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A49831 The office and dutie of constables, churchwardens and other the overseers of the poore together with the office and dutie of the surveyours of the high-wayes / collected for the help and benefit of such as are ignorant and unskilfull in the discharge and execution of the said offices. Layer, John, 1585?-1641. 1641 (1641) Wing L746; ESTC R34961 46,963 177

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persons who are to make the rates 2. The circumstances observable in the making of them 3. The persons and estates that are chargeable to them First the persons that are to make them are the Churchwardens and other the Overseers of the poore or the greater part of them with the consent of the Justices c. particularly appointed and assigned by the said statute to raise rates for the purpose aforesaid and doubtlesse warrantably may do the same without the assistance and allowance of the other parishioners yet for the avoiding of all exception these officers shall do well to give publick notice to all or so many of the said parishioners as will assemble to be present at the making of them 2. The circumstances to be observed in the making of rates these rules may be considered First that they be competent and proportionable competent in regard of the ability of the parish and of the occasion for which they are raised proportionable in regard of the persons and estates that are to contribute unto them Experience hath found it the best surest and most quiet way of rating of land by the quantity or content of acres and not by the yearly rent value or quality thereof to wit arable to be rated with arable pasture with pasture meadow with meadow in the same town having respect to the quality of the two last in rating them double with the arable or more or lesse according to the condition thereof Dwelling-houses are not to be rated which serve onely to sleep in and in Countrey towns and villages yield little or no rent at all but serve onely for helps and adjument for the better maintenance and disposing of lands belonging to them He that occupieth in his own hands lands lying in severall parishes is chargeable in every parish proportionably for his land there The farmer shall be rated for the land he occupieth and not the leasour or landlord A man shall not be rated for his farm-farm-rents for that the farmer or occupier of the land is charged for the same land whether the rate be made by land or stock By goods in most cases a man may be rated as well as by land but seldome by both unlesse for the poore N. Resol 18. for which the land is to be taxed in the first place equally and indifferently with an addition for the visible ability of the party according to good discretion but the common custome is that he that hath both lands and goods is charged onely by the best of them In the same rate one man may be rated by his land and another by his goods Where a man is taxed by his goods it seemeth reasonable that such goods be rated after the valuation of lands to be purchased sc one hundred pounds in stock or goods after five or six pound a year in lands Where a man is charged by goods they must be such as the party charged is certainly known to have within that town at the time of the rate-making The third and last thing observable in the making of rates are the persons and estates that are liable unto them All manner of persons as well spirituall as temporall All perso and estate liable to these rates 43. Elis cap. 2. of what estate quality condition or degree they be of are hereby chargeable unlesse these officers as in good discretion they ought spare the poore labourer cottager and hired that have no considerable personall estate All estates lands and possessions whatsoever seem chargeable to these rates which yield a clear and certain profit † N. Resol 14. as well the not guildable as the guildable yea although the same be not annuall as † Old Resol 19. under-woods c. sheep-walks mills dove-houses c. are in like manner chargeable but herein consideration is to be had of the casualties charges and disprofits issuing out of them Parsonages or tithes are charged by the statute to contribute to these rates Parsonages hovv chargeable and where they have the full tenth of the annuall profits arising out of the parish there to pay the tenth and so proportionably as they receive profit in that respect paying also for their glebe-land ratably by the acre as other men pay for theirs If a parishioner Bringers in of forreiners c. shall bring into the parish without the consent of the parish a stranger of another parish which is or apparantly is like to be burdensome to the parish such person may be taxed to the charge of the rates for the poore there not onely having respect to his ability or land he occupieth but according to the damage or danger he bringeth to the parish by his folly Secondly in the levying of rates these things may be observed Levying of rates 1. Distr Saac 51. H. 3 28. Ed. 1. c. 12. What goods properly by the law are to be distrained 2. Where and how long a distresse may be kept and detained 3. How and in what manner the same shall be apprised and sold No man shall be distrained by his beasts which till his land nor by his sheep What goods are distrainable neither a Tradesman by his tools wherewith he getteth his living c. so long as any other sufficient distresse may be had except it be impounding of beasts which a man finds damage fesant according to the custome of the Realm Distresse shall be reasonable 51. H. 3. cap. 1 4.52 H. 3. c. 1.2 3.28 Ed. 1. c. 12. Distresses shall be reasonable according to the quantity of the debt or damage and not grievous and he that taketh unreasonable and excessive distresses shall be amerced No distresse shall be driven out of the County where it was taken Where distresse shall be impounded 51. Hen. 3. c. 52. Hen. 3. cap. 4.3 Ed. 1. cap. 16.9 Ed. 2. cap. 9. nor out of the hundred rape wapentake or lath except it be to a pound overt within the same shire being not above three miles distant from the place where it was taken 1. 2. Phil. Mar. cap. 12. none shall impound in severall places goods distreined for any cause at one time nor shall take above foure pence for the impounding of any one whole distresse nor shall distrein out of their fee or in the Kings high-way or common street but the Kings officers onely having speciall authority so to do nor in the fees of the Church nor shall take wrongfull distresse or without authority Distr Scac. 52. H. 3. The owner without disturbance or paying any thing therefore may give his beasts meat of his own while they remain in a pound overt If a distresse be taken of any houshold-stuff or the like that may take hurt in a pound overt these officers may keep and detain the same in their own hands till satisfaction made By the ancient law Distr Scac. 52 H. 3. How long distresse may be kept no cattel nor
to forbear to receive or keep any obstinately refusing to come to Church Of the 3. of King Ja. c. 4. Popish Rocusants of presenting the monethly absence from Church of Popish Recusants their penalty and reward The 23. Destruction of game Elis c. 10. and 1. Jac. c. 17. of levying the forfeitures to the use of the poore for destroying of the game of Phesants Partridge Prisoners c. The 3. of K. Jam. c. 10. of raising money for conveying prisoners to the gaol The Office and Duty of Surveyers for the amending of High-wayes Surveyers shall be chosen 2. 3. Phil. Mar. cap. 8.5 Elis cap. 13.29 Elis cap. 5. THe Constables and Churchwardens of every parish shall yearly upon the Tuesday or Wednesday in Easter week call together a number of the parishioners and then shall chuse two honest persons of the parish to be Surveyers for one year of the works for the amendment of the high-wayes in their parish leading to any market town and shall then also name and appoint six dayes for the amending of the said wayes before the feast of Saint John Baptist then next following and shall openly in the Church the next Sunday after Easter give knowledge of the same six dayes Six dayes shall be appointed and upon the said dayes the parishioners shall endeavour themselves to the amendment of the said wayes upon pain of such reasonable fines and amercements as shall be thought meet by the Steward of the Leet Penalty for omitting it or in his default by the Justices at their quarter Sessions They shall take upon them the execution of their said office upon pain of every of them making default to forfeit twenty shillings Forfeiture for not executing Their office And the said persons so named have authority hereby to order and direct the persons and carriages that shall be appointed for these works by their discretion Every person for every plow-land in tillage or pasture that he or she shall occupy in the same parish Parishioners hovv charged and every other person keeping there a draught or plow shall find and send at every day and place to be appointed for the amending of the wayes in that parish one wain or cart furnished after the custome of the Countrey with oxen horses or other cattel and all other necessaries meet to carry things convenient for that purpose and also two able men with the same upon pain of every draught making default ten shillings And every other householder cottager or labourer of that parish having no plow or draught able to labour and being no hired servant by the yeare shall by themselves or one sufficient labourer for every of them upon every of the said six dayes work and travel in the amendment of the said High-wayes upon pain of every person making default to forfeit for every day twelve pence Charge of persons taxed in the subsidy at five pound in goods 18. Elis cap. 10. Every person except such as dwell in the City of London that shall be assessed to the payment of any subsidie to his Majesty to five pound goods or fourty shillings in lands or above during the time he shall stand so assessed and not altered and being none of the parties chargeable for the amendment of high-wayes by any former law but as a cottager shall find two able men yearly to labour in the high-wayes at such dayes and time as by the severall statutes are appointed A plow-land in severall Parishes Every person that shall occupie a plow-land in tillage or pasture lying in severall parishes shall be chargeable to the making and mending of the High-wayes within the parish onely where he dwelleth Severall plow-lands in severall Parishes And every person occupying severall plow-lands in severall parishes shall be charged to find one cart c. furnished in each town or parish where the said plow-land doth lye 2. 3. Phil. Mar. cap. 8.18 Elis cap. 10. Instruments to work Every person carriage abovesaid shall have and bring with thē such shovels spades picks mattocks and other tools and instruments as are fit and necessarie for the said work and shall perform do and keep their work as they shall be appointed by the said supervisours What houres they shall vvork or one of them 29. Elis cap. 5. eight houres of every of the said six dayes unlesse they shall be otherwise licenced by the said supervisours or by one of them Tvvo able men in stead of carriages If the carriages of the parish or any of them shall not be thought needfull by the supervisours to be occupied upon any of the said dayes then every person that should have sent any such carriage shall send to the said work for every carriage so spared two able men to labour for that day upon pain to loose for every man not so sent twelve pence Every supervisour c. for the amendment of the said high-wayes according to the Statute within the parish where he is supervisour may 5. Elis cap. 13. take and carry away so much of the rubbish or smallest broken stones of any quarry lying within the parish Rubbish in quarries where they shall be supervisours without licence or impeachment of the owner as by their discretion shall be deemed necessary for the amendment of the said wayes And for default of such quarry or rubbish every such supervisour for the use aforesaid in the severall grounds of any person within the parish and limits where they shall be supervisours nigh adjoyning to the high-way to be repaired and wherein gravel sand or cinder is likely to be found may dig or cause to be digged for gravel Dig gravel sand or cinders Gather stones sand or cinder and likewise to gather stones lying in any ground or lands within the parish and meet to be used to such purpose and to take and carry away so much thereof as by the discretion of the supervisours shall be thought necessary to be imployed in the amendment of the said wayes Not dig in quarries c. But it is not lawfull for them to cause any rubbish to be digged out of any quarry but onely shall extend to such rubbish as shall be found there ready digged c. 5. Elis cap. 13. nor to dig or cause to be digged any gravel sand or cinder in the house garden orchard or meddow of any person May dig in severall grounds nor above one only pit to be digged for gravel in any severall and inclosed ground and the same not to be in breadth or length above ten yards over at the most And the supervisors Fill up the pit which shall cause such pit to be digged for gravel sand or cinder shall within one moneth next after such digging or pit made cause the same to be filled and stopt up with earth at the cost and charges of the parishioners