carve of land or a plow-land may contain house meadows pasture wood but so much as a plow by course of husbandry can plow in a yeare which is much more in some Countreys then in other which occasioneth many contentions and much prejudice to the service in the repair of the high-wayes by reason that since this statute most men strive to get much more land into their hands then in former times Co. Lit. fol. 69. and do mannage with one plow almost double that quantity of land they then held and many plow lands are so broken and divided that they are lost and yield no help to the maintenance of these wayes besides the dayly ingrossing of farms which decayeth the strength of the kingdome both in men and horse diminisheth the Kings subsidies the increase of corn and grain hindereth hospitality and the setting of poore men on work oppresseth others by the often revolution of offices and lastly the visible decay of the High-wayes in all places occasioned by the lessening the number of draughts and teams there being now scarce three parts of foure which were in former times and therefore it were to be wished that a certain proportionable quantity of land might by agreement be assigned in every town according to the temper and disposition of the soil what number of acres should be accounted a Plow-land by which means many questions and controversies dayly arising may be appeased the number of plow-lands in every Town encreased and consequently the high-waies in all places bettered and amended 12. Who are charged He that occupieth a plow-land in pasture c. and keepeth no cart or team and he that keepeth a team or cart and hath no land in occupation are both of them charged by the Statute to provide one wain or cart furnished c. and two able men with tools and instruments 13. Carriages Persons Instruments These supervisours are not onely to have respect to the number of the carriages and persons but to the quality and condition of them and that they be sufficient and meet for the service for now he that hath foure or five horses and maketh of them for his own occasions but one teem or draught for the service of the high-wayes divideth them into two whereby this service is weakly performed but it is the duty of these officers to see that the King and the Countrey be no worse served then themselves and he that for his own private affairs doth usually or for the most part of the year make two draughts shall also for the King and his Countreys service be charged with 2. carts or draughts though he occupie his land sometime with one plow So are they to have regard to the persons that are to work both where when what and how they shall work and where and how they shall load and bestow their materials and if any shall do otherwise then they shall be appointed by these officers they are liable to be presented by them Hired servant Where it saith that no hired servant by the yeare shall be charged to this service it is not intended that retainers to Noble men gentlemen parish clerks common townservants as Shepherds Heardmen Haywards and the like that are inhabitants and of able bodies should hereby be discharged 15. Sufficient labourer By this word Sufficient-labourer is meant men of able bodies c. not of women and children which are usually imployed in this service 16. Lastly Presentment whereas it is thought that if the Surveyers shall not present the defaults of the parishioners till after the moneth though the Justices do certifie it at the next Sessions it is not good against the offender yet if the Justice shall present the said default by his own authority the delinquent shall not escape unpunished by the penalty of the Surveyer Surveyer refuse And if any chosen to be Surveyers shall refuse or do not take upon him the execution of the said office every Justice of peace may present it but yet it is fit that another be chosen in his stead FINIS
felons be taken or known within forty daies after the robbery committed And the inhabitants of any other hundred wherein negligence or defect of pursuite and fresh suite shall happen shall answer and satisfie the one moity to the hundred so damnified And when huy and cry is first levied it ought to be sent to every town round about East West North and South and they shall do well to expresse in writing to the pursuers the quality of the thing stollen with the colour and marks and also to describe the number of the felons their horse apparel c. If a man be slain within the limits and bounds of any town in the day time and the murderer escape the whole town shall be amerced for the escape Upon any felony committed all men generally shall be ready at the commandment of the Sheriff All men must pursue felons c. and at the cry of the Countrey to pursue and arrest felons upon pain to be grievously fined And every man is a sufficient Bayliff or Officer to apprehend him that is pursued by huy and cry and if he be taken with the thing supposed to be stollen though he neither be of evil fame nor a stranger yet every man may commit as well such suspected person as also such goods to the Constable of the town where they be apprehended to answer the King according to the Law Note that these officers may break open any mans house to apprehend a felon Break into a house for felons or any person vehemently suspected of felony being in the said house and so may they do in any other case where the King is a party As watches in the night Ward so warding by the day shall be appointed in every town and village for the apprehending of rogues and vagabonds and for safety and good order And for that purpose that there be able persons appointed and sufficiently weaponed to assist the Constables of every town to attach such vagabonds c. And if any township shall not observe this order for the attaching and punishing of the said vagabonds then the Justices to set due punishment by fine upon the whole township or upon such party in the town as shall be found in default Note that every person whatsoever Rogues and Vagrants above the age of seven years that under any pretence or colour whatsoever shall wander and beg out of their own parish whether with passe or certificate or without and every one that carrieth any manner of passe or other certificate for that purpose without a guide shall be apprehended punished and conveyed as a rogue for the law alloweth no person whatsoever to wander and beg nor any to make passes to that end wherefore all pasports and certificates to ask relief in any kind are either false and counterfeit or otherwise contrary to the Law and the bearers of such passes are to be punished and conveyed as aforesaid and their false passes taken from them or else to be caried before the next Justice of peace to be sent to the gaol or to be strictly examined touching the makers of such passes to the end they may be found out and punished These persons hereafter named shall be deemed and punished as rogues viz. all persons wandring and misordering themselves all persons which cannot render a lawfull account of their travel all Irish people wandring and begging under any pretence whatsoever all persons calling themselves scholars going about begging all sea-faring men pretending losse of their ships or goods going about begging all idle persons going either about begging or feigning themselves to have knowledge in Physiognomy Palmestry or other like crafty science or pretending that they can tell destinies fortunes or such other phantasticall imaginations all persons calling themselvs Proctours Procurers Patent-gatherers or collectours of gaols prisons or hospitals all Fencers Bearwards common Players of interludes and Minstrels wandring abroad being not lawfully authorised all Juglers Tinkers Pedlers petty Chapmen and Glassemen wandring abroad all wandring persons and common labourers being of able bodies using loytering and refusing to work for such reasonable wages as is taxed or commonly given there where such persons do inhabit having not living otherwise to maintain themselves all persons delivered out of goals that beg for their fees or otherwise do travel begging all persons that shall wander abroad begging pretending losse by fire or otherwise and all persons not being felons wandring and pretending themselves to be Egyptians all persons wandring in that habite form or attire of Counterfeit Egyptians Souldiers and Mariners which have been pressed for their Countrey 's service Souldiers and Mariners and shall return from beyond the Seas disabled or otherwise and shall bring with them a lawfull discharge under the hand and seal of the generall of the Army or Captain of the ship under whom they served signifying their service and cause of return are by the next Justice of the peace to the place of their landing to have a passe or landing-brief made them wherein they are to be allowed a competent time to travell the next straight way to the place where they were born or from whence they were impressed there to be provided for according to the statute And in this their travel they are to repair to the Treasurers of every town and County through which they passe who is to allow them sufficient means to convey them to the next Treasurer untill they arrive at the place limited And if any souldier or mariner other then such as have suffered shipwrack whether he have a passe or no shall in his travel as aforesaid beg or demand relief of any person whatsoever officer or other the Treasurers excepted he is to be punished as a rogue unlesse through sicknesse or other apparant infirmity he be disabled to travel with his aforesaid allowance betwixt one Treasurer and another and in these cases to be releived onely by the Constable And if such a souldier or mariner shall depart from his colours or Captain without a lawfull discharge or shall counterfeit such testimoniall or shall carry any such knowing it to be false and counterfeit or shall wilfully exceed such testimonial fourteen dayes or shall not settle himself in some lawfull calling but live idly it is felony of death in all these cases and the Const knowing or suspecting the same ought to apprehend the offender c. And every Const may examine all souldiers mariners hereof as also of their return from the warres c. Persons allowed by two Justices of peace to travel to the Bath or Buxton for cure of their grief Persons travelling to the Bath and persons permitted by one Justice of the peace to seek harvest work are to be provided of sufficient maintenance in their said travel are not to beg upon pain to be punished as rogues The Constable being assisted by the advise of the Minister and one other of the parish Punishing of
compositions for purveyances and carriages for his Majestie and his houshold from which the Clergy are specially by the Statutes exempt I conceive they are not ratable in this respect If rates be made for his Majesties carriages Rates for carriages these officers as I think are not to put the same in their general account for town-charges for then the poore and such as are not liable thereunto and those that neither have lands nor means must bear a part and share therein which seemeth not reasonable besides by this course of hiring his Majestie is oft times deceived and the country much abused by the cart-takers and that this charge may the more equally be born such persons as have lands in occupation may be proportioned to some certaintie what number of acres shall be assigned for a carriage and so to take the same by course and for post-horses that none be charged by rate or of those that have no horses for avoyding the like abuse Books to enter rates And for this purpose these Officers shall do well to keep a book fairly writ how every person is charged to the end that no man be surcharged or out of course wherein also these and all other Officers of the town may write their rates which otherwise in loose papers are subject to be lost torn or abused which books may be delivered from Officer to Officer as they shall succeed Lastly for the help as well of the chief as the petty Constables in the execution of divers Statutes which are most usefull and ordinary in the discharge and practice of their said office and for avoyding of sundry penalties ordained for their neglect therein I have collected these few following and first of the chief Constables 5. Elis c. 4. High Constables Statute-Sessions High-Constables of Hundreds in all such Shires where pettie Sessions for servants and labourers otherwise called Statute-Sessions were used to be kept may yet still hold their said Sessions so that nothing be done in them repugnant to the said Statute The Constables of Hundreds and of Franchises ought to make presentment to the Justices of peace Defaults of vvatches and high-vvayes and to all other Justices thereto assigned of the defaults of watches and the defaults of the Kings high-wayes not enlarged so as no ditches underwoods or bushes be within two hundred foot on either side of the same and also of such as lodge strangers in uplandish towns for whom they will not answer Unlavvfull Arms. Stat. Northhampton 2. Ed. 3. cap. 3.7 Ric. 2 cap. 13. Every chief Constable may arrest any person that shall go or ride armed unlawfully or offensively by night or by day in affray or terrour of the Kings people and may seise and take away such armes Collections for souldiers and prisoners 43. Elis cap. 3. The chief Constable that hath received the moneys appointed for the relief of maimed Souldiers and Mariners and for the prisoners of the Kings bench and Marshalsey failing to pay the same at the next quarter Sessions following shall forfeit for every default fortie shillings 14. Elis cap. 5. 1. Jac. cap. 25. or in making such quarterly payment of such summes of money as are raised in every Parish for the relief of the Prisoners in the common goal and paid unto them by the Officers of such Towns shall forfeit five pound for every default 4. Ed. 4. cap. 1. Clothiers and their vvorkers Chief Constables of hundreds may heare and determine the complaints of workers to Clothiers and of Clothiers against their workfolks by examination of the parties and may commit to the goal such as refuse to pay the said workfolks 2. 3. Ph. Mar. cap. 8.5 Elis cap. 13.18 Elis cap. 10. Highvvayes By estreats indented from the Clerk of the peace or by Stewards of leets the Constables of the hundred may levy by distresse the forfeitures for defects in repairing of High wayes Popish Recusants 3. Jac. c. 4. The chief Constables of the Hundred in default of the Churchwardens and Constable of every parish shall once every year present the monethly absence from Church of all popish recusants within such parishes and the names of their servants and children being above nine years old c. at the generall quarter Sessions upon pain to forfeit twenty shillings and if by such presentment such recusant be indicted and convicted not being for the same offence formerly presented the presenter shall have forty shillings to be levied out of the recusants goods and estate by warrant under the hands and seals of most of the Justices there present Purveyers 2. 3. Ph. Mar. cap. 6. The name or mark of every high Constable or petty Constable c. shall be subscribed to the blanks expressed in the Kings Purveyer's Commission in which shall be fairly written all such beeves weathers c. with the prices of the same as shall be levied or purveyed c. and to whom any precept is directed or shall be privy to the delivery And such Purveyer c. shall make and deliver unto the said high Constable c. a docket or brief in writing subscribed with their names a particular of the things purveyed which dockets or briefs the said Constables c. shall deliver over to the Justices at their generall Sessions c. Petty Constables 23. H. 6. cap. 4. If any person shall without lawfull bargain take or purvey any thing of any of the Kings subjects to the use of any other then the King and his house and notice and request thereof be made to the Constable of the place to be aiding and assisting to the party wronged such officer ought under pain of twenty pound to arrest such taker and carry him before some Justice of peace to be sent to prison there to remain untill he answer the law Purveyers shall pay 20. H. 6. cap. 8. The Kings takers that make purveyance of any thing not exceeding forty shillings shall make ready payment in hand for the same otherwise the owner may retain the thing so taken and may resist and the Constable c. of the place being thereunto required ought to be aiding and assisting therein upon pain to yield to the party grieved the value of the thing taken and his double damage 2. 3. Ph. Mar. cap. 6. And if the thing taken be above forty shillings then dockets shall be delivered to the chief Constable or petty Constables by the purveyer under his hand who shall deliver them to the Justices at their next quarter Sessions 5. Ed. 3. cap. 1. 26 Ed. 3 c. 3. Purveyers The Kings takers shall make their purveyance by the very value of the thing taken and by the view of the Constable and by the apprisement under the oath of foure of the goodmen of the town where the taken shall be who are to be appointed by the Const
whether they sell their beere and ale according to the assize that is to say lawful measures sealed and allowed and not lesse then a full ale-quart of the best beere or ale for a penny and of the small two full ale quarts for a penny what haunters of Taverns Innes and Ale-houses are there within your liberties and what are their names c. Which of those Innes entertain people to sit tipling and drinking as Ale-houses who have been drunk or have sitten tipling in any one of them since the last monthly meeting and in what Tavern Inne or Ale-house hath the same happened and which of them hath kept ill orders by maintaining of play receiving of Tinkers Pedlers vagabonds or other suspected persons You shall inquire and certifie whether your Bakers and Brewers do keep the assize according to the Statutes 5 Bakers and Brevvers Bakers after the now prises viz. Wheat being forty shillings the quarter the weight of the penny white loaf drawn from the fine cocket eight ounces foure penny weight the weight of the penny white loaf drawn from the course cocket twelve ounces three quarters the weight of the penny houshold loaf according to the course cocket sixteen ounces And whether every Baker hath his own proper mark set upon his bread and doth sell no more then thirteen penny loafs to the dozen Whether common brewers do serve their beer and ale to any ale-house keepers victuallers or tiplers but at such prices as by the Justices of the peace shall be set down and appointed according to the Statute And whether the same be well sodden and brewed and of wholesome grain and with wholesome hops whether they sell any beer or ale to any unlicenced alehousekeepers or tiplers Forestallers Ingrossers Regraters what forestallers ingrossers and regraters of corn or other dead victuall or fuell what tradesmen or other that sell any kind of commodities by false and unlawfull weights or measures False vveights and measures or things made in deceit what victuallers or others are there which sell their victuall at excessive prices or things unwholesome and whether your millers do take excessive toll for grinding Millers or by heaped measure or use other falsehood You shall inquire and certifie what Bridges 6 Highwayes Bridges c. Causies and Highwayes are in decay within your limits and through whose default the same hath happened and whether your wayes are so repaired that they be sufficient for winter You shall present the names of all such persons as do not duly resort to divine service and sermon every Sunday according to the statutes 7 Absence from Church and certifie whether the twelve pence forfeited for absence be required and received and duly imployed upon the poore and of whom it hath been levyed and of whom neglected Profane svvearers and what profane swearers or cursers are in your parish You shall inquire and certifie what stocks of money are provided in every parish for the setting the poore on work 8 Stocks of money to set the poore on vvork and whether the same be sufficient to set all such on work as are of able bodies and want means to set themselves on work and how and by what means are they set on work and what are the names of all those that are so set on work and what and how much work have each of them had or hath wrought since the last meeting and what or how much do you give them for their work by the day or otherwise and who have refused to work or working have spoiled impaired or abused the same and whether they be so provided for that they be not suffered to straggle and beg within their own parish or elsewhere and whether your weekly or monthly taxation for the impotent poore be sufficient in every parish to relieve them Relieving of the impotent and what be the names of all those that have contribution since the last meeting what summe or summes of money hath been given to each of them and what poore peoples children are fit to be bound out apprentices Apprentices and who are fit to take them and what apprentices have been formerly put forth and have not been received and in whose default the same is or being received have misused them or have not sealed their indentures You shall inquire and certisie what private gifts have been given in every parish for the relief of the poore or other charitable uses 9 Private gifts and whether is the same continued and imployed according to the will of the donour if not how long hath the same been discontinued or misimployed and by whom and whether such gifts be any occasion of lessening the rates of the parish The first six of these articles properly are to be answered unto by the Constables the three latter by the Churchwardens and Overseers for the poore The Constables of every town Constables rates and the greater part of the parishioners upon notice given may assemble and make rates and may tax every inhabitant by their lands or goods in some cases for all manner of town or countrey-charges and if the greater part of the parishioners will not meet then the Constable alone and so many of the parish as will meet may make such rates and if any shall refuse to pay the rates so made and allowed by the Justices of that Division under their hands the party refusing by the Justices shall be bound over to the next generall Sessions of the peace there to be ordered and is not to be presented for his default to the said Sessions by the officers before the said Justices of the peace have heard the parties allegations Hovv raised Constables rates in countrey towns and villages are usually raised by land yet where the Statutes in particular cases give no speciall direction it is good discretion to go according to the rule of taxations for the poore What estates and persons are liable to them All estates and conditions as well Spirituall as Temporall are by some thought to be lyable to these taxations but then they distinguish them in this manner 43. Elis cap. 3.14 Elis cap. 5.1 Jac. cap. 25. The Constables rate say they consisteth of sundry particulars that is to say of quarterly payments for the relief of lame souldiers marshalsies and prisoners of the gaol All Ecclesiasticall persons are included in the generall vvords of the statutes person or persons the conveying of cripples wandering people and the like all which are acts of charitie expences in martiall affairs musters training and levying of souldiers and such like to which all persons whatsoever are chargeable by the law or the State without exemption 9. Hen. 3 cap. 21. 3. Ed. 1. cap. 1. 9. Ed. 2. cap. 11. 14. Ed. 3 cap. 1. 18. Ed. 3 cap. 4. 1. Ric. 2. cap. 3. but if the Constables will insert into their rates as some usually have done
persons who are to make the rates 2. The circumstances observable in the making of them 3. The persons and estates that are chargeable to them First the persons that are to make them are the Churchwardens and other the Overseers of the poore or the greater part of them with the consent of the Justices c. particularly appointed and assigned by the said statute to raise rates for the purpose aforesaid and doubtlesse warrantably may do the same without the assistance and allowance of the other parishioners yet for the avoiding of all exception these officers shall do well to give publick notice to all or so many of the said parishioners as will assemble to be present at the making of them 2. The circumstances to be observed in the making of rates these rules may be considered First that they be competent and proportionable competent in regard of the ability of the parish and of the occasion for which they are raised proportionable in regard of the persons and estates that are to contribute unto them Experience hath found it the best surest and most quiet way of rating of land by the quantity or content of acres and not by the yearly rent value or quality thereof to wit arable to be rated with arable pasture with pasture meadow with meadow in the same town having respect to the quality of the two last in rating them double with the arable or more or lesse according to the condition thereof Dwelling-houses are not to be rated which serve onely to sleep in and in Countrey towns and villages yield little or no rent at all but serve onely for helps and adjument for the better maintenance and disposing of lands belonging to them He that occupieth in his own hands lands lying in severall parishes is chargeable in every parish proportionably for his land there The farmer shall be rated for the land he occupieth and not the leasour or landlord A man shall not be rated for his farm-rents for that the farmer or occupier of the land is charged for the same land whether the rate be made by land or stock By goods in most cases a man may be rated as well as by land but seldome by both unlesse for the poore N. Resol 18. for which the land is to be taxed in the first place equally and indifferently with an addition for the visible ability of the party according to good discretion but the common custome is that he that hath both lands and goods is charged onely by the best of them In the same rate one man may be rated by his land and another by his goods Where a man is taxed by his goods it seemeth reasonable that such goods be rated after the valuation of lands to be purchased sc one hundred pounds in stock or goods after five or six pound a year in lands Where a man is charged by goods they must be such as the party charged is certainly known to have within that town at the time of the rate-making The third and last thing observable in the making of rates are the persons and estates that are liable unto them All manner of persons as well spirituall as temporall All perso and estate liable to these rates 43. Elis cap. 2. of what estate quality condition or degree they be of are hereby chargeable unlesse these officers as in good discretion they ought spare the poore labourer cottager and hired that have no considerable personall estate All estates lands and possessions whatsoever seem chargeable to these rates which yield a clear and certain profit †N. Resol 14. as well the not guildable as the guildable yea although the same be not annuall as †Old Resol 19. under-woods c. sheep-walks mills dove-houses c. are in like manner chargeable but herein consideration is to be had of the casualties charges and disprofits issuing out of them Parsonages or tithes are charged by the statute to contribute to these rates Parsonages hovv chargeable and where they have the full tenth of the annuall profits arising out of the parish there to pay the tenth and so proportionably as they receive profit in that respect paying also for their glebe-land ratably by the acre as other men pay for theirs If a parishioner Bringers in of forreiners c. shall bring into the parish without the consent of the parish a stranger of another parish which is or apparantly is like to be burdensome to the parish such person may be taxed to the charge of the rates for the poore there not onely having respect to his ability or land he occupieth but according to the damage or danger he bringeth to the parish by his folly Secondly in the levying of rates these things may be observed Levying of rates 1. Distr Saac 51. H. 3 28. Ed. 1. c. 12. What goods properly by the law are to be distrained 2. Where and how long a distresse may be kept and detained 3. How and in what manner the same shall be apprised and sold No man shall be distrained by his beasts which till his land nor by his sheep What goods are distrainable neither a Tradesman by his tools wherewith he getteth his living c. so long as any other sufficient distresse may be had except it be impounding of beasts which a man finds damage fesant according to the custome of the Realm Distresse shall be reasonable 51. H. 3. cap. 1 4.52 H. 3. c. 1.2 3.28 Ed. 1. c. 12. Distresses shall be reasonable according to the quantity of the debt or damage and not grievous and he that taketh unreasonable and excessive distresses shall be amerced No distresse shall be driven out of the County where it was taken Where distresse shall be impounded 51. Hen. 3. c. 52. Hen. 3. cap. 4.3 Ed. 1. cap. 16.9 Ed. 2. cap. 9. nor out of the hundred rape wapentake or lath except it be to a pound overt within the same shire being not above three miles distant from the place where it was taken 1. 2. Phil. Mar. cap. 12. none shall impound in severall places goods distreined for any cause at one time nor shall take above foure pence for the impounding of any one whole distresse nor shall distrein out of their fee or in the Kings high-way or common street but the Kings officers onely having speciall authority so to do nor in the fees of the Church nor shall take wrongfull distresse or without authority Distr Scac. 52. H. 3. The owner without disturbance or paying any thing therefore may give his beasts meat of his own while they remain in a pound overt If a distresse be taken of any houshold-stuff or the like that may take hurt in a pound overt these officers may keep and detain the same in their own hands till satisfaction made By the ancient law Distr Scac. 52 H. 3. How long distresse may be kept no cattel nor
to forbear to receive or keep any obstinately refusing to come to Church Of the 3. of King Ja. c. 4. Popish Rocusants of presenting the monethly absence from Church of Popish Recusants their penalty and reward The 23. Destruction of game Elis c. 10. and 1. Jac. c. 17. of levying the forfeitures to the use of the poore for destroying of the game of Phesants Partridge Prisoners c. The 3. of K. Jam. c. 10. of raising money for conveying prisoners to the gaol The Office and Duty of Surveyers for the amending of High-wayes Surveyers shall be chosen 2. 3. Phil. Mar. cap. 8.5 Elis cap. 13.29 Elis cap. 5. THe Constables and Churchwardens of every parish shall yearly upon the Tuesday or Wednesday in Easter week call together a number of the parishioners and then shall chuse two honest persons of the parish to be Surveyers for one year of the works for the amendment of the high-wayes in their parish leading to any market town and shall then also name and appoint six dayes for the amending of the said wayes before the feast of Saint John Baptist then next following and shall openly in the Church the next Sunday after Easter give knowledge of the same six dayes Six dayes shall be appointed and upon the said dayes the parishioners shall endeavour themselves to the amendment of the said wayes upon pain of such reasonable fines and amercements as shall be thought meet by the Steward of the Leet Penalty for omitting it or in his default by the Justices at their quarter Sessions They shall take upon them the execution of their said office upon pain of every of them making default to forfeit twenty shillings Forfeiture for not executing Their office And the said persons so named have authority hereby to order and direct the persons and carriages that shall be appointed for these works by their discretion Every person for every plow-land in tillage or pasture that he or she shall occupy in the same parish Parishioners hovv charged and every other person keeping there a draught or plow shall find and send at every day and place to be appointed for the amending of the wayes in that parish one wain or cart furnished after the custome of the Countrey with oxen horses or other cattel and all other necessaries meet to carry things convenient for that purpose and also two able men with the same upon pain of every draught making default ten shillings And every other householder cottager or labourer of that parish having no plow or draught able to labour and being no hired servant by the yeare shall by themselves or one sufficient labourer for every of them upon every of the said six dayes work and travel in the amendment of the said High-wayes upon pain of every person making default to forfeit for every day twelve pence Charge of persons taxed in the subsidy at five pound in goods 18. Elis cap. 10. Every person except such as dwell in the City of London that shall be assessed to the payment of any subsidie to his Majesty to five pound goods or fourty shillings in lands or above during the time he shall stand so assessed and not altered and being none of the parties chargeable for the amendment of high-wayes by any former law but as a cottager shall find two able men yearly to labour in the high-wayes at such dayes and time as by the severall statutes are appointed A plow-land in severall Parishes Every person that shall occupie a plow-land in tillage or pasture lying in severall parishes shall be chargeable to the making and mending of the High-wayes within the parish onely where he dwelleth Severall plow-lands in severall Parishes And every person occupying severall plow-lands in severall parishes shall be charged to find one cart c. furnished in each town or parish where the said plow-land doth lye 2. 3. Phil. Mar. cap. 8.18 Elis cap. 10. Instruments to work Every person carriage abovesaid shall have and bring with thē such shovels spades picks mattocks and other tools and instruments as are fit and necessarie for the said work and shall perform do and keep their work as they shall be appointed by the said supervisours What houres they shall vvork or one of them 29. Elis cap. 5. eight houres of every of the said six dayes unlesse they shall be otherwise licenced by the said supervisours or by one of them Tvvo able men in stead of carriages If the carriages of the parish or any of them shall not be thought needfull by the supervisours to be occupied upon any of the said dayes then every person that should have sent any such carriage shall send to the said work for every carriage so spared two able men to labour for that day upon pain to loose for every man not so sent twelve pence Every supervisour c. for the amendment of the said high-wayes according to the Statute within the parish where he is supervisour may 5. Elis cap. 13. take and carry away so much of the rubbish or smallest broken stones of any quarry lying within the parish Rubbish in quarries where they shall be supervisours without licence or impeachment of the owner as by their discretion shall be deemed necessary for the amendment of the said wayes And for default of such quarry or rubbish every such supervisour for the use aforesaid in the severall grounds of any person within the parish and limits where they shall be supervisours nigh adjoyning to the high-way to be repaired and wherein gravel sand or cinder is likely to be found may dig or cause to be digged for gravel Dig gravel sand or cinders Gather stones sand or cinder and likewise to gather stones lying in any ground or lands within the parish and meet to be used to such purpose and to take and carry away so much thereof as by the discretion of the supervisours shall be thought necessary to be imployed in the amendment of the said wayes Not dig in quarries c. But it is not lawfull for them to cause any rubbish to be digged out of any quarry but onely shall extend to such rubbish as shall be found there ready digged c. 5. Elis cap. 13. nor to dig or cause to be digged any gravel sand or cinder in the house garden orchard or meddow of any person May dig in severall grounds nor above one only pit to be digged for gravel in any severall and inclosed ground and the same not to be in breadth or length above ten yards over at the most And the supervisors Fill up the pit which shall cause such pit to be digged for gravel sand or cinder shall within one moneth next after such digging or pit made cause the same to be filled and stopt up with earth at the cost and charges of the parishioners
upon pain to forfeit to the owner of the soil wherein such pit is made 5 marks to be recovered by action of debt 5. Elis cap. 13. Turn a water course It is lawfull for every such supervisor in the parish where he is supervisour to turn any water-course or spring of water being in any high-way and offensive to the same into any ditch of the severall ground or soil of any person next adjoyning to the said wayes in such māner as in the discretion of the said supervisours shall be thought meet The hayes 18. Elis cap. 10. fences ditches and hedges next adjoyning on either side to any high or common-faring way shall from time to time be diked scoured Ditches to be scoured and hedges and Trees kept low repaired and kept low 18. Elis cap. 10. and all trees and bushes growing in the high-wayes cut down by the owner of the ground or soil which shall be inclosed with the said hayes fences ditches or hedges whereby the said wayes may be open and the people have more ready and easie passage in the same upon pain to forfeit for every default ten shillings High-wayes inlarged 13. Ed. cap. 1. And by the Statute of Winchester it was inacted that the high-wayes leading from one market town to another be inlarged whereas bushes woods or ditches be so that there be neither ditch nor bush whereby a man may lurk to do hurt within two hundred foot on each side of the high-way If by default of the Lord that will not avoid the ditch underwood or bushes in the manner aforesaid any robbery be done therein the Lord shall be answerable for the felony and if murder be done the Lord shall make a fine at the Kings pleasure If the Lord be not able to fell the underwoods the Countie shall aid him therein 15. Elis cap. 10. Ditching and scouring Every person that shall occupy any lands adjoyning to any such high-way or common faring-way where any ditching or scouring should or ought to be as aforesaid shall from time to time as need shall require ditch and scoure his ground so adjoyning whereby the water conveyed from the said high-wayes and over the ground next adjoyning may have passage over the said ground so next adjoyning to that ground upon pain of forfeiture for every time so offending for every rod not so ditched and scoured twelve pence No soil to be cast in the high-wayes No person having any ground by lease or otherwise adjoyning to any high-way leading to any market town shall cast or scour any ditch and lay the soil thereof in the high-way and suffer it to lie by the space of six moneths to the annoyance of the said high-way upon pain to forfeit for every load of soil so cast into the high-way twelve pence And where any soil hath been cast into the high-way that there is a bank between the said high-way and the ditch the surveyers and workmen may make sluces or other devices 18. Elis cap. 10. by their discretions to convey the water out of the said way into the ditch 5. Elis cap. 13. Supervisours to present Every surveyer as aforesaid for the time being within one moneth next any default or offence committed or done by any person contrary to the provision and true meaning of the Statutes 2. 3. Ph. Mar. 5. Elis shall present every such default or offence to the next Justice of peace upon pain to forfeit for every such offence in such sort not by them presented fourtie shillings 5. Elis cap. 13. Justices to certifie And every Justice of peace not certifying such default presented unto him at the next generall Sessions c. shall forfeit five pound And every Justice of peace upon his own proper knowledge in the open generall Sessions Justices may present may make presentment of any high-way not well and sufficiently repaired or of any other default or offence committed or done as aforesaid contrary to the intent of the Statute Who may heare and determine 2. 3. Ph. Mar. cap. 8. And the Justices of every Countie where the said defaults or offences shall be committed have authoritie to inquire thereof within the limits of their commission at every their said quarter Sessions 5. Elis cap. 13. and to assesse such fines for the same as they or two of them whereof one to be of the quorum shall think meet Justices of Assise Justices of Assise Justices of peace 18. Elis cap. 10. and of oyer and terminer Justices of peace in their Sessions and Stewards of Leets and Law-dayes in their Leets and Law-dayes shall heare and determine all offences concerning this Statute Stewards of Leets c. Steward of Leets and in their default the Justices of peace of every place and countie in their quarter Sessions may enquire against every point and article of this Statute and may assesse such reasonable fines and amercements for the same as shall be by them thought meet And the said Steward or Clerk of the peace respectively shall make estreats indented of all the fines and forfeitures c. Estreats of the fines and shall deliver one part thereof sealed and signed to the Bayliff or High-constable of the hundred c. within six weeks after Michael masse 18. Elis cap. 10.5 Elis c. 13. whereby they or the Surveyers of the high-wayes they being directed to them may levie the same by distresse and sale c. If no sufficient distresse can be found or if the said offender shall obstinately refuse to pay the said amercement Refusing to pay 2. 3. Phil Mar. cap. 8. 5. Elis cap. 13. or do not pay the same within twentie dayes after a lawfull demand thereof by the said officers then that person to forfeit double the summe that he should before have paid Every Bailiff Account and pay head-Constable c. shall once every yeare betwixt the first of March and the last of April make a true account and payment of all such summes of money to the Constables and Churchwardens of every parish wherein the offence was committed or to two of them as is collected upon the said estreats upon pain to forfeit for every offence forty shillings The Churchwardens c. may call the Bailiffs High-Constables to account before the Justices of peace or two of them who shall take the said account and may commit them to prison without bail untill they pay all such arrerages as shall be adjudged by the said Justices The said Bailiffs and High-constables upon their accounts shall be allowed for every pound they shall collect and pay eight pence for their own pains The successours of every Churchwarden shall have the like remedy against their successours as is before appointed against the Bailiffs c. All fines 5. Elis cap. 13. amercements and forfeitures Fines and forfeitures how they