said Fines by way of distress and if no distress can be found or the party do not pay the Fine within twenty dayes after demand thereof he or they shall forfeit double so much All which Fines and forfeitures shall be bestowed on the High-wayes in the same Parish by the Constable and Church-wardens there Stat. idem Dalt J. P. ch 26. fol. 70. The Bayliff or High-Constable is yearly between the first of March and last of April to render unto the Constable and Church-wardens to whom the other part of the Estreat was delivered a true Account of the Moneys received by them in pain of forty Shillings And the said Constables and Churchwardens have power to call the Bayliff or High-Constable before two Justices one of the Quorum to pass the Account who have power to commit such Bayliff or High-Constable until they have satisfied all the Arrerages by them received Stat. idem Upon passing their Account every Bayliff or High-Constable shall be allowed Eight pence for every Pound collected and Twelve pence for the fee of the Estreat delivered Stat. idem Dalt ch 26. f. 21. Any two Justices of peace upon complaint to them made by the succeeding Constables and Churchwardens may call before them the precedent Constables and Churchwardens and compel them to pay in all Arrerages in their hands 18 Eliz. ch 10. The Surveyors by warrant from two Justices of the peace are to levy by distress and sale of goods the Forfeitures of all such persons as offend in not scowring their Ditches c. and if they neglect to levy the Forfeiture for the space of a year after the offence committed then the Justices may send to the Constable and Churchwardens to levy the same 14 Car. 2. ch 2. Constables or other officers by warrant from any of His Majesties Justices of either Bench Barons of the Exchequer or Justices of the peace to them directed are to levy by distress and sale of the offendors goods all such penalties as shall be forfeited by the said Act touching repairing the High-wayes and Sewers and for paving and keeping clean the Streets in and about the Cities of London and Westminster and for default of distress or non-payment of the said Penalties within six dayes after demand thereof or notice in writing left at the house or dwelling place of the offendor by the said Constable or other officer the said offendor not being a Peer of the Realm may be committed to the common Gaol of the said County or City by warrant of any such Justice under his hand and seal there to remain without bayl or mainprize until payment thereof be made CHAP. VIII The Constables office about Forein Bonelaces c. Chimney-money Customs Excise Fish 1. FOrein Bone-laces c. Constables upon Warrant to them directed from the Justices of peace or chief officers of Cities and Corporate-Towns c. are to search in their several Counties Cities Towns and Liberties in the Shops being open Ware-houses and dwelling-house of such person or persons who shall be suspected to have any Forein Bone-laces Cut-works Embroideries Fringes Band-strings Buttons or Needle-works made of Thred Silk or any or either of them made in the parts beyond the Seas and where they find any such to seize the same 2. Chimney-money 16 Car. 2. ch 3. All Justices of the peace chief Magistrates Treasurers and Under-Treasurers Constables and other His Majesties officers are within their several Liberties and Jurisdictions to ayd and assist His Majesties officers appointed for the collecting of the Duty of Hearth-money Stat. idem The Officers appointed by His Majesty for the Chimney-money once every year being accompanied with the Constable or Tythingman Treasurer or Under-Treasurer or other publick officer of the Peace and in all Parishes and places where there are no Constables Tythingmen or other publick officers as aforesaid there without any such assistance may enter in the day time into any dwelling or other House Edifice Lodging and Chambers in any of the Inns of Court or Chancery Colledges and other Societies to search and examine whether there be any more Fire-hearths and Stoves in the same than were formerly Returned or certified and what are increased or decreased since the last Certificate And if they find any variance in the Number returned both the Officer and Officers appointed by His Majesty and the Constable or Tythingman or other Officer aforesaid are to certifie the same under his or their hands to the Clerk of the peace Stat. idem If the party after demand made by His Majesties officers or their deputies at the house chamber or place where the duty shall grow due make default or refuse to pay by the space of one hour after such demand then the officer or his deputy with the assistance of the Constable or Tythingman or other Officer may at any time in the day levy the said duty and all the Arrears thereof by distress and sale of the goods of the parties making default rendring the overplus to the owners deducting necessary charges for taking the distress which charges are not to exceed one moiety of the Duty and Arrears 16 Car. 2. cap. 3. No arrears of Hearth-money are to be distreined for after the space of two years next after such duty becomes due And if any violence opposition or injury be done by any person or persons to any of His Majesties officers or their deputies in the due execution of their office Oath being made there of before any one Justice of the peace or chief Magistrate c. such Justice or the Magistrate if they think fit may commit the offendor to the common Gaol for any time not exceeding one Moneth Stat. idem The Constables are to have two pence in the pound paid them by the Collector to whom they pay the Chimney-money by them collected and are to pay nothing to the Collectors for their Acquittances 3. Customes 12 Car. 2. ch 19. Any person having a Warrant from the Lord Treasurer or any of the Barons of the Exchequer or chief Magistrate of a Port for the search of Uncustomed goods may with the assistance of a Sheriff Justice of the peace or Constable who are to be aiding and assisting upon request may enter into any House in the day time where such goods are suspected to be concealed and in case of resistance may break open such House and seize and secure such goods Stat. idem No House is to be entred unless it be within one Month after the offence supposed to be committed and if the Information whereupon the House shall come to be searched do prove false the party injured shall recover full Costs and damages against the Informer by Action of Trespass 14 Car. 2. ch 11. Such persons as are authorized by Writ of Assistance out of the Exchequer are to take a Constable Headborough or other officer inhabiting near the place and in the day time to enter into any house shop cellar warehouse room or other place
18 Eliz. ch 10. For the Kings Ferry in Kent Statutes for particular Bridges Stat. 18 H. 6. chap. 28. For making of Burford and Culhamford Bridge Stat. 18 Eliz. ch 17. 27 H. 7. ch 25. For the maintenance of Rochester Bridge Stat. 18 Eliz. ch 20. For the repair of the Bridges within a mile of Oxford Stat. 23 Eliz. chap. 11. For the maintenance of the Bridges over Toffe in Wales Stat. 39 Eliz. chap. 23. For making and repairing of Newport and Carleon Bridges over the River Usek Stat. 39 Eliz. ch 24. For building and maintenance of a Bridge at Wilton upon Wye near Ross in Herefordshire Stat. 3. Jac. chap. 23. For making and repairing Chepstow Bridge Stat. 14 Car. 2. ch 6. For building and repairing Laycock and Rey Bridges in Wiltshire and Stratford Bridge in Middlesex By the same Act it is provided That all Bridges shall have sufficient Walls or Posts and Rails on each side thereof four Foot high at the least adn that the same be from time to time sufficiently kept and repaired Pasch 10 E. 3.28 29. Coke 2 Part of the Institutes fol. 701. Bridges are to be repaired by the whole County by common Right if it be not known who ought to do the same otherwise Rolls Cases 1. part f. 368. 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 Kings 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 profit Coke 2. part Instit so 700. If man which holdeth an 100 Acres of Land ought to repair a Bridge by tenure of the same do alien 20 Acres thereof to one man and 10. Acres to another man in such case every owner or occupier of such Lands must be charged proportionably for their said Lands 22 H. 8. chap. 5. Coke 2. part Instit fo 702 Dalt J.P. chap. 13. fo 41. If any Bridge be wholly in a City or other Town-Corporate the inhabitants of the same City or Town Corporate must repair it And where such Bridge lyes out of such City or Corporate-Town the same must be made by the inhabitants of the Shire or Riding within which the same Shire shall be And if part of a Bridge be in one Shire or Riding City or Corporate-Town and one part in another then every of them shall be charged to make and repair such part as shall lye and be within their own limits Crompt 186. b. 43. Ass Dalt J. P. ch 13. fo 42. Such as are chargeable to repair a Bridge may enter upon any other mans land or soyl adjoyning 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 although the soyl be to another and if the ends be broken by the Water-course he must follow the Water-course and mend the way Stat. 22 H. 8. ch 5. Dalt J. P. ch 13. fo 4. Where a common Bridge in the Kings HIghway is in decay and that it cannot be proved or known who nor what Lands are chargeable to the repairing thereof four Justices of the peace one of the Quorum within the Shire or Riding wherein such decayed Bridges be and if they be in a City or Town-corporate then four 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 summ of Money as by their discretions they shall think convenient as well for the repairing of such Bridge as also for the making and repairing of the Highwayes by the space of 300. Foot next adjoyning to the ends of any such Bridge Coke 2. part Instit fo 704. 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 c. for then one or few might be distrained upon the whole Stat. 22 H. 8. ch 5. Dalt J. P. ch 13. fo 40. Coke 2. part Instit fol. 701 702. Where a Franchise City or Borough is a County of it self 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 amended by the Common Law by such remedies as they were antiently before the Statute of 22 H. 8. supra Coke 2. part Instit fo 704. Dalt J. P. ch 18. fo 40. The Justices of peace after the Taxation is made shall cause the names and summs of every particular person so Taxed to be written in a Roll indented in Parchment for every Hundred and sealed with their Seals Coke part idem fo 705. Dalt J.P. ch fol. idem 22 H. 8. ch 5. The Justices may make two Collectors of every Hundred to gather the Money so taxed which said Collectors having received one part of the Roll thereof indented have power to gather all the Money therein mentioned and if refusal be made upon demand then to distrain and sell such distress rendring the overplus to the owner if any be Stat. 22 H. 8. ch idem Dalt ch fo ead The Justices are likewise to appoint two Surveyors who from time to time as often as need shall require shall see such decayed Bridges and Wayes repaired and amended to whose hands the Collectors must pay the money by them received Stat. idem Dalt idem The 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 Expences of the said summs of Money and if any of them refuse so to do then the said Justices of peace from time to time at 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 Sessions of the Peace and the said Justices may allow such reasonable Costs and charges to the said Surveyors and Collectors upon their account as to them shall seem
Town Parish or Village to whom Hue and Cry shall come ought to search in all suspected houses and places within their Liberties and as well be 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 suspitious 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 27 Elizab. cap. 13. Dalt J. P. ch 48. fol. 132. Where a Hundred is sued for a Robbery and damages are recovered against one or some few inhabitants of the Hundred and the rest refuse to contribute thereunto in such case two Justices of the peace one of the Quorum dwelling 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 Tax the particular Inhabitants within their Liberties and then levy the money upon such as refuse by distress and sale of their Goods restoring the over-plus if any be and after the Money is gathered they are to restore the same to the Justices or some of them that made the Rate within ten dayes 27 Eliz. cap. 13. That Hundred where fresh Suit shall cease shall answer half the damages to the Hundred where the Felony was committed to be 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 Bract. lib. 3. f. 121. Dalt J. P. f. 133. Where any one of the Robbers is apprehended or where the Action is not 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 Westm 1. ch 9. Co. 2. part Inst f. 172. He that goeth not at the command of the Sheriff or Constable at the Cry of the County that is upon Hue and Cry to arrest Felons after Attainder shall be grievously fined and imprisoned 4. Carrying Prisoners to the Gaol 3 Jac. ch 10. Dalt chap. 43. f. 104. An offendorwhich is to be conveyed to Gaol 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 offendor 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 satisfie the said Charges the Apprizement to be made by four Inhabitants of the parish where such Goods be and the over-plus to be returned to the owner 1 Jac. ch 10. And if the offendor have no goods to defray the charges then the charge must be born by the Town or Parish where the offendor 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 then 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 appraisement by four of the Inhabitants may sell the same rendring to the party refusing the overplus if any be And if the Constable or other officer that makes such distress be sued he may plead Justification and upon a verdict for the defendant or Non-suit of the plaintiff he shall recover treble damages besides Costs of suit 5. Servants and Labourers 5 Eliz. c. 14. The Constable in the time of Hay and Corn harvest upon request to him made by any man that wants Labourers to get in his Harvest to prevent loss thereof may cause all such Artificers as he shall see meet to labour to serve by the day for mowing reaping or otherwise for the getting in of Corn or Hay abroad according as they seem fit and able to perform And if such persons shall refuse to work after they are requested thereunto the Constable may set them in the Stocks by the space of two days and one night and if the Constable neglect to perform his office herein he forfeits Fourty shillings 5 Eliz. chap. 4. No person reteined in Husbandry or in any Arts appointed by that Statute shall depart after the time of such reteiner 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 housholders there and in the Countrey under the hands and seals of the Constable or other officers and two housholders of the Town or Parish where he last served which Testimonial is to be registred by the Minister for which he is to have Two pence and then to be delivered to the party The form of a Testimonial for a Servant MEmorandum That J.S. servant to J.D. of Bramsil in the County of Southampton yeoman is licensed to depart from his said Master and is at liberty to serve elsewhere according to the Statute in that case made and provided In witness whereof we have hereunto set our hands and seals this 25 day of August in the 22 year of the reign of our gracious Sovereign Lord King Charles the Second 1670. Ri. Turner Constable of Bramsil R. C. J. D. Housholders there If it be one that lives with a Woman then say is licensed to depart from his Mistress or Dame as she is if the Master be not a Yeoman or Husbandman but an handy-crafts-man as Taylor Smith c. then name him so in the Testimonial 5 Eliz. ch 4. Dalt J. P. ch 31. fo 63. The Master that reteins a Servant without such a Testimonial forfeits Five pounds being thereof convicted by Indictment taken in the Sessions of the Peace and every Servant which sheweth not such a Testimonial to the chief Officer in 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 dayes next after the first day of his Imprisonment or if he shall shew a false or counterfeit one then he is to be whipped and used as a Vagabond This Statute as to this particular of Testimonials is
Warrant may do it Dalt J.P. ch 26. fo 70. Stat. 5 Eliz. ch 13. The Surveyors or one of them are to preent to the next Justice of peace every default upon the 2d and 3d of P. M. ch 8. and 5 Eliz. ch 13. within one Month after it shall be made on pain of 40 s. and the Justice is in pain of 5 l. to certifie the same at the next Quarter Sessions where the Justices are to enquire of the default and set such Fine upon the offendors as they or two of them one of the Quorum shall think fit 5 Eliz. 13. Rastall 199. The presentment of a Justice of peace in Sessions upon his own knowledge shall be a good conviction upon which the Justices in Sessions or two of them one of the Quorum may assess a Fine as well upon a Verdict but the offendor shall be admitted to his Traverse Stat. 2 3. P. M. ch 8.5 Eliz. ch 13.18 Eliz. ch 10. The offences upon these Statutes are inquirable by Justices of the peace-in their Sessions and Stewards in Leets either of which have power to assess Fines at their discretions upon defaulters of which Fines indented Estreats in the Sessions under the hand and seal of the 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 Estreats to the Bayliff or High-Constable of the Liberty and the other part to the Constables and Churchwardens of the Parish where the offendors live Stat. 2 3 P. M. chap. 8. These Estreats shall be a sufficient Warrant for the Bayliff or chief Constable of the Liberty to levy the said Fines by way of distress and if no distress can be found or the party do not pay the fine within Twenty dayes after the lawful demand thereof he or they shall forfeit double so much All which Fines and Forseitures are to be employed towards the mending of the Highwayes in the Parish where the offences are committed Stat. 2 3 P. M. ch 8. The High-Constable or Bayliff shall between the First of March and Last of April yearly give an account to the Constables and Churchwardens who have the other part of the Estreats of the Fines of what Money they have received on pain of Forty shillings and the Constables and Churchwardens have power to call the High-Constable or Bayliff before two or more Justices of the peace one whereof to be of the Quorum to give up his Account who have power to commit him until he have satisfied all the Arrerages by him received save Eight pence in the Pound for his own Fee and Twelve pence in the Pound for the Clerk of the Peace or Steward of the Leet And the Contables and Churchwardens have the same power successively as their predecessors 14 Car. 2. ch 6. Every Survey or of the Highwayes shall within one Month after his Year is expired yield up to the INhabitants of the Parish Town or Hamlett at some publick meeting appointed by the inhabitants a perfect Account of all Moneys he hath received and paid within the Year by reason of his said Office and of whom what summ to whom he hath paid the same what Moneys are in Arrear for Fines Forfeitures Penalties c. and if any overplus be in his hands he shall render the same to the next Surveyor for the use of the Parish Town or Hamlett to be disbursed in and about the Highwayes the year following And if the Surveyor shall not make such an Account and payment then two Justices near the Parish upon complaint may examine the business upon Oath and upon default found in the Surveyor they may commit him to the Gaol of the County City c. there to remain until he have made a true Account and payment Stat. idem All Justices of Assize Oyer and Terminer and Justices of peace are impowred to hear and determine all matters concerning charitable Gifts for the amending and ekeping in repair any common HIgh-wayes Pavements Streets c. within their Commission and to make Orders for the due employment of such Gifts except the Gift be made to the use of any Colledge Hall Free-School or Hospital who have proper Visitors of thier own and to determine all offences and defects in Surveyors concerning the same and in ease any person be aggrieved by such Order he may Appeal to the Court of Chancery as in case of a Decree made upon the Statute of Charitable uses Stat. idem No travelling Wayn Wagon Cart or Carriage wherein any Goods Burthens or Wares shall be carried or drawn for hire other than such Carts and Carriages as are employed about Husbandry and managing of Lands and in carrying of Hay Straw Corn unthreshed Coal Chalk Timber for shipping materials for Building Stones of all sorts or such Ammunition or Artillery as shall be for His Majesties service shall at any one time travle be drawn or go in any publick or common Highway with above seven Beasts whereof six shall draw in pairs nor with above eight Oxen or six Oxen and two Horses nor shall at any time carry above 2000. weight between the First of October and the First of May except such paticulars as abovesaid nor above 3000. weight between the First of May and the First of October nor above five Quarters of Wheat Meal Mesline Rye Pease Beans Tares nor above eight Quarters of Barley Mault or Oats nor shall any Wagon Wayn or Carriage be employed for the said uses the Wheels whereof are less in breadth than four Inches in the Tyre upon pain every owner of such Wagon Wayn or Carriage Horse Beasts or Oxen shall for every of the said offences forfeit 40. Shillings to be divided into three equal parts one to the Surveyors of the High-wayes where any of the offences shall be committed towards the repairing of the highwayes of the Parish there the other part to the Overseers of the Poor of the Parish where the offence is committed for the relief of the poor there and one other part to him that shall discover and prosecute for the said offences These Penalties are to be levied by distress of all or any the Horses Beasts or Oxen and to be distributed as aforesaid by the Constables Surveyors of the Highwayes and Overseers of the Poor of the parish where the offence is committed and in case the Penalties be not payd within three dayes after distress then the same to be sold rendring the overplus the charges of keeping and selling first deducted Statutes for repairing particular Highwayes viz. Stat. 39 El. ch 19. For repairing the High-wayes in the Wild of Sussex Surrey Kent Stat. 37 H. 8. chap. 3. For Huntington-Lane near to Chester Stat. 14 H. 8. ch 6. 26 H. 8. ch 7. For laying out new Highwayes in the Wild of Kent and Sussex Stat. 1 M. par 2. ch 5. For the Cawsey between Dorchester and Sherborn Stat.
be equal with the Constable in all such things their office is all one in a manner and divers Statutes do appoint Offendors to be punished by the Constable or other inferior officers which much needs be the Tythingmen c. 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 Crompton 6.222 12 H. 7. f. 18. These Petty-Constables may do what they can to keep the Peace and Ex Officio they may cause such as in their presence are about to make an Affray to find Sureties to keep the peace and that as well before the affray as after 3 H. 4.9 10. If a man Assault another in the Constables presence or in his presence shall threaten to kill or beat another or shall be ready to break the peace the Constables or Tythingmen may in such cases commit the offendors to the Stocks or other safe custody and after carry them before a Justice of the peace or to Gaol until they find security for the Peace which Surety the Constables themselves may take to the use of the King Term Trin. 35 El. r. 1458. Karret versus Haumer The Plaintiff brought an Action of False imprisonment against the Defendant for arresting and imprisoning him c. the Defendant pleaded that he was High-Constable of the Hundred of c. in the Couuty of S. and that the Plaintiff made an assault in the said Hundred upon one H. W. who presently came to the Defendant and told him thereof and swore he was in fear of his life of the other whereupon the Defendant came to the Plaintiff and arrested and imprisoned him until he had found sufficient security for the peace to this the Plaintiff demurred and it was adjudged that the Defendants plea was insufficient 1. because he was not present at the Assault and Affray made 2. for that he was High-Constable of the Hundred and not Constable of the Town Anderson Chief Justice held in this case that Constables were conservators of the peace at the Common Law and still are so and that they ought to preserve the peace as much as in them lyeth but that was by parting them who he should see breaking of the peace and carrying them before a Justice to find sureties to keep the peace but not to take sureties himself and if the Constable could take sureties what surety should it be for he being no Officer of Record cannot take Recognizance nor Bayl. But Walmesley Owen and Beaumont three other Judges held that a Constable might take Sureties by an obligation according to the Book of 10 Edw. 4. and that the peace was so preserved by the Constables before Justices of peace were and that the Statute which ordained Justices did not take away the authority of the Constables Bacon Use of the Law 5 6. In antient time High-Constables of 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 ought 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 what he ought to do 3. Ability as well in Estate as in Body that so he may attend and execute his Office diligently and not neglect the same through want or impotency For such as are chosen out of the meaner sort are either ignorant what to do or stand in awe of the greater so that they dare not do what they ought 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 Custome 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. cap. 12. Two Justices of the peace may appoint and swear new Constables Headboroughs c. 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 CHAP. II. The duty of Constables and Headberoughs c. in Executing of Warrants directed to them from the Justices of the peace c. THe Constable or other sworn Officer to whom any Warrant shall be directed and delivered ought with all speed and secrecy to seek and find out the party and then to Execute his said Warrant Br. Faux impris 23. A known sworn Officer be he Sheriff Undersheriff Bayliff or Constable c. needs not to shew his Warrant to a man when he comes to serve it upon him though he demandeth it but if the Justice will direct his Warrant to his servant or to another who is no sworn Officer to serve it they must shew their Warrant to the party if he demand it or otherwise the party may make resistance and needs not to obey it Co. 6.54 9.68 A sworn and known Officer if he will not shew his Warrant yet he ought to declare to the party the Contents thereof upon serving it Co. 9.69 An Officer giveth sufficient notice what he is when he saith to the party I Arrest you in the Kings name c. and in such case the party at his peril ought to obey him though he knoweth him not to be an Officer and if he have no lawful Warrant the party grieved may have his Action of False imprisonment against him Dyer 244. Stat. 43. El. cap. 6. If a Constable or other officer do Arrest a man for the Peace or the like before he hath any Warrant and then afterwards doth procure a Warrant or a Warrant cometh after to him
and yet nevertheless the Officer will cause the party to find sureties by virtue of the Warrant the party may refuse to give it and if he be arrested or imprisoned for such refusal he may have his Action of False imprisonment against such Officer for the Supersedeas is a discharge of the former Warrant 13 H. 7.10 Dalt J. P. ch 75. f. 189. I. a Constable be informed that a man and woman be in 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 company with him and if he find them so he may carry them before a Justice of the peace to find Sureties for their good behaviour Fitz. Barr. 207. Cromp. 135. If any shall abuse a Constable in the execution of his office the Constable may have him bound to his good behaviour for it Dalt ch 3. f. 9. Any injurious force or violence used against the person of another his goods lands or other possessions whether it be by threatning words or furious gestures or force of the body or any other force used in Terrorem is said to be a breach of the Peace 6. Hedge-breakers Roblers of Orchards c. 43 Eliz. ch 7. Such as are convicted before a Justice of the peace for cutting and taking away of Corn 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 if they cannot give such satisfaction then the Justice may commit the offendors 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 then the Justice may commit such officer to the Gaol there to remain without Bayl until he procure the offendor to be whipped as aforesaid 15 Car. 2. ch 2. 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 cause to be apprehended such persons as they suspect for having carrying or conveying any burthen or bundles of any kind of Wood Underwood Poles or young Trees or Bark of any trees or Gates Stiles Posts Rayls Pales Hedge-wood Broom or Furze and any Constable or Headborough c. by warrant under the hand and seal of one Justice may enter into the houses out-houses yards gardens or other places belonging to the houses of such persons as they shall suspect c. and where they shall find any to apprehend the parties suspected for cutting the same and those in whose custody c. 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 c. by the consent of the Owner or shall not within the time the Justice shall appoint prove who he bought it of then such person shall be deemed convicted of the cutting and spoyling 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 offendor to the house of Correction 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 offendor is to be sent to the house of Correction for one Month and there held to hard labour and if he be convicted the third time then to be punished as an incorrigible Rogue Stat. ibid. If any person buy any burthens of Wood Underwood Sticks c. of any who may justly be suspected to have come by the same unlawfully upon complaint to a Justice Head-officer c. and if upon examination upon Oath it appears That the same were bought of such person as aforesaid the Justice may order the buyer to pay the treble value thereof to him from whom they were stollen and for non-payment the Justice may grant his Warrant to the Constable to levy the same by distress and sale of the offendors goods rendring to the owner the overplus and for want of such distress then to commit the party to the Gaol at his own charge there to remain one Month without bayl None is to be punished by this Statute that hath been punished for any former Law for the same offence and all offendors within this Statute must be prosecuted within six Weeks after the offence committed Setting-dogs Stat. 7. Jac. ch 11. Dalton J. P. ch 37. fol. 90. The Constable Tythingman or Headborough of any place upon a Warrant under the hands and seals of two or more Justices of the Peace hath power to search the Houses of any persons suspected to keep Setting-dogs or Nets for the taking of Pheasants or Partridges and the Dogs and Nets there found to take carry away detain kill destroy and cut in pieces Stat. idem Dalt ibid. But they cannot search the houses of any who have free Warren or any Lords of any Manor or such as have 40. Pounds per ann or more in Freehold or some Estate of Inheritance or 80. Pounds per annum for Life or be worth in personal Estate 400. Pounds These may keep Nets and Dogs to take Pheasants or Partridges in their own ground CHAP. VII The Constables office touching Clothiers Maultslers Alehouses Drunkenness Weights and Measures Purveyances High-ways 1. CLothiers 14 Car. 2. ch 5. Constables and other officers upon request are to ayd 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 Norwich They ought to be very vigilant in this business for there never was such slight and unserviceable Stuffs made as now are to the great damage of his Majesties subjects 14 Car. 2. ch 5. In the West-riding of the County of York the Constables are likewise by warrant from the Justices of the peace Masters and Wardens of the Corporation or any thirteen of them to levy such Fines Penalties and Forfeitures as shall grow due from any Clothier by virtue of the Statute abovesaid by distress and sale of the offendors goods rendring the overplus to the owner upon demand 4 E. 3. ch 1. Fitz. J. P. 103. Clothiers must pay their Spinners and other work-folks their Wages in ready Money and not in Wares and shall deliver their Wool in due weight on pain to forfeit Six pence for every default And the Carders Spinners Weavers and other work-folks are to do their work faithfully on pain to forfeit double damages
are to be maintained and the Officers which attend that service are to be rewarded at the discretion of the Inhabitants 8 H. 6. ch 5. 11 H. 7. ch 4. 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 upon request to them made are to Mark and Seal such Weights and Measures to any of the Kings subjects taking for the marking of every Bushel one Penny and none ought to sell with any other Weights and Measures but such as are marked or sealed 11 H. 7. ch 4. The Mayors and chief officers in Cities c. are once every year at least to view all Measures and Weights in their Jurisdictions and to break or burn such as they find defective and to punish the offendors for the first offence 6. Shillings eight pence for the second 13. Shillings four pence and for the third offence 20. Shillings and besides may adjudge the offendors to the Pillory Purveyance 13 Car. 2. ch 8. The Clerk or chief officer of the Kings Carriages shall three dayes before His Majesties arrival by warrant from the Green-cloth give notice in writing to two Justices of the peace adjoyning to the place where His Majesty is to come to provide such a number of Carts and Carriages as the said Offcer shall need for that work and to express the time and place where the said Carts and Carriages are to attend and then these Justices are to require the Countrey to provide the number of Carts and carriages of four able Horses or four Oxen and two Horses a piece at six pence a mile for every mile they go laden to be payd them in hand at the place of Lading and no Carriage to be enforced to travel above One dayes journey from the place where they receive their lading and if any refuse or shall not be ready at the time and place and having not good cause to the contrary the Justices upon proof thereof by two witnesses or the oath of the Constable or other officer may by their warrant cause to be levied by distress and sale of the offendors goods 40. Shillings 13 Car. 2. chap. 8. If any Justice of peace or officer take any gist to spare any person from making such Carriage or shall press more Carriages than is directed from the Green-cloth the offendor forfeits Ten pounds to be recovered by any person by Action of Debt in any Court of Record 12 Car. 2. ch 24.13 Car. 2. ch 8. No pre-emption shall be allowed to the King His heirs or successors nor to the Queen or any of the Children of the Royal Family in market or out of market but all subjects may dispose of their goods as they please And if any person shall make any Purveyance or impress any Carriages otherwise than is appointed by 13 Car. 2. ch 8. by order from the Green-cloth or other things by colour of any authority of Purveyance for the King c. contrary to the Act 12 Car. 2. ch 24. then two or one Justice of the peace next adjoyning and the Constable of the place where such offence is committed upon complaint of the party grieved may send the offendor to the Gaol until the next Sessions there to be indicted for the same And the party grieved may have his Action against the offendor and therein shall recover treble Damages and treble Costs 14 Car. 2. ch 20. Two or more Justices of the peace by Warrant from the Lord High-Admiral of England or two or more of the principal Officers or Commissioners of the Navy or the Master of his Majesties Ordnance or the Lieutenant of His Ordnance are to provide Carriages with horses and oxen out of the Countrey not being above twelve miles distant from the place of Lading the owners of which Carriages or their servants are to receive Twelve pence a Mile for every Load of Timber and Eight pence a Mile for every Tun of other commodities And such persons as neglect or refuse to make their appearance upon oath thereof made before the Justices by the Constable or two witnesses the person refusing or neglecting forfeits Twenty shillings to be levied by distress and sale of his Goods by warrant from the said Justices Mayor or other chief Officer or from the principal Officers or Commissioners of His Majesties Navy or Master or Lieutenant of His Majesties Ordnance rendring to the owner the overplus if any be first deducting the charge of Distreining Stat. ibid. No Horses c. or Land-carriage shall be forced to travel more dayes-journey from the place where they receive their lading nor be compelled to continue longer in the employment than the said Justices shall appoint and that ready money be paid to the parties in hand at the place of Lading according to the Rates aforesaid The Act of 14 Car. ch 20. 13. cap. 8. are to continue until the end of the first Session of the next Parliament High-wayes 14 Car. 2. ch 6. The Churchwardens Constables or Tythingmen of every parish are upon Monday or Tuesday in Easter-week after notice given publickly in the Church the Sunday before after Morning prayer ended with the advice and consent of the major part of the Parish then present to chuse two or more sufficient Inhabitants of the place to be Surveyors for the High-wayes for the Year following and give notice thereof to the parties chosen in writing under pain of Five pounds This Act is to continue until the end of the first Session of the next Parliament 2 3 P. M. ch 8. The Churchwardens and Constables c. offending herein may be punished by Fine or Amerciament at the Quarter-Sessions by the discretion of the Justices Stat. ibid. P. M. 5 Eliz. ch 13. The Constables and Churchwardens are then also to appoint six dayes between that and the four and twentieth day of June for the Amendment of the High-wayes and to give publick notice thereof in the Church the next Sunday after Stat. idem Stewards in Leets have power to inquire after the breach of this Statute about High-wayes and to set Fines upon such as make default at their discretion and shall within six weeks after Michaelmas deliver indented Estreats thereof under their hands and seals viz. one part to the Bayliff or High-Constable of the Liberty and the other to the Constable and Churchwardens where the default was made Stat. idem In default of presentment thereof in Leets the Justices of peace may inquire thereof in their Sessions and set such Fines as they or any two of them whereof one must be of the Quorum shall think fit whereof the Clerk of the peace shall deliver indented Estreats in manner as is aforesaid Stat. idem Dalton J. P. ch 76. fol. 71. These Estreats of Stewards of Leets or Clerk of the peace shall be a sufficient Warrant for the Bayliff or chief Constable to levy the
then where Five persons or more are so Assembled one or more Justices of the peace of the County limit or division c. or the Chief Magistrate of the place where the offence is committed are required upon proof to him or them made by Confession of the party or Oath of two Witnesses or by notorious evidence and circumstance of the fact to make a Record of every such offence And thereupon the said Justice c. shall impose upon every such offendor so convict a fine of Five shillings for such offence which Record to be certified to the next Quarter-Sessions of the peace 2. And if the said person so convicted shall again commit the like offence he shall for every such offence incurr the penalty of Ten shillings the said fines to be levied by distress and sale of the offendors goods and chattels and in case of poverty on the goods and chattels of any persons then convicted for the same offence at the same Conventicle at the discretion of the Justices c. so as the summ to be levied upon one in case of poverty of others exceed not Ten pounds upon occasion of one Meeting And every Constable Headborough Tythingman Churchwardens and Overseers of the poor are required to levy the same accordingly having first a Warrant and forthwith to deliver the said moneys to the Justices c. of which one Third to be to the King another Third to the Poor of the parish where the offence was committed and the other Third to the Informers and such persons as shall be diligent in the discovery dispersing and punishing of the said Conventicles 3. Every person that shall take upon him to Teach or Preach in any such Meeting c. and shall be convicted as aforesaid shall forfeit for the first offence Twenty pounds to be levied as aforesaid And if he be a stranger and his name and habitation not known or is fled and cannot be found or in the judgement of the Justices c. shall be thought unable to pay the same the said Justices c. are required to levy the same by warrant upon the goods and chattels of any person present at the same Conventicle the money so levied to be disposed as aforesaid and for the second offence shall incurr the penalty of Forty pounds to be levied and disposed as aforesaid 4. Every person that shall suffer any such Conventicle or Meeting c. to be held in his or her House Out-house Barn Yard or Backside and convicted thereof shall forfeit Twenty pounds to be levied as aforesaid and in case of his or her Poverty upon the goods of any convicted of being present at the same Conventicle 5. Provided no person shall pay above Ten pounds in any one Meeting in regard of the Poverty of any other 6. Any offendor aggrieved may within one week after the penalty paid or levied appeal in writing to the next Quarter-Sessions to whom the Justices c. that convicted the offendor are to return the money and certifie the evidence upon which the conviction past whereupon such offendor may plead and have his Tryal by a Jury And if such Appellant shall not be acquitted he shall pay treble Costs and no Court but the Quarter-Sessions shall meddle with Causes of Appeal upon this Act. 7. Upon the delivery of such Appeal the Appellant shall enter into a Recognizance to prosecute with effect or else the Appeal to be void 8. The Justice Justices of the peace c. or the Constables by warrant may with what ayd or force they shall think fit after refusal break open and enter into any house or place where such Conventicle shall be held and take into custody the persons there unlawfully Assembled and the Lieutenants Deputy-Lieutenants or any Commissioned Officer of the Militia or other His Majesties Forces with horse and foot and also the Sheriffs and other Magistrates and Ministers of Justice upon Certificate to them made of such unlawful meeting are required to repair to the place where they are so held and dissolve or prevent the same and take into their custody such persons so assembled as they shall think meet 9. The dwelling-house of a Peer where his Wife is resident shall not be searched but by immediate Warrant from the King or in the presence of the Lieutenant Deputy-Lieutenant or Two Justices of which one of the Quorum 10. If any Constable Headborough Tythingman Churchwarden or Overseer of the Poor shall know or be informed of any such Meetings or Conventicles within his precincts parish c. and shall not inform some Justice of peace or chief Magistrate but omit the performance of his duty in the execution of this Act and thereof be convicted shall forfeit Five pounds and every Justice of peace or chief Magistrate so offending shall forfeit an Hundred pounds the one moiety to the Informer 11. If any person be sued for putting this Act in execution otherwise than by Appeal as aforesaid he may plead the general Issue and upon a Nonsuit or Verdict past for him recover treble Costs 12. This Act and all clauses therein shall be construed most largely and beneficially for the suppressing of Conventicles and justification of all persons employed in the execution of this Act. 13. Provided every offence against this Act must be prosecuted within three Moneths and no person punished by this shall be punished by any other Law 14. Aldermen of London have the same power as Justices and lyable to the same penalties for neglect of their duties 15. A Feme-Covert offending and cohabiting with her Husband the penalties of Five and Ten shillings shall be levied upon the goods of the Husband 16. No Peer shall be attached or imprisoned by virtue or force of this Act. 17. This Act shall not invalidate His Majesties Supremacy in Ecclesiastical affairs CHAP. X. The Churchwardens Office THe antiquity of the Office of a Church-warden when first they received that title is very uncertain but so Ancient it is that some are of opinion that 87. 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 180. who is hitherto stiled the first Christian King of this Isle and that Dionysius in the year 267. did divide both in Rome and other places to Bishops their Diocesses and Parishes Churches and Churchyards to Priests Vicars and Curates but whether at that time or how long after Churchwardens were instituted is not certainly known But all Authors do agree that they are very antient Officers and Mr. Lambert saith in this Duty of Churchwardens pag. 46. That these Churchwardens of Parishes are at the Common Law taken in the manner of a Corporation 12 H. 7. ult that is to say Churchwardens at the Common Law are persons enabled by that name to take moveable goods or chattels and to sue or be sued at the Law concerning such goods for the use and profit of
prison there to remain till the said Forfeiture be paid But if a man marry a Grandmother that hath no Estate the Grandfather-in-Law is not chargeable but if she have an Estate caused without such Marriage or that comes after Marriage by descent or otherwise to her here he may be charged but he can be charged in no case longer than his Wife lives Bastard-children are not within this Law neither can the Justices do any thing herein against a man that lives out of their County Resol Judges 15. No Poor may beg but in their own Parish and there by License of the Overseers of the poor and they may not license them to beg in the High-wayes there 1 Jac. 7. No inhabitants may serve any Poor at their door but those of their own Parish that have License from the Overseers of the poor to Beg on pain of Ten shillings for every default Stat. 43 Eliz. 2. The Overseers to make provision for a poor man that wants a house but not for a common Herdsman or Shepherd with consent of the Lord of the Manor by writing under his hand and seal either by themselves or with a Sessions order may erect a Cottage upon any part of the Waste of the Manor and lodge inmates therein notwithstanding the Statute of 31 El. 7. but such Cottage must not be any otherwise employed Stat. 4.3 El. ch 2. All such persons married or unmarried having no means to maintain them use no ordinary and dayly Trade to get their living by and such persons 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 Gaol such as shall not employ themselves to work being appointed thereto by the Churchwardens and Overseers of the poor Stat. 3 Car. 1. ch 4. The Churchwardens and Overseers of the poor with the consent of two or more Justices of the peace one of the Quorum may set up and use any Trade Mystery or Occupation for the setting on Work and better relief of the Poor of the Parish Town or place where they are Overseers 14 Car. 2. chap. 12. If a stranger come into a Parish into any house under the yearly Rent of Ten pounds per annum the Overseers may require sufficient security of him for the discharge of the Parish and if he refuse they may complain to the Justices of the peace within forty dayes after the parties coming to the Parish and they may order him to give security or otherwise remove him Dalt J. P. chap. 40. fol. 94 95. The Overseers are to take and put out Apprentices such poor mens children as are brought up idly and loosely or such as are a burden and charge to their Parish and they must have regad to put them to such Masters as are of ability and honesty that shall not provoke their Apprentices to run away by hard usage nor suffer them to consume their time without learning their Trade And they are to put out their Children Apprentices while they are young and tractable so they be above seven years of age for else by reason of their idle and base bringing up they will hardly keep their service or employ themselves to work 7 Jac. ch 3. These Apprentices are to be chosen out of the poorest sort of Children whose parents are least able to maintain them and they must be above Seven and under Fifteen years of age when they are first bound 43 Eliz. chap. 2. Dalt ch 31. fol. 83. The Overseers are to have the consent of two Justices of the peace in the putting out of such Apprentices and they may bind the Man-child till 24. years of age and the Woman-child till 21. or till she be married which shall first happen And these Apprentices may be bound to Weavers Masons Dyers Fullers or any other Trade as well as to Husbandry or Houswifery Resol Judges 1633. Quest 1. The Apprentices may be put to any man whom the Overseers and Justices shall think fit within the same Parish or elsewhere in other Parishes within the same Hundred either with or without money But if the Child be young and the party to whom they place it not very able then they may give money if they please as the party and they can agree Resol Judges Q. 4. All men that have 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 summ of money for putting them Apprenprentices elsewhere and if they refuse to pay the summ imposed upon them two Justices of the peace may make their Warrant to leavy the same by distress and sale of the offendors goods Or the refuers to take Apprentices may be presented and indicted for the same upon the Statute of 43 Eliz. ch 2. Resol Judges Quest 2. 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 respect of his abilities or for other respects And where any diffeences are between the Officers and the man that is to receive an Apprentice about money and what money shall be given or otherwise the Justices thereabouts or in their defaults the Sessions must determine it Dalt J. P. ch 40 31. fo 96 78. If the parents of poor Children shall refuse to let their Children be put out Apprentices without good cause shewed 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. ch 31. fo 82. These Apprentices must be bound by Indenture and not by any verbal Agreement and the Indenture must be either between the Justices Churchwardens and Overseers or some of them and the Apprentice on the one part and him that takes the Apprentice on the other part And he must be named by the name of an Apprentice expresly or else he is no Apprentice though he be bound The form of an Indenture for a poor Child put out by the Parish THis Indenture made the 25th day of M. c. Witnesseth That R. H. and R. W. Overseers for the Poor in the Parish of H. in the County of S. and H.T. Church-warden of the same parish by and with the consent of A. H. Knight and Baronet and F. T. Esq two of His Majesties Justices of the peace of the same County have by these presents placed and bound J. G. being a poor fatherless child as an Apprentice with E. B. of H. aforesaid widow and as an Apprentice with her the said E. B.
to dwell from the day of the date of these presents until she the said J. G. shall come to the age of 21. years or be married which shall first happen according to the Statute in that case made and provided by and during all such time and term the said J. G. shall the said E. B. her Dame well and faithfully serve in all such lawful business as the said E. B. shall put her the said J. G. unto according to her power wit and ability and honestly and obediently in all things shall be have her self towards her said Dame and children and all the rest of the Family of the said E. B. And the said E. B. for her part promiseth covenanteth and agreeth That she the said E. B. the said J. G. in the Art and skill of Huswifry the best manner that she can or may shall teach and inform or cause to be taught and informed as much as thereunto belongeth and she the said E. B. knoweth And also during all the said term to find and allow unto her said Apprentice meat drink linen woollen hose shooes washing lodgeing and all other things fitting or meet for an Apprentice In witness whereof c. Stat. 1. Jac. ch 25. 21 Jac. chap. 28. This Binding is as effectual to all purpoposes 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 as Apprentices by their Masters Stat. 7 Jac. chap. 3. 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 Vicar with the Constables Churchwardens or Overseers of the Poor or the most part of them who shall employ the same accordingly on pain or forfeit 5. Marks each of th em so making default to be divided betwixt the Poor of the parish and the Prosecutor Stat. idem The party taking any money with such Apprentice shall give good security by Obligation to repay it again at the end of seven years next ensuing the date of the said Obligation or within three Months next after the end of the said seven Years and if such Apprentice shall dye within 7. years then within one Year after his or her death and if the Master Mistress or Dame happen to dye within 7. 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 Stat. idem 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 be Apprentices it shall then be employed in the Parishes next adjoyning by the parties that are trusted with it in the place where it was so given and there also Bond shall be taken Resol Judges If a Woman unmarried be hired weekly monethly half-yearly or yearly in one Parish and there be begotten with Child and then goeth into another Parish and there is setled in service or otherwise for two or three Months and then she is discovered to be with Child in this case she and her Child shall be setled in the Parish where she then is and must not be sent to the Parish from whence she came Resol Judges 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 setled in the place where it was born and not to remain with the Mother Stat. 43 Eliz. ch 2. These Officers or the greater part of them for performing their office may raise weekly or otherwise by Taxation of every Parson Vicar and other occupier of Land House or Tythes Coal-mines or saleable Underwoods within the Parish Town c. such a summ as they shall think fit And this Rate they must have allowed and confirmed undr the hands of two Justices one of the Quorum and by warrant from them or any two Justices they may levy the said Tax by distress and sale of the goods of the party refusing to pay rendring the overplus to the owners and in default of distress two such Justices may commit the party to prison there to remain without Bayl till he pay it These Rates ought to be well and truly made according to mens visible Estates real and personal within the place only and not for any Estate elsewhere These Rates must be set upon the Tenants and occupiers of Lands and not upon the Landlords living within or without the Parish for the Tenant only is chargeable for the Land Resol Judges The Parson having a full Tenth part of the profits of the place may be rated to a Tenth part The Rate or stock for 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 Pounds a year in Lands 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 seek for relief at the Quarter-Sessions CHAP. XII The office of the Surveyors of High-wayes and Bridges 14 CAR. 2. ch 6. The Churchwardens Constables or Tythingmen of every Parish Town or Hamlett for the time being are upon Monday or Tuesday in Easter-week with the advice of the major part of the Inhabitants to chuse two or more inhabitants of the Parish Town or Hamlett to be Surveyors of the High-wayes for the Year following and they are to give notice thereof in writing to the persons chosen next Sunday after and for default of such Choyce the Constables Churchwardens and inhabitants of every Parish Town or Hamlett shall forfeit and lose Five pounds After choyce made of these Surveyors and notice given them they are forthwith to take the Office upon them on pain to forfeit Twenty shillings 14 Car. 2. ch 6. 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 dayes work yearly except their Wayes be all well and sufficiently repaired thereby for if all their said Wayes be not sufficiently amened the whole Town may be indicted for it and if six dayes work in the year will not serve to amend them the Surveyors must appoint more dayes The owner of Lands if he be not the occupier thereof ought not to be charged towards the repair of the common Highwayes but the Tenant who occupies the Land is to be charged therewith Dalt J.P. ch 26. fol. 68. The Surveyors are to see that the parishioners do their work on the dayes appointed and that they observe these Rules viz. every person having in his own occupation a Plough-Land in Tillage or in Pasture in the same Parish or keeping there a Plough or Draught shall find
but only at the time or times before limited to appear before any Ecclesiastical Judge whatsoever for refusing at other times to present any faults committed in their Parishes and punishable by Ecclesiastical Laws neither shall they or any of them after their Presentments exhibited at any of those times be any farther troubled for the same Except it evidently appear that they did willingly and wittingly omit to present some publick crime or crimes as they knew to have been committed or could not be ignorant that there was then a publick fame of them or unless there be very just cause to call them to explain their former Presentments And in case of wilful omission their Ordinaries shall proceed against them in such sort as in causes of wilful Perjury in a Court Ecclesiastical it is already by Law provided Canon 113 118. One of the two times of Presentments is alwayes to be about a week or fortnight after Easter at which time also the old Churchwardens are to leave their office and new ones are to come in but the new ones are not to be Sworn till the old ones have given in their Presentments and every Parson or Vicar or their Curates in their absence are to joyn in the presentment with the Churchwardens c. 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 The summ of the Articles usually given to the Churchwardens to make their Presentments upon are these viz. 1. 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 Kings Arms set up Assessments made for the Repair of the Church and who refuses to pay If they have a Font Communion-Table Carpet Table-cloth 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 Grave-stones be safely kept from removing and breaking A Book of Parchment for Registring Christnings weddings and Burials c. 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 Out-houses be in good Repair and the Churchyard well fenced to keep out Swine c. 2. Whether the Parson Vicas or Curate read the Common Prayer at Morning and Evening Service wear his Surplice bid dayes Preach every Sunday or read an Homily Catechise observe the Fifth of November Thirtyeth of January Twentyty-ninth of May and Second of September and observe Perambulations or going the Bounds in Rogation-week preach sound Doctrine and vent no Sedition against the King or Government celebrate the Lords Supper three times every Year at least whereof at Easter for one Baptize Infants with Godfathers and Godmothers visit the Sick and pray with them Bury the dead according to the Book of Common Prayer Marry none clandestinely Preach in his Gown be a man of a sober and chast life a Peace-maker amongst his Neighbours and one that takes care to reduce Sectaries Recusants Separatists and Refractory Parsons to the obedience and doctrine of the Church and reads the book of Canons to the people at least once every Year and the 39. Articles Twice every year 3. Whether all their Parishioners of due age resort to the Church to Divine Service behave themselves reverently there kneel stand up and make Answer to the Rubrick of the Common Prayer book whether any work or sell wares on Sundayes or Holydays or whether Vintners Victualers Inn-keepers or others to receive any to drink in their houses in the time of Divine Service Whether any Marry within the Degrees forbidden or be Adulterers Swearers Blasphemers Drunkards If any above Sixteen years of age do not receive the Lords 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 License at unlawful hours 4. 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 School-Master Physitian Chirurgeon and Midwife if they have any Teach or Preach without License If the Churchwardens be duly chosen according to the Canon and Custom c. CHAP. XI The Office of the Overseers of the Poor ST at 43 Eliz. ch 2. 21 Jac. chap. 28. The Overseers of the Poor are to be chosen yearly and joyned with the Church-wardens 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 Housholders according to the greatness of the Parish to be joyned with the Church-wardens to look to the Poor of the Parish Stat. 43 Eliz. ch 2. The major part of these Officers without the rest may do any thing belonging to their office but they are to have the allowance and consent of two Justices of peace one of the Quorum to every thing they do about their office And these Officers or such of them as are not hindred by just excuse to be allowed by two Justices are to meet monthly in the Church on Sunday after Evening Prayer to consider of matters concerning their office and to use all possible diligence in their office on pain of Twenty shillings for every such default Dalt J. P. ch 40. so 98. The Parents that are able to work and may have work are to find their Children by their labour and not the Parish but if they be over-charged with Children the Overseers are to help them by putting out some of their Children Apprentices Stat. 43 Eliz. chap. 3. Resolu Judges 16 17. The Father Grandfather and the Children and Grandchildren of every poor impotent person not able to work being of sufficient ability shall relieve such poor persons in such manner as the Justices of the peace of that County where such sufficient person dwelleth at their general Quarter-Sessions shall Assess And if such party refuse to abide the Order they forfeit Twenty shillings for every Month to the Poor of the Parish which forfeiture is to be levied by the Church-wardens and Overseers or one of them by Warrant from two Justices one of the Quorum by distress and sale of the offendors goods and for want of Distress two such Justices may commit the offendor to