for the discharge of the Parish and bringing up and providing for the Child as any two Justices shall order and thereupon the Sessions is to dispose and sell the Goods and Chattels and the Sessions may order the Officers aforesaid what they shall receive of the Rents and Lands also for the purposes aforesaid 14. Car. 2. Ch. 12. CHAP. V. The Overseers Office in making of Rates and passing Accounts 64. THese Officers or the greater part of them for the doing and performing of the things they have in charge may raise weekly or otherwise by Taxation of every Parson Vicar and other Occupier of Land House or Tythes Cole-mines or saleable Underwoods within the Parish Town c. such a sum as they shall think fit and this Rate they must have allowed and confirmed under the hands of Two Justices Quor unus and then by Warrant from them or any other Two Justices Quor unus they may levy by distress and sale of the Goods of the party refusing to pay the said Tax rendring the Overplus to the owners and in Default of Distress two such Justices may commit the party to Prison there to remain without bayl till it be discharged by him 43. El. Ch. 2. Dalt J. P. Ch. 4. fo 97. Wingate's Stat. Tit. Poor People 65. Now these Rates ought to be well and truly made according to mens visible Estates real and personal within the place only and not for any Estate elsewhere at Lincoln Assizes 9. Car. 1. by Justice Hutton and Crook 66. Note That a Parish in Reputation shall be a Parish within this Law so that if A. be an ancient Parish that hath Officers in it and there be a Town within this Parish which for a long time hath been used and reputed as a Parish and hath all Parochial Rights as Church-wardens c. here this place may be Rated as a Parish towards the Poor Hutton's Rep. fo 93. M. 3 Car. B. R. Hilton Paul's case Cro. 3. Part. Rep. 67. This Tax must be set upon the Tenants and Occupiers of Lands and not upon the Land-Lords living within or without the Parish for the Tenant only is chargeable for the Land Bulstred's 1. Part. Rep. fo 354. 68. The Parson having a full Tenth Part of the Profits of the place may be rated to a Tenth Part. Resol Judges 1633. Sect. 32. 69. He that doth occupy Lands in his his own hands lying in several Parishes he must be charged in every Parish for his Land lying therein only according to the proportion thereof and no more but for his personal Estate it seems reasonable he should be charged for it in the place where his person is All Lands Ancients Demeasn Guildable and Copy-hold are to be charged with these Rates which ought to be according to the value or by the pound and not according to the quantity Sed Consuetudo tollit Legem 70. The Rate for Stock or Goods is thought reasonable to be set after the proportion of Lands viz. an 100 pound in Stock to be rated after 5. or 6. pound a year in Land 71. Note That in some special cases a man may be rated beyond his ability as where one brings a charge upon a Parish or under any pretence brings in a man that may be chargeable in a Parish he may if there be cause for this be raised in his Rate to the full value of his Estate and so was the opinion of Sir Nicholas Hide Dalt J. P. Ch. 40. fo 97. 72. Where the Inhabitants of any Parish are not able to relieve their Poor any two Justices Quor unus may tax other Parishes and places within the Hundred yea the whole Hundred if need require and where that is not sufficient the Justices in their Sessions may tax the County in part or wholly at their discretions 43. El. Ch. 2. Wingate's abr Stat. Tit. Poor People 14. Car. 2. Ch. 12. 73. If any persons find themselves agrieved in any Tax or other Act done by the Overseers or by the Justices of Peace they are to be Relieved at the Quarter Sessions Dalt J. P. Ch. 40. fo 97. Wingate's Abr. Stat. Tit. Poor People 74. The Father Grandfather Mother Grandmother and Children of every poor person shall be assessed towards their Relief as the Justices of the Peace in their Sessions of the Peace in the County where such Father c. dwells shall limit and appoint in pain to forfeit 20. s. a Month to the use of the Poor to be levyed by distress and sale as aforesaid and for want of distress to be committed to Prison till the Forfeiture be paid 43. El. Ch. 2. Wingate's Abr. Stat. Tit. Poor People Dalt J. P. Ch. 40. fo 98. 75. Head Officers in Cities and Corporate Towns and Aldermen of London have in their several Precincts like Authority that Justices of Peace have in their Counties and no other Justices of Peace are to enter and intermeddle there Wingate's Abr. Stat. Tit. Poor People 43. El. Ch. 2. 76. If any Parish shall extend into two Counties or part thereof to lie in any City or Corporate Town where they have Justices Then the Justices of every County c. are to intermeddle only within their own limits and every of them respectively within their limits are to execute this Law concerning the nomination of Overseers binding of Apprentices granting Warrants to levy Taxations taking Accounts of Overseers and committing such as refuse to account or to pay their Arrearages and yet the Overseers shall without dividing themselves execute their Office in all places within the said Parish but shall give up Accounts to the Justices or Head Officers of both places Wingate's Abr. Stat. Title Poor Perple 43. El. Ch. 2. Dalt J. P. Ch. 40. fo 97 98. 77. These Officers within four days after the end of their year and that other Officers are nominated are to yield up a true account to two Justices Quor unus of these things following 1. What sums of mony they have received or rated and not received 2. What stock of Ware or Stuff is in their hands or in the hands of any of the Poor 3. What Apprentices they have put out and bound according to the Statute 4. What Poor they have set to work or relieved 5. What Poor they have suffered to wander and beg out of their Town or in the High-ways or in their Town without their directions 6. Whether they met monthly to consider of the things belonging to their Office 7. Whether they made their Rates indifferently upon all men according to their ability 8. Whether they have endeavoured to gather and levy such Assessments 9. Whether they have neglected the Justices Warrants to them or any of them directed for the levying of any forfeiture according to the Stat. 43. El. Ch. 2. Dalt J. P. Ch. 40. fo 96. 78. Now if the Churchwardens or Overseers or any of them shall refuse to make and yield a true and perfect Account to the said Justices
J. P. Ch. 40. fo 99. 52. A. being a Wanderer with three Children born in three Parishes comes to Dale with them to her Sister and there dieth shortly after here the Children must be settled in the several Parishes where they were born and not in the Parish where the Mother dyed Boulstr Rep. 2. Part. 351. 53. No man is to be put out of the Town where he dwelleth and is lawfully settled nor to be sent to his place of birth or last habitation but a Vagrant Rogue nor to be found by the Town except the party be impotent but they ought to set themselves to labour if they be able and can get work And if they cannot get work then the Overseers are to set them to work And if in such case such persons wander abroad begging out of the Parish then they may be sent as Vagabonds from the place where they shall be taken wandring or begging to the place of their birth Dalt J. P. Ch. 40. fol. 99. 54. If a Maid Servant be gotten with with Child at A. by her Fellow Servant or by another young Man of the same Town and after both their Services ended they marry and then the young man is retained at B. and afterwards the Woman is delivered of her Child in this Case she with her Child are to be sent to the Father at B. and there must be settled Dalt J. P. Ch. 40. fo 99. 55. If any disturbance be made to any Settlement lawfully ordered by the Justices either by the Constables refusing to receive and convey a Rogue where they ought to do it or by the Churchwardens and Overseers of the Poor in refusing such an one as is duly sent to be settled there in such case they forfeit 5. l. by the 39. El. Ch. 4. 56. If a Woman unmarried be hired weekly Monthly half yearly or yearly in one Parish and there be be gotten with Child and then goeth into another Parish and there is settled in Service or otherwise for two or three months and then she is discovered to be with Child in this case she and her Child shall be settled in the Parish where she then is and must not be sent to the Parish whence she came Resol Judges 1633. Sect. 12. 57. If a Woman be delivered of a Bastard Child in one Parish and then go into another Parish with her Child in this case the Child after it is Nursed is to be sent to and settled in the place where it was born and not to remain with the Mother Resol Judges 1633. Sect. 21. 58. If A. have a Bastard Child by B. born in Dale 10. years since and the Reputed Father marries another Woman and they breed the Child 10. years in the Parish of Sale and the Mother of the Child is in Service all this while and a Single Woman the Reputed Father dies In this case the Child is to be sent to the Mother first to be maintained by her if she be able and if not it must be kept by the Parish of Sale where it was settled with the Father 10 years Boulstr Rep. 2. Part. fo 350. 59. If a Woman have a Bastard Child and is like to be chargeable to the Parish and she is sent to the House of Correction for it as she may be by Law in this case it hath been questioned whether the Child must go with her or remain in the Town where it was born or settled with the Mother and there to be relieved by the work of the Mother or by Relief from the Reputed Father upon the 18. El. and it seems most reasonable to be so and yet the common opinion and practice is otherwise to wit to send the Child with the Mother to the House of Correction And this may also seem reasonable where the Child sucketh on the Mother Dalt J. P. Ch. 11. fo 39. 60. If a Woman with Child be sent to the House of Correction and there be delivered the Child must be sent back to the Parish where the Woman came from there to be relieved Also if a Woman be travelling and have her Child with her and is apprehended and sent to the Gaol and there hanged for Felony in this case the Child shall not be chargeable to the place where the Gaol is but to the place where it was born if it can be known otherwise to the place where the Mother was apprehended and so was the opinion of Sir Nicholas Hide 3. Car. 1. 61. The Two next Justices Quor unus in 〈…〉 to the limits where the Parish Câ—â—â—ch is may take order as well for the punishment of the Mother and Reputed Father of a Bastard Child as also for the Relief of the Parish where it is born by charging the Mother and Father with the payment of mony weekly towards the keeping of it or otherwise And if the Mother or Father perform not the Justices order therein they are to suffer Imprisonment without Bayl except he or she give Security to perform or else to appear at the next Sessions and abide the order of the Justices there if any be made there and if none be made then to stand to the first order Dalt J. P. Ch. 11. fo 37. 38. 18. Eliz. Ch. 3. 62. Note That this Order may be made by any two Justices of the County Quor unus as it is held by some but most properly by the two next Justices and the question must be about such a Bastard Child as is like to be a charge to the Parish and the Security must be given to the Parish where the Child is born to secure the Parish from the charge of the Child or to keep the Child it must be a Parish within the County where the two 〈◊〉 have power and the Order must be certain how long the Reputed Father must keep the Child secure the Parish c. and it must be made against the person that is suspected to have gotten the Bastard Child and not against another person to contribute towards it because it was gotten in his house c. and the Order must express the Child by the name of a Bastard Child and not the reputed Child of such an one and the Justices for the better discovery of the matter may upon Oath examine the Mother herself concerning the Reputed Father the time c. Dalt J. P. Ch. 11. fo 37. 18. Eliz. Ch. 3. 7. Jac. Ch. 4. See Steel's Rep. fo 154 245 246 247 388. and see Pridgeon's case Hil. 9. Car. 1. B. R. and Slater's case Pasch 13. Car. 1. B. R. Cro. Rep. 1. Part. 63. Where the Putative Father or Mother of a Bastard Child shall run out of a Parish or County and leave their Children upon the charge of the Parish having Estates sufficient to discharge the Parish there the Church-wardens and Overseers of the Poor of the place where the Child is born may seiz so many of the Goods and Chattels or Rents of his other Lands
any Vestry within any Parish in the Cities of London and Westminister Borough of Southwark and Weekly Bills of Mortality and in all other Cities Boroughs and Towns Corporate where Select Vestries are used in the Kingdom of England are within one month after their Election before the respective Archbishop Bishop or Ordinary Vicar General or Chancellour of the Diocess to make and subscribe as followeth I A. B. do declare that it is not lawful upon any pretence whatsoever to take up Arms against his Majesty And that I do abhor that traiterous Position of taking Arms by his Majesties Authority against his person or against those that are Commissionated by him And that I will conform to the Liturgie of the Church of England as it is now established And I do declare that I hold there lies no obligation on me or on any other person from the Oath commonly called The Solemn League and Covenant to endeavour any change or alteration of Government either in Church or State And that the same was in it self an unlawful Oath and imposed upon the Subjects of this Realm against the known Laws and Liberties of this Kingdom 15. Car. 2. Ch. 5. 8. He that refuses this Subscription within the time aforesaid is ipso facto deprived of such his place of Vestryman and a new one to be chosen and if such new one refuse also or if such person who shall have right of Election shall not proceed to Election within one Month after such vacancy then the respective Archbishop Bishop or Ordinary of the Diocess may under his Hand and Seal elect and nominate a discreet person of the respective Parish who after Subscription within the time aforesaid is to stand 15. Car. 2. Ch. 5. This Act is to continue till the end of the first Session of the next Parliament CHAP. II. The Churchwardens Office about Profanation of the Sabbath and of the Church 9. THese Officers are diligently to see that all the Parishioners duly resort to their Parish Church upon all Sundays and Holydays and there continue the whole time of Divine Service and none to walk or stand idle or talking in the Church Church-Yard or Church-Porch during that time and all such as shall be found slack or negligent in resorting to the Church having no great or urgent cause of absence they shall earnestly call upon them and after due admonition if the amend not they must present their Names to the Ordinary of the place 5. 6. E. 6. Ch. 1. Canon 19. 90. 111. 10. If the Churchwardens find any person absent from the Church upon Sundays or Holydays in the time of Divine Service Preaching or other holy Exercise such person is to pay 12 d. to the use of the Poor and this extends as well to all Women Covert as to other persons or the Churchwardens if they please may present such person in the Ecclesiastical Court But note that none are to be punished twice for one offence so that they must not pay their twelve pence and be presented too 1. El. Ch. 1. Hobbart's Rep. fo 97. 11. And if they find any Tipling in an Inn or Alehouse c. then besides the twelve pence for being absent from the Church as aforesaid they forfeit three shillings four pence more for Tipling and the Master of the House ten shillings for suffering them to Tipple which forfeitures are to go to the use of the Poor 4. Jac. Ch. 5. 12. The Churchwardens or Questmen are to suffer no Plays Feasts Banquets Suppers Church Ales Drinkings Temporal Courts or Leets Lay Juries Musters or any other profane usage to be kept in the Church Chappel or Churchyard neither the Bells to be rung superstitioufly upon Holydays or Eves abrogated by the Book of Common Prayer nor at any other times without good cause to be allowed by their Minister of the place and by themselves Canon 88. 13. Neither the Minister Church-wardens nor any other Officers of the Church shall suffer any man to preach within their Churches or Chappels but such as by fhewing their Licence to preach shall appear unto them to be sufficiently Authorized thereunto And the Churchwardens or Questmen are also to see that in every meeting of the Congregation the Peace be well kept and that all persons excommunicated and so denounced be kept out of the Church Canon 50. 85. CHAP. III. Some few Cases concerning Actions for and against Churchwardens 14. NOte that the Law doth make of these Officers a kind of a Corporation viz. Persons enabled by that name to take moveable Goods or Chattels and to sue and to be sued at Law concerning such Goods for the use and profit of their Parish for the property of the Goods of the Church is in them and they are by that Name enabled to take them for the use and profit of the Parish and therefore a man may well in his lifetime or by his last Will give or grant Mony or other moveable Goods to the Churchwardens or Parishioners of such a Parish for the Reparations of the Church or for buying of Books Communion Cups Linnen Cloths or other decent Ornaments or furniture for the Church 12. H. 7. fo 27. Finch's Law Lib. 2. Ch. 17. pag. 178. Kitchin pag. 278. a. 15. But they cannot take an Estate of Lands to them by Name of Churchwardens only for if a Feoffment be made to the use of the Churchwardens of D. this is avoid use for they have no capacity to take such Purchase Finch Lib. 2. Ch. 17. pag. 179. Rolls Cases 1. Part. fo 393. 16. Neither can they prescribe to have Lands to them and their Successors for they are no Corporation to have Lands but for Goods for the Church only P. 37. El. C. B. Longley Meredines Case Rolls Cases 1 Part. fol. 393. 17. If a Man buy a Bell and hang it up in the Steeple or make a Pew and set it up in the Church though he make neither words nor writing hereof yet by this the Bell and Pew are so dedicated to the Church that the party that did owe them can never have them again for if they should come to remove them the Churchwardens might sue them for it 8. H. 7. 12. 10. H. 4. fol. 9. Kitchin pag. 277. a. 18. They can have no action at Common Law to recover any Goods of which they never had the possession But if the Churchwardens be once possessed of any Goods or Ornaments belonging to the Church and afterwards the same things are taken from them then they have the same remedy for the things as other men have for the goods taken from them And therefore if such Goods be stoln they may have an Appeal of Robery and if they be otherwise taken away or abused as if a Bell be broken or the like the Churchwardens may have an Action against him that doth it and in this Action they recover Damages to the use of the Parish and not to their own use Tr. 8. E. 4.
fo 6. b. 37. H. 6. 32. Finch Lib. 2. Ch. 17. pag. 178 179. Abr. Dass fol. 76. Kitchin pag. 277. b. 278. a. 19. And it seems also that the party that doth steal or take away any Goods belonging to the Church may be punished for it as for a sacrilegious offence And observe that if the Churchwardens from whom the Goods were taken be out of their Office their Successors as it seems may sue for or recover the same or damages for them to the use of the Parish Vide M. 31. 32. El. B. R. Hadman Kingwoods Case Cro. Rep. 3. Part. 20. But note That the Churchwardens have no such property in the Goods of their Church as thereby to have power to give sell release hurt or impair them without the assent of the Side-men or Vestry Vide 38. El. Methold Winnes Case Rolls Cases 1 Part. fo 393. and see Hil. 7. Jac. B. R. in Starkie Bartons Case Cro. Rep. 2. Part. vide 13. H. 7. 9. 21. If the Churchwardens shall give or impair the Goods in their custody the Parishioners may choose new ones who may have an Account against their Predecessours 8. E. 4. fo 6. b. Finch Lib. 2. Ch. 17. pag. 179. 22. If the Organs be taken out of the Church the Churchwardens may have an Action of Trespass for the same for the Organs belong to the Parishioners and not to the Parson and therefore the Parson cannot sue such party in the Ecclesiastical Court that took them Tr. 12. Jac. B. R. per Curiam Rolls Cases 1. Part. fo 393. 23. But if the Walls Windows or Doors of the Church be broken down or the Trees in the Churchyard be cut down or the Grass thereof be eaten up the Parson or Vicar and not the Churchwardens shall have an Action for it for they are a Corporation only as to moveable Goods and see 8. H. 6. fo 9. where the Parson brought an Action of Trespass for breaking and entring into his house and close which was the Church and the Churyard 10. H. 4. fo 9. 21. H. 7. fo 21. Parson's Law pag. 191. 24. The Churchwardens by the assent and agreement of the Parishioners may take a ruinous Bell and deliver it to a Bell-founder and agree with him that he shall have four pounds for casting it and that he shall retain the same till the four pounds be paid and such Agreement of the Parishioners shall excuse the Churchwardens in a Writ of Account brought against them by their Successors Churchwardens M. 37 38. El. B. R. Methold Winnes Case Rolls Cases 1. Part. fo 393. 25. If a Presentment be made by the Churchwardens in the Ecclesiastical Court That J. S. one of the Parishioners is a Railer and a Sower of Discord amongst his Neighbours a Prohibition lies in such case for this belongs to the Leet and not to the Spiritual Court unless such Railing were in the Church or such like place M. 16. Jac. C. B. Rot. 716. Smith Pannel's Case Hobarts Rep. fo 246. Rolls Cases 2. Part. fo 286. 26. If the Churchwardens of a Church sue in the Ecclesiastical Court for a way to the Church which they claim to belong to all the Parishioners by Prescription in such case a Prohibition will be granted for this is a temporal cause P. 16. Jac. B. R. between the Churchwardens of Bythorn Bow Rolls Cases 2. Part. fo 287. 27. If the Churchwardens of C. sue in the Ecclesiastical Court J. S. for that he and all those whose Estate he hath in such an House c. at the perambulation of the Parishioners of the Parish did use to find a refreshing for them to wit Bread and Ale and suffer them to rest there here a Prohibition shall be granted for that they claim it in nature of a Corrody and if that should be suffered a great inconvenience would ensue M. 13. Jac. B. R. The Churchwardens of Vffington's case in Barkshire Hil. 15. Car. â— B. R. The like Prohibition prayed in one Lock 's case which was referred to Justice Jones Rolls Cases 2. Part. fo 287. The like Prohibition granted in one Reynold's Case Mores Rep. fo 28. If the Churchwardens of a Church sue in the Court Christian J. S. supposing by their Libel that he and all those who had an Estate in certain Lands adjoyning to the Churchyard have used time out of mind to repair so much of the Fences of the Churchyard which were next adjoyning to the said Land in this Case a Prohibition will be granted for this ought to be tryed at the common Law in so much as that it doth charge a Temporal Inheritance M. 14. Car. 1. B. R. the Churchwardens of Claydon and Duncombe's Case Rolls Cases 2. Part. fo 287. CHAP. IV. The Churchwardens Office about disposing of Seats in their Church 29. THese Officers are to look to the repair of the Seats in the Church but the disposing of the Seats in the body of the Church belongs of common Right to the Ordinary of the Diocess so that he may place and displace whom he pleaseth except in some cases Rolls Cases 2. Part. fo 288. 30. For if a Man and his Ancestors and all those whose Estate he hath in a certain Messuage have used time out of mind c. to repair an Isle of the Church and to sit there and none else the Ordinary in such case cannot displace him for if he do a Prohibition lies because he hath it by a Prescription for a reasonable consideration M. 10. Jac. C. B. Pimme's case per Curiam Rolls Cases 2. Part. fo 288. 31. If a man prescribe that he and his Ancestors and all those whose Estate they had in a certain Messuage did use to sit in a certain Seat in the body of the Church time without mind c. in consideration that he and they c. have used time out of mind to repair the said Seat if the Ordinary remove him from such Seat a Prohibition may be brought for the Ordinary hath no power to dispose of it for it is a good Prescription and by intendment there hath been a good consideration for the commencement of such Prescription Tr. 12. Jac. C. B. Crosses case M. 13. Jac. C. B. Laugh Hussyes case M. 13. Jac. C. B. Boothby Dayes case Rolls Cases 2. Part. fo 288. 32. But if a man prescribe to have a Seat in the body of the Church generally without consideration to repair the same then the Ordinary in such case may displace him M. 11. Jac. B. R. per Curiam M. 13. Jac. C. B. inter Bootby Bayly Hobart's Rep. fo 69. Rolls Cases 2. Part. fo 288. 33. The Ordinary hath nothing to do with the Seats in the Chappels belonging to the houses of Noblemen Tr. 12. Jac. C. B. Rolls Cases 2. Part. fo 288. 34. But if a Layman by the dissolution of Monasteries hath a Monastery in which there is a Church parcel of it and
the Ornament of the Church M. 2. Car. 1. B. R. Rolls Cases 2. Part. fo 291. 47. Note That a man ought to be rated according to his personal Estate and not according to his Lands for the Ornaments of the Church M. 20. Jac. B. R. Rolls Cases 2. Part. fo 291. 48. These things hereafter mentioned are accounted Church Reparations viz. the Walls of the Church and Church Steeple the Churchyard Walls of Stone or Brick the Windows of Stone or Brick and the Barrs of Iron and Glass the Roof of Timber with Laths Nails Prigs Dogs and Bolts of Iron the covering of Lead Tile Slates or Shingles the Floor with Stone or paving Tile the Doors of Timber with Locks Keys Ridges Hooks and Nails the furniture of the Steeple with Stairs Floors Bells Wheels and Ropes the Pulpit and the Pews or Seats not made by private men and all these are to be performed by Land Rate c. though the occupier lives in another Parish as afore-shewed 49. But these hereafter mentioned are not properly Church Reparations viz. the Communion Table with the Coverings thereof the Communion Cups the Bread and Wine for the Communicants the Bible and other Books appointed to be in Churches the washing of the Communion cloths the Candles for the Lecture days the Surplace the Pulpit Cloth and Cushion the Clerk and Sextons wages and expences of the Churchwardens and Sidemen at the Visitation and therefore all these are to be performed Ratably by the Inhabitants of the Parish and not by out dwellers CHAP. VI. Some Cases wherein the Churchwardens are equally concerned with the Constables and Overseers of the Poor 50. IF any of their own authority shall wilfully disturb any Minister in his Preaching or Reading of Divine Service the Churchwardens or Constables may of their own Authority apprehend such persons and bring them to a Justice of Peace to be dealt with according to Law 1. Mar. Ch. 6. See The Constables Guide Chap. Disturbing of Ministers c. 51. These Officers are to joyn with the Overseers of the Poor in the execution of their Office for they have an equal Authority and charge with them in the execution of the whole Office therefore see afterwards in the Office of Overseers of the Poor Ch. 1. 52. If a Rogue be brought to these Officers they must receive him and look to him or forfeit 5 pound and be bound to the good behaviour Stat. 39. El. See Constables Guide Chap. Rogues c. 53. These Officers by Warrant from a Justice of Peace may levy the forfeiture for Cursing and Swearing which is twelve pence upon the Offenders Goods 21. Jac. Ch. 20. 3. Car. 1. Ch. 4. See Constables Guide Ch. Swearing c. 54. If any forfeiture be by any offence about killing Hares Pheasants or Partridges and the Justice of Peace force the payment thereof to these Officers they are to see it imployed to the use of the Poor of the Parish 1. Jac. Ch. 27. 55. These Officers are to present the Offences against the 1. Jac. for suffering Tipling and Drunkenness and selling by unlawful measure and are to execute the Warrants from the Justices concerning the same 1. Jac. Ch. 9. 1. Car. 1. Ch. 4. 21. Jac. Ch. 7. 4. Jac. Chap. 5. See Constables Guide Ch. Alehouses c. 56 These Officers also are to execute the Warrants against such as profane the Lords Day by Sports c. 3. Car. 1. Ch. 1. Ch. 22. See Constables Guide Ch. Profanation of the Sabbath 57. These Officers also are to execute the Warrants against such as destroy Fish unlawfully 3. Jac. Chap. 12. See Constables Guide Ch. Fish c. 58. These Officers are also to joyn with the Constables in the making of Rates for the Relief of poor maimed Souldiers and Mariners and for conveying Prisoners to the Gaol and to execute the Warrants for the same 43. El. 14. El. Ch. 5. 3. Jac. Ch. 10. See Constables Guide Chap. Quarter Moneys Chap. Conveying Prisoners to the Gaol 59. These Officers are also to joyn with the Constables in the choosing of Surveyors for the High-ways and in the setting down of days for the work and in the over-sight of the High Constables Account for the Monies they do receive upon any forfeiture about the High-ways and they may also with the help of two Justices of the Peace Quor unus force High Constables that have received any monies forfeited for default of High-ways to account for it and pay in what is in their hands to be imployed about the High-ways and these Officers also are to execute the Justices Warrants for all such penalties about cleansing the streets and repairing High-ways as are forfeited by the 14. Car. 2. Ch. 2. vide 2. 3. P. M. Chap. 8. See Constables Guide Ch. High-ways 60. These Officers have equal Authority with the Constables or Overseers of the Poor about the seizing of forein Cattel imported into England c. 18. Car. 2. Ch. 2. See Constables Guide Ch. Irish Cattel 61. These Officers together with the Overseers of the Poor are to execute the Justices Warrant for levying the penalty of five pound upon the parties Goods that is not buried in Woollen which penalty is to be imployed to the use of the Poor of the Parish where such party is buried 18. Car. 2. Ch. 4. 62. These Officers in the several Parishes within the Cities of London and Borough of Southwark c. upon every Tuesday or Wednesday in Easter week together with the Constables Overseers of the Poor and Surveyors of the High-ways of every Parish respectively or the greater number of them giving notice unto or calling together such other Inhabitants of their respective Parishes as have formerly born the like Offices they or the greater number of them are to make choyce of and shall nominate and appoint two or more able persons that are Tradesmen of their Parish to be Scavengers for the Streets Lanes and other open passages of each Ward or Division within the said Parish for the year then next following and until others be chosen and setled in their places 14. Car. 2. Ch. 2 CHAP. VII The Churchwardens Office about Passing Accounts together with the Heads of most of the things which they are to present at the Visitation Court 63. ALl Churchwardens at the end of their year or within a moneth after at the most are before the Minister and Parishioners to give up a Just Account of such Monies as they have received and also what particularly they have bestowed in Reparations or otherwise for the use of the Church And last of all going out of their Office they must truly deliver up to the Parishioners whatsoever Monies or other things of Right belonging unto the Church or Parish which remains in their hands that it may be delivered over by them to the next Churchwardens by Bill Indented Vide Canon 89. 64. And if they refuse to do this they may be presented at the next Visitation Court
9. The owner of Lands if he be not the occupier thereof ought not to be charged towards the repair of the common High-ways but the Tenant who occupies the Lands is to be charged Hil. 11. Car. 1. B. R. in one Foster's case per Curiam Rolls Cases 1. Part. fo 390. CHAP. II. The Duty of the Surveyors about Setting and Calling the Parishioners to the Common days works for the High-ways and about taking and digging for Gravel Chalk Sand c. 10. THese Officers are to see that the Parishioners do their work on the days appointed and that according to these Rules following viz. every person having in his own Occupation a Plough Land in Tillage or in Pasture in the same Parish or keeping there a Plough or Draught shall find and send on every day to the place appointed by the Surveyors one Wayn or Cart provided after the fashion of the Country with Oxen c. fit for the carriage and with necessary Tools fit for the work and with two able men who are there to do such work with their Wayns c. as they shall be appointed by the Surveyors by the space of eight hours every of the said six days on pain of 10 s. every day default is made 2 3. P. M. Ch. 8. Rastall 199. Lamb. 459. Wingate's Abr. Stat. Tit. High-ways Dalt J. P. Ch. 26. fo 68. 11. And every other Housholder Cottager and Labourer of the Parish Town c. able to labour and being no hired Servant by the year must by himself or some other able man be then and there ready to work every of the said six days by the space of eight hours as aforesaid where they shall be appointed by the Surveyors under pain to forfeit 12 d. for every day they make Default 2. 3. P. M. Ch. 8. 12. Note That all persons being chargeable but as Cottagers by the 2. 3. P. M. yet if they be in Subsidy 5 l. in Goods or 40 shillings in Lands or above they must find two able men to work every of the said six days 18. El. Ch. 9. Wingate's Abr. Stat. Tit. High-ways Dalt J. P. Ch. 26. fo 68. 12. If any of the Carriages shall not be thought needful by the said Surveyors upon any of the said days they may appoint in stead of a Team two able men to work as aforesaid who shall not fail in pain that the party that should send them shall forfeit 12 pence for every day that either of them makes Default Wingate's Abr. Stat. Tit. 〈◊〉 2. 3. P. M. Ch. 8. Dalt J. P. Ch. 26. 〈◊〉 13. He that shall occupy a Plowland in Tillage or Pasture lying in several Parishes shall be chargeable only in the Parish where he dwelleth and he that occupieth several Plowlands in several Parishes shall be charged in each Town or Parish where such Land lyeth to wit to find in each Town or Parish one Cart furnished as aforesaid though he be no Inhabitant there 18. El. Ch. 9. Dalt J. P. Ch. 26. fo 68. 14. Now for the further opening of these things note that it is said that a Plow Land is not of any certain content but ordinarily it is so much as one Plough may plow in one year which in some Countries is more and in some less according to the heaviness of the Soil Co. 9. Rep. fo 124. Co. on Lit. fo 69. vide Lamb. verb. Hide 35. H. 6. fo 29. 15. And note That a Plow Land or Carve of Land may contain House Meadow Pasture and Wood And if one have so much of this as will keep a Plough and yield Tillage for it if part of it were eared in this case it seems he is to send his Plough vide Co. 4. Lib. Rep. fo 37. b. 9. Rep. fo 124. 16. He that hath a Plough Land and no Plough but doth suffer his Land to lie fresh yet he is to find a Plough for this work and so it hath been agreed by the Judges Mich. 21. Jac. Dalt J. P. Ch. 26. fo 72. 17. He that keepeth a Plough or Draught for carriage although he occupieth little or no Land but carrieth or plougheth for other men yet it seems he is to send his Cart to the High-ways and if a Man keep only two Horses and a Cart for his own business in this case it seems he is to come with his Cart and two Horses with a man to manage them Vide Dalt J. P. Ch. 26. fo 72. 18. It is held by some that so many Ploughs or Draughts men have and use frequently about their own business in Summer so many they are to bring with them to the High-ways so that if a man have one Plough and five or six Horses and shall plough seven or eight score Acres of Land and shall usually go in the Summer time with two Carts or Draughts in this case it seems he is to come with two Carts or Draughts to this Service And he that occupieth 40 or 50 Acres of Land and keepeth only three Horses and one Draught or Cart he is to come with one Draught or Cart. vide Dalt J. P. Ch. 26. fo 72. 19. Note That an Indictment by the Common Law may be brought against any Parish for not repairing their High-ways and so they are bound to make them good at their peril and if Six days will not serve the Surveyors may appoint more and charge all persons within their limits who are chargeable by Law to come to the work and if he who is to send a Team neglect he forfeits 10 s. and the labourer that neglects to come forfeits 18 d. for every day but then by 14. Car. 2. Ch. 6. the Surveyors are to pay them for their work for all the days above six days according to the Rates of the Country and if they cannot agree the next Justice of Peace living out of the Parish is to determine the business between them 14. Car. 2. Ch. 6. 20. These Officers may if they see cause for the amendment of the High-ways take and carry away so much of the Rubbish and smallest broken stones already digged of any man's Quarry lying within the same Parish without leave of the owner as they shall think needful or gather the loose Stones lying dispersed in any mans grounds But they may not without Licence dig in any mans Quarry for new Stones nor take the great Stones already digged and if there be no such Rubbish to be found in any mans Quarry within the said Parish then may they enter into any mans several ground within the Parish lying near the place where the ways are decayed and there if they see any hopes of finding materials fit for the Reparation thereof without leave of the owner they may dig for Sand Stones Gravel c. so that it be not in the Houses Gardens Orchards or Meadows of any man for they are not to come there without Licence of the owner and in such place where they may dig
much to be recovered by Distress and Sale of their Goods 15. Car. 2. Ch. 1. CHAP. VI. Several Cases about the Repairs of Bridges with the names of the Statutes which concern particular Bridges 61. WHere a Common Bridge in the Kings High-way is in decay and that it cannot be proved or known who nor what Lands are chargeable to the repairing thereof in this case Four Justices of the Peace whereof one to be of the Quorum within the Shire or Riding wherein such decayed Bridges be and if they be in a City or Town Corporate then four such Justices of Peace there may within the limits of their several Commissions call before them the Constables or two of the most honest Inhabitants of every Town and Parish within the Shire Riding City or Town Corporate wherein such Bridge or any parcel thereof shall happen to be and the Justices upon the appearance of the Constables or other Inhabitants and with their assents may tax every Inhabitant in any such City Town or Parish within their limits to such reasonable sum of mony as by their discretions they shall think convenient aswell for the repairing of such Bridge and also for the making and repairing of the High-ways by the space of 300 Foot next adjoyning to the ends of any such Bridge 22. H. 8. Ch. 5. Dalt J. P. Ch. 13. fo 40. Co. 2. Part. Inst fo 701. 702. 62. But note where the Franchise City or Burrough is a County of it self and hath not four or more Justices of the Peace whereof one or more are of the Quorum in this case no other Justices of the Peace of any Shire or County have any power to meddle there by this Act but such decay must be reformed by the Common Law by such Remedies as they were before the making of this Statute of 22. H. 8. Co. 2. Part. Inst fo 702. 63. And note that this Taxation ought not to be made by the Justices without the consent of the Constables or Inhabitants nor by them without the Justices and this Tax ought to be upon every Inhabitant in particular and not to be set upon the Hundred Parish Town c. for then one or few might be distrained upon for the whole Co. 2. Part. Inst fo 704. 64. After such Taxation made as aforesaid the said Justices of Peace shall cause the Names and Sums of every particular person so by them Taxed to be written in a Roll indented in Parchment for every Hundred and sealed with their Seals Co. 2. Part. Inst fo 704. Dalt J. P. Ch. 13. fo 40. 65. And the said Justices may make two Collectors of every Hundred for the Collecting of all such Sums of Mony by the said Justices set and taxed which Collectors receiving the one part of the Roll indented have power thereby to collect all the Sums of Mony therein contained and if refusal be made upon demand then to distrain and sell such distress rendring the overplus to the owner if any be Dalt J. P. Ch. 13. fo 40. 22. H. 8. Ch. 5. Co. 2. Part. Inst fo 705. 66. The said Justices also are to appoint two Surveyors who shall see such decayed Bridges and ways repaired and amended from time to time as often as need shall require to whose hands the Collectors must pay the monies by them received Dalt J. P. Ch. 13. fo 40. 22. H. 8. Ch. 5. 67. And the said Collectors and Surveyors and their Executors and Administrators every of them shall from time to time make a true Account to the said Justices of Peace of the Receipts Payments and Expences of the said Sums of Mony and if any of them refuse so to do then the said Justices of Peace from time to time by their discretions may make out process against the said Collectors and Surveyors their Executors and Administrators by Attachment Precept or Warrant under their Hands and Seals returnable at their General Sessions of the Peace and the said Justices may allow such reasonable Costs and Charges to the said Surveyors and Collectors upon their Account as to them shall seem convenient 22. H. 8. Ch. 5. Dalt J. P. Ch. 13. fo 40. 68. If any such Bridge be wholly in a City or other Corporate Town the Inhabitants of the said City or Corporate Town must repair it and where such Bridge lies out of such City or Corporate Town the same must be made by the Inhabitants of the Shire or Riding within which the same Bridge shall be and if part of the Bridge be in one Shire or Riding City or Corporate Town and part in another then every of them shall be charged to make and repair such part as shall lie and be within their own limits 22. H. 8. Ch. 5. Co. 2. Part. Inst fo 702. Dalt J P. Ch. 13. fo 41. 69. Bâ—t otherwise no Village or Freeman shall be compelled to make any Bâ—idge but such as of old time and by Right they were wont to make Magna Charta Ch. 15. 70. By the Common Law some persons were bound to repair Bridges Ratione tenurae suae Terrarum c. and this was binding into whose hands soever the Estate did come but they which have Lands on the one side or on the other or on both are not bound in Common Right to repair the same 44. E. 3. 31. 21. E. 4. 46 5. H. 7. 3. Crompt 186. 8. H. 7. 5. b. Co. 2. Part. Inst fo 700. 71. If a man which holdeth 100 Acres of Land ought to repair a Bridge by tenure of the same do alâ—en 20 Acres thereof to one man and 10 Acres to another man in such case every owner or occupier of such lands must be charged proportionably for their said Lands Regist 268. a. F. N. B. 235. B. Co. 2. Part. Inst fo 700. 72. Again some by the Common Law were bound by Prescription to repair a Bridge but herein their is a diversity between Bodies Politick or Corporate Spiritual or Temporal and Natural persons For Bodies Politick c. may be bound by usage and prescription only because they are local and have a perpetual incession and never die but a Natural person cannot be bound by the Act of his Ancestor without Assets or some profit to be taken therefore 21. E 4. fo â—8 b. â—7 Ass 8. Crompt 187 Co. 2. Part. fo 700 Dalt J. P. Ch. 13. fo 41 7â— B Common Right Bridges are to be amenâ—ed by the whole County if it be not known who ought to do the same otherwise Pasch 10. E. 3. 28 29. Co. 2. Part. Inst fo 701. Crompt 186. b. â—r 10. Car 1. the case of Longford Brâ—â—ge Rolls Cases 1. Part. fo 368. Cro. Râ—p 3. Part the same Case 74. It a man Eâ—ect a Mâ—â—l for his own particular profit and cut a new course for the waâ—er to come to it and makes a new Bridge over the same and the Kings Subjects use to ride over the same as over a common