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 Corporateâ and Market Towns or Houses within the Billâ 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 iâ 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 oâ 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 aâ Tythingmen c. for not causing Rogues Vâgabonds and Beggars to be duly apprehenâed punished and passed according to tââ Statute 9. Item all Masterless Men and Women ââving at their own Hands such as are Idle aââ will not Labour and can give no good aâcount how they get their Living all suspiââous Persons Whores Noctivagants or Nighâ walkers and Mothers of Bastards which mââbe chargeable to the Parish 10. Item the Names of such Persons as ââfuse to take Apprentices poor Parish Childrââ to Husbandry or other Callings according ãâã Law 11. Item all such as neglect to make dâââ Rates and Collections for the Relief of the Poââ in every Parish and that cannot or do not giââ a just account of the Imployment of the Reââ and Stock of the Poor 12. Item of the Defects in the High Way and Bridges with the Names of such as shouââ repair them and have neglected or refused ãâã do their Duty herein 13. Item such Scavengers as neglect to ãâã their Office in cleansing the Streets to be kepâ clean within their Liberties and the Name of such Persons as commit common Annoyances by laying of Dung Soil Dirt or Ashes ãâã the Street 14. Item the Names of all such Persons ãâã refuse to pave the Streets before their Houses where the said Streets have usually been paveâ formerly 15. Item the Names of all such Persons as âeep any Hogs to the common Annoyance of âis Majesties Subjects in or about such Liberââes Places and Precincts where Hogs ought âot to be kept 16. Item all such Bakers as put light Bread ãâã sale and the Weight thereof and such ârewers as sell Beer or Ale to unlicensed Alehouse-keepers all Forestallers Regrators and ââgrossers of any Corn Grain Butter Cheese âacon or any other kind of dead Victuals âhatsoever 17. Lastly All such Persons as can prove or ââstifie any of the said Offences are to be warnâd to appear before the said Justices at their âessions or Meetings aforesaid to testifie their ânowledge of such Offences of which they can ââve 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 Corpoâate c. are to search within their respective Counties Cities Towns c. in the Shops âeing open Ware-houses and Dwelling-house âf such Person or Persons who shall be suspected to have any Foreign Bone-Laces Cut-works Imbroideries Fringes Bandstrings Butâons or Needle-works make of Thred Silk or âny or either of them made in the Parts beyond the Seas and where they find any sucâââ to seize the same 14 Car. 2. c. 13. No French Wine Vinegar Brandy Linâââ Cloth Silks Salt Paper or any Manuââctures made of or mixed with Silk Threâââ Wool Hair Gold or Silver or Leather âââing of the Product or Manufacture of any ãâã Dominions of the French King shall after ãâã 24th of August 1689. during the Term of thââ Years or before the end of the first Session Parliament next after the expiration of ãâã said three Years to be imported into Englaââ Wales or Town of Berwick or Isles of Jersâ Guernsey Alderny Sark or Isle of Man miââ or unmixt with any Commodity of the Pââduct of any other Country such Importâââon and vending the said Commodities impoââed contrary to this Act being by the ãâã Act declared a common Nusance And suââ Goods are to be seized and carried inââ his Majesties Ware-house and if upon ãâã Information into the Exchequer the Juââ find that they are French Goods Judgmeââ shall be That the Wines and Brandy shall ãâã staved and spilt in some River Stream or Sââ near the place where they were seized
Peace and further shall be bound to Good Behaviour for one whole Year Wingââââ Stat. Tit. Plague 1 Jac. c. 13. Dalt J.P. c. â fol. 91. The Justices of Peace or any one of thâ and other Head Officers in Corporate Towâ ithin their several Limits may appoint Seaâers Watchmen Examiners Keepers and Bââers 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 thâ may such Watchmen with Violence force thâ to keep their Houses and if any hurt happââ thereupon the Watchmen shall not be impeacâed 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 tââ Justices of Peace upon the Statute for Reliefâ any Town infected with the Plague by Distreââ and Sale of the Goods of such Persons as refuââ or neglect to pay then they forfeit for ever such Offence ten shillings to be imployed to thâ said Charitable Use Wingates Stat. Tit. Plaguâ 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 oâ the Inhabitants may sell the same rendringâ to the Party refusing the overplus if any be 1 Jac. c. 10. And if the Constable or other Officer thââ 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 Mâinprize 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. Pââ People Dalt J.P. c. 53. fol. 135. CHAP. XXIX The Constables Office about Popish Recusants POpish Recusants above Sixteen years of aââ shall within forty days after their convictâon repair to their usual dwelling and not remoââ above five Miles from thence on pain to forsâââ all their Goods and Lands and Annuities duriââ Life and if they have no certain Abode thââ are they to repair to the Place where they weââ Born or where their Father and Mother dwelâ and within twenty days after their arrival theâ to give their Names in Writing to the Ministeâ 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 Peacâ must cause the same to be inrolled 35 Eliz. c. â Wingates Stat. Tit. Crown The Constables and Churchwardens of everâ Parish or the one of them if there be not such then the High Constables of the Hundreâ there are once every year to present at thâ 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 Reâief of poor maimed Soldiers and Mariners And these Treasurers by the Words of the future ought to be Subsidy Men of 10 pounds ân 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 âelief of maimed Soldiers and Mariners so âhat no Parish pay Weekly above 10 pence nor ânder 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 âhe 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 Treasurerâ aforesaid may allow the Party Relief to maintain him till the next Quarter Sessions anâ then the major-part of the Justices may alloâ him a Pension which the Treasurers muââ pay him quarterly until it shall be revoked ãâã altered by the said Justices and this Allowancâ is not to exceed 10 l. per annum to a Commoâ 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 ãâã 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 give up such Account within the time aforesaid oâ shall be otherwise negligent in the Executioâ of his Office The Justices at the Sessions may 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 prohibit the City of London to make a Tax if neeâ require differing from that above limited iâ this Act so that no Parish pay above thrââ shillings Weekly nor under twelve penâ Weekly one Parish with another 43 El. c. 3. FINIS