And therefore if a Woman unmarried be hired Weekly Half-yearly or Yearly in one Parish and there is begotten with Childe and then goeth into another Parish where she is settled in service or otherwise two or three moneths and then she appear to be with Childe and it is like to be charge to the Parish the reputed Father being gone or poor in this case she is to be settled in the Parish where she is not where she was begot with Childe Resolved of the Judges And if such a Servant be got with Childe and then goe or be legally put out of her Masters service the Parish not the Master must be charged with it Resolved of the Judges So if a Servant be with Child when she is retained and for this she is afterwards by a Justice of Peace discharged of the service within the time or she be with Childe and her time be expired and she not able the Parish not the Master shall be charged herewith Resolved of the Judges 4. The Justices of the Peace in their Quarter Sessions if any question be about these things doe settle it according to these Rules 5. Such as doe remove any contrary to these Rules may be fined and if any be sent to any place against these Rules they are to be sent back again to the place from whence they came Stat. 43 Eliz. These Officers must provide houses as well as victuals for their Poor and therefore they may by order of the Quarter Sessions and leave of the Lord of the Mannor first had in writing under his Hand and Seal build any house for the impotent Poor of the Parish in any waste part of the Mannor and they may place more Families than one therein as Inmates without any danger but then this house must not be afterwards converted into any other use for so it may become a Cortage afterwards They are to doe their work by and with Numb 6 the money raised by the Rates also with the money that comes to them by the forfeitures of Delinquents upon the Statutes against Alehouse-keepers and Tiplers sale of Tenters default of Clothâ—ers the Flesh in Lent in a Victualling house for taking Partridges profaning the Sabbath or Gods name and such as offend against the Statute made for the Poor and against Rogues The next main thing wherein the duty Numb 7 of these Officers doth lie is in making of In making of Rates Rates For to this purpose it is provided that the Church-wardens and Over-seers of the poor or the greater part of them with the assent of two Justices of the Peace may raise weekly or otherwise by Taxation of every Inhabitant Parson Vicar and other and of every Occupier of Lands Houses Tythes impropriate or propriation of Tythes Coal-mines or saleable Uunderwoods in the said Parish in such competent sum and sums of money as they shall think fit a convenient stock of Flax Hemp Wool Thread Iron and other necessary Stuff to set the poor on work and also competent sums of money for and towards the necessary relief of the Lame Impotent Old Blind and such other among them being poor and not able to work And also for the putting out of the Children of poor persons to be Apprentices And also for the setting up of houses for the Poor to be gathered out of the same Parish according to the ability of the same Parish and they may doe and execute all other things as well for the disposing of the said Stock or otherwise concerning the premises as to them shall seem convenient For the better understanding of which branch of the Statute of 43. Eliz. and discovery of the Law concerning Rates in general these things must be known 1. That when Officers are to make any Rates they shall doe well the first of all to give publique notice in the Church of the time and place when and where they intend to make the same for this in the case of Church Rates is necessary and then if the Parishioners will meet they may if not the Officers and those that doe meet may make the Rate 2. The Rates must not be extâ—â—ded beyond the Parish neither may the Overseers Rate other Parishes towards the Rates of the Poor of their Parish For in Hill Term. 10. Car. inter Nichols and Walker was this case in the Kings Bench. Totrige was time out of minde within the Parish and parcel of the Parish of Hatfield in the County of Hertford and the Parson of Hatfield had time out of minde had all the Tithes out of Totridge as within the parish of Hatfield and had alwayes placed Curates there to say Divine service in the Chappel of Totridge and that for sixty years before Totridge was reputed a parish of it self and during that time had parochiall Officers and that of late the Over-seers of the poor for the Parish of Hatfield had taxed the Plaintiff Nichols being an Inhabitant of Totridge to pay to the poor of Hatfield which tax was confirmed by the Justice and the money being unpaid the Defendant Walker being an Over-seer by Warrant from the Justices of Peace distrained the Plaintiffs Goods and for this taking of his Goods Nichols brought an Action against Walker and in this case it was adjudged for the Plantif and Resolved by the Judges that Totridge being but a Parish in reputation only should not be liable to the Taxation made by the Overseers of the Poor of Hatfield 3. Every man must be rated for his Land to all Rates according to the quality and yearly value and not according to the quantity thereof And so was the opinion of the Lord Chief Justice and Baron Denham at an Assises at Sarum 8. Car. 4. He that doth occupy Land in his own hands lying in severall Parishes must be charged in every Parish for his Land there only proportionably and no more 5. The Farmer is to be rated for the Lands he hath in Lease not the Lessor 6. The Lord or Lessor shall not be charged for the Rent issuing out of the Land because the Tennant is chargeable for the whole Land 7. If there be some other Lands within the Parish that be ancient Demesn and some that be Guildable it seems they must be all rated and so also of Copyhold Lands 8. Impropriations by the very Letter of the Statute are to be rated to the Poor as well as other Lands And in the rating of them it seems reasonable that where they have the Tenth of the whole Parish they bear the Tenth of the charge of the Rate to the Poor And so hath it been of late Resolved by the Judges 9. Saleable Underwoods by the express Letter of the Statute are rateable and by these are intended generally all Woods for Fire-wood albeit they be not cut in thirty or fourty years as the Beech-wood of many Countries is used to be cut for it seems there is no wood to be exempted from this Rate but Timber-wood onely Also Coal-mines
he onely and not the Land-lord shall be rated and the Tenant is to be rated for the whole value of the Land and therefore the Land-lord is not to be rated again for the Rent he doth receive out of the Land for then the Land would be twice rated And in this case there is a Parishioner and Inhabitant chargable And Receipt of Rent out of a Parish for Land within the Parish by a man that lives in another Parish will not make him a Parishioner But if he have Land in the Parish in his own occupation there he may be rated with this difference he may be rated towards the repire of the Church only For as to the repaire of the Seats of the Church providing of Church Ornaments Sextons wages and the like he shall not be charged therewith Browal 2. part 10. And yet in case where the Land-lord and Tenant both live within the Parish where the Rate is made there the Raters may set the Rate upon which of them they please yet so as they be not both rated for the same thing but a man that doth neither dwell within the Parish nor hath any Land within the Parish cannot be rated at all towards the Church Payments And therefore if a Butcher come thither it being a Market Town to sell Meat and have a fixed Stall there this will not make him a Parishioner nor chargeable to the Church 7. After the Rate is thus made by the Numb 7 Church-wardens and Over-seers of the poor it must be put in writing and the Hands of the Church-wardens and Over-seers of the poor and of the Parishioners that are agreeing to it it will be good to have annexed to it But this is not necessary for a Rate may be good without any Hands subscribed if it be duely made 8. the Rate thus made by them must be confirmed by the two next Justices of Peace 9. If any one refuse to pay them being thus made upon demande the present or subsequent Church-wardens may by Warrant under the Hands and Seals of the two next Justices of Peace levy them and all the arrears thereof and two shillings six pence for the neglect upon the Goods of the party appointed to pay it 10. If any be Over-â—ate grieved with the Rate relief is to be had before the Justices of Peace at their Quarter Sessions Or if the Rate be read by practise and conspiracy to oppress a man as for Alimony or to pay a debt and in cases where the Church-wardens or Over-seers have no Power there perhaps they may make themselves liable to an Action of the Case or Action of Trespass 5. These Officers are to relieve and dispose of the Rents of Lands or Annuities given towards repair of Churches and Church duties according to the intent of the Donor 6. The next thing these Officers by the Numb 8 Common Law are bound to doe is When In delivering over the Church goods and making an Accompt they are going out of their Office they are truly to deliver up to the Parishioners whatsoever Money or other things of right belonging to the Church or Parish they have in their hands and it is the best way to deliver them by Bill indented to the succeeding Church-wardens 7. The last thing these Officers are bound by the Common Law to doe is to give up a true and perfect Accompt of all their Receipts and Disbursements in the time of their Office The which it is best to doe to the succeeding Church-wardens And this if these Officers refuse to doe their succeeding Church-wardens may now compell them to by an Action of Accompt at the Common Law But now by the new Ordinance they are bound within four dayes of their Office ended and new Church-wardens chosen to give an Accompt to their Successors and the two next Justices of Peace and to pay over the Money in their hands to their Successors And refusiing this they are to be committed without Bail till they doe Accompt and pay the Moneys in their hands And by this Writ of Accompt at the Common Law the present Church-wardens may compel their Predecessors to give an Accompt of and to answer for their doings during the time of their Office And if they have done the Parish any wrong to make amends and satisfaction for the same to the use of the Parish for the harm it hath received by their default And in this Accompt the old Officers shall have Allowances allowances for all the needfull sums of Money laid out or spent by them either upon the Reparations of the body of the Church Tower or Bells or for relief of the Prisoners in the Gaol or otherwise where the Law doth enjoyn them to pay or disburse them And now having dispatcht the Duty and Power of these Officers commanded and given to them especially by the ancient Common Law we come to see wherein their Office is enlarged by some Acts of Parliament And this we shall finde to be in these particulars following First We have shewed before how by Numb 9 the late Ordinance of Parliament these Officers In making and levying of Rates and Forfeitures c. may without warrant Ex Officio make and set Rates and that by warrant under the Seals and Hands of two Justices of Peace they may levy the same and the arears therereof and two shillings six pence by distress and sale of Goods And that they may and must also execute the Warrants of the Justices of Peace in levying all the penalties appointed for any offence within that Ordinance of Parliament and also in levying of all such money as shall be remaining in the hands of any of their Predecessors upon their Accompt by distress and sale of Goods Secondly These Officers are to joyn with Numb 10 the Over-seers of the Poor and some others In imployment of money given to charitable uses in the imployment of money given for the binding of Apprentices upon the Statute of 7 Jac. 3. Thirdly Any one of these Officers may Against Prophaners of the Lords day upon sight and knowledge of any offence done against any Law made for the observation of the Lords day dayes of Humiliation or Thanksgiving doe the same execution as Over-seers of the Poor may doe Fourthly these Officers together with Against May-poles the Constable may take down a May-pole And either of these Officers by Warrant from a Justice of Peace must levy the forfeiture appointed to be paid for the setting and keeping up of a May-pole Ord. April 6. 1647. Against Stage-playes Fifthly These Officers alone may levy the forfeiture appointed to be paid by such as are present at Stage-playes And these Officers and the Constables together may levy all the Money Collected of the Comers to it to the use of the Poor Ord. Feb. 11. 1647. Sixthly They must being commanded Against superstitious Reliques by any Justice of Peace take care with the Over-seers of the Poor
himself discharged by a Writ whereof see afterwards 2. The party chosen as he must be a lay person so he must be a lay-man not a lay-woman and therefore a widdow or maid albeit she keep House of her self and dwell in a House whose owner hath been used to serve in this Office is not to be chosen to this Office no more than she is to doe suit to the Leet 3. The party chosen as he must be a man so he must be idoneus homo i. e. a fit man that first for his knowledge that he doth in some good measure understand what he doth and ought to doe And therefore a man that is non compos mentis as an Ideot or mad man an Infant or the like cannot be a fit man 2. He must be fit for his honesty that he may be likely to execute his Office truely without ill affection or partiality and therefore it seems a scandalous liver a malicious and contentious man cannot be a fit man 3. He must be fit for his abilite of Body and Estate And therefore an old weak sick or otherwise impotent man or a poor needy man that lives only by his labour cannot be a fit man It was therefore by speciall direction from the King in An. Dom. 1630. given in charge that the Constables in all parishes should be chosen of the able sort of parishioners and that the Office should not be put upon the poorer sort the which if it were well observed would no doubt much further the execution of Justice through the Nation And if because the common course is every where to put these Offices upon the meaner sort of men the more able sort doe think themselves thereby exempted they are therein much deceived for it is not much to be doubed but that all persons that are bound to doe suit in the Leet are bound to serve in these Offices that are after a sort appendant to the Leet and therefore if any such person be called and chosen thereunto he must and will be compelled to execute the same Howbeit it is deemed an unfit and indiscreet part to elect any to these Offices that in respect of their o her Offices Callings or Professions are presumed to have so much other imployment that they have not leisure to attend upon this so much as is required And hence it is that the Justice of Peace Sheriffs Lawyers Atturnies and such like Persons are seldome or never chosen to these Offices For if any Steward or Jâ—â—y in a Leet should be so indiscreet as to choâ—â—e any such men to these Offices the Justices of Peace upon complaint to them hereof will no doubt be so discreet as to discharge them again and elect others in their place for he cannot be fit for that Office which he hath no leisure to wait and attend upon But otherwise it is not only lawfull but convenient also that these Officers be chosen in all places of the abler sort of men And therefore it hath been of late resolved by the Judges That if a man had made himself one of the Kings servants extraordinary that this would not exempt him from the execution of this office but he must have been made Constable notwithstanding 4. An Infant under the age of twenty one yeers may not of right bee compelled to serve in these offices And yet if such a one be chosen and sworn it seemes he may execute the office as another man may doe And therefore if a young man of the age of twenty yeers or thereabouts especially if he be such a one as hath the growth wisdome and courage of an elder man as sometimes it falleth out be chosen to this office he shall doe well to take it upon him and execute it An old man also aged sixty or thereabouts especially if his strength of body and minde be not much abated may be compelled to serve in these offices 5. If a man live within one Hundred or Tything and have land only within another Hundred or Tything he may not be chosen to serve in this office in the place where his land is for if he have no House upon his Land it seems neither he nor his Tenant is bound to serve in these offices at all in respect of the Landâ— For men are bound to serve in these offices in respect of their Persons and Resiancy and not in respect of their Land But if he have a house upon his land and a Tenant dwelling in it and he be a sufficient man and able to serve the office he may be chosen and made to serve it but not the Land-lord for perhaps he may be chosen to this or some other office in the place where he dwells and a man can doe service with his body but in one place at one time And yet if the Case be so that a man hath two severall Houses in two severall precincts and within severall Leets and he doe live sometimes at the one house and sometimes at the other house in this case he may perhaps be made an Officer at either of the Leets within either of the places if he be there dwelling at the time when the Leet is kept for a man may doe corporall service at two places at severall times But if two Tythings be within one Leet and one man hath houses in both the Tythings in this case it seemeth doubtfull whether albeit he doe live in the one Tything he may not be compelled to serve in this Office for his House in the other Tything especially if the Tythings be neer and he keep no Tenant in his House fit to undergoe the Office when it shall come to his turn wherein as in all other such like cases a due consideration must be had of all circumstances 3. By that which hath been said it may appear then how unreasonable a thing it is that these Offices should follow the Houses or that two or three in a Tything and no more should alwaies execute the same as in some places hath been used and therefore it hath Removing of a Constable been well and wisely altered by the Order of the Justices in some if not in all places 4. If there be a man unfit for any of the causes aforesaid chosen and appointed to this Office in a Leet either by the Stewards nomination or by the Presentment of the Jury or by one Justice of Peace only out of Sessions such a man may be removed and discharged again by Order of the Justices of Peace at their Sessions and another man more fit may be by them then and there elected and sworn in his room that is so removed But if the man elected and made Constable in a Leet be a fit man the Justices of the Peace may not remove him and appoint another And so it hath been agreed by the Judges And yet if the Justices of the Peace shall remove such a man chosen in a Leet that is a fit man it seems
the Goods of the Parish the Parishioners may remove him and choose another although it be before his year be expired Also it seems 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 if these Church-wardens from whom the Goods be taken dye or be out of their Office their successors as some think may sue for and recover them or the damages for them Or if these Church-wardens may not the old Church-wardens may sue for and recover the same And if anything have been used time out of minde to be paid towards the Church and it be now withheld the Church-wardens may sue for the same in a Court of Equity But as touching any Estate of Lands or the profits of any Lands the Church-wardens are not to meddle at all insomuch That if the Walls Windows or Dores of the Church be broken down or the Trees in the Church-yard cut down or the Grass thereof be eaten up the Parson or Vicar nor the Church-wardems shall have an Action for it for they are a Corporation onely as to moveable Goods And therefore they cannot take Estates of Lands to them by name of Church-wardens only in Fee-simple for life or years to the use of the Church And if a Feoffment be made of any Land to others to the use of Parishoners or to the use of the Church-wardens of a Parish this is a voyd use in Law and they shall take nothing by this conveyance 37 H. 6. 30. 11 H. 4. 12. 8 Ed. 4. 6. F. N. B. 91. 11 H. 7. 27. 12 H. 7. 10. F. N. B. 52. 54. 2. These Officers are bound by the very Numb 4 common Law to take care and look to the In making of Reparations Body of the Church and the Tower that the same be sufficiently repaired kept and maintained and that if any of the necessary Ornaments therein appointed for the worship of God he decayed that they be repaired again for there must be alwayes in a readiness all things necessary to the preaching of the Word and Administration of the Sacraments And they are to see that their Bells be in case and fit for use But if the Chancel the which in most if not in all places is to be repaired by the Parson or any Isle in the Church the which any man doth claim by prescription to himself or his house in particulat be in decay the Church-wardens are not bound to repaire this And now by the new Ordinance of Parliament they may raise money not to build a new Church quite down nor to repaire a Cathedral or Collegiate Church but they may raise money to maintain or repaire a Parochiall Church provide Books Bread and Wine for the Sacrament repaire Bread and Wine the â—nclosures of the Church yard or burying place and to all other things that doe belong to their Office And further they must make such reparations as any Justice of Peace shall under his Hand and Seal appoint about any part of the Church 3. These Officers as it seems by the Numb 5 Common Law are to order the Seats in the In disposing of Seats Church and to appoint every man and woman where they shall sit And yet if any man have an Isle or a seat in an Isle or by-place out of the body of the Church unto which he may make a right by prescription as that which time out of minde hath belonged or appertained unto his house in this case neither the Church wardens nor any other can turn him out of it And albeit one may not prescribe to have a Seat in the body of the Church as belonging to his house yet if the case be so that a man hath time out of minde had such a Seat or Seat-place in the body of a Church as appertaining to his house in this case the Church wardens ought not without very good cause to remove him 12 H. 7. 27. 4. These Officers also may by the very Numb 6 Common Law to enable themselves for the In making and levying of Rates execution of their Office in the Particulars aforesaid may set Rates and Taxes upon the Parishioners for the payment of money And as touching this point and to shew how the law is at this day upon the new Ordinance these things are to be known 1. These Officers with the Over-seers of the Poor of the Parish or the greater part of them together must now make these Rates for if they be otherwise made there is no means to recover them 2. These Rates may be made before there be present need as before the Church fall or be in danger of ruine or the like 3. These Officers may by these Rates raise money for the buying of Books providing of Bread and Wine repairing of the Church-yard or Burying place for the Kings Bench and Marshalsey and other Payments And so also as it seems for the repair of the Church the Tower and the Bells 4. For this they may rate In making Rates every Inhabitant and Occupier of Lands Tythes Impropriate Woods or other Hereditaments within the Parish 5. The Church-wardens must give publick notice in the Church when and where the Rate is to be made Howbeit if the Parishioners after such notice given will not come or coming will not agree to the Rate in this case the Church-wardens and Over-seers of the Poor alone or the major part of them may make the Rate But a Rate made now without giving notice thereof before hand to the Parish is not good 6. This Rate must be equall and for this cause It must be upon every Parishioner and not upon some of the Parishioners only and it must be set upon every one of them equally viz. according to the quantity and quality of his Estate and Lands within the Parish wherein they may rate by the Yard Acre or otherwise as they think fit so as it be equall and according to the true value by an equall proportion And if one of another Parish have Lands in the Parish where the Rate is made in his own occupation in this case they may rate him to Church Payments according to the value of his Land And this Albeit there be no house upon it and albeit the Owner and Occupier dwell in another Parish for as to this purpose he shall be called a Parishioner and therefore he may Parishioner if he please come unto and frequent the Church of that Parish as he doth the Church of the Parish wherein he lives And where the Land-lord and Tenant both doe live out of the Parish it seems the Curch-wardens may rate either of them at their Election And yet some hold that in these and such like cases the Rate must be alwayes set upon the Occupier of the Land and not upon the Land-lord And if the Farmer or Occupier of the Land doe live within the Parish where the Rate is made there