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A50846 A mild, but searching expostulatory letter from the poor and plain-dealing farmers of the neighbouring villages to the men of Buckingham to the Right Worshipful the Bailiff, the Worshipful the Burgesses of the ancient, and sometimes famous corporation of Buckingham. 1680 (1680) Wing M2039; ESTC R16570 39,816 71

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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. c. 11. f. 41. 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 Goal and there hanged for Felony in this case the Child shall not be chargeable to the place where the Goal 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 Hi●● 3 Car. 1. The two next Justices Quor unus in ●● next to the Limits where the Parish Church ●● may take order as well for the punishment o● the Mother and reputed Father of a Bastar● Child as also for the Relief of the Parish whe●● it is born by charging the Mother and Fathe● with the payment of Mony weekly toward the keeping of it or otherwise And if the Mother or Father perform not the Justices order therein they are to suffer Imprisonme●● without Bail except he or she give Security ●● 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 ●● stand to the first order Dalt J. P. c. 11. f. ● 18 El. c. 3. Note That this Order may be made by any two Justices of the County Quor unus as it ●● held by some but most properly by the t●● next Justices and the question must be abo●● such a Bastard Child as is like to be a charge to the Parish and the Security must be give● 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 with in the County where the two Justices 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 anothe● Person to contribute towards it because it was gotten in his House c. and the Order mus● express the Child by the Name of a Bastard Child and not the reputed Child of such an ●●e and the Justices for the better discovery of ●he Matter may upon Oath examine the Mo●her her self concerning the reputed Father ●he time c. Dalt J. P. c. 11. fol. 40. 18 Eliz. c. 3. 7 Jac. c. 4. See Steels Rep. fol. 154 245 246 247 388. and see Pridgeons Case Hill 9 Car. 1. B. R. and Slaters Case Pasch 13 Car. 1. B. R. Cro. Rep. 1 part CHAP. V. The Overseers Office in making of Rates and passing Accounts THE Churchwardens and Overseers of the Poor or the greater part of them for ●he 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 Tithes Cole-mines or saleable Underwoods within the Pa●ish Town c. such a Sum as they shall ●hink fit and this Rate they must have allowed and confirmed under the Hands of two Justices Quor unus and then by Warrant from ●hem or any other two Justices Quor unus ●hey 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 ●n default of Distress two such Justices may commit the Party to prison there to remain without Bail till he be discharged by him 43 El. ch 2. Dalt J. P. c. 73. f. 148. Wingates Stat. Tit Poor People Now these Rates ought to be well and tr●l● made according to Mens visible Estates real ●● personal within the place only and not so any Estate elsewhere at Lincoln Assises 9 Can. by Justice Hutton and Crook Note That a Parish in Reputation shall be ● Parish within this Law so that if A. be an ●●cient Parish that hath Officers in it and the●● be a Town within this Parish which for a lo●● time hath been used and reputed as a Par●●● and hath all Parochial Rights as Churchwardens c. here this place may be rated as ● Parish towards the Poor Huttons Rep. fol. 93. ● M. 3 Car. B. R. Hilton Pauls Case Cro. 3 p●● Rep. This Tax must be set upon the Tenants and Occupiers of Lands and nor upon the Land lords Living within or without the Parish f●● the Tenant only is chargeable for the Land B●●strods 1 part Rep. fol. 354. The Parson having a full tenth Part of the Profits of the Place may be rated to a tenth Part Resol Judges 1633. sect 33. He that doth occupy Lands in 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 ●● more but for his personal Estate it seems reasonable he should be charged for it in the place where his Person is All Lands Ancient Demesn Guildable and Copyhold 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 consuetud● tollit Legem 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 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. c. 73. f. 167. 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 discretion 43 El. c. 2. Wingates Abr. Stat. Tit. Poor People 14 Car. 2. c. 12. If any Persons find themselves aggrieved 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. c. 73. f. 160. Wingates Abr. Stat. Tit. Poor People 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
it was at the time of the Inclosure for by so doing he hath straitned the High-way Dalt J. P. c. 50. f. 98. The Constables and Churchwardens of every Parish shall yearly upon Tuesday or Wednesday ●n Easter Week call together a number of the Parishioners and then make choice of two of the Parish to be Surveyors of the High-ways the Year following who shall forthwith take that Office upon them on pain to forfeit twenty shillings a piece 2 3. Ph. Mar. c. 8. The Constables and Churchwardens are then also to appoint six days betwixt that and the ●our and twentieth day of June for the amendnent of the High ways and to give publick notice thereof in the Church the next Sunday after 2 3 P. M. c. 8. 5 El. c. 13. High-ways must be sufficiently amended at the charge of the whole Town And it is not enough for the Inhabitants to do their full six days work yearly except their Ways be all well and sufficiently repaired thereby For if all their said Ways be not sufficiently amended the whole Town may be indicted therefore and if six days work in the year will not serve to amend them the Surveyors may yea must appoint more days Dalt P. J. c. 50. f. 101. The Owner of Lands if he be not the Occupier thereof ought not to be charged towards the repair of the com●on High ways but the Tenant who occupies the Lands is to be charged ●ill 1● Car. 1. Br. in one Fosters Case per Curiam ●●lls Cases 1 part f. 390. All Fines and Forfeitures assessed in the Sessons upon the Statute 5 El. about High-ways must be Estreated by the Clerk of the Peace and must be levled accounted and imployed as is appointed by the 2 3 Ph. Mar. c. 8. 5 El. c. 13. The Surveyors upon Warrant from two Justices of Peace are to levy by distress and sale of Goods the Forfeitures of all such Persons as offend against the 18 El. 10. in not Scowring their Ditches c. and if they neglect by the space of a year after the Offence committed to levy the Forfeiture Then the Justices may send to the Constable and Churchwardens to levy the same 18 El. c. 10. By the Stat. 22 Car. 2. c. 12. All Constables and Surveyors of the High-ways shall put in execution the Statutes for repairing and inlarging High-ways and levy the Penalties thereby imposed And every Constable or Surveyor of the High-ways neglecting so to do or wilfully suffering any Waggons or Carts to pass through his Limits with any more Horses or Cattel or in any other manner than this Act alloweth upon Conviction thereof by one Oath before one Justice or the Justices own view shall pay such Fine not exceeding 40 s. as such Justice shall Assess All Actions brought against any Person for acting by this Law shall be laid in the proper County and Defendants may plead the General Issue and recover treble Costs No travelling Waggon Cart c. in which any Burdens shall be carried except Carts used about Husbandry and carrying Hay Straw Co●● unthrashed Coal Chalk Timber for Shippi●● or Building Stones of all sorts Ammunition o● Artillery for the King shall be drawn or go i● any Road or publick High way with above five Horse-beasts at length and if any draw with more Horses or Oxen he shall draw all two a● breast except one Horse Every Owner of any Waggon Cart c. Horse ●r Beasts shall forfeit for every Offence 40 s. one ●hird part to the Surveyors to amend the Ways ●ne third part to the Overseers for the Poor ●he last third part to him who shall discover ●he Offender The Surveyor where any neglect to come ●●d labour shall complain thereof to the next ●astices who upon Oath of one Witness shall ●●●y for every days labour neglected 18 d. and ●or every Man and Horse 3 s. and for every Cart ●ith two Men 10 s. for each day neglecting ●● Car. 2. c. 12. CHAP. II. ●●e Duty of the Surveyors about Setting and Calling the Parishioners to the common days works for the High-ways and about taking and diging for Gravel Chalk Sand c. THese Officers are to see that the Parishioners do their Work on the days appoint●d and that according to these Rules following ●iz Every Person having in his own Occupa●●on a Plough Land in Tillage or in Pasture in ●●e same Parish or keeping there a Plough or ●raught shall find and send on every day to ●●e place appointed by the Surveyors one ●ain or Cart provided after the Fashion of ●he Country with Oxen c. fit for the Carri●ge and with necessary Tools fit for the Work ●nd with two able Men who are there to do ●●ch Work with their Wains c. as they shall ●e 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 4 P. M. c. 8. Rastall 199. Lamb. 459. Wingates Abr. Stat. Tit. High-ways Dalt J. P. c. 50. f. 102. 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. c. 8. 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 s. in Lands or above they must find two able Men to work every of the said six days 18 El. c. 10. Wingates Abr. Stat Tit. High-ways If any of the Carriages shall not be thought needful by the said Surveyors upon any of the said days they may appoint instead of a Team two able Men to work as aforesaid who shall not fail on pain that the Party that should send them shall forfeit 12 pence for every day that either of them make default Wingates Abr. Stat. Tit. High-ways 2 3 P. M. c. 8. Dalt J. P. c. 50. f. 100. He that shall occupy a Plow land in Tillage or Pasture lying in several Parishes shall be chargeable only in the Parish where he dwelleth and he that occupieth several Plow-lands in several Parishes shall be charged in each Town or Parish where such Land lieth to wit to find in each Town or Parish one Cart furnished as aforesaid though he be no Inhabitant there 10 El. c. 18. Dalt J. P. c. 50. f 99. Now for the further opening of these things note That it is said that a Plow land is not of any certain Contents but ordinarily it is so much as one Plough may Plough in one day which in some Countries is more and in some less according to the heaviness of the Soil Co. 9 Rep. f. 124.