duty of these Collectors to see them indicted before the Justices that so they may be fined for without indictment they cannot be fined Stat. 14 Eliz. 5. CHAP. V. Of the Governor of the House of Correction for the County and his Office THe Governor or Master of the What he is and how he is chosen House of Correction is an Officer appointed by the Justices of Peace to have Oversight and Government of the House of Correction and of persons committed to the same For such Houses are to be and are provided and maintained with Mills Turns Cards and such like necessary implements in every County for the Keeping Correcting and Setting to work of Rogues Vagabonds Sturdy Beggers and other idle and disorderly persons And the Justices of the Peace or the greater part of them at the Quarter-Sessions are to choose and appoint one or more sufficient and honest persons to be Governors or Masters of the said House and to take sufficient security from the said Governors for the continuance and performance of the said Service and to set down what allowance they shall have yeerly for their pains which they may charge upon the County and for the relief of such as shall happen to be weak and sick in their Custody and for the Stock to set on work such persons as shall be committed thither and to set down other Orders touching the same according to their discretion And this Money so allowed they shall have according to the appointment of the Justices of Peace as aforesaid to be paid quarterly before-hand by the Treasurer of the County for the relief of the prisoners in the Kings-Bench and Marshalsey And if the Treasurer refuse or neglect to pay it thus the Master of the House of Correction may levy the same or so much thereof as shall be unpaid upon the Treasurers accompt by distresse and sale of his Goods rendring unto him the overplus of the Money 39 Eliz. 4. 7 Jac. 4. The Office and Duty of this Officer is in these things First To look well to the same House and His Office and Duty the backside thereof and all the Implements and Goods he doth finde there he is also to look to all the persons he doth finde there or that shall be afterwards committed to him Secondly To receive such Rogues Vagabonds Idle or Disorderly Persons as by any of the Justices of Peace shall be sent thither Thirdly To keep safely all such as are committed to him and not to suffer them to wander about the Countrey or to escape away without Order of the Justices Fourthly To see and take care that amongst the persons committed to his charge if there be any sick or otherwise impotent c. that have need of relief That he doe relieve them according to their necessity Fifthly To see and take care as for the rest that are able to work that he doe from time to time as they shall remain there set them to work and labor for during that time they must in no sort be chargeable to the Countrey for any allowance either at their coming in or going forth or abode there for they are to have such and so much allowance only as they shall deserve by their own labor and work Sixthly To punish them as he seeth cause with putting on Fetters or Gives upon them and by a moderate whipping of them Seventhly and lastly At every Quarter-Sessions to give an account of all such persons as have been committed to his custody And if they shall offend in any of these particulars or any other incident to the duty of their Office the Justices of the Peace may impose such Fines and Penalties upon them for the same as they shall think fit And these fines must be paid unto and accounted for by the Treasurer of the County for the Kings-Bench and Marshalsey CHAP. VI. Of the Keeper of the Gaole of the County and his Office THe Gaoler or Keeper of Gaoler what a Prison is one that hath the Custody of the place and Prison wherein Prisoners are kept and of these there are as many as there be Gaoles and Prisons As to the Power and Office of these Officers His Power and Office these things are to be known 1. They are to receive such Prisoners as are duly sent or offered to them and all that are sent by a Justice of peace Warrant they must receive If any Officer arrest a man upon suspition of Felony and carry him to the Gaoler he must receive him without a Justice Warrant and if any man that is no Officer take a Fellon doing the Fellony and bring him to the Gaoler it seemes also that in this case he is to receive him also 2. His duty and charge is to look well to the Prisoners that are in his custody for if he suffer any of them to escape he will be punished for it If they be Prisoners for debt and he let them escape voluntarily or negligently he must pay to the Creditor his debt If they be in for Fllony and the Keeper suffer them willfully to escape he is a Fellon if negligently he is finable and so he is for the escapes of lesser Offenders 3. It hath been held by some Judges therefore that a Gaoler may justifie the putting of Bolts upon the Legs of any Prisoners committed to him 4. Keepers they are to see that their Prisoners have necessary provision 5. For this the Law doth give an action of debt to the Gaoler against his Prisoner nor can the Prisoner in this action be suffered to wage his law 6. They are to take care that such Prisoners as are in their custody in execution for debt be kept in strait custody and have not too much liberty for by this means they will be forced the sooner to pay their debts 7. They may not compell or procure their Prisoners to become approveres that is accusers of others for this is Fellony 8. If a Prisoner of debt get away from a Gaoler against his will he may follow him and take him again and bring him to and put him in the Gaole again And so he may any Prisoner that is in for any Crime or offence But if a Keeper doe voluntarily deliver a Prisoner of debt there he cannot retake him put him in Prison again for he is discharged of his imprisonment and the Gaoler must satisfie the debt Coo. 9. 87. Dier 249. Stat. 1 Ed. 3. Stat 1 7 5 Ed. 3. 14 Ed 3. Stat. 1 10. Br. Faux Impr. 24. 27. CHAP. VII Of Constables Tithing-men and the like Officers and their Office SECT 1. What they are and how many sorts of them there are TO omit to shew the Etymologie Statute of Wixchester 1. Lāb of the Duty of Constables Finches Law 306. Sir Tho. Smith de Repub l. 2. cap. 25. 12 H. 7. 18. and diverse acceptance of the word Constable the Antiquity and Originall of the Office of the Constable we are
Taxation for the Poor or in default thereof by petty-Constables and Church-Wardens of the Parish or the more part of them or in default of their agreement by the order of the Justice or Justices of the Peace living within the Parish or if there be none living in the parts next adjoyning And if the parties rated refuse to pay the rate the Constables and Church-Wardens and every of them or in their defaults the said Justice or Justices of Peace may levy it by distress and sale of the Goods of the partie rendering to him the over-plus And this monie the Church-Wardens and Constables must collect and pay to the high-Constable of the Division ten dayes before every Quarter-Sessions And the high-Constable also at the same Sessions must pay over the same monies again to any one or two of the Justices of Peace or to the Treasurer or Treasures of the said collection under pain of fourty shillings to be forfeited by the high-Constable for every default and under pain of twenty shillings to be forfeited by the pety-Constable for every default of his the same monie to be recovered by the said Treasurer by sale of the Offendors Goods as aforesaid and to be imployed by him to the use of the Poor maimed Souldiers and Mariners They are to make a Quarterly-payment of all such summes of monie as are raised in every Rates for the Prisoners in the Gaole Parish and paid to them by the Church-Wardens of the Parishes for the relief of the poor prisoners in the common Gaole under pain Numb 5 of five pounds And this monie the Constables 14 Eliz. 5. 2 Jac. 25. in some places doe pay to the high-Constable They are to be aiding and assisting to the Rates for the amending of Bridges 22 H. 8. 5. four Justices of Peace appointed and authorized for the making of Taxes for the reparation of Bridges according to the Statute of 22 H. 8. For these Justices are to make the Taxation by Numb 6 the assent of the Constables or of two of the most honest Inhabitants of the Parish The Justices of the Peace at the Quarter-Sessions Rates for the house of Correction 39 Eliz. 4. may Tax the County towards the erection and maintenance of houses of Correction And all these Officers must doe their uttermost to put the same Statutes in execution Numb 7 These Officers must levy such monies as Rates for persons having the Plague 1 Jac. 31. they are commanded by Warrant of Justices of Peace having taxed the same for the relief of the Poor infected with the Plague under pain to forfeit twenty shillings for every Numb 8 default to the use of the persons infected SECT 9. Of the Office of High Constables and Petit-Constables about Inn-keepers Ale-houses Drunkards Tiplers c. 1. IF an Inne-keeper c. refuse to receive a Traveller when his house is not full and having no good reason for it this Officer may compell the Inne-keeper to receive him But how he may compel him is doubted For it seems all he can doe is to cause him to be indicted at the Sessions or to be suppressed for it 2. If any person without lawfull licence take upon him except it be at Fair times only to keep a common Ale-house or Tipling-house or use commonly selling of Ale Beer Cider or Perry he shall forfeit for every such offence twenty shillings to the use of the Poor of the place the offence being viewed by one Justice of Peace or confessed by the party or proved by one witness before him And this forfeiture may be or is to be levyed by the Constable or Church-Wardens of the place by Warrant from a Justice of Peace c. And they by vertue of such a Warrant may and must by distress take into their hands so much of the offendors Goods to pay the same And if he pay not the monie within three dayes after the distress taken they must apprise and sell the same Goods and keep up the same monie and if there be any over-plus they must render the same to the partie And if the partie shall not have Goods c. or shall not pay the same within six dayes after conviction then the Justices of Peace c. may commit the offendor to any of these Officers to be openly whipped according to the discretion of the Justices of Peace The which these Officers being charged herewith must see they carefully doe for otherwise they may be committed to Gaole by the same Justice of Peace there to abide without Bayle or Mainprise until they doe procure the same offendor to be whipped according to the Warrant of the Justice of Peace or untill they pay fourty shillings unto the use of the Poor of the Parish 3. If any person lycenced shall utter or sell less than one full Ale-quart of the best Beer or Ale for one penny and of the small two quarts for one penny the same being proved by one witness before one Justice of Peace shall forfeit twenty shillings And if any person whatsoever Townsman or Stranger shall be and abide tipling in any such house the same being proved by one witness or the parties own confession before one Justice of Peace In this Case and for this offence the Inne-keeper c. owner of the house for suffering this in his house doth forfeit ten shillings for every such offence And the party that doth so tipple doth forfeit for every such offence three shillings four pence and these summes are to be levyed by the Constables and Church-wardens of the place where the offence is done by distress and sale of the offendors Goods upon Warrant from one Justice of Peace And if the Inne-keeper c. have no Goods to be distrained he may be by the Justice of Peace committed to the Gaole there to be kept until he pay the monie And if the Tipler be not able to pay his forfeiture he is by Warrant from a Justice of Peace to be made to sit in the Stocks four houres And all these summes are to goe to the use of the Poor of the Parish where the offence is committed And in cases of forfeiture by Inne-keepers c. for selling by unlawfull Measures or for suffering Tiplers in their houses if the Constables or Church-Wardens shall neglect to levy or shall not levy the said several forfeitures or in default of distress shall neglect by the space of twenty dayes to certifie the same defaults of distress to the Justices of Peace then every such Church-warden or Constable shall forfeit for every such default fourty shillings to the use of the poor of the same place to be levyed by Warrant from the Justices of Peace to some indifferent men And for want of distress the same Constables and Church-wardens may be by any Justice of Peace committed to the common Gaole there to abide untill they pay the forfeiture And for all these monies so recovered by the Church-wardens or Constables they
he onely and not the Land-lord shall be rated and the Tenant is to be rated for the whole value of the Land and therefore the Land-lord is not to be rated again for the Rent he doth receive out of the Land for then the Land would be twice rated And in this case there is a Parishioner and Inhabitant chargable And Receipt of Rent out of a Parish for Land within the Parish by a man that lives in another Parish will not make him a Parishioner But if he have Land in the Parish in his own occupation there he may be rated with this difference he may be rated towards the repire of the Church only For as to the repaire of the Seats of the Church providing of Church Ornaments Sextons wages and the like he shall not be charged therewith Browal 2. part 10. And yet in case where the Land-lord and Tenant both live within the Parish where the Rate is made there the Raters may set the Rate upon which of them they please yet so as they be not both rated for the same thing but a man that doth neither dwell within the Parish nor hath any Land within the Parish cannot be rated at all towards the Church Payments And therefore if a Butcher come thither it being a Market Town to sell Meat and have a fixed Stall there this will not make him a Parishioner nor chargeable to the Church 7. After the Rate is thus made by the Numb 7 Church-wardens and Over-seers of the poor it must be put in writing and the Hands of the Church-wardens and Over-seers of the poor and of the Parishioners that are agreeing to it it will be good to have annexed to it But this is not necessary for a Rate may be good without any Hands subscribed if it be duely made 8. the Rate thus made by them must be confirmed by the two next Justices of Peace 9. If any one refuse to pay them being thus made upon demande the present or subsequent Church-wardens may by Warrant under the Hands and Seals of the two next Justices of Peace levy them and all the arrears thereof and two shillings six pence for the neglect upon the Goods of the party appointed to pay it 10. If any be Over-â—ate grieved with the Rate relief is to be had before the Justices of Peace at their Quarter Sessions Or if the Rate be read by practise and conspiracy to oppress a man as for Alimony or to pay a debt and in cases where the Church-wardens or Over-seers have no Power there perhaps they may make themselves liable to an Action of the Case or Action of Trespass 5. These Officers are to relieve and dispose of the Rents of Lands or Annuities given towards repair of Churches and Church duties according to the intent of the Donor 6. The next thing these Officers by the Numb 8 Common Law are bound to doe is When In delivering over the Church goods and making an Accompt they are going out of their Office they are truly to deliver up to the Parishioners whatsoever Money or other things of right belonging to the Church or Parish they have in their hands and it is the best way to deliver them by Bill indented to the succeeding Church-wardens 7. The last thing these Officers are bound by the Common Law to doe is to give up a true and perfect Accompt of all their Receipts and Disbursements in the time of their Office The which it is best to doe to the succeeding Church-wardens And this if these Officers refuse to doe their succeeding Church-wardens may now compell them to by an Action of Accompt at the Common Law But now by the new Ordinance they are bound within four dayes of their Office ended and new Church-wardens chosen to give an Accompt to their Successors and the two next Justices of Peace and to pay over the Money in their hands to their Successors And refusiing this they are to be committed without Bail till they doe Accompt and pay the Moneys in their hands And by this Writ of Accompt at the Common Law the present Church-wardens may compel their Predecessors to give an Accompt of and to answer for their doings during the time of their Office And if they have done the Parish any wrong to make amends and satisfaction for the same to the use of the Parish for the harm it hath received by their default And in this Accompt the old Officers shall have Allowances allowances for all the needfull sums of Money laid out or spent by them either upon the Reparations of the body of the Church Tower or Bells or for relief of the Prisoners in the Gaol or otherwise where the Law doth enjoyn them to pay or disburse them And now having dispatcht the Duty and Power of these Officers commanded and given to them especially by the ancient Common Law we come to see wherein their Office is enlarged by some Acts of Parliament And this we shall finde to be in these particulars following First We have shewed before how by Numb 9 the late Ordinance of Parliament these Officers In making and levying of Rates and Forfeitures c. may without warrant Ex Officio make and set Rates and that by warrant under the Seals and Hands of two Justices of Peace they may levy the same and the arears therereof and two shillings six pence by distress and sale of Goods And that they may and must also execute the Warrants of the Justices of Peace in levying all the penalties appointed for any offence within that Ordinance of Parliament and also in levying of all such money as shall be remaining in the hands of any of their Predecessors upon their Accompt by distress and sale of Goods Secondly These Officers are to joyn with Numb 10 the Over-seers of the Poor and some others In imployment of money given to charitable uses in the imployment of money given for the binding of Apprentices upon the Statute of 7 Jac. 3. Thirdly Any one of these Officers may Against Prophaners of the Lords day upon sight and knowledge of any offence done against any Law made for the observation of the Lords day dayes of Humiliation or Thanksgiving doe the same execution as Over-seers of the Poor may doe Fourthly these Officers together with Against May-poles the Constable may take down a May-pole And either of these Officers by Warrant from a Justice of Peace must levy the forfeiture appointed to be paid for the setting and keeping up of a May-pole Ord. April 6. 1647. Against Stage-playes Fifthly These Officers alone may levy the forfeiture appointed to be paid by such as are present at Stage-playes And these Officers and the Constables together may levy all the Money Collected of the Comers to it to the use of the Poor Ord. Feb. 11. 1647. Sixthly They must being commanded Against superstitious Reliques by any Justice of Peace take care with the Over-seers of the Poor
chosen Stock for the relief of Poor maimed Soldiers and Marriners are certain Officers yeerly appointed by the Justices of Peace to have the charge of the Receipt and disbursment of the money taxed and levied upon the whole County yeerly for the relief of poor maimed Soldiers and Marriners For the Justices of the Peace are yeerly at their Quarter Sessions about Easter to choose or appoint one or two persons according to their discretion of the County for the taking and distributing of the moneys of the County collected for the relief of the poor maimed Soldiers and Marriners And the men so appointed by the words of the Statute must be such Men as at the last Taxation before for the Subsidy were valued at Ten pounds in Lands yeerly or Fifteen pound in Goods but if they be sufficient men this it seems is not stood upon And these are to continue in their Office one yeer and no longer and then others are to be chosen in their room 43 Eliz. 3. The Office and Duty of these Officers Their Office and Duty doth consist in these things 1. They are to receive of the High Constables of the Hundreds quarterly the sums of money rated and taxed by the Justices of the Peace upon every Parish for the relief of sick hurt and maimed Soldiers and Marriners and if in case there be any defaults by the petty Constables or High Constables in the levying of the sums or in the payment of them over so as thereby they make any forfeiture These Officers and as it seems without any Warrant from the Justices of Peace may levy the same forfeitures by sale of the offenders Goods rendring to him the overplus for the Parishioners and in their default the Petit-Constables and Church-wardens are to set the Justices Rate And this Rate if men pay not the Church-wardens and Petit Constables may levy it by distress and sale of their Goods And if neither the Parishioners nor Constables and Church-wardens doe set the Rate then any Justice of Peace in or near the place may do it 2. Every Soldier or Marriner impotent sick and disabled by the publique service having a Certificate to any of these Officers under the Hand and Seal of the General of the Camp or Governor of the Town where he served or of the Captain of the Bond under whom he served or his Lieutenant or in the absence of the said Generall or Governor from his Marshall or Deputy or from any Admirall or in his absence from any other Generall of the Ships at the Seas wherein the said Soldiers or Marriners did serve setting down the particulars of their Hurts and Services The Certificate being also allowed by the Generall Muster Master for the time being in the Realm or Receiver Generall of the Muster Rolls the Treasurer and Controller of the Navy This Soldier or Marriner may repair to any one of these Officers of that County out of which he was prest or if he were not prest to this Officer of that County where he was born or last inhabited by the space of three yeers at his Election And if he be not able to goe thither he may repair to any one of these Officers of the County where he doth land And if any such Soldier or Marriner shall thus make to any of these Officers it is the duty of this Officer to give such a portion of relief to him at his present necessity as he shall think fit having respect to his need and the commendation of his service and this to sustain him untill the next Quarter Sessions and then the Justices of Peace by a kind of Instrument may grant him a pention to be paid by this Officer so long as the Statute doth continue if the party so long live and it be not duly revoked And this must be alwaies paid by succeeding Treasurers quarterly But the same present sum so given or yeerly Pention so granted must not exceed Ten pound in gross or Per annum to a common Soldier nor the sum of fifteen pound to any that hath born Office under the degree of Lieutenant nor the sum of Twenty pound to any that hath been a Lieutenant And these Pentions the Justices at their Quarter Sessions may upon causes alter at their pleasures And these Marriners and Soldiers when they Land in the way of their travell before they can get the confirmation of their Certificate must have competent allowance from the Treasurer of every County as they pass from the place of their Landing 3. They are to keep a book and therein to Register all the Certificates they doe receive and allow and all their receipts and disbursments And if any of them doe refuse any Certificate he must set down the reasons of his refusall under it or on the backside of it 4. They are at the end of their yeer to give up a just account to the succeeding Treasurers of all their receipts and disbursments within the time of their Office and then also if they have any money in their hands they are to deliver up the same to the succeeding Treasurers And this they must doe within ten daies after Easter Sessions And if any such Officer so chosen shall refuse to execute his Office he may be fined for it by the Justices of the Peace And if any such Officer shall wilfully refuse to give relief to a Soldier or Marriner as aforesaid the Justices of the Peace may fine him for the same according to their discretion And if any such Officer his Executors or Administrators shall not give up his accompt within the time aforesaid or shall be otherwise negligent in the execution of his Office The Justices of the Peace at the Sessions may assess such fine upon him his Executors or Administrators as they think fit so it be not under five pounds And all the fines and forfeitures happening for the breach of this Statute must be imploy'd by these officers to the uses aforesaid And if any of the County Stock shall be left in their hands it must be disposed to the use of the poor in such sort as the Justices of Peace shall appoint Stat. 43. Eliz. Ch. 3. 5. These Officers now by the Ordinance of May one thousand six hundred forty seven are also to receive the money Rated upon the County by the Justices of the Peace at their Sessions for the relief of the maimed Soldiers and Marriners And the Widows and Orphans of such as have died in the service of the Parliament during the late Wars And this they are to pay out thus 1. To any such maimed Soldiers and Marriners as by Warrant under the Hand of two Justices of Peace they shall be appointed untill the next Quarter Sessions 2. And then as by the Pention there it shall be setled 3. To the Widows and Orphans so much as two Justices of Peace shall set down 4. In cases where the High Constables of hundreds or Petit Constables of Parishes
faile of their duty herein and they are for for this neglect to be fined by the Justices For which see chap. 8. sect 2. chap. 10. Numb 12. chap. 7. sect 8. It will be the duty of these Officers to see those inferior Officers indicted for it that so they may be fined for it for without indictment they cannot be fined Ordin 10. August 1647. and 20. of May 1647. Stat. 43. Eliz. Ch. 3. CHAP. III. Of the Treasurers of the County Stock for relief of the Prisoners in the Kings Bench and Marshalsey THe Treasurers of the County What they are and bow they are chosen Stock for the relief of Prisoners in the Kings Bench and Marshalsey and for the relief of Hospitals and Alms-houses within the same County are certain Officers yeerly appointed by the Justices of Peace to have the charge of the Receipt and Disbursments of the money taxed and levied upon the whole County yeerly for the relief of the Prisoners in the Kings Bench and Marshalsey and for the relief of Hospitals and Alms-houses within the same County for the Justices of Peace are yeerly at their Quarter Sessions about Easter to chuse and appoint two persons of the County Officers for this purpose and the men so appointed by the words of the Stature must be such men as at the Tax of the Subsidy last before were taxed at five pounds Lands or ten pound goods at the least or near of that value And these are to continue in their Office but one yeer and then others are to be chosen The Office and Duty of these Officers doth consist in these things 1. They are to receive of the High Constables Their Office and Duty of the Hundreds quarterly the sums of money rated and taxed by the Justices of the Peace upon every Parish for the relief of the poor prisoners in the Kings-Bench and Marshalsey and for the relief of the poor within the Hospitals and Alms-Houses within the County And if in case there be any default by the Petty-Constables or High Constables or by the Church-Wardens in the rating levying or payment of these sums so as thereby they make any forfeiture These Officers and as it seems without any Warrant from the Justice of Peace are to levy the same by sale of the Offenders Goods rendring to the party offending the overplus if there be any for the Parishioners and in their default the Petit-Constables and Church-Wardens are to distribute the Rate of the Justices of the Peace And this Rate if neither the Parishioners nor Constables and Church-Wardens doe make any Justice of Peace in or near the place may make it and being made the Constables and Church-Wardens may levy it by distresse and sale of Goods And for lack of distresse the Justice may send the party to Prison there to abide till it be paid without Baile or Mainprize 2. This money so by them recived they must pay over and as it seems in convenient time after the Receipt thereof to the Lord Chief Justice of England and Knight Marshal for the time being equally to be divided to the uses aforesaid taking their acquittance for the same or in default of the said Chief Justice to the next ancientest Justice of the Upper-Bench 3. They are to pay yeerly by a quarterly payment such a sum of money as shall be set down by the Justices of Peace at their Quarter-Sessions unto the Masters and Governors of the Houses of Correction The which if they doe refuse or neglect to doe the same Masters or Governors without any other Authority may levy the same of the Goods of the same Treasurers by sale of their Goods rendring to them the overplus 4. The surplusage of the money by them received they must distribute and bestow for the relief of the poor Hospitals of the same County and for the relief of those that shall sustain losses by Fire Water the Sea or other Casualties according to the discretion of the Justices of the Peace of the County 5. They are at the end of their yeer at Easter-Sessions to give an account to the succeeding Treasurers of all their Receipts and Disbursments in the time of their Office And then also if they have any money in their Hands they are to deliver up the same to the succeeding Treasurers And if any Treasurer so elected as before shall wilfully refuse to take upon him the same Office of Treasurership or to distribute and give relief or to account according to that Order the Justices shall set down the Justices may fine him for the same at their Sessions according to their discretion so it be not under three pound And all the Fines and Forfeitures for the breach of any Branch of the Statute 43 Eliz. c. 2. must be imployed to the uses last aforesaid as the Justices shall appoint 6. In cases where the Constables and Church-Wardens of Parishes or Constables of hundreds faile of their duty herein and they for this neglect are to be fined by the Justices for which see chap. 8. sect 2. chap. 10. numb 12. chap. 7. sect 8. It will be the duty of those Officers to see those inferior Officers indicted for it that so they may be fined for it for without indictment they cannot be fined Stat. 43 Eliz. 7. Jac. 4. CHAP. IV. Of the Collector of the money for the relief of the Prisoners in the Common-Goal and his Office THe Collector of the money What he is and how he is chosen for the relief of the Prisoners in the Common-Goal is an Officer appointed by the Justices of the Peace to have the charge of the receipt and disbursment of the money taxed and levied upon the whole County for the relief of the Prisoners in the Common-Goal For the Justices of the Peace at their Quarter-Sessions are to choose and appoint some sufficient person living neer to the Common-Goal of the County as a Collector to receive and distribute the money assessed by them upon the County for the relief of the prisoners in the Common Gaol And this Officer may be in his Office for longer time than one yeer 14 Eliz. 5. The Office and duty of this Officer doth consist only in these things 1. That he be ready at every Quarter-Sessions His Office and Duty to receive from the High-Constables of the Hundreds the monies Rated by the Justices of the Peace on every Parish for the relief of the prisoners in the Common-Gaol of the County 2. That he doe weekly pay and distribute the same to the same prisoners in such sort as the Justices of Peace shall appoint And if he offend in either of these things he shall forfeit for the same offence five pounds 3. In cases where the Church-Wardens doe not their duty or the Constables of Hundreds doe not their duty herein and they may be fined by the Justices for their neglect herein for which see chap. 8. sect 2. and chap. 10. numb 12. It will be the
to imprison a man yet have they not power in any case to deliver a man imprisoned again And therefore if a Constable in case of an Affray commit an Affrayor to the Prison the Constable may not afterward set him at liberty again Or if he take a man upon a suspicion of Fellony and he doth afterwards perceive some cause to make him believe the party apprehended is Innocent in the matter yet may not the Constable deliver him but he must continue in Prison untill he may be delivered by order of Law either at the Sessions or otherwise as the cause shall be And yet if an Officer shall only put the Affrayors apart into the Stocks or into some House or Room as it seems he may untill the hear be past in this case the Officer of his own head may set them at liberty again 21. Every person that shall be Allowance Charge of a Prisoner sent to Gaol by a Justice of Peace having means and ability of his own must bear his own charges to be levyed of his Goods and Chattels by the Constable upon a Warrant to him sent by a Justice of Peace and not having goods then to be born by the Parish where the Fellon is apprehended by an indifferent Assessment to be made by the Constables and Church-wardens and two or more of the Inhabitants by allowance of a Justice Numb 20 of Peace 22. If any of these Officers What Pleas these Officers shall have being said 21 Jac. 12. 7 Jac. 5. shall be sued for any thing done by them in the execution of their Offices or if any suit be brought against their Deputies or any others which in their aide or assistance or by their commandement shall doe any thing touching their Offices this Action must be laid in the County where the thing was done otherwise the Defendant shall be found not guilty howsoever the case be And in all Actions brought against them for the causes aforesaid they need not plead the speciall matter but may plead the generall issue and give the speciall matter in evidence And if the Verdict upon triall pass with the Officer or the Plantiff be Nonsuit or suffer his Action to be discontinued the Defendant shall recover his double costs susteined in Costs the said Suit 23. These Officers all the rest hereafter named must take care that they take nothing of any man for any work they do in the Extortion execution of their office more than is allowed them and is their due for this offence in them is extortion and punishable by Fine and Imprisonment 24. These Officers as well as other Account are to give an account to the Parishoners of the monies they doe any way receive And this if they refuse to doe they may no doubt be compelled unto by the Justices of the Peace at their Quarter-Sessions 25. And as touching Numb 21 the disbursments of these Officers about the execution Expences and disbursments of Officers of their Office as for the carriage of Prisoners to Gaol the conveying of Rogues and the like whereby any speciall Act of Parliament they are to be allowed it or any thing towards it and the means of recovering it is set down there they shall have the same allowance and they must pursue that means for the recovery of it And so in all cases where the offender is sent to Goal by a Justice there is a means appointed by the Statute of 3 Jac. 10. by the sale of the offendors Goods or a Rate by the Parish as before But in other cases also it seems very reasonable that they should be allowed it again from the Parish and if the Parish will not allow it perhaps the Justices of Peace upon the complaint of the Officer may devise some way and doubtlesse they will doe what they can to relieve him And therefore he is to call his Neighbours or as many as will come and with them or without them if they refuse make an equall Rate sufficient to pay all his necessary charges and expences in the doing of his Office and it will be good to get a Justice hand to it if he can and if any refuse to pay it let him complain to the Justice of Peace who will either binde him that refuseth to the Quarter-Sessions or finde some other way to bring him to reason But as touching their ordinary expences for meat drink c. in their travells for this it seems there is no remedy but that the Officers themselves must bear it Howbeit in these things the custome of the place is to be continued SECT 2. Of the Office of the High and Petit-Constable about the Peace THe authority and duty of all these Officers High-Constable and Petit-Constable by the Common-Law consisteth much about the Peace of the Common-wealth and herein in three things First In foreseeing that nothing be done that tendeth either directly or by means to the breach of the Peace Secondly in quieting or pacifying those that are occupied in the breach of the Peace And thirdly In punishing such as have already broken the Peace And here lest any man should be deceived Breach of the Peace what it is in the not understanding what is meant by the breach of the Peace it must be known That by the breach of the Peace is to be understood not only that fighting which we commonly call the breach of the Peace but also that every Murther Rape Man-slaughter and other Fellony whatsoever and every Affraying or putting in fear the People of this Common-wealth whether it be by unlawfull wearing of Armour or by assembling of people to doe any unlawfull act are taken to be disturbances and breaches of the Peace For the better preventing of the breach of Numb 1 the Peace and that nothing be done against it First Any one of these Officers may without Warrant from a Justice of Peace ex officio Against suspected persons as Nightwalkers and the like Stat. of Winchester 13 Ed. 1. 4. 5 Ed. 5. 14. 13 H. 7. 10. Fitz. Office J P. 200. 1 H. 7. 7 Bro. Tres 432. and of his own authority by night or day arrest suspected persons strangers and others that walk in the night and sleep in the day or haunt Bawdy-houses or other suspicious places or shall doe or commit any outrage or misdemeanor For if a Constable be informed of a lewd man and woman that are together and about to be incontinent and lewd he may take with him so many of his neighbours as he will and arrest the same man and woman or any such disorderly person and bring them to a Justice of Peace to be bound to the good behaviour 2. And the better to apprehend such persons Bawdrie they are to see and take care that Watch and Ward be duely kept And for this these things are to be known 1. None but Inhabitants of the same Town are compellable to Watch and Ward 2. It must
forfeitures arising in the Sessions of the Peace or in the Leet upon the Statutes of High-wayes of which Estreats one part ought to be delivered yeerly within six weeks after Michaelmas to the High-Constable of the Hundred wherein the defaults were committed and the other part to the Constables and Church Wardens of the Parish wherein the defaults were to the end that such High-Constable may thereby levy by distress the same forfeitures or the double thereof if no distress can be found or if such forfeitures be not paid within twenty dayes after a lawfull demand of the same by the Officer and to the intent also that the said Constables and Church-wardens may thereby call the said High-Constable to an account before two Justices of Peace the one being of the Quorum for the said High-Constable is once every year between the first day of March and the last day of Aprill to make a true account and payment of all such summs of monie as he hath received by means aforesaid to the Pety-Constables or Church-Wardens of the place where the offence is committed or any two of them under pain of fourty shillings And this if they refuse to doe they may be compelled unto by the Church-Wardens by the help of any two Justices of the Peace the one being of the Quorum And this monie is to be bestowed by the Church-Wardens on the High-wayes of the Parish And upon this account the High-Constable is to have for his pains eight peace for every pound he hath levyed and paid SECT 4. Of the Power and Duty of the High-Constable alone about keeping petty-Sessions Sea-banks in Northfolk presenting of Recusants THe High-Constables in all such Shires Keeping petit Sessions 5 Eliz. 4. where the petit Sessions for Servants and Laborers otherwise called Statute Sessions were used to be kept before 5 Eliz. may yet still hold their Sessions so that nothing be done in them contrary to the Statute of Laborers and Servants made 5 Eliz. 4. The High-Constables of Hundreds there Sea-banks in Norfolk 29 Eliz. 24. must overlook the work for amending the Sea-banks according to the order of the Justices of Peace at Sessions The high-Constable in default of the Church Making Presentment of Recusants 3 Jac. 4. Wardens and Constables of the Parish is once a year to present at the Sessions the names of Popish Recusants their Children and Servants CHAP. X. Of the Office of Constables of Towns that are head Officers and have others under them about Weights and Measures unlawfull Games Coopers Merchandise making Mault THere are also in some places Constables of Towns or Parishes that are head Officers and have others under them And these in some Corporate Towns are part of the name of their in corporation And in some places they have other Officers under them And this Officer is in some Statutes called a High-Constable And to him doe some of the things aforesaid belong in common with other Constables as to make a Testimoniall for a Servant to goe into another Parish to compell an Artificer to work in the Harvest time and some other things And some other things there are that are said to belong to the Constable of a Town only and to none other of the Officers aforesaid as the things hereafter mentioned viz. 1. Every City Borough and Market Town Weights and Measures 8 H. 6. 5. 11 H. 7. 4. that hath a Constable ought also to have common measures sealed and also common weights sealed at which the Inhabitants may freely weigh 2. The Major Sheriffs Bayliffs Constables Uunlawfull Games 13 H. 8. 9. and other head Officers within every City Borough and Town where any such Officers be ought under pain of fourty shillings for every default once every moneth at the least to make search as well within Liberties as without in all places where any unlawfull Games shall be suspected to be kept and may arrest and imprison as well the keepers of such places as the haunters to the same till they be bound no more to keep and haunt such places And if any such Head Officer shall finde or know that any Artificer Crafts-man Husband-man Apprentice Laborer Servant at Husbandry Journy-man or Servant of Artificer Or that any Mariner Fisher-man Water-man or Serving-man doth play at the Tables Dice Cards Tennis Bowls Closh Coyting Logating or other unlawfull Game out of Christmas time or out of their Masters house or presence in the Christmas time unless it be by the licence of such Masters as have 100 l. by the year or above and then also that playing be within the precinct of such Masters House Garden or Orchard then such head Officer may commit such offendor to Ward till he shall be bound by such obligation to the use of The Keepers of the Liberty c. in such sum as to the discretion of such Officers shall be thought fit that he shall not from thence forth use such unlawfull Games 3 In all Cities Boroughs and Towns Coopers 23 H. 8. 4. wherein no Wardens of Coopers be the Majors Sheriffs Bayliffs Constable or other head Officers there have power to search view and gage Barrels Kilderkins Firkins and other vessels to be made there and to take such advantage thereby and in such manner as the Wardens of Coopers within the Citie of London may take on every behalf 4. If any Woolls or other Merchandizes Merchandize 14 H. 6. 5. be shipped to the Staple in any suspected place adjoyning to the Coast of the water then Indentures ought thereof to be made between the owner and the Major or Constable of that place or otherwise such Merchandize shall be forfeited 5. The Constable of every Borough or Making of Mault 27 Eliz. 14. Market-Town or other Town may view search and survey all such Mault as shall be made or put to sale there And if he shall finde any Barley-Mault made at any time the moneths of June July and August only excepted but that the same shall have the space of three weeks at the least in the Fat Floar Steeping and such sufficient Floar Steeping and such sufficient drying thereof and in these three moneths the space of seventeen dayes at the least And if he finde any person to put to sale any good Mault mingled with Mault not sufficiently made or with Mault made of Mow-burned or spired Barley or put to sale any Mault not sufficiently well trodden rubbed and fanned whereby half a peck or more of dust may be fanned out of one Quarter thereof then may such Constable with the advice of one Justice of the Peace in that Shire cause the same Mault to be sold to such persons and at such reasonable prices under the common price of the Market as to his discretion shall seem expedient All these things last aforesaid appertain only to the head Constable of Market and great Towns and as it seems the High-Constables of Hundreds and petty-Constables and Tything-men of
to take down and demolish all superstitious Reliques at the charge And the Church-wardens being required by the Justice of Peace must repair it as before at the Parish charge Ord. May. 1644. Seventhly These Officers may apprehend Numb 11 Swearers and bring them to a Justice of Againct Swearers Peace to be punished as Over-seers of the Poor may doe Eighthly If any of his own Authority Against him that disturbeth a Minister or abuseth the Sacrament shall willingly and of purpose by open and overt word or deed maliciously or contemptuously molest or by any other unlawfull wayes disquiet or abuse any Preacher lawfully Authorised in his Preaching or Divine Service or otherwise contemptuously or of his own Authority abuse deface or otherwise unreverently handle or order the Sacrament of the Body and Blood of Christ in any Church or Chappel Such persons their Aiders and Abettors may immediately after the thing done be forthwith Arrested by the Constable these Officers or any other person then present and carryed to a Justice of Peace to be proceeded against according to the Statute Stat. 1 M. Chap. 6. Ninethly If any one doe without lawfull Against them that eat Meat on Fasting-dayes licence eat any Flesh upon any dayes now observed for Fish dayes the which as it seems are Fridayes and Saturdayes in every week in the yeer but in Christmas and Easter week and the four Wednesdayes in the four Ember weeks he doth forfeit Twenty shillings for every time and one Moneths imprisonment without Baile or Mainprise And every person in whose House the same shall be eaten knowing thereof and not disclosing it to some Officer that hath power to punish it shall forfeit for evey such offence Thirteen shillings four pence and one third part thereof is to goe to the Poor of the Parish where the Offence is done to be levied by the Church-wardens of the place by Warrant from the Justices of Peace c. So that by this Statute If any such Warrant be directed to these Officers they are to execute the same Stat. 5 Eliz. 5. 27 Eliz. 11. 35 Eliz. Chap 7. And the Licence to be given for eating of Flesh to any person for notorious Sickness by the Minister of the Place must be Registred if the Sickness continue above eight dayes after the Licence granted in the Church Book And this must be done by the knowledge of one of the Church-wardens there Tenthly These Officers are to joyn with Numb 12 the Over-seers of the Poor in the execution About the Poor of their Office throughout for they have an equall Authority and Charge with them in the Execution of the whole Office nay these in truth are the principall Officers in this Office and the Over-seers are but Assistants to them For so are the words of the Law that they shall be joyned with the Church-wardens c. Eleventhly If any forfeiture be by any offence About killing of Hares Phesants c. about killing Hares Phesants or Partridges and the Justices of Peace force the payment thereof to these Officers they are to receive the money and see it imployed to the use of the Poor of the Parish Stat. 1 Jac. Chap. 27. Twelfthly These Officers are to joyn with In levying money upon Rates for the Prisoners in the Kings Bench and Marshalsey the Constables of the place to rate the whole Parish towards the payment of the County Rate of the Justices of Peace for the relief of the Prisoners in the Kings Bench and Marshalsey And being rated to pay the same to the High Constable of the Hundred once every quarter under pain to forfeit ten shillings for every default 43 Eliz. Thirteenthly They are also to joyn with For Mariners and maimed Souldiers the Constables to rate the whole Parish towards the payment of the Justices Rate for the County for the relief of the Poor Marriners and maimed Souldiers And to collect and pay the same to the High-Constable ten dayes before every quarter Sessions under pain to forfeit twenty shillings for every default 43 Elz. Fourteenthly These Officers alone are For the Prisoin the Gaol to rate and levy the County Rate made by the Justices for the relief of the Prisoners in the Common Gaole and to pay the same quarterly to the High-Constable of the same Hundred under pain of five pounds and this money if the Church-wardens doe pay before they doe Collect it it shall be allowed them again upon their Accompt Fifteenthly Where an Offender that is To carry a Prisoner to Gaol committed to Prison hath not Goods sufficient to defray the charges of conducting him thither The Constables and Church-wardens and two or three of the Parshioners may make an indifferent Rate for the same And any one of these Officers by warrant from the Justice of Peace that did commit the Offendor may levy the same Rate on the Parishioners Goods Sixteenthly These Officers are upon a Numb 13 Warrant sent to them from any that have Against Drunkards power to levy the forfeitures for the breach of any of the Lawes touching Drunkards and drunkenness And they are then also to see that they doe imploy the same to the use of the poor of the place Seventeenthly These Officers are to joyn Against them that destroy Fish with the Constables to execute warrants for the levying of the forfeitures against them that destroy Fish c. Eighteenthly They are also to joyn with To choose Surveyors for the High-wayes the Constables in the chusing of Supravisors for the High-wayes and in the setting down of dayes for the work and in the oversight of the High-Constables Accompt for the moneys they doe receive by any forfeiture They may also with the help of two Justices of Peace Quorum Vnus force Force High-Constables to accompt High-Constables that have received any money forfeited for defaults of High-wayes to accompt for it and pay in what is in their hands to be imployed about the High-wayes Nineteenthly If a Rogue be brought and About a Rogue tendred to these Officers they must receive him or else they forfeit five pounds Stat. 39. Eliz. Twentiethly 1. These Officers being required About Presentment must attend the Justices of Peace and with the Over-seers of the Poor give to the Justices an Accompt of what stock of money hath been raised by Rates or is otherwise setled amongst them and how they are imployed and what Apprentices are placed or fit to be placed and of the rest of the things concerning their Office 2. They must also present upon their Oathes all Offences that are done within their Parish against the Statutes made for the suppressing of Drunkenness and other disorders of Ale-houses 3. They are to joyn with the Constable in presenting of Popish Recusants CHAP. XII Of the Over-seers of the Poor and their Office THe Overseers of the Poor Numb 1 are certain Officers appointed What they are and
are chargeable to this Rate and for these things they must be proportioned to a yearly benefit So that if a man have a hundred Acres of wood within the Parish it must be considered what wood he may sell and what benefit he may make thereof yearly to the Worlds end and according to the same the Rate must be made And for Coal-mines it must be considered what benefit a man doth make by them and according to the same he must be rated 10. Parsons Vicars and such like persons as Inhabitanâ—s within the intent of this Statute are to be rated towards the relief of the Poor as well as other men and so hath it been Resolved of late by the Judges 11. Any man that dwelleth within the Parish albeit he have no Land within the Parish may be rated towards the relief of the Poor of the Parish And so hath it been also Resolved by the Judges 12. In some cases a man may be taxed for his Goods as well as for his Lands and in case of a Rate for the Poor men may be taxed for their visible Estate of goods viz. their Oxen Kine Sheep c. as well as for their Lands and not only for those goods that are within the same Parish where a man doth dwell but also for those goods which he hath in any other place for a man shall not be rated for his goods in any place but in the place where he doth dwell Nay it is held in this case of Rating for the poor some respect may be had to mens invisible Estate of money for the case may be so that the Raters may know a man within the parish that hath no other Estate and yet perhaps hath an annuity of one hundred pounds by the year or hath hundreds of thousands of pounds of money owing to him and in such a clear and certain case they may no doubt Rate him according to that value 13. In some special case a man may be Rated beyond his ability for if a Parishioner for his own gain or otherwise shall bring into the parish without the consent thereof a Stranger who is or is apparently like to be burthensom to the parish in this case the Parishioners because they have no other remedy against him may Rate him not only according to his ability of Lands and Goods but according to the Damage he bringeth or is like to bring to the Parish by his folly For if any person shall finde himself grieved with any such Rate to the Poor or other such like act done by the Overseers of the Poor or the Justices of the Peace he hath no other remedy but to complain to the Justices of the Peace at the Quarter Sessions where the case appearing to be as aforesaid he shall have a little relief 14. If any man refuse to pay his Rates for the poor the present or subsequent Overseers of the Poor shall have a Warrant from the Justices of the Peace to levy the same of the parties Goods And thereupon they may and must sell the parties Goods and pay themselves their Rate and give the party the over-plus of the money if there be any and if he have no Goods then to carry him to Gaol there to abide until he doe pay it It seems to me that for relief of the poor that they have not places for in case of necessity that they may Rate the parish to build a house and to buy a peece of ground in some of the Parishioners names to set it upon For it is in their discretion which way to provide And if they over-rate any man to these ends they cannot be sued by the party grieved But if there be any conspiracie in the case to oppress a man or he be rated to pay debts or for Alimonie or for any other purpose by these Officers an Action will lye against them These Officers with the Church-wardens the Parson or Vicar and the Constables of the place or the most part of them where any money is or shall be given to be continually imployed for the binding out as Apprentices the poorest sorts of Children shall within the same places have the nomination and placing of such Apprentices and the guiding and imployment of such monies as have been heretofore so given or which hereafter shall be so given to and for the continual binding forth of such and so many Apprentices and in such sort as is already or shall hereafter be so given and appointed either by the last Will or any Writing under the Hand and Seal of the givers of such monies And if any of them wilfully forbear or refuse according to their duties to imploy such monies by means whereof the said monie shall not be imployed accordingly then every of them so offending shall forfeit three pounds for every such offence And the Master Mistress or Dame of such Apprentices shall be bound with one or two sufficient Sureties in double the sum they have received with such Apprentices to such persons as aforesaid appointed to dispose the same monies to repay the money so received at seven years end or within three moneths next after the same seven years ended And if the Apprentice Master c. happen to die within the said seven years then within one year next after such death And these Officers and the rest ought to put forth and employ such monies within three moneths at the furthest after the same shall come to their hands And if there shall not be found fit persons to be bound out Apprentices in the Towns and Parishes where such monies are or shall be given to be employed as aforesaid the poorest Children of any of the Parishes next adjoyning may by the discretion of the said Parson Vicar c. be bound Apprentices taking such Bonds as are before mentioned And choise must be alwaies made of the poorest sort of Children and that no Apprentice be above fifteen years old when he shall be first bound And the said Parson Vicar c. are once every year in Easter week or within a moneth after Easter day to be accomptable before four three or two Justices of the Peace dwelling in or next the said Towns or Parishes for all such monies as they have employed in binding of Apprentices and of all Bonds and Obligations taken for payment thereof and of the monie remaining in their hands and are at such accompt or within ten dayes after to deliver to their Successors or to such as have been in their times or places all the said Bonds and Obligations and such monies as remain in their hands not then employed They must being required by the Justices Numb 8. of Peace attend them and with the Church-wardens In making Presentment give them an accompt of these things what Stocks of monie are in their Parish by Rates or otherwise what Apprentices they have placed and what they have done in all the rest of their Office These Officers and the
Church-wardens are to meet monethly in the Church on Sunday after Evening Prayer except they be let by Sickness or other cause to be allowed a good excuse by two Justices of the Peace to consider of all these things They are alwayes within four dayes after the end of their year and after other Overseers named and allowed by the Justices to give up to any two such Justices of the Peace as aforesaid a true and perfect accompt 1. Of all sums of money by them received or rated and not received 2. Of all such stock of Ware or Stuff as they or any of their poor have in their hands 3. What Apprentices they have put out 4. What poor they have set on work or relieved 5. Whether they have suffered any of their poor to wander and beg out of their Town or in the High-wayes or in their Town without their direction 6. Whether they have not monethly met to consider of these things 7. Whether they have Assessed the Inhabitants and Occupiers of Lands c. in their parish viz. all such as are of ability and with indifferency 8. Whether they have indeavored to levy and gather such Assessments 9. Whether they have been any way negligent in their Offices in executing the Justices Warrants about any thing touching their Office And if any Church-warden or Overseer shall refuse to give up his accompt as aforesaid and to pay over the Arrearages due if any be upon the same accompt unto his Successor he may be committed to the Gaole by two Justices of the Peace untill he doe accompt and pay over the same monie And if any of these Officers shall offend in any other of the particulars aforesaid he shall forfeit for every default twentie shillings All these forfeitures are to goe to the use of the poor of the parish and may be levyed as followeth viz. The monie forfeited by the Father Grand-father c. of any poor person taxed by the Justices towards the maintenance of such poor person that will not pay that Rate may be levyed of the offenders Goods upon a Warrant from two or more Justices of Peace as aforesaid by sale of the same Goods rendering to the party the over-plus of the monie And if there be no distress to be had the Justices of Peace may commit the offender to prison there to remain without Bayl until the forfeiture be paid The monie forfeited by the Church-wardens or Overseers for not receiving or taking care to convey a Rogue c. may be levyed upon the offenders Goods upon a Warrant from two or more Justices of the Peace The monie forfeited by the Church-wardens and Over-seers for offending in any of the particulars aforesaid may be levyed by the subsequent Church-wardens and Overseers upon the offenders Goods Also in the same manner by a Warrant from any two Justices of the Peace And if there be no such distress to be found the same Justices may commit the same offenders to Gaâ—le until they doe pay it And if any man shall in any wise disturb the Execution of the Statute of 30 Eliz. 4. he shall forfeit five pounds and be bound to the Good-Behaviour by any two Justices of the Peace We have done with the Office of these Officers so far as it concerns the poor now we come to that wherein their Office lieth about other matters the which is given them also by ceâ—tain Acts of Parliament and lyeth in these particulars following For the better understanding of the Law Numb 9 herein these things aâ—e to be known Against such a prophane the Lords Day 1. This day is by every one to be sanctified and kept holy and men must be carefull herein to exercise themselves in the duties of Piety and true Religion publiquely and privately and every one on this day not having a reasonable excuse must diligently resort to some publique place where the Service of God is exercised or must be present at some other place in the practise of some Religious duty either Prayer Preaching Reading or expounding the Scriptures or conferring upon the same 2. None may on this day meet out of their own Parish at any Sports whatsoever nor may they meet within their own Parish for Bear-baiting Bull-baiting Enterludes or other unlawfull exercises under pain to forfeit three shillings four pence for every offence to be levyed by distress and sale of Goods and for lack of distress to sit three hours in the Stocks Nor may any one on this day keep or be present at any Wrastlings Shootings Bowlings ringing of Bells for pleasure Masque Wake Church-ales Drinking-games Sport or Pastime whatsoever under pain to forfeit five shillings if he be above fourteen years old and twelve pence by him that hath the Government of him if he be under fourteen year old to be levyed by distress and sale of Goods or if no distress be to be had to sit in the Stocks three hours 3. No Carrier may goe with his Horses Wagoner â—â—rriers Carter or Wain-man may goe with his Cart Wagon or Wain or Drover with his Cattel on this day under pain to forfeit twenty shillings for every offence to be levyed by distress and sale of Goods if he be questioned within six weeks after the offence done But there shall be but one twenty shillings forfeited for one journey although he pass through twenty Parishes and this twenty shillings that Parish shall have where the distress is first taken 4. No Butcher may Butcher kill or sell any victuals on this day under pain to forfeit six shillings eight pence if it be questioned within six weeks after the offence done to be levied by distress and sale of goods 5. None may Cry shew forth or Tradesmen put to sale any Wares Merchandises Fruit Herbs Goods or Cattell on this day unless it be an Inn or Victualling-house and for such as cannot otherwise be provided for and unless it be the crying and selling of Milk before nine in the Morning and after four in the Afternoon from the tenth of September to the tenth of March and for the rest of the year before eight in the Morning and after five in the Afternoon under pain to forfeit the thing so cryed or offered to sale 6. None may on this day Traveller without good cause by allowance of one Justice of Peace travell under pain to forfeit ten shillings nor carry any burthen or doe any worldly labor under pain to forfeit five shillings Both these forfeitures to be levied by distress and sale of goods and if nondistress be to be had to sit in the Stocks three hours 7. None may on this day or the Drinking Tippling dayes of Humiliation or Thanksgiving use Dancing profanely Drinking or Tippling in any Tavern Inn Ale-house or Tobacco-house nor be there or grinde any Corn at a Mill but upon cause to be allowed by one Justice of Peace under pain to forfeit ten shillings a peece he that
seven dayes after it is made and after publique notice is given for the payment of it is to be doubled 7. They are to hire Ploughs and Men so many as they think fit And the Men so hired must work being required for the wages that any two Justices of the Peace shall set down 8. They may cause the Dytches adjoyning to High-wayes or serving to lead the water from them that are undressed or unscoured to be dressed and scoured And for any water-course that doth run into or stand in any High-way to annoy it they may stop it or turn it into any adjoyning Ditch or they may make new Ditches in convenient places through the grounds adjoyning for the conveyance thereof another way And they may cut plash and keep low all the Trees Bushes and Hedges standing in High-wayes or that are suffered to grow up by them to keep the strength of the Sun from them 9. They may dig and take Stones Gravel Sand Cynder Chalk or any thing fit for the mending of the High-wayes in any common ground And if none be to be found therein or no such Common there then they may take it in any private mans Ground Pasture or Fallow in or neer the Parish And they may take a convenient way to carry it through any mans ground at seasonable times but for this way and for materialls taken out of a private mans ground they are to give to him reasonable satisfaction such as they can agree upon and if they cannot agree upon it then such as any one Justice of Peace not interessed in the thing and indifferently chosen between them shall set down 10. If the Parish by the Rate of twelve pence in the pound in the whole year cannot sufficiently amend their High-wayes the Surveyors may by the help of the Justices of the Peace get them help from other Parishes that are under that Value in the whole year untill their whole charge come up to this Rate And if there be any thing given Charitable uses towards the Repair of their High-wayes which is not imployed or mis-imployed they are to seek to the Justices of Peace for relief herein 11. These Officers also may and so may any Constable or other man within the Parish take all the Horses Mares and Oxen that are in Carts and Waggons loaden drawn through the Parish that are over and above five Horses or Mares or six Oxen and one Horse in one Cart or Waggon And Supernutrerarie Cattel in a Plough if the Owner doe not within seven dayes after the taking thereof pay twenty shillings to the Parish wherein they were taken for every Oxe Mare or Horse over and above the number aforesaid with the charge laid out about it and for the keeping of it then he may sell the same and deduct so much of the money But the overplus he must give back to the Owner 12. If all this will not doe to redress the defects By-Laws of pavements and water-courses and to make them run freely and for the removing of filth and other Nusances in streets and other by places the Inhabitants of the Parish may make by-Lawes for a speciall Rate upon the Parish and make speciall Officers and put penalties upon Offenders and other things to doe it And these Rates and penalties may be levyed by distress and sale of the goods of the party by warrant from any Justice of the Peace and these By-lawes they may have confirmed by the Justices of the Peace in their Quarter Sessions 13. They are to imploy and bestow all the Rates Penalties Fines and forfeitures arising by this new Ordinance or by any other lawes touching High-wayes and Streets and all Issues to be forfeit for not appearing to any Information or Indictment for not repairing of High-wayes or not removing or reforming of Defects or Nusances in Streets or High-wayes and all Fines and Amercements to be set upon any place or person for not repairing High-wayes Streets or Water-courses to pay for Workmen and Ploughs and to doe other things to be done by this Ordinance 14. Those Rates and Distress penalties these Surveyors or any of them may levy by distress and sale of goods of the party by a warrant from any one Justice of the Peace and for lack of distress or not payment thereof within ten dayes after demand made or left in writing under the hands of the Surveyors or either of them at his house who is to pay it the party may by warrant of the Justice be committed to Gaol without Bail till he pay double the money to be paid and the charges of prosecution for the recovery of it 15. They are within a moneth of the Account end of the year in their Office to give in to the Parish at some meeting to be by them appointed a just and perfect Account of all the money by them recived and laid out in the time of their Office and they are to pay over the money then remaining in their hands to their Successors And herein they may deduct the money they have laid out in the prosecution of such as doe any Nusance in the High-way and upon his neglect or refusall that is a Surveyor any Justice of Peace may commit him to Gaol without Bail till he make such Account and payment and such satisfaction to the Parish for the wrong as any one Justice of the Peace shall set down 16. And if any of these Officers or any other be sued for any thing done in these things the Action must be laid in the County where it was done he may plead to it the generall Issue and if the case appear so the Jury must fine for the Defendant and then or if the Plantif be non-suit or discontinue his Action the Defendant shall have his full costs he hath laid out to be set down by his own oath and ten pounds more to make him amends for his vexation Ordinance of the Lord Protector and his Councell March 31. 1654. CHAP. XIIII Of the Register of a Parish and his Office The Register of a Parish What he is and how he is chosen is a new Officer chosen by the Parish and allowed by the Justices of the Peace for the publication of Contracts of Marriages and for the taking and keeping of the entries of all the Marriages Burialls and Christnings of the Parish He is to be chosen by the Parish and approved and sworn by a Justice of Peace and the same entred upon the Register book of the Parish And then he is to continue three years in his Office and longer till another be chosen unless the Justice of Peace or Justice of Peace and Parish together put him out in the mean time This Officer is to receive a note in writing His Office and Duty from any one or both of his Parish or one of his and one of some other Parish that intend Marriage of their Names Sirnames Additions and places of abode of
take any Cattel for his Master to compast his ground as an Agistment That he may cut down Underwoods that have been used to be cut and doe any other such like thing for the bettering and improving of his Masters Land and Mannor But it is not safe for a Bayliff as we conceive to take too much herein upon him without some special authority from the Lord nor very safe for others to joyn with him herein unless they be sure of his authority or he hath been long Bayliff there and hath been used alwayes to doe such things as Bayliff But it is agreed of all sides That if he build any new house or set up any old house that is fallen or make any new additions or alterations as tyle the house which before was thatched or pale it where before it was hedged or the like without a special command from the Lord so to doe he will be a Trespassor to the Lord by it 5. These also are to oversee and order the labors of other Laborers and Servants that are under them about their Masters work 6. And lastly They are to give account to their Lords of all their Receipts and disbursments and pay into them the money remaining in their hands being required And if they refuse the Lord may compell them hereunto by an especial Action of Account given to him for his relief in the Case Broo. Bayliff 31. 8 Ed. 4. 13. CHAP. XVIII Of such Watchmen as keep watch and ward THe Office and Power of a The Power and Duty of them Watchman and Wardsman lyeth in these things 1. They are being required by the Constable to watch and ward from Ascention till Michaelmas the Watchmen from Sun set to Sun rising and the Wardsmen from Sun rising to Sun set 2. These Officers are to pose all men and to arrest and secure all Rogues and suspitious persons and if it be in the night to keep them till the morning and then bring them to a Justice of Peace to be examined or if they will they may deliver them to the Constable who must take care of them And if any resist them and break away they may send Hue and Cry after them CHAP. XIX Of the Minister of a Parish THe Minister of a Parish his His Office and Duty Office about civil matters lyeth in these things only 1. He must keep a Register Book 2. He must herein enter a Testimoniall or Pass of all the Rogues that are taken up and whipped in the Parish 3. He must herein enter all the Licences he gives to sick persons to eat flesh in lent 4. He must also enter therein all Testimonials of Servants departing from their Masters CHAP. XX. Of Owners and Rulers of Faires and Markets and their Deputies THe Office of Rulers and Their Office and Duty Owners of Fairs and Markets lyeth in these things 1. they must appoint one certain open place in the Faire or Market for sale of Horses Geldings Mares and Colts and one sufficient person to take toll and keep the place 2. This Deputy or person so appointed must take Toll there from ten a clock to Sun-set upon the Market or Faire day 3. And he may take Toll after or before or in another place 4. when any Contract is made about the sale of any horse the parties contracting and the horse about which the Contract is made must be present 5. He must have and keep a Book to enter all Contracts of Horses 6. He must there enter and write down the names of the Persons contracting the place of their dwellings and colour or some other speciall mark of the horse 7. If he know the Seller himself he may enter it as upon his knowledge the name of the Seller and place of his dwelling mysterie price and otherwise he must take the same knowledge from some one credible person that will testifie it and then he must enter also in the Book the Names Mistery and place of dwelling of the Testifier 8. He must give a note of this entrie out of his Book to the Buyer so he will pay him two-pence for it 9. This Clarke or Register is within a day after the Faire or Market to bring his Book to the Governor or Master of the Faire 10. This Governor is then to cause a Note to be made of all the Horses sold and to subscribe his name or mark to it Stat. 31 Eliz. 21. 2 and 3 Ph. and M. 7. FINIS THE TABLE A Account VVHere Constables and such like Officers are bound to Account chap. 7. numb 20. sect 1. chap. 11. numb 8. Adultery see Bawdrie Affrayes What Constables and others may and ought to doe to prevent and allay an Affray chap. 7. sect 1. numb 5 6 7. sect 2. numb 1 5 6. Aid What Aid Constables may require of other men in the execution of their Offices and what aid such men are bound to yeild them chap. 7. sect 1. numb 9. sect 2. numb 4 6 10. Allowances see Account Arrest What Arrest is and where it is lawfull chap. 7. numb 6 11 18. sect 2. numb 3 4 8 12 13 15 16. B Bayliff or Reeve of a Mannor How be is made and his Office chap. 17. Bawdrie How it is to be punished chap. 7. sect 2. numb 1 5. C Church-Wardens How made chap. 11. numb 1. Their Office and Duty chap. 11. numb 1 2 3 c. Clerk or Sexton of a Parish How made chap. 15. His Office chap. 16. Constables What these Officers are and who may be chosen thereunto and how and their Oath chap. 1. sect 2. chap. 7. sect 1 2. Their Office and Duty about the Peace and in case of Affrayes chap. 7. sect 1. numb 5 6 7. sect 2. numb 1 5 6. About Fellons chap. 7. sect 1. numb 6. sect 2. numb 1 2 8 9. About Adulterers chap. 7. sect 2. numb 1. About them that threaten Murder chap. 7. sect 2. numb 5. Or Attempt to Rob chap. 7. sect 2. numb 13. About Night-walkers chap. 7. sect 1. numb 6. sect 2. numb 2. About them that make Insurrections Ryots chap. 7. sect 2. numb 4. About an Inn-keeper refusing to receive a Traveller chap. 7. sect 9. About Swearers chap. 7. sect 4. About Purveyors chap. 7. sect 11. About the Profaners of the Lords day chap. 7. sect 3. About Cloathiers chap. 7. sect 16. sect 9. About Alehouse-keepers Drunkards c. chap. 7. sect 9. About him that doth disturbe a Minister in preaching chap. 7. sect 10. numb 4 About Stage-Playes chap. 7. sect 10. numb 2. About a Rogue chap. 7. sect 6. About Hue and Crye chap. 7. sect 2. numb 10. 13. About Servants departing out of their Masters service without a Testimonial chap. 7. sect 10. numb 5. About May-Poles chap. 7. sect 10. numb 1. About Recusants chap. 7. sect 11. About Maltsters chap. 7. sect 10. numb 10. About them that dress meat in Lent chap. 7. sect 11. About Hedg-breakers chap. 7. sect 10. numb 9. About Laborers that will not work chap. 7 sect 10. numb 3. About suspicious persons chap. 7. sect 1. numb 1 8 9 14 15. sect 2. sect 6. numb 4. About Watch and Ward chap. 7. sect 2. numb 2. About Rates chap. 7. sect 8. chap. 8. sect 2. About an Abjured person chap. 7. sect 11. About Takers of Pheasants chap. 7. sect 11. About High-wayes chap. 7. sect 10. numb 7. chap. 8. sect 3. About them that have the Plague chap. 7. sect 10. numb 8. About taking Fish chap. 7. sect 11. About a Presentment chap. 7. sect 12. About carrying a Prisoner to Gaole chap. 7. sect 2. numb 5 6 7 10 13 15. sect 6. numb 8. About the receiving and paying of monie chap. 7. sect 8. About the petit Sessions chap. 7. sect 7. numb 4. About the Executions of Precepts from others chap. 7. sect 1. numb 17. sect 2. numb 14. Where they may justifie the breaking of a House chap. 7. sect 1. numb 10. sect 2. numb 10. Arrest a man out of their Precinct chap. 7. sect 1. numb 11. sect 2. numb 6. chap. 1. sect 6. Where they may beat wound or kill a man chap. 7. sect 1. numb 14. sect 2. numb 6 5 11 15. Where they may Arrest the body of a man chap. 7. sect 1. numb 6. 11. 18. sect 2. numb 12. Where and how they may search chap. 7 sect 2. numb 9 11 14 15. sect 1. numb 6 11 18. Where they may imprison a man chap. 7. sect 1. numb 14. Where they may seize Goods chap. 7. sect 2. numb 11. sect 3. sect 2. numb 4. chap. 1. sect 4 5 6. Where they may Fetter or Pinion a man or put him in the Stocks chap. 7. sect 1. numb 11 12 13. Where they may let a Prisoner goe chap. 7. sect 2. numb 10. What Account they must make chap. 7. sect 1. numb 19 20 21. The Office of constables of Towns chap. 10. The Office of High-Constables chap. 9. Correction House see Governor Custome What Custome or Prescription is good in choise of Officers chap. 7. sect 2. F Faires and Markets The Owners and Rulers of Fairs and Markets and their Office chap. 20. G Gaole see Keeper Governour of the House of Correction What he is His Office and Duty chap. 5. H Hayward How he is made His Office chap. 16. K Keeper of the Gaole His Office and Duty chap. 6. M Ministers The Ministers Office about Civil things chap. 19. O Officers Of Officers in general chap. 1. Overseers of the Poor What they are and how made chap. 12. R Register of a Parish How he is made His Office and Duty chap. 14. S Supravisors or Surveyors of the High-wayes How they are made And their Office and Duty chap. 13. T Treasurers of the Countie Stock For maimed Souldiers Widdows and Children chap. 2. For relief of Prisoners in the Kings Bench and Marshalsey For the Prisoners in the Gaole W Watchmen Their Office and Duty chap. 18. FINIS