Co. on â—it f. 69. vide Lamb. ver Hide 35 H 6. f 29. And note That a Plow land or Carve of Land may contâ—in 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 Rep f. 〈◊〉 9 Rep. f. 122. He that hath a Plough â—â—nd and no Plough but doth suffer his â—and to lie fresh yet he is to fâ—nd a Plough for this Work and so it hath been agreed by the Judges Mich. 21 Jac. Dalt J. P. c. 50. f. 105. 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 â—â—d 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 â—o manage them Vide Dâ—lt J. P. c. 50. ibid. 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 â—o bring with them to the High-ways so that â—f a Man have one Plough and five or six Horses â—nd shall Plough seven or eight score Acres of and 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 Dalt J. P. c. 50. f. 105. 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 Mans 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 iâ— the Houses Gardens Orchards or Meadows of any Man for they are not to come there with out Licence of the Owner and in such place where they may dig without leave they are noâ— to make a Pit above ten yards in breadth â—â— length and they are to take care that the place be filled up again at the charge of the Parish within one month after upon pain to forfel five Marks to the Owner of the Ground to be recovered by Action of Debt and this by thâ—â— El. c. 13. CHAP. III. The Surveyors Duty about cutting down Bushes Trees and scouring of Ditches in the High-ways and also touching Presentments and Inquiries about Defaults passing of Accounts Travelling of Wagons Wains c. IF the Owners of the Grounds next adjoyning to the High-ways do not keep their Hedges low and cut down their Trees and Bushes growing in the same ways they so feit ten shillings Wingates Abr. Stat. Tit. High-ways 5 El. c. 13. 18 El. c. 10. And he that scours not his Ditches in the Ground next adjoyning to the Ground that is next the High-ways to the end the Water may have the better passage out of the High-ways shall forfeit 12 pence for every Rod so left unscoured 18 E. c 10. Wingate ut supra If any scour his Ditch by the High way side and throw the scouring thereof into the High-way and suffer it to lie there six months he forfeits for every Load thereof 12 pence and the Surveyors are to make Sluces where such Banks have been heretosore made for carrying away the Water out of the High-way 18 El. c. 10. Every Surveyor may cause any Water-course or Spring of Water in the High-way within their Parish to be turned into another Mans several Ditch or Ground next adjoyning to the said Way in such manner as by the discretion of the said Surveyor shall be thought meet Dalt J. P. c. 50. f. 103. Note That the Forfeiâ—ures of the Act of the 18 El. c. 10. must be levied by the Surveyors for the time being by Warrant from the â—usticeâ— before whom the Party shall be convict by Distress and Sale of Goods which Forfeitures aâ—â— to be employed towards the amendment of the High-ways and if the Surveyors neglect to do it within one year after the Offence committed then the Constables and Churchwardens by like Warrant may do it 18 El. c. 10. Wingates Abr. Stat. Tit. High-ways The Surveyors or one of them are to present to the next Justice of Peace every Defaulâ— upon the 2 3 P. M. c. 8. 5 El. c. 14. with in one month after it shall be made on pain oâ— 40 s. and the Justice is on pain of 5 l to certifie the same at the next Quarter Sessions where the Justices have power to inquire of the Default and shall set such Fine upon the Delinquents as they or two of them Quor unus shall think fit 5 El. c. 13. That the Presentment of a Justice of Peaâ—â— in Sessions upon his own Knowledge shall be â— good Conviction whereupon the Justices in Seâ—sions or any two of them Quor unus may asseâ—â— a Fine as well as upon a Verdict of twelve Meâ— but in this case the Delinquent shall be admitted to his Traverse as in other Cases 5 El. c. 1â— vide Rastal 199. The Defaulâ—s and Offences upon these Statute 2 3 P. M. 5 El. 18 El. are inquirable bâ— the Justices of Peace in their Sessions or bâ— Stewards in Leets either of which have poweâ— to set Fines upon Offenders at their discretâ—ons of which Fines indented Estreats â—â— the Sessions under the Hand and Seal of tâ—â— Clerk of the Peace in the Leet under the Hand and Seal of the Steward shall be delivered within six weeks after Michaelmas one part of the Estreat to the Bailiff or High Constable of the Liberty and the other part to the Constables and Churchwardens of the Parish where the Offeâ—ders live 2 3 P. M. c. 8. 5 El. c. 13. 18 El. c. 10. Wingates Abr. Stat. Tit. High-ways And these Estreats shall be a sufficient Warrant for the Bailiff or Chief Constable of the liberty of levy the said Offences by way of Distress and if no Distress can be found or the Party do not pay the Fine within 20 days after â—awful demand thereof he or they shall forfeit double
thrown Ashes Filth or Annoyance before his House Building or Wall shall forfeit 5 s. If before any Church Church yard or publick Buildings or into any Sink or Way publick or private but shall keep it in their Houses and Yards until the Officers come to carry it away or else forfeit 20 s. Churchwardens House-keepers of White-hall or other the Kings Houses or of Noblemens Houses shall be subject to like Penalty so shall Ushers of Courts and Porters and Keepers of other publick Buildings Scavengers and Officers shall come every day except Sundays and Holidays and give notice that the Parties concerned may bring out their Dust c. or forfeit 40 s. for every neglect Every Housholder shall pave and keep repaired the Streets before their Houses and Ground unto the Channâ—l or else forfeit for every Rod 20 s. and 20 s. every Week until it shall be sufficiently repaired Where new Streets and Ways are made which the Justices of Peace in their General quarter-Quarter-Sessions shall think fiâ— and convenient to be paved with Stone or Gravel and shall order the same to be done before every dwelling House or Building in such Street or Way Every Person neglecting shall forfeit forty shillings for every such Offence for every Perch and after that rate for a greater or lesser quantity and the like Sum for every Week till the same be paved and amended Where Streets Lanes or Allies have been by Custom otherwise repaired it shall be done by such Persons as are by Custom to do it under the Penalties aforesaid Upon Monday or Tuesday in Easter Week The Constables Churchwardens Overseers and Surveyors giving notice and calling such Inhabitants that have served that Office shall chuse two Tradesmen to be Scavengers who being allowed under the Hand of any two Justices shall within seven days take the Office or pay 10 l. and within seven days after such refusal they shall in like manner chuse another who shall accept or pay 10 l. which Penalties to be levied by Distress and Sale and for want of Distress or Payment within six days after notice at his House to be sent to the Goal until payment Within twenty days after such Election the Constables c. shall call such Inhabitants as have born the like Office and make a Tax by a Pound Rate which being confirmed by two Justices shall be quarterly paid upon demand made by the Scavengers or other Officers appointed to gather the same and being refused shall by Warrant of two Justices be levied by Distress and Sale and for want of Distress by Imprisonment of the Offender until payment The Scavengers are to account for the Mony by them Collected to two Justices of the Peace within twenty eight days after new Scavengers are Elected and to pay what Mony remains in their Hands to the new Scavengers The Scavengers and Rakers for any of the said Parishes shall have liberty by the Order of the Justices in the petty-Petty-Sessions or any two of them to lodge their Soil in such vacant places near the Streets or High-ways aâ— shall be thought convenient by the said Justices for the accommodation of the Country Carts returning empty from the said Parishes they giving satisfaction to the Owners of such vacant places and in case of unreasonable Demands the Justices in their Petty-Sessions may hear and moderate the same If any Persons find themselves aggrieved with the states made by virtue of this Act or any ways prejudiced by the determination of the Justices in their Petty-Sessions they may have recourse to the Justices at their General Quarter-Sessions of the Peace And whereas there are many Common High-ways within the said Parishes which cannot be sufficiently repaired by means of the Laws now in force an Assessment may be made upon all the Inhabitants Owners and Occupiers of Lands and Houses or personal Estate usually ratable to the Poor within any of the said Parishes to be collected by such Persons as the Justices shall appoint at their General Quarter-Sessions the Mony so collected to be employed as the Justices shall direct towards repairing the said High-ways No such Rate shall exceed four pence in the Pound in any one year in the yearly value of Lands Houses or Tenements nor of eight pence for every twenty pounds in personal Estate No Person or Persons whatsoever shall suffer his Waggon Cart or Car to stand in the Hay-market near Pickadilly in the Parish of St. Martin in the Fields St. James within the Liberty of Westminster Borough of Southwark or any other place in the Parishes within the Weekly Bills of Mortality loaden with Hay or Straw to sell the same from Michaelmas to Lady-day after two of the Clock in the Afternoon and from Lady-day to Michaelmas after one in the Afternoon on pain to forfeit five shillings for every Offence and Neglect The Owners and Proprietors of any Cart Car or Dray the Wheels whereof shall not be made six Inches in the breadth or shall be shod with Iron or be drawn with above two Horses shall forfeit forty shillings for every time such Cart Car or Dray shall be used for the uses and to be levied as aforesaid This shall not extend to any Country Cart or Waggon that shall bring any Goods to the Cities or Places aforesaid or shall carry any Goods half a Mile beyond the paved Streets of the said Cities and Places One Justice of Peace upon View or Confession or Oath of one Witness may convict any of the Offences aforesaid if Conviction be upon proof one Moiety to the Overseers of the Poor for the Relief of the Poor of the Place where the Offence was committed the other Moiety to him that shall discover and prosecute the same But if the Conviction shall be by the View then one half to the Poor the other towards repairing and cleansing the Streets to be paid to the Scavengers of the Place to be levied by the Justices Warrant under Hand and Seal to the Constable by Distress and Sale or for want of Distress or Payment within six days after notice at the House to be sent to Goal without Bail 〈◊〉 payment No Person within the Cities of London and Westminster and Liberties of the same Borough of Southwark and Parishes aforesaid shall breed feed or keep any Swine in any Houses or Backsides of the paved Streets where the Houses are contiguous on pain to forfeit the same to the Churchwardens and Overseers of the Poor of the Parish where such Swine shall be kept to the use of the Poor The Churchwardens Chappel-wardens Overseers of the Poor Constables Beadles Head-boroughs or Tythingmen of any the Parishes in the said Cities and Places respectively in the day-time with a Warrant under the Hand and Seal of the Lord Mayor or any other of their Majesties Justices of the Peace may search for such Swine and if any be found they may seize and carry them away and sell them for the best price that can be had and
after the stealing at the Parish or Corporation where they shall find him and make proof within 40 days after by two sufficient Witnesses before the next Justice of Peace of the County or before the Head Officer in a Corporation that the Horse was theirs and repay to the Buyer such price for the Horse as the same Buyer shall upon his own Oath before such Justice or Officer testifie he paid for him 31 El. c. 12. wingates Stat. Tit. Fairs and Markets Co. 2 part Inst f. 718. If a stoln Horse be not sold in Fair or Market according to the Rules aforesaid then such Sale does not alter the Property of the right Owner but he may seize or replevy him wheresoever he finds him 31 El. c. Wingate ubi supra Co. 2 part Inst f. 718. No Person shall buy any Oxen Ronts Steers Kine Heifers Calves Sheep Lambs Goats or Kids alive and sell the same again unless he keep the same five Weeks in his own Grounds or where he hath Herbage by Grant or Prescription upon pain to lose double the value of the Cattle one Moiety to the King the other to the Informer 5 Ed. 6. c. 14. By the Stat. 22 Car. 2. c. 8. There shall be no Bushel but the Winchester Bushel containing eight Gallons and none shall sell by other Measure on pain of 40 shillings If the Clerk of the Market of the Kings House or others authorized to mark or seal Measures â—eing required shall neglect or refuse to seal or mark any Bushel Half Bushel or Peck duly gauged he forfeirs 5 l. for the first Offence and for every other Offence 10 l. or if the Kings Clerk of the Market of his House take more than his Fees or if any other take above one peny for sealing a Bushel one half peny for the Half Bushel or Peck or more than one farthing for any lesser Measure he incurs the Penalties in the Stat. 17 Car. 1. That at the charge of such Persons who have the Toll or profit of the Market where no Toll is taken there shall be before 29 Sept. 1670. one Measure of Brass provided and chained in the Market-place upon pain to forfeit 5 l. 22 Car. 2. c. 8. By the Stat. of 22 23 Car 2. It is further provided That whosoever shall sell or buy any Corn or Salt by the Bag or without measuring being thereunto required or in any other manner than as by the Stat. 22 Car. 2. c. 8. is directed and without shaking the Measure by the Buyer shall forfeit besides the Penalty in the former Act all the Corn or Salt or the value therefore to the Person or Persons complaining 22 23 Car. 2. c. 12. Upon complaint to one or more Justices of Peace the Proof shall lie upon the Defendant to make appear by Oath of one or more Witnesses that he or they did sell or buy according to this and the said former Act wherein if he fail he shall forfeit as by this Act is directed to be levied by distress and sale of Goods by Warrant under the Hand and Seal of one or more Justices before whom such Conviction shall be The Penalties to be distributed one half to the Poor of the Parish where the Offence shall be committed the other to the Informer 22 23 Car. 2. c. 12. DIRECTIONS to Treasurers for the Relief of Poor Maimed Soldiers and Mariners THE Justices of Peace are yearly at the Quarter Sessions about Easter to choose or appoint one or two Persons according to their Discretions of the County for the taking and distributing of the Monies collected for the Reâ—ief of poor maimed Soldiers and Mariners And these Treasurers by the Words of the â—â—ture ought to be Subsidy Men of 10 pounds â—â— Lands or 15 pounds in Goods and these officers are to continue in their Office one Year and new ones then to be chosen in their â—ooms 43 El c. 3. Wingates Stat. Tit. Captains Now for the raising of Mony for these Treasurers the greater part of the Justices in their Quarter Sessions have power to charge every Parish within their Limits towards a Weekly â—elief of maimed Soldiers and Mariners so â—hat no Parish pay Weekly above 10 pence noâ—â—nder 2 pence nor any County which consists â—f above 50 Parishes pay above 6 pence one â—arish with another 43 El. c. 3. When the Tax is levied the Constables and Churchwardens are to deliver it quarterly ten days before every Quarter Sessions to the High Constables of their Division who must deliver to â—â—e Treasurers of the County at the same Quarâ—er Sessions all the same Mony and if the Constables or Churchwardens their Executors c. fail in the payment to the High Constable within the time aforesaid then they are to forfeit 20 s. and if the High Constable fall to pay the Treasurers every Sessions then he forfeits 40 s. which Forfeitures as it seems the Treasurers may levy by Distress and Sale of the Offenders Goods without any Warrant rendring the overplus to the Owner And these Forfeitures are to go in Augmentation of the Treasurers Stock 43 El. c. 3. The maimed Soldier or Mariner which was Prest shall repair if he be able to Travel to the Treasurers of the County where he was Prest if he were not Prest then to the Treasurers of the County where he was Born or were he last dwelt by the space of three years at his Election but if he be not able to Travel then to the Treasurers of the County where he Lands and he is to bring with him a Certificate under the Hand and Seal of the Chief Commander or of the Captain under whom he served containing the particular of his Hurts and Service which Certificate shall also be allowed by the Muster-Master or the Receiver-General of the Rolls for the Muster under one of their Hands 33 El. c. 3. Then upon such a Certificate the Treasurer aforesaid may allow the Party Relief to maintain him till the next Quarter Sessions and then the major-part of the Justices may alloâ— him a Pension which the Treasurers muâ—â— pay him quarterly until it shall be revoked oâ— altered by the said Justices and this Allowancâ— is not to exceed 10 l. per annum to a Commoâ— Soldier nor 15 l. to an Officer under a Lieutenant nor 20 l. to a Lieutenant 43 El. c. â— Wingates Stat. Tit. Captains and Soldiers Where Soldiers and Mariners arrive far from the place where they are to receive Relief the Treasurers there shall give them Relief and a Testimonial whereby they may pass from Treasurer to Treasurer until they shall come to the place required and this shall be done upon the bare Certificate of the Commander and Captain although they have not as yet obtain'd any Allowance from the Muster-Master or Receiver-General of the Muster-Rolls Wingates Stat. Tit. Captains and Soldiers 43 El. c. 3. If any Soldier or Mariner beg or counterfeit â— Certificate he shall be punished as a Common Rogue and shall lose his Pension if he have any 43 El. c. 3. Wingate ut supra When out of the County where the Party was Prest a fit Pension cannot be satisfied it shall then be supplied by the County where he was born or else where he last dwelt by the space of three years Wingate ubi supra 43 El. c. 3. The Treasurers are to Register all their Receipts and Disbursements and must enter the Names of the Parties relieved into their Book and also the Certificate by virtue whereof the Disbursements are made and where they disallow of a Certificate they are to set down â—he Reasons of their Refusal under the Certificate or on the back thereof 43 El. c. 3. Wingate Stat. Tit. Captains and Soldiers If any Treasurer wilfully refuse to give Relief in the Cases aforesaid the Justices of the Peace in their Sessions may set a Fine upon him which may be levied by Distress and Sale of his Goods Wingate ubi supra These Officers at the end of their Year within 10 days after Easter Sessions are to give uâ— a just Account to the succeeding Treasurers oâ— all their Receipts and Disbursements within the time of their Office and then if they have any Mony in their Hands they are to deliver it to their Successors and if any such Officer his Executors or Administrators shall not givâ— up such Account within the time aforesaid oâ— shall be otherwise negligent in the Executioâ— of his Office The Justiceâ— at the Sessions maâ— assess what Fine they please upon him so thaâ— it be not under five pounds but what theâ— please above five pounds upon him his Executors or Administrators Wingate ubi supra 43 El. c. 3. In Corporations the Justices there are tâ— put this Act in Execution and not the Justices of the County This Act is not to prâ—hibit the City of London to make a Tax if neâ— require differing from that above limited iâ— this Act so that no Parish pay above threâ— shillings Weekly nor under twelve penâ— Weekly one Parish with another 43 El. c. 3. FINIS
Parish Stat. 43 Eliz. c. 2. 21 Jac. 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. 3. Wingates Stat. Tit. Poor People And if it happen that Overseers be not appointed according to the 43 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 â—â—3 El. c. 2. Wingates Stat. Tit. Poor 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. â— 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 Charity to be relieved in some reasonable proportion according to their several Wants and Necessities Daâ—â— J. P. c. 73. f. ibid. Then lastly The thriftless Poor as the râ—otous and prodigal Person that consumes all wâ—â— Play or Drinking c. the dissolute Person as tâ—â— Strumpet Pilferer c. the slothful Person thâ— refuseth to work c. and the Vagabond the will abide in no place or service and for all theâ—â— the House of Correction is the place where theâ— are to be sent to and being of able Bodies then they are to be held to hard Labour and to maintain themselves by their Labour and Work wâ—â—â— out charging the Town or County for any Allowance 7 Jac. c. 4 Dalt J. P. c. 73. sol 170. But it seemeth that if any of these last â—ortâ— Poor happen to prove impotent and also â—â— cases of manifest extremity then they are to bâ— relieved by the Town Dalt J. P. c. 73. f. ibid If the Parents be able to work and may harâ— Work they are to find their Children by thee labour and not the Parish but if they be overcharged with Children they may help by having some of their Children put out Apprenticeth by the Overseers Dalt J. P. c. 73. f. 157. The Father Grandfather Mother Grand-mother and the Children and Grandchildren of every poor impotent Person not able â—â— work being of sufficient Ability shall relieve sucâ— poor Persons in such manner as the Justices â—â— Peace of that County where such sufficient Person dwelleth at their General Quarter Session shall Assess and if such Person refuse to abâ—â—â— the Order they forfeit 20 s. for every mond to the Poor of the Parish which forfeiture 1. to he levied by the Church wardens or Overseen or one of them by Warrant from any two justices of the Peace Quor unus within their Limits by distress and sale of the Offenders Goods and want of distress any two such Justices may commit the Offender to prison there to remain without Bail till the said Forfeiture be paid 43 El. 2. Resol Judges 16 17. Dalt J. P. c. 73. f. 156. But if a Man marry a Grandmother that hath no Estate the Grandfather in Law is not chargeable But if she hath an Estate caused without such Marriage or that comes after Marriage by descent or otherwise to her here he may be charged But where they have raised themselves an Estate by their own Industry there it is doubtful But in no case shall he be charged longer than his Wife lives and it seems also Bastard Children are not within this Law neither can the Justices do any thing therein against a Man that lives out of their County See Boulst Rep. 2 part f. 245 246 247. No Poor may beg but in their own Parish and there by Licence of the Overseers of the Poor and they may not licence them to beg in the High-ways there and without the Licence of the Overseers they may not beg at all Res Judges 15. Dalt J. P. â— 73. f. 157. 39 El. 3. No Inhabitants may serve any Poor at their Door but those of their own Parish that have licence from the Overseers of the Poor to beg there under pain of 10. s for every time they do so 1 Jac. 7. Dalt J. P. c. 83. f. â—20 These Officers are to make provision for a poor Man that wants an House but not for a common Herdsman or Sheperd with consent of the Lord of the Mannor first had in writing under his Hand and Seal either by themselves or with a Sessions Order may erect a Cottage upon any part of the Waste of a Mannor and lodge Inmates therein notwithstanding the Stat. 31 El. 7. But such Cottage may not be afterwards employed otherwise than to lodge impotent Persons there for if it be then it falls within the penalty of the 31 El. aforesaid 43 El. c. 2 Wingates Stat. Tit. Poor People All such Persons married or unmarried having no Means to maintain them using no ordinary and daily Trade of Life to get their Living by and such Persons also as can get no Work are to be set on Work by the Overseers and any one Justice of Peace may send to the House of Correction or Common Goal such as shall not imploy themselves to work being appointed thereto by the Churchwardens and Overseers of the Poor of the Parish 43 El. c. 2. Dalt J. P. c. 73. f. 143. And to this purpose the Churchwardens and Overseers of the Poor may by and
declaâ—ed 7 Jac. c. 3. If the Master shall put his Apprentice into Apparel it is a Gift in Law and he cannot â—fterwards take it away though he should part â—ith his Apprentice Br. Transgr 93. An Apprentice cannot be discharged from his Apprenticeship but by four Justices of the Peace â—t the least and in open Sessions or else by â—he Agreement of the Master and Apprentice â—nd under his Masters Hand in Writing Dalt J. P. c. 58. f. 121. The Form of these Indentures mentioned before is as followeth viz. THIS Indenture made the 29th day of September in the 20th Year of the Reign of Our most Gracious Sovereign Lord Charles the Seâ—â—nd by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. Annoque Dom. 1668. witnesseth that J. W. â—nd G. R. Overseers of the Poor in the Town of Kirk-Leaventon and J. R. Churchwardens of the â—â—me Town by and with the consent of Sir J. P. Knight and Baronet and T. M. Esq two of his Majesties Justices of Peace for the North Riding â—f the County of York have by these Presents â—laced and bound J. T. being a poor fatherless child as an Apprentice with E. H. of Kirk-Leaventon aforesaid Widow and as an Apprentice with her the said E. H. to dwell from the day of the â—ate of these Presents until she the said J. T. shall â—ome to the Age of 21 years or be married which â—hall first happen according to the Statute in that â—ase made and provided by and during all which time and term the said J. T. shall the said E. H. her Dame well and faithfully serve in all 〈◊〉 lawful Business as the said E. H. shall put â—â— the said J. T. unto according to her Power â—â— and Ability and honestly and obediently in â—â— things shall behave her self toward her said 〈◊〉 and Children and all the rest of the Family â— the said E. H. And the said E. H. for hâ—r â—â—â— promiseth covenanteth and agreeth that she tâ—â— said E. H. the aforesaid J. T. in the Art and Skâ—â— of Housewifry the best manner that she can â—â— may shall teach and inform or cause to be taugâ—â— and informed as much as thereunto belongeth aâ—â— she the said E. H. knoweth and also during â—â— the said Term to find unto her said Apprentice Meat Drink Linnen Woollen Hose Shooes Wâ—â—ing and all other things needful or meet for â—â— Apprentice In Witness whereof c. Note If it be a Boy that is to be bound Apprentice to Husbandry or any other Trade thâ—â— he may be bound till 24 years of Age as â—â— shew'd before in this Chapter CHAP. IV. Several Cases about Settlements and also touching Bastards c. TOuching settling of poor People the Justices are to meddle with none but those who are impotent and such as are like to be chargeable to the place where they are Boulst Rep. 1 part 347. By 13 14 Car. 2. cap. 12. It is Enacted â—hat upon complaint by the Churchwardens â—â—d Overseers of the Poor to any Justice of â—eace within forty days after any poor Person â—ometh to settle in a Tenement under 10 l. â—â—r annum two Justices of Peace whereof one â—o be of the Quorum may by Warrant remove â—â—ch Person to the Parish where they were last â—â—gally settled for forty days unless they give â—â—curity to be allowed by the said Justices for â—ischarge of the Parish Persons aggrieved may â—ppeal to the Quarter Sessions But Persons having a Certificate from the â—inister of the Parish and one Churchwarden â—nd one Overseer of the Poor declaring them â—â—habitants there may go into any Parish to â—ork and the not returning of such Persons â—hen their Work is finished or falling Sick â—hilst they are at Work shall not be accounted Settlement If any return to the Parish from â—hence they are removed a Justice of Peace â—ay send them to the House of Correction to â—e punished as Vagabonds or to a publick â—ork house to be imployed in Labour and if â—he Churchwardens and Overseers of any Paâ—â—sh to which any are removed refuse to reâ—eive them and provide them Work c. a â—ustice of Peace may bind over such Officers to â—he Assizes or Sessions Churchwardens and Overseers for the Poor â—here any Bastard-Child shall be born may 〈◊〉 so much of the Goods and Profits of the â—ands of the Putative Father and Lewd Mother â—â— two Justices of Peace shall order towards â—ischarge of the Parish to be confirmed at the â—essions who may make an Order for the Churchwardens c. to dispose of the Gooâ— by sale or otherwise as they shall think 〈◊〉 and receive the Profits of so much of theâ—â— Lands as shall be ordered by the Sessions The Poor in every Town-ship or Village â—â— Lancashire Cheshire Darbyshire Yorkshire Nâ—thumberland Bishoprick of Durham Cumberlaâ—â— and Westmoreland shall be provided for in tâ—â— Township and Village where they inhabit â—â— were last legally settled And two or more Overseers shall be chosen in every Township c. who shall execute all powers for the â—elief of the Poor under the Penalties mentioned in 43 Eliz. c. 2. This Act of 13 14 Car. 2. c. 12. was â—â— continue no longer than to the end of the firsâ— Session of the next Parliament but revived by 1 Jac. 2. c. 17. to continue for seven years and to the end of the first Session of the next Parliament And whereas poor Persons at their firâ—â— coming to a Parish do commonly conceal themselves the forty days intended by the said Act to make Settlement shall be accounted froâ— the time of their deliveries of notice in writing of their House of Abode and the number of their Family if they have any to one of the Churchwardens or Overseers of the Poor of the said Parish 1 Jac. 2. c. 17. No Man but a Vagraut Begger ought to bâ— sent out of any Parish to the place of his Birth or last Habitation for if any refuse to work in the Parish where he is settled or to work for the Wages assessed then he is by the Justices to be sent to the House of Correction Co. 2 part Inst fol. 730. 7 Jac. c. 4. Resol Judges 9. Dalt â— P. c. 73. f. 157. 39 El. c. 4. 1 Jac. c. 7. If a Scholar in the University or in a Gramâ—ar School begin to be suspect he may be or â— he doth become impotent and is like to â—e a Charge to the Parish where he is he must â—e sent to his Parents if he have any otherâ—ise to the place where he was last legally â—â—ttled before he came to School Res Judges 633. sect 32. If one be Born and live 20 years in A. and â—hen go to B. and there live in a House and pay â—is Rent and after he come to C. and there â—orks 20 Weeks as a Labourer in a Quarry of â—ones where he breaks his Back and becomes â—â—potent and there is
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 Hiâ—â— 3 Car. 1. The two next Justices Quor unus in â—â— next to the Limits where the Parish Church â—â— may take order as well for the punishment oâ— the Mother and reputed Father of a Bastarâ— Child as also for the Relief of the Parish wheâ—â— it is born by charging the Mother and Fatheâ— 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 Imprisonmeâ—â— without Bail except he or she give Security â—â— 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 â—â— stand to the first order Dalt J. P. c. 11. f. â— 18 El. c. 3. Note That this Order may be made by any two Justices of the County Quor unus as it â—â— held by some but most properly by the tâ—â— next Justices and the question must be aboâ—â— such a Bastard Child as is like to be a charge to the Parish and the Security must be giveâ— 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 anotheâ— Person to contribute towards it because it was gotten in his House c. and the Order musâ— express the Child by the Name of a Bastard Child and not the reputed Child of such an â—â—e and the Justices for the better discovery of â—he Matter may upon Oath examine the Moâ—her her self concerning the reputed Father â—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 â—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 Paâ—ish Town c. such a Sum as they shall â—hink fit and this Rate they must have allowed and confirmed under the Hands of two Justices Quor unus and then by Warrant from â—hem or any other two Justices Quor unus â—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 â—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 trâ—lâ— made according to Mens visible Estates real â—â— 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 â— Parish within this Law so that if A. be an â—â—cient Parish that hath Officers in it and theâ—â— be a Town within this Parish which for a loâ—â— time hath been used and reputed as a Parâ—â—â— and hath all Parochial Rights as Churchwardens c. here this place may be rated as â— Parish towards the Poor Huttons Rep. fol. 93. â— M. 3 Car. B. R. Hilton Pauls Case Cro. 3 pâ—â— 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 fâ—â— the Tenant only is chargeable for the Land Bâ—â—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 â—â— 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 consuetudâ— 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
Father c. dwells shall limit and appoint on pain to forfeit 20 s. a month to the use of the Poor to be levied by distress and sale as aforesaid and for want of distress to be committed to Prison till the Forfeiture be paid 43 El. c. 2. Wingates Aâ—â— Stat. Tit. Poor People Dalt J. P. c. 73. f. 1â—6 Head Officers in Cities and Corporate Town and Aldermen of London have in their severâ—â— Precincts like Authority that Justices of Peace have in their Countles and no other Justices of Peace are to enter and intermeddle there Wingates Abr. Stat. Tit. Poor People 43 El. c. 2. If any Parish shall extend into two Countles 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 in execute this Law concerning the nomination of Overseers binding of Apprentices grantâ—â—â— Warrants to levy Taxations taking Accounâ—â— 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 Wingates Abr. Stat. Tit. Poor People 43. El. c. 2. Dalt J. P. c. 73. f. 156. These Officers within four days after the enâ— 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 it 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 Highways or in their Town without their directions 6. Whether they meet monthly to consider of the things belonging to their Office 7. Whether they made their Rates indifferent 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. c. 2. Dalt J. P. c. 73. s 153. By the Statute of 30 Car. 2. for Burying in Woollen the Justices are not to allow the Accounts of the Overseers of the Poor until they have given them an Account of the Burials and Certificates and of their levying the Penalties in pursuance of that Act 30 Car. 2. c. 3. 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 of all such Mony and of all such Stock as aforesaid any two Justices Quor unus may commit them to the common Gaol there to remain without Bail till they have made a true Account and satisfied and paid to the new Overseers so much of the said Sum or Stock as upon the said Account shall be remaining in his or their Hands c. And if they make a false Account they may be bound over to the Assizes or Sessions and there an Indictment may be preferred against them Dalt J. P. c. 73. f. 154. Also if any of the Churchwardens or Overseers shall refuse or deny to pay or deliver over to the new Overseers the Arrearages Sums of Mony or Stock which shall be in their Hands and due and behind upon their Account to be made as aforesaid any two such Justices of Peace may make their Warrant to the present and subsequent Churchwardens and Overseers or any of them to levy the same by distress and sale of the Offenders Goods rendring to the Parties the overplus and in default of such distress any two Justices of the Peace may commit him or them to the common Goal there to remain without Ball until-payment or delivery of the said Sum Arrearages and Stock be made 42 El. c. 2. Dalt J. P. c. 73. f. 154. If any such Stock shall be in the Hands of any of the Poor to work and such Poor shall refuse to deliver the same two such Justices may make the like Warrant to levy the same by distress and for lack thereof may commit such Offenders to the Goal as aforesaid Dalt J. P. c. 73. ibid. And for these aforesaid and all other Negligencies of the Churchwardens and Overseers in the Execution of their Office about the Poor c. every of them for every Default he makes forfeits 20 s. which Default must be proved either by the Offenders own Confession or by Examination of Witnesses and it is to be levied by the new Churchwardens and Overseers or one of them by Warrant from two Justices as aforesaid by distress and sale of the Offenders Goods and for want of Distress two such Justices may commit Offenders to the Goal there to remain without Bail till the said Forfeitures shall be paid which said Forfeitures are to be imployed to the use of the Poor of the said Parish Dalt J. P. c. 73. f. 155. 43 El. c. 2. CHAP. VI. The Overseers Duty about Weights and Measures and Burying in Woollen THere shall be one Weight one Measure and one Yard according to the Standard of the Exchequer throughout all the Realm as well in places Priviledged as without and every Measure of Corn shall be striked without Heap And whosoever shall keep any other Weight Measure or Yard whereby any Corn Grain or other thing is bought or sold shall forfeit for every Offence five shillings being thereof convicted by the Oath of one sufficient Witness before any Justice of Peace or Head-Officer of the City Town or Place where the Offence is done to be levied by the Churchwardens or Overseers of the Poor of the Parish to the use of the Poor of the said Parish by Distress and Sale of the Offenders Goods and for want of Distress to be â—mprisoned without Bail until payment And all Persons upon Suit against him or them for any thing done upon this Act to plead the General Issue and give the Act in Evidence and to have treble Costs if unjustly vexed Dalt J. P. c. 112. f. 246. 17 Car. 2. 6. 19. No Corps shall be buried in any thing other than what is made of Sheeps Wool only or be put into any Coffin lined or faced with any thing made of any material but Sheeps Wool on pain of the Forfeiture of five pounds 30 Car. 2. c. 3. An Affidavit under the Hands and Seals of two Witnesses or under the Hand of the Magistrate or Officer before whom it was sworn for which nothing shall be paid must be brought to the Minister within eight days after the Party is interred that he was not buried contrary to this Act
distribute the Mony to the Poor of the Parish where they were seized CHAP. VI. Several Cases about the Repairs of Bridges with the Names of the Statutes which concern particular Bridges 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 â—oâ—â— 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 as well 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 Bridges 22 H. 8. c. 5. Dalt J. P. c. 16. f. 44. Co. 2 part Inst f. 701 702. But Note Where the Franchise City or Borough 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 Remedy as they were before the making of the Statute of 22 H. 8. Co. 2 part Inst f. 702. And note That this Taxation ought not to be made by the Justices without the Consent of â—he 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 two might be distrained upon for the whole Co. 2 part Inst f. 704. 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 fol. 704. Dalt J. P. c. 16. ibid. 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. c. 16. f. ibid. 22 H. 8. c. 5. Co. 2 part Inst f. 705. 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. c. 16. ibid. 22 H. 8. c. 5. And the said Collectors and Surveyors and their Executors and Administrators and 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 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 Sâ—ssions of the Peace and the said Justices may allow such reasonable Costs and Charge to the Surveyors and Collectors upon their Accounts as to them shall seem convenient 22. H. 8. c. 5. Dalt I. P. c. 16. ibid. 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 Bridges lie 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. c. 5. Co. 2 part Inst fol. 207. Dalt I. P. c. 16. fol. 45. But otherwise no Village or Freeman shall be compelled to make any Bridge but such as of old time and by right they were wont to make Magna Charta c. 15. By the Common Law some Persons were â—ound to repair Bridges Ratione tenurae suâ— Terâ—â—am c. and this was binding into whose Hinds soever the Estate did come but they which have Lands on the one side or on the â—ther or on both are not bound in Common â—ight to repair the same 44 El. 3. 31. 21 E. 4. 6. 5 H. 7. 3. Crompt 186. 8 H. 7. 5. b. Co. 2 part 〈◊〉 f. 700. If a Man which holdeth 100 Acres of Land â—â—ght to repair a Bridge by tenure of the same â—o allen 20 Acres thereof to one Man and 10 â—cres to another Man in such case every Owner â—â— Occupier of such Lands must be charged â—â—oportionably for their said Lands Regist 268. â— â— N. B. 235. b. Co. 2 part Inst f. 700. Again Some by the Common Law were bound â—y prescription to repair a Bridge but herein here 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 Succession 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. fol. 38. b. 27 Ass 8. Crompt 187. Co. 2 part f. 700. Dalt I. P. c. 16. f 45. By Common Right Bridges are to be amended by the whole County if it be not known who ought to do the same otherwise Pasch 19 E. 3. 28 29. Co. 2 part Inst. f. 701. Crompt 186. b. Tr. 10 Car. 1. the Case of Longford Bridge Rolls Cases 1 part f. 368. Cro. Rep. 3 part the same Case If a Man erect a Mill for his own particular Profit and cut a new Course for the Water 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 Bridge such Bridge ought to be repaired by him who hath the Mill and not by the County because he erected it for his own Benefit 8
and Acts can disband and assisting the Papists in carrying on their late Plot and damnable Treasons Had you seriously reflected upon your Treacherous Actions had you testified your Repentance or given us any Hopes that you had slept out your Debauch we had looked on you with some Commiseration or had your Priests called you to the Stool of Repentance where you had given Satisfaction to the World by Confession of and Contrition for your Villanies we had encouraged in our selves any feeble Hopes and in you any weak Appearances of Amendment but when you and your Tribe of Levi Brethren in Iniquity maintain a cursed Combination to advance absolute Power to the Destruction of our Properties and to tear from us our Secular and Civil as you have already done our Religious Birthrights and yet no Sign of your returning to a better Mind appears what could we do less than in this innocent and gentle Way chastise you till our noble Representatives shall convene in some Measure to render unto you proportionable to your Works We do therefore hereby declare our Detestation of your Perfidiousness we protest against your Election we proclaim you Infamous to all after Ages we renounce all Commerce and Converse with you as men we excommunicate you from the Society of all true hearted Englishmen as Christians we will neither Eat nor Drink Buy nor Sell Deal nor Trade with you in your Fairs or Markets We will set the Red-cross upon your Doors and do by these Presents warne the whole Kingdom in general and this Scandaliz'd County in Particular that they fly as from a Common Pestilence the mortal Contagion of your Persons and Habitations We shall further humbly Petition his Grace whose noble Family has borrow'd a Flower from your now Apostatiz'd Corporation to adorn his Coronet that he would be pleased to procure and sue out an Alteration of his Patent that there may be no noble Family to stain it's Coat with such an accursed Denomination And shall further humbly petition his Sacred Majesty that you may be disfranchised a perpetual Brand of Infancy set upon you and never more entrussed with that Privilege which you have so wretchedly abused that so the highest Officer in your degraded Town may be the Hog-heard since you have sold your Country like the Gadarens for your swinish Lusts and would have sold your Saviour at the same Rate if any had cheapned him and your Religion too such as it is had any Chapman thought it worth the Buying And now ye Renegadoes from the Interest of your Native Country can you flatter your selves that we will ever Reverence your Fox-furre adore your Thred-bare Gowns tremble at the Idle Ceremony of your Mass or worship your titular Gravities who have prostituted Authority debauched Power and now stand convicted of a most abominable Conspiracy against the Lives Liberties Religion and Being of England If you should chance to Repent it must be against your Wills if ever you do do not imitate the hypocritical Repentance of Ludgersall whose dry Drunkenness has proved more Pernicious to the Publick Safety than their Liquid and have made a worse Choice Sober than perhaps they had ever done when stark Mad and are now the onely Burrough who being Reformed have contributed to a Nations Ruin Good Mr. Bailiff Let not your Worships thick skin be too sensible that we thus Tan your Hide and you the Burgesses be patient whilst we tell you your own in our Home-spun russer Language We do but speak what the whole Nation thinks and 't is but short yet sweet you are a pack of Villains for whom the Gallows hath long groan'd and that fatal Tree at your Towns-end must be for ever barren till you become its fruit your Rottenness has made you ripe for Hanging and how would it compleat and crown the Plenty of this Year could we see you and all our Pensioners hang like ropes of Onyons upon such fruitful Trees We shall confess you have made a Choice to some Purpose when you have hew'd out a substantial pair of Gallows out of your own Timber and you and your Brethren shall be pleas'd to take a Swing or two under its Shades You will say perhaps that we do but rail and we do ingenuously confess there was no help for it the worst Language we could o' th' sudden invent was too good for you we have not the Art to embalm a stinking Carrion we cannot perfume a Dunghill onely we do heartily repent that at the beginning of our Address we Style you Right Worshipful and Worshipful forgive us this one time of treating you unsuitable to your Merits and we do religiously promise that for the future we will Blazon you in your proper Colours and describe you by your particular Titles which you must be content should be none of the best since you have taken such care to deserve no better In the mean time we had left you to be chastis'd by the Stings and Lashes of your own Consciences but they being long since mortified and past feeling we must resign you to the Divine Vengeance to be made in due time by some signal Judgments a Publick Example to the World and a fair Warning to all that shall hereafter dare to betray their God their King and their Countrey Most Hang-worthy Gentlemen Go recreate your selves upon a Gallows made of your own TIMBER TEMPLE So pray most devoutly your daily Orators The honest poor Farmers of the Neighbouring Villages S. T R. W. c. POSTSCRIPT Mr. Bailiff WE have sent you enclosed the New Buckingham Ballad which you may do well to cause to be read in your Town-Hall Sir Timber Temple presents his humble Service to your Lady she knows the meaning of it and so would We to the Niâ—ty Barber your Brother but that we owe him none and have little enough to pay where it is due 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 Persons Men of Wisdom and a good Conscience they mull 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 Necessitles 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 sone 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
with the consent of two or more Justices of the Peace Quor unus c. Set up use and occupy any Trade Mystery or Occupation only for the setting on Work and better Relief of the Poor of the Parish Town or Place where they are Overseers c. 3 Car. 1. c. 4. Dalt J P. c. 73. f. 148. Wingates Stat. Tit. Poor People CHAP. III. The Duty of the Overseers about putting forth and binding of Apprentices with the Form of the Indenture for that purpose IN the putting out of Children Apprentices there ought to be regard had to the Master â—he Child and the Parents First to the Master that he be of Ability and Honesty otherwise by some device or hard intreaty they may provoke their Apprentices to depart or run away and regard is also to be had to his Trade or Faculty lest the Apprentice consume his time without learning any thing Secondly Regard is to be had to the Apprentices to put them out timely and while they are young and tractable so that they be above the Age of seven years otherwise by reason of their idle and base Educations they will hardly keep their Service or imploy themselves to work Then lastly Regard is to be had to the Parents to take away such from them as are brought up to live â—dly and loosly or else such as are a burthen and charge to their Parents Dalt J. P. c. 73. f. 150 151. The choice of these Apprentices are to be out of the poorest sort of Children whose Parents are the least able to relieve them and they are to be above 7 and under 15 years of Age when they are first bound 7 Jac. c. 3. Wingates Stat. Tit. Poor People And these Officers are to have the consent of two Justices of the Peace in the placing out of such Apprentices and they may bind the Man-child till 24 years of Age and the Woman chiâ—â— till 21 years of Age or till she be married whâ—â— shall first happen And these Apprentices mâ—â— be bound to Weavers Masons Dyers Fullen â—â— any other Trade as well as to Husbandry â—â— Housewifery See 43 El. c. 2. Dalt J. P. c. 73. f. 14â— Wingates Stat. Tit. Poor People Now this placing of Apprentices may be â— any Man whom the Officers and Justices thinkâ— to receive them within the same Parish or elsâ—where in other Parishes within the same Hâ—â—dred either with or without Mony therefoâ—â— it is fit in this case to consider if the Child â—â— young and the Party to whom they place it iâ— not very able then they may give Mony if theâ— please as the Party and they shall agree â—â— Judges 1633. Quest 1. All Men that-have or may have use for Servants as Knights Clergy-men Gentlemen aâ—â— Yeomen as well as Tradesmen are bound to taâ—â— Apprentices yea though wealthy Men Tabâ—â— themselves or live so privately that they havenâ— use for a Servant yet they may be compelled â—â— take them or else to pay a Sum of Mony for putting them Apprentices elsewhere and if they refuse to pay the Sum imposed upon them twâ— Justices of the Peace may make their Warraâ—â— to levy the same by distress and sale of the Offenders Goods Res Judges 1633. Quest. 4. Poâ—â—â— 24. Dalt J. P. c. 73. f. 151. Or the Refusers to take Apprentices may be presented and indicted for the same upon the Stat. 43 El. c. 2. at the Assizes or Sessions of the Peace Dalt J. P. c. 73. f. ibid. Res Judges 1633 Quest 7. An Apprentice put to a Man in respect of his â—arm when his Lease expireth the Apprentice â—hall go still with the Farm if the first Master be so pleased otherwise it is where an Apprentice is put to a Man in regard of his Ability or for other Respects And where any differences are between the Officers and the Man that is to receive an Apprentice about Mony and what Mony shall be given or otherwise â—here the Justices thereabouts or in their Defaults the Sessions must end it Res Judges 1633. Quest 2. Dalt J. P. c. 73. f. 151. If the Parents of poor Children shall refuse to let their Children be put forth Apprentices without good cause shewed such Parents may be bound over by the Justices to answer their said Default and if the Children shall refuse the Justices may send them to the House of Correction there to remain till they be content to be bound and serve Dalt J. P. c. 73. 58. f. 153. 119. Note That this binding must be by Indenture and may not well be done by a verbal Agreement and the Indenture must be either between the Justices Churchwardens and Overseers or them and the Apprentice on the one part and him that takes the Apprentice of the other part as appears by the Form of the Indenture in the end of this Chapter and he must be named by the Name of Apprentice expresly or else he is no Apprentice though he be bound Cromp. 184. Dalt J. P. c. 5. f. 120. And this binding is as effectual to all purposes as if the Children were of full Age and did bind themselves by Indentures and Covenants and all such as are bound by the Overseers as abovesaid may safely be received and kept â— Apprentices by their Masters 1 Jac. c. 25. â—â— Jac. c. 28. Dalt J. P. c. 58. fol. 120. 3 Car. 1. c. â— 5 El. c. 4. Cromp. 184. b. Such Mony as is given to put out poor Câ—â—â—dren Apprentices is to be employed in Corporate Towns by the Corporations and in otheâ— placâ—s by the Parson or Vicar together with thâ— Constables Churchwardens and Overseers of thâ— Poor or the most part of them who shall â—â—â— forbear to refuse to employ the same accordingly on pain to forfeit five marks each oâ— them so making default to be divided betwiâ—â— the Poor of the Parish and the Prosecutor 7 Jac. c. 3. Wingates Stat. Tit. Poor People The Party taking any Mony with suâ—h Apprentice shall give good Security by Obligatioâ— to repay it at the end of seven years next ensuing the date of the said Obligation or withiâ— the three months after the end of the said seveâ— years and if such Apprentice shall die withiâ— seven years then within one year after his or her death and if the Master Mistress or Dame happen to die within the seven years then withiâ— one year after their death so as the Mony may be employed in placing the Apprentice with some other of the same Trade to serve out his time at the discretion of the Parties trusted as aforesaid 7 Jac. c. 3. And the Mony so given shall be imployed within three months after the Receipt thereof and if there shall not be apt Persons found in the places where it is given to the Apprentices it shall then be imployed in the Parishes next adjoyning by the Parties that are trusted with it in the place where it was so given and there also Bond shall be taken as afore is
which shall be taken before some Justice of Peace Master of Chancery Ordinary or Extraordinary Mayor Bailiff or other chief Officer of the City County Borough c. where the Party was buried And if no such Affidavit be brought the Minister shall give notice thereof under his Hand to the Churchwardens or Overseers of the Poor who within eight days after shall repair to the Chief Magistrate in any Town c. if buried there else to a Justice of Peace who upon Certificate thereof from the Minister c. shall grant a Warrant for levying the Forfeiture by distress and sale of the Goods of the Party deceased or in default thereof of the Persons Goods in whose House the Party died or the Goods of any that had a Hand in putting such Party into any Shroud Coffin c. contrary to this Act or that ordered the same And if such Person were a Servant and died in the Masters Family the Masters Goods to be liable And if such Person died in his Parents Family the Parents Goods to be liable One Moiety of which Forfeiture shall be to the Poor of the Parish where the Party is buried the other to him that shall sue for the same 30 Car. 2. c. 3. Ministers Churchwardens and Overseers Justices of Peace or Chief Magistrates neglecting their Duty aforesaid shall forfeit five pounds for every Offence to be recovered by Action of Debt Bill Plaint c. wherein the Prosecutor shall recover his full Costs so as the Suit be commenced within six months after the Offence committed one fourth part of the Forfeitures to the King two fourth parts to the Poor of the Parish where the Offender dwells and one fourth part to the Informer 30 Car. 2. c. 3. Every Minister shall keep a Register of all Burials and Affidavits And where no Affidavit is brought as aforesaid shall enter a Memorial thereof against the Name of the Party interred and of the time when he notified the same to the Churchwardens or Overseers of the Poor And the Overseers when they give up their Accounts at the Sessions or to any two Justices at their monthly Meetings shall give an account of the Name and Quality of every Person interred since their former Account and of such Certificates and of their levying the Penalties and of their disposal thereof on pain of five pounds to be levied by distress and sale of Goods by Warrant from the said Justices or two of them and their Accounts shall not be allowed till they have accounted for their Burials 30 Car. 2. c. 3. No Penalty shall be incurred where the Party died of the Plague If any Person be prosecuted for what he shall do in pursuance to this Act he may plead the General Issue and give this Act in Evidence And upon a Nonsuit Discontinuance or Verdict for him or Judgment upon a Demurrer he shall have treble Costs 30 Car. 2. c. 3. And now by the Statute of 32 Car. 2. where no Justice of Peace shall reside or be to be found in any Parish where any Party shall be interred such Oaths or Affidavits may be adminstred not only by such Magistrates as aforesaid but by any Parson Vicar or Curate in the same County other than of the Parish or Chappel of Ease where the Party is interred and they are to attest the same under their Hands gratis 32 Car. 2. c. 1. The Overseers Duty about Irish Cattel See Duty of Constables ch 8. Their Duty in suppressing Conventicles See Duty of Constables ch 9. Note That the Overseers of the Poor are to receive for the use of the Poor of the Parish where the Offence is committed of such who kill or take in the night-time any Conies upon the Borders of Warrens or other Grounds lawfully used for keeping of Conies except Owners c. or Persons by them imployed and of such who use Snares Harepipes or other like Engines or who take any Fish by any Net Angle or other Device whatsoever in any Water or River or shall be assisting thereunto without consent of the Lord or Owner of the said Water what Sum the Justice of Peace before whom such Offender shall be convicted shall think meet not exceeding ten shillings which he is to pay over and above recompence to the Owner And in default of payment thereof he that takes or kills such Conies or useth Snares c. shall be committed to the House of Correction for any time not exceeding one month And the Goods of him that takes such Fish shall be liable to distress and for want of a Distress he shall be committed to the House of Correction for any time not exceeding one month unless he enter into Bond with one or more Sureties to the Party injured not exceeding ten pounds never to offend in like manner 22 and 23 Car. 2. c. 24. A GUIDE FOR SURVEYORS OF High-ways and Bridges CHAP. I. How many Sorts of ways there are of the Choice of these Officers with some few General Cases concerning Highways THere are three kind of Ways First A Foot-way called Iter quod est jus eundi â—â—vel ambulandi hominis Secondly a Foot-way and an Horse-way called actus ab agendo and this vulgarly is called a Pack or Drift-way and â—s both a Foot-way and Horse-way Thirdly A Cart-way c. called Via or Aditus and containeth the other two and a Cart-way also for this is jus eundi vehendi vehiculum jumentum ducendi and this is two-fold viz Via Regia The Kings High way for all Men communis Strata belonging to a City or Town or between Neighbours It is called the Kings High-way for that the King at all times hath therein Passage for Himself and his People and may punish all Nusances therein though otherwise the Interest be in the Lord to bring his Action for digging therein or other like Trespass there done Dalt J. P. c. 50. f. 101. and see Rolls Cases 1 part f. 392. 2 E. 4. 9. 8 E. 4. 9. 17 E. 3. f. 43. Bro Chemiâ—e 10 11. Leet 3. 27 H. 6 f. 9. 8 H. 7. f. 5. The High-way is not only the Common Tract where Carts Carriages and People have gone but if the Way be Foundrous thiâ— People cannot pass in the Common Tract and there be Out-lets out of it into the Soll of another adjoyning the People may in such extremity use those Out-lets upon anothers Soil although it be sowen with Corn And that is in such case the Kings High-way as well as the other for the Kings Subjects must have a convenient Passage as was resolved in a Tryâ—â— at Bar against Sir Henry Duâ—comb Tr. 10 Car. Rolls 1 part of Abridgment fol. 390. Therefore where a Way goes through a Mans Land and the Owner of the Land Fence it on both sides he by so doing hath made himself liable to repair the High-way and keep it passable and it is not sufficient for him to keep it in â—â— good repair as
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 â—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 â—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 comâ—on High ways but the Tenant who occupies the Lands is to be charged â—ill 1â— Car. 1. Br. in one Fosters Case per Curiam â—â—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 Coâ—â— unthrashed Coal Chalk Timber for Shippiâ—â— or Building Stones of all sorts Ammunition oâ— Artillery for the King shall be drawn or go iâ— 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 aâ— breast except one Horse Every Owner of any Waggon Cart c. Horse â—r Beasts shall forfeit for every Offence 40 s. one â—hird part to the Surveyors to amend the Ways â—ne third part to the Overseers for the Poor â—he last third part to him who shall discover â—he Offender The Surveyor where any neglect to come â—â—d labour shall complain thereof to the next â—astices who upon Oath of one Witness shall â—â—â—y for every days labour neglected 18 d. and â—or every Man and Horse 3 s. and for every Cart â—ith two Men 10 s. for each day neglecting â—â— Car. 2. c. 12. CHAP. II. â—â—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 appointâ—d and that according to these Rules following â—iz Every Person having in his own Occupaâ—â—on a Plough Land in Tillage or in Pasture in â—â—e same Parish or keeping there a Plough or â—raught shall find and send on every day to â—â—e place appointed by the Surveyors one â—ain or Cart provided after the Fashion of â—he Country with Oxen c. fit for the Carriâ—ge and with necessary Tools fit for the Work â—nd with two able Men who are there to do â—â—ch Work with their Wains c. as they shall â—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.
so much all which Fines and Forfeiâ—ures are to be employed and bestowed towards the amendment of the High-ways in the Parish where the Offences are committed Wingates Abr. Stat. Tit. High-ways 2 3 P. M. c. 8. The Balliff or High Constable shall yearly beâ—wixt the first of March and last of April render â—o Account unto the Constables and Church-wardens who have the other parts of the â—streats of the Fines of what Mony they have â—eceived on pain of 40 s. and the said Constaâ—les and Churchwardens have power to call the â—ailiff or High Constable before two or more â—â—stices of the Peace Quor unus to pass his Acâ—ount who have power to commit him until he â—ave satisfied all the Arrearages by him reâ—eived save 8 d. in the pound for his own Fee â—od 12 d. in the pound for the Clerk of the â—eace or Steward of the Leet and in this case the â—â—cceeding Constables and Churchwardens have â—he same power as their Predecessors had 2 3 â—â— M. c. 8. Two Justices of the Peace by the Stat. 18 El. may take Accounts of the Surveyors of the Ways and the Petty Constables and Church-wardens for such Forfeitures within that Statute as they have levied 18 El. c. 10 Dalt J. P. c. 50. f. 103. Note There are several Statutes which concern particular High-ways in which these Surveyors are little concerned I shall therefore only name the Statutes and they who desire to be further informed therein may look the Statutes at large Stat. 39 El. c. 10. for repairing the High-ways in the Wild of Sussex Surry and Kent used for Iron Works Stat. 37 H 8. c. 3. For Huntington Lane near to Chester Stat. 14 H 8. c. 6. 26 H. 8. c. 7. For laying out new High-ways in the Wild of Kent or Sussex Stat. 1 P. M. 2. c. 5. for the Causway between Dorchester and Sherborn Stat. 18 El. c. 10. about the Kings Ferry in Kent CHAP. IV. Some Heads of the Stat. 22 23 Car. 2. c. 17. concerning the Ways Sewers Pavements c. in London and the Scavengers Office BY the Stat. of 22 23 Car. 2. A Clause â—o a late Act of Parliament Entituled Aâ— Act for Rebuilding the City of London wherein was Enacted That the Numbers and Places for Common Sewers Drains and Vaults and the manner of Paving and Pitching Streets and Lanes in the said City and Liberties should be set ouâ— by Persons appointed by the Mayor Aldermen and Common Council or seven or more of them together with the Surveyors or one of them within the Precincts respectively which Persons or seven or more of them were impowred to impose Taxes upon Houses in proportion to the benefit they receive thereby and to levy the same by Distress and Sale of Goods is made perpetual together with the Powers thereby given and appointed to be executed And the sole Powers of ordering and regulating the keeping clear pitching and paving the Streets Lanes and Passages with the manner thereof and of making and cleansing Drains and Sewers in London is to remain in the Mayor Commonalty and Citizens to be executed by such as the Mayor Aldermen and Commons in Common Council shall appoint or seven or more of them being all Members of the said Court. And Persons imployed in any of the said Works are enjoyned to observe the Directions of the Persons in that behalf authorized 22 23 Car. 2. c. 17. Offenders may be proceeded against by Indictment at the next Sessions of the Peace in the said City and Liberties unless they submitted to the Censure of the Persons so authorized or any seven or more of them and pay the Mulct by them imposed to the Chamber of London to be imployed towards the Works in this Act mentioned 22 23 Car. 2. c. 17. The Persons so authorized may impose Taxes on the several Wards and Precincts and direct Precepts to the respective Deputies and Common Council Men to assess the same and like Precepts to Scavengers to collect the same And where any Church or Churchyard shall front or adjoyn to any of the said Streets Lanes or Passages they may assess a reasonable proportion upon the Parish to be paid by the Churchwardens of which Assessments the Deputies and Common Council Men shall return Duplicates with the Scavengers Names within twenty days after receipt of the Precepts And in default of the said Deputies and Common Council Men the said Persons to be authorized may rate the said Assessments And in default of payment within six days after demand the Scavengers may levy the same by distress and sale of Goods rendring the overplus besides the reasonable Charge of distraining And the Mony so collected shall be paid into the Chamber of London not to be issued thence but by order of the said Persons so to be appointed or seven or more of them 22 23 Car. 2. c. 17. Inhabitants aggrieved through defect or decay of Pavements or want of cleansing the Streets c. shall upon proof that such grievance is unreformed receive directions from the Persons so to be authorized or seven or mâ—re of them for redressing the same and a Warrant under their Hands and Seals to the Chamberlain of London to issue Monies for defraying the Charge thereof together with any Sum not exceeding ten shillings for encouragement of his or their Diligence who upon receipt of such Warrant shall pay the same accordingly And Persons aggrieved by any Charge imposed by virtue of this Act within five days after demand thereof may appeal to the Mayor and Court of Aldermen whose Order therein shall be final 22 23 Car. 2. c. 17. The Mayor Aldermen and Commons in Common Council may set out and purchase Ground for Laystals and places for publick Stores for receipt of Dirt and Rubbish carried out of the City and for other Materials and Commodities The Mony for the same to be paid out of the Monies arising by the Imposition upon Coals appointed for publick Uses of the City other than the Mony appointed for Building Churches 22 23 Car. 2. c. 17. No Persons by this Act made liable to be rated towards the altering mending or cleansing the said Vaults Sewers c. or cleansing c. Streets Lanes c. shall be otherwise charged or liable thereunto 22 23 Car. 2. c. 17. CHAP. V. Some Heads of the 2 of W. and M. for Paving and Cleansing the Streets in the Cities of London and Westminster Suburbs and Liberties thereof the Out-Parishes in the County of Middlesex the Borough of Southwark and other Places within the Weekly Bills of Mortality in the County of Surrey EVery Inhabitant inhabiting in the said Parishes and in the Town of Kensington shall twice every Week sweep before their Houses and Buildings and take up the Dirt ready for the Scavenger or other Officer or else for every Offence or Neglect forfeit 3 s. 4 d. If any throw or permit to be
E. 2. B. R. adjudged for Bow Bridge and Channel Bridge against the Prior of Stratford Rolls Cases 1 part f. 368. Such as are chargeable to repair a Bridge may enter upon any other Mans Land or Soil adjoyning and lay their Stone Lime Timber or other Things necessary there for the repairing and amending thereof and the Owner of the Lands shall have no Action therefore for it is for the common Profit and the Party that is chargeable to repair a Bridge must also maintain the Way at each end thereof thougâ— the Soil be to another and if the ends be brokeâ— by the Water-course he must follow the Water-course and repair the Way c. Crompt 186. b. 43 Ass Dalt J. P. c. 16. f. 46. The Names of some Statutes for particular Bridges follow 8 H. 6. c. 28. For the making of Burford and Culhamford Bridge 18 E. 1. c. 7. 27 E. c. 25. For the maintenance of Rochester Bridge 18 El. c. 20. For repair of the Bridges within a Mile of Oxford 23 El. c. 11. For the maintenance of the Bridges over Tosse in Wales 39 El. c. 23. For making and repairing of Newport and Carlion Bridges over the River Usk. 39 El. c. 24. For building and maintenance of a Bridge at Wilton upon Wy near Ross in Herefordshire 43 El. c. 16. For erecting and repairing Edon and Presberk Bridges in Cumberland 3 Jac. c. 23. For making and repairing Chepstow Bridge By the Stat. 22 Car. 2. c. 12. It is Enacted That the Surveyors and Orderers of the Work of amendment of the High-ways shall be yearly chosen in Christmas Week according to the Stat. 2 3 P. M. c. 8. Which Persons so chosen shall take upon them that Office and shall appoint six days for providing Stones Gravel and other Materials and for working in the High-ways having respect to the Season of the Year and Weather and giving notice publickly some convenient time before the several days At which day all Persons liable to the said Work shall attend and work And the said Surveyors and Orderers shall make return of the Defaulters and every of them within one Month to some neighbouring Justice of the Peace of the same County DIRECTIONS for the Keepers of Fairs and Markets FAirs are accounted things of Franchise and Priviledge as well as of Profit and whether they be held and claimed by Charter of the King or by Prescription which supposes a former Charter they ought to be holden for no longer time than such Grant or Use will warrant And after such time what is done there is not warranted or justifiable nor amounts to more than a private Transaction and the Sheriff ought to make Proclamation That those that have Fairs keep them no longer then they ought to do and every Lord of a Fair shall at the beginning thereof make Proclamation how long the same is to continue upon pain to be grievously amerced to the King And if they hold them longer than they ought they shall be seised into the Kings Hands until they make Fine for the Offence and if a Merchant sell Ware after the time the Fair ought to end he shall forfeit to the King double the value of what is sold and the Prosecutor shall have the fourth part Dalt J. P. c. 62. f. 138. The Owner or Chief Keeper of every Fair and Market-overâ— are to appoint and limit out a certain and open place within the Town Place Field or Circuit where Horses Mares Geldings and Colts must be sold and they must appoint one sufficient Person or more to take Toll and keep the same place from ten of the Clock before Noon until Sun-set of every day of the foresaid Fair or Market upon pain to lose for every Default 40 shillings 2 3 P. M. c. 7. Co. 2 part Inst f. 715. The Toll gatherer his Deputy or Deputies are to take their due and lawful Tolls for every Horse Mare c. at the place and times aforesaid and they are to have before them at the taking of the said Toll the Parties to the Bargain Exchange Gift Contract or putting away of every such Horse Mare c. and also the same Horse Mare c. so sold exchanged or put away and then the Toll gatherer must write in his Book the Names Sirnames and dwelling Places of all the said Parties and the Colour with one special Mark at the least of the said Horse Mare c. on pain to forfeit for every Default 40 shillings 2 3 P. M. c. 7. Co. 2 part Inst f. 7â—5 And the said Toll gatherer is within one day after the Fair c. to bring his Book to the Owner Governour or Ruler c. of the Fair or Market who is then to cause a Note to be made out of the same of the true number of all the Horses Mares c. sold at the said Fair or Market to which Note he must set his Hand or Mark on pain of 40 shillings And if the Toll-gatherer neglect to bring the Book as aforeâ—aid he also forfeits 40 shillings 2 3 P. M. c. 7. Co. 2 part Inst f. 715. Where no Toll is due the Book-keepers Fee for entring every Contract is one penny and no more 2 3 P. M. c. 7. Co. 2 part Inst f. 716. Now since the making of this Stat 2 3 P. M. It is further provided by the 31 Eliz. That every Seller or Exchanger of any Horse Mare c. in a Fair or Market which is unknown to the Toll-taker or Book-keeper must procure one credible Person that is well known to the Toll-keeper or Book-keeper who is to vouch and testifie his Knowledge of the Seller and the Toll-taker or Book keeper is to enter both the Names and Sirnames Mysteries and Places of Dwelling of the Seller and Voucher into his Book with the Colour Mark and Price of the Horse Mare c. so sold or exchanged and he is to give the Buyer if he require it a Note in writing out of his Book concerning the Contract subscribed with his Hand for which he is to have two pence 31 El. c. 12. Co. 2 part Inst f. 717 718. Every Toll-taker or Book-keeper that suffers a Sale to pass without a Voucher unless he know the Party of his own Knowledge as aforesaid and every Person making false Testimony or Avouchment in the behalf aforesaid and every Seller unknown to the Toll-taker not bringing a Voucher and causing the same to be entred as aforesaid forfeits five pounds one Moiety thereof to the King and the other to the Prosecutor and also the sale of such Horse Mare c. to be void 31 El. c. 12. Co. 2 part Inst f. 718. And note That though an Horse Mare c. be at the sale used in all the Points aforesaid with Voucher c. yet the right Owner his Executors or Administrators may redeem a stoln Horse if they claim him within six months