and make Process and Award Execution vide Statute 5 Eliz. 4. This Statute doth extend to Merchants as by a foregoing Clause in the same Act and therefore to all Traders and to all Places whatsoever within this Kingdom Whereas great Inconveniencies do happen for want of due Execution of the Laws that have been made against Rogues and Vagabonds and because Constables and Others may be at great Charge in Prosecuting the said Laws Therefore the said Constables and other Officers so out of Purse together with the Church-Wardens of any Parish have power to make a moderate Rate and Tax all Occupiers of Land and all other Inhabitants or Persons Chargeable and lawfully may Distrain for the same to reimburse themselves ut per Stat. 14 Car. II. Cap. 13. Observe how strictly all Persons are obliged to Contribute for and towards the Charge of putting these Statutes in Execution If a Constable or other Officer or Prosecutor carries a Rogue or Vagabond before a Justice of the Peace the said Justice is to Authorize him or them to receive 2 s. from the Officers of any other Parish thro' which the Offender last passed without Punishment and so for every Rogue ut per Stat. 14. Car. II. 12. By these Words If c. It 's also plain That a Constable or other Officer may Prosecute or Punish such Offenders without carrying them before a Justice and where the Offence is plain it is not reasonable to give the Justice so much trouble when the Law hath not enjoyn'd it nor can the Favour of a Justice Acquit the Constable from his Forfeiture if the Offender escapes unpunished The Manner of a TESTIMONIAL THIS may Certifie all whom it may Concern That A. B. P. being here found _____ hath been Whipped according to the Statute and is to be sent forward forthwith from Parish to Parish by the Officers of every the same the next way to _____ where he last _____ Given under our Hands and Seals this _____ Day of _____ 169 To be Signed by the Justice or Constable or Headburrough and Tithing-Man And also The Prosecutors Charge is to be paid out of the 20 s. Forfeiture of the Neglecting Officers ut per Stat. 14 Car. II. 12. As it is in the Power of the City of London by Vertue of their Charter to make for themselves Acts for the Re-inforcement of the Statute-Laws and to make any reasonable By-Laws * 8 Part Cook 's Rep. fol. 121. Case of London 7 Jac. I. 5 Part ditto fol. 64. Clark's Case fol. 64. 38 Eliz. Hubert's Rep. fol. 210. Norris against Staps at Newbury 14 Ja. 1. not contrary to the Statute-Laws for the better Regulation and Improvement of their Trade and Good Government so it is generally in the Power of all other Cities Burroughs and Towns Corporate throughout England and Wales if they Chose Good Magistrates to do the same by Vertue of their Charters London hath now done it by the Precedent Act of Common-Councel And what Occasion there is for others to follow their Example they Themselves Respectively are the best Judges especially whilst they see that the Law without Execution is but a dead Letter Therefore being Desired by several Corporations Companies and Traders in London and elsewhere we shall give some short Account of the Methods of Proceeding in and about London upon our former Statutes At a General Sessions of the Peace held by the Justices at Hicks's-Hall in the County of Middlesex was made the following Order Viz. WHEREAS this Court is Informed That great Numbers of Scotch and other Pedlers and Petty Chapmen do Wander Abroad up and down this City and County contrary to Law We do hereby Recommend it to the Respective Justices of the Peace of this County to take Effectual Care to put the Laws in Execution against the said Pedlers and Petty Chapmen And all the Constables and Tithing-Men in their Respective Precincts are required so often as they shall find any of the said Offenders immediately to Whip them in such manner as the Statutes of 39 Eliz. Cap. 4. and the 1 Jac. Cap. 7. Directs and in Default whereof the Penalties of the said Statutes are hereby Appointed to be Levied upon them The present Lord Mayor Recorder and other Justices within this City and the present Recorder and other Justices for Westminster Middlesex Surry Kent and Essex without the City have Issued out their Warrants strictly Commanding all Constables c. at their Perils from time to time and as often as they shall be thereunto Required and as often as they shall see or have Notice of any Pedlers Hawkers and Petty Chapmen Wandring about to Apprehend them and every of them to the end they may be Dealt with according to Law And accordingly several such Offenders have been both formerly and of late Whipped in and about London and divers other parts of this Kingdom also some of the greater and richer sort of them have been and now are Prosecuted at Law where they use Chargeable Shifts to Defend Themselves and their Party but if followed are generally Convicted to be Rogues and Vagabonds as by that Famous President Recorded in Roll 's Second Reports fol. 172. Viz. The King against Hollingsworth who Dwell'd at Branford and Wandered about to Sell Wares at Hackney and other places was upon a very notable Trial after many Evasions Convicted upon the Statute of 39 Eliz. Cap. 4. c. as by the said Reports doth at large appear Several Companies and Citizens met together divers times in February last and Considered and Agreed what Courses to take for Redress and in due time the following Petition was Prepared Viz. To the Right Honourable the Lord Mayor Aldermen and Commons in Common-Councel Assembled The Humble Petition of the Shop-keepers and Inhabitants of the City of London and the Liberties thereof Sheweth THAT whereas your Petitioners being Freemen of this City do bear Offices pay great Rents and Taxes and Cheerfully Assist in the Support of the Government on all Occasions and do generally Subsist by their Respective Trades and are content to abide in their own Stations and Exercise their said Trades in such manner as the Laws and Customs of this City doth permit yet so it is nevertheless That for want of due Execution of the several good Laws heretofore Provided for their Relief the Course whereof hath since been Obstructed by Reason of an Illegal Patent obtained from King James II. That therefore your Petitioners in most places within this City and the Liberties thereof are so Discouraged and Undermined and Abused in their Respective Trades by the Insolent and Unlawful Practices and daily Increase of Pedlers Hawkers and Petty Chapfolks such as Wander about from place to place and carry and proffer to Sale all kinds of such Goods and Wares as your Petitioners Deal in so that great part of the good Citizens and Settled Inhabitants of this City will not be able to pay their Rents Taxes and other Charges
be forthwith sent by a Testimonial from Parish to Parish by the Officer of every the same the next way to the Parish where he or she was Born or last Dwelt and for want of one of those Places being known then to the Parish thro' which he or she last passed without Punishment there to abide and behave him or her self as a good Subject ought to do And if the said Person do not accordingly then to be again taken and Whipped in every Place so often as Default shall be found in him or her contrary to the Form of this Statute The Minister shall Register the Substance of the Testimonial in a Parish-Book for that purpose upon pain to Forfeit Five Shillings for every Default 39 Eliz. 4. It is a Trader Wandring abroad who either hath no lawful and settled Habitation or else doth Wander from it to sell or expose any Wares to sale that makes or describes a Pedler or Petty-Chapman as appears by the Exception for Glass-Men who might then wander by Licence but that Clause being since repealed by 1 Jac. I. Cap. 7. Note therefore That now all Licences for Pedling or Hawking are against Law The Pedlers are either Horse or Foot greater or smaller the Law has made no Distinction between them but if they Wander Abroad or about from one place to another or are taken Wandring whether nearer their Habitations if they have any or further off from it they are Obnoxious alike And tho' they have for want of due Prosecution grown much bigger since this Law was made yet on Tryal they will find the Law still too big for them and it is as much the Duty of every Constable and other Officer to cause the Horse-Pedlers to be Whipped as the Foot-Pedlers or Petty-Chapmen for the greater the Pedler the greater the Offender and the more Mischief to the Publick And it is a vulgar Error That a Pedler may Travel about so far as he may return home at Night or that he may so Wander about because he is a House-keeper No every such Wandring Person must be taken up in any Place where he can be found Wandring by a Justice or by a Constable or by any other Officer as the Statute doth Direct with a Warrant or without a Warrant nay tho' there be neither Justice or Constable present If he appear to be such a Wanderer he must forthwith viz. On his Apprehension be Dealt with and Punished by the Headburrough or Tithing-Man and forwith pass'd away as the Statute doth direct If the Constable or other Officer cannot cause the Law to be Executed by Commanding some Inferiour Officer or other Person to do it he must do it himself and so as the Statute Directs or he incurs not only the Penalty of 10 s. by this Statute and 20 s. by 14 Car. II. Cap. 12. but breaks his Oath as a Constable Yet it was by this Act Provided That Glass-Men that Wandered by Licence from two Justices of the Peace were excepted and permitted to Travel But it was soon found thereupon That so many Notorious Rogues took upon them to Exercise the Trade of Glass-Men and did Wander and Travel about divers Countreys and commit many petty Fellonies for which Reason 1 Jac. I. Cap. 7. That Clause was Repealed And all Persons Wandring up and down to sell Glasses are again to be Adjudged and Taken as Rogues and Vagabonds and to be Punished accordingly as by the Act of 39 Eliz. Cap. 4. This Statute of 1 Jac. I. Cap. 7. most plainly shews the meaning of the other viz. Who are to be Deem'd and Punished as Rogues and Vagabonds and that by Pedlers and Petty-Chapmen are mean'd Traders and such as Carry and Wander about with Goods to sell and that those very Men without Distinction are to be Deemed and Punished as Rogues and Vagabonds otherwise how came the Glass-Men to be Concerned And if some of those Pedlers are so willful that they will not be reclaim'd from such a Disorderly course of Life let them see what follows in the next Paragraph besides some other very Severe Statutes not here mentioned Provided further That if any such Person shall appear to be Dangerous or such as will not be Reformed then it may be Lawful for any Two Justices of the Peace of that Limit one to be of the Quorum to Commit him to the House of Correction or the Goal of the County till the next Sessions where the Justices may Lawfully Banish him out of this Realm and if he returns back without Licence he is to suffer as a Felon 39 Eliz. 4. If in any Town Parish or Village the Constable Headburrough or Tithing-Man do neglect to do his or their Duty touching the Execution hereof he shall Forfeit and Lose 10 s. for every Omission and by 14 Car. II. Cap. 12. he shall Forfeit 20 s. And if any Person doth Lett or Disturb the Execution hereof he shall Forfeit 5 l. to the use of the City or Town to be Levied by the Justices Warrant and shall be bound to the good Behaviour 39 Eliz. Cap. 4. If you see a Pedler c. you are to stay him and call and send for a Constable or other Officer and if any of them Refuse or Neglect to come and do his Duty or if any Person doth lett or hinder them then on your Complaint to the Justice he will grant you his Warrant to Levy the Forfeiture by Distress on the Parties Goods which are to be Appraised and Sold and the Overplus all Charges Deducted is to be Restor'd to the Owner Provided always That if there be any Justice or Justices of the Peace for the said Cities Burroughs or Towns Corporate that no other Justice or Justices of the Peace shall intermeddle with the Execution of any Branch of this Act for any Offence or Matter arising within the Liberties of such Cities or Towns Corporate but the Justice or Justices for the same with the Mayor Bailifs and other Head-Officers may proceed within their Liberties to the Execution of this Act with as full Power as the Justices in any County may do within the same 39 Eliz. 4. And be it further Enacted by c. That hereafter c. It shall not be Lawful to any Person or Persons other than such as now do lawfully Use or Exercise any Art Mystery or Manual-Occupation to set Up Occupy Use or Exercise any Art Craft Mystery or Occupation now Used or Occupied within the Realm of England or Wales except he or she shall have been brought up therein an Apprentice for Sâ—ven Years at the least and that every Person Offending or doing the Contrary shall Forfeit and Lose for every Default 40 s. per Month half to the Queen and half to the Person that will Sue for the same in which no Protection Wager of Law or Essom shall be Allowed and the Mayor or other Head-Officers of Cities or Towns Corporate shall have full power to Hear and Determine the same
Incumbent and Themselves and their families will soon fall into inevitable Decay and Ruin if not timely prevented Therefore the Petitioners do humbly pray That now the Charter being Restored so the antient Customs and present Laws of this City and Kingdom may by an Act of Common-Councel be re-inforced and put in Execution against Pedlers Hawkers Petty Chapmen and all other Vnlawful Traders in such manner as in your Grave Wisdom may be thought most Effectual And Your Petitioners shall ever Pray c. Sign'd by about One Hundred very Eminent Citizens and Presented The Petition being Read a Committee of Four Aldermen and Eight Commoners were appointed to prepare and bring in a BILL pursuant to the Prayer of the Petition Which in due time was accordingly done and then Read the First and afterwards a Second Time and Committed to the said Committee with the Addition of more Aldermen and Commoners to the former who after very many Meetings and Deliberate Advice with divers Eminent Councel the said Committee gave in their Report to this Effect Viz. To the Right Honourable the Lord Mayor Aldermen and Commons in Common-Councel Assembled WE whose Names are here under-written have in Obedience to an Order of this Honourable Court made the 12th Day of April last Met several times and Considered the Petition of the Shop-keepers and Traders of this City for Suppressing of Pedlers Hawkers and Petty Chapmen which we find to be a very great Prejudice to most of the Traders of this City and tends very much to the Weakning and Impoverishing the same Therefore in pursuance of the said Order having Advis'd with and had the Opinions of divers Learned Councel we have well Considered the BILL hereunto Annexed for the more Effectual putting the Laws in Execution against all such Offenders which said BILL we humbly Present to this Court Desiring if it shall be thought fit that the same may be Passed into An Act of Common-Councel All which we humbly Submit to the Grave Wisdom of this Honourable Court. The Councel with whom the Committee did Advise touching the said BILL were principally these viz. They had first of all in some Essential Parts of the BILL the Opinion of Sir George Treby late Recorder of the City of London Attorney-General and now Lord Chief Justice of the Common-Pleas The present Attorney-General Ja. Ward Sir Bartholomew Shower Sir Salathiel Lovell the present Recorder Sir Francis Pemberton Mr. Common Sergeant and others of the City-Councel Then a Common-Councel being called the BILL and the Report being Presented and Read the Third Time in Court after some Amendments the same was Passed into an ACT. ☞ Several Corporations Companies and Traders in London and elsewhere have for the general Good of the Publick Authorized and Desired Richard Holt Citizen and Merchant of London and Company at his House in Bishopsgate-Street near Cornhill from time to time to procure Advice and all Assistance Lawful and Necessary for and towards putting the above-mentioned Laws in Execution and to Answer all Letters touching the same in whose hands there will be some Overplus of Money which is to be Employed to Reimburse and Defend all Officers and other Prosecutors of the said Laws in all Places where they have Subscribed towards the late general Charge thereof A LIST of the Pedler's Friends in London will be seen in due time LONDON Printed and are to be sold by Brab Aylmer at the Three Pidgeons in Cornhill over against the Exchange William Miller at the Achorn in St. Paul's Church-Yard and William Rogers at the Sun in Fleet-Street over against St. Dunstan's Church and by several other Booksellers 1693.