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A56493 A new guide for constables, headboroughs, tythingmen, church-wardens, 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 compleat of any work of this nature / collected by J.P. Gent. J. P., Gent. 1692 (1692) Wing P60; ESTC R5423 90,373 182

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c. 12. Upon complaint to one or more Justices of Peace the Proof shall lie upon the Defendant to make appear by Oath of one or more Witnesses that he or they did sell or buy according to this and the said former Act wherein if he fail he shall forfeit as by this Act is directed to be levied by distress and sale of Goods by Warrant under the Hand and Seal of one or more Justices before whom such Conviction shall be The Penalties to be distributed one half to the Poor of the Parish where the Offence shall be committed the other to the Informer 22 23 Car. 2. c. 12. DIRECTIONS to Treasurers for the Relief of Poor Maimed Soldiers and Mariners THE Justices of Peace are yearly at the Quarter Sessions about Easter to choose or appoint one or two Persons according to their Discretions of the County for the taking and distributing of the Monies collected for the Re●ief of poor maimed Soldiers and Mariners And these Treasurers by the Words of the future ought 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 Mony for these Treasurers the greater part of the Justices in their Quarter Sessions have power to charge every Parish within their Limits towards a Weekly ●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 Mony and if the Constables or Churchwardens their Executors c. fail in the payment to the High Constable within the time aforesaid then they are to forfeit 20 s. and if the High Constable fall to pay the Treasurers every Sessions then he forfeits 40 s. which Forfeitures as it seems the Treasurers may levy by Distress and Sale of the Offenders Goods without any Warrant rendring the overplus to the Owner And these Forfeitures are to go in Augmentation of the Treasurers Stock 43 El. c. 3. The maimed Soldier or Mariner which was Prest shall repair if he be able to Travel to the Treasurers of the County where he was Prest if he were not Prest then to the Treasurers of the County where he was Born or were he last dwelt by the space of three years at his Election but if he be not able to Travel then to the Treasurers of the County where he Lands and he is to bring with him a Certificate under the Hand and Seal of the Chief Commander or of the Captain under whom he served containing the particular of his Hurts and Service which Certificate shall also be allowed by the Muster-Master or the Receiver-General of the Rolls for the Muster under one of their Hands 33 El. c. 3. Then upon such a Certificate the Treasurer● aforesaid may allow the Party Relief to maintain him till the next Quarter Sessions an● then the major-part of the Justices may allo● him a Pension which the Treasurers mu●● pay him quarterly until it shall be revoked 〈◊〉 altered by the said Justices and this Allowanc● 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 obtain'd any Allowance from the Muster-Master or Receiver-General of the Muster-Rolls Wingates Stat. Tit. Captains and Soldiers 43 El. c. 3. If any Soldier or Mariner beg or counterfeit 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 Prest a fit Pension cannot be satisfied it shall then be supplied by the County where he was born or else where he last dwelt by the space of three years Wingate ubi supra 43 El. c. 3. The Treasurers are to Register all their Receipts and Disbursements and must enter the Names of the Parties relieved into their Book and also the Certificate by virtue whereof the Disbursements are made and where they disallow of a Certificate they are to set down 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 Treasurers o● 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 o● shall be otherwise negligent in the Executio● 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
A NEW GUIDE FOR CONSTABLES Headboroughs Tythingmen Church-wardens Overseers and Collectors for the Poor Surveyors for Amending the High-ways 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 Compleat 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 Constables Office about Affrays 9 Chap. 3. The Constables Office about Alehouses c. 12 Chap. 4. The Constables Office about Arms c. 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 c. in their several Liberties to make Return thereof unto them 17 Chap. 6. The Constables Office about Foreign Bone-Laces Cutwork Imbroidery c. and French Goods 19 Chap. 7. The Constables Office for providing necessary Carriages for his Majesty c. 23 Chap. 8. The Constables Office about Irish Cattel 27 Chap 9. The Constables Office about Conventicles 30 Chap. 10. The Constables Office about Clothiers 32 Chap. 11. The Constables Office about the Customs 34 Chap. 12. The Constables Office about Setting-Dogs c. 35 Chap. 13. The Constables Office about Escapes and Arrests Ibid. Chap. 14. The Constables Office about Excise 37 Chap. 15. The Constables Office about Fish 38 Chap. 16. The Constables Office about forcible Entries c. 40 Chap. 17. The Constables Office about Hedge-breaking c. ibid. Chap. 18. The Constables Office about Stoned-Horses 43 Chap. 19. The Constables Office about Hue and Cry 44 Chap. 20. The Constables Office about Labourers c. 46 Chap. 21. The Constables Office about Malt-making 48 Chap. 22. The Constables Office about disturbing 〈◊〉 Ministers 49 Chap. 23. The Constables Office about Moss-Trooper● 5● Chap. 24. The Constables Office about the Peace 5● Chap. 25. The Constables Office about Physicians 5● Chap. 26. The Constables Office about the Plagu● ibid Chap. 27. The Constables Office about conveyin● Prisoners to the Goal 5● Chap. 28. The Constables Office about Quarter Mon●●● for Maimed Soldiers Prisoners c. ●● Chap. 29. The Constables Office about Popish Rec●sants 5● Chap. 30. The Constables Office about distraini●● for Rent 6● Chap. 31. The Constables Office about Riots a●● Routs 6● Chap. 32. The Constables Office about Rogues a●● Vagabonds 6● Chap. 33. The Constables Office about keeping t●● Sabbath 7● Chap. 34. The Constables Office about profa●● Swearing 7● Chap. 35. The Constables Office about Tobac●● Planting 7● Chap. 36. The Constables Office about Weights and Measures 77 Chap. 37. The Constables Office about Watches 78 Chap. 38. The Constables 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 Overs●ers about puttin● 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 c. 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 High-ways c. 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 High-ways and about taking an● digging for Gravel Chalk Sand c. 14● Chap. 3. The Surveyors Duty about cutting dow● Bushes Trees and scouring of Ditches in th● High-ways and also touching Presentments an● Inquiries about Defaults passing of Accounts Travelling of Wagons Wains c. 147 Chap. 4. Some Heads of the Stat. 22 23 Car. 2. c. 17. concerning the Ways Sewers Pavements c. 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 ●●rections for the Keepers of Fairs and Markets 164 ●●rections to Treasurers for the Relief of Poor Maimed Soldiers and Mariners 169 THE DUTY OF CONSTABLES c. 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 then caused those Shires to be subdivided into Hundreds Rapes Ridings Wapentakes and divided these also into Tythings 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 smalness of
impose Taxes upon Houses in proportion to the benefit they receive thereby and to levy the same by Distress and Sale of Goods is made perpetual together with the Powers thereby given and appointed to be executed And the sole Powers of ordering and regulating the keeping clear pitching and paving the Streets Lanes and Passages with the manner thereof and of making and cleansing Drains and Sewers in London is to remain in the Mayor Commonalty and Citizens to be executed by such as the Mayor Aldermen and Commons in Common Council shall appoint or seven or more of them being all Members of the said Court. And Persons imployed in any of the said Works are enjoyned to observe the Directions of the Persons in that behalf authorized 22 23 Car. 2. c. 17. Offenders may be proceeded against by Indictment at the next Sessions of the Peace in the said City and Liberties unless they submitted to the Censure of the Persons so authorized or any seven or more of them and pay the Mulct by them imposed to the Chamber of London to be imployed towards the Works in this Act mentioned 22 23 Car. 2. c. 17. The Persons so authorized may impose Taxes on the several Wards and Precincts and direct Precepts to the respective Deputies and Common Council Men to assess the same and like Precepts to Scavengers to collect the same And where any Church or Churchyard shall front or adjoyn to any of the said Streets Lanes or Passages they may assess a reasonable proportion upon the Parish to be paid by the Churchwardens of which Assessments the Deputies and Common Council Men shall return Duplicates with the Scavengers Names within twenty days after receipt of the Precepts And in default of the said Deputies and Common Council Men the said Persons to be authorized may rate the said Assessments And in default of payment within six days after demand the Scavengers may levy the same by distress and sale of Goods rendring the overplus besides the reasonable Charge of distraining And the Mony so collected shall be paid into the Chamber of London not to be issued thence but by order of the said Persons so to be appointed or seven or more of them 22 23 Car. 2. c. 17. Inhabitants aggrieved through defect or decay of Pavements or want of cleansing the Streets c. shall upon proof that such grievance is unreformed receive directions from the Persons so to be authorized or seven or 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 Aldermen and Commons in Common Council may set out and purchase Ground for Laystals and places for publick Stores for receipt of Dirt and Rubbish carried out of the City and for other Materials and Commodities The Mony for the same to be paid out of the Monies arising by the Imposition upon Coals appointed for publick Uses of the City other than the Mony appointed for Building Churches 22 23 Car. 2. c. 17. No Persons by this Act made liable to be rated towards the altering mending or cleansing the said Vaults Sewers c. or cleansing c. Streets Lanes c. shall be otherwise charged or liable thereunto 22 23 Car. 2. c. 17. CHAP. V. Some Heads of the 2 of W. and M. for Paving and Cleansing the Streets in the Cities of London and Westminster Suburbs and Liberties thereof the Out-Parishes in the County of Middlesex the Borough of Southwark and other Places within the Weekly Bills of Mortality in the County of Surrey EVery Inhabitant inhabiting in the said Parishes and in the Town of Kensington shall twice every Week sweep before their Houses and Buildings and take up the Dirt ready for the Scavenger or other Officer or else for every Offence or Neglect forfeit 3 s. 4 d. If any throw or permit to be thrown Ashes Filth or Annoyance before his House Building or Wall shall forfeit 5 s. If before any Church Church-yard or publick Buildings or into any Sink or Way publick or private but shall keep it in their Houses and Yards until the Officers come to carry it away or else forfeit 20 s. Churchwardens House-keepers of White-hall or other the Kings Houses or of Noblemens Houses shall be subject to like Penalty so shall Ushers of Courts and Porters and Keepers of other publick Buildings Scavengers and Officers shall come every day except Sundays and Holidays and give notice that the Parties concerned may bring out their Dust c. or forfeit 40 s. for every neglect Every Housholder shall pave and keep repaired the Streets before their Houses and Ground unto the 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 chuse two Tradesmen to be Scavengers who being allowed under the Hand of any two Justices shall within seven days take the Office or pay 10 l. and within seven days after such refusal they shall in like manner chuse another who shall accept or pay 10 l. which Penalties to be levied by Distress and Sale and for want of Distress or Payment within six days after notice at his House to be sent to the Goal until payment Within twenty days after such Election the Constables c. shall call such Inhabitants as have born the like Office and make a Tax by a Pound Rate which being confirmed by two Justices shall be quarterly paid upon demand made by the Scavengers or other Officers appointed to gather the same and being refused shall by Warrant of two Justices be levied by Distress and Sale and for want of Distress by Imprisonment of the Offender until payment The Scavengers are to account for the Mony by them Collected