ORDERS AND DIRECTIONS, Together With a Commission for the better Administration of justice, and more perfect Information of His MAJESTY; How, and by whom the Laws and Statutes tending to the relief of the Poor, the well ordering and training up of youth in Trades, and the reformation of Disorders and disordered persons, are executed throughout the Kingdom: Which His Royal MAJESTY hath commanded to be Published and Inquired of, by the Body of His Privy Council, whom He hath made principal Commissioners for this purpose. Imprinted at London by ROBERT BARKER, Printer to the Kings most Excellent MAJESTY: And by the Assigns of JOHN BILL. 1630. woodcut of the English coat of arms, 1630 HONI SOIT QVI MAL Y PENSE DIEV ET MON DROIT A Commission to the Lords, and others of the Privy Council, for putting in execution of the Laws and Statutes for relief of the poor, punishment of Rogues, and employment of gifts to charitable uses, etc. CHARLES by the grace of GOD King of England, Scotland, France, & Ireland, Defender of the Faith, etc. To the most Reverend Father in God, Our right trusty and well-beloved Counsellor, GEORGE Lord Archbishop of Canterbury, Primate and Metropolitan of all England. And to Our right trusty and well-beloved Counsellor THOMAS Lord COVENTRIE, Lord Keeper of Our great Seal of England. And also to the right Reverend Father in GOD, Our right trusty and well-beloved Counsellor, SAMVEL Lord Archbishop of York, Primate and Metropolitan of England. And likewise to Our right trusty and well-beloved Counsellor RICHARD Lord WESTON, Our high Treasurer of England. And also to Our right trusty and right well-beloved Cousins and Counsellors, EDWARD Viscount CONWAY, Lord Precedent of Our Privy Council. HENRY Earl of Manchester, keeper of Our Privy Seal. ROBERT Earl of Lindsey, Lord Great Chamberlain of England. THOMAS Earl of Arundel and Surrey, Earl Marshal of England. PHILIP Earl of Pembroke and Mountgomery Lord Chamberlain of Our Household. THEOPHILUS Earl of Suffolk, Lord Warden of our Cinque-Ports. EDWARD Earl of Dorset, Lord Chamberlain to our dearest Consort the Queen. WILLIAM Earl of Salisbury. WILLIAM Earl of Exester. JOHN Earl of Bridgewater. JAMES Earl of Carlisle. HENRY Earl of Holland. WILLIAM Earl of Banbury. HENRY Earl of Danby. WILLIAM Earl of Morton. THOMAS Earl of Kelly. EDWARD Viscount Wimbledon. DVDLEYViscount Dorchester one of Our principal Secretaries of State. THOMASViscount Wentworth, Lord Precedent of Our Council in the North parts. OLIVER Viscount Grandison. HENRYViscount Falkeland. And likewise to the Reverend Father in God Our right trusty and well-beloved Counselors, WILLIAM Lord Bishop of London. RICHARD Lord Bishop of Winchester. And also to Our right trusty and well-beloved Counsellors, EDWARD Lord Newburgh, Chancellor of our Duchy of Lancaster. Sir THOMAS EDMUNDS, Knight, Treasurer of Our Household. Sir HENRY VANE, Knight, controller of Our Household. Sir THOMAS JERMYN, Knight, Vice-Chamberlaine of Our Household. Sir ROBERT NAUNTON, Knight, Master of Our Court of Wards and Liveries. Sir JOHN COKE, Knight, one other of Our principal Secretaries of State. Sir FRANCIS COTTINGTON, Baronet, Chancellor of Our Exchequer. Sir JULIUS CAESAR, Knight, Master of the Rolls. And Sir WILLIAM ALEXANDER, Knight, greeting. WHereas diverse good Laws and Statutes, most necessary for these times, have, during the happy Reign of Queen ELIZABETH, and of Our late Father of blessed memory, and since our coming to the Crown of England, been with great wisdom, peitie, and policy, made and enacted in Parliament, aswell for the charitable relief of aged and impotent poor people, not able by their labours to get their livings and for the training up of Youth in honest and profitable Trades and Mysteries, by putting them forth to be Apprentices, as also for the setting to work of idle persons, who being of ability to work, in some kind or other, do nevertheless, refuse to labour, and either wander up and down the City and Country begging, or which is worse, maintain themselves by filching and stealing; And for the punishment of sundry Rogues and Vagabonds, and setting of them to work: And for the suppressing of that odious and loathsome sin of Drunkenness; And the repressing of idleness, the root of so many evils: The due execution of which, and the like laws and Statutes, would prevent and cut off many offences and crimes of high nature. ANd whereas we are informed that the defect of the execution of the said good and politic Laws and Constitutions in that behalf made, proceedeth espicially from the neglect of duty in some of Our justices of the Peace and other Officers, Magistrates, and Ministers of the Peace, within the several Counties, Cities and towns Corporate of this our Realm of England, and Dominion of Wales, to whom the care and trust of seeing the said Laws to be put in execution, is by the said Laws principally committed, which remissness & neglect of duty doth grow and arise from this, That by the most of the said Laws, there are little or no Penalties or Forfcitures at all inflicted upon the said justices of Peace, Magistrates, Officers and Ministers for not performing their duties in that behalf, or if any be, yet partly by reason of the smallness thereof, and partly by reason of their power and authority in their several places, whereby they hold others under them in awe, there are few or no Complaints or Informations made of the neglects and want of due execution of the Offices of the said justices and other Ministers; and although the care and diligence of our judges and justices of Assize be never so great, yet by reason of the shortness of their Assizes and Sessions in every County, and multiplicity of business, they neither have due information of the said neglects, nor in those times, can take such exact courses as were requisite for redress of such general abuses and inconveniences so highly importing the public good of this Our Realm, by reason whereof the said Justices of Peace, Magistrates, Officers and Ministers, are now of late in most parts of this Our Kingdom grown secure in their said negligence, and the said politic and necessary Laws and Statutes laid aside or little regarded as Laws of small use and consequence, whereas upon the present making of the said Laws, the same being then duly executed, as also at this day in some Counties and parts of this Our Kingdom, where some justices of Peace and other Magistrates do duly and diligently execute the same, there evidently appeareth great reformation, benefit and safety to redound to the Commonwealth, And likewise when as there was care taken, and diligence used to have the Laws concerning charitable uses, well executed, and all pious gifts to be employed according to the good intent of the Donors, these poor people were better relieved then now they are: All which We taking into Our Princely care, for the preservation of the common Peace of this Realm, the performance of men's pious intentions in their gifts of Charity, and the general good and quiet of Our Subjects. After long and mature deliberation, finding that there is no better ways or means to have the said Laws and Statutes put in full execution, then by committing the trust and oversight thereof to the special care and industry of certain persons of principal Place, Dignity and Order near unto Our Person; who upon their diligent inquiry how the said Laws and Statutes are put in execution, may be able upon all occasions from time to time to give Us particular information thereof, and by their approved Wisdoms, experience and judgements, give Directions and Instructions from time to time for the better execution of the said Statutes. Know ye therefore that We out of that long experience and full assurance We have had of the great integrity, wisdom, fidelity and industry of you, and every of you; Have constituted, authorized and appointed you to be Our Commissioners, and by these presents do constitute, authorize and appoint, and strictly require you, or any four or more of you Our Commissioners either by examination upon Oath, or without Oath, or by all and every such good and lawful means as to you, or any four or more of you, in your Wisdoms and judgements shall seem convenient and requisite from time to time from henceforth to make Inquirie, and thereby to inform yourselves how all and every the Laws and Statutes now in force, which any way concern the relief of impotent or poor people, the binding out of Apprentices, the setting to work of poor children, and such other poor people, as being able or willing to work, have no stock or means to employ themselves; The compelling and forcing such lazy & idle persons to work, as being of bodies able and strong, do nevertheless refuse to labour; the maintenance, government, and well ordering of houses of Correction and other places for relief of poor indigent and impotent people, the Rating, Collecting, and employment of all such Sums, as by the Statute of the three and fortieth of ELIZABETH, are appointed for the relief of Soldiers and Mariners, the punishment or setting on work of Rogues and Vagabonds: And all Laws and Statutes now in force for the repressing of Drunkenness and Idleness, the reforming of abuses committed in Inns and Alehouses, the abridging of the number of Alehouses, and the well ordering of such as be licenced, the keeping of Watches and Wards duly, and how other public services for God, the King, and the Commonwealth, are put in practice and executed. To which end and purpose, to you Our Commissioners, or any six or more of you, We give full power and authority from time to time hereafter, to give such Directions and Instructions, and by all other good and lawful means to set down, and give such Orders and Directions, as that all and every the said Laws and other necessary Statutes may be duly and effectually executed, and the Pains and Penalties thereof levied and employed, according to the purport and true meaning of the same Laws. And whereas no Nation of the world hath provided more liberally, or ordained better Laws for due employment of Lands, Goods, and Stocks of money, given to charitable uses, than this Our Kingdom of England hath done: Yet nevertheless the said Bounties and charitable Gifts have not been employed according to the mind and intent of the Givers, by reason of some Devices, Frauds, Breach of Trust, Aim at private Gain, and partly by the negligence of those that have been trusted to perform the same. Therefore Our Will and express Pleasure is, That those Statutes of the thirty ninth and forty third of Elizabeth, and all other Laws and Statutes concerning Hospitals, Almshouses, Meisons de Dieu, and other pious Donations, Collections, or public Gifts for the benefit of the Poor, or public Works, be strictly inquired and put in execution. And all Deeds of Foundations, Charters, Wills, Devices, Dispositions of Lands, Goods, Annuities, or Rents, given, appointed, or intended to any the Houses aforesaid, or to any charitable use or public Work, be diligently sought out and discovered, to the end there may be an employment of all the Profits, according to the Will and Mind of the Donors or Founders. And We do further by these Presents, give full power and authority unto you, or any six or more of you, to call unto you for your assistance in the Premises, when you shall see it needful, all, or any of Our justices of Assize, as often as you shall see cause, and to give such Directions and Instructions by your Letters, or otherwise, as well to Our said justices of Assize, Oyer and Termyner, and Gaol delivery, for their several Circuits: As also to Our justices, Majors, Bailiffs, and other head Officers, within Cities and Boroughs, Clerks of the Assize and Sessions, and other Officers and Ministers within Our several Counties and Shires of this our Realm of England and Dominion of Wales, and the several Divisions of the same, as to you, or any six or more of you in your wisdoms shall seem meet and requisite, and shall be agreeable to the Laws and Statutes of this Our Realm, for the better execution of the Laws and Statutes in the time to come. All which Directions, Instructions, and Orders, at any time or times hereafter so to be made or taken by you, or any six or more of you, by force of these presents; We Will and straight Charge and Command by these presents, to be sincerely and duly from time to time, obeyed, observed, and kept, by all and every Officer and Officers, justice and justices, Person and Persons, to whom it shall appertain. And We do hereby further will & require you, that you or any four or more of you, do from time to time give unto Us particular and true information of the care and industry of Our Justices of Peace in their several Divisions, Majors, Bailiffs, and head Officers, in their several Cities, and Towns Corporate, as upon the said inquiry you shall find to be diligent in putting the said Laws, Statutes, Orders and Directions in execution, That so by their service and your report, they appearing to deserve well of their King and Country, may receive not only good acceptance at Our hands, but all due encouragement and comfort to continue in their well doings; And if contrariwise you shall find any of Our said justices of Peace, or other the persons before named to be negligent and remiss in their several places and duties touching the performance and execution of the said Laws and Statutes committed to their Charge, or the Orders and Directions given by you, or any six of you for the better execution of the said Statutes: Then Our pleasure is, that you do likewise certify the names of such as you shall find so remiss and negligent, that accordingly order may be taken for their removing and displacing out of the Commission of the Peace, as men unworthy of their said Trust and Places; As also deserving to receive such further Punishment in Our Court of Starchamber, or otherwise as may be by Law inflicted upon them. And further we do by these Presents give unto you, or any six or more of you, full power and authority to do and execute all and every other lawful and necessary Act and Acts, thing and things for the better and more due Execution of the Premises or any of them, as you or any six, or more of you, shall in your Wisdoms and judgements think to be fit and convenient. And because you that are attendants upon Our Person, or otherwise employed in Our Services cannot at all times be in Person in the several Shires of this Our Kingdom, to execute this Our Commission in such sort as we have apppointed it: And for that it will be very fit and requisite for you to have persons of Trust under you, who may faithfully assist you in the execution of this Our Commission. We do therefore give unto you for your better Aid and Assistance, and the better performance of this Our Service, full power and authority from time to time, to Assign, Appoint and Constitute by your writing under your Hands and Seals or the Hands and Seals of any six, or more of you, such sufficient meet persons as you, or any six of you, in your discretions shall from time to time think fit and appoint to be your Deputies in every or any County, City, Borough or town Corporate of this Our Kingdom of England, or Dominion of Wales. And We do give unto such persons, so to be by you deputed, assigned, and appointed, as aforesaid, or to any two, three, or more of them full power and authority to do and execute in our said Counties, Cities, Boroughs, and Towns Corporate, as well within Liberties as without; All and every thing and things, which by virtue of this Our Commission, is to you our principal Commissioners entrusted and committed, or which you, or any of you Our Commissioners, if you were personally present, might or aught to do; They your said Deputies pursuing such Directions and Instructions from time to time as you or any six of you shall give unto them in writing; And the better to enable them so to do, you shall deliver to such deputies as you shall make in every County, City, or Town corporate as aforesaid, a duplicate, or true transcript of this Our Commission, subscribed with your hands, or under the hands of six of you at the least. And We do further by the tenor of these presents, will and command, and do give full power and authority to Our Lord Chancellor, or Lord Keeper of Our great Seal for the time being, to cause several Commissions to be made forth, under Our great Seal of England, to such persons of trust and quality, as any six, or more of you shall from time to time nominate unto him, and shall so signify unto him by writing under your hands to the same tenor and effect, in every material thing, as in these Our Letters Patents is expressed, with a clause to be inserted in every such Commission and Commissions, commanding such persons so to be nominated, that they certify all their proceed thereupon to you Our foresaid Commissioners, or to any six of you, at such times and places, as you, or any six of you shall appoint. In witness whereof, We have caused these Our Letters to be made Patents: Witness Ourself at Westminster the fift day of january, in the sixth year of Our Reign. Preface. FOr the better administration of justice, and more perfect Information of His Majesty, how, and by whom the Laws and Statutes tending to the relief of the poor, and the reformation of disorders and disordered persons are executed throughout the Kingdom; His Royal Majesty hath Commanded this Commission aforesaid, together with these Orders and Directions following, to be published by the Body of His Privy Council, whom He hath made principal Commissioners for this purpose. ORDERS. I. THAT the justices of Peace of every Shire within the Realm do divide themselves, and allot amongst themselves what justices of the Peace, and what Hundreds shall attend monthly at some certain places of the Shire. And at this day and place, the High Constables, Petty-Constables, and Churchwardens, and Overseers for the Poor of those Hundreds, shall attend the said justices. And there inquiry shall be made, and Information taken by the justices, how every of these Officers in their several places have done their duties in Execution of the Laws mentioned in the Commission annexed, and what persons have offended against any of the said Laws. II. WHere neglect or defect is found in any of the said Officers, in making their Presentments, condign punishment to be inflicted upon them by the justices according to Law. III. WHen offences are presented at one meeting, than the penalties of the Laws offended, to be levied and brought to the justices at their next meeting. FOUR WHen the penalties are levied, the justices are to take care that the same be employed accordingly as by the Statutes are appointed. V FOr encouragement to men that do inform and prosecute others for offending against these Laws or any of them, liberty to be left to the justices of Peace that do meet to reward the Informer or Prosecutor, out of part of the money levied upon his, or their Presentments, or Information. Though the Statute do not prescribe this, yet this is not against the Law that gives the penalty to the Poor, which penalty nor no part thereof would else come unto the poor but by this means. VI THat the several justices of Peace of every Shire, do once every three months certify an account in Writing to the high Sheriff of the County, of their proceed in this way, whom they have punished, what they have levied, and how they have employed it. VII. THat the High Sheriff within fourteen days after this Account delivered, do send the same over to the justices of Assize for that County, or to one of them, and the justice or justices that receive the same, to certify it in the beginning of every Term next after, to the Lords Commissioners. And if any of the justices of Peace shall fail to make such account to the Sheriff, than the Sheriff shall certify such default to the Lords Commissioners. VIII. THe justices of Assize in every Circuit, are to inquire, and specially to mark, what justices of the Peace are careful and diligent in execution of these Laws, and the Directions given, and who are negligent and remiss. And what other things of note happen in their Circuits, to make report thereof to the King, upon their return from their Circuits every half year. DIRECTIONS. I. THat the Lords of Manors and Towns, take care that their Tenants, and the parishioners of every Town may be relieved by work, or otherwise at home, and not suffered to straggle, and beg up and down in their parishes. II. THat Stewards to Lords and Gentlemen, in keeping their Leetes twice a year, do specially inquire upon those Articles that tend to the reformation, or punishment of common offences and abuses: As of Bakers and Brewers, for breaking of Assizes: Of Forestallers, and Regraters: Against Tradesmen of all sorts, for selling with under weights, or at excessive prizes, or things unwholesome, or things made in deceit: Of people, breakers of houses, common thiefs, and their Receivers; haunters of Taverns, or Alehouses; those that go in good clothes, and far well, and none knows whereof they live; those that be nightwalkers; builders of Cottages, and takers in of Inmates; offences of Victuallers, Artificers, Workmen and Labourers. III. THat the poor children in every Parish be put forth Apprentices to husbandry, and other handicrafts, and money to be raised in the Parishes for placing them, according to the Law; and if any party shall refuse to take the said Apprentice, being put out according to the Law; such party as shall refuse to take the said Apprentice, to be bound over to the next quarter Sessions, or Assizes, and there to be bound to his good behaviour, or otherwise ordered, as shall be found fit. FOUR THat the Statute of Labourers, for retaining of Servants, and ordering of Wages, betwixt the Servant and the Master be not deluded by private Contracts, before they come to the Statutes, and the common fashion of Essoyning many absent, not to be allowed of course, as is used. V THat the weekly taxations for relief of the Poor, and other purposes mentioned in the Statute of 43. Eliz. be in these times of scarcity raised to higher Rates in every Parish, then in times to fore were used. And Contributions had from other Parishes, to help the weaker Parishes, especially from those places where depopulations have been, some good Contribution to come, for help of other Parishes. And where any money or Stock hath been, or shall be given to the relief of the Poor in any parish, such Gift to be no occasion of lessening the Rates of the Parish. VI THat the petty Constables in all Parishes, be chosen of the abler sort of Parishioners, and the office not to be put upon the poorer sort, if it may be. VII. Watch's in the night, and Warding by day, and to be appointed in every Town and village, for apprehension of rogues, and vagabonds, and for safety and good order. VIII. AND because it is found by daily experience, that the remissness and negligence of petty-Constables is a great cause of the swarming of Rogues and Beggars, therefore the high Constables in their several Divisions are specially to be charged to look unto the petty-Constables, that they use diligence in their Offices, and the High Constables to present to the justices of Peace, the defaults of the petty Constables, for not punishing the Rogues, or not presenting those that are Relievers of the Rogues and Beggars, the Law inflicting a Penalty upon the Constable for not punishing them, and upon such party as shall relieve them. IX. IF in any Parish there be found any persons that live out of Service, or that live idly and will not work for reasonable wages, or live to spend all they have at the Alehouse, ●hose persons to be brought by the High Constables, and petty Constables to the justices at their meetings, there to be ordered and punished as shall be found fit. X. THat the Correction houses in all Counties may be made adjoining to the common Prisons, and the Gaoler to be made Governor of them, that so he may employ to work Prisoners committed for small causes, and so they may learn honestly by labour, and not live idly and miserably long in prison, whereby they are made worse when they come out then they were when they went in, and where many houses of Correction are in one County, one of them at least to be near the Gaol. XI. THat no man harbour Rogues in their Barns, or Outhouseings. And the wand'ring persons with women and children, to give account to the Constable or Justice of Peace, where they were married, and where their children were Christened; for these people live like Saluages, neither marry nor bury nor christian, which licentious liberty makes so many delight to be Rogues and Wanderers. XII. ANd because the High ways in all Counties of England are in great decay, partly so grown, for that men think there is no course by the Common Law, or Order from the State to amend the same: And the workedayes appointed by the Statute are so omitted, or idly performed, that there comes little good by them. Therefore the justices of Peace at these monthly meetings, are to take special care of: and not only to cause the Surveyors of the High ways to present the same; but by their own view, to inform themselves, that at the next Quarter Sessions after every meeting, they may present all such neglects, and offences (as upon their own view) and the Offenders there to be punished according to Law. ¶ Imprinted at London by ROBERT BARKER, Printer to the KING'S most Excellent MAJESTY: and by the Assigns of JOHN BILL. M.DC.XXX.