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A50654 A guide for constables, churchwardens, overseers of the poor, surveyors of the highways, treasurers of the county stock, masters of the house of correction, bayliffs of mannours, toll-takers in fairs &c. a treatise briefly shewing the extent and latitude of the several offices, with the power of the officers herein, both by common law and statute, according to the several additions and alterations of the law, till the 20 year of His Majesties reign / collected by Geo. Meriton, gent. Meriton, George, 1634-1711. 1669 (1669) Wing M1793; ESTC R35040 100,385 287

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any 43. El. Ch. 3. Wingate ubi supra 9. When out of the County where the party was prest a fit Pension cannot be satisfied it shall then be supplied by the County where he was born or where he last dwelt by the space of three years Wingate ubi supra 43. El. Ch. 3. 10. By the 14. Car. 2. Ch. 9. It is provided that every Officer Souldier or Mariner maimed indigent aged or disabled in body for work in the Service of King Charles the first or of his Majesty that now is during the late Wars or which are so impoverished by their sufferings under any of the late usurped Powers as that they are destitute of any competent subsistence or livelyhood and have continued faithful to their Trust and not deserted the same by taking up Arms against his late Majesty or his Majesty that now is or otherwise is to repair to the place where he was last settled before he took up Arms with a Certificate of his Service and hurts received under the hand of his Captain or other Commissionated Officer and there repair to the two next Justices who upon examination of the truth of such Certificate upon Oath of the Party and such Witness as he shall produce may by Warrant unto the Treasurers assign him Relief unto the next Quarter Sessions to be holden for that County or Liberty at which time a yearly Pension may be settled on him which must not exceed 20 pounds to any one person which Pension is to be with power of Revocation or Alteration and in case where the Captain or Officer appointed to make such Certificate is dead the Justices upon Request to them made in behalf of the party maimed aged indigent or disabled as aforesaid by persons of credit are to give such Relief as in cases of Examination as aforesaid 14. Car. 2. Ch. 9. 11. And touching the Widows and Orphans of such as dyed in the Service aforesaid it is provided That over and beside such Relief as they shall gain by their labour and work and what shall be allowed by the charity and benevolence of the Parish Town or Hamlet where they are settled the Treasurers for the maimed Souldiers for such County shall allow such further Relief from time to time as shall be adjudged meet by two next Justices of the Peace of such County and the said Relief is to be paid out of the Surplusage of such Stock of Maintenance as shall remain in the hands of the said Treasurers after such Pensions and Payment of them made And of which surplusage and allowance made unto such Widows and Orphans the said Treasurers shall give account from time to time and the same distribute as by the Justices shall be directed 14. Car. 2. Ch. 9. 12. 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 vertue 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. Eliz. Ch. 3. Wingate's Stat. Tit. Captains and Souldiers 13. If any Treasurer wilfully refuse to give Relief in the cases aforesaid the Justices of Peace in their Sessions may set a Fine upon him which may be levyed by Distress and Sale of his Goods Wingate ubi supra 43. Eliz. Ch. 3. 14. These Officers at the end of their year within 10 days after Easter Sessions are to give up a just account to the succeeding Treasurers of all their Receipts and Disbursements within the time of their Office and then if they have any mony in their hands they are to deliver it to their Successors and if any such Officer his Executors or Administrators shall not give up such Account within the time aforesaid or shall be otherwise negligent in the execution of his Office The Justices at their Sessions may Assess what Fine they please upon him so that it be not under five pounds but what they please above five pounds upon him his Executors or Administrators Wingate ubi supra 43. Eliz. Ch. 3. 15. In Corporations the Justices there are to 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 need require differing from that above limited in this Act so that no Parish pay above three shillings weekly nor under 12 pence weekly one Parish with another 43. Eliz. Ch. 3. FINIS A Guide for Treasurers of the County Stock for the Relief of Poor Prisoners in the Kings Bench and Marshalsey and for Hospitals and Alms-Houses in their several Counties 1. THese Officers are to be yearly chosen by the Justices at their Quarter Sessions about Easter and they must be two for every County Riding c. and by the words of the Statute they ought to be Subsidy men of 5 pound in Lands or 10 pounds in Goods at the least or near that value and these Officers are to continue in their Office but one year and then others to be chosen and they are to have the charge of the Receipt and Disbursements of the mony taxed and levyed upon the whole County yearly for the Relief of the Prisoners in the Kings Bench and Marshalsey and for the Relief of Hospitals and Almshouses within the same County 43. Eliz. Ch. 2. 2. And for this purpose the Justices of Peace of every County and Corporation or the major part of them at Easter Sessions yearly or as often as they shall think fit may rate every Parish at a certain sum to be paid weekly but so as no Parish may pay more than six pence nor less than half a peny and one Parish with another not above two pence through the whole Coun●y or Corporation which sum so rated the Constables and Churchwardens in every Parish or any of them or in their default the next Justice of Peace have power to Assess and to levy by Distress and Sale of the Parties Goods refusing to pay Rendring the overplus to the owners and for default of Distres● the said Justice may commit the party to Prison till it be paid Wingate's Stat. Tit. Poor 43. Eliz. Ch. 2. Dalt J. P. Ch. 53. fo 135. 3. And these sums collected and levyed as aforesaid the Churchwardens or Constables of every Parish are to pay to the High Constable of that Division ten days before every Sessions in pain that they or their Executors c. shall forfeit ten shillings And the High Constable is to pay over the Sums received to the Treasurers or one of them every Quarter Sessions in pain that he his Executors c. shall forfeit 20 shillings and these Forfeitures are to be levyed by the Treasurers by Distress and Sale of the Offenders Goods rendring the overplus to the party offending which Forfeitures are to be imployed by the Treasurers for the uses aforesaid 43. Eliz Ch.
Mask Wake Church-Ale Dancing Games Sport or pastime whatsoever they forfeit Five shillings if he or she be above Fourteen years of Age and if under that Age then Twelve pence by him that hath the government of the party to be levyed by Sale and Distress by the Constable by Warrant from a Justice of Peace or chief Officer as aforesaid and for want of Distress to be set Three hours in the Stocks and every Carrier going with his Horses on this day or Wagoner Carter or Waynman going with any Wagon Cart or Wayn or Drover with his Cattel forfeit Twenty shillings for every offence to be levyed also by Distress and Sale of his Goods if he be questioned within Six weeks after the offence done but there must be but one Twenty shillings forfeited for one Journey although they pass through several Parishes and this Twenty shillings that Parish shall have where the Distress is first taken 3. Car. 1. Ch. 1. Dalt Ch. 50. fo 134. And if any Butcher by himself or any for him shall kill or sell any Victuals upon the Lords day he forfeits Six shillings and Eight pence to be levyed by the Constable by Distress and Sale as aforesaid upon Warrant from a Justice of Peace c. the offence to be questioned within Six weeks after it is committed and the parties to be convicted before any Justice of Peace Maior or head Officer c. upon their own view proof of Two Witnesses or more or the parties own confession and the Justice Maior c. may reward the Informer with a Third part of the penalty 3. Car. 1. Ch. 1. Dalt J. P. Ch. 50. fo 134. CHAP. XXXVI The Constables Office about Tobacco Planting ALl Sheriffs Justices of Peace Maiors Bayliffs Constables and every of them upon Information or Complaint made to them or 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 planted or growing within their Jurisdictions or Precincts except such as is growing in any Physick Garden of either University or in any other private Garden where the quantity of ground planted exceeds not one half of one Pole in any one place or Garden they are within Ten days after such Information or Complaint to cause to be burnt plucked up consumed or utterly destroyed all such Tobacco so set sown planted or growing 12. Car. 2. Ch. 34. And if any person or persons shall resist or make forceable opposition against any person or persons in the due execution of this Office as abovesaid every person or persons for every such offence shall forfeit the sum of Five pounds to be recovered in any Court of Record and be also committed to the common Gaol of the County where the offence was committed there to remain without Bayl or Mainprize until he she or they do enter into Recognizance to his Majesty his Heirs and Successors with Two sufficient Sureties in Ten pounds penalty not to do or commit the like offence again 12. Car. 2. Ch. 34. 15. Car. 2. Ch. 7. CHAP. XXXVII The Constables Office about Weights and Measures EVery City Borough and Market Town within England ought to have common Weights and Measures sealed at which the Inhabitants themselves may freely weigh and all Forreiners must pay for every Draught under 40. pound a Farthing for a Draught between Forty and an Hundred must pay an half Peny and for a Draught betwixt an Hundred and a Thousand they must pay a peny wherewith the Weights are to be maintained and the Officers which attend that Service are to be rewarded at the discretion of the said Inhabitants 8. H. 6. Ch. 5. Wing Stat. Tit. Weights and Measures Every City which wants such Weights and Measures forfeits Ten pounds to the King every Borough Five pounds and every Market Town Forty shillings and the chief Officers of such places whether they be Constables Bayliffs or others are upon Request to them made to mark and sign such Weights and Measures to any of the Kings Subjects taking for the marking of every Bushel one peny and none ought to sell with any other Weights or Measures but such as are so marked 8. H. 6. Ch. 5. 11. H. 7. Ch. 4. Wingate's Stat. Tit. Weights and Measures Maiors and chief Officers are c. are at least once every year to view all Measures and Weights within their Jurisdiction and break or burn them which they find defective and also may inflict punishment upon the Offenders for the first offence Six shillings Eight pence for the second Thirteen shillings and Four pence and for the third offence Twenty shillings and besides may adjudge them to the Pillory Wingate's Stat. Tit. Weights and Measures 11. H. 7. Ch. 4. CHAP. XXXVIII The Constables Office about Watches THe Constables c. of every Town are to cause Night Watch to be kept from Ascension till Michaelmas in their Towns which Watch must continue from Sun set to Sun rise and may be by two or four men according to the greatness of the Town 13. E. 1. Ch. 4. Dalt J. P. Ch. 60. fo 140. Poul Watch. 1. These Watchmen are to apprehend all Strangers that pass by them in the Night and must examine them and if they find cause of suspicion in them then they may keep them till the Morning and if the parties refuse to obey the Arrest then the Watchmen may levy Hue and Cry for the taking of the said Night-walkers or the Watchmen may justifie the beating of them upon their resistance and set them in the Stocks till the morning and then if no suspicion be found in the parties they may let them go quit but if they find suspicion in them then the Watchmen may deliver them to the Constable who is to convey them to a Justice of Peace to be examined and to be bound over or committed until they be acquitted according to due form of Law Dalt J. P. Ch. 60. fo 140. Ch. 109. fo 292. 5. E. 3. 14. 5. H. 7. 5. a. Lamb. Office Const These Watchmen are also to apprehend Rogues and Vagabonds Night-walkers Evesdroppers Scouts and such like and such as go armed c. And note that these particulars following have been held for Law concerning Watches First That the Watch must be by men of able body and sufficiently armed and that no man is compellable to watch except ●●e be an Inhabitant within the same Town Secondly That such as are Inhabitants within the Town are not compellable to watch at the will of the Constable but only when their turn cometh according to the use and custom of the place which most commonly is by turn or house Thirdly If a man who is compellable to watch shall contemptuously refuse to watch upon the command of the Constable it hath been held by some that the Constable in such case ex Officio may set the party in the Stocks for his contempt but the safest way is for
any Vestry within any Parish in the Cities of London and Westminister Borough of Southwark and Weekly Bills of Mortality and in all other Cities Boroughs and Towns Corporate where Select Vestries are used in the Kingdom of England are within one month after their Election before the respective Archbishop Bishop or Ordinary Vicar General or Chancellour of the Diocess to make and subscribe as followeth I A. B. do declare that it is not lawful upon any pretence whatsoever to take up Arms against his Majesty And that I do abhor that traiterous Position of taking Arms by his Majesties Authority against his person or against those that are Commissionated by him And that I will conform to the Liturgie of the Church of England as it is now established And I do declare that I hold there lies no obligation on me or on any other person from the Oath commonly called The Solemn League and Covenant to endeavour any change or alteration of Government either in Church or State And that the same was in it self an unlawful Oath and imposed upon the Subjects of this Realm against the known Laws and Liberties of this Kingdom 15. Car. 2. Ch. 5. 8. He that refuses this Subscription within the time aforesaid is ipso facto deprived of such his place of Vestryman and a new one to be chosen and if such new one refuse also or if such person who shall have right of Election shall not proceed to Election within one Month after such vacancy then the respective Archbishop Bishop or Ordinary of the Diocess may under his Hand and Seal elect and nominate a discreet person of the respective Parish who after Subscription within the time aforesaid is to stand 15. Car. 2. Ch. 5. This Act is to continue till the end of the first Session of the next Parliament CHAP. II. The Churchwardens Office about Profanation of the Sabbath and of the Church 9. THese Officers are diligently to see that all the Parishioners duly resort to their Parish Church upon all 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 after due admonition if the amend not they must present their Names to the Ordinary of the place 5. 6. E. 6. Ch. 1. Canon 19. 90. 111. 10. If the Churchwardens find any person absent from the Church upon Sundays or Holydays 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 if they please may present such person in the Ecclesiastical Court But note that none are to be punished twice for one offence so that they must not pay their twelve pence and be presented too 1. El. Ch. 1. Hobbart's Rep. fo 97. 11. And if they find any Tipling in an Inn or Alehouse c. then besides the twelve pence for being absent from the Church as aforesaid they forfeit three shillings four pence more for Tipling and the Master of the House ten shillings for suffering them to Tipple which forfeitures are to go to the use of the Poor 4. Jac. Ch. 5. 12. The Churchwardens or Questmen are to suffer no Plays Feasts Banquets Suppers Church Ales Drinkings Temporal Courts or Leets Lay Juries Musters or any other profane usage to be kept in the Church Chappel or Churchyard neither the Bells to be rung superstitioufly upon Holydays or Eves abrogated by the Book of Common Prayer nor at any other times without good cause to be allowed by their Minister of the place and by themselves Canon 88. 13. Neither the Minister Church-wardens nor any other Officers of the Church shall suffer any man to preach within their Churches or Chappels but such as by fhewing their Licence to preach shall appear unto them to be sufficiently Authorized thereunto And the Churchwardens or 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 Canon 50. 85. CHAP. III. Some few Cases concerning Actions for and against Churchwardens 14. NOte that the Law doth make of these Officers a kind of a Corporation viz. Persons enabled by that name to take moveable Goods or Chattels and to sue and to be sued at Law concerning such Goods for the use and profit of their Parish for the property of the Goods of the Church is in them and they are by that Name enabled to take them for the use and profit of the Parish and therefore a man may well in his lifetime or by his last Will give or grant Mony or other moveable Goods to the Churchwardens or Parishioners of such a Parish for the Reparations of the Church or for buying of Books Communion Cups Linnen Cloths or other decent Ornaments or furniture for the Church 12. H. 7. fo 27. Finch's Law Lib. 2. Ch. 17. pag. 178. Kitchin pag. 278. a. 15. But they cannot take an Estate of Lands to them by Name of Churchwardens only for if a Feoffment be made to the use of the Churchwardens of D. this is avoid use for they have no capacity to take such Purchase Finch Lib. 2. Ch. 17. pag. 179. Rolls Cases 1. Part. fo 393. 16. Neither can they prescribe to have Lands to them and their Successors for they are no Corporation to have Lands but for Goods for the Church only P. 37. El. C. B. Longley Meredines Case Rolls Cases 1 Part. fol. 393. 17. If a Man buy a Bell and hang it up in the Steeple or make a Pew and set it up in the Church though he make neither words nor writing hereof yet by this the Bell and Pew are so dedicated to the Church that the party that did owe them can never have them again for if they should come to remove them the Churchwardens might sue them for it 8. H. 7. 12. 10. H. 4. fol. 9. Kitchin pag. 277. a. 18. They can have no action at Common Law to recover any Goods of which they never had the possession But if the Churchwardens be once possessed of any Goods or Ornaments belonging to the Church and afterwards the same things are taken from them then they have the same remedy for the things as other men have for the goods taken from them And therefore if such Goods be stoln they may have an Appeal of Robery and if they be otherwise taken away or abused as if a Bell be broken or the like the Churchwardens may have an Action against him that doth it and in this Action they recover Damages to the use of the Parish and not to their own use Tr. 8. E. 4.
the Ornament of the Church M. 2. Car. 1. B. R. Rolls Cases 2. Part. fo 291. 47. Note That a man ought to be rated according to his personal Estate and not according to his Lands for the Ornaments of the Church M. 20. Jac. B. R. Rolls Cases 2. Part. fo 291. 48. These things hereafter mentioned are accounted Church Reparations viz. the Walls of the Church and Church Steeple the Churchyard Walls of Stone or Brick the Windows of Stone or Brick and the Barrs of Iron and Glass the Roof of Timber with Laths Nails Prigs Dogs and Bolts of Iron the covering of Lead Tile Slates or Shingles the Floor with Stone or paving Tile the Doors of Timber with Locks Keys Ridges Hooks and Nails the furniture of the Steeple with Stairs Floors Bells Wheels and Ropes the Pulpit and the Pews or Seats not made by private men and all these are to be performed by Land Rate c. though the occupier lives in another Parish as afore-shewed 49. But these hereafter mentioned are not properly Church Reparations viz. the Communion Table with the Coverings thereof the Communion Cups the Bread and Wine for the Communicants the Bible and other Books appointed to be in Churches the washing of the Communion cloths the Candles for the Lecture days the Surplace the Pulpit Cloth and Cushion the Clerk and Sextons wages and expences of the Churchwardens and Sidemen at the Visitation and therefore all these are to be performed Ratably by the Inhabitants of the Parish and not by out dwellers CHAP. VI. Some Cases wherein the Churchwardens are equally concerned with the Constables and Overseers of the Poor 50. IF any of their own authority shall wilfully disturb any Minister in his Preaching or Reading of Divine Service the Churchwardens or Constables may of their own Authority apprehend such persons and bring them to a Justice of Peace to be dealt with according to Law 1. Mar. Ch. 6. See The Constables Guide Chap. Disturbing of Ministers c. 51. These Officers are to joyn with the Overseers of the Poor in the execution of their Office for they have an equal Authority and charge with them in the execution of the whole Office therefore see afterwards in the Office of Overseers of the Poor Ch. 1. 52. If a Rogue be brought to these Officers they must receive him and look to him or forfeit 5 pound and be bound to the good behaviour Stat. 39. El. See Constables Guide Chap. Rogues c. 53. These Officers by Warrant from a Justice of Peace may levy the forfeiture for Cursing and Swearing which is twelve pence upon the Offenders Goods 21. Jac. Ch. 20. 3. Car. 1. Ch. 4. See Constables Guide Ch. Swearing c. 54. If any forfeiture be by any offence about killing Hares Pheasants or Partridges and the Justice of Peace force the payment thereof to these Officers they are to see it imployed to the use of the Poor of the Parish 1. Jac. Ch. 27. 55. These Officers are to present the Offences against the 1. Jac. for suffering Tipling and Drunkenness and selling by unlawful measure and are to execute the Warrants from the Justices concerning the same 1. Jac. Ch. 9. 1. Car. 1. Ch. 4. 21. Jac. Ch. 7. 4. Jac. Chap. 5. See Constables Guide Ch. Alehouses c. 56 These Officers also are to execute the Warrants against such as profane the Lords Day by Sports c. 3. Car. 1. Ch. 1. Ch. 22. See Constables Guide Ch. Profanation of the Sabbath 57. These Officers also are to execute the Warrants against such as destroy Fish unlawfully 3. Jac. Chap. 12. See Constables Guide Ch. Fish c. 58. These Officers are also to joyn with the Constables in the making of Rates for the Relief of poor maimed Souldiers and Mariners and for conveying Prisoners to the Gaol and to execute the Warrants for the same 43. El. 14. El. Ch. 5. 3. Jac. Ch. 10. See Constables Guide Chap. Quarter Moneys Chap. Conveying Prisoners to the Gaol 59. These Officers are also to joyn with the Constables in the choosing of Surveyors for the High-ways and in the setting down of days for the work and in the over-sight of the High Constables Account for the Monies they do receive upon any forfeiture about the High-ways and they may also with the help of two Justices of the Peace Quor unus force High Constables that have received any monies forfeited for default of High-ways to account for it and pay in what is in their hands to be imployed about the High-ways and these Officers also are to execute the Justices Warrants for all such penalties about cleansing the streets and repairing High-ways as are forfeited by the 14. Car. 2. Ch. 2. vide 2. 3. P. M. Chap. 8. See Constables Guide Ch. High-ways 60. These Officers have equal Authority with the Constables or Overseers of the Poor about the seizing of forein Cattel imported into England c. 18. Car. 2. Ch. 2. See Constables Guide Ch. Irish Cattel 61. These Officers together with the Overseers of the Poor are to execute the Justices Warrant for levying the penalty of five pound upon the parties Goods that is not buried in Woollen which penalty is to be imployed to the use of the Poor of the Parish where such party is buried 18. Car. 2. Ch. 4. 62. These Officers in the several Parishes within the Cities of London and Borough of Southwark c. upon every Tuesday or Wednesday in Easter week together with the Constables Overseers of the Poor and Surveyors of the High-ways of every Parish respectively or the greater number of them giving notice unto or calling together such other Inhabitants of their respective Parishes as have formerly born the like Offices they or the greater number of them are to make choyce 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 then next following and until others be chosen and setled in their places 14. Car. 2. Ch. 2 CHAP. VII The Churchwardens Office about Passing Accounts together with the Heads of most of the things which they are to present at the Visitation Court 63. ALl Churchwardens at the end of their year or within a moneth after at the most are before the Minister and Parishioners to give up a Just Account of such Monies as they have received and also what particularly they have bestowed in Reparations or otherwise for the use of the Church And last of all going out of their Office they must truly deliver up to the Parishioners whatsoever Monies or other things of Right belonging unto the Church or Parish which remains in their hands that it may be delivered over by them to the next Churchwardens by Bill Indented Vide Canon 89. 64. And if they refuse to do this they may be presented at the next Visitation Court
2. Wingate's Stat. Tit. Poor 4. And such Sums as the Justices shall appoint for the Kings Bench and Marshalsey which must be 20 shillings yearly out of each County to each of them These Officers must pay over in convenient time to the Lord Chief Justice of England and Knight Marshal for the time being equally to be divided to the uses aforesaid taking their Acquittances for the same and in default of the said Chief Justice the next antientest Justice of the Kings Bench. Wingate ubi supra 43. Eliz. Ch. 2. 5. They are to pay yearly also by a Quarterly Payment such sums of mony as shall be set down by the Justices of Peace at their Quarter Sessions unto the Masters and Governours of the Houses of Correction the which if they do refuse or neglect to do the same Masters or Governours without any Warrant may levy the same of the Goods of the said Treasurers by Distress and Sale rendring them the overplus 7. Jac. Ch. 4. 6. And the Surplusage of the mony by the Treasurers received they must distribute and bestow for the Relief of the poor Hospitals of the same County and for the Relief of those that have sustained Losses by Fire Water the Sea or other Casualties according to the discretion of the Justices of the Peace of the same County Wingate's Stat. Tit. Poor 43. Eliz. Ch. 2. 7. These Officers at the end of their year at Easter Sessions are to give an account to the succeeding Treasurers of all their Receipts and Disbursements in the time of their Office And then also if they have any mony in their hands they are to deliver up the same to the succeeding Treasurers And if any Treasurer so elected as before shall wilfully refuse to take upon him the said Office of Treasurership or to distribute and give Relief or to account according to that order the Justices shall set down the Justices may Fine them at their Sessions which Fine must not be under three pounds 43. Eliz. Ch. 2. FINIS A Guide for Masters of the House of Correction and Governours of the Corporations or Work-Houses in London Westminster c. 1. THe Governour or Master of the House of Correction is an Officer appointed by the Justices of Peace at their Quarter Sessions to have the Oversight and Government of the House of Correction within their County or Riding of whom the Justices are to take sufficient Security for the continuance and performance of the Service belonging to his Office and the Justices are to set down what allowance they shall have for their pains which may be charged upon the County and for the Relief of such as shall happen to be weak and sick in their custody and for the Stock to set on work such persons as shall be committed thither and they may set down other orders concerning the same according to their discretions and the mony allowed to these Officers by the Justices as aforesaid is to be paid Quarterly before hand by the Treasurers of the County for the Relief of the Prisoners in the Kings Bench and Marshalsey and if the Treasurers refuse or neglect to pay it the Master of the House of Correction may levy the same or so much thereof as shall be unpaid upon the Treasurers Account by Distress and Sale of their Goods rendring back the overplus of the mony 39. El. Ch. 4. 7. Jac. Ch. 4. 2. Now the Office and Duty of this officer consists in these things following viz. To look well to the same House and the backside thereof and to all the Implements and Goods he doth find there and to look to all such lewd persons as he finds there at his entrance and to receive all such Rogues Vagabonds and idle or disorderly persons as by any of the Justices of Peace shall be sent thither Co. 2. Part. Inst fo 731. 3. He is also to keep safely all such as are committed to his custody and not to suffer them to wander abroad about the Country or to escape away without order of Justices 7. Jac. Ch. 4. Co. 2. Part. Inst fo 734. 4. He is also to see and take care that amongst the persons committed to his charge if there be any Sick or otherwise Impotent that stands in need of Relief that he do relieve them according to their necessity 7. Jac. Ch. 4. Co. 2. Part. Inst fo 732. 5. And for the rest that are able to work he is to see and take care that from time to time as long as they remain there they be set to work and labour for during that time they must in no sort be chargeable to the Country for any allowance either at their coming in or going forth or abode there for they are to have such and so much allowance only as they shall deserve by their own labour and work and if they will not work and perform their Task he is to punish them as he sees cause with putting on Fetters or Gives upon them and by moderate whipping of them 7. Jac. Ch. 4. Co. 2. Part. Inst fo 731. 6. And lastly at every Quarter Sessions the Master is to give an account of all such persons as have been committed to his custody And if he offend in any of these particulars before rehearsed or in any other Duty incident to his Office the Justices of Peace may impose such Fines and Penalties upon him for the same as they shall think fit and these Fines must be paid unto and must be accounted for by the Treasurer of the County Stock for the Kings Bench and Marshalsey c. 7. Jac. Ch. 4. Co. 2. Inst fo 734. 7. Now touching the Corporations and Work-houses in London and Westminster and within the Burrough Towns and places of the County of Middlesex and Surrey within the weekly Bills of Mortality and their Officers these things are to be observed following First it is ordained that there shall be one or more Corporation or Corporations Work-house or Work-houses within the Cities of London and Westminster and the Burroughs and places within the Counties of Middlesex and Surrey lying within the Weekly Bills of Mortality consisting of a President Deputy President and Treasurer and the Lord Maior to be President of the Corporation Work-house or Work-houses within the City of London and the Aldermen and 52 other Citizens to be chosen by the Common Counsel to be Assistants which President and Assistants or the major part of them are to choose a Deputy President and Treasurer and all other necessary Officers to execure the powers appointed by the Act and a President Deputy President Treasurer and Assistants are to be appointed by the Lord Chancellour or Lord Keeper of the Great Seal for the City of Westminster and the Liberties thereof for the Corporation or Corporations Work-house or Work-houses within the same and for the said places within the Weekly Bills of Mortality in the Counties of Middlesex and Surry a President Deputy and Treasurers are to