A NEW GUIDE FOR CONSTABLES, Headboroughs, Tythingmen, Churchwardens, Overseers and Collectors for the Poor, Surveyors for Amending the Highways and Bridges, with Directions for Keepers of Fairs and Markets, and Treasurers for the Relief of poor Maimed Soldiers and Mariners. Containing not only whatsoever may be useful to them in the Execution of their several Offices, that is already Extant in any BOOK of this Kind. But also The Heads of all those Statutes which do concern any of the said Offices that have been since made in the Reigns of the late King Charles, King James, and their present Majesties, King William and Queen Mary; being the most Complete of any Work of this Nature. Collected by J. P. Gent. London, Printed by the Assigns of Richard and Edward Atkins Esquires, And are to be sold by most Booksellers in London, 1692. The CONTENTS of the CHAPTERS. Chap. 1. OF the Original, Office and Jurisdiction of High Constables, Petty Constables, Headboroughs, Borsholders and Tythingmen. Page 1. Chap. 2. The Constable's Office about Affrays. 9 Chap. 3. The Constable's Office about Alehouses, etc. 12 Chap. 4. The Constable's Office about Arms, etc. 15 Chap. 5. Articles which the High Constables are to return the Justices at their Sessions, or their Monthly Meetings in their Divisions, and to cause their Petty Constables, etc. in their several Liberties to make Return thereof unto them. 17 Chap. 6. The Constable's Office about Foreign Bonelaces, Cutwork, Embroidery, etc. and French Goods. 19 Chap. 7. The Constable's Office for providing necessary Carriages for his Majesty, etc. 23 Chap. 8. The Constable's Office about Irish . 27 Chap 9 The Constable's Office about Conventicles. 30 Chap. 10. The Constable's Office about Clothiers. 32 Chap. 11. The Constable's Office about the Customs. 34 Chap. 12. The Constable's Office about Setting-Dogs, etc. 35 Chap. 13. The Constable's Office about Escapes and Arrests. Ibid. Chap. 14. The Constable's Office about Excise. 37 Chap. 15. The Constable's Office about Fish. 38 Chap. 16. The Constable's Office about forcible Entries, etc. 40 Chap. 17. The Constable's Office about Hedge-breaking, etc. ibid. Chap. 18. The Constable's Office about Stoned-Horses. 43 Chap. 19 The Constable's Office about Hue and Cry. 44 Chap. 20. The Constable's Office about Labourers, etc. 46 Chap. 21. The Constable's Office about Malt-making 48 Chap. 22. The Constable's Office about disturbing 〈◊〉 Ministers. 49 Chap. 23. The Constable's Office about Moss-Trooper● 5● Chap. 24. The Constable's Office about the Peace. 5● Chap. 25. The Constable's Office about Physicians. 5● Chap. 26. The Constable's Office about the Plagu● ibid. Chap. 27. The Constable's Office about conveying Prisoners to the Goal. 5● Chap. 28. The Constable's Office about Quarter Mon●●● for Maimed Soldiers, Prisoners, etc. ●● Chap. 29. The Constable's Office about Popish Rec●sants. 5● Chap. 30. The Constable's Office about distraining for Rent. 6● Chap. 31. The Constable's Office about Riots a●● Routs. 6● Chap. 32. The Constable's Office about Rogue's a●● Vagabonds. 6● Chap. 33. The Constable's Office about keeping t●● Sabbath. 7● Chap. 34. The Constable's Office about profa●● Swearing. 7● Chap. 35. The Constable's Office about Tobacco Planting. 7● Chap. 36. The Constable's Office about Weights and Measures. 77 Chap. 37. The Constable's Office about Watches. 78 Chap. 38. The Constable's Office about Executing Warrants. 80 The Contents of the Chapters in the Churchwardens Office. Chap. 1. THE Antiquity of the Churchwardens Office, and how they are to be chosen. 85 Chap. 2. The Churchwardens Office about Profanation of the Sabbath, and of the Church 88 Chap. 3. Some few Cases concerning Actions for, and against Churchwardens. 90 Chap. 4. The Churchwardens Office about disposing of Seats in the Church. 93 Chap. 5. The Churchwardens Office about Reparations and Rates. 95 Chap. 6. Some Cases wherein the Churchwardens are equally concerned with the Constables and Overseers of the Poor. 99 Chap. 7. The Churchwardens Office about passing Accounts, together with the Heads of most of the things which they are to present in the Visitation Court. 101 The Contents of the Chapters in th● Office for Overseers of the Poors. Chap. 1. OF the Antiquity of these Officers, 〈◊〉 their Qualifications, and how, an● when to be chosen. 10● Chap. 2. Of the several sorts of Poor People, a●● what Poor the Overseers are to provide for, a●● relieve, or to set to work. 10● Chap. 3. The Duty of the Overseers about putting forth, and binding of Apprentices, with th● Form of the Indenture for that purpose. 11● Chap. 4. Several Cases about Settlements, and al● touching Bastards, etc. 11● Chap. 5. The Overseers Office in making of Rate●● and passing Accounts. 12● Chap. 6. The Overseers Duty about Weights an● Measures, and Burying in Woollen. 13● The Contents of the Chapters in th● Office for Surveyors of Highways, etc. Chap. 1. HOW many Sorts of ways there are of the Choice of these Officers, wit● some few General Cases concerning Highway 13● Chap. 2. The Duty of the Surveyors about Settin● and Calling the Parishioners to the common day● Works for the Highways, and about taking an● digging for Gravel, Chalk, Sand, etc. 14● Chap. 3. The Surveyors Duty about cutting dow● Bushes, Trees, and scouring of Ditches in th● Highways; and also touching Presentments an● Inquiries about Defaults, passing of Accounts, Travelling of Wagons, Wains, etc. 147 Chap. 4. Some Heads of the Stat. 22 & 23 Car. 2. c. 17. concerning the Ways, Sewers, Pavements, etc. in London, and the Scavengers Office. 150 Chap. 5. 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. 153 Chap. 6. Several Cases about the Repairs of Bridges, with the Names of the Statutes which concern particular Bridges. 158 directions for the Keepers of Fairs and Markets. 164 directions to Treasurers, for the Relief of Poor Maimed Soldiers and Mariners. 169 THE DUTY OF CONSTABLES, etc. CHAP. I. Of the Original, Office and Jurisdiction of High Constables, Petty Constables, Headboroughs, Borsholders and Tythingmen. THE S●xon Christian King Alfred (King of England) for the more peaceable Government and Ease of his Subjects, divided this whole Realm of England first into Shires, than caused those Shires to be subdivided into Hundreds, Rapes, Ridings, Wapentakes; and divided these also into tithings, Leets or Boroughs, and in all these Divisions were appointed Officers for the better preservation of the Peace, such are High Constables, Petty Constables, Headboroughs, Borsholders and Tythingmen; the Office of all these latter, is one and the same, only different in Title, according to the Custom of the Country; in Middlesex, besides the High Constables of the Hundreds, they have Petty Constables and Headboroughs in the respective Parishes, and they are in number more or less, according to the greatness or smallness of the Parish; in Kent these Petty Officers of the Parishes are called Borsholders; but in Hampshire, and all the Western Parts, Tythingmen, and their Divisions of Parishes, tithings; in Sussex the Hundreds are called Rapes; and in the North, Ridings and Wapentakes. There was anciently in England, a great Officer called the High Constable of England, and he kept an Office (which is supposed to come hither with William the Conqueror out of Normandy) or Court, called the Constable's Court, or the Court of the High Constable, wherein he had Authority to hear and determine Contracts, touching Deeds of Arms out of the Realm, and to determine all things concerning War within the Realm; as Combats, Blazon, Armoury, etc. but not to deal with Battle in Appeals, that belonging to the Common Law of the Land. Amongst the rest of the Conqueror's Laws, this is one, That if a Frenchman do Appeal an Englishman of Perjury or Murder, the Frenchman may defend himself by Battle, Which in English was then called Earnest, which Word we yet retain; and the Officer to see this performed, was the High Constable; but this Officer, Court and Practice, is long since dissolved. The Etymology of this word Constable, proceeds from the old word Cunning or Cyng, and Staple or Stable; the word Cunning or Cyng, signifies a King, and Stable, a Stay or Prop; which is as much as to say, the stay or Prop of the King; that great Officer the Constable of England, having that Title given by reason of the great Authority that he had, was a principal Prop or Stay unto the King's Government; from whence is this Title and Office of this Lower Constableship derived and continued (though with lesser Authority unto this hour) and is a Branch of that Original. By the Statute of Winchester, made in the time of King Edward the First, these Constables of Hundreds were appointed to keep Watching and Warding, for the better keeping of the Peace, and prevention of Thieveries and Robberies, and apprehensions of Felons and Rogues, etc. and that the High Constables in every Hundred and Franchise, should take the view of Armour, etc. Hereby it appears, that the Name of a Constable in an Hundred or Franchise, is an Officer to assist and support the King's Majesty in the Maintenance and Preservation of his Peace, within his Hundred or Franchise, and he is called the High Constable, in respect of the Constables or Petty Constables, and Headboroughs or Tythingmen, which be in the respective Towns, Villages, Parishes, or Precincts within his Hundred or Franchise under his Jurisdiction; and it is also the part and duty of these inferior Officers to execute the High Constable's Office in his absence, in maintaining and keeping the Peace in their several tithings and Limits, and in the High Constable's presence to be aiding and assisting unto him. The High Constables of every Hundred, or Rape, or Riding, are chosen by the Justices in each County, most usually at their General Quarter Sessions, or in their several Divisions. From the Justices they receive their Authority, and are by them again discharged of their Office as they shall see cause. At the entrance into their Office they take an Oath, the usual Form whereof followeth. The High Constable's Oath. YOU shall swear, That you shall well and truly serve our Sovereign Lord the King, in the Office of a Constable. You shall see and cause His Majesty's Peace to be well and truly kept, and preserved according to your Power. You shall Arrest all such Persons as in your sight and presence shall ride or go armed offensively, or shall commit or make any Riot, Affray, or other Breach of His Majesty's Peace. You shall do your best endeavour (upon complaint to you made) to apprehend all Felons, Barrators, and Rioters, or Persons riotously assembled: and if any such Offenders shall make resistance [with force] you shall levy Hue and Cry, and shall pursue them until they be taken. You shall do your best endeavour, that the watch in and about your Hundred be duly kept, for the apprehending of Rogues, Vagabonds, Nightwalkers, Eavesdroppers, Scouts, and other suspected Persons, and of such as go armed, and the like; and that Hue and Cry be duly raised and pursued according to the Statute of Winchester, against Murderers, Thiefs, and other Felons; and that the Statutes made for the punishment of Rogues and Vagabonds, and such other idle Persons as come within your Bounds and Limits be duly put in Execution▪ you shall have a watchful Eye to such Persons as shall maintain or keep any Common House or Place, where any unlawful Game is or shall be used; as also to such as shall frequent or use such Places, or shall use or exercise any unlawful Games, there or elsewhere, contrary to the Statutes. At your Assizes, Sessions of the Peace or Leet, you shall present all and every the Offences done contrary to the Statutes made 1 Jacobi, 4 Jacobi, and 21 Jacobi Regis, to restrain the inordinate haunting and tippling in Inns, Alehouses, and other Victualling houses, and for repressing of Drunkenness; you shall there likewise true Presentment make of all Bloodsheddings, Affrays, Outcries, Rescous, and other Offences committed or done against the King's Majesty's Peace within your Limits: you shall once every Year, during your Office, present at the Quarter Sessions all Popish Recusarts within your Liberty, and their Children above nine, and their Servants, (scil. their Monthly Absence from the Church) 3 Jac. 4. You shall well and duly execute all Precepts and warrants to you directed from the Justice of the Peace of this County, or higher Officers; you shall be aiding to your Neighbours against unlawful Purveyances: in time of Hay or Corn-harvest, upon request, you shall cause all Persons, meet, to serve by the day for the Mowing, Reaping, or getting in of Corn or Hay; you shall in Easter Week cause your Parishioners to choose Surveyors for the mending of the Highways in your Parish or Liberty; and you shall well and duly according to your Knowledge, Power, and Ability, do and execute all other things belonging to the Office of a Constable, so long as you continue in the said Office. So help you God. In this Oath is briefly comprehended the whole Duty of a Constable, and the principal Matters of his Office at large. The Form of the Petty Constable or Tything-mans', etc. Oath runs thus. YOU shall Swear, That you shall well and truly execute the Office of a Tythingman of the Tything of H. (or Headborough, etc.) His Majesty's Peace in your own Person you shall keep, and see it kept in all others, as much as in you lieth. In the presence of the High Constable, you shall be aiding and assisting unto him; and in his absence you shall execute his Office, and do all other things belonging to your Office, according to your Knowledge and Power, until another be chosen in your room, or you be legally discharged thereof. So help you God. There are in several Counties of this Realm other Officers; that is, by other Titles, but not much inferior to our Constables; as in a Thirdborough, and in other places a Borough-head, in others a Chief-pledge. The Authority of these (as I said) is much like that of the Constables: but yet the Office of the Constable is distinct, and of greater Authority and Respect than these. But in Towns where there be no Constables, and that the only Officers for the Peace, there be Headboroughs, Thirdboroughs, Borsholders, or such others; and in such cases where their Power and Authority is declared to be equal with the Constable; in all such things their Office is all one in a manner: and divers Statutes do appoint Offenders to be punished by the Constable, or other inferior Officers, which must needs be the Tythingmen, etc. 1 Jac. cap. 7. 12 H. 7. f. 8. The High Constables of Hundreds, are Conservators of the Peace within their several Hundreds and Franchises at the Common Law. Brook Peace 13. Fitz. 127. All Petty Constables by virtue of their Office, within their several Liberties of their several Towns, are Conservators of the Peace at the Common Law. Bacon's use of the Law ●, 6. In ancient time High Constables of the Hundreds, and Petty Constables in every Town, were yearly appointed by the Sheriff in his Turn, and were there sworn. Direct. Judges 29. Constables lawfully chosen, if they shall refuse to be sworn, the Justices of the Peace may bind them over to the Assizes or Sessions of the Peace, and for such his Contempt, he is there to be indicted, fined, and imprisoned. Coke 8.43. Every Person that is chosen to be a Constable, aught to be idoneus Homo, a Man apt and fit for the Execution of the said Office: and to be idoneus Homo, the Law requireth in him three qualifications, viz. 1. Honesty: to execute his Office truly, without Malice, Affection or Partiality. 2. Knowledge: to understand his Duty wh● he ought to do. 3. Ability: as well in Estate as in Body, tha● so he may attend and execute his Office diligently, and not neglect the same through Wan●● or Impotency. For such as are chosen out of the meane●● Sort, are either ignorant what to do, or stand in awe of the greater; so that they dare no● do what th●y aught, or else are not able to spare time; therefore they ought to be chosen out of the better sort of Parishioners, and not either by the House, or other Custom. If a Man be chosen Constable, not able and qualified as aforesaid, he may be discharged of his said Office by Law, and another fit Man appointed in his place. Co. 8.42. If Leets choose unable or unfit Petty Constables, it is cause of Forfeiture of the Leet, and such choice is void. 14 Car. 2. c. 12. Two Justices of the Peace may appoint and swear new Constables, Headboroughs, etc. in case of death or removal of such Officers out of the Parish. And if in default of holding Court Leets they continue above the Year, they may be discharged at the Sessions, and others put in. Idem Stat. Constables, Headboroughs and Tythingmen, which are out of Purse for their Charges, they may with the Churchwardens and Overseers of the Poor, and other Officers of the Parish, make Rates upon all Occupiers of Lands and Inhabitants, and all others chargeable to the Poor, by the Stat. 42 El. which being confirmed under the Hands and Seals of two Justices of the Peace, may by their Warrants be levied by distress and sale of the Goods of such as refuse to pay the same. I shall now set forth every particular Branch of the Constable's Office, and of the Tythingmen, Headboroughs, and Borsholders: their Duties are the same in effect, and their Authority; yet the later are inferiors to the former. CHAP. II. The Constable's Office about Affrays. IF one makes an Affray, or Assault upon another, in a Constable's presence, or in his presence shall threaten to kill, beat or hurt another, or shall be in a Fury ready to break the Peace. In these Cases, the Constastable may commit the Offenders to the Stocks, or to some other safe Custody for the present, until such time as he can carry them before some Justice of the Peace, or to the Goal, until they shall find Sureties for the Peace. The Constable may take Security for the Peace, by Obligation to be sealed and delivered to the King's use, which Bond the Constable was to send to the Exchequer or Chancery, from whence the Process should issue to levy the Debt to the King's use, if the Peace were broken. This was the Opinion of three of the Judges of the Common Pleas in Skirrets Case, Trin. 35 Eliz. Com. Banc. Rot. 1458. But Anderson Chief Justice said, That the Constable ought to carry the Party, that he should see breaking o● the Peace, before a Justice to find Sureties so●● the Peace which is the usual Practice at this day. 3 H. 4. 9 & 10. Bacon's use of the Law, fol. 5. Dalt. J.P. c. 1. fol. 4, 5. Dalt. J. P. c. 8. fol. 33. The Constable, where he seethe an Affray made, or such as are about to make an Affray, aught to command the Affrayers, in the King's Name, to surcease, and departed on Pain of Imprisonment; and if a Constable being present at an Affray, doth not his best endeavour to part them, it being presented by the Jury at the Sessions of the Peace, such Constable may be fined for it. 3 H. 7. 1. 3, H. 7. 20. Lamb. 136. 38. E. 3. 8. Dalt. J. P. c. 8. fol. 33. If any be dangerously hurt in an Affray, the Constable, or any other may stay the Offender, and carry him to a Justice of Peace, who is either to Bail him till the next Goal delivery, or to commit him to the Goal, until it be known whether the Party hurt will live or die thereof. Lamb. 135. 1 H. 7. 7. 3 H. 7. 10. If Affrayers will not departed, but do draw Weapons, or give any Blow, the Constable may command Assistance of others to cease the Affray; and if they make resistance, may justify the bearing, and wounding of them: and if either the Constable, or any of his Assistants be killed, it is Murder in the Affrayers. Lamb. 135. 7 E. 3.19. Where there is a great and dangerous Affray, the Constable may make Proclamation in the King's Name, that the Affrayers shall keep the Peace, and departed. And if the Affray be in a House, the Constable may break into the House (if the Doors be shut) to see the Peace kept, though none of the Parties have taken any hurt; and if the Affrayers fly into another Man's House, the Constable upon fresh pursuit may break into such House, and apprehend them. Dalt. c. 8. fol. 34. etc. 118. fol. 340. Cromp. 146. b. & 172. b. Where the Affrayers fly into another County, the Constable seeing it, may freshly pursue, or cause them to be pursued, and taken there: and then the Constable may carry them before some Justice of Peace, of the County where they are taken, to find Sureties for the Peace. And if they fly into a Franchise, only within the same County where the Affray was, the Constable (seeing this) may freshly pursue them, and take them out thence. Dalt. J. P. c. 8. f. 34. 38 H. 8. After the Affray is over, the Constable cannot Arrest the Affrayers without a Warrant; except some Person hath received such hurt there, that he is in danger of death. But before the Affray begun, and at the time thereof, he may Arrest them without a Warrant. Dalton ibid. It is not properly an Affray, unless some blow be given or offered to be given; for hot words is no Affray, neither can the Constable apprehend them for Words, unless they threaten to kill, beat, or hurt one another; in such Case the Constable may take such Persons and carry them before a Justice to find Sureties for the Peace, and yet such Threatening is no Affray If an Affray, or an Assault be made upon the Constable himself, he may not only defend himself, but may also put the Parties offending in the Stocks till such time as he can carry the● to a Justice of Peace, or to the Goal; an● if he be not able to arrest them himself, h● may then call others to his Assistance, wh● may justify to arrest the Offenders, Dalt. c. 8▪ fol. 35. 5 Hen. 7. 6. CHAP. III. The Constable's Office about Alehouses, etc. IF any one keep an Alehouse, or sell Beer or Ale without Licence, he forfeits 20 s. to the use of the Poor, to be levied by distress and sale of the Offenders Goods, by the Constable and Churchwardens, by Warrant from a Justice of Peace, before whom the Offence i● proved; which Goods are to be sold within three days after the Distress taken, and the Overplus to be returned, if any be: and in default of Distress, the Delinquent is to be openly whipped by the Constable. If the Constable refuse, or neglect to execute his Warrant, he forfeits 40 s. to the Poor; and the Justice may commit the Constable to the Goal, until he causeth the Offender to be whipped, or payeth the 40 s. to the use of the Poor, 3 Car. 1. c. 3. Dalt. J.P. c. 7. f. 31, 32. If a common Inn keeper or Alehousekeeper refuseth to lodge a Traveller, he proffering to pay ready Money for his Victuals, etc. the Constable may cause such an inn keeper or Alehousekeeper, to be indicted at the Sessions or Assizes, where he may be fined and imprisoned, or the Party grieved may have his Action of the Case against the Innkeeper or Alehouse keeper. But they are not bound to lodge, or find Victuals without ready Money first paid, if it be required, Co. 9 lib. Rep. fol. 87. b. 10 H. 7. 8. Daltons' J.P. c. 7. f. 28. In the Condition of the Recognizance, which every Alehousekeeper enters into, that is licenced to sell Drink, it is one Clause, That he shall keep one or more spare Beds for lodging of Strangers. Were this well looked into, in and about London, abundance of forfeited Recognizances would be found; and a great many lazy Knaves, that Live at their Ease, by selling Drink, might be set to work for their live. They are bound likewise not to suffer any Gaming in their Houses or Backsides, which now is the main Prop of most of them; and there they draw in Apprentices, and Servants, to their ruin: were they punished according to the Statute for this, these Caterpillars would not swarm so thick as they do. If any Innkeeper, Alehousekeeper, or Victuallers do sell less than a full Ale Quartfield of the best Ale or Beer, or two Quarts of the small for one Penny, he forfeits 20 s. for every Offence. If he suffers Townsmen, or others, to sit tippling in his House, he forfeits 10 s. for which the Constables and Churchwardens, upon a Warrant from a Justice of Peace, aught to distrain and levy the Forfeitures, according to the Statute; and if there be no Distress to be found, or if the Officers neglect within 20 days to certify the same Default to the Justices, the Officer forfeirs 40 s. to the use of the Poor, to be levied by Distress on their Goods, by Warrant made to any indifferent Person, from any one or more Justices of the Peace, under their Hand and Seal. And, for want of Distress, the Justice may commit the Offenders to the Goal, there to remain till they have paid the said Forfeitures. In all these Cases, the Distresses are to be kept six days, and if the Parties do not pay the Forfeitures within that time, than the Distress is to be apprised and sold, and the Overplus returned to the Owners, if any be, 1 Jac. c. 9 1 Car. 1. c. 4. If the Constable, or other Officer of the Parish, neglect to serve the Justices Warrant against Townsmen, or others, for Tippling in any Inn, Alehouse, or Victualling-house, or against Men for being Drunk, viz. for Tippling, 3 s. 4 d. and for being Drunk, 5 s. to be levied by Distress on the Offenders Goods, and sale thereof after six days default of payment, rendering the overplus to the Owner, and for want of Distress, and not able to pay, the Tipler is to be set in the Stocks four hours, and the Drunkard six hours; and if in any of these cases the Constable neglect to do his Duty, he forfeits 10 s. to be levied by Distress and Sale of his Goods to the use of the Poor. These Offences are to be enquired after within six Months after they are committed, and the Constables, and other Officers of the Parish may be charged upon their Oaths to present them. 21 Jac. c. 7. Dalt. J.P. c. 7. f. 28. CHAP. IU. The Constable's Office about Arms, etc. IF any Person shall ride, or go armed offensively before the King's Justices, or before any other the King's Officers or Ministers during their Office, or in Fairs or Markets, or elsewhere, by Night or by Day, in Affray of the King's People, and Breach of the Peace; or wear, or carry any Guns, Daggers, or Pistols charged; in such case the Constable upon the sight hereof, may seize and take away their Armour, and other Weapons, and cause them to be apprized, and answered to the King as forfeited, and carry them before a Justice, to find Sureties for the Peace, 2 E. 3. c. 3. 7 R. 2. 13. Co. 3. part Inst. fol. 162. Dalt. J. P. c. 9 fol. 35, & 159. But the King's Servants in his Presence, Sheriffs, and their Officers, and other the King's Ministers, and such as be in their Companies assisting them in their Office, and all others pursuing Hue and Cry, where any Felony, or other Offences against the Peace be committed, may lawfully bear Armour or Weapons, 2 E. 3. c. 3. All High Constables, Petty Constables, and other Officers within their several Parishes, are to be aiding and assisting to such Persons as shall have Warrants from the Lord Lieutenants, or any two of their Deputies, under their Hands and Seals, to search for, and seize all Arms in the custody and possession of any Person or Persons whom the said Lieutenants or their Deputies shall judge to be dangerous to the Peace of the Kingdom, and to secure the same, and give account thereo● to the said Officers; but such search is to be made in the daytime, only between Sun rise and Sun set, and not otherwise, unless it be in Cities and their Suburbs, Towns Corporate● and Market Towns, or Houses within the Bill● of Mortality, in which places search may be in the night, if the Warrant so direct. No dwelling house of any Peer of the Realm i● to be searched, unless the Warrant be from the King's Majesty, under his Sign-Manual, or in the Presence of the Lieutenant, or one of the Deputy Lieutenants of the said County o● Riding. And in all Places and Houses aforesaid where search is made, in case of Resistance, to enter with force; and such Arms so seized where the Lieutenants, or their Deputies, or any two of them think fit, may be restored to the Owners again, 14 Car. 2. c. 3. The Constables by Warrant under the Hand and Seal of the Lord Lieutenant, or any three or more of the Deputy Lieutenants, are to levy such Sums, Forfeitures, Penalties and Payments, as shall be charged upon any Person or Persons within their several Liberties, for the furnishing of Arms, Horse or Foot, or Payment of Soldiers, 14 Car. 2. c 3. & 15 Car. 2. c. 4. And where sufficient Distress cannot be had, than the Lord Lieutenants and their Deputies, by like Warrant to the Constable, may commit such Offender to prison, until he shall make satisfaction according to the said Forfeiture, Payment or Penalty, ibid. CHAP. V Articles which the High Constables are to return the Justices at their Sessions, or their Monthly Meetings of the Divisions, and to cause their Petty Constables, etc. in their several Liberties to make Return thereof unto them. 1. THey are to return the Names, Sir names, Additions of Names and Qualities of all Popish Recusants (as well Housekeepers as Lodgers) dwelling or residing in any of their said Parishes, Liberties or Precincts. 2. Such Persons as shall continue Drinking or Tippling in any Inns or Alehouses at any time, and more especially upon the Lord's Day, or Holy Days, and such Persons as they shall find Drunk, and all such Innkeepers and Alehouse-keepers as shall entertain them. 3. Item the Names of such as shall profanely Swear or Curse, with the number of their Oaths, immediately after the committing such Offence, inform the next Justice thereof. 4. Item they are to return such Victuallers or Alehouse-keepers as use Victualling, or selling of Beer and Ale without Licence. 5. Item such Persons as suffer any unlawful Games to be suffered in their Houses, Backsides, or Gardens; and also the Names of such as shall play at any of the said Games. 6. Item such Persons as refuse or neglect to do their Duty of Watching and Warding. 7. Item such Persons as divide their Houses into several Tenements, and such as do entertain Inmates, who may be an Annoyance to their Neighbours, or likely to bring charge upon the Parish. 8. Item the Defaults of Petty Constable's a● Tythingmen, etc. for not causing Rogues, Vagabonds, and Beggars, to be duly apprehended, punished, and passed, according to t●● Statute. 9 Item all Masterless Men and Women, ●●ving at their own Hands, such as are Idle, a●● will not Labour, and can give no good accounted how they get their Living; all suspi●●ous Persons, Whores, Noctivagants, or Night walkers, and Mothers of Bastards, which maybe chargeable to the Parish. 10. Item the Names of such Persons as ●●fuse to take Apprentices, poor Parish Childr●● to Husbandry, or other Callings, according 〈◊〉 Law. 11. Item all such as neglect to make d●●● Rates and Collections for the Relief of the Po●● in every Parish, and that cannot, or do not gi●● a just account of the Employment of the Re●● and Stock of the Poor. 12. Item of the Defects in the High Way and Bridges, with the Names of such as shou●● repair them, and have neglected or refused 〈◊〉 do their Duty herein. 13. Item such Scavengers as neglect to 〈◊〉 their Office in cleansing the Streets, to be kep● clean within their Liberties; and the Name of such Persons as commit common Annoyances, by laying of Dung, Soil, Dirt or Ashes 〈◊〉 the Street. 14. Item the Names of all such Persons 〈◊〉 refuse to pave the Streets before their Houses where the said Streets have usually been pave● formerly. 15. Item the Names of all such Persons as ●eep any Hogs (to the common Annoyance of ●is Majesty's Subjects) in or about such Liber●●es, Places and Precincts, where Hogs ought ●ot to be kept. 16. Item all such Bakers as put light Bread 〈◊〉 sale, and the Weight thereof; and such brewer's as sell Beer or Ale to unlicensed Alehouse-keepers; all Forestallers, Regrators, and engrossers of any Corn, Grain, Butter, Cheese, ●acon, or any other kind of dead Victuals whatsoever. 17. Lastly, All such Persons as can prove or justify any of the said Offences, are to be warned to appear before the said Justices at their session's or Meetings aforesaid, to testify their knowledge of such Offences of which they can ●●ve Information. CHAP. VI The Constable's Office about Foreign Bonelaces, Cutwork, Embroidery, etc. and French Goods. THE Constables upon Warrant to them directed from the Justices of Peace, or Chief Officers of the Cities, Towns Corporate, etc. are to search within their respective Counties, Cities, Towns, etc. in the Shops ●eing open, Warehouses, and Dwellinghouse ●f such Person or Persons, who shall be suspected to have any Foreign Bonelaces, Cut-works, Embroideries, Fringes, Bandstrings, Buttons, or Needle-works make of Thread, Silk, or ●ny, or either of them, made in the Parts beyond the Seas, and where they find any suc●●● to seize the same, 14 Car. 2. c. 13. No French Wine, Vinegar, Brandy, Lin●●● Cloth, Silks, Salt, Paper, or any Manufactures made of, or mixed with Silk, Thre●●● Wool, Hair, Gold or Silver, or Leather, ●●●ing of the Product or Manufacture of any 〈◊〉 Dominions of the French King, shall after 〈◊〉 24th of August, 1689. during the Term of th●● Years, or before the end of the first Session, Parliament, next after the expiration of 〈◊〉 said three Years, to be imported into Engla●● Wales, or Town of Berwick, or Isles of Jers● Guernsey, Alderny, Sark, or Isle of Man, mi●● or unmixed with any Commodity of the Product of any other Country; such Importation, and vending the said Commodities imported contrary to this Act, being by the 〈◊〉 Act declared a common Nuisance: And su●● Goods are to be seized, and carried in●● his Majesty's Warehouse, and if upon 〈◊〉 Information into the Exchequer; the Ju●● find that they are French Goods, Judgement shall be, That the Wines and Brandy shall 〈◊〉 staved and spilt in some River, Stream or S●● near the place where they were seized, or sh●● remain in the Warehouses, and the other Commodity's publicly burnt and destroyed: T●● Importers to forfeit the value: They in who●● Hands they shall be seized, or who sold the●● the like for the first Offence: And for the ●●cond Offence, double the value, and after Conviction of the second Offence, to be incapab●● to exercise, or execute any Office or Employment about any part of the King's Revenue, 〈◊〉 any other Office or public Employment wh●●soever. And if any Person not being a known Merchant, Vintner, or Shopkeeper shall sell, or ●●pose to sale, any of the Commodities afore●●●d, (and be thereof convicted) shall over and ●●ove the aforesaid Penalties, suffer twelve months' Imprisonment, without Bail or Main●●ze, and all Ships and Vessels, with their ●●ns, Tackle and Furniture in which any of ●●e said Goods shall be imported during the said ●●erm; and also every Bark, Hoy, Lighter, ●●rge, Wherry, Boat or other Vessel whatsoever, ●●t of which any of the said Goods shall be ●●●t on Shore, shall be forfeited, and the Ma●●●r, or any other Person taking care of such ●●ip or Vessel, shall forfeit 500 l. and also, ●●eing convicted thereof before a Justice of ●eace, by the Oaths of two Witnesses) be committed to the next Goal, for twelve Months, without Bail or Mainprize. And all Seamen, mariner's, Watermen, Carmen, Porters, Labourers, or other Persons whatsoever assisting 〈◊〉 unshipping, carrying or conveying any of ●●e said Goods, upon Proof as aforesaid, shall 〈◊〉 subject to like Imprisonment, or be publicly whipped at the discretion of the Justice 〈◊〉 Peace. And all Carts, Wains, Wagons, ●arriages, Plough-Teams, Horses or Oxen made ●●e of in the Carriage or Conveyance of any of the said Goods, shall be seized, and upon Proof made before a Justice of Peace of the ●ounty where the same were so seized, by ●●e Oaths of two credible Witnesses, that they ●ere assisting in the Carriage or Conveyance of ●ny of the said Goods, the same shall be forfeited, one half thereof to be disposed of to ●he use of the Poor of the Parish where the same shall be seized, the other half to th●● use, who shall seize the same. The Inform●● who after seizure or stay of the Goods, fraudulently delays the Prosecution, shall forf●●● 500 l. All Officers of the Customs, Sheriffs, Mayo● Bailiffs, Constables, and other Officers are ●●joyned to be aiding and assisting in the due execution of this Act, See 1 W. & M. By 2 W. & M. For the more effectual p●●ting in Execution, the Act for Prohibiting 〈◊〉 Trade and Commerce with France, it is Ena●●ed, That if any Person after the first of F●bruary 1690. shall sell, or utter by retail 〈◊〉 Glass Bottles, or in any other retail Measure not made of Pewter, and sealed according 〈◊〉 Law, any kind of Wine whatsoever, or oth●● Liquor exposed to sale for Wine, or sell t●● same for a greater price, than by the said A●● is appointed, and be convicted thereof by t●● Confession of the Party, or the Oath of t●● credible Witnesses, before one or more Justice or Justices of the Peace of the Count●● City, or place where such Offence shall be committed (who are hereby required and i● powered to adminster an Oath to that purpose) such Person being prosecuted with● thirty days next after such Offence committe● shall forfeit and pay for every such Offen●● the Sum of fifty shillings, which if not pa●● upon demand, shall be levied by distress a●● sale of the Goods and Chattels of every suc● Offender, by Warrant under the Hand a●● Seal of the Justice or Justices before who●● such Conviction shall be made, which Warrant the said Justice and Justices are impowe●●d, and required to grant to the Constable, headborough, or Tythingman of the Parish, 〈◊〉 Place where such Offence shall be committed, who are required and authorised immediately to levy the same, rendering the overplus to the Owner thereof; the said Penalty, forfeiture, and Money so levied, to be given to ●●e Informer. CHAP. VII. ●●e Constables Office for providing necessary Carriages for his Majesty, etc. BY the Statute of 1 Jac. 2. it is Enacted, That the Clerk, or Chief Officer of his majesty's Carriages, shall three days at least ●●fore his Majesty's Arrival, by Warrant from ●●e Green-Cloth, give notice in Writing to ●●o or more of his Majesty's Justices of the ●eace next adjoining, to provide such a num●er of Carts and Carriages from the Places next adjacent, as his Majesty shall have present use 〈◊〉, expressing the certainty of that number, 〈◊〉 also the time and place when and where ●●e said Carts and Carriages are to attend; ●hich Carriages shall consist of four able Horses, 〈◊〉 six Oxen, or four Oxen and two Horses; ●●r each of which Cart or Carriage, the respective Owners shall receive sixpence for each ●●●le they shall go laden; and, that in case ●ny of his Majesty's Subjects of this Realm ●●all refuse to provide and furnish his Majesty, ●hat now is, or his Queen that is or shall be, ●●r His or Her Household, or her Majesty Catherine Queen Dowager, or Her Household, 〈◊〉 their Progress or Removals, with such sufficient and necessary Carriages for their Wardrobe, or other Necessaries, for ready Monl●● tendered to them, or shall without just an● reasonable Cause refuse to make their Appearance, with such sufficient Carts and Carriage as are before expressed, that then upon d●●● Proof and Conviction of such neglect or refusal, by the Oath of the Constable or other Officer, or two other credible Witnesses, before the said Justices of the Peace of th● County, or Mayor, or other Chief Officer 〈◊〉 the City or Corporation where he or the● Inhabit, (which Oath they shall have power t● adminster) the Party so refusing, shall for suc● his refusal and neglect, forfeit the Sum of fort●shillings to the King's Majesty's use, to be forth with levied by distress and sale of his Goo●● and Chattels (rendering to the Parties the ove● plus upon every such Sale, if there shall b● any) by Warrant from the said Justices of th● Peace, Mayor or other Officer. No Horses Oxen Cart or Wain shall be enforced to travel abo●● one days Journey from the Place where the● receive their Lading, and that ready Payment shall be made in Hand, for the said Carriage at the place of Lading, without delay, according to the aforesaid Rates: And in ca●● any Justice of the Peace, Mayor, Officer o● Constable shall take any Gift or Reward t● spare any Person or Persons from making such Carriage, or shall injuriously charge or grie●● any Person through Envy, Hatred or Evil, will who ought not to make such Carriage, or sha●● impress more Carriages than he shall be directed from the Green-Cloth to do, that then ●pon due Proof and Conviction thereof, the ●arty so offending, shall forfeit the Sum of ten ●ounds to the Party thereby grieved, or any ●ther who shall sue for the same, to be recovered by Action of Debt in any of his Majesty's Courts of Record, wherein no Essoign, protection, or Wager of Law shall be allowed. And in case any Person or Persons shall resume to take upon him or them to impress ●ny Horses, Oxen, Cart, Wain or Carriages for ●is Majesty's Service, other than the Person so ●mpowered, than he or they so offending, ●●all upon due Conviction of the said Offence, ●●cur and suffer the Punishment contained in ●●e Act of 12 Car. 2. And it is further Enacted, That the High constable or Constables, the Mayor, Bailiff, 〈◊〉 other Chief Officer, who shall be required ●y this Act, to warn the said Carts and Carriages, as in the said Act directed, do make a ●eturn in Writing to the Clerk or other Officer of the Carriages, of the Names and Places 〈◊〉 Abode of every such Person who is so ●arned to bring in his Cart or Carriage, to ●●e intent it may be known (in case of any velour) who is in default, and the said Constable's, and other Chief Officer or Officers appointed by this Act, to warn in the said Carriages, as abovesaid, may be discharged and ●●demnified, and the Defaulters punished, as ●n this Act is provided. 14 Car. 2. c. 20. For providing Carriages, by Land and by Water, for the use of his Majesty's Navy and Ordnance, Two or more Justices of the Peace, by Warrant from the Lord High Admiral of England, or two or more 〈◊〉 the principal Officers or Commissioners of th● Navy, or the Master of his Majesty's Ordnance or the Lieutenant of his Ordnance, are t● provide Carriages, with Horses and Oxen o● of the Country, not being above twelve Mil● distant from the place of lading; the Owne● of which Carriages, or their Servants, are 〈◊〉 receive twelve pence a Mile for every Load 〈◊〉 Timber, and eight pence a Mile for every T●●● of other Commodities. And all such Persons 〈◊〉 neglect or refuse to make their appearance, u●on Oath thereof made before the Justices, b● the Constable, or two Witnesses, the People refusing, or neglecting, forfeits twenty shillings to be levied by Distress and Sale of his Good● by Warrant from the said Justices, Mayor, 〈◊〉 other chief Officer, or from the principal Officers or Commissioners of his Majesty's Nav● or Master, or Lieutenant of his Majesty's Ordnance, rendering to the Owner the overplus, 〈◊〉 any be, first deducting the Charge of Distraining. No Horses, etc. or Land-Carriage, shall 〈◊〉 forced to travel more days-journy, from the place where they receive their Lading, nor b● compelled to continue longer in the Employment, than the said Justices shall appoint; an● that ready Money be paid to the Parties in han● at the place of Lading, according to the Rat● aforesaid, Stat. ibid. The said Act of 14 Car. c. 20. & 13 c. 8. are 〈◊〉 continue until the end of the first Session of th● next Parliament, and expired, but revived b● 1 Jac. 2. for 7 years, from June 21, 1685. and 〈◊〉 continue to the end of the first Session of the next Parliament. CHAP. VIII. The Constable's Office about Irish . 〈◊〉 any great , Sheep or Swine, or any 〈◊〉 Beef, Pork or Bacon, (except such as is the necessary Provision of the respective ●●●ps or Vessels in which the same be brought, 〈◊〉 exposing the same, or any part thereof 〈◊〉 sale) shall by any wise whatsoever be unreported or brought from Ireland, or any ●●●er Part beyond the Seas, into the King●●● of England, Dominion of Wales, or Town 〈◊〉 Berwick upon Tweed; in such case the ●●●stable, Tythingman, Headborough, Churchwardens, or Overseers of the Poor, or any of ●●●m within their respective Liberties, Pa●●●es or Places, may take and seize the same, 〈◊〉 keep the same during the space of ●●●nt and forty hours, in some public or ●●●venient place, where such seizure shall be ●●de; within which time, if the Owner or ●●ners, or any for him, or them shall make appear unto some Justice of Peace of the ●●e County, where the same shall be so sei●●●, by the Oath of two credible Witnesses, ●●t the same were not imported from Ireland, from any other Place beyond the Seas, (ex●●●t the Isle of Man) than the same, upon 〈◊〉 Warrant of such Justice of Peace, is to be ●●●ivered to the Owner or Owners without de●●●, 18 Car. 2. c. 2. But in default of such Proof and Warrant, ●n the same to be forfeited, and one half ●●reof to be disposed to the use of the Poor of the Parish where the same shall be so fou●● and seized; and the other part thereof to 〈◊〉 or their own use that shall so seize the sam● 18 Car. 2. c. 2. Such as are imported from the I●●● of Man, (before excepted) into England, & are not to exceed the number of six hundre● in one Year, and they are to be of no oth●● Breed, than of the Breed of the Isle of Ma● and all to be landed at the Port of Chester, 〈◊〉 some of the Members thereof, and not elsewhere, 18 Car. 2. c. 2. This Act was to continue for seven Yea●● and from thence, to the end of the first Session of the next Parliament: And is now by t●● Statute of 32 Car. 2. c. 2. revived and ma●● perpetual. But these former Remedies not proving effectual for the prevention of the Transporting of the aforesaid, it is further provided, That whensoever, and as often as 〈◊〉 shall happen, either through any fraudulent Agreement, or unfaithful Connivance 〈◊〉 any Constable, Headborough, Tythingm●● Churchwarden, or Overseer of the Poor, 〈◊〉 that it shall happen any otherwise howsoever that any great , Sheep, Swine, Be●●● Pork or Bacon, after the first Seizure 〈◊〉 them, or any of them, by Virtue of the aforesaid Act, shall be driven, brought, carri●● into, or found in any other Parish or Plac● than where the same shall be first seized, 〈◊〉 aforesaid; That then, and so often, and fro● time to time, it shall and may be lawful 〈◊〉 and for the Constable, Tythingman, Headborough, Churchwarden, or Overseer of t●● Poor, of every, or any such other Parish or Place, where such great , Sheep, Swine, Beef, Pork or Bacon, shall be brought, driven, or carried into, or found as aforesaid, to seize, ●ake, and dispose of the same, and every, or any of them as forfeited, The one Moiety thereof to the use of the Poor of such other Parish or Place, where such Seizure shall be made, the other to the use of such Officer or Officers, who shall seize the same as aforesaid; any other, or former Seizure or Seizures, in any other Parish or Parishes, Place or Places, notwithstanding, Stat. 20 Car. 2. c. 7. And now by the Statute of 32 Car. 2. c. 2. ●t is further provided, That any Person may make such Seizures as well as the Constables, or other Officers or Inhabitants: And that to prevent fraudulent Seizures, and Compositions, the Seizors shall within six days after Conviction and Forfeiture, cause the said , Sheep and Swine, to be killed; and the ●ides and Tallow shall be to the Seizor, and ●he Remainder to be distributed by the Churchwardens and Overseers, amongst the Poor of the Parish; where any such great , Sheep or Swine shall be imported or found. The Seizor, Churchwarden or Overseers, sailing in his Duty, shall forfeit forty shillings, for every one of the great , and ten shillings for every Sheep or Swine, which should have been so killed and dristributed: one Moie●ty to the Poor of the said Parish, the other to the Informer, to be levied by Distress and sale of the Offenders Goods, by Warrant from any one Justice of Peace; and for want thereof, the Offender to be committed to Goal for th● Months without Ball. Mutton and Lamb imported, shall be subj●●● to the like Seizure, and the Importers and S●●lers to the like Penalties, as for Importation●● Beef, Pork or Bacon; and the like of But●●● and Cheese imported from Ireland. If any great , Sheep or Swine, wh●●● have been seized, be found alive in any ot●●● Parish or Place, they are to be seized ag●●● and killed to the Benefit of the Seizor, 〈◊〉 the Poor of that Parish or Place, in man● aforesaid. English or other , intermixed with I●●● , shall be deemed Irish in all respe●● 32 Car. 2. c. 2. CHAP. IX. The Constable's Office about Conventicles. BY the Stat. of 22 Car. 2. cap. 1. made againe Seditious Conventicles; every Constable Headborough, Tythingman, Churchwarden, 〈◊〉 Overseers of the Poor, are authorized and ●●quired to levy the Fines assessed by the Just●●● of Peace, upon those who shall be present at unlawful Conventicles, upon their Goods and Chattels, having first received a Warrant under 〈◊〉 Hands and Seals of one or more Justices, or Ch●●● Magistrate, and forthwith deliver the Money ●levied to the same Justice of Peace, or Chief Magistrate. And by Warrant from one or more Justice or Justices, or Chief Magistrate, and respective Constables, Headboroughs and Tythingm●● (Overseers not named) may with what aid, force and assistance they think fit, after refusal or denial to enter, break open into any House, or other Place, where they shall be informed any Conventicle is held, as well within Liberties as without, and take into their Custody the Persons there unlawfully assembled, to be proceeded against according to this Act. No Peers House is to be searched, unless in presence of a Lord Lieutenant, or two Justices of Peace, whereof one to be of the Quorum. If any Constable, Headborough, Tythingman, Churchwarden, or Overseer of the Poor, shall know, or be credibly informed of any Conventicle within his Precinct, and shall not thereof ●nform some Justice of the Peace, or Chief Magistrate, and endeavour the Conviction of the Parties, but neglects his Duty, he forfeits five Pound, to be levied on his Goods: And any Person sued for acting by this Law, may plead the General Issue, and give the special Matter in Evidence, and shall recover triple Costs, 22 Car. 2. c. 1. By the 1 W. and M. for Exempting their Majesty's Protestant Subjects dissenting from the Church of England, from the Penalties of certain Laws, It is Enacted, That all Persons that take the Oaths, and make, and subscribe the Declaration in the said Act mentioned, to be taken, shall not be liable to any Pains, Penalties and Forfeitures of 35 Eliz. nor 22 Car. 2. But, That if any Assembly of Persons dissenting from the Church of England, shall be had in any Place for Religious Worship, with the Doors locked, barred or bolted during any time of such Meeting together, all and every Person or Persons that shall come to, and be at suc● Meeting, shall not receive any benefit fro● this Law, but be liable to all the Pains an● Penalties of all the aforesad Laws, recited i● this Act, for such their Meeting. And also That if any Person dissenting from th● Church of England, as aforesaid, shall here after be chosen, or otherwise appointed t● bear the Office of High Constable, or Pet●● Constable, Churchwarden, Overseer of th● Poor, or any other Parochial or Ward Office and such Person shall scruple to take upo● him any of the said Offices, in regard of th● Oaths, or any other Matter or Thing required by the Law, to be taken or done, i● respect of such Office, every such Person sh●● and may execute such Office or Employment by a sufficient Deputy, by him to be provided that shall comply with the Laws on this behalf. CHAP. X. The Constable's Office about Clothiers. Constable's, and other Officers, upon request are to aid and assist the Wardens and Assistants for regulating the Trade of Worsteds, and other Stuffs, called Norwich Stuffs made in Norwich, and the County of Norfolk● 14 Car. 2. c. 5. They ought to be very vigilant in this Business, for there never was such slight and unserviceable Stuffs as now are; to the great Damage of his Majesty's Subjects. In the West-Riding of the County of York, ●he Constables are likewise by Warrant from ●he Justices of the Peace, Master and Wardens ●f the Corporation, or any thirteen of them, ●o levy such Fines, Penalties and Forfeitures, 〈◊〉 shall grow due from any Clothier, by virtue of the Statute aforesaid, by Distress and ●ale of the Offenders Goods, rendering the overplus to the Owner upon demand, 14 Car. 2. c. 5. Clothier's must pay their Spinners, and other Workfolks, their Wages in ready Money, and ●ot in Wares, and shall deliver their Wool in ●ue weight, on pain to forfeit six pence for ●very Default; and the Carders, Spinners, Weaver's, and other Workfolks, are to do their Work faithfully, on pain to forfeit double Damages to the Party grieved, 4 E. 3. c. 1. Fitz. ●. P. 103. The Master, or Head Officer in a Corporation, where there is no Master, and out of a Corporation, every Justice of Peace, High Constable and Stewards of Court-Leet, shall hear ●nd determine the Complaints, as well for nonpayment of the Workfolks' Wages, as the Damages aforesaid, by examining the Parties; for which Damages they have Power to commit the Offenders to the Goal, until the Party grieved be satisfied, Stat. idem. The Justices of Peace, and High-Constables, may search any House, or other Place for Tenters, Ropes, Rings, Headwrinches, or other Engines for stretching of Cloth, and if they find any, to deface them; and if the Owner use them again, these Officers may take them away and sell them, and give the Money to the Poor, 39 Eliz. c. 20. CHAP. XI. The Constable's Office about the Customs. BY the 14 Car. 2. Such Person or Persons are authorized by Writ of Assistance, u●der the Seal of his Majesty's Court of Exchequer are to take a Constable, Headborough, or oth●● public Officer inhabiting near the Place, and the daytime are to enter, and go into any Hou●● Shop, Cellar, Warehouse, Room, or other Plac● and in case of Resistance, break open t● Doors, Chests, Trunks, and other Package there to seize, and from thence to bring a●● kind of Goods, Merchandise whatsoever, prohibited and uncustomed, and to put, and sec●●● the same in his Majesty's Storehouse, in the Po●● next to such Place where the seizure shall 〈◊〉 made, 13 Car. 2. c. 11. All Officers belonging to the Admiralty, Captains, and Commanders of Ships, Forts, Castle and Blockhouses, and all Justices of Peace, Ma●ors, Sheriffs, Constables and Headboroughs, an● other the King's Majesty's Officers and Subject whatsoever, whom it may concern, are to b●a●ding and assisting to all and every Person a●● Persons, which are, or shall be appointed by h●● Majesty to manage his Custom: and if the Officers of the Customs, or any acting in aid of them shall be sued, indicted, prosecuted or molested such Persons, their Heirs, Executors, and Administrators, may plead the General Issue, and give the several Acts relating to the Customs, or any of them in Evidence, in any of his Majesty's Courts of Justice, 14 Car. 2. c. 11. The Stat. of 12 Car. 2. c. 19 about Customs, was ●o continue but to the end of the first Session of ●he next Parliament, and is now expired. CHAP. XII. The Constable's Office about Setting-Dogs, etc. THE Constable, Tythingman, or Headborough of any place (upon a Warrant ●nder the Hands and Seals of two or more Justice's of the Peace) hath power to search the ●ouses of any Persons suspected to keep Set●ing-Dogs, or Nets, for the taking of Pheasants ●●r Partridges, and the Dogs and Nets there ●ound, to take, carry away, detain, kill, destroy, ●nd cut in pieces, 7 Jac. c. 11. Dalt. J. P. c. 37. ●ol. 90. But they cannot search the Houses of any who have Free Warren, or any Lord of any Manor, or such as have 40 l. per ann. or more ●n , or some Estate of Inheritance, ●or 80 l. per ann. for Life, or be worth in Personal Estate 400 l. These may keep Nets and Dogs to take Pheasants or Partridges in their own Ground, Stat. idem, Dalt. ibid. CHAP. XIII. The Constable's Office about Escapes and Arrests. IF a Constable, or any other Officer, which hath a Prisoner in custody for Felony, or Suspicion thereof, voluntarily letteth, or suffereth the Prisoner to go where he will at liberty (though this be breaking of Prison) yet it 〈◊〉 Felony in the Gaoler, Constable, or him th● letteth such Prisoner escape, but it is no Felon● in the Prisoner; but if such a Prisoner she escape by the Negligence of his Keeper, an● against his Will and Knowledge, than it is Felony in the Prisoner, because a Breach of Pr●son, and the Gaoler or Constable, etc. shall b● Fined by the Judges or Justices for such Escape Dalt. J.P. c. 106. fol. 272. Bro. Coron. 112, 22● 316, 454. & Bro. Escape 31 Stamford fol. 32. If a Constable, or other Officer, shall voluntarily suffer a Thief (being in his Custody) t● go into the Water, and drown himself, th● Escape is Felony in the Constable, and the Thie● is Felo de se; but if the Thief shall suddenly (without the assent of the Constable) kill, hang or drown himself, this is then but a negligent Escape in the Constable, and Fineable, as aforesaid, Dalt. J. P. c. 106. fol. 272. The voluntary letting a Felon escape before he be arrested for the Felony, is no Felony i● the Party that suffereth him to escape; but 〈◊〉 the Constable suffer one to escape, whom he knows hath committed a Felony, he is finable, i● it do not make him accessary, Dalt. ibid. Where a Felony is committed, and one is Arrested for the same, or Suspicion thereof▪ though the Constable, etc. shall after have certain intelligence and knowledge that the Party arrested is not Guilty of the Offence; yet they may not set the Party at liberty, for he must not be delivered but by due course of Law, Cromp. 40, 44. Dalt. J.P. c. 106. f. 275. If a Constable convey a Felon to the Goal, and the Gaoler will not receive him, than the Constable must bring him back to the Town where he was taken, and that Town shall be charged with the keeping of him until the next Goal-delivery; and in such case the Gaoler shall be punished by the Justices, Dalt. J. P. c. 118. fol. 340. The Constable, or other Officer, that shall Imprison any Felon in the Stocks, may lock the Stocks, and if need be, may also put Irons on the Prisoner, and when he conveyeth him to the Goal, or to the Justice, he may Pinion him, or otherwise make him sure, so that he cannot escape, ibid. CHAP. XIV. The Constable's Office about Excise. THose Officers under the Commissioners of Excise, called Gagers, are to have the Constable along with them, when they enter by night into the Houses of any Brewer, Innkeeper, Victualler, etc. to gauge their Coppers, Fats, or Vessels, or to take an Account of their Beer, Ale, Words, Perry, Cider, Strong-waters, Metheglin, Mead, Coffee, Chocolate, Sherbet or Tea, brewed; made or distilled in the said Houses, 12 Car. 2. c. 23, 24. Such Persons as shall be convicted before the Justices of Peace, or Commissioners of Excise, of any Offence and Forfeiture within the Acts for Excise, the Constables, upon Warrant to them directed from the Justices of Peace, are to levy the Penalties upon the Goods of the Offenders, by distress and sale thereof, rendering the overplus to the Owners, and for want of Distress, they are to carry the Party to the Goal, there to remain till satisfaction be made, 12 Car. 2. c. 23, 24. The Constables are also upon Warrant to them directed, to summon all Alehouse-keepers, etc. to appear before the Commissioners of Excise, at such days and places as shall be appointed in the said Warrant, from time to time. CHAP. XV. The Constable's Office about Fish. THE Constables and Churchwardens, by Warrant from any one or more Justices of the Peace (where any Offence is committed in destroying the Spawn and Breed of Fish, along the Seashore, or in any Haven or Creek, or within five Miles of the Mouth of any Haven or Creek, by Fishing with Nets of less Mesh than three Inches and an half between knot and knot) are to levy the penalty by distress and sale of the Offenders Goods, rendering the overplus to the Owners; the penalty is ten shillings and forfeiture of their Nets, 3 Jac. c. 12. Wingatts Abr. Stat. Tit. Fishers and Fishing. The Justices of Peace of the Counties of Worcester, Salop and Gloucester, upon their own knowledge, or upon information that any Person hath made use of any Net, Engine, or Device in the River of Severn, whereby any Salmon, Trout o● Barbel, under the length appointed by the Stat. of 1 Eliz. shall be taken or killed, or hath fished with any Net for Salmon, Salmon-mart, Salmon-p●al, Pike, Carpe, Trout, Barbel, Chubb or Grailing, the Mesh whereof is under two Inches and a half square, from knot to knot, allowing to each Mesh four knots, or above twenty yards in length, and two yards in breadth, or above fifty yards in length, and six yards in breadth, in the wing of the Net, in the said River from Ripplelochelake to Gloucester Bridge, or above sixty yards in length below Gloucester Bridge, and six yards in breadth, in the wing of the Net, or hath fished with two of those Nets fixed together, or used any Net or Device for taking the Fry of Eels, or whereby the Spawn of Fish shall be destroyed, shall issue out Warrants under the Hands and Seals of any two of them, in their respective Countles, to the Under Conservators of the said River, or to any Constable, Tythingman or Headborough, to search in the daytime, in all suspected places, for such unlawful Instruments, and to seize them, and bring them to the Quarter Sessions to be burnt or destroyed, 30 Car. 2. c. 9 If any Ling, Herring, Cod, or Pilchard, fresh or salt, dried or bloated, or any Salmon, Eels or conger's, taken by Foreigners, Aliens to the Kingdom of England, shall be imported, uttered, sold, or exposed to sale in this Kingdom; in such case the Constable, Headborough, etc. or any other Person may take and seize the same, and one half thereof must go to the use of the Poor of the Parish where the same is so found and seized, and the other half to the use of the Party that seizes the same, 18 Car. c. 2. CHAP. XVI. The Constable's Office about forcible Entries, etc. IF a Constable, or any private Person of the same County do refuse to attend and assis● the Justices of Peace, upon request to remove a●● Force, or to convey the Parties to the Goal, he may be imprisoned for his neglect, and make Fine● to the King, 15 R. 2. c. 2. Dalt. J.P. c. 22. f. 57 CHAP. XVII. The Constable's Office about Hedge-breaking, etc. SUch as are convicted before a Justice of Peace, for cutting and taking away of Cor● growing, robbing of Orchards, breaking Hedges, and their Procurers and Receivers knowing the same, are to give the Party grieved such Satisfaction as a Justice of Peace shall think fit; and i● they cannot give such satisfaction, than the Justice may commit the Offenders to the Constable to be whipped for the first Offence, and the like pain for the second Offence; and if the Constable, or other Officer, do not by himself, or some other, see the same done accordingly, than the Justice may commit such Officer to the Goal, there to remain without Bail, until he procure the Offender to be whipped as aforesaid, 43 El. c. 7. The Constables, Headboroughs, or other Person, in every County, City, Town-Corporate, or other Place, where they shall be Officers and Inhabitants have power to apprehend, or ●ause to be apprehended such Persons as they suspect, for having, carrying, or conveying any Burden or Bundles of any kind of Wood, Underwood, Poles, or young Trees, or Bark of ●ny Trees, or Gates, Stiles, Posts, Rales, Pales, Hedge-wood, Broom or Furze; and any Con●●able, Headborough, etc. by Warrant under the Hand and Seal of one Justice, may enter into the Houses, Outhouses, Yards, Gardens, or other Places belonging to the Houses of such Persons as they shall suspect, etc. and where they shall find any, to apprehend the Parties suspected for cutting the same, and those in whose custody, etc. any such Wood or Underwood shall be found, and carry them before a Justice of the Peace, and if the Party cannot give a good account to the Justice how he came by the said Wood, etc. by the consent of the Owner, or shall not within the time the Justice shall appoint, prove who he bought it of, than such Person shall be deemed convicted of the cutting and spoiling of Wood, within the Statute of 43 Eliz. and for the first Offence shall give such satisfaction to the Owner within such time as the Justice shall appoint, and pay over and above presently to the use of the Poor where the Offence is committed, so much Money as the Justice shall appoint, not exceeding ten shillings: And for default of performance hereof, the Justice may commit the Offender to the House of Correction for so long time as he shall think fit, not exceeding one Month, or otherwise to be whipped by the Constable, or other Officer; and for the second Offence, the Offender is to be sent to the House of Correction for one Month, and there he ●● to hard Labour; and if he be convicted th● third time, then to be punished as an incorrigible Rogue, 15 Car. 2. c. 2. If any Person buy any Burdens of Woo● Underwood, Sticks, etc. of any who may j●●●ly be suspected to have come by the same ●●lawfully, upon complaint to a Justice, Head Officer, etc. and if upon Examination by Oa●● it appears, That the same were bought of su●● Person as aforesaid, the Justice may order 〈◊〉 Buyer to pay the triple value thereof to hi● from whom they were stolen; and for no● payment, the Justice may grant his Warrant the Constable, to levy the same by distress 〈◊〉 sale of the Offenders Goods, rendering to t●● Owner, the overplus, and for want of such distress, then to commit the Party to the G●● at his own charge, there to remain one Mon● without Bail, Stat. ibid. None is to be punished by this Statute, th●● have been punished by any former Law for th● same Offence, and all Offenders within th● Statute, must be prosecuted within six Wee●● after the Offence committed. Highways. See the Office of Surveyors of Highways and Bridges. CHAP. XVIII. The Constable's Office about Stoned-Horses. NOne ought to put to feed upon Forests or Commons (except they be Commons where Mares are not usually kept) any stoned-Horse, being above two years old, and not fifteen hands high from the lower part of the Hoof to the upper part of the Whither (every hand containing four Inches Standard measure) on pain to forfeit the same Horse, 32 H. 8. c. 13. If any Stoned-Horse of lesser Stature be put to feed in any such Common (unless it be in Fen-grounds of the Isle of Ely, and of the Counties of Cambridge, Huntingdon, Northampton, Lincoln, Norfolk or Suffolk, where they need be but thirteen hands high) any Man may seize them to his own use, so that first by the assistance of the Keeper of the Ground, or Constable, Bailiff, Headborough, or other such Officer of the Parish adjoining, such Horse be brought to the next Pound, and there by such Officer, in the presence of three other sufficient Men, he be measured, and found lower than the Statute, 32 H. 8. c. 13. 8 Eliz. c. 8. Wingates Abr. Stat. Tit. Horses. Those that refuse to measure, or to be present at measuring, do foreit 40 s. a piece for every such default, to be divided between the King and Prosecutor. But note, That an Horse that makes an Escape into such Common, shall not be questioned, so that he stay not above four days after notice thereof at the Owners House, or in h●● Parish Church, 32 H. 8. c. 13. Forests, and Common Grounds must be drive● yearly at Michaelmas, or within fifteen days after by the Keepers, Constables, or other Office● abovesaid, on pain of forty shillings; and th● have power to drive them at any other time 〈◊〉 the Year, at their pleasure, and such likewise have the Owners of the Ground. And if up●● the Drift any unlucky Tits shall be found, the● may be killed, 32 H. 8. c 13. Wingates Abr. St●● Tit. Horses. Note, That this Act of the 32 H. 8. c. 13. not to extend to the County of Cornwall, 21 J●● c. 28. CHAP. XIX. The Constable's Office about Hue and Cry. THE Constables or Tythingmen of ever● Town, Parish or Village, to whom H●● and Cry shall come, aught to search in 〈◊〉 suspected Houses and Places within their liberties, and as well the Officers, as all other Persons which shall pursue the Hue and Cry may take and stay all such Persons as in their Search and Pursuit they shall find to be suspicious, and shall carry them before some Justice of the County where they are taken to be examined, where they were at the time of the Felony committed; and if any default be in the Officers, they may be fined by the Justices for their neglect, Dalt. J.P. c, 28. fol. 75. Where a Hundred is sued for a Robbery, and damages are recovered against one or some ●●w Inhabitants of the Hundred, and the rest ●efuse to contribute thereunto; in such case too Justices of the Peace (one of the Quorum) ●welling within or near the Hundred, may for the levying thereof, set a Tax upon every Parish within that Hundred; according to which the constables or Tythingmen of every Parish must ●●ax the particular Inhabitants within their Liberties, and then levy the Money upon such ●s refuse, by Distress and Sale of their Goods, restoring the overplus, if any be, and after the ●ony is gathered, they are to restore the same ●o the Justices, or some of them that made the ●●ate, within ten days, 27 Eliz. c. 13. Dalt. J.P. ●. 48. fol. 132. That Hundred where Fresh Suit shall cease, shall answer half the Damages to the Hundred where the Felony was committed, to ●e recovered in any Court at Westminster, in the Name of the Clerk of the Peace of the County where the Felony was committed; in which case the Death or Change of the Clerk of the Peace, shall not abate the Suit. And this Recovery is to be taxed and levied as the former, 27 Eliz. c. 13. Where any one of the Robbers is apprehended, or where the Action is prosecuted within one Year after the Robbery committed, the Hundred is not chargeable for the Robbery. Observe likewise, that the Hue and Cry shall not be judged legal, unless the Pursuit be both by Horse and Foot, Bract. lib. 3. fol. 121. Dalt. J.P. f. 133. He that goeth not at the command of th● Sheriff or Constable at the Cry of the County that is, upon Hue and Cry to arrest Felon● after Attainder, shall be grievously fined a● imprisoned, Westm. 1. c. 9 Co. 2 part, Inst. f●● 172. CHAP. XX. The Constable's Office about Labourers, etc. THE Constable in the time of Hay an● Corn Harvest, upon request to him made by any Man that wants Labourers, to ge● in his Harvest, to prevent loss thereof, may cause all such Artificers as he shall see mee● to labour, to serve by the Day for Mowing Reaping, or otherwise, for the getting in o● Corn or Hay abroad, according as they see● fit and able to perform. And if such Persons shall refuse to work, after they are requested thereunto, the Constable may set then in the Stocks, by the space of two days and one night; and if the Constable neglect to perform his Office herein, he forfeits forty shillings, 5 Eliz. c. 14. No Person retained in Husbandry, or in any Arts appointed by that Statute, shall departed after the time of such retainer expired, out of the City, Town or Parish where he last served, to serve in another without a Testimonial, (viz. in a Town Corporate, under the Hands and Seals of the Magistrate, and two Householders there; and in the Country under the Hands and Seals of the Constable (or other officers) and two Householders of the Town or ●●rish where he last served; which Testimonial is to be registered by the Minister; for which he is to have two pence, and then to 〈◊〉 delivered to the Party, 5 Eliz c. 4. The Form of a Testimonial for a Servant. MEmorandum, That J. S. Servant to J. D. of Bramsil in the County of Southampton, ●oman, is licenced to departed from his said Ma●●r, and is at liberty to serve elsewhere, according to the Statute in that case made and provided. In witness whereof we have hereunto 〈◊〉 our Hands and Seals this 25th day of August, in the 22th Year of the Reign of our gracious Sovereign Lord King Charles the Second, 670. Ri. Turner, Constable of Bramsil. R. C. & J. D. Householders there. If it be one that lives with a Woman, then ●●y, [is licenced to departed from his Mistress or ●ame, as she is;] if the Master be not a ●●oman or Husbandman, but an Handycrafts●an, as Tailor, Smith, etc. then Name him 〈◊〉 in the Testimonial. The Master that retains a Servant without ●●ch a Testimonial, forfeits 5 l. being thereof convicted by Indictment taken in the Sessions of the Peace; and every Servant which showeth not such a Testimonial to the chief Officer 〈◊〉 a Corporation, or to the Constable or other Officer, Minister or Churchwarden of the place where he is to dwell, may be imprisoned until he procure one, and if he produce not one within one and twenty days next after the first dayof 〈◊〉 Imprisonment, or if he shall show a false or sergeant one, than he is to be whipped and used ●s Vagabond, 5 Eliz. c. 4. Dalt. J.P. c. 31. f. 63. This Statute, as to this particular of Tes●●monials, is now grown in a manner quite o●t so seldom used, that it's scarce know Although the Penalty in the same be strict 〈◊〉 severe, yet it is of good use; and so are great many Penal Statutes more very benefit to the Commonwealth, if they were duly 〈◊〉 in execution, especially those enacted to pun●●● the daily Offences of Brewers, Bakers, A●● houses; all such as use false Weights or Measure Millers, Forestallers, Engrossers, Regrators, 〈◊〉 multis aliis, etc. These are the Caterpillars 〈◊〉 the Kingdom. CHAP. XXI. The Constable's Office about Malt-making. THE Constables and Bailiffs of any Tow● ought from time to time to view a●● search all such Malt as shall be made or put● sale within any of their Liberties, and if the● find any being evil made, or mingled with 〈◊〉 Malt, than the Constable or Bailiff, with advi●● of one Justice of Peace, may sell the same 〈◊〉 such Persons at such a Rate as the Justice thi●● fitting, 2 E. 6. c. 10. 21 Jac. c. 28. 3 Car. ● c. 4. Stat. 2 E. 6. c. 10. There are three sorts 〈◊〉 evil and deceitful Malt, viz. 1. Where Barley and Malt hath not in the ●aking thereof in the Vat, Floor, Steeping ●nd Drying thereof, three Weeks at the least; except it be in June, July, and August, and 〈◊〉 those Months it must have seventeen Days; ●nd under such time it cannot be made wholesome. 2. They ought to take out of every Quarter ●f Malt half a Peck or more of Dust, by reading, Rubbing and Fanning the same, be●ore they put the same to fale, or else they forfeit 20 Pence for every Quarter otherwise ●old, to be divided between the King and the ●●former. 3. If any Malt shall be put to sale, not well ●ade, according to the limited time, or made 〈◊〉 Mow-burnt, or Spired Barley, or mixed ●ood and bad together, they forfeit two shillings for every Quarter, to be divided as aforesaid. This Act extends not to such as make Malt for their own Provision only; and the Forfeitures aforesaid must be prosecuted within one 〈◊〉 ear. CHAP. XXII. ●●e Constables Office about disturbing of Ministers. IF any Person purposely without Authority disturb a Preacher lawfully licenced, in ●reaching, Praying or Administration of the sacraments, either by Talking, Laughing, Humming, or the like; any Constable or Churchwarden of the Place ought presently to apprehend the Party, and carry him before a Justly of the Peace of the same County, who m●● commit him to safe custody; and within f●● days after (with another Justice of the Peace they may examine the Matter; and if the● find it true by two Witnesses, they must commit him to the common Goal, there to ●●main for three Months, and from thence 〈◊〉 the next Quarter Sessions; at which, up●● the Parties Reconciliation, and entering ●o● Security for one whole Year, he may be released, (at the discretion of the Justices; but if he continue still in his obstinacy, he m●● continue in Prison, without Bail, till he be penitent, 1 Mar. Sess. 3. c. 3. Wingates Stat. T● Sacraments, Dalt. J. P. c. 41. f. 103. He that Rescues an Offender in this ki●●● shall suffer like Imprisonment, and forfeit fi●● pounds; and the Inhabitants that suffer such 〈◊〉 Offender to escape, being presented before 〈◊〉 Justices at their Sessions of the County or Corporation where the Offence was made, do a●● forfeit five pounds, Idem. CHAP. XXIII. The Constable's Office about Moss-Troopers. THE Constables, and other Officers within the Counties of Northumberland and C●●berland, upon Warrant from the Justices of th● Peace, are to levy by Distress and Sale of th● Parties Goods (rendering the overplus to th● Owners) all such Sums as shall be charged upon any Person within their several Constable ●●●●es, by the Justices at their Sessions, for the ●●feguard of the Counties against the Injury, ●●heft and Rapine of Moss-Troopers: And the ●ustices also may examine any Complaint against the Constables, or other Officers that shall neglect, or refuse, or fail to give obedience to the Act, or do any thing in disturbance thereof, and bind over such Person to the Quarter Sessions, to be proceeded against according to Justice, 〈◊〉 3 & 14 Car. 2. c. 22. This Act was by the Stat. 29 & 30 Car. 2. c. 2. revived, and to continue for 7 years, and to the and of the first Session of the next Parliament. And by 1 Jac. continued for 11 years, and from thence to the end of the first Session of the next Parliament. CHAP. XXIV. The Constable's Office about the Peace. THE Constable ought to do what he can to keep the Peace, but he cannot take Surely of the Peace, at the request of any Man, H. 7. fol. 18. A. Cromp. 6.12. The Constable, or other Officer, before he Arrest the Party upon a Warrant for the Peace, ●ought first to acquaint the Party therewith, and charge him in the King's Name to go along with him to the Justice, to put in Sureties, according to the Warrant; and if the Party refuse so to do, than the Officer ought forthwith to take and convey him to the Goal, without carrying him to any Justice at all, there to remain till he doth find Sureties; and then at the next Sessions of the Peace, 〈◊〉 Officer ought to deliver in his Warrant, a● certify what he hath done therein, Dalt. c. 3. If the Party yield to go, and find Sureties then the Officer may not absolutely Arrest hi● yet he is not bound to go up and down w●●● him till he can get Sureties, but he may ke●● him till he can get Sureties to come unto hi● and if the Party make resistance, or offer 〈◊〉 go away afterwards, the Officer may ca●●● him to the Goal, or set him in the Stocks 〈◊〉 he can get aid to carry him to the Goal, D●● 69. f. 166. If an Officer having a Warrant from a Just●●● of Peace, against a Man to find Sureties 〈◊〉 the Peace, and do afterwards receive a S●p●sedeas out of the Chancery or King's Bench, 〈◊〉 from another Justice of Peace of the sa●● County to discharge the same Surety of t●● Peace; and yet, nevertheless the Officer w●● cause the Party to find Sureties by virtute 〈◊〉 the Warrant, the Party may refuse to give i● and if he be arrested or imprisoned for su●● refusal, he may have his Action of False Imp●●sonment against such Officer; for the S●p●sedeas is a Discharge of the former Warran● Dalt. J.P. c. 69. f. 168. If a Constable be informed, that a Man a● Woman be in a Adultery or Fornication together, or that a Man and Woman of Evil Report are gone to a suspected House together in the Night, the Constable may take Compa●● with him, and if he find them so, he may carry them before a Justice of the Peace to fin● Sureties for their Good Behaviour, 13 H. 7. 10 Dalt. J.P. c. 75. f. 189. If any shall abuse a Constable in the execution of his Office, the Constable may have him ●ound to the Good Behaviour for it, Fitz. ●ar. 207. Cromp. 135. Any injurious Force or Violence used against ●he Person of another, his Goods, Lands, or ●ther Possessions, whether it be by threatening Words, or furious Gestures, or force of the ●ody, or any other Force used in terrorem, 〈◊〉 said to be a Breach of the Peace, Dalt. c. 3. ●ol. 9 CHAP. XXV. The Constable's Office about Physicians. THE Constables, and other Officers in London, and within seven Miles round, are to be ●iding and assisting to the Precedent of the College of Physicians, and all Persons authorized by the said College, for the due execution of the Laws and Statutes belonging to the said College, upon Pain of running into contempt to the King, 1 Mar. Par. 1. Sess. 2. c. 9 Wingates Stat. Tit. Physicians. CHAP. XXVI. The Constable's Office about the Plague. IF any Person infected, or being, or dwelling in an House infected with the Plague, sh●ll be by the Constable commanded to keep his House, and notwithstanding shall wilfully go abroad, and converse in Company, having 〈◊〉 infectious Sore on him, it is Felony, and such Person shall not have such Sore about h●● yet for his Offence he shall be punished as a vagabond, by the appointment of any one Jus●●●● of the Peace, and further, shall be bound to Good Behaviour for one whole Year, Wing●●●● Stat. Tit. Plague, 1 Jac. c. 13. Dalt. J.P. c. ● fol. 91. The Justices of Peace, or any one of th● and other Head Officers in Corporate Tow● ithin their several Limits, may appoint Sea●ers, Watchmen, Examiner's, Keepers and B●●ers for the Persons and Places infected, and any Person infected, or dwelling, and being in House infected, shall contrary to the commitment or appointment of the Justice of Peace, Constable, etc. wilfully attempt to go abroad, to resist such their Keepers or Watchmen, th● may such Watchmen with Violence, force th● to keep their Houses, and if any hurt happ●● thereupon, the Watchmen shall not be impeached therefore, 1 Jac. c. 13. Dalt. J.P. c. 39 f 9▪ Cromp. 122. b. Wingates Stat. Tit. Plague. If the Constable, or other Officer, wilfully neglect to levy the Money (by Warrant from t●● Justices of Peace, upon the Statute for Reliefs any Town infected with the Plague) by Distre●● and Sale of the Goods of such Persons as refu●● or neglect to pay; then they forfeit for ever such Offence ten shillings, to be employed to th● said Charitable Use, Wingates Stat. Tit. Plagu● 1 Jac. c. 31. Dalt. J.P. c. 39 f. 91. CHAP. XXVII. The Constable's Office about conveying Prisoners to the Goal. AN Offender which is to be conveyed to Goal, must bear all Charges both of himself and of those that guard him, if he be able; and if he refuse to pay the Charges, or shall not at the time of the Commitment discharge the same, then upon a Warrant from a Justice of Peace, the Constable of the Liberty, or Town where the Offender hath any Goods (being within the same County) may sell so many of the Parties Goods, as in the discretion of the Justice shall be thought sufficient to satisfy the said Charges, the Apprizement to be made by four Inhabitants of the Parish where such Goods be, and the overplus to be returned to the Owner, 3 Jac. c. 10. Dalt. J.P. c. 43. f. 104. And if the Offender have no Goods to defray the Charges, than the Charge must be born by the Town or Parish where the Offender was taken, which must be done by Tax made by the Constable, Churchwardens, and two or three other Inhabitants; and where there are no such Officers, than four of the principal Inhabitants of the Parish must make the Rate, which being allowed under the Hand of a Justice of Peace, every Inhabitant must pay their proportion, according to the said Rate; and if any refuse to pay, the Constable, Tythingman, or other Officer, by Warrant from a Justice of the Peace, may levy the same by Distress, and (after Apprizement by four o● the Inhabitants) may sell the same, rendring● to the Party refusing the overplus, if any be, 1 Jac. c. 10. And if the Constable, or other Officer, th●● makes such Distress be sued, he may plead Justification, and upon a Verdict for the Defendant, or a Nonsuit of the Plaintiff, he shall recover triple Damages, besides Costs of the Suit. Purveyance, See Carriages. Chap. 7. fol. 23. CHAP. XXVIII. The Constable's Office about Quarter Many for Maimed Soldiers, Prisoners, etc. THE Constables and Churchwardens are to levy by Distress and Sale of the Offenders Goods, such Money as is rated upon any Person within their Constablery, for the Relief of poor maimed Soldiers and Mariners, rendering the overplus to the Owner, 43 Eliz 3. Wingates Stat. Tit. Captains and Soldiers. And this Money, so collected, is to be paid quarterly to the High Constable of the Hundred, ten days before every Quarter Sessions, or else the Constable and Churchwardens, their Executors, etc. forfeit twenty shillings: And the High Constable is to pay in the Collection Money (to the Treasurers appointed by the Justices) every Quarter Sessions, or otherwise he, his Executors, etc. forfeits 40 s. which forfeitures are to be levied and employed by the Treasurer for the increase of their Stock for the uses aforesaid, 43 El. c. 3. & Wingates Stat. Tit. Captains and Soldiers. The High Constables are to make Quarterly Payment, at every Sessions unto the Collectors appointed by the Justices, of all such Sums of Money as are raised in every Parish, and paid to them by the Churchwardens or Constables, for the Relief of the poor Prisoners in the Goal, under pain of five pounds, 14 El. c. 5. Wingates Stat. Tit. Prison and Prisoners. The Constables and Churchwardens are to levy by Distress and Sale of the Offenders Goods, so much Money as is rated upon any Person within their Parish, for the Relief of the Prisoners in the King's Bench and marshalsea, and also of Hospitals and Almshouses, and Relief of the Poor within their County, rendering the overplus to the Owner; and for want of such Distress, the Justice of Peace may commit the Party to Prison, there to abide till it be paid, without Bail or Mainprise, which Money the Churchwardens are to pay to the High Constable ten days before the end of every Quarter Sessions; and if the Churchwardens, their Executors, etc. fail to pay this Money, they forfeit ten shillings, and if the High Constable, his Executors, etc. fail to pay the Treasurers of the County the same Money at the Quarter Sessions, they forfeit twenty shillings; which Forfeitures the Treasurers may levy by Distress and Sale as aforesaid, and the moneys to be employed to the uses aforesaid, 43. Eliz. c. 2. Wingates Stat. Tit. P●● People, Dalt. J.P. c. 53. fol. 135. CHAP. XXIX. The Constable's Office about Popish Recusants. POpish Recusants above Sixteen years of a●● shall within forty days after their conviction repair to their usual dwelling, and not remo●● above five Miles from thence, on pain to fors●●● all their Goods and Lands, and Annuities, duri●● Life; and if they have no certain Abode, th●● are they to repair to the Place where they we●● Born, or where their Father and Mother dwel● and within twenty days after their arrival, the● to give their Names in Writing to the Minister Constables and Headboroughs, which Minister to enter them in a Book to be kept for that purpose, and he, together with the said Constable and Headboroughs, are to certify the same to the next Quarter Sessions, where the Justice of Peac● must cause the same to be enrolled, 35 Eliz. c. ● Wingates Stat. Tit. Crown. The Constables and Churchwardens of ever● Parish, or the one of them; if there be not such, than the High Constables of the Hundre● there, are once every year to present at th● General Sessions of the Peace, the monthly absence from Church of every Popish Recusant, and the Names of their Children, being above the Age of nine Years, abiding with their said Parents, and of their Servants, together with the Age of their Children as near as they can know them, on pain to forfeit respectively for every such default twenty shillings; which Presentment the Clerk of the Peace, or Town Clerk shall Record without Fee, on pain of forty shillings, Wingates Stat. Tit. Crown, 3 Jac. ch. 4. If the Minister, Petty Constable, and Churchwardens of any Parish, or any two of them, shall complain to any Justice of Peace, of any Person justly suspected for Recusancy, than any such Justice may tender the Oath of Allegiance to the Person so suspected; and if he refuse to take it, and be of the Age of eighteen years or above, than the Justice may commit the Party to the Goal, there to remain until the next Assizes or Sessions of the Peace; and if then the Party refuse again, he incurs a Praemunire, but if it he a Woman Covert, she shall only be imprisoned, there to remain without Bail till she take the said Oath, Wingates Stat. Tit. Crown, Dalt. J. P. c. 45. fol. 108. 7 Jac. c. 6. 1 W. and M. No Papist, or Reputed Papist (refusing to make and suscribe the Declaration enjoined by 30 Car. 2. and the Oaths enjoined in an Act for removing and preventing all Questions, etc. about the Assembling and Sitting of this present Parliament) shall at any time after the 15th day of May, 1689. have, or keep in his own Possession, or in the Possession of any other to his use, or at his disposition, any Horse or Horses above the value of five pounds to be sold, and that two or more Justices of the Peace, by Warrant under their Hands and Seals, may, and shall Authorize any Person or Persons, with the Assistance of the Constable, or his Deputy, or the Tythingman, or Headborough, (who are required to be aiding and assisting) to search for, and seize for the us● of their Majesties, and their Successors, all such Horses. CHAP. XXX. The Constable's Office about distraining for Rent. BY 2 W and M▪ It is Enacted, That from and after the first day of June, 1690. Where any Goods or Chattels shall be distrained for any Rent reserved and due upon any Demise, ●ease or Contract whatsoever, and the Tenant or Owner of the Goods so distrained, shall not within five days next after such Distress taken, and notice thereof (with the cause of such taking) left at the Chief Mansion House, or other most notorious Place on the Premises, charged with the Rent distrained for, replevy the same, with sufficient Security to be given to the Sheriff, according to Law, That then, in such case, after such Distress, and notice, as aforesaid, and expiration of the said five days, the Person so Distraining, shall and may with the Sheriff or Under Sheriff of the County, or with the Constable of the Hundred, Parish or Place where such Distress shall be taken, (who are hereby required to be alding and assisting therein) cause the Goods and Chattels so distrained, to be appraised by two Sworn Appraisers (whom such Sheriff, Under Sheriff, or Constable, are hereby impowered to swear) to appraise the same truly, according to the best of their Understandings; and after such Appraisement, shall and may lawfully sell the Goods and Chattels so distrained, for the best Price can be gotten for the same, towards satisfaction for the Rent, for which the said Goods and Chattels shall be distrained, and of the Charges of such Distress, Appraisement and Sale, leaving the Overplus (if any) in the Hands of the Sheriff, Under Sheriff, or Constable, for the Owners use. And that it may be lawful for any Person or Persons having Rent, arrear and due upon any such Demise, Lease or Contract, as aforesaid, to seize and secure any Sheaves or Cocks of Corn, or Corn lose, or in the Straw, or Hay lying or being in any Barn or Granary, or upon any Hovel, Stack or Rick, or otherwise upon any part of the Land or Pound charged with such Rent, and to lock up, or detain the same in the place where the same shall be found, for, or in the nature of a Distress, until the same shall be replevied upon such Security to be given, as aforesaid; and in default of Replevying the same, as aforesaid, within the time aforesaid, to sell the same after such Appraisement thereof to be made; so as nevertheless such Corn, Grain or Hay so distrained, as aforesaid, be not removed by the Person or Persons distraining to the Damage of the Owner thereof, out of the Place where the same shall be found and seized, but be kept there (as impounded) until the same shall be replevied, or sold in default of replevying the same within the time aforesaid. And, that upon any Poundbreach or Rescous of Goods or Chattels, distrained for Rent, the Person or Persons grieved thereby, shall in a special Action upon the Case for the Wro●● thereby sustained, recover his and their triple Damages and Costs of Suit against the Offender or Offenders, in any such Rescous or Poundbreach, any or either of them, or against th● Owners of the Goods distrained, in case th● same be afterwards found to have come to h●● use or possession. And it is provided, That in case any such Distress and Sale, as aforesaid, shall be mad● by virtue or colour of this present Act f●● Rent, pretended to be arrear and due, wher● in truth no Rent is arrear or due to the Person or Persons distraining, or to him or the●● in whose Name or Names, or Right, such Distress shall be taken, as aforesaid; that then th● Owner of such Goods or Chattels distraine● and sold, as aforesaid, his Executors or Administrators, shall and may by Action of Trespass, or upon the Case, to be brought against the Person or Persons so distraining, any or either of them, his or their Executors or Administrators, recover double the value of the Goods or Chattels so distrained and sold, together with full Costs of Suit. CHAP. XXXI. The Constable's Office about Riots and Routs. Sheriff's, Constables, and all other the King's Officers, shall suppress Rioters, and imprison them, and all other Offenders against the Peace, 27 R. 2. c. 8. Where three Persons or more shall come and assemble themselves together, to the intent to do any unlawful Act with force or violence against the Person of another, his Possessions or Goods, as to kill, beat, or otherwise to hurt, or to imprison a Man; to pull down a House, Wall, Pale, Hedge or Ditch; wrongfully to enter upon, or into another Man's Possession, House or Land, etc. or wrongfully to cut or take away Corn, Grass, Wood, or other Goods; or to hunt unlawfully in any Park or Warren, or to do any other unlawful Act, (with force or violence) against the Peace, or to the manifest Terror of the People; if they only meet to such a purpose or intent, although they shall after departed of their own accord, without acting any thing, yet it is an unlawful Assembly, because of their Intention at first, Bro. Tit. Riot. 4, 5. Co. 2 Part Institutes, fol. 176. Dalt. J. P. c. 85. fol. 217. And if after such Meeting they shall ride, move or go forward, towards the execution of such Act, whether they put their intended purpose in execution or not, this is a Rout. And if they do act any such thing indeed, than it is a Riot. CHAP. XXXII The Constable's Office about Rogues and Vagabonds THE Constable, Tythingman or Headborough, assisted by the Minister, and one other of the Parish, is to see (or do it himself) Rogues and Vagabonds, which shall be taken begging, stripped naked from the Middle upwards, and openly whipped till their Body be bloody, and then forthwith to be sent away from Parish to Parish, or Tything to Tything, the next straight way to the place of their Birth; and if that cannot be known, then to the pla●e where they last dwelled, by the space of one whole year, before such punishment; and if that cannot be known, then to the Town through which they last passed unpunished: and when they come there, if it cannot be discovered where they were born, or last dwelled, as aforesaid, then are they by that Constable to be conveyed to the House of Correction, or common Goal of that County, to be employed in Work, or placed in some Service, and so to continue by the space of one year; or in case they be not able in Body, that Town is to keep them, till they may be placed in some Almshouse within the same County, 39 Eliz. c. 4. Wingates Stat. Tit. Vagabonds, Resolu. Judge's sect. 717. Bolst. 2 part Rep. fol. 258. After such punishment, the Vagabond is to have a Testimonial under the Hand and Seal of the Constable, Tythingman, etc. and the Minister of the place, testifying the day and the place of his punishment, the place to which he is to be conveyed, and the time limited for his passage ●hither; which time if by his own default he ●xceeds, he shall incur the like punishment ●rom time to time, till he arrive at the place ●●mited. The substance of the Testimonial is ●o be entered by the Minister in a Register Book, which he is to keep for that purpose on pain of 5 s. Dalt. f. 129. The Form of a Testimonial for conveying a Rogue or Vagabond. W. W. a sturdy vagrant Beggar (aged about forty years) tall of stature, red haired, and long lean visaged, and squinteyed, was this 24th day of A. in the 22th year of the Reign of Our Gracious Sovereign Lord King Charles the Second, etc. openly whipped at T. in the County of G. according to the Law for a wandering Rogue; and is assigned to pass forthwith from Parish to Parish, by the Officers thereof, the next straight way to W. in the County of B. where he confesseth he was Born; and he is limited to be at W. aforesaid, within twelve days now next ensuing, at his peril. Given under the Hands and Seals of C.W. Minister of T. aforesaid, and of J.G. Constable there, the day and year aforesaid. A Justice of Peace alone may under his Hand and Seal make such Testimonial, Lambert 206. If any Constable, Tythingman or Headborough be found negligent in the due execution of the Act of the 39th of Eliz. aforesaid, he forfeits ten shillings for every Default. And such Persons as shall hinder the Execution of t●● Law upon Rogues, forfeit five pounds, and 〈◊〉 to be bound to the Good Behaviour. And i● Constable refuse to receive a Rogue, and to convey him or her to the next Constable; or if 〈◊〉 do receive him, and not convey him to the ne●● Constable, he forfeits five pounds, and may 〈◊〉 bound to the Good Behaviour, 39 Eliz. c. Dal●on c. 47. fol. 128. Resolu. Judge's sect. 1● 14. Every Person shall apprehend, or cause 〈◊〉 be apprehended such Rogues as he shall 〈◊〉 or know to resort to his House to beg, or receive any Alms, and him or them shall car●● or cause to be carried to the next Constable; 〈◊〉 else shall forfeit for every such Default 〈◊〉 shilling, and the Constable is to whip and convey such Rogues, as before is directed, on p●●● of twenty shillings, 1 Jac. c. 7. Dalt. c. 47. f●● 128. Resolu. Judges, sect. 13, 14. Two Justices of Peace, (one of the Quo●●● by Warrant under their Hands and Seals, m●● cause to be levied, by Distress and Sale of th● Offenders Goods, all the Fines and Forfeiture aforesaid, after Conviction of the Party, which must be either by Confession of the Party; 〈◊〉 Proof of two Witnesses before the said Justices, 39 Eliz. c. 4. Dalt. c. 47. fol. 149. 1 J●● c. 7. Constables or Tythingmen neglecting t●● search for Rogues upon the Justice's Warrant or to appear at their Meeting, to give an account what Rogues have been punished, or sent to the House of Correction; or if they neglect to convey such to the House of Correction, as by Warrant are to be sent thither, they are liable to such Fine as the Justices please, not exceeding forty shillings, 7 Jac. c. 4. Any Justice of the Peace may reward any Person or Persons, who shall apprehend, and bring before him any Rogue, Vagabond, or sturdy Beggar, by granting to such Person a Warrant under his Hand and Seal, to the Constable or Tythingman of the place through which the Rogue did pass unapprehended; ordering the said Constable, etc. to give such Person two shillings for every Rogue so taken: And if the Constable, etc. refuse to pay it, the Justice of the Peace may proceed against such Officers, according to the Stat. 1 Jac. 7. and compel him to pay his Forfeiture by the said Statute, and to allow the said two shillings out of the said Forfeiture, to such Person, with such further Allowance for loss of time, as the Justice shall think fit, 1 Jac. 7. 14 Car. 2. c. 12. If any Person shall apprehend any Rogue, at the Confines of any County, which passed through any Parish of another County unapprehended, than the Person so apprehending such Rogue, must carry him to some Justice of Peace of the County through which he passed unapprehended, who (upon a Certificate under the Hand of some Justice of Peace of the County where such Rogue was apprehended) is to grant his Warrant to the Constable, etc. to pay two shillings, as aforesaid; which if he refuse or neglect, than the Justice is to proceed against the Constable, etc. and cause him to pay ten shillings to the Party, or so much thereof for loss of time as the Justice shall think fit, 14 Car. 2. c. 12. And also, That whereas Constables, Tythingmen, etc. are at great Charges in Relieving, carrying with Passes, and conveying Rogues, etc. all Constables, Tythingmen, etc. so out of Purse, with the Churchwardens as Overseers of the Poor, and other Inhabitan●● of the Parish, may make a Rate, and tax 〈◊〉 the Inhabitants of the Parish, which a●● chargeable by the 43 of Eliz. which Rate mo●● be confirmed under the Hands and Seals o● two Justices of the Peace. And if any People refuse to pay his Rate, than the Constable, 〈◊〉 Warrant from two Justices of Peace, may Je●● the same upon the Goods of the Party refusing rendering them the Overplus, if any remai● thereof, 14 Car. 2. c. 12. All these Persons hereafter named, are accounted and adjudged Rogues, Vagabonds, an● sturdy Beggars: That is to say, All such Persons above the Age of seven years, Man o● Woman, Sole or Covert, that wander from their usual place of Abode, abroad, every where begging; or if they do not beg, yet 〈◊〉 they wander and loiter about without a lawful Passport, and give no good account for their Travel, are accounted Rogues, 39 Eliz. c. 4. & 17. 43 Eliz. c. 2. 1 Jac. c. 7. 21 Jac. c. 28. 7 Jac. c. 24. 5 Eliz. c. 4. Dalt. c. 47. fol. 123, 124, 125. All Scholars and Seafaring men which beg, wand'ring Persons that use unlawful Games, subtle Craft or Plays, or pretending themselves to have skill in Physiognomy, Palmistry, or the like; or to be Fortune-tellers, or Figure-casters. All Proctors, Patent-gatherers, (except for Fire) Collectors for Goals, Prisoners or Hospitals, wand'ring abroad; Fencers, Bearwards, (those are Rogues in Grain) common Players of Interludes, and Fiddlers or Minstrels, wand'ring abroad. All Jugglers, Hocus Pocus, and 'Slight of Hand Artists, Tinkers, Pedlars, and Petty Chapmen and Glass-men, wand'ring abroad, especially if they be not well known, or have not a sufficient Testimonial; all counterfeit Egyptians, not being Felons; all Persons delivered out of Goals, which beg for their Fees, or otherwise do travel begging; such as go to ●or from the Baths, and do not pursue their Licence, Soldiers and Mariners that beg, and counterfeit a Certificate of their Commanders. All Labourers which wander abroad out of the Parish, and refuse to work for Wages reasonably taxed, having no living otherwise to maintain themselves; and such as go with a General Passport, which is not directed from Parish to Parish. All these are accounted Rogues, Vagabonds, and sturdy Beggars. All Servants that depart out of their Service, (viz. out of one City, Town or Parish to another, or out of one Hundred or County to serve in another) without a Testimonial, or with a false one; and such Persons as are sick of the Plague, and wilfully go abroad in Company, against the command of Officers, are to be punished as Vagabonds; but none are to be sent to the place of Birth or last Habitation, but wand'ring Rogues. Those which beg in their own Parish, or in High ways, (without the appointment of the Overseers) are to b● sent to the House of Correction. A Wife and Children under seven years' 〈◊〉 Age, being vagrant, must be placed with th● Husband; and if the Husband be dead, the● with the Wife where she was born, or l●● dwelled; and vagrant Children above seve●●● years of Age, must be sent to the place 〈◊〉 their Birth; and if the Vagrant Parents, wh●●● their Children under seven years of Age, 〈◊〉 placed at the place of Birth of the Parents, 〈◊〉 at the place of Dwelling; if afterwards th● Parents, or either of them die, or run away yet the Children once settled, must rema●● there still, and may not be sent to the place 〈◊〉 their Birth, though afterwards they attain t● the Age of seven years, 39 Eliz. c 4. Dalt. J. P▪ c 47. fol. 135. Resolu. Judges, sect. 4, 5. The Wife being but a vagrant Rogue, aught to be sent to her Husband, though he be b●● a Servant in another Town or Parish; and th● Rogue whose place or dwelling cannot be know● having Wife or Children under seven years' 〈◊〉 Age, they must go with the Husband to the place where they were last suffered to pass through unpunished; where the Children mus● be relieved with the Work of their Parents though their Parents be committed to the House of Correction. CHAP. XXXIII. The Constable's Office about keeping the Sabbath. THE Constable by Warrant from a Justice of Peace, (or the Chief Officer of any ●ity, Borough, or Town Corporate) under ●heir Hand and Seal, against such as use unlawful ●ames on the Sabbath-day, as Bull-baiting, Bearbaiting, Interludes, or other unlawful Exercises within their own Parish, or out of their own Pa●●sh at any such Sports whatsoever, may levy the ●enalty of three shillings and four pence, by ●istress and Sale of the Offenders Goods, rendering the overplus to the Owners; and in decult of Distress, the Constable is to set the Offender's in the Stocks by the space of three hours: Note, That the Party offending in these Games, must be questioned within a month after the Offence committed, 1 Car. 1. c. 1. Dalt. J.P. c. 23. ●ol. 63. If any one on the Sabbath-day, keep, or be present at any Wrestling, Shooting, Bowling, ●inging of Bells for Pleasure, Mask, Wake, Church Ale, Dancing, Games, Sport or Pastime whatsoever, they forfeit five shillings, if he or ●he be above fourteen years of Age, and if un●er that Age, than twelve pence by him that ●ath the Government of the Party, to be levied by Sale and Distress by the Constable, by Warrant from a Justice of Peace, or Chief Officer, ●s aforesaid; and for want of Distress, to be set ●hree hours in the Stocks. And every Carrier going with his Horses on this day, or Wagoner, Carrier or Waynman going with any Wagon, Cart or Wain, or Drover with his , forfe●● twenty shillings for every Offence, to be levi●● also by Distress and Sale of his Goods, if he 〈◊〉 questioned within six weeks after the Offen●●● done; but there must be but one twenty shillings forfeit for one Journey, although they p●●● through several Parishes, and this twenty shillings that Parish shall have where the Distreyne is first taken, 3 Car. 1. c. 1. Dalt. c. 50. ● 134. And if any Butcher by himself, or any for hi● shall kill or sell any Victuals upon the Lo●● day, he forfeits six shillings and eight pence, 〈◊〉 be levied by the Constable, by Distress and S●●● as aforesaid, upon Warrant from a Justice Peace, etc. the Offence to be questioned wi●● six weeks after it is committed, and the Part●● to be convicted before any Justice of Peace Mayor, or Head Officer, etc. upon their ow● view, proof of two Witnesses or more, or t●● Parties own confession, and the Justice, Mayor etc. may reward the Informer with the this part of the Penalty, 3 Car. 1. c 1. Dalt. J.P. c. 5● fol. 134. All Laws in force concerning the Observation of the Lords day, shall be put in Execution none shall do any Work, by Labour or Business that day, Works of Charity and Necessity only excepted:) and the Offender, if of the Age 〈◊〉 fourteen years or upwards, shall forfeit fin●● shillings: none shall cry, or expose to sale 〈◊〉 Wares that day, on pain to forfeit them: 〈◊〉 Drover, Horse-Courser, Waggoner, Butche●● Higler, or their Servants, shall travel on the Lord's day, on pain to forfeit twenty shillings no Person shall travel on that day with any Boa●● Wherry, etc. except on extraordinary occasion ●o be allowed by a Justice of Peace, or Head Officer of the place, etc. on pain to forfeit five shillings, 29 Cap. 2. c. 7. The Justice of Peace, or Chief Officer of the City, Borough, etc. before whom the Offender ●s convicted, by View, Confession, or Oath of ●one Witness, shall give Warrant to the Constable's or Churchwardens, to seize the Goods ●●ried, or put to sale, and to sell them, and to ●evy the other Penalties by distress and sale of Goods, and in case of inability, etc. to set the Offenders in the Stocks for two hours: the Penalties to be to the Poor of the Parish where the Offence ●s committed, saving that the Justice or Head Officer may reward Informers, the Reward not exceeding a third part of the Penalties. But Prosecution must be made upon this Act within ●en days after the Offence committed, 29 Car. 2. c. 7. Dressing of Meat in Families, Inns, Cooks●hops, etc. and crying of Milk before nine in the Morning, or after four in the Afternoon, are not prohibited by this Act, 29 Car. 2. c. 7. No Writ, Process, Warrant, etc. shall be served on the Lord's day, except for Treason, Felony, or Breach of the Peace; but the Service shall be void, and the Party serving it shall answer Damages, as if done without Warrant, 29 Car. 2. c. 7. CHAP. XXXIV. The Constable's Office about profane Swearing. IF any Person or Persons shall profanely C●●● and Swear, for every time so offending the● forfeit twelve pence; the Offence to be pro●● within twenty days after it is committed, 〈◊〉 the Oath of two Witnesses, or by Confession the Party before any Justice of Peace, or H●● Officer of any City or Town Corporate; w●● thereupon may issue out their Warrant to th● Constables, and Churchwardens, and Overse●● of the Poor of that Parish where the said Offen●● shall be committed, and the said Constables, o● are to levy the Sum and Sums of Money by 〈◊〉 stress and sale of the Offenders Goods, rendr●● the overplus, if any be, to the Owner, 21 J●● c. 20. 3 Car. 1. c. 4. Wingates Stat. Tit. Swearing Dalt. J.P. c. 55. f. 138. Note, Where no Distress is to be had, th● Offender, if above twelve years of Age, sh●● by Warrant, as aforesaid, be set in the Stoc●● three whole hours; but if the Offender be ●●der the Age of twelve years, and shall not forth with pay the said Sum of twelve pence per Oath than he or she is to be whipped by the Constable's or by the Parent, or Master, in the Constable presence, 21 Jac. c. 20. 3 Car. 1. c. 4. Dalt. J.P. c. 55. fol. 138. CHAP. XXXV. The Constable's Office about Tobacco Planting. ALL Sheriffs, Justices of Peace, Mayor, Bailiffs, Constables, and every of them, ●pon Information or Complaint made to them, 〈◊〉 any of them, by any of the Officers of the customs, or by any other Person or Persons whatsoever, that there is any Tobacco set, sown, ●anied, or growing within their Jurisdictions 〈◊〉 Precincts, (except such as is growing in any physic Garden of either University, or in any ●●her private Garden, where the quantity of ●round planted exceeds not one half of one ●●ble, in any one Place or Garden) they are with●● ten days after such Information or Complaint, 〈◊〉 cause to be burnt, plucked up, consumed, or ●●terly destroyed, all such Tobacco so set, sown, ●anted or growing, 12 Car. 2. c. 34. And if any Person or Persons shall resist, or ●ake forceable opposition against any Person or ●ersons in the due execution of this Office as a●vesaid, every Person or Persons for every such offence, shall forfeit the Sum of five pounds, to 〈◊〉 recovered in any Court of Record; and be so committed to the Common Goal of the ●ounty where the Offence was committed, there 〈◊〉 remain without Bail or Mainprize, until he, ●●e, or they do enter into Recognizance to his majesty, his Heirs and Successors, with two suffi●●ent Sureties in ten pounds' Penalty, not to do 〈◊〉 commit the like Offence again, 12 Car. 2. c. 34. ●● Car. 2. c. 7. And now by the Stat. 22 & 23 Car. 2. It further provided, That the Justice of Peace 〈◊〉 a month before every Quarter Sessions, 〈◊〉 Warrants to High Constables, Petty Constable and Tythingmen, to make search what To●●●● is then sown, planted or made, and by who●● and to make Presentment thereof in Wri● upon Oath at the next Quarter Sessions; wh●● Presentment shall be a conviction in Law, 〈◊〉 less the Party (having ten days notice before 〈◊〉 Sessions) traverse the same there, and find S●●●ties to prosecute his Traverse the next Quar●●● Sessions after such Traverse entered, 22 & 〈◊〉 Car. 2. c. 26. Constables, Tythingmen, and other pub●●●● Officers, shall from time to time, within fourt●●● days after Warrant from two or more Justi●● of Peace, calling to them such as they find convenient, destroy all Tobacco planted or gr●●ing in any Ground: If such Tobacco be 〈◊〉 consumed fourteen days after receipt of 〈◊〉 Warrant, such Constables, Tythingmen, or ot●●● Officers respectively shall forfeit five shilli●● for every Rod so set or planted, etc. and proportionably for a greater or less quantity; 〈◊〉 moiety to the King, the other to him that ●●t sue for the same, 22 & 23 Car. 2. c. 26. Persons refusing to assist the Constable, ● being convicted before two Justices of Peac● shall forfeit five shillings, to be levied by distr●●● and sale of Goods, and for want thereof shall 〈◊〉 committed for a week: And Persons forc●●●● resisting any Constable, etc. being convicted aforesaid, shall forfeit five pounds, to be levied aforesaid, and in default thereof, shall be committed for three months, 22 & 23 Car. 2. c. 26. Physic Gardens, and Gardens for Chirurgery excepted, as in the former Acts. Persons sued ●or acting in Pursuance of any of these three Acts of Parliament, may plead the General Issue, ●nd give the special Matter in Evidence: This Act is to continue nine years, and from thence ●o the end of the Session of Parliament than next ensuing, 22 & 23 Car. 2. c. 26. Continued 1 Jac. 2. for seven years, and from ●hence to the end of the next Session of Parliament. CHAP. XXXVI. The Constable's Office about Weights and Measures ALL Cities, Boroughs, and Market Towns in England, aught to keep common Weights and Measures sealed, at which the Inhabitants may weigh freely; and all Foreiners must pay for every Draught under forty pounds, one Farthing; for a Draught between forty and an hundred, an Halfpenny; and for a Draught between an hundred and a thousand, one Penny; wherewith the Weights are to be maintained; and the Officers which attend that Service are to be rewarded at the discretion of the Inhabitants, 8 H 6. c. 5. Every City which wants such Weights and Measures, forfeits 10 l. to the King, every Borough 5 l. and every Market Town 40 s. and the chief Officers of such places (upon request to them made) are to Mark and Seal such Weights and Measures to any of the King's Subjects, taking for the marking of every Bushel one Penny; and none ought to 〈◊〉 with any other Weights and Measures, but suc● as are marked or sealed, 8 H. 6. c. 5. 11 H. ● c. 4. The Mayors and chief Officers in Cities, & ● are once every year, at least, to view all Measures and Weights in their Jurisdictions, 〈◊〉 to break or burn such as they find defective and to punish the Offenders for the first Offence six shillings eight pence, for the secon● thirteen shillings four pence, and for the thi●● Offence, twenty shillings; and besides, 〈◊〉 adjudge the Offenders to the Pillory, ●1 H. ● c. 4. CHAP. XXXVII. The Constable's Office about Watches. A Watch is to be kept in every Town, Parish, Village and Tything, every night from Ascension till Michaelmas, from Sunset to Sun-rise, which the Constables, etc. must constantly cause to be set, and, that by two o● four Men, according to the greatness of the place, 13 Edw. 1. c. 4. Dalt. c. 60. f. 140. P●ul● Watch. 1. These Watchmen are to apprehend and examine all Strangers that pass by them in the Night, and if they find cause of suspicion 〈◊〉 them, than they may secure them till the Morning; and if the Parties refuse to obey the Watchmen, they may levy Hue and Cry to take them, and upon their resistance, the Watchmen may justify the beating of them, and set them in the Stocks or Cage till Morning; and ●hen if no suspicion be found in the Parties, ●hey may let them go; but if there be found suspicion in them, than the Watchmen may de●iver them to the Constable, or Tythingmen, etc. who is to convey them before a Justice of Peace, who after Examination of them, may bind them over, commit or acquit them as he shall see cause. These Watchmen are also to apprehend all such as ride or go armed, and all Rogues, Vagabonds, Noctivagants, Nightwalkers, Eavesdroppers, Scouts, and such like, 1 Dalt. c. 60. fol. 140. 5 Ed. 3. 14. 5 H. 7. 5. These three particulars following, have been held for Law concerning Watches, viz. Dalt. J.P. c. 60. fol. 141. 1. The Watchmen must be Men of able Body, well and sufficiently armed, and no Man is compellable to watch, unless he be an Inhabitant within the same Town or Parish where he is required to watch. 2. Such as are Inhabitants within the Town, are not compellable to watch at the will of the Constable, but only when their turn comes, according to the use and custom of the place, which is most commonly by Turn or House. 3. It hath been held by some, That if a Man, who is compellable to watch, shall contemptuously refuse to watch, upon command of the Constable, that in such case the Constable might, ex Officio, set the Party in the Stocks for his contempt, Dalt. ibid. But the safest way is for the Constable 〈◊〉 present such Person for his Default at the Assis● or Sessions of the Peace, or else to compl●●● of him to a Justice of the Peace, who 〈◊〉 bind the Offender to the Good Behaviour, a●● so over to the next Quarter Sessions, there 〈◊〉 answer, etc. CHAP. XXXVIII. The Constable's Office about Executing Warrants. THE Constable, or other sworn Officers whom any Warrant shall be directe● and delivered, aught with all speed and se●●●cy to seek and find out the Party, and then 〈◊〉 execute his said Warrant. A known sworn Officer (be he Sheriff, U●der Sheriff, Bailiff or Constable, etc.) need not to show his Warrant to a Man when 〈◊〉 comes to serve it upon him, though he demandeth it; but if the Justice will direct 〈◊〉 Warrant to his Servant, or to another (wh● is no sworn Officer) to serve it, they m●●● show their Warrant to the Party, if he deman● it, or otherwise the Party may make resistance, and needs not to obey it, Bro. Faux I● pris. 23. A sworn and known Officer, if he will no● show his Warrant yet he ought to declare to the Party the Contents thereof upon serving it Co. 6.54. & 9.68. An Officer giveth sufficient notice what he is when he saith to the Party, I Arrest you in the King's Name, etc. and in such case the Party, at his peril, aught to obey him, though he knoweth ●im not to be an Officer; and if he have no lawful Warrant, the Party gieved may have ●is Action of False Imprisonment against him, ●o. 6.69. If a Constable, or other Officer, do arrest a Man for the Peace, or the like, before he hath ●ny Warrant, and then afterwards doth procure a Warrant (or a Warrant cometh after to ●im) to arrest the Party for the same cause, ●he first Arrest was unlawful, and the Officer is ●able to an Action of False Imprisonment, Dyer ●44. Stat. 43 El. c. 6. Where a Warrant is granted against I. H. the Son of T. H. and the Officer thereupon arresteth I. H. the Son of W. H. although in truth he ●e the same Person that offended, and against whom the complaint was made, yet this Arrest is wrongful, and the Officer is subject to an Action of False Imprisonment, 10 E. 4. fol. 12. ●r. False Impris. 38. If a Constable, or any other Person, hath arrested a Man by virtue of his Warrant, which he hath from a Justice of the Peace, and then taketh his Word, that he will come to him again at another time, to go with him to the Justice according to his Warrant, (and so latteth the Party go) who comes not again at the time appointed, it seems the Officer cannot afterwards arrest, or take him again by force of his former Warrant, because this was done by the consent of the Officer; but if the Party arrested had escaped (of his own wrong) without the consent of the Officer, the Officer may take him again, and again, upon fresh Suit so often as he escapeth, although he be out of view, or that he fly into another Town 〈◊〉 County. Cromp. 214. a. & 184. Cro. 53.144. When an Officer hath received a Warrant he is bound to observe and pursue the effe●● of his Warrant in every behalf and particular or otherwise his Warrant will not excuse 〈◊〉 of that which he hath done. If a Constable, or other Officer, having lawful Warrant to arrest another, and he sh●●● be resisted or assaulted by the Party, or by another Person, then may that Officer justify t●● heating or hurting of such Persons, and other (upon his request) may and aught to aid hi● 21 H. 7.39. If a Justice of Peace shall issue our any Warrant for a Matter wherein he hath Jurisdiction although it be beyond his Authority, yet it 〈◊〉 not disputable by the Constable, or other s●●● Officer, but must be obeyed and executed 〈◊〉 the Constable, or other Officer, to whom it 〈◊〉 brought. As if a Justice of Peace shall se●● forth his Warrant to arrest one for the Pea●● or Good Behaviour without cause, the Office● that serves this Warrant, shall not be punishe● for the executing thereof; but if a Justice 〈◊〉 Peace shall make his Warrant to do a thi●● out of his Jurisdiction, or in a Cause where●● the Justice of Peace is no Judge, if the Offic●● shall serve such a Warrant, here he is punishable; for the Officer is not bound to obey him who is not Judge of the Cause no more tha● a mere Stranger, for the Officer is bound 〈◊〉 take notice of the Authority and Jurisdiction 〈◊〉 the Judge, 14 H. 8.16. Br. Faux Impris. 8. Co. 10 26. Cromp. 74. But if any Justice sends his Warrant to a Constable, or any other Officer, to bring him to answer all such Matters as shall be objected against him, and doth not specify the Cause in his Warrant, wherefore he issued forth the same, this Warrant is unlawful, and the Officer is liable to an Action of False Imprisonment if he executes it. So if a Justice of Peace send a Warrant to take one for Cozenage, to take and bring to a Justice, or to Goal, one that another doth suspect for Felony, where the Matter is small, or the Suspicion slight, or to licence a petty Chapman to sell from House to House, to send a poor Body to a place otherwise than the Law directs, such kind of Warrants are not Warrantable. All Warrants not specifying the Cause, are utterly against Law, Cooks Inst. part 4. Tit. de Frangent. Prison. Except for Treason, or Warrants from the Council, Secretaries of State, or Lord Chief Justice, these need not set forth the Cause for Reasons of State. If any Man shall contemn or abuse the Justice of Peace his Warrant, as by casting it into the Dirt, or treading it under his Feet, etc. such Offender may be bound to his Good Behaviour for it, and be indicted and fined, it being a contempt against the King's Process. Cromp. 144. THE Churchwardens OFFICE. CHAP. I. The Antiquity of the Churchwardens Office, and how they are to be chosen. THE Antiquity of the Office of a Churchwarden (when they first received that Title) is very uncertain; but some are of Opinion, that it was about eighty seven Years after Britain had received the Christian Faith, which most Historians do agree, was planted here in the Reign of King Lucius, in the Year of Christ CLXXX, who is hitherto stilled the first Christian King of this Isle; and that Dionysius In the Year CCLXVII did divide (both in Rome and other places) to Bishops their Dioceses; and Parishes, Churches and Churchyards to Priests, Vicars and Curates; whether at that time, or how long after Churchwardens were instituted, is not certainly known. But all Authors do agree, that they are very ancient Officers, that these Churchwardens of Parishes are at the Common Law taken in the manner of a Corporation, 12 H. 7. ult. that 〈◊〉 to say, Churchwardens at the Common Law are persons enabled by that Name to take Movable Goods or Chattels, and to sue, or be sued at the Law concerning such Goods for the use and profit of their Parish. And they are to take care, see to, and preserve the Goods of the Church, viz. The Church-Books Communion Cups, etc. and other decent Ornaments and Furniture of the Church, which they do find there at their coming into their Office. In the Book of Constitutions and canons Ecclesiastical, agreed upon in the Synod beg●● at London Anno Dom. 1603. and in the first Yea● of King James, it is appointed, that Churchwardens, Questmen, Sidemen, or Assistants 〈◊〉 every Parish, shall be chosen by the joint Consent of the Minister and the Parishioners, if i● may be; but if they cannot agree upon such a choice, than the Minister shall choose one, and the Parishioners another; and without such a joint or several Choice, none shall take upon them to be Churchwardens; neither shall they continue any longer than one Year in that Ofifice, except they be chosen again in like manner; and they are to be yearly chosen in East●● Week; Canon 89, 90. But notwithstanding this Canon, where there is an ancient Custom in any Parish for the choice of Churchwardens contrary to the Canon, in suc● case the Custom is to be observed before th● Canon, as shall be instanced in several cases here after mentioned. If the Parishioners of a Parish have used time out of mind, etc. to choose one Churchwarden, and the Parson or Vicar another, and afterwards a Canon is made, that the Vicar shall elect two, and he do so accordingly; and the Parishioners elect one, according to their Custom, and the Ordinary disallows him, and confirms the other two chosen by the Vicar, in this case a Prohibition shall be granted, The Parishioners Case of Rovenden in Kent, Rolls Cases, part 2▪ f. 287. Pas. 5 Jac. B. R. A Prohibition was granted against a Churchwarden chosen by the Parson of St. Magnus by London Bridge by force of a Canon, upon a Surmise, that the Parish had a Custom to choose two Churchwardens, Trin. 7 Car. 1. B.R. between Shirley and Brown, Rot. 1391. Rolls 2 part, fol. 287. Warners Case, B. R. Pas. 17 Jac. The like was granted against a Churchwarden chosen by the Parson of St. Alhallows London. Pas. 5 Jac. Cro. 2 part Rep. The Case of the Parishioners of Walbrook London. Pas. 15 Car 1. B.R. The like against a Churchwarden chosen by the Parson of St. Thomas in London, Cro. 3 part, evelyn's Case. Pas. 4 Car. 1. B.R. Rot. 420. Rolls Cases, 2 part fol. 287. The like granted between Draper and Stone for Abchurch in London. An Attorney cannot be made a Churchwarden; but if he be put in, and refuse, and be sued in the Spiritual Court, he may have a Prohibition, wilson's Case, Pas. 14 Car. 1. B. R. & Baker's Case, Trin. 14. Car. 1. B. R. Rolls Cases, 2 part, f. 272. CHAP. II. The Churchwardens Office about Profanation of the Sabbath, and of the Church. THE Churchwardens are diligently to set that all the Parishioners duly resort to their Parish Church on Sundays and Holydays, and there continue the whole time of Divine Service; and none to walk, or stand idle, or talking in the Church, Church-yard or Church porch, during that time; and all such as shall be found slack or negligent in resorting to the Church, (having no great or urgent cause of Absence) they shall earnestly call upon them, and if they amend not after due Admonition, they must present their Names to the Ordinary of the place, Canon 90. 5 Ed. 6. c. 1. If the Churchwardens find any Person absent from the Church upon Sundays or Holy days in the time of Divine Service, Preaching, or other Holy Exercise, such Person is to pay 12 d. to the use of the Poor. And this extends as well to all Women Covert, as to other Persons; or the Churchwardens may present such Offenders in the Ecclesiastical Court; but they must not pay 12 d. and be presented too, 1 Eliz. c. 1. Hob. Rep. f. 97. If the Officer find any Tippling, in any Inn or Alehouse, in the time of Divine Service, than they forfeit 3 s. 4 d. more for Tippling, besides the 12 d. for being absent from the Church; And the Master of the House that suffers them to drink, forfeits 10 s. which Forfeitures are to the use of the Poor, 4 Jac. c. 5. The Churchwardens, or Questmen, and ●heir Assistants, shall suffer no Plays, Feasts, Banquets, Suppers, Church Alice, Drink, Temporal Courts or Leets, Lay Juries, Musters, or any other Profane Usage to be kept in ●he Church, Chapel, or Churchyard; neither the Bells to be rung superstitiously upon Holydays or Eves abrogated by the Book of Common Prayer, nor at any other times without good cause, to be allowed by the Minister of the place, and by themselves, Can. 88 Neither the Minister, Churchwardens, nor any other Officer of the Church, shall suffer any Man to preach within their Churches nor Chapels, but such as by showing their Licence to preach shall appear unto them to be sufficiently authorized thereunto, Can. 50, 85. And the Churchwardens and Questmen are also to see that in every Meeting of the Congregation the Peace be well kept, and that all Persons excommunicated, and so denounced, be kept out of the Church. Every of the Persons appointed by the said Act, to take the Oaths of Supremacy and Allegiance, in the respective Court where he takes the said Oaths, shall first deliver a Certificate of his receiving the Sacrament of the Lords Supper, as in and by the said Act is likewise appointed, under the Hands of the respective Minister and Churchwardens, and shall then make proof of the Truth thereof, by two credible Witnesses at the least upon Oath, 25 Car. 2. c. 2. CHAP. III. Some few cases concerning Actions for, and against Churchwardens. NOte, As I have said before, the Lo●● doth make Churchwardens a kind 〈◊〉 Corporation, and enables them by that Name t● take movable Goods and Chattels, and to s●● and be sued at Law concerning such Goods fo● the use and benefit of their Parish; yet they cannot take an Estate of Lands to them by Name of Churchwardens; for if a Feoffme● be made to the use of the Churchwardens of 〈◊〉 this use is void, for they have no capacity 〈◊〉 take such Purchase, Finch lib. 2. c. 17. p. 179 Rolls Cases, 1 part, fol. 393. Neither can Churchwardens prescribe to have Lands to them and their Successors, for they are no Corporation to have Lands, but for Goods of the Church only. If a Man buy a Bell, and hang it up in the Steeple, or do make a Pew, and set it up is the Church, and do neither make any Word o● Writing there of, yet by this is the Bell o● Pew dedicated or given to the Church, 11 〈◊〉 4. 12. 8 H 7. 12. The Churchwardens have no Action at the Common Law to recover a Legacy, nor any thing which they never had; but if any Goods or Ornaments of the Church, be once in their Possession and Custody, they may maintain as Appeal of Robbery against him that stealeth them, and an Action of Trespass against him that shall wrongfully take them away, although ●t be the Vicar or Parson himself: and the Damages that shall be recovered thereby, shall ●e to the use of the Parish, and not to their own use, 37 H 6. 30. & 34. 11 H. 4. 12. But if those Churchwardens (from whom ●he Goods were so taken) shall happen to die before any Action by them brought for the Goods, the succeeding Churchwardens shall have an Action for the same Goods, Fitz. N.B. ●1. K. If a Bell be broken, the Churchwardens may have an Action against him that broke it, and shall recover Damages, which shall be to the use of the Parish, and not to their own use. The Churchwardens have no such property in the Goods of the Church, as thereby to have power to give, sell, release, hurt, or impair them, without the assent of the Sidemen or Vestry. If the Churchwardens shall give or impair the Goods of the Church in their Custody, the Parishioners may choose new ones, who may have an account against their Predecessors, Finch lib. 2. c. 17. p. 179. If the Organs be taken out of the Church, the Churchwardens may bring an Action of Trespass for the same; for the Organs belong to the Parishioners, and not to the Parson; and therefore the Parson cannot sue the Party in the Ecclesiastical Court that took them, Trin. 21 Jac. B.R. Rolls Cases, 1 part. fol. 393. If the Walls, Windows or Doors of the Church be broken down, or the Trees in the Churchyard be cut down, or the Grafts thereof be eaten up; in this case the Parson or Vicar, and not the Churchwardens, shall ha●● an Action for it. A Parson may bring his action for breaking and entering into his House and Close, when it is the Church and Church-yard, 10 H. 4. fol. 9 8 H. 6. fol. 9 The Churchwardens by the assent and agreement of the Parishioners, may take a ruino● Bell, and deliver it to a Bell-Founder, as agree with him that he shall have four Pound● for casting it, and that he shall retain the sa●● till the four pounds be paid: And such agreement of the Parishioners shall excuse the Churchwardens in a Writ of Account brought against them by their Successors Churchwardens, M. 3● 38 El. B. R. Methold and Winne● Case, Rol● Cases, 1 part, fol. 393. If the Churchwardens present in the Ecclesiastical Court, That one A.B. (one of their Parishioners) is a Railer, and Sour of Disco●● amongst his Neighbours; in such case there lies a Prohibition; for this belongs to the Lee● and not to the Spiritual Court, unless such Railing were in the Church or Church-yard Mich. 16 Jac. C.B. Rot. 716. Smith and Pan●●● Case. If the Churchwardens sue in the Ecclesiastical Court for a Church Way, which they clai● to belong to all the Parishioners by Prescription, a Prohibition lies, for this is a Tempora●● Cause. If the Churchwardens of H. sue R. A. in the Ecclesiastical Court, for that he and all those whose Estate he hath in such an House, etc. at the Perambulation or Procession of the Parishioners of the Parish, did use to provide 〈◊〉 Refreshing for them, with Bread, Cakes, Cheese, and Ale, etc. and suffer them to rest there; in this case a Prohibition will be granted, for that they claim it in the nature of a Corrody. CHAP. IU. The Churchwardens Office about disposing of Seats in their Church. THE Churchwardens are to look to the Repair of the Seats in the Church, but the disposing of the Seats in the Body of the Church belongs of common Right to the Ordinary of the Diocese, so that he may place and displace whom he pleases, except in some cases. As if a Man and his Ancestors, and all those whose Estate he hath in a certain Message, have used time out of mind to repair an Isle of the Church, and to sit there, and none else; in such place the Ordinary cannot displace him, because he hath it by Prescription for a reasonable consideration. If a Man prescribe, that he and his Ancestors, and all those whose Estate they had in a certain Message, did use to sit in a certain Seat in the Body of the Church, time out of mind, in consideration that he and they have used time out of mind to repair the said Seat, if the Ordinary remove him from such Seat, a Prohibition may be brought, for the Ordinary hath no power to dispose of it; for it is a good Prescription, and by intendment a go●● Consideration for the same. But if a Man prescribe to have a Seat in th● Body of the Church generally, without consideration to repair the same, in such case the Ordinary may displace him. But the Ordinary hath nothing to do with th● Seats in the Chapels belonging to the Houses of Noblemen, Trin. 12 Jac. C.B. Rolls Cases, 2 par● fol. 288. But if a Layman by the dissolution of Monasteries hath a Monastery in which there is 〈◊〉 Church, parcel of it, and he suffers the Parishioners for a long time to come to it, and do Divine Service, and to use it as their Parish-Church▪ this (unless for all the whole time the Party hath used to place Men in their Seats himself) shall give Jurisdiction to the Ordinary to order the Seats; for that now in Fact is the Parish-Church, although that before it were not subject to the Ordinary, Tr. 12 Jac. C. B. Buzzards Case, Rol●s 2 part, f. 228, 289. If there be a Custom in a Parish that twelved the Parishioners may choose Churchwardens, which Churchwardens have power by the Custom to repair the Seats, and make new ones is the Body of the Church, and to appoint what Persons shall sit in them; and the Churchwardens so elected, do erect a new Seat in the Body of the Church, and appoint a certain Man to sit there, and afterwards the Ordinary decrees, that another shall have the Seat, here a Prohibition lies; for the Custom hath fixed the power of disposing the Seats in the Churchwardens, P. 16 Jac. B. R. Barbin and Tredennicks Case for a Seat in Breock Church in the County of Cornwall: but the reason of granting the Prohibition in this Case, ●as partly because that the Sentence of the Ordinary was, That Tredennick should have the Seat ●o him and his Heirs, and that none should dissturb him on pain of Excommunication, which 〈◊〉 unreasonable, and by such Sentence he and his ●eirs should have it, though they were no Inhabitants within the same Parish, Rolls Cases, ● part, fol. 289. CHAP. V The Churchwardens Office about Reparations and Rates. THE Churchwardens are to see that the Church and Church-yard be well repaired and kept clean; and they are to provide Books of Common Prayer, Books of Ho●●●lies, a Parchment Book for Registering of christenings, Weddings and Burials in; Fonts, pulpits, Tables, Chests for Alms, Communion Cups, Ornaments, and other Furniture, and 〈◊〉 Chest with three Locks and Keys for putting the same in. And they are to provide ●read and Wine for the Sacrament according ●o the number of the Communicants, 37 H. 6. ●0. 11 H. 7. 27. Canon 20, 70, 80, 81, 82, 83, ●4, 85. And they may Rate the Parish for Money to defray their Charges. Their Rates are to be done by the Churchwardens, with the assent of the greater part of ●he Parishioners, and upon a general warning ●ven before they meet for that purpose. And the Ecclesiastical Court hath Cognizanoe of 〈◊〉 Reparation of the Body of the Church. If a Man dwell in one Parish, and have La●● in another Parish, which he occupies there, 〈◊〉 may be charged for such Lands, for the Rep●●●tion of the Church of the Parish where 〈◊〉 Lands lie, Co. 5. Rep. fol. 67. If an Inhabitant of one Parish lease out 〈◊〉 Lands which he hath in another Parish, res●●ving Rend, than he shall not be charged in 〈◊〉 Parish where the Lands lie, because there 〈◊〉 Parishioner and Inhabitant who may be charges Ibid. If a Man live in one Parish, and occupy La●● in another Parish, he shall not be charged 〈◊〉 that Parish where the Lands lie, for the Ornaments of the Church according to his La●● for the Inhabitants only ought to be rated 〈◊〉 them. Neither can a Man be charged in the Par●●● where he doth inhabit, for the Lands which 〈◊〉 occupieth in another Parish, towards the ●●paration of the Church in the Parish where●● liveth; because than he might be twice charges for he may be charged in the Parish where 〈◊〉 Land lies. If a petty Chapman take a Stall in the Wa●● of a Manor for Rent, within the Market, 〈◊〉 two or three hours every Market-day to i● his Commodities, the Market being held the one day every Week, but he inhabits in another Parish, here he cannot be rated to the Reparation of the Church for such Stall or Stand●●● M. 20 Jac. B.R. between Holms and the Churchwardens of Kittering in Northamptonshire, res●●ved, and a Prohibition granted accordingly, R●● Cases, 2 part, f. 289. If a Citizen of London build an House in ●he Parish of A. and inhabit there in the time of Sickness in London, and hath not any Land in the Parish, and afterwards he is assessed 20 s for ●he Reparation of the Church, where others that have a 100 Acres of Land in the same Parish ●ay but 6 d yet notwithstanding no Prohibition ●●es in this case in the Court Christian, because they have the Jurisdiction of the thing; and therefore he must be ordered according to their ●aw, M. 5 Jac. C.B. Sir Robert Leys Case, Rolls ●ases, 2 part, fol. 289. If there be a Chapel of Ease within a Pa●●sh, and one part of the Parish have used ●●me out of mind to repair the Chapel themselves without the rest of the Parishioners, and ●here to hear Service, and Marry, and all ●ther things, but only that they Bury at the Mother Church, notwithstanding they must contribute to the Reparation of the Mother church, Mich. 13 Jac. C. B. If some Parishioners be rated, and others are ●ot, and those who are rated, are sued in the ecclesiastical Court, they must plead this Mat●er in this Court, for they cannot have a Prohibition. Where there are five Bells in a Church, and ●●e major part of the Parishioners agree that ●●ere should be made a sixth Bell, which is ●ade accordingly, and they make a Rate for ●●e payment of it, this shall bind the remainder 〈◊〉 the Parishioners, though they did not agree ●●rd it; otherwise any obstinate Persons might ●nder any thing intended, and what is fit for 〈◊〉 Ornament of the Church, Heckfield and Mat●●●gly, etc. Every Man ought to be rated according to his Personal Estate, and not according to his Lands for the Goods and Ornaments of the Church; and by a Land Rate for Church Reparations, though the Occupier of the Lands li●● in another Parish. These things are accounted Church Reparations, and are to be performed by a Land Ra●●, viz. The Walls of the Church and Steeple, the Churchyard. Walls or Rails, the Windows a●● Bars of Iron, the Glass, the Roof of Timber with Laths, Nails, Prigs, Dogs, and Bolts 〈◊〉 Iron, the Covering of Lead, Tile, Slates 〈◊〉 Shingles, the Floor with Stone or Paving-Tile the Doors with Locks, Keys, Ridges, Hoo●● and Nails; the Furniture of the Steeple, w●●● Stairs, Floors, Bells, Wheels and ●opes; the Pulpit, and the Pews and Seats not made by private Men. These following are to be rated on the inhabitants of the Parish, and not upon Out-dw●llers, viz. The Communion Table, and Cover thereof, the Communion Cups, the Bread and Wh●●● for the Communicants, the Bible, and oth●● Books appointed to be in Churches, the Wa●●ing of the Communion Clothes, Candles 〈◊〉 Lecture Days, the Surplice, Pulpit-Cloth a●● Cushion, the Clerk and Sexton's Wages, a●● Expenses of the Churchwardens and Sidesmen about the Parish Business. By the Statute of 22 & 23 Car. 2. cap. 17. ●●tituled, [An Act for the better Paving and Cleansing the Streets and Sewers in and about the City of London;] it is Enacted, (amongst other things) That where any Church or Church-yard shall be fronting or adjoining to any of the Streets, Lanes, or Passages before mentioned in the said Act, the Persons thereby authorised and appointed, shall rate and assess a ●easonable proportion thereof upon the Parish ●hereunto belonging, the same to be paid by ●he Churchwardens of every such Parish for the ●ime being, who are by the said Act required ●o pay the same accordingly in the behalf of the same Parish. CHAP. VI Some Cases wherein the Churchwardens are equally concerned with the Constables and Overseers of the Poor. THE Churchwardens are to join with the Constables in making of Rates for the Relief of the poor maimed Soldiers and Mariners, and for conveying Prisoners to the Goal, and to execute Warrants for the same. The Churchwardens are to join with the Constables in choosing of Surveyors for the High Ways, and in the setting down of Days for the Work, and in the oversight of the High Constables Account for the Money they do receive upon any Forfeitures about the High Ways. And they may with the aid of two Justices (one of the Quorum) force High Constables to account for, and pay in what Money they have received forfeited for default of High Ways; and to execute the Justice's Warrants for the Penalties and Forfeitures about cleansing the Streets, and repairing the High Ways, 14 Car. 2. c. 2. The Churchwardens and Overseers of the Poor are to execute the Justices Warrant for levying the Penalties of five pounds upon the Parties Goods that is not buried in Woollen▪ which Penalty is to be employed to the use of the Poor, 18 Car. 2. c. 4. The Churchwardens in London, Westminster, and Borough of Southwark, etc. upon every Monday or Tuesday in Easter Week, together with the Constable, Overseers of the Poor, and Surveyors of High Ways in every Parish respectively, or the greater number of them; giving notice, or calling together such other Inhabitants of their Parishes as have formerly born the like Offices, they, or the greater number of them are to make choice of, and shall nominate and appoint two or more able Persons, that are Tradesmen of their Parish, to be Scavengers for the Streets, Lanes, and other open Passages of each Ward or Division within the said Parish for the Year next following, and until others be chosen and settled in their places, 2 W. & M. CHAP. VII. The Churchwardens Office about passing Accounts, together with the Heads of most of the things which they are to present in the Visitation Court. THE Churchwardens at the end of their Year, or within one Month after at the most, are before the Minister and Parishioners to give up a just Account of their Receipts and Disbursements; and at their going out of their Office, they are to deliver up to the Parishioners what Money, or other things of right belonging unto the Church which they have remaining in their Hands, that it may be delivered over by them unto the next Churchwardens, by Bill indented, Canon 89. If the Churchwardens refuse to do this, they may be presented at the next Visitation Court for it, or the succeeding Churchwardens may bring their Action of Account against them at the Common Law, and compel them to it; and in this Account they shall be allowed their needful Disbursements and Expenses about the Parish Business. The Churchwardens, Questmen, or Sides-men shall not be bound to exhibit their Presentments above once a Year where it hath been no oftener used, nor above twice a Year in any Diocese whatsoever, except it be at the Bishop's Visitation; for the which Presentments of every Parish Church or Chapel, the Register of the Court where they are to be exhibited, shall not receive above 4 d. in one Year, under pain of Suspension from the execution of his Office the space of one Mo●●● for every Offence toties quoties. But the Churchwardens may voluntarily present oftener if the● please, Canon 116. No Churchwardens, Questmen, or Sidesm●● shall be called or cited but only at the time 〈◊〉 times before limited, to appear before 〈◊〉 Ecclesiastical Judge whatsoever, for refusing 〈◊〉 other times to present any Faults committe● in their Parishes, and punishable by Ecclesiastical Laws. Neither shall they or any of the● (after their Presentments exhibited at any 〈◊〉 those times) be any further troubled for 〈◊〉 same, except it evidently appear that they 〈◊〉 willingly and wittingly omit to present so●● public Crime or Crimes, as they knew 〈◊〉 have been committed, or could nor be ignorant that there was then a public Fame 〈◊〉 them; or unless there be very just cause 〈◊〉 call them to explain their former Presentment●● And in case of wilful omission, their Ordinary shall proceed against them in such sort, as 〈◊〉 Cases of wilful Perjury in a Court Ecclesiastical it is already by Law provided, Ca●● 117. One of the two times of Presentments is ●●ways to be about a Week or Fortnight after Easter, at which time also the old Churchwardens are to leave their Office, and new one● are to come in; but the new ones are not 〈◊〉 be sworn till the old ones have given in the Presentments; and every Parson or Vicar, 〈◊〉 their Curates in their absence, are to join 〈◊〉 the Presentment with the Churchwardens, & ●● and if the Churchwardens refuse to present then every such Parson and Vicar, or in their absence their Curates may themselves present to their Ordinaries at all such times, and when else they shall think fit, Canon 113, 118. The Sum of the Articles usually given to the Churchwardens to make their Presentments upon, are these, viz. I. WHether their Church and Chancel, Bells and Ropes be in good repair, and the Ten Commandments, Lords Prayer and Creed, drawn out in fair Letters, the King's Arms set up, Assessments made for the Repair of the Church, and Who refuses to pay? If they have a Font, Communion Table, Carpet, Tablecloth, Flagons, with Cups and Cover for Bread and Wine, a Reading Desk, a Pulpit, with a Cushion and Covering for it, a fit Common Prayer Book of the largest Volume, the Bible in Folio, of the last Translation, with a Book of Homilies, and Book of Canons, and a Surplice? If the Tombs, Monuments and Gravi-stones be safely kept from removing and breaking? A Book of Parchment for Registering Christen, Weddings and Burials, etc. a Chest with three Locks to put the same and the Church Ornaments in, with a Box for Alms, and a Table of Degrees prohibiting Marriage hung up in the Church? If the Parsonage House, and Outhouses, be in good Repair, and the Churchyard will fenced to keep out Swine, etc. II. Whether the Parson, Vicar or Curate, read the Common Prayer at Morning and Evening Service, wear his Surplice, bid Days, preach every Sunday, or read an Homily, Catechise, observeth fifth of November, thirtieth of January, twen●● ninth of May, and second of September; 〈◊〉 observe Perambulations, or going the Bounds 〈◊〉 Rogation Week, preach sound Doctrine, and 〈◊〉 no Sedition against the King or Government; celebrated the Lords Supper three times every Year 〈◊〉 least, whereof at Easter for one; baptise Infa●● with Godfathers and Godmothers, visit the Sick and Pray with them, bury the Dead according t● the Book of Common Prayer, Mary none cla●●stinely, preach in his Gown, be a Man of a fis● and chaste Life, a Peacemaker amongst his Neighbours, and one that takes care to reduce Sectarius Recusants, Separatists, and refractory Persons to the Obedience and Doctrine of the the Church; and reads the Book of Canons to the People at leas● once every Year, and the XXXIX Articles twi●● every Year. III. Whether all their Parishioners of due 〈◊〉 resort to the Church to Divine Service, b●ha●● themselves reverently there, kneel, stand up, and make Answer to the Rubric of the Common Pray●● Book? Whether any Work, or sell Wares on Sundays or Holydays? Or whether Vintners, Victuallers, Innkeepers, or others do receive any to drink i● their Houses in the time of Divine Service? Whether any Mary within the Degrees forbidden, or be Adulterers, Swearers, Blasphemers, Drunkards? If any above 16 Years of Age do not receive the Lord Supper three times a Year, whereof Easter to be one? If any keep their Children unchristned, Women that come not to be churched, or any bring not their Dead to be buried after the Service of the Church? Or if any be married without Banes or Licence at unlawful hours? And whether their Almshouses, Hospital, School or Spittle, if they have any, be well and godly used, or any thing detained from it? What Legacies given to pious uses; and if the Parishioners be placed into Pews or Seats without offence or contention. iv Whether their Parish Clerk and Sexton (if they have any) be duly chosen, can Write and Read, be of an honest Life, and make the Responses to the Hymns and other Suffrages? And if the Schoolmaster, Physician, Chirurgeon, and Midwife (if they have any) teach or practise without Licence? If the Churchwardens be duly chosen according to the Canon or Custom? And if the old Churchwardens have been diligent to keep the Church in good Repair, to preserve all the Furniture thereof, and walk out of the Church usually about the midst of Divine Service, to see who are abroad in Alehouses, or elsewhere absent or evilly employed. These are the Heads of most of the Articles that are inquired of at the Visitation Courts; but it is probable there may be some small alteration, according to the use of the several Dioceses in several places. THE OFFICE OF THE Overseers of the Poor. CHAP. I. Of the Antiquity of these Officers, of their Qualifications, and how, and when to be chosen. THose to be chosen to this Office, aught to be substantial P●rsons, Men of Wisdom and a good Conscience; they must 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 Necessities 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, (one whereof to be of the Quorum) who are yearly under their Hands and Seals at Easter, or within one Month after, to appoint four, three, or two substantial 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 J●●. c. 28. The major part of these Officers, without the rest of them, may do any thing belonging to their Office. But they are to have the allowance and consent either in particular, or in general, of two Justices of the Peace (Quor. unus) to every thing they do about their Office. And these Officers, or such of them as shall not be let by just excuse (to be allowed by two Justices) are to meet monthly in the Church, on Sunday after Evening Prayer, and there are to consider of some meet directions about their Office, and they are to use all possible diligence in their Office on pain to forfeit for every such Default twenty shillings, 43 El. c. 2. Wing●tes Stat. Tit. Poor People. And if it happen that Overseers be not appointed according to the 4● El. then every Justice of Peace, or Head Officer of that Division or Corporation shall forfeit 5 l. to be levied by a Session's Warrant, and employed to the use of the Poor of the Parishes where such default is made, 43 El. c. 2. Wingates Stat. Tit. Po●● People. CHAP. II. Of the several sorts of Poor People, and what Poor the Overseers are to provide for, and relieve, or to set to work. THere are three sorts or degrees of Poor, as first, the Poor by Impotency and Defect, as the Aged and Decrepit that are past their Labour; the Infant, Fatherless and Motherless, and not able to work; the Person naturally disabled either in Wit or Member, as an 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. f. 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 overcharged 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, D●● J.P. c. 73. f. ibid. Then lastly, The thristless Poor, as the riotous and prodigal Person, that consumes all wi●● Play or Drinking, etc. the dissolute Person, as th● Strumpet, Pilferer, etc. the slothful Person th● refuseth to work, etc. and the Vagabond th● will abide in no place or service; and for all the● the House of Correction is the place where they are to be sent to, and being of able Bodies, the● they are to be held to hard Labour, and to maintain themselves by their Labour and Work, without charging the Town or County for any Allowance, 7 Jac. c. 4 Dalt. J.P. c. 73. fol. 170. But it seemeth, that if any of these last so●● Poor happen to prove impotent, and also 〈◊〉 cases of manifest extremity, than they are to be relieved by the Town, Dalt. J.P. c. 73. f. ibid. If the Parents be able to work, and may have Work, they are to find their Children by thei● labour, and not the Parish; but if they be overcharged with Children, they may help, by having some of their Children put out Apprentices 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 to work, being of sufficient Ability, shall relieve such poor Persons in such manner, as the Justice's o● Peace of that County (where such sufficient Person dwelleth) at their General Quarter Session's shall Assess; and if such Person refuse to able the Order, they forfeit 20 s. for every mon●● to the Poor of the Parish, which Forfeiture ●s 〈◊〉 be levied by the Churchwardens or Overseers, 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. ●●p. 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. c. 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. ●. 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 (Q●●r. 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, the 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 idly 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 Womanchild till 21 years of Age, or till she be married, which shall first happen: And these Apprentices 〈◊〉 be bound to Weavers, Masons, Dyers, Fuller's, 〈◊〉 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 think 〈◊〉 to receive them, within the same Parish or elsewhere in other Parishes within the same Hundred, either with, or without Money; therefore it is fit in this case to consider, if the Child be young, and the Party to whom they place it is not very able, than they may give Money, if they 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, and Yeomen, as well as Tradesmen, are bound to take Apprentices; yea, though wealthy Men Table themselves, or live so privately, that they have no use for a Servant, yet they may be compelled to 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, two Justices of the Peace may make their Warrant to levy the same by distress and sale of the Offenders Goods, Res. Judges 1633. Quest. 4. Po●●. 24. Dalt. I 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 Farm, when his Lease expireth, the Apprentice shall 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 the Constable's Churchwardens, and Overseers of the 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 betwit the Poor of the Parish and the Prosecutor, 7 Jac. c. 3. Wingates Stat. Tit. Poor People. The Party taking any Money with such 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 ●here 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 afterwards take it away, though he should part with 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, and 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 Second, by the Grace of God of England, Scotland, France and Ireland, King, Defender of the Faith, etc. Annoque Dom. 1668. witnesseth, that J. W. and 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 of 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 shall 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. ● 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 Da●● and Children, and all the rest of the Family 〈◊〉 the said E. H. And the said E. H. for her 〈◊〉 promiseth, covenanteth, and agreeth that she 〈◊〉 said E. H. the aforesaid J. T. in the Art and Sh● 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, and 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 a● Apprentice. In Witness whereof, etc. Note, If it be a Boy that is to be bound Apprentice to Husbandry, or any other Trade, the●● 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, that 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 〈◊〉 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 discharge 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 Work house to be employed in Labour: and if ●●e Churchwardens and Overseers of any Parish to which any are removed, refuse to resolve them, and provide them Work, etc. a ●ustice of Peace may bind over such Officers to ●●e Assizes or Sessions. Churchwardens and Overseers for the Poor ●here any Bastard-Child shall be born, may ●ize 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, Cumberland and Westmoreland shall be provided for in th● 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 Belief 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 first Session of the next Parliament, but revived by 1 Jac. 2. c. 17. to continue for seven years, an● to the end of the first Session of the next Parliament. And whereas poor Persons at their first coming to a Parish, do commonly conceal themselves, the forty days intended by the said Act to make Settlement, shall be accounted from 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 Poo● of the said Parish, 1 Jac. 2. c. 17. No Man but a Vagrant Beggar, aught to be 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 Justice● 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 ●●en go to B. and there live in a House and pay ●is Rent, and after he come to C. and there Works 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 ●●ace of his Birth, and there must be provided ●or, 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 ●r three days, and then not having any place 〈◊〉 be in, he gets into a Barn in the third place, ●nd 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, at beg in the same place, and was taken as a Vagrant, and it was ordered he should be passed and settled at D. where he was Born, by th● Judges at Worcester Assizes, 14 Car. 1. Boulst. Re● 1 part, f. 375. No Child under the Age of seven years' sha●● 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 la●● dwelled by the space of one year) and such Children, once thus settled or placed, must the●● 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 gro● above the Age of seven years, yea, though th●● said Children after beg, and prove vagrant i● the Town, for there they must be set to labo●● by the Overseers of the Poor, Dalt. J.P. c. ●● 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. f. 209. The Wife being a Vagrant Rogue, must be 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, in 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 go with the Husband to the place where they were last wilfully suffered to pass through without punishment, where the Children must be ●elieved by the Work of their Parents, though the Parents be committed to the House of Correction; and if the Rogue have Children above ●even years of Age, that Rogue about with him, than 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 ●or 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 ●here, Dalt. J.P. c. 73. f. 158. A. being a Wanderer with three Children born in three Parishes, comes to Dale with them ●o 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 impotent, 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 o● the same Town) and after both their Service● ended, they Marry, and then the young Ma● is retained at B. and afterwards the Woman is delivered of her Child, in this case she with her Child are to be sent to the Father at B. and 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 settled 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 into another Parish, and there is settled in Service, or otherwise for two or three Months, and then she is discovered to be with Child, is this case she and her Child shall be settled in the Parish where she than is, and must not be sent to the Parish whence she came, Resol. Judge● 1633. sect. 12. If a Woman be delivered of a Bastard Child in one Parish, and then go into another Parish 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 Dalt, and the reputed Father marries another Woman, and they breed the Child 10 years in the Parish of Sale, 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 〈◊〉 the Mother, and reputed Father of a Bastard Child, as also for the Relief of the Parish wher● 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 to 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 to 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 〈◊〉 held by some, but most properly by the tw● next Justices, and the question must be about such a Bastard Child as is like to be a charge to the Parish; and the Security must be given 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 must express the Child by the Name of a Bastard Child, and not the reputed Child of such an one; and the Justices for the better discovery of the Matter, may upon Oath examine the Mother herself concerning the reputed Father, the 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 the 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 Parish, Town, etc. such a Sum as they shall think fit; and this Rate they must have allowed and confirmed under the Hands of two Justices (Quor. unus) and then by Warrant from them, or any other two Justices (Quor. unus) they 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 in 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. T●● Poor People. Now these Rates ought to be well and tr●● made, according to men's visible Estates, real i● personal, within the place only, and not 〈◊〉 any Estate elsewhere; at Lincoln Assizes, 9 Ca●● by Justice Hutton and Crook. Note, That a Parish in Reputation, shall be Parish within this Law: so that if A. be ancient Parish that hath Officers in it, and the●● be a Town within this Parish, which for a long time hath been used, and reputed as a Parish and hath all Parochial Rights, as Churchwardens, etc. here this place may be rated as t● 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 not upon the Landlord's Living within or without the Parish; 〈◊〉 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 〈◊〉 Stat. Tit. Poor People, Dalt. J.P. c. 73. f. 1ST. Head Officers in Cities and Corporate Towns and Aldermen of London, have in their severa● Precincts like Authority that Justices of Peace have in their Counties, and no other Justice● 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 Counties 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 to execute this Law concerning the nomination of Overseers, binding of Apprentices, granting Warrants to levy Taxations, taking Account of Overseers, and committing such as refuse 〈◊〉 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 end 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 is 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. f. 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 Bail, 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 Imprisoned 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. c. 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 is 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 Highway 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. Chemine, 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, that People cannot pass in the Common Tract, and there be outlets out of it, into the Soil 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 as 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 in 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 four and twentieth day of June, for the amendment 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 ●o 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 Bill. 1● Car. 1. Br. in one Foster's Case, per Curiam, Roells Cases, 1 part, f. 390. All Fines and Forfeitures assessed in the Sessions, upon the Statute 5 El. about Highways, must be Estreated by the Clerk of the Peace, and must be levied, accounted, and employed as i● 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 or Artillery for the King) shall be drawn, or go in 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 〈◊〉 breast, except one Horse. Every Owner of any Wagon, Cart, etc. Horse or Beasts; shall forfeit for every Offence 40 s. one third 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 the Offender. The Surveyor, where any neglect to come ●●d labour, shall complain thereof to the next ●ustices, who upon Oath of one Witness, shall ●●vy for every days labour neglected 18 d. and ●or every Man and Horse 3 s. and for every Cart with two Men 10 s. for each day neglecting, 〈◊〉 Car. 2. c. 12. CHAP. II. The 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, viz. Every Person having in his own Occupation a Plough Land in Tillage, or in Pasture in ●he 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 Plow-land in Tillage or Pasture, lying in several Parishes, shall be chargeable only in the Parish where he dwelleth; and he that occupieth several 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 Plow-land is not of any certain Contents, but ordinarily it is so much as one Plough may Plough in one day, which in some Countries is more, and in some less, according to the heaviness of the Soil, Co. 9 Rep. f. 124. Co. on Lit. f. 69. & vide Lamb. ver. Hid 35 H. 6. f 29. And note, That a Plow-land, or Carve of Land may contain 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 cared, in this case it seems he is to send his Plough, Vide Co. 4 Rep f. 3●. b. & 9 Rep. f. 122. He that hath a Plough land, and no Plough, but doth suffer his Land to lie fresh, yet he is to ●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, ●ut carrieth or plougheth for other Men, yet it seems he is to send his Cart to the Highways; and 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 Dalt J.P. c. 50. ibid. It is held by some, that so many Ploughs or naughts Men have, and use frequently about their own Business in Summer, so many they are to bring with them to the Highways; so that ●f a Man have one Plough and five or six Horses, and 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 in the Houses, Gardens, Orchards, or Meadows of any Man; for they are not to come there without Licence of the Owner; and in such place● where they may dig without leave, they are not to make a Pit above ten yards in breadth, c●● 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 forfeit five Marks to the Owner of the Ground, to be● recovered by Action of Debt; and this by th● 5 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 forfeit ten 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 Highway 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 heretofore 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 are 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 Ab●. 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. within 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 Peace in Sessions, upon his own Knowledge shall be 〈◊〉 good Conviction, whereupon the Justices in Session's, or any two of them (Quor. unus) may assess 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. 13 vide Rastal. 199. The Defaults and Offences upon these Statute 2 & 3 P. & M. 5 El. & 18 El. are inquitable by the Justices of Peace in their Sessions, or by Stewards in Leets, either of which have powe● to set Fines upon Offenders at their discretions; of which Fines, indented Estreats (〈◊〉 the Sessions under the Hand and Seal of th● 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 Offenders 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 to 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 Bailiff, 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 Estreats of the Fines, of what Money they have received, on pain of 40 s. and the said Constables and Churchwardens have power to call the bailiff or High Constable before two or more ●ustices of the Peace (Quor. unus) to pass his Account, who have power to commit him, until he have 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 Peace, or Steward of the Leet, and in this case the succeeding Constables and Churchwardens have ●e 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 Huntingto● 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 so 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 at shall be sufficiently repaired. Where new Streets and Ways are made, which the Justices of Peace in their General Quarter-Sessions shall think f●● 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 of 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 Cart● 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 Rates 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, u●●●● 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, Headboroughs 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 fort 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 the 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. J. 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. J.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●●ram, etc. and this was binding, into whose Hands soever the Estate did come; but they which have Lands on the one side, or on the other, 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, ●ught to repair a Bridge by tenure of the same, 〈◊〉 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. o. ●. 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. J.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 Tollgatherer, 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, &c In a Fair or Market, which is unknown to the Toll-taker or Book-keeper must procure one credible Person that is well known to the Toll-keeper, or Book-keeper, who is to vouch and 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, being required, shall neglect or refuse to seal or mark any Bushel, Half Bushel, or Peck duly gauged, he forfeits 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 future, aught to be Subsidy Men of 10 pounds ●n 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 Rooms, 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, nor ●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 ●he Treasurers of the County, at the same Quarter 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's aforesaid may allow the Party Relief to maintain him till the next Quarter Sessions; an● 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 〈◊〉 altered by the said Justices; and this Allowance is not to exceed 10 l. per annum to a Commo● Soldier, not 15 l. to an Officer under a Lieutenant, nor 20 l. to a Lieutenant, 43 El. c. 3 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 a 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 the 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 〈◊〉 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 give up such Account within the time aforesaid, o● shall be otherwise negligent in the Execution of his Office; The Justices at the Sessions may 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 nee● require, differing from that above limited i● this Act, so that no Parish pay above thr●● shillings Weekly, nor under twelve pen● Weekly, one Parish with another, 43 El. c. 3. FINIS.