A MILD, but SEARCHING EXPOSTULATORY LETTER From the Poor and Plaindealing Farmers of the Neighbouring Villages, To the MEN of BUCKINGHAM.  
To the Right Worshipful the Bailiff, the Worshipful the Burgesses of the Ancient, and sometimes Famous Corporation of BUCKINGHAM.  
Right Worshipful, and Worshipful Gentlemen!  
IF your late Folly and Madness had only a Malignant Influence upon your Unworthy selves, we could contentedly have left you Fools and Madmen at your own Costs and Charges; Had you betrayed your own Liberties, whilst ours had been secure, or sold yourselves and Posterities for Slaves, whilst We and Ours had remained free, We love you so well, you might have been eternally such, without any the least Let, Molestation, or Disturbance from Us your poor Neighbours. Nay, had you put Fire to your own Houses, whilst ours had been out of the reach of your Flames, or purchased some dreadful Plague, whose Chain-shot might have ●●own you down by Wholesale, whilst we were out of the compass of its Contagion, we could be silently unconcerned, nor have grudged you that Vassalage and Desolation, which we confess you have highly merited, and you must confess you had drawn with your own Hands upon your own Heads.  
But seeing the Frame and Constitution of our Parliaments is such, that the Knights of one County, the Citizens of one City, the Burgesses of one Burrough, must Debate, Vote, Resolve and Enact what all the Counties, all the Cities, all the Boroughs of the Kingdom are concerned in, and obliged by, that we must pay the reckoning, which your Folly has inflamed; that we must be sick of your Drunkenness, that your Prodigals must be prodigal out of our Purses, and what was your particular, and Personal Miscarriage, must (if other Electors had no more Wit and Honesty than yourselves) become a General and National Misery; give us leave, (or else we must take it) to correct you gently, and represent to you plainly and impartially, your abominable Treachery to our Common Interest, in your late shameful Election of Members to serve in the ensuing Parliament.  
It is not We, your despised Neighbours, 'tis not this County, but all the Counties, Cities, and Boroughts of the Land (except a few of the same sordid and base Spirits with yourselves) in whose Name, and at whose Suit we have drawn up this Legal Indictment against your illegal and riotous Election; That you the Mercenary and Debauched Bailiff, with the corrupt Majority of your Brethren, the Burgesses of the Borough of Buckingham, not having the Fear of God before your Eyes, but being led by the infligation of the Devil, the Duty and Allegiance which to your Native Country you own, forgetting, and not in any wise regarding, have Wickedly, Devilishly, and of your own Malice, forethought, betrayed your Trust, and as much as in you ●●e●h, endeavoured to destroy those Natural and inherent Rights, those Fundamental Liberties and Privileges, which all freeborn Englishmen have, and of Right aught to enjoy; and in order to, and in pursuance of this your Traitorous, Accursed, and Hellish Design, have elected such Persons to Represent you, and serve for you in the House of Commons, as are notoriously known to have formerly betrayed the Trust reposed in them, and have thereby exposed the whole Kingdom to the apparent Danger and visible Hazzard of Beggary, Slavery, and Popery.  
Now suffer us to expostulate the Case with you in all Meekness, and Gentleness. Were you in your Wits? were you sober? or rather had you not put off common Sense? Were you not forsaken of your Reasons, and Understandings, that your Wisdoms could find no better a Stick of Wood to make a Prop for a tottering State, on a Crutch for a halting Church, than Sir Timber? A Piece so crooked, so rotten and warped in Principle, Conscience and Interest, that whatever Use others may make of him, we poor Farmers cannot judge him fit to make an Hovel-post! The Devil was formerly so modest as to be Content with his Chapel, where God had his Church, but seeing he has now aspired to, and taken Possession of the Temple, into what Chapel of Ease will you crowd th' Almighty?  
There are few Sinners so desperate, but will seek or find some Excuses which they may ●itch together to palliate their Gild, and hid their Nakedness. But You are certainly forsaken of all Pretences which may mitigate your Crimes, and alleviate your Punishment. Can you plead Ignorance, or pretend Surprise when your Sir Timber was the Original Sinner in the Musterroll of the Club of unanimous Voters? Has he not there stood like Judas in the Forefront of the Infernal Regiment of Pensioners? Has not Common Fame pinned a Paper to his Breast, wherein is signified to the World how he has sold his Country to the Court; Liberty, to Prerogative; and Property, to Will and Pleasure? Is he not now notoriously known to the English World, by the Name of Sir Timber? and if you ask him, who gave him that Name? must he not answer, That either yourselves, or Legion, was his Godfather? For, did he not once make you a bribeing Present of Timber to rebuild your Townhouse; which vanished all away by the Magic Art of the same Devil that brought it? was he so great a Knave to cheat you once, and are not you greater Fools to be cheated twice?  
But we your plain and honest Neighbours do yet hope and pray that you and we may find the Representative Body of England of so sound and healthful a Constitution, as by the Strength of Nature to purge off those evil Humours which by your Fall they have contracted; and as our late renewed Parliament once before cast him into the Draught, so they will never again lick up their Excrements. And as he was once cut off from their Body as a rotten Member, so they will never accept from you a wooden Leg made of such putrified Timber.  
Yet, had you selected out of all those worthy Gentlemen, wherewith your Neighbourhood has plentifully furnished you, some one whose Virtues might have corrected the Malignity of his Vices, whose Fidelity might have seasoned his Treachery, and whose true English Spirit might have balanced his degenerated Spirit; we had showed our Impartiality in commending what was Good, as well as condemning what was Evil and Unworthy in you, and that we durst no more conceal your Merits than your Guiltiness. But you took special Care, it seems, that we should find nothing in you Praiseworthy, and have therefore coupled with him a Colleague only meet for you and him. Vile Miscreants! could you find none to be Judge of a traitorous Father, but a treacherous Son? Can you think him meet to sit within the Walls of the Houses of Commons, whose great Interest and Merits lie within the Walls of the Tower? Will not he in his own Defence obstruct Justice, when Justice would obstruct his Possession of a vast Estate amassed by betraying us to Arbitrary Power, selling us to the French, enslaving us with a standing Army, which no Parliamentary Votes, 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 Villainies, we had encouraged in ourselves 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 warn the whole Kingdom in general, and this Scandalised 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 borrowed a Flower from your now Apostatised 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 slain its 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 Hogheard, 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 cheapened 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 yourselves that we will ever Reverence your Fox-furre? adore your Threadbare 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 Public Safety, than their Liquid: and have made a worse Choice, Sober, than perhaps they had ever done when stark Mad; and are now the only Burrough who being Reform, have contributed to a Nations Ruin.  
Good Mr. Bailiff! Let not your Worship's thick skin be too sensible that we thus Tan your Hide; and you the Burgesses, be patiented whilst we tell you your own, in our Homespun, russer Language; We do but speak what the whole Nation thinks, and 'tis but short, yet sweet: you are a pack of Villains, for whom the Gallows hath long groaned; 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 complete and crown the Plenty of this Year, could we see you, and all our Pensioners hang like ropes of Onions upon such fruitful Trees. We shall confess you have made a Choice to some Purpose, when you have hewed out a substantial pair of Gallows out of your own Timber, and you and your Brethren shall be pleased 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; only we do hearty 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 chastised 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 Judgements a Public Example to the World, and a fair Warning to all that shall hereafter dare to betray their God, their King, and their Country.  
Most Hang-worthy Gentlemen! Go recreate yourselves 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. etc.  
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 Ni●ty Barber your Brother, but that we own 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, aught to be substantial Persons, Men of Wisdom and a good Conscience; they mull be Householders, 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 joined 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, soon 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 Householders, according to the greatness of the Parish, to be joined with the Churchwardens to look to the Poor of the 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 Session's Warrant, and employed to the use of the Poor of the Parishes where such default is made, ●●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 Idiot, Lunatic, Blind, Lame, etc. 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. ●. 169.  
Then secondly, The Poor by Casualty, as a Person casually disabled or maimed in his Body, as the Soldier or Labourer, etc. maimed in their lawful Callings the Housholder decayed by casualty of Fire, Water, Robbery, Suretyship, etc. 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, Da●● J. P. c. 73. f. ibid.  
Then lastly, The thriftless Poor, as the riotous and prodigal Person, that consumes all w●● Play or Drinking, etc. the dissolute Person, as t●● Strumpet, Pilferer, etc. the slothful Person th● refuseth to work, etc. and the Vagabond the will abide in no place or service; and for all the●● the House of Correction is the place where the● are to be sent to, and being of able Bodies, than they are to be held to hard Labour, and to maintain themselves by their Labour and Work, w●●● 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 ●ort● Poor happen to prove impotent, and also ●● cases of manifest extremity, than they are to b● relieved by the Town, Dalt. J. P. c. 73. f. ibid.▪  
If the Parents be able to work and may har● 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, Grandmother, and the Children and Grandchilds of every poor impotent Person not able ●● work, being of sufficient Ability, shall relieve suc● poor Persons in such manner, as the Justice's ●● Peace of that County (where such sufficient Person dwelleth) at their General Quarter Session shall Assess; and if such Person refuse to ab●●● 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 Highways there, and without the Licence of the Overseers they may not beg at all, Res. Judges 15. Dalt. J. P. ●. 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. ●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 Manor first had in writing under his Hand and Seal, either by themselves, or with a Session's Order, may erect a Cottage upon any part of the Waste of a Manor, 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, than 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 employ 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 with the consent of two or more Justices of the Peace (Quor. unus) etc. 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, etc. 3 Car. 1. c. 4. Dalt. I▪ 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, ●he Child, and the Parents; First, to the Master, that he be of Ability and Honesty, otherwise by some device or hard entreaty they may provoke their Apprentices to departed 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 employ 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 ●dly and loosely, or else such as are a burden 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 Manchild till 24 years of Age, and the Woman chi●● till 21 years of Age, or till she be married, wh●● shall first happen: And these Apprentices m●● be bound to Weavers, Masons, Dyers, Fullers, ●● any other Trade, as well as to Husbandry ●● Housewifery, See 43 El. c. 2. Dalt. J. P. c. 73. f. 14● Wingates Stat. Tit. Poor People.  
Now this placing of Apprentices may be ● any Man, whom the Officers and Justices thinks to receive them, within the same Parish, or elsewhere in other Parishes within the same H●●dred, either with, or without Money; therefore it is fit in this case to consider, if the Child ●● young, and the Party to whom they place it i● not very able, than they may give Money, if the● please, as the Party and they shall agree, ●● Judges 1633. Quest. 1.  
All Men thathave; or may have use for Servants, as Knights, Clergymen, Gentlemen, a●● Yeomen, as well as Tradesmen, are bound to ta●● Apprentices; yea, though wealthy Men Tab●● themselves, or live so privately, that they haven's use for a Servant, yet they may be compelled ●● take them, or else to pay a Sum of Money for putting them Apprentices elsewhere; and if they refuse to pay the Sum imposed upon them, tw● Justices of the Peace may make their Warra●● to levy the same by distress and sale of the Offenders Goods, Res. Judges 1633. Quest. 4. Po●●● 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 ●arm, when his Lease expireth, the Apprentice ●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 Money, and what Money shall be given or otherwise, ●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 showed) 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 expressly, 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 ● Apprentices by their Masters, 1 Jac. c. 25. ●● Jac. c. 28. Dalt. J. P. c. 58. fol. 120. 3 Car. 1. c. ● 5 El. c. 4. Cromp. 184. b.  
Such Money as is given to put out poor Children Apprentices, is to be employed in Corporate Towns, by the Corporations, and in other places by the Parson or Vicar, together with th● Constables Churchwardens, and Overseers of th● Poor, or the most part of them; who shall ●●● forbear to refuse to employ the same accordingly, on pain to forfeit five marks, each o● them so making default, to be divided betwi●● the Poor of the Parish and the Prosecutor, 7 Jac. c. 3. Wingates Stat. Tit. Poor People.  
The Party taking any Money with su●h Apprentice, shall give good Security by Obligation to repay it at the end of seven years next ensuing the date of the said Obligation, or within the three months after the end of the said seve● years; and if such Apprentice shall die within 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 within one year after their death; so as the Money 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 Money so given shall be employed 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 employed in the Parishes next adjoining, 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 declared, 7 Jac. c. 3.  
If the Master shall put his Apprentice into Apparel, it is a Gift in Law, and he cannot ●fterwards take it away, though he should part ●ith his Apprentice, Br. Transgr. 93.  
An Apprentice cannot be discharged from his Apprenticeship but by four Justices of the Peace ●t the least, and in open Sessions, or else by ●he Agreement of the Master and Apprentice, ●nd under his Master's 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 Se●●nd, by the Grace of God of England, Scotland, France and Ireland, King, Defender of the Faith, etc. Annoque Dom. 1668. witnesseth, that J. W. ●nd G. R. Overseers of the Poor in the Town of Kirk-Leaventon, and J. R. Churchwardens of the ●●me Town, by and with the consent of Sir J. P. Knight and Baronet, and T. M. Esq two of his Majesty's Justices of Peace for the North Riding ●f the County of York, have by these Presents placed 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 ●ate of these Presents, until she the said J. T. shall ●ome to the Age of 21 years, or be married, which ●hall first happen, according to the Statute in that ●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 ●● the said J. T. unto, according to her Power, ●● and Ability, and honestly and obediently in ●● things shall behave herself toward her said 〈◊〉 and Children, and all the rest of the Family ● the said E. H. And the said E. H. for h●r ●●● promiseth, covenanteth, and agreeth that she t●● said E. H. the aforesaid J. T. in the Art and Sk●● of Housewifry, the best manner that she can, ●● may, shall teach and inform, or cause to be taught and informed, as much as thereunto belongeth, a●● she the said E. H. knoweth; and also during ●● the said Term, to find unto her said Apprentice, Meat, Drink, Linen, Woollen, Hose, Shoes, W●●ing, and all other things needful or meet for ●● Apprentice. In Witness whereof, etc.  
Note, If it be a Boy that is to be bound Apprentice to Husbandry, or any other Trade, th●● he may be bound till 24 years of Age, as ●● showed before in this Chapter.   

CHAP. IU. Several Cases about Settlements, and also touching Bastards, etc.  
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, ●hat upon complaint by the Churchwardens, ●●d Overseers of the Poor, to any Justice of ●eace within forty days after any poor Person ●ometh to settle in a Tenement under 10 l. ●●r annum, two Justices of Peace, whereof one ●o be of the Quorum, may by Warrant remove ●●ch Person to the Parish where they were last ●●gally settled for forty days, unless they give security to be allowed by the said Justices for ●ischarge of the Parish: Persons aggrieved may appeal to the Quarter Sessions.  
But Persons having a Certificate from the ●inister of the Parish, and one Churchwarden, ●nd one Overseer of the Poor, declaring them inhabitants there, may go into any Parish to ●ork, and the not returning of such Persons, ●hen their Work is finished, or falling Sick whilst they are at Work, shall not be accounted Settlement: If any return to the Parish from ●hence they are removed, a Justice of Peace ●ay send them to the House of Correction, to ●e punished as Vagabonds, or to a public ●ork house to be employed in Labour: and if ●he Churchwardens and Overseers of any Pa●●sh to which any are removed, refuse to re●eive them, and provide them Work, etc. a ●ustice of Peace may bind over such Officers to ●he Assizes or Sessions.  
Churchwardens and Overseers for the Poor ●here any Bastard-Child shall be born, may 〈◊〉 so much of the Goods and Profits of the ●ands of the Putative Father and Lewd Mother, ●● two Justices of Peace shall order towards ●ischarge of the Parish, to be confirmed at the session's: who may make an Order for the Churchwardens, etc. to dispose of the Goo● by sale or otherwise as they shall think 〈◊〉 and receive the Profits of so much of the●● Lands, as shall be ordered by the Sessions.  
The Poor in every Town-ship or Village ●● Lancashire, Cheshire, Darbyshire, Yorkshire, N●thumberland, Bishopric of Durham, Cumberla●● and Westmoreland shall be provided for in t●● Township and Village where they inhabit, ●● were last legally settled: And two or more Overseers shall be chosen in every Township etc. who shall execute all powers for the ●elief of the Poor under the Penalties mentioned in 43 Eliz. c. 2.  
This Act of 13 & 14 Car. 2. c. 12. was ●● continue no longer than to the end of the firs● 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 fir●● coming to a Parish, do commonly conceal themselves, the forty days intended by the said Act to make Settlement, shall be accounted fro● 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 Beggar, aught to b● 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, than 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. ●. P. c. 73. f. 157. 39 El. c. 4. 1 Jac. c. 7.  
If a Scholar in the University, or in a Grammar School begin to be suspect, he may be, or ● he doth become impotent, and is like to ●e a Charge to the Parish where he is, he must ●e sent to his Parents if he have any, otherwise to the place where he was last legally ●●ttled before he came to School, Res. Judges 633. sect. 32.  
If one be Born, and live 20 years in A. and ●hen go to B. and there live in a House and pay ●is Rent, and after he come to C. and there ●orks 20 Weeks as a Labourer in a Quarry of ●ones, where he breaks his Back, and becomes impotent, and there is taken vagrant and begging, in this case he must be sent to A. the ●lace of his Birth, and there must be provided ●●r, Res. Judges, 14 Car. 1.  
If a Man that hath a Wife and Children, take ●● House in one Parish for a Year, and during ●is time he is illegally forced out of his Possession; then he takes an House as Inmate in another Parish, out of which he is put within two ●● three days, and then not having any place ●● be in, he gets into a Barn in the third place, ●●d there his Wife is delivered of another ●hild: In this case they are all to be sent to the ●arish out of which they were first illegally ●●rced, Resol. Judges 1633. sect. 24.  
One Born in D. left that place for the space ●● 20 years, then lived in S. took an House and ●●id Rend, and left that place also six or seven ●ears, and then came to L. in another County, ●nd there was twenty Weeks, did Work, and there became impotent, and did wander, a●● beg in the same place, and was taken as a Vagrant, and it was ordered he should be passe● and settled at D. where he was Born, by t●● Judges at Worcester Assizes, 14 Car. 1. Boulst. R●● 1 part, f. 375.  
No Child under the Age of seven years' sh●● be adjudged a Rogue within the Stat. 39 El. c. ● But it seems such Children vagrant and begging must be sent and placed with the Father ●● Husband of the Wife; and if he be dead, the with the Mother (where she was born, or 〈◊〉 dwelled by the space of one year) and such Children, once thus settled or placed, must the●e remain, and not be sent from thence to the●● place of Birth, though after their Parents die▪ or run away, or that the said Children gr●● above the Age of seven years, yea, though th● said Children after beg, and prove vagrant ●● the Town, for there they must be set to labo●● by the Overseers of the Poor, Dalt. J. P. c. 8●. f. 209.  
But Children above seven years of Age, going about vagrant, or begging in the Country, shall be punished as Rogues, and sent ●● their place of Birth, Dalt. J. P. ch. 83. 〈◊〉 209.  
The Wife being a Vagrant Rogue, must ●● sent to her Husband, though he be but a Servant in another Town; and where the Husband and Wife have an House, (though as an Inmate) and either of them Rogue about, i● this case they are to be sent to the place wher● the House is, Dalt. J. P. c. 83. fol. 209.  
The Rogue, whose place of birth or last dwelling cannot be known, having Wife and Children under seven years of Age, they must ●o with the Husband to the place where they ●vere last wilfully suffered to pass through without punishment, where the Children must be ●elleved by the Work of their Parents, though ●he Parents be committed to the House of Correction; and if the Rogue have Children above ●even years of Age, that Rogue about with him, ●hen they are to be sent to the House of Correction also with the Parents, and when they come out again, then to their several places of births, Dalt. J. P. c. 83. f. 206. and Shepherd's Guide for J. P. pag. 252. Res. etc. b.  
If I live in a House in A. there with my Children, but I work in B. where I am hired by the year, in this case my Children shall be in A. but ●f I have an House in B. they shall be placed there, Dalt. J. P. c. 73. f. 158.  
A. being a Wanderer with three Children born in three Parishes, comes to Dale with them to her Sister, and there dieth shortly after, here the Children must be settled in the several Parishes where they were born, and not in the Parish where the Mother died, Boulst. Rep. 2 part, 351.  
No Man is to be put out of the Town where he dwelleth, and is lawfully settled, nor to be sent to his place of byth', or last Habitation, but a Vagrant Rogue, not to be found by the Town, except the Party be imporent, but they ought to set themselves to labour, if they be able and can get Work; and if they cannot get Work, than the Overseers are to set them to work; and if in such case such Persons wander abroad begging out of the Parish, than they may be sent as Vagabonds (from the place where they shall be taken wand'ring or begging) to the place of their Birth, Dalt. J. P. c. 83. f. 209.  
If a Maid Servant be gotten with Child at ●● by her Fellow-Servant (or by another Man ●● the same Town) and after both their Service ended, they Marry, and then the young M●● is retained at B. and afterwards the Woman is delivered of her Child, in this case she wi●● her Child are to be sent to the Father at B. a●● there must be settled, Dalt. J. P. c. 73 f. 159.  
If any disturbance be made to any Settlement lawfully ordered by the Justices, either by the Constables refusing to receive and convey a Rogue where they ought to do it, or by the Churchwardens and overseers of the Poor in refusing such an one as is duly sent to be settle● there, in such case they forfeit 5 l. by the 39 El. c. 4.  
If a Woman unmarried be hired Weekly, Monthly, half Year, or Yearly, in one Parish, and there be gotten with Child, and then goeth it to another Parish, and there is settled in Service, or otherwise for two or three Months, and then she is discovered to be with Child, ●● this case she and her Child shall be settled i● the Parish where she than is, and must not be sent to the Parish whence she came, Resol. Judg●● 1633. sect. 12.  
If a Woman be delivered of a Bastard Chil● in one Parish, and then go into another Pari●● with her Child, in this case the Child after it is nursed, is to be sent to, and settled in the place where it was born, and not to remain with the Mother, Resol. Judges 1633. sect. 23.  
If A. have a Bastard Child by B. born in Dale, and the reputed Father marries another Woman, and they breed the Child 10 years in the Parish of Salt, and the Mother of the Child is in Service all this while, and a single Woman, the reputed Father dies; in this case the Child is to be sent to the Mother first, to be maintained by her, if she be able, and if not, it must be kept by the Parish of Salt, where it was settled with the Father 10 years, Boulst. Rep. 2 part, fol. 350.  
If a Woman have a Bastard Child, and is like to be chargeable to the Parish, and she is sent to the House of Correction for it (as she may be by Law) in this case it hath been questioned whether the Child must go with her, or remain in the Town where it was born, (or settled with the Mother) and there to be relieved by the Work of the Mother, or by Relief from the Reputed Father, upon the 18 El. and it seems most reasonable to be so; and yet the common opinion and practice is otherwise, (to wit) to send the Child with the Mother to the House of Correction: And this may also seem reasonable where the Child sucketh on the Mother, Dalt. J. P. c. 11. f. 41.  
If a Woman with Child be sent to the House of Correction, and there be delivered; the Child must be sent back to the Parish where the Woman came from, there to be relieved. Also if a Woman be travelling, and have her Child with her, and is apprehended and sent to the Goal, and there hanged for Felony, in this case the Child shall not be chargeable to the place where the Goal is, but to the place where it was born (if it can be known) otherwise to the place where the Mother was apprehended▪ and so was the opinion of Sir Nicholas Hi●● 3 Car. 1.  
The two next Justices (Quor. unus) in ●● next to the Limits where the Parish Church ●● may take order as well for the punishment o● the Mother, and reputed Father of a Bastard Child, as also for the Relief of the Parish whe●● it is born, by charging the Mother and Father with the payment of Money weekly toward the keeping of it, or otherwise: And if the Mother or Father perform not the Justice's order therein, they are to suffer Imprisonment without Bail, except he or she give Security ●● perform, or else to appear at the next Sessions, and abide the order of the Justices there, if any be made there; and if none be made, then ●● stand to the first order, Dalt. J. P. c. 11. f. ●▪ 18 El. c. 3.  
Note, That this Order may be made by any two Justices of the County (Quor. unus) as it ●● held by some, but most properly by the t●● next Justices, and the question must be abo●● such a Bastard Child as is like to be a charge to the Parish; and the Security must be give● to the Parish where the Child is born, to secure the Parish from the charge of the Child, or to keep the Child: it must be a Parish with in the County where the two Justices have power, and the Order must be certain how long the reputed Father must keep the Child, secure the Parish, etc. and it must be made against the Person that is suspected to have gotten the Bastard Child, and not against another Person to contribute towards it, because it was gotten in his House, etc. and the Order mus● express the Child by the Name of a Bastard Child, and not the reputed Child of such an ●●e; and the Justices for the better discovery of ●he Matter, may upon Oath examine the Mo●her herself concerning the reputed Father, ●he time, etc. Dalt. J. P. c. 11. fol. 40. 18 Eliz. c. 3. 7 Jac. c. 4. See Steels Rep. fol. 154, 245, 246, 247, 388. and see Pridgeons Case, Hill. 9 Car. 1. B. R. and Slaters Case, Pasch. 13 Car. 1. B. R. Cro. Rep. 1 part.   

CHAP. V The Overseers Office in making of Rates, and passing Accounts.  
THE Churchwardens and Overseers of the Poor, or the greater part of them (for ●he doing and performing of the things they have in charge) may raise weekly, or otherwise by Taxation of every Parson, Vicar, and other Occupier of Land, House or Tithes, Cole-mines, or saleable Underwoods', within the Pa●ish, Town, etc. such a Sum as they shall ●hink fit; and this Rate they must have allowed and confirmed under the Hands of two Justices (Quor. unus) and then by Warrant from ●hem, or any other two Justices (Quor. unus) ●hey may levy by distress and sale of the Goods of the Party refusing to pay the said Tax, rendering the overplus to the Owners, and ●n default of Distress, two such Justices may commit the Party to prison, there to remain without Bail till he be discharged by him, 43 El. ch. 2. Dalt. J. P. c. 73. f. 148. Wingates Stat. Tit▪ Poor People.  
Now these Rates ought to be well and tr●l● made, according to men's visible Estates, real ●● personal, within the place only, and not so any Estate elsewhere; at Lincoln Assizes, 9 Can. by Justice Hutton and Crook.  
Note, That a Parish in Reputation, shall be ● Parish within this Law: so that if A. be an ●●cient Parish that hath Officers in it, and the●● be a Town within this Parish, which for a lo●● time hath been used, and reputed as a Par●●● and hath all Parochial Rights, as Churchwardens, etc. here this place may be rated as ● Parish towards the Poor, Huttons Rep. fol. 93. ● M. 3 Car. B. R. Hilton & Paul's Case, Cro. 3 p●● Rep.  
This Tax must be set upon the Tenants and Occupiers of Lands; and nor upon the Land lords Living within or without the Parish; f●● the Tenant only is chargeable for the Land, B●●strods 1 part, Rep. fol. 354.  
The Parson having a full tenth Part of the Profits of the Place, may be rated to a tenth Part, Resol. Judges 1633. sect. 33.  
He that doth occupy Lands in his own Hands lying in several Parishes, he must be charged in every Parish for his Land lying therein, only according to the proportion thereof, and ●● more; but for his personal Estate it seems reasonable he should be charged for it in the place where his Person is: All Lands Ancient Demesn, Guildable and Copyhold, are to be charged with these Rates, which ought to be according to the value, or by the pound, and not according to the quantity, Sed consuetud● tollit Legem.  
The Rate for Stock or Goods is thought reasonable to be set after the proportion of Lands, (viz.) an 100 pound in Stock to be rated after 5 or 6 pound a year in Land.  
Note, That in some special Cases a Man may be rated beyond his Ability; as where one brings a Charge upon a Parish; or under any pretence brings in a Man that may be chargeable in a Parish, he may, if there be cause for this, be raised in his Rate to the full value of his Estate; and so was the Opinion of Sir Nicholas Hid, 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, etc. 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 A●● Stat. Tit. Poor People, Dalt. J. P. c. 73. f. 1●6.  
Head Officers in Cities and Corporate Town and Aldermen of London, have in their sever●● 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, etc. 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, grant●●● Warrants to levy Taxations, taking Accounts 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 en● 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 Money 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 Justice's 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 Money, 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, etc. 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 Money 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, rendering 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, etc. 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 employed 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 Privileged, 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 ●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 triple Costs, if unjustly vexed, Dalt. J. P. c. 112. f. 246. 17 Car. 2. 6. 19  
No Corpse shall be buried in any thing other than what is made of Sheep's Wool only, or be put into any Coffin lined or faced with any thing made of any material but Sheep's 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, 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, etc. 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, etc. if buried there, else to a Justice of Peace, who upon Certificate thereof from the Minister, etc. 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, etc. contrary to this Act, or that ordered the same: And if such Person were a Servant, and died in the Master's Family, the Master's Goods to be liable: And if such Person died in his Parent's Family, the Parent's 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, etc. 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 Judgement upon a Demurrer, he shall have triple 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 administered, not only by such Magistrates as aforesaid, but by any Parson, Vicar, or Curate in the same County, other than of the Parish or Chapel 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 , 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 nighttime any Coneys upon the Borders of Warrens, or other Grounds lawfully used for keeping of Coneys, except Owners, etc. or Persons by them employed, 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 recompense to the Owner:) And in default of payment thereof, he that takes or kills such Coneys, or useth Snares, etc. 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 Highways 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 Footway, called Iter, quod est jus eundi, ●●vel ambulandi hominis. Secondly, a Footway and an Horse-way, called actus, ab agendo, and this vulgarly is called a Pack or Drift-way, and ●s both a Footway and Horse-way. Thirdly, A Cart-way, etc. 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 twofold, viz▪ Via Regia, The King's High way for all Men, & communis Strata, belonging to a City or Town, or between Neighbours.  
It is called the King's Highway, for that the King at all times hath therein Passage for Himself and his People, and may punish all Nuisances 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 Chemise, 10, 11. & Leet 3. 27 H. 6 f. 9 8 H. 7. f. 5.  
The Highway is not only the Common Tract, where Carts, Carriages, and People have gone; but if the Way be Foundrous, thi● People cannot pass in the Common Tract, and there be outlets out of it, into the sol of another adjoining, the People may in such extremity use those outlets upon another's Soil, although it be sown with Corn: And that is, in such case, the King's Highway as well as the other; for the King's Subjects must have a convenient Passage, as was resolved in a Try●● at Bar against Sir Henry Du●comb, Tr. 10 Car. Rolls 1 part of Abridgement, fol. 390. Therefore where a Way goes through a Man's Land, and the Owner of the Land Fence it on both sides▪ he, by so doing, hath made himself liable to repair the Highway, and keep it passable; and it is not sufficient for him to keep it in ●● good repair, as it was at the time of the Enclosure; for by so doing he hath straitened the Highway, Dalt. J. P. c. 50. f. 98.  
The Constables and Churchwardens of every Parish shall yearly, upon Tuesday or Wednesday ●n Easter Week, call together a number of the Parishioners, and then make choice of two of the Parish to be Surveyors of the Highways the Year following, who shall forthwith take that Office upon them, on pain to forfeit twenty shillings a piece, 2 & 3. Ph. & Mar. c. 8.  
The Constables and Churchwardens are then also to appoint six days betwixt that and the ●our and twentieth day of June, for the amendnent of the High ways, and to give public notice thereof in the Church the next Sunday after, 2 & 3 P. & M. c. 8. & 5 El. c. 13.  
Highways 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 common High ways; but the Tenant who occupies the Lands is to be charged ●ill. 1● Car. 1. Br. in one Foster's Case, per Curiam, ●●lls Cases, 1 part, f. 390.  
All Fines and Forfeitures assessed in the Sessons, upon the Statute 5 El. about Highways, must be Estreated by the Clerk of the Peace, and must be leuled, accounted, and employed 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 Scouring their Ditches, etc. 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 Highways shall put in execution the Statutes for repairing and enlarging Highways, and levy the Penalties thereby imposed. And every Constable or Surveyor of the Highways neglecting so to do, or wilfully suffering any Wagons or Carts to pass through his Limits, with any more Horses or , 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 triple Costs.  
No travelling Wagon, Cart, etc. in which any Burdens shall be carried, (except Carts used about Husbandry, and carrying Hay, Straw, Co●● unthrashed, Coal, Chalk, Timber for Shipping or Building, Stones of all sorts, Ammunition o● Artillery for the King) shall be drawn, or go i● any Road or public High way, with above five Horse-beasts at length, and if any draw with more Horses or Oxen, he shall draw all two a● breast, except one Horse.  
Every Owner of any Wagon, Cart, etc. Horse ●r Beasts, shall forfeit for every Offence 40 s. one ●hird part to the Surveyors to amend the Ways; ●ne third part to the Overseers for the Poor; ●he last third part to him who shall discover ●he Offender.  
The Surveyor, where any neglect to come ●●d labour, shall complain thereof to the next ●astices, who upon Oath of one Witness, shall ●●●y for every days labour neglected 18 d. and ●or every Man and Horse 3 s. and for every Cart ●ith two Men 10 s. for each day neglecting, ●● Car. 2. c. 12.   

CHAP. II. ●●e Duty of the Surveyors about Setting and Calling the Parishioners to the common days works for the Highways, and about taking and diging for Gravel, Chalk, Sand, etc.  
THese Officers are to see that the Parishioners do their Work on the days appointed, and that according to these Rules following, ●iz. Every Person having in his own Occupation a Plough Land in Tillage, or in Pasture in ●●e same Parish, or keeping there a Plough or ●raught, shall find and send on every day to ●●e place appointed by the Surveyors, one ●ain or Cart provided, after the Fashion of ●he Country, with Oxen, etc. fit for the Carriage, and with necessary Tools fit for the Work, ●nd with two able Men, who are there to do ●●ch Work with their Wains, etc. as they shall ●e appointed (by the Surveyors) by the space of eight hours every of the said six days, on pain of 10 s. every day default is made, 2, 4 P. M. c. 8. Rastall. 199. Lamb. 459. Wingates Abr. Stat. Tit. Highways, Dalt. J. P. c. 50. f. 102.  
And every other Housholder, Cottager, and Labourer of the Parish, Town, etc. (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. Highways.  
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. Highways, 2, 3 P. M. c. 8. Dalt. J. P. c. 50. f. 100  
He that shall occupy a Blow land in Tillage or Pasture, lying in several Parishes, shall be chargeable only in the Parish where he dwelleth; and he that occupieth several Plowlands 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 Blow 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. Co. on ●it. f. 69. & vide Lamb. ver. Hid 35 H 6. f 29.  
And note, That a Blow land, or Carve of Land may cont●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 ●●nd, and no Plough, but doth suffer his ●and to lie fresh, yet he is to f●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; ●●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 ●o manage them, Vide D●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 ●o bring with them to the Highways; so that ●f a Man have one Plough and five or six Horses, ●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 Highways, take and carry away so much of the Rubbish, and smallest broken Stones already digged, of any Man's Quarry lying within the same Parish, without leave of the Owner, as they shall think needful, or gather the lose Stones lying dispersed in any Man's Grounds; but they may not without Licence dig in any Man's Quarry for new Stones, nor take the great Stones already digged; and if there be no such Rubbish to be found in any Man's Quarry within the said Parish, then may they enter into any Man's 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, etc. so that it be not i● 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 no● to make a Pit above ten yards in breadth ●● 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 th●● El. c. 13.   

CHAP. III. The Surveyors Duty about cutting down Bushes, Trees, and scouring of Ditches in the Highways; and also touching Presentments and Inquiries about Defaults, passing of Accounts, Travelling of Wagons, Wains, etc.  
IF the Owners of the Grounds, next adjoining to the Highways, do not keep their Hedges low, and cut down their Trees and Bushes growing in the same ways, they so forfeit shillings, Wingates Abr. Stat. Tit. Highways, 5 El. c. 13. 18 El. c. 10.  
And he that scours not his Ditches in the Ground next adjoining to the Ground that is next the Highways, to the end the Water may have the better passage out of the Highways, 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 Highway, and suffer it to lie there six months, he forfeits for every Load thereof 12 pence; and the Surveyors are to make Sluices where such Banks have been heretosore made, for carrying away the Water out of the Highway, 18 El. c. 10.  
Every Surveyor may cause any Watercourse, or Spring of Water in the Highway, (within their Parish) to be turned into another Man's several Ditch or Ground next adjoining 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 Forfeitures of the Act of the 18 El. c. 10. must be levied by the Surveyors for the time being, (by Warrant from the ●ustice● before whom the Party shall be convict) by Distress and Sale of Goods; which Forfeitures a●● to be employed towards the amendment of the Highways; 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. Highways.  
The Surveyors, or one of them, are to present to the next Justice of Peace every Default upon the 2 & 3 P. & M. c. 8. & 5 El. c. 14. with in one month after it shall be made, on pain o● 40 s. and the Justice is on pain of 5 l to certify 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 Pea●● in Sessions, upon his own Knowledge shall be ● good Conviction, whereupon the Justices in Session's, or any two of them (Quor. unus) may asse●● a Fine, as well as upon a Verdict of twelve Me● but in this case the Delinquent shall be admitted to his Traverse, as in other Cases, 5 El. c. 1● vide Rastal. 199.  
The Defaults and Offences upon these Statute 2 & 3 P. & M. 5 El. & 18 El. are inquirable b● the Justices of Peace in their Sessions, or b● Stewards in Leets, either of which have powe● to set Fines upon Offenders at their discretion's; of which Fines, indented Estreats (●● the Sessions under the Hand and Seal of t●● 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 Offender's live, 2 & 3 P. & M. c. 8. 5 El. c. 13. 18 El. c. 10. Wingates Abr. Stat. Tit. Highways.  
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 lawful demand thereof, he or they shall forfeit double so much; all which Fines and Forfeitures are to be employed, and bestowed towards the amendment of the Highways in the Parish where the Offences are committed, Wingates Abr. Stat. Tit. Highways, 2 & 3 P. & M. c. 8.  
The Balliff, or High Constable, shall yearly betwixt the first of March, and last of April, render ●o Account unto the Constables and Churchwardens, who have the other parts of the ●streats of the Fines, of what Money they have ●eceived, on pain of 40 s. and the said Constable's and Churchwardens have power to call the bailiff or High Constable before two or more ●●stices of the Peace (Quor. unus) to pass his Accounted, who have power to commit him, until he ●ave satisfied all the Arrearages by him received, save 8 d. in the pound for his own Fee, ●od 12 d. in the pound for the Clerk of the ●eace, or Steward of the Leet, and in this case the (●●cceeding Constables and Churchwardens have ●he same power as their Predecessors had, 2 & 3 ●●. & 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 Churchwardens, 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 Highways, 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 Highways in the Wild of Sussex, Surry and Kent, used for Iron Works. Stat. 37 H 8. c. 3. For Huntingdon Lane near to Chester. Stat. 14 H 8. c. 6. & 26 H. 8. c. 7. For laying out new Highways in the Wild of Kent or Sussex. Stat. 1 P. & M. 2. c. 5. for the Causeway between Dorchester and Sherborn. Stat. 18 El. c. 10. about the King's Ferry in Kent.   

CHAP. IU. Some Heads of the Stat. 22 & 23 Car. 2. c. 17. concerning the Ways, Sewers, Pavements, etc. in London, and the Scavengers Office.  
BY the Stat. of 22 & 23 Car. 2. A Clause ●o a late Act of Parliament, Entitled, A● 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 ou● by Persons appointed by the Mayor, aldermans 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 empowered 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, aldermans and Commons in Common Council shall appoint, or seven or more of them being all Members of the said Court. And Persons employed in any of the said Works, are enjoined 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 employed 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 adjoin 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 Scavenger's 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, rendering the overplus, besides the reasonable Charge of distraining: And the Money 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, etc. shall upon proof that such grievance is unreformed, receive directions from the Persons so to be authorized, or seven or more 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, aldermans and Commons in Common Council may set out and purchase Ground for Laystals, and places for public Stores, for receipt of Dirt and Rubbish carried out of the City, and for other Materials and Commodities. The Money for the same to be paid out of the moneys arising by the Imposition upon Coals appointed for public Uses of the City, other than the Money 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, etc. or cleansing, etc. Streets, Lanes, etc. 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 thrown, Ashes, Filth, or Annoyance before his House, Building or Wall, shall forfeit 5 s. If before any Church, Church yard, or public Buildings, or into any Sink, or Way, public 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, Housekeepers of Whitehall, or other the King's Houses, or of Nobleman's Houses, shall be subject to like Penalty; so shall Ushers of Courts, and Porters, and Keepers of other public Buildings.  
Scavengers and Officers shall come every day (except Sundays and Holidays) and give notice that the Parties concerned may bring out their Dust, etc. or forfeit 40 s. for every neglect.  
Every Housholder shall pave, and keep repaired the Streets before their Houses and Ground unto the Channel, 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-Sessions shall think fi● 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 choose 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 choose 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, etc. 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 Money by them Collected, to two Justices of the Peace, within twenty eight days after new Scavengers are Elected, and to pay what Money 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-Sessions, or any two of them, to lodge their Soil in such vacant places near the Streets or Highways, a● 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 Highways 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 Money so collected, to be employed as the Justices shall direct towards repairing the said Highways.  
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 Wagon, 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 Wagon 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, than 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, Chappelwardens, Overseers of the Poor, Constables, Beadle's, Head-boroughs or Tythingmen of any the Parishes in the said Cities and Places respectively, in the daytime, with a Warrant under the Hand and Seal of the Lord Mayor, or any other of their Majesty's 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 distribute the Money 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 King's Highway 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, than ●o●● 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 Money 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 Highways by the space of 300 Foot next adjoining 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 itself, 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 reform 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 ●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, etc. 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 Money 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 Money therein contained, and if refusal be made upon demand, then to distrain, and sell such Distress, rendering 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 moneys 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 Expenses of the said Sums of Money, and if any of them refuse so to do, than 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 Session's 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, than 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 ●ound to repair Bridges, Ratione tenurae su● Ter●●am, etc. and this was binding, into whose Hinds soever the Estate did come; but they which have Lands on the one side, or on the ●ther, or on both, are not bound in Common ●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, ●●ght to repair a Bridge by tenure of the same, ●o allen 20 Acres thereof to one Man, and 10 acres to another Man, in such case every Owner ●● Occupier of such Lands must be charged proportionably for their said Lands, Regist. 268. ●. ●. N. B. 235. b. Co. 2 part, Inst. f. 700.  
Again, Some by the Common Law were bound ●y prescription to repair a Bridge; but herein here is a diversity between Bodies Politic or Corporate, Spiritual or Temporal, and Natural Persons: For Bodies Politic, etc. 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 King's 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 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 Man's Land or Soil adjoining, 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 (though the Soil be to another) and if the ends be broke● by the Watercourse, he must follow the Watercourse, and repair the Way, etc. 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 Why, 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 Highways, 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 Highways, having respect to the Season of the Year and Wether, and giving notice publicly 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 Privilege, 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 than 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 seized into the King's Hands, until they make Fine for the Offence; and if a Merchant sell Ware after the time the Fair aught 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-over●, 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 Sunset 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, etc. 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, etc. and also the same Horse, Mare, etc. so sold, exchanged, or put away, and then the Toll gatherer must write in his Book the Names, Surnames, and dwelling Places of all the said Parties, and the Colour, with one special Mark at the least of the said Horse, Mare, etc. on pain to forfeit for every Default 40 shillings, 2 & 3 P. & M. c. 7. Co. 2 part, Inst. f. 7●5.  
And the said Toll gatherer is within one day after the Fair, etc. to bring his Book to the Owner, Governor or Ruler, etc. 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, etc. 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 Tollgatherer neglect to bring the Book, as aforesaid, 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 entering 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, etc. 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 testify his Knowledge of the Seller, and the Toll-taker, or Book keeper, is to enter both the Names and Surnames, Mysteries, and Places of Dwelling of the Seller and Voucher into his Book, with the Colour, Mark and Price of the Horse, Mare, etc. 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 entered 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, etc. to be void, 31 El. c. 12. Co. 2 part, Inst. f. 718.  
And note, That though an Horse, Mare, etc. be at the sale used in all the Points aforesaid, with Voucher, etc. yet the right Owner, his Executors or Administrators, may redeem a stolen Horse, if they claim him within six months 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, testify he paid for him, 31 El. c. 12. wingates Stat. Tit. Fairs and Markets, Co. 2 part, Inst. f. 718.  
If a stolen Horse be not sold in Fair or Market, according to the Rules aforesaid, than 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 King's House, or others authorized to mark or seal Measures, ●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 King's Clerk of the Market of his House take more than his Fees, or if any other take above one penny for sealing a Bushel, one half penny 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 Marketplace, 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 moneys collected for the Relief of poor maimed Soldiers and Mariners: And these Treasurers, by the Words of the ●●ture, aught to be Subsidy Men of 10 pounds ●● 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 ●ooms, 43 El c. 3. Wingates Stat. Tit. Captains.  
Now for the raising of Money 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 ●elief of maimed Soldiers and Mariners, so ●hat no Parish pay Weekly above 10 pence, no●●nder 2 pence; nor any County, which consists ●f above 50 Parishes, pay above 6 pence, one ●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 ●●e Treasurers of the County, at the same Quar●er Sessions all the same Money; and if the Constables or Churchwardens, their Executors, etc. fail in the payment, to the High Constable, within the time aforesaid, than they are to forfeit 20 s. and if the High Constable fall to pay the Treasurers every Sessions, than he forfeits 40 s. which Forfeitures, as it seems, the Treasurers may levy by Distress and Sale of the Offenders Goods, without any Warrant, rendering the overplus to the Owner: And these Forfeitures are to go in Augmentation of the Treasurer's Stock, 43 El. c. 3.  
The maimed Soldier or Mariner which was Pressed, shall repair (if he be able to Travel) to the Treasurers of the County where he was Pressed; if he were not Pressed, then to the Treasurers of the County where he was Born, or were he last dwelled 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 allo● him a Pension, which the Treasurer's mu●● pay him quarterly, until it shall be revoked o● altered by the said Justices; and this Allowance is not to exceed 10 l. per annum to a Commo● Soldier, nor 15 l. to an Officer under a Lieutenant, nor 20 l. to a Lieutenant, 43 El. c. ● 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 obtained 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 ● 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 Pressed, a fit Pension cannot be satisfied, it shall then be supplied by the County where he was born, or else where he last dwelled 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 ●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 u● a just Account to the succeeding Treasurer's o● all their Receipts and Disbursements within the time of their Office; and than if they have any Money in their Hands, they are to deliver it to their Successors; and if any such Officer▪ his Executors or Administrators shall not giv● up such Account within the time aforesaid, o● shall be otherwise negligent in the Execution of his Office; The Justice● at the Session's ma● assess what Fine they please upon him; so tha● it be not under five pounds, but what the● please above five pounds upon him, his Executors or Administrators, Wingate, ubi supra 43 El. c. 3.  
In Corporations, the Justices there are t● put this Act in Execution, and not the Justices of the County: This Act is not to prohibit the City of London to make a Tax if ne● require, differing from that above limited i● this Act, so that no Parish pay above thre● shillings Weekly, nor under twelve pen● Weekly, one Parish with another, 43 El. c. 3.  
FINIS.