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A56493 A new guide for constables, headboroughs, tythingmen, church-wardens, overseers and collectors for the poor, surveyors for amending the highways and bridges with directions for keepers of fairs and markets, and treasurers for the relief of poor maimed soldiers and mariners : containing not only whatsoever may be useful to them in the execution of their several offices, that is already extant in any book of this kind, but also the heads of all those statutes which do concern any of the said offices that have been since made in the reigns of the late King Charles, King James, and their present Majesties, King William and Queen Mary : being the most compleat of any work of this nature / collected by J.P. Gent. J. P., Gent. 1692 (1692) Wing P60; ESTC R5423 90,373 182

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any remai● thereof 14 Car. 2. c. 12. All these Persons hereafter named are accounted and adjudged Rogues Vagabonds an● sturdy Beggars That is to say All such Persons above the Age of seven years Man o● Woman Sole or Covert that wander from their usual place of Abode abroad every where begging or if they do not beg yet 〈◊〉 they wander and loiter about without a lawfu● Pasport and give no good account for their Travel are accounted Rogues 39 Eliz. c. 4. 17. 43 Eliz. c. 2. 1 Jac. c. 7. 21 Jac. c. 28. 7 Jac. c. 24. 5 Eliz. c. 4. Dalt c. 47. fol. 123 124 125. All Scholars and Seafaring men which beg wandring Persons that use unlawful Games subtil Craft or Plays or pretending themselves to have skill in Physiognomy Palmistry or the like or to be Fortune-tellers or Figure-casters All Proctors Patent-gatherers except for Fire Collectors for Goals Prisoners or Hospitals wandring abroad Fencers Bearwards those are Rogues in Grain common Players of Interludes and Fidlers or Minstrels wandring abroad All Juglers Hocus Pocus and Slight of Hand Artists Tinkers Pedlars and Petty Chapmen and Glass-men wandring abroad especially if they be not well known or have not a sufficient Testimonial all counterfeit Egyptians not being Felons all Persons delivered out of Goals which beg for their Fees or otherwise do travel begging such as go to ●or from the B●ths and do not pursue their License Soldiers and Mariners that beg and counterfeit a Certificate of their Commanders All Labourers which wander abroad out of the Parish and refuse to work for Wages reasonably taxed having no living otherwise to maintain themselves and such as go with a General Pasport which is not directed from Parish to Parish All these are accounted Rogues Vagabonds and sturdy Beggars All Servants that depart out of their Service viz. out of one City Town or Parish to another or out of one Hundred or County to serve in another without a Testimonial or with a false one and such Persons as are sick of the Plague and wilfully go abroad in Company against the command of Officers are to be punished as Vagabonds but none are to be sent to the place of Birth or last Habitation but wandring Rogues Those which beg in their own Parish or in High ways witho●● the appointment of the Overseers are to b● sent to the House of Correction A Wife and Children under seven years 〈◊〉 Age being vagrant must be placed with th● Husband and if the Husband be dead the● with the Wife where she was born or l●● dwelt and vagrant Children above seve●●● years of Age must be sent to the place 〈◊〉 their Birth and if the Vagrant Parents wh●●● their Children under seven years of Age 〈◊〉 placed at the place of Birth of the Parents 〈◊〉 at the place of Dwelling if afterwards th● Parents or either of them die or run away yet the Children once settled must rema●● there still and may not be sent to the place 〈◊〉 their Birth though afterwards they attain t● the Age of seven years 39 Eliz. c 4. Dalt J. P c 47. fol. 135. Resolu Judges sect 4 5. The Wife being but a vagrant Rogue ough● to be sent to her Husband though he be b●● a Servant in another Town or Parish and th● Rogue whose place or dwelling cannot be know● having Wife or Children under seven years 〈◊〉 Age they must go with the Husband to the place where they were last suffered to pass through unpunished where the Children mus● be relieved with the Work of their Parents though their Parents be committed to the House of Correction CHAP. XXXIII The Constables Office about keeping the Sabbath THE Constable by Warrant from a Justice of Peace or the Chief Officer of any ●ity Borough or Town Corporate under ●heir Hand and Seal against such as use unlawful ●ames on the Sabbath-day as Bull-baiting Bear-●aiting Enterludes or other unlawful Exercises ●ithin their own Parish or out of their own Pa●●sh at any such Sports whatsoever may levy the ●enalty of three shillings and four pence by ●istress and Sale of the Offenders Goods ren●ring the overplus to the Owners and in de●ult of Distress the Constable is to set the Of●enders in the Stocks by the space of three hours Note That the Party offending in these Games must be questioned within a month after the Of●ence committed 1 Car. 1. c. 1. Dalt J.P. c. 23. ●ol 63. If any one on the Sabbath-day keep or be ●resent at any Wrestling Shootings Bowlings ●inging of Bells for Pleasure Mask Wake Church Ale Dancing Games Sport or Pastime whatsoever they forfeit five shillings if he or ●he be above fourteen years of Age and if un●er that Age then twelve pence by him that ●ath the Government of the Party to be levied by Sale and Distress by the Constable by Warrant from a Justice of Peace or Chief Officer ●s aforesaid and for want of Distress to be set ●hree hours in the Stocks And every Carrier going with his Horses on this day or Wagoner Carrier or Waynman going with any Wagon Cart or Wayn or Drover with his Cattel forfe●● twenty shillings for every Offence to be levi●● also by Distress and Sale of his Goods if he 〈◊〉 questioned within six weeks after the Offen●●● done but there must be but one twenty sh●●lings forfeit for one Journy although they p●●● through several Parishes and this twenty sh●lings that Parish shall have where the Distre●●● is first taken 3 Car. 1. c. 1. Dalt c. 50. ● 134. And if any Butcher by himself or any for hi● shall kill or sell any Victuals upon the Lo●● day he forfeits six shillings and eight pence 〈◊〉 be levied by the Constable by Distress and S●●● as aforesaid upon Warrant from a Justice Peace c. the Offence to be questioned wi●● six weeks after it is committed and the Part●● to be convicted before any Justice of Peace Mayor or Head Officer c. upon their ow● view proof of two Witnesses or more or t●● Parties own confession and the Justice Mayor c. may reward the Informer with the this part of the Penalty 3 Car. 1. c 1. Dalt J.P. c. 5● fol. 134. All Laws in force concerning the Observation of the Lords day shall be put in Execution none shall do any Work by Labour or Business that day Works of Charity and Necessity only excepted and the Offender if of the Age 〈◊〉 fourteen years or upwards shall forfeit fin●● shillings none shall cry or expose to sale 〈◊〉 Wares that day on pain to forfeit them 〈◊〉 Drover Horse-Courser Waggoner Butche●● Higler or their Servants shall travel on the Lords day on pain to forfeit twenty shillings no Person shall travel on that day with any Boa●● Wherry c. except on extraordinary occasion ●o be allowed by a Justice of Peace or Head Officer of the place c. on pain to forfeit five shillings 29 Cap. 2. c. 7. The Justice of Peace or
in Folio of the last Translation with a Book of Homilies and Book of Canons and a Surplice If the Tombs Monuments and Gravi-stones be safely kept from removing and breaking A Book of Parchment for Registring Christnings Weddings and Burials c. a Chest with three Locks to put the same and the Church Ornaments in with a Box for Alms and a Table of Degrees prohibiting Marriage hung up in the Church If the Parsonage House and Out-Houses be in good Repair and the Church-yard will fenced to keep out Swine c. II. Whether the Parson Vicar or Curate read the Common Prayer at Morning and Evening Service wear his Surplice bid Days preach every Sunday or read an Homily Catechise observet● fifth of November thirtieth of January twen●● ninth of May and second of September 〈◊〉 observe Perambulations or going the Bounds 〈◊〉 Rogation Week preach sound Doctrine and 〈◊〉 no Sedition against the King or Government cel●brate the Lords Supper three times every Year 〈◊〉 least whereof at Easter for one baptize Infa●● with Godfathers and Godmothers visit the Sick and Pray with them bury the Dead according t● the Book of Common Prayer Marry none cla●●stinely preach in his Gown be a Man of a fis● and chast Life a Peace-maker amongst his Neighbours and one that takes care to reduce Sectarius Recusants Separatists and refractory Persons to the Obedience and Doctrine of the the Church and reads the Book of Canons to the People at leas● once every Year and the XXXIX Articles twi●● every Year III. Whether all their Parishioners of due 〈◊〉 resort to the Church to Divine Service b●ha●● themselves reverently there kneel stand up and make Answer to the Rubrick of the Common Pray●● Book Whether any Work or sell Wares on Sundays or Holydays Or whether Vintners Victuallers Innkeepers or others do receive any to drink i● their Houses in the time of Divine Service Whether any Marry within the Degrees forbidden or be Adulterers Swearers Blasphemers Drunkards If any above 16 Years of Age do not receive the Lord Supper three times a Year whereof Easter to be one If any keep their Children unchristned Women that come not to be churched or any bring not their Dead to be buried after the Service of the Church Or if any be married without Banes or License at unlawful hours And whether their Almshouses Hospital School or Spittle if they have any be well and godly used or any thing detained from it What Legacies given to pious uses and if the Parishioners be placed into Pews or Seats without offence or contention IV. Whether their Parish Clerk and Sexton if they have any be duly chosen can Write and Read be of an honest Life and make the Responses to the Hymns and other Suffrages And if the Schoolmaster Physician Chirurgion and Midwife if they have any teach or practise without License If the Churchwardens be duly chosen according to the Canon or Custom And if the old Churchwardens have been diligent to keep the Church in good Repair to preserve all the Furniture thereof and walk out of the Church usually about the midst of Divine Service to see who are abroad in Alehouses or elsewhere absent or evilly imployed These are the Heads of most of the Articles that are inquired of at the Visitation Courts but it is probable there may be some small alteration according to the use of the several Diocesses in several places THE OFFICE OF THE Overseers of the Poor CHAP. I. Of the Antiquity of these Officers of their Qualifications and how and when to be chosen THose to be chosen to this Office ought to be substantial P●rsons Men of Wisdom and a good Conscience they must be Housholders for this Name and Office may beseem the Best and not the meanest Men it being an Office of great Antiquity and Excellency For as God himself hath a special Respect to the Miseries of the Poor so they be like God that provide for the Necessities of the Poor Dalt J.P. 143. The Overseers of the Poor are to be chosen yearly and joyned with the Churchwardens of the Parish in the oversight and ordering of the Poor of the Parish They are to be chosen by two or more Justices of the Peace one whereof to be of the Quorum who are yearly under their Hands and Seals at Easter or within one Month after to appoint four three or two substantial Housholders according to the greatness of the Parish to be joyned with the Churchwardens to look to the Poor of the Parish Stat. 43 Eliz. c. 2. 21 J●● c. 28. The major part of these Officers without the rest of them may do any thing belonging to their Office But they are to have the allowance and consent either in particular or in general of two Justices of the Peace Quor unus to every thing they do about their Office And these Officers or such of them as shall not be let by just excuse to be allowed by two Justices are to meet monthly in the Church on Sunday after Evening Prayer and there are to consider of some meet directions about their Office and they are to use all possible diligence in their Office on pain to forfeit for every such Default twenty shillings 43 El. c. 2. Wing●tes Stat. Tit. Poor People And if it happen that Overseers be not appointed according to the 4● El. then every Justice of Peace or Head Officer of that Division or Corporation shall forfeit 5 l. to be levied by a Sessions Warrant and imployed to the use of the Poor of the Parishes where such default is made 43 El. c. 2. Wingates Stat. Tit. Po●● People CHAP. II. Of the several sorts of Poor People and what Poor the Overseers are to provide for and relieve or to set to work THere are three sorts or degrees of Poor as first the Poor by Impotency and Defect as the Aged and Decrepit that are past their Labour the Infant Fatherless and Motherless and not able to work the Person naturally disabled either in Wit or Member as an Ideot Lunatick Blind Lame c. not being able to work and the Person visited with grievous Sickness or Disease though casually yet thereby for the time being impotent All these the Overseers are to provide for that they have necessary Relief and Allowances proportionable and according to the continuance and measure of their Maladies and Needs and of these it may be said Si non pavisti occidisti Dalt J.P. c. 73. f. 169. Then secondly The Poor by Casualty as a Person casually disabled or maimed in his Body as the Soldier or Labourer c. maimed in their lawful Callings the Housholder decayed by casualty of Fire Water Robbery Suretiship c. and the poor Man over-charged with Children All these and such like others having Ability and strength of Body but not sufficient Means to maintain themselves are to be set to work by the Overseers and being not able to live by their Work they are in