PRESENTED TO THE LAW LIBRARY 
 BY 
 
 H.E. Hernschorn Law Library Endowment 
 


 p 
 
 CONST AffEL. 
 
 Churchwardens, Overfeers of the 
 Poor, Surveyors of the High-ways 
 Treafurers of theCounty-Stock, Mahers 
 of theHeufe of Corre<afon, Bayliffs of 
 Manias, Toll-takers in Fairs, &c, 
 
 V A .■ % 
 
 treatise- 
 
 Briefly (hewing 
 
 The Extent and Latitude of the fe- 
 
 veral Offices, with the Power of the 
 
 Common 
 
 Law and Statute, according to the fe- 
 thrLw'^'^'^'°"* Alterations of 
 
 The Sixth Edition E nlarj^ed. 
 Collefted by Geo. Meriton^ Gent. 
 
 ^ Smbridge, A. Roper, 
 
 siChb i R%%r ^ 
 
 Booxfellers in fim-firttt and mber/, 1679* 
 

To all Conftablcs, Tytiiing^ 
 men , Hcad-borroughs , 
 Burfholders, isfc. 
 
 SIRS, 
 
 H Aving many times confider^ 
 ed of the large Extent of 
 the Conjiables Offce^ and 
 hovp little skill or k^ovpledg many of 
 you hiwe^ vpho are often called to take 
 upon you the fame O^ce^and alfbhoro 
 I few Authors there be who have writ 
 on this SubjcH^ Mr. Lambert, Afr. 
 Wingate, and Mr. Sheppard being \ 
 the Chief whoje Rules at this day are 
 very unjafe for theConfablesto Jquare 
 their A&ions by : for Mr. LambertV 
 Book, being a Dijeourfe principally of 
 the Common Law CajL^ is now much 
 altered by Statute (tnee^andthat Book, 
 of the O^ce of a tonfable Fathered 
 upon Mr. Wingate, lam verily per- 
 fivaded was none of his Work.h fir 
 A 7 there 
 
there are fame imwarraMtable Au- 
 thorttips atid grcfs Errors hi it,n>hich 
 could not have JliPpcd his ingenious 
 Pen if the Work^ had been his ^ and 
 for Mr. Sheppard / Booh^, it is Jiuft 
 full of ABs and Ordinances of that 
 Convention at Weftminfter ( which 
 in the late times of Ufurpation and 
 Rebellion was owned for a jParUa- 
 ment) which Ordinances ardaiow of 
 m force Therefore none ofthefebe- 
 ing fafe and warrantable Rules for 
 the Conjiables to walk^ by^ but blind 
 Guides to lead them into the by-paths 
 and crookpd Meanders of many Br- 
 % rors 5 T thought thereupon that fomc 
 little Treatife of this SubjeB might 
 not only prove very ufefuf but alfo 
 very beneficial for the generality of 
 People of this Kingdom which con- 
 (ideration hath occafioned me to pub- 
 'lifij this fmall unpolijljed Epitome 
 and though I kljow the BookjwiU fall 
 under many hard Cenfures of thofe 
 who are far better able to undertake 
 
the IVorh . , J>^t 1 hope^De^Frkffds^ 
 my veillingnefs to contribute any thing 
 tO: your Service^ though but a Mite, 
 doth claim your favourable Accep- 
 tance of my pains 5 Remembring the 
 
 old faying eft voluiiie (atis, 
 
 and there is nothing of fi little re- 
 gard, but hath fomething of roorth 
 
 and dire&ion it was coUe&ed and 
 publifjed by him , hind Friends , 
 vphofe ambition and deftre is, and 
 fjaU be 
 
 Red-Hall, Y ours ready to fcrve 
 Feb. 25^ 
 
 in it, and I dcjpair not of fome pro- 
 fit hence to you for whom it is inten- 
 ded, and for whofe eafe, fatisfa&ion 
 
 i 6^d. in what he may. 
 
 A s 
 
 The 
 
,, l,l., ■ 
 
 The Contents of the Chap- 
 ters. ' 
 
 Chap. i.A^F the Derivation of the 
 V.^ vpord ConAable, horv ma- 
 ny font of Conjiablefy the Antiquity of 
 the Office, the Jeveral AffeUations if 
 thit Officer in fever al placer^ rvho ought 
 to be chifen to the faid Office, and hoa> 
 and where to be fworn, with the Form 
 of the Conff able f Oath. Pag. i. 
 
 Chap. 2. Dhe Conff ables Office about Af- 
 
 frayx. 15 . 
 
 Chap. 3. The Conff ablex Office about Ale- 
 houfex, See. 18. 
 
 Chap. 4. The Conffablex Office about 
 Armx. 2 2. 
 
 Chap. 5. The Conjlables Office edxmt F 0- 
 rein Bone Lacex, Cuttpork^^ Imbroide- 
 ty> &c. 2 5. 
 
 Chap. 6, The Confiablex Office about Irifli 
 Cattle- 26, 
 
 Chap. 7. The Conffablex Office about 
 Chimney Money. 2p. 
 
 ^ap. 8 . The Cotflablet Office about 
 CoHveniiclei. 32, 
 
 Chap. 
 
The Contents. 
 
 Chap. p. 'ihe Cottftables Office about Clo- 
 thiers. 
 
 Chap. 10. "Ihe Conflablei Office about the 
 Cujiomt. j- 
 
 Chap. II, ’The Cwfiables Office about 
 Setting Vogs, 8cc. 140. 
 
 Chap. 1 2. The Corffiables Office about E~ 
 fiapes. 
 
 Chap. 13, The ConjlabUs Office itbbitt 
 Excife, 
 
 Chap. 14. The ConJiablej' Offi.ee ^aboat 
 
 46. 
 
 Chap. 15. The Confiables Office about 
 Forceable Entriet, Sec. . ' 48. 
 
 Chap. 1 6. The Confiables Office about 
 Hedge-breakers, dec. Ibid. 
 
 Chap. 17. The Confiables Office about 
 High-Tvays. ,-2_ 
 
 Chap. 18. 7he Confiables Office ablu’t 
 Stoned Horfes. 
 
 Chap. jp. The Confiables Office about 
 Hue-amd~Cry, ^2. 
 
 Chap. 20. The Confiables Office about 
 Labourers and Servants. 6±. 
 
 Chap. 21. The Confiables Office about 
 Malt-makyng. ^8. 
 
 Chap. 22. The Confiables Office about 
 the Mildta. 7<> 
 
 Clijip* 
 
The Contents. 
 
 Chap. 23. T/?e Conjhbles Office about 
 Mofs-'iroofers. 71 - 
 
 Chap. 24. "ihe Conjiables Office about 
 dijiurbing Miuiliers. 72. 
 
 Chap. 25. ‘Ibe Co)ffiahles Office about 
 the Feace. 7 4 * 
 
 Chap. 26. 7 he Conft ablet Office about 
 ^Fhyficians, ' 77 * 
 
 Chap. 27. 7 be Conftables Office ab ut 
 the Flague. Ibid. 
 
 Chap. 28. The Conjiables Office about 
 conveying Prifoners to the Gaol, 79 - 
 Chap. 2p. The Conjiables Office about 
 Purveyance^ 8r. 
 
 Chap. 3P. The Conjiables Office about 
 Quarter-Monies j or Maimed Souldiers^ 
 Prifoners i &c. ^ 7 * 
 
 Chap. 31. Ihe Conjiables Office about 
 Popijh Recufants. 8p. 
 
 Chap. 3 2. The Conjiables Office about 
 Riots and Routs. pi. 
 
 Chap. 33. The Conjiables Office about 
 Rogues and Vagabonds, . P 4 - 
 
 Chap. 34. The Conjiables Office about 
 prophane Srvearing. 105. 
 
 Chap. 35. The Conjiables Office about 
 prophaning the Sabbath. id. 
 
 Ghap. 5^- The Conjiables Office about 
 Tobacoo Planting, lop, 
 
 Chap. 
 
The Contents 
 Chap. 37. T'be Conjiablet Office about 
 Weights and Mtajuret, no. 
 
 Chap. 38. ‘Ihe Cotijiables Office about 
 Watches. 
 
 Chap. 3p. the Cottfiables Office about 
 . executing Warrants. 115. 
 
 The Contents of the Chapters in 
 the Churchwardens Office. 
 
 Chap. I. ^ He Antiquity the Cburch- 
 Tvardens Office^ and bow 
 they are to be ehofen. 127. 
 
 Chap. 2, 'Ihe Churchwardens Office about 
 Prophanation of the Sabbath^and of the 
 Church. JJ2, 
 
 Chap. 3 , Some few Cafes concerning Adi., 
 ons for and againfi Churcbwardens.i^^. 
 
 Chap. 4. 2 he Churchwardens Office about 
 diJj>ofing of Seats in tbiir ChureheSit^z. 
 
 Chap. 5* Ihe Churchwardens Office about 
 Reparations and Rates. 145. 
 
 Chap. 6 . Some Cafes wherein the Church^ 
 wardens are equally concerned with the 
 Conjiables and OverJeers of the Poor. 
 
 152. 
 
 Chap. 7 Ihe Churchwardens Office about 
 
 faffing 
 
pajpag Accounts , together voith the 
 beads of moji of the things uhich they 
 are to prefettt at the Viftation Courts . 
 
 156 
 
 The Contents of the Chapters in the 
 Overfcer of the Poor s Office. 
 
 Chap li/^F the Antiquity of the Ofi~ 
 cer, their QttalificatioHSy 
 and how and when to be cbefen. 1 ^ 5 * 
 
 Chap. 2. Of the feveral forts of poor peo- 
 ple, and what Toor the Overfeers are to 
 provide- far and relieve^ or fet to worh. 
 
 j6p> 
 
 Chap. 3. The Duty of the Overfetrs about 
 putting forth and binding Apprentices^ 
 with the Form of the Indenture for fucb 
 purpofe. 175* 
 
 Chap.4.. Several Cafes about Settlements, 
 and alf) touching Bajiards, &cc^ 183. 
 
 Chap. 5. Jhe Overfeers Office in making 
 of Rates, and paffing Accounts, i $ 6 , 
 
 The 
 
The Contents. 
 
 The Contents of the Chapters in 
 the Surveyors Office for High- 
 ways, &c. 
 
 Chap. I. choice of thefe O 0 i- 
 
 «r/, hove many forts of 
 vesys there are, with fome few general 
 Cafes concerning High-ways. 205. 
 
 Chap. 2. 7 he Duty of the Surveyors about 
 fetting and caOing the Parijhioners to the 
 common day-wor^ for the High- ways, 
 and about taking and digging for (f ra- 
 vel. Chalk,, Sand, Sic. 210. 
 
 Chap. 3. The Surveyors duty about cutting 
 down Buflres, Trees, andfcowring <f Dit- 
 ches in the High-ways, and alfo touching 
 Prefentments and Inquiries about de- 
 faults in pajjtng Accounts, and fravel- 
 ling(f Wagons, Wains, &c. 217. 
 
 Chap. 4. Some heads of the Stat. 1 4. Car. 
 2. ch. 2. concerning the Ways, Sewers, 
 Pavements, &c. in London j and the 
 Scavengers Office. 226. 
 
 Chap. 5. Some particulars gathered out of 
 the Ads, 15 Car. 2. ch. i. & 16, 17 
 Car. 2. ch. to. about the repair of 
 the Higb-ways in the Northern Poli- 
 
 Koad 
 
The Contents. 
 
 Road from London to York, &g. 
 
 233, 
 
 Chap. 6. Several Cafes about the Re- 
 fairs of Bridges, with the Names of 
 the Statutes, which concern f articular 
 Bridges. 242. 
 
 "The freafurers Ofrice for Maimed Soldiers 
 and Mariners in general. 251. 
 
 “The ‘treafurers Office for Frifoners and 
 Hofpitals, dec. in general. 261. 
 
 "the Office of Mafters of Houfes of Corre- 
 Sion,and of th$ Work; houfes in London 
 and Wcftmlnfter, &c. in general. 26’]. 
 "the Office of Bayliffs of Mannors in ge- 
 neral. 277. 
 
 "the Duty of Covernours of fairs and 
 Markets, See. iit general. 281. 
 
CO 
 
 A 
 
 GUIDE 
 
 FOR 
 
 CONSTABLES, &c. 
 
 C H A P. I. 
 
 Of the Derivation of the word Conftable 
 how many forts ofCojfiables.theAntil 
 gntty of the Office, the feveral AppeUa. 
 
 ttons of this Officer in feveral places 
 who ought to be chofen to the faid Of 
 pee, and how and where to be /worn 
 with the form of theConjiahles Oath. ’ 
 
 T H E word Conjiable is derived 
 or compounded of two oFd 
 Saxon words, Cuninge, or Ki- 
 
 j e fignifierh King. 
 
 and Stable lignifying Stability, fhewing 
 
 nat tfac/e' ancient Officers were repu- 
 
 ted 
 
A Guide 
 
 ted to be as the ftability or ftay of the 
 Kins, and Kingdom : Co. 4. Infl. 
 
 fol. 123. Lamb.OfficeofConfi. ^.&'Dalt. 
 
 7. P. c. 
 
 There are only two forts ot Conlta- 
 bles, of whofe Office this Treatife ma- 
 keth particular mention , and that is 
 High Conltables of Hundreds , and 
 Petty Conftables in Towns and Pa- 
 rifhes. 
 
 Now by the opinion of Tome men, 
 thefe High Conftables were firft or- 
 dained to be chofen by the Statute of 
 Winchejier^ and they were to make view 
 of Armour twice every year , and to 
 pref nt before the Juftices affigned 
 defaults of Armour, Watches, High- 
 ways, Hue and Cry > and alfb fuch as 
 lodged Strangers for whom they 
 would not anfwer. Lamb. 5 - 
 
 C. V. 13 £. I. c. 6. Dalton s J. P. 
 
 c. i 6 .foL 4 < 5 . ^ n 1 1 • 
 
 And that the Petty Conftables m 
 Towns and Parifhes, were after devifed 
 for the aid of the High Conftables of 
 Hundreds, about the beginning of the 
 Reign of King Edward the Third. 
 JLamb. Duty Conji. fag. p. 
 
 But others arc of opinion, that the 
 
for Conjiables^ See. ^ 
 
 High Confiables were ConfervatorS 
 ot the Peace within their fevcral Hun- 
 dreds and Limits, by the ancient Com- 
 mon Law. Crom^t. 6 , & 222, 12 H 't 
 fol.iS. ' 
 
 And that whereas the Sheri/Ts of 
 Counties at the firft had the Govern- 
 nient of their Counties committed to 
 them, that afterwards by reafonofthc 
 multitude of people, it being then too 
 great a task for one man to undertake 
 thereupon Hundreds were deduced 
 and derived out of the Counlreys, and 
 in every one of them was ordained a 
 Conlervator of the Peace , who was 
 called the High Conftable j and after 
 this Boroughs or Towns were made 
 and within every one of them alfowas 
 ordained a Confervator of the Peace 
 who is called the Petty Conftable : and 
 
 the Third, as appears by thf 
 derivation of the words, and that’ they 
 were m the time of the Sax^f^ fo that 
 It may feem as well the High Confta- 
 bles as the Petty Conhables and their 
 Au^orities were by the Common 
 . * that the old Statutes con- 
 cerning them, arc but a Recital of th 6 
 
 ^ 2 anci- 
 
4 
 
 A Guide 
 
 ancient Cottunon Law, 1 2 H. y.fol.iS. 
 a. Valton’s J. P. c. 1 6 .fol. ^6. 
 
 Now there be other Officers 01 much 
 like Authority to theConftables, as the 
 Buiiholders in Kent , the th rd Bur- 
 rouffh in Warwickshire^ and the Tyth- 
 ingman, Borrdugh-head , or Headbur- 
 loughor Chief Pledge mother places* 
 but yet the Office of a Conftable is di- 
 ftinifl: and ( as it fcemcth ) is of greater 
 Authority then thefe other ; for it is 
 held by forne that thefe Burfholders, 
 Thirdburroughs , Tything-men , &c. 
 being in a Town or Pariih where a 
 ConLble is, that in fuch cafe they 
 tannot meddle, becaufe the Conftables 
 be (in comparifon of them) Head Offi- 
 cers, and that the others are but as Af- 
 fifiants to the Conftables in all Servi- 
 ces of his Office when the Conftable is 
 prefent , and in his abfence then thefe 
 others are to attend the fervice i and 
 that there are many other things which 
 the Conftables may do, and wherewith 
 the Burfholders and the reft cannot 
 meddle at all i and] yet in Towns where 
 there be no Conftables , and that the 
 Burfholders, Tythingmen,e^c. be there 
 the only Officer i for the Peace, as alfo 
 
 in 
 
for ConJlablesf)C.c. 5 
 
 in fuch cafe where the Power or Au- 
 ^orify of a Burftolder, Tythingman, 
 is declared to be equal with (he 
 power of the Conftable, in all fuch ca- 
 fes and things, their Office and Audio- 
 rity be in a manner all one. See i Jac. 
 c.-j. Umb fag. 4,5,p,5 i , 5 2 ,5 3 , 5 4, 5 5 . 
 Dalton s J. P. cb. i. fol. 3, 4. 
 
 Where any Statute doth appoint of- 
 fenders to be puniflied bytlie Confta- 
 ble, or other inferiour Officer, in fuch 
 ofe the Tythingman , Headburrough, 
 &c. may do it, for they are fuppofed to 
 be inferiour Officers to the Conftabk.. 
 Dalton s J. P, ch. i.fol. 4. 
 
 Note that thefe Officers are to be 
 attendant to Court-Leets , Juftices of 
 the Peace, and Coroners , for the ciic- 
 cuting of their Warrants, witliin their 
 feveral Precin(fts. 
 
 And now as to the choice of thefe 
 Conlhbles , you fhall underftand that 
 the Law requireth that every Conftable 
 be Idoneus homo^ that is, apt and fit for 
 the execution of the faid Office, and he 
 is faid in Law to be Idoneus^ who is in- 
 dued with thefe three things, honeffy, 
 knowledge and ability. Co. 8. lib. Kep. 
 fol. 4 r , in Griejlyet cafe there. 
 
 B 3 Firft, 
 
5 A Guide 
 
 Firft, he ought to have Honefty to 
 execute his Office truly, without ma- 
 lice, affediion or partiality. Secondly, 
 Knowledge to underiland what he 
 ought to do. And lalily, Ability as well 
 in fubftance or eAate, as alfo in body, 
 that fo he may attend and execute his 
 Office diligently, and not, through im- 
 potency of body or want, to negledl 
 the place ■> for Conftablcs chofen out 
 of the meaner fort , they are eitiier 
 ignorant what to do, or dare not do 
 what they ffiould , or are not able to 
 fpare the tim.e to execute the Office : 
 they ought therefore to be of the ablcft 
 fort of men, and are not to be chofen 
 Cither by Houfe or other CuAom, if they 
 be not fit perfons for the Office. Co. S. 
 lib.rep.fol. 0^1. 
 
 And if any one fliall be chofen Con- 
 Aable , which is not thus qualified and 
 inabled, he may by Law be difeharged 
 of his faid Office, and another fit man 
 may be appointed in his place. Co. 8. 
 tib.rep.fol, 42. 
 
 Clergy-men , Jufiices of the Peace, 
 Lawyers, Phyficians, Attorneys , Wo- 
 men, whether Maids or Widows, Mad- 
 iTJcn, Infants, old, fick , decrepit per- 
 fons 
 
for Cof/Jiables^Sic. 7 
 
 fons , nor poor people , are not to be 
 chofen to the Office of Conftable. 
 
 And note, that a man is to ferve this 
 Office in refpetff of his perfonal abode 
 and place of Refiancy , and not in re- 
 fp£& of his Land in another place, fcr 
 if he have Lands in one place, and keep 
 houfe in another place, he mult lerve 
 where he lives , and not where his 
 Lands lie. 
 
 Acuftom in a Pariffi or Town, that 
 the Office of Conltable fhall go by the 
 houfe,is not good i for if a woman have 
 an houfe there, (he is eligible, which is 
 againff Law j but a cu/iom that every 
 man, fufficient in the place, fhall fcrv'c 
 the Office himfelf, or find a fufficient 
 man to ferve it , may be good. Cro. i. 
 Part. 'Rep.fal, 285. 
 
 A Leet choofing unable or unfit 
 Conllables is caufe of forfeitttre of the 
 Leet, and fuch choce is void, and two 
 Jullices of Peace , upon complaint to 
 them made, may remove fuch a Confta- 
 ble, and choofe and fweaf a nevv one. 
 T>ah, J. P . c. 16. fol. 47. Steels Rep. f. 
 
 2 1. Mich. 22 Car.i, B.R. BoljlecRs i tart. 
 
 Rep. fol, i/4« 
 
 The High Conftables are moft ufu- 
 E 4 ally 
 
8 A Guide 
 
 ally chofen at the Qiiatter Seffions of 
 the Peace for that County, and ate ei- 
 ther to be fworn there, or elfe by war- 
 rant from the Seffions to be fworn el(e- 
 where i and if it happen that they be 
 chofen out of the Seffions, then ought 
 they to be chofen by the greater num- 
 ber of the Jultices of that ' Divilion 
 where they dwell. Lamb. ipo. 13 E. i. 
 Stat. Winch. Dalt. J. P. ch. i6> fol. 
 
 And in fuch manner as they are to be 
 chofen, in the fame manner, and by the 
 like Authority are they to be removed v 
 ^Qxeodem modo quo quid conjlituiiHr^ dif~ 
 folvitar. 
 
 By the Stat. of the 34 H. 8. Two 
 Juftices of the Peace, the one being of 
 the ^orum , may appoint the High 
 Conftables in Walet^ 34 H. 8. ch, 26. 
 
 Now for the Swearing and choofing 
 of petty Conhables, it properly belongs 
 to the Court-Leet, but in ancient time 
 they were yearly appointed by the She- 
 ri/ls in their turn, and wae there fworn 
 and received their Oath, and fo they 
 may ftill. bacons ufe of the Larv^ pag. 5, 
 6. Dalt. J. P. c. id. fol, 47. &ch. 121. 
 
for Conjliibles^ 8cc. p 
 
 And now by the St at. 14 Car. 2. It' 
 is provided that if any Conftable of a 
 Parifli die, or remove, that any two 
 Ju/iices may make and fwear a new- 
 one, to continue till the next Leet or 
 Qitarfer Sedions, and then the Steward 
 of, or in the Leet or Juftices at the. 
 Seffions are to fwear another, or to ap* 
 prove of him that is choicn •» and if a- 
 ny fuch Officer fliall continue in his 
 place above a year, the JufHcesat their 
 Quarter SeiTions may dilcharge him, 
 and put another in his place, till the 
 Lord of the Leet fhall keep his Court 
 and place in another. 14 Car, 2. cb. 
 12. 
 
 Confiables lawfully chofen, if they 
 ihall refufe to be fworn, the JiilHces of 
 Peace may bind them over to the Af* 
 fifes, or Setlions of the Peace, Valt. J. p. 
 cb. ] e.fol. 47. vide Cramlyes Cafe. Cro. u 
 Pari.fol.^cc). 
 
 A Conhable of an Hundred or Pa- 
 riih, may not make a Deputy to exe- 
 cute his Office, as fome hold opinion 
 but a Deputy may do under him many 
 parts of his Office in his Name, fo fiilj 
 as the Conflable muff anfwer for it. Boi- 
 fired/ ^ Part, Rep. 
 
 5 
 
 If 
 
lo A Guide 
 
 If any A<ftion be brought aga nft a 
 laftice of Peace, Maior, or Bailiff of a 
 
 Corporation, Headborough, Port- ^eve, 
 
 Conftable, Tythingtnan , Colle6rorot 
 Sabfidks or Fifteens , Churchwardens, 
 Sworn-men, Overfeers of the Poor, or 
 their Aififtants •, for any thing done by 
 realbn of their fcveral Offices, tney may 
 plead the general iifue, and give the fpe- 
 cial matter in Evidence. 7 c, 5.^2 1 
 Jac.c. 2 2.Wi»gate Abr.St.T, hie Evidence. 
 
 And all Adtions, brought againff fuch 
 Officers, muft be laid in the County 
 where the fa<S was done , and in cafe 
 where the verdi< 9 rpa(Tes for the Defcn- 
 dantjor the Plaintiff is Non-fuit, or dif- 
 continues bis fuit, the(e Officers flialf 
 be allowed double colts, to be recovered 
 as other Defendants recover their colts. ^ 
 7 Jac. c. 5. 2 I Jje. c. 12. Wingate Abr. 
 Stat. ‘dit. Evidence. 
 
 The form of, the Conftablcs Oath is 
 as followetht 
 
 Y 0 » ^aU frvearweU and faithfufyte 
 ferve out Soveraign Lord the Kiugy 
 and the Lord of the Manour^ in the Office 
 ef a Conllahle j you ffi all, fee the Ktngs 
 
 Peace 
 
for ConJiabJes^ See. 1 1 
 Teace in hs mil and duly kfpt and prefer •• 
 ved to the utmofl of your ponder \ you fjal 
 Arrejl all fuch perfons in your prefence 
 fj all fide or go armed cjfenfwely^ or fhall 
 commit or make any Kiof^ Affray^ or other' 
 breach of the Kings Teace \ Ton f jail do 
 your bg(i indeavour that the Statute of 
 Winchefter for the Watch in your Town 
 be duly kfpt^ and that Hue and Cry, and 
 the Statutes for punijhment of liurdy Beg^ 
 gars^ Kogues^ Vagabonds^ Night-vaalk^rs^ 
 and other idle and rvandring perfons 
 Within your Liberties be duly put in exe^ 
 cut ion : Ton (hall do your he{i endeavour 
 upon Complaint to you made to apprehend 
 all Felons^ Barrators-, Rioters^ and pcrfns 
 making Affrays^ and if any fucb perfons 
 fjall make refinance with force ^ you jh all 
 levy Hue and Cry ^ and fljall purfue them 
 till they be tak^n \ you (hall have a rrjtch- 
 ful eye to fuch perfons as (hall maintain or 
 kgep any common boufe or place ^wh ere any 
 unlawful Gamer or Flays are or (hall be 
 ujed^as alfo to fuch perfons as (hall frequent 
 or ufefuch places ^or jh all exercife or ujea^ 
 vy unlawful Games or Flays therefor elfe‘^ 
 where contrary to the Statute. At your Af 
 fzes^SefJionsyr Leet you jhall prefect all & 
 every the offences committed or done con* 
 
 trary: 
 
12 
 
 A Gfiide 
 
 trary to the Statute! rM<ie and provided 
 for the rejiraint of inordinate haunting 
 and tipling in T^averm^ Inns^ and Ale- 
 houfes^ and for repre^ng of drunkennefs 
 and prophane fweartng^ Tou Jhall true 
 prefentment maks of all bloud{hedding^ 
 Affrays^ Outcryes ^ Eefcues, and other 
 offences committed or done againfi the 
 publicly? eace^ within your Limits : Tou 
 jhall well and truly execute all Precepts 
 and If^arrants to you direUed from the 
 Jujiices of Peace^ and others in Authority< 
 inthis County : and you (hall weV and du- 
 ly^ according to your k^torvledg^ power and 
 ability^ do and execute all other things be- 
 longing to the Office of a Con\i able ^ Jo long 
 as you Jhall continue in the faid Office. 
 
 So help you God. 
 
 Or the Oath rrjay be given to the 
 Conftable in (hort thus > 
 
 Y Ou ffiaU fwear that yeu (hall well and 
 truly execute the Office of a Conjiable 
 (orTythingmanfor the Parijh (orTyth- 
 ing) of C.for this next y ear ^or half a y car ^ 
 as the cafe is ) and until another be Jworn 
 in your Koom^ or you jhall be legally, dif- 
 charged thereof. 
 
 So help you God. 
 CHAPo 
 
for Conjiables^ &c. 
 
 
 CHAP. II. 
 
 l.he Conjiables Office about Affrays. 
 
 I F any man fliall make an Affray or 
 Affault upon another in the prefence 
 ot the Conftable, or if any man in his 
 prefence fhall threaten to kill, beat or 
 hurt another, or fhall be in a fury rea- 
 dy to break the Peace, in every of thefe 
 cafes the Conftable may commit the Of^ 
 fenders to the Stocks, or to fbme other 
 fafe cuftody for the prefent f as the qua- 
 lity of the perfon requireth ) until fuch 
 fimf jas he can carry them before fbme 
 Juftice of the Peace, or to the Gaol, 
 until they fhall find Sureties for the 
 Peace, which Surety the Conftable him- 
 fclf may alfo take by an Obligation 
 to be fcaled and delivered to the Kings- 
 ufe: and fo was the opinion of JFalme- 
 Jly, OrreH, and Beamond, in the Argu- 
 ment of Sk^rrett’s Cafe , Eliz, 
 
 Co. Ban. Rot. 1458. But my Lord An- 
 derfon faid that the Conftable ought to 
 carry the parties that he fhould fee 
 breaking the Peace, before a Juttice to 
 find Sureties for the Peace j and at this 
 
 day. 
 
A Guide 
 
 day this is the molt ufual and fafeft waV, 
 vide 3 h. o. Bacons ufe of the 
 
 Lano^fol. 5. Valt.J. P, c. 5 - ^ 
 
 c. 1 L^.fol.:^ 40. Kitthin’s Court- Leef^&c. 
 fol, 6 p, a 22 V.,e^.fol. 55. 
 
 In calc where the Gonftable had fa-r 
 ken fuch an Obligation to the ufe of 
 the King, he was to fend it into the 
 Exchequer or Chancery, from whence 
 procefs ihould be awarded to levy the 
 debt, if the Peace were broken. T>al- 
 torPs J. P. c. i.fol. 5. Bacon''s ufe of the 
 l.arv 5. 
 
 The Conftable in the Kings Narne 
 ought to command Affrayers, or fuch 
 as are about to make an Affray, to a- 
 void or furceafe, and to depar' on pain 
 of Imprifonment ■> and if the Condable 
 being prefent at an Affray, doth not his 
 beli endeavour to part them, it being 
 prefented by the Enqueff at the Seffions 
 of the Peace , fuch Con liable may be 
 fined for it. VaUi Ji P.c & fol. 33. 
 
 If any perfon be dangerouily hurt 
 in any Affray , the Conftable ( or any 
 other peifon ) may arreff the offender, 
 and carry him to a Juftiee of Peace, 
 who is either to Bay! him till the next 
 Gaol Delivery , or to commit him to 
 
for Cofrjlables^ See. 1 5 
 
 the Gaol until it be known vvhether 
 the partly hurt will live or dye thereof^ 
 Bro. faux Impr. 35. 44. 3 H. 7. i. 10 
 H. 7. 20. Lamb. 136. 38 E. 3.8. & ii. 
 Valt. J. P. ch. 8. fol. 33. Kitohin fol. 
 dS. 
 
 rf the Affrayers will not depart but 
 (hall draw weapons, or give any blow, 
 the Conllable may command affiftance 
 of others for the pacifying of the Af^ 
 fray , aird may juftifie the beating cr 
 wounding of them, if they make refi- 
 nance, and if either the Conflable, cr 
 any in his Alliftance be (lain, it is mur- 
 der in the Affrayers. Lamb. 155 . iH.j. 
 7. 3 H. 7. 10. Co. 4. hb. rep. fol. 4. & 
 Co. p. hb. rep. fol. 66 . 
 
 The Conflable (if the Affray be great 
 or dangerous ) may in the Kings Name 
 make Proclamation that the Affrayers 
 (hall keep the Kings peace, and depart, 
 &c. And if the Affray be in an houfe, 
 and the doors (hut, the Conflable may 
 break into the hou(e to fee the peace 
 kept, though none of the parties have 
 taken any hurt j and if the Affrayers-, 
 fly into another mans hou(e , the Con- 
 flable upon fre(h piiriiiit may break in- 
 to fuch houfe, and apprehend the Af- 
 frayers*, 
 
 
1 6 A Guide 
 
 frayers. Valt. J. P. ch. 8. fol. 34 * 33 ‘ 
 Lamb. 1^'), J 
 
 And where the Affrayers fly into 
 another County , the Conftable feeing 
 this, may freflily purfue, or caufe them 
 to be purfued, and to be taken there : 
 but then in fuch cafe the Conftable can 
 meddle no further (but as every private 
 man may do) to carry them before fbme 
 Juftice of Peace of the County where 
 they ave taken , to caufe them to find 
 Sureties for the Peace, Crompt. i/^ 6 , b, 
 & 1J2. b.Dalt.ch. Z.fol.'^if.&ch.iiZ. 
 fol. 340. Plo. 37. 
 
 But in cafe where the Affrayers fly 
 into a Franchife only within the fame 
 County where the Affray was, there 
 the Conftable, feeing this, mayfrefhly 
 follow and take them out of fuch Fran- 
 chize, Crompt. 1 46. Valt. J. F. ch. 8. 
 fol. 34 * 
 
 Note that after the Affray be over, 
 the Conftable without a Warrant can- 
 not arreft the Affrayers, except fome 
 perfon. be in peril of death by fome 
 hurt there received > but before the 
 Affray begun , and during the time 
 thereof, & may arreft them without^ 
 Warrant, 38 H. ^ro. faux Jmpr.di 
 
 Valti 
 
for CoMjlahlesf>z.c. 1 7 
 
 T>alt, J. P. ch. S.fol.^^. Kifchin 6p. b. 
 Where the Affray is made out of the 
 prefence or fight of the Conftable, and 
 one comcth to the Conltable and telleth 
 him of it, and wiflicth him to go and 
 fee the Peace kept, and the Conftable 
 will not, in fuch cafe it is held by 
 fome that the Conftable (hall not be fi- 
 red by the Juftices at their Seftions up- 
 on prefcntment thereof by the grand 
 Enqueft > but qutre hereof, for it is a- 
 gainft his Oath if he do not fee the 
 Peace kept, Cromp. 145. Valt. J. P, 
 
 Note that it is properly no Affray, 
 unlefs there be fome weapons drawn, 
 or fome ftrdke given or offered to be 
 given, or other attempt to fuch pur- 
 pofe : for if men fhall contend only 
 in hot words, this is no Affray, neither 
 may the Conftable for words only lay 
 hands upon them , unleft they fhall 
 threaten to kill, beat, or hurt one ano- 
 ther, and then may the Conftable ar- 
 reft fuch perfons, and carry them be- 
 fore a J uftice of Peace, to find Sureties 
 for the keeping of the Peace j and yet 
 fuch threatning as aforefaid , is no Af- 
 fray. Ere. faux Impr, 6, Cromp. 135. 
 
 Valt, 
 
1 8 -A Guide 
 
 Valf. J. P. ch, 8. fol. 34- & 158."^ 
 If any a/Fray or an aflTauIt be made 
 upon the Conllable himfcif, he may 
 not only defend himfelf , but alfo put 
 the parties offending in the Stocks, 
 till fuch time as he can carry them to a 
 J uftice of Peace , or to the Gaol » and 
 if he be not able to arrell them him- 
 felf, he may then call others to his af- 
 fiftance, who may juftifie to arreft the 
 parties. 5H7. d. Bro. faux Impr. 41. 
 3 H. 4. fol. 1 o. & Valt. J. P, ch. & 
 fol. 3 5. Kuchin fag. 6 p. a. 
 
 CHAP. III. 
 
 "ihe Confables Office about Alehonfet^Bcc, 
 
 I F the Conftables and Churchwar- 
 dens upon a Warrant dire<fted to 
 them from one or more Juhices of the 
 Peace, againh an Inn-keeper, Alehoufe- 
 keeper or Vidualler, for fuffering Tip- 
 ling in his houfe, or for his meafure of 
 Ale and Beer, do not reftrain and levy 
 the forfeitures according to the Sta- 
 tute i that is 20 s. for felling lefs then 
 full Ale quart of the beif Ale or Beer, 
 
for CofiJiaUesJ^c. 
 
 or two quarts of the fmall for one pen- 
 ny, and 10 s. forTiplingin hishoufcj 
 or of there be nodihrefs to be found, if 
 tli: Officers negle< 9 : by the fpace of 
 twenty days to ccrtifie the fame de- 
 fault of diitreis to the Juflices, in any 
 of thefe Cafes the Officers forfeit for- 
 ty (hillings to the ufe of the Poor, to 
 be levied by diftrefs on their Goods by 
 Warrant made to any indifferent per- 
 fon , from any one or. more Juflices of 
 the Peace under their Hand and Seal, 
 and for want of Diftrefs , the Delin- 
 quents by any fuch Juftice of the Peace 
 may be committed to the Gaol , there 
 to remain until they have paid the 
 fame forfeitures i but note the diftrefles 
 in all thefe cafes muft be kept fix days, 
 and if the j a. tics do not within that 
 tim.e pay the foifeitures , then the di- 
 ftrefs is to be apprifed and fold , and 
 the overpluf returned to the owners. 
 Wingate Abr. St at. JHle Ahhoufes^ 8cc. 
 
 I Jtc. ch. p. ! Car. i. Dalton" s 
 
 J. P. ch, j,ful. 28. ToHttg’sVade Mecum^ 
 SeU. I, 2, 3. 
 
 Or if the Conftable, or other infc- 
 riour Officer of the Parifti , fhall neg- 
 ledi to execute the Juftices Warrant a- 
 
 gainft 
 
20 A Guide 
 
 gainft Townfmcn or others, for Tip- 
 ling in any Inn, Alchoufe, or Vi<ffual- 
 ling houfe , or againft men for being 
 drunk, that is 3 x. 4 d. for Tipling, and 
 5 s. for being drunk , to be levied by 
 diilrefs on the offenders Goods, and fale 
 thereof after fix days default of pay- 
 ment , rendring the overplus to the 
 owner, and for want of diftrefs, and not 
 being able to pay, the Tipler is to be'^ 
 fet in the Stocks for the fpace of four 
 hours , and the Drunkard fix hours > 
 and if i-n any of thefe cafes the Con- 
 Itable negledf to do his duty , he for- 
 feits ten fhillings to the ufe of the 
 Poor, to be levied upon his Goods by 
 diftrels and fale as aforefaid ; thefe o^ 
 fences are to be enquired of within fix 
 months after they are committed ; And 
 all Conrtables, Churchwardens, Head- 
 burroughs , Tythingmen , AlecunnerSj 
 and Sidemen , may be charged on their 
 Oaths to prefent the faid Offences. 4 
 Jac, ch. 5. 2 I Jac. ch. 7. Toun^s Vade 
 Mecttm^ 4, 5. Dalt, J. F. chap, 7. 
 fol, 28. Wnigittes Abr. Stat. litle, Ale~ 
 boufet^&c. 
 
 If any an Alehoufe without 
 Licence, he forfeits Twenty fhillings 
 
 to 
 
 
for Co»Jiahles^^c. 2 I 
 
 to the ufe of the Poor, which the Con- 
 ftable and Churchwardens f upon 
 Warrant from the Juihce before 
 whom the oiKnee is proved ) (hall levy 
 by diftrefs upon the offenders Goods, 
 and for default of payment within 
 three days after the faid dihrefs taken 
 then the fame k to be fold for to fatit 
 he the penalty, rendring the overplus 
 to the owner i and in cafe the Delin- 
 quent hath not wherewithal to fatiP 
 fie, the faid Jullke may commit him to 
 the Conftable to be openly whipped 
 and if the Conftable neglect to execute 
 the Warrant, or do refufe, or do not 
 execute upon the faid offender the 
 punifhment of whipping, then the Ju- 
 ftice may commit the Conftable to the 
 Gaol without Bail , there to remain 
 until the faid Offender fhall be by him 
 punifhed as aforefaid, or until the Con- 
 ftablc fliall pay 40 /. to the ufe of the 
 poor of the Parifti, 3 Jac. Chap.,, Win- 
 gate Abr, Stat, ‘Tit. Alehoufes &c, Dai- 
 
 ^ If a common Innkeeper or Alehoufe- 
 Keeper will not lodge a Traveller, he 
 profering to pay ready money for his 
 VKSuals, then in fuch cafe the Confta- 
 
22 Guide 
 
 ble may caufe fuch Innkeeper, AUhoufe- 
 keepcr, &c. to be Indided at the Sef- 
 lions or Affifes, where he may be fined 
 and imprifoned , or the party grieved 
 may have his Action of the cafe againft 
 the Innkeeper or Alehoufekeeper v but 
 note, they are not bound to lodge or 
 find Viduals without ready money firft 
 paid, if it be required. Co. p. Lib. Kep, 
 fal.^7. b. 10 H. 7. 8. 4 H. 7.22. 5 E.4. 
 2. Dalton's J- P. c. 7. fol. 28. 
 
 CHAP. IV. 
 
 T^he Conjiables Office about Arms^ &c. 
 
 I F any perfon (hall ride or go armed 
 offenfively before the Kings Juftices, 
 or before any other the Kings Officers, 
 or Minilicrs during their Office, or in 
 Fairs or Markets or elfewhere by 
 Night or by Day in Affray of the 
 Kings People, and breach of the Peace, 
 or wear or carry any Guns, Daggers, 
 or Piftols charged i in fuch cafe the 
 Conftable upon the fight hereof may 
 feiie and take away their Armour and 
 other weapons, and caufo them to be 
 
 ap- 
 
for CoKjiables^^C. 23 
 
 apprized and anfwered to the Kins as 
 forfeited , and carry them before a lu- 
 IHce to find Sureties for the Peace. 2 E, 
 3. c. 3. 7 K. 2. 15. 2oK. 2. c. I. 
 
 3.M 33. Co. 3.p;/rt. Infi. fol. 162. Dj/#.’ 
 J‘E’C.p. foL ^ 
 
 But note the Kings Servants in his 
 prerence. Sheriffs and their Officers, and 
 other the Kings Miniflers, and fuch as 
 be in their Companies affirting them in 
 the execution of their Office , and all 
 others in purfuing Hue and Cry, where 
 any Felony or other ofifences againft 
 the Peace be done, may lawfully bear 
 Armour or Weapons- 2 E. 3. chap. 3 
 Co. 5. Lib. Rep. fol, 72. i« johnh eafe 
 3 H. y. fol. I. T>ah. J. p. ch. o, fj 
 36. ' J 
 
 All High Conftables, Petty Con/ta- 
 bles, and other Officers within their fe- 
 verd Parifhes, are to be aiding and af- 
 lifling to fuch perfons as ffiall have 
 warrant from the Lord Lieutenants or 
 wy two of their Deputies under their 
 Hands and Seals, to fearch for and feize 
 all Arms m the cuflody and poffelKon 
 r -/"I P^rfon or perfons whom the 
 «id Lieutenants or their Deputies 
 mail judge to be dangerous to the 
 
 Peace 
 

 24 A Guide 
 
 Peace of the Kingdom, and to fecure 
 the fame, and give account thereof to 
 the faid Officers i but fuch fcarch is to 
 be made in the day time only between 
 Sun rife and Sun fet, and not otherwife, 
 unlefsit be in Cities and their Suburbs, 
 Towns Corporate, and Market Towns, 
 or houfes within the Bills of Mortality, 
 in which places fearch may be in the 
 night jif the Warrant ibdiretfi.No dwel- 
 ling houfe of any Peer of the Realm is 
 to be fearched, unlels the W arrant be 
 from the Kings Majefty under his Sign- 
 Manual, or in the prefence of the Lieu- 
 tenant or oneof the Deputy Lieutenants 
 of the faid County, or Riding. And in all 
 places and houfes aforefaid , where 
 fearch is made, in cafe of Refiftance to 
 enter with force j and fuch Arms fo fei- 
 zed , wiiere the Lieutenants or their . 
 Deputies, or any two of them think fit, 
 may be reftored to the owners again. 1 4 
 C<ir. 2.C. 3. 
 
for Confiabks^ See. 35 
 CHAP. V. 
 
 7be CoHfiables Office about Foreign Bone- 
 Laces ^ Cut-i^ork^^ Irubroidery^ 
 
 T He Confiables upon Warrant to 
 them\dire<9:ed from the Tuftices of 
 Peace, ot chief Officers of the Cities 
 I owns Corporate, e^c. are to fearch 
 within their rcfpe<3ivc Counties, Cities, 
 Towns, &c. in the Shops being open 
 Ware-houfes and dwelling honiToi 
 luch perfon or perfons » who lhall be 
 lufpeifted to have any Foreign Bone- 
 Faces, Cut- works, Injbroideries, Frin- 
 ges, Bandflrings, Buttons, or Needle- 
 works niadeofThred, Silk, or any or ’ 
 either 6f them, made in the parts^be- 
 
 where they find 
 any fuch to fehe the fame. 14 Car 2 
 
 CHAP. 
 
A Guide 
 
 26 
 
 CHAP. VI. 
 
 ’the Cotijiahles Office about Jriffi CatteJ. 
 
 I P any great Cattel, Sheep, or Swine, 
 or any Beef, Pork, or Bacon (except 
 fuch as is for the necelTary Provifion 
 of the refped^ive Ships or Veifels in 
 Avhich the fame fhall be brought, not , 
 expofing the fame or any part thereof 
 to Sale ) fhall by any wife whatfoevet 
 ie imported or brought from Ireland, 
 or any other part beyond the Seas into 
 the Kingdom of England, Dominion of 
 Wales , or Town of Berwick, upon 
 •Iweed y in fuch cafe the Conftablc, 
 Tythingman , Headborough , Church- 
 wardens cr Overfeers of the Poor, ^or 
 any of them within their tefpe^ive 
 l^ibertics, Parifhes, or places, may take 
 and feize the fame, and keep the fame 
 during the fpace of eight and forty 
 hours, in fbme publick or convenient 
 place where fuch fei2ure fhall be made, 
 within which time , if the owner or 
 owners , or any for him pr them fhall 
 make it appear unto fome Juflice «f 
 Peace of the fame County where the 
 
 fame 
 
for CoMjiables^ Si.c, 
 
 *’y*heOathof 
 two credible witnelTes that the fame 
 were not imported from Ireland, or 
 born any other place beyond the Seas, 
 C except the Ifle of Man) then the fame 
 upon the Warrant of ibch Juftice of 
 reace, are to be delivered to the owner 
 or owners without delay. i8 Car. 2 . 
 
 Bat in default of fuch proof and 
 
 Warrant, then the fame to be forfeited 
 and one half thereof to be difpofed to 
 the ufe of the Poor of the Parifh where 
 the fame (hall be fo found and feized • 
 and the other half thereof to his or thei> 
 own ufe that fhall fo feize the fame. , 5 
 c<rr. 2. ch. 2. ^ 
 
 as are Imported from 
 ^ before excepted ) into 
 &c. are not to exceed the 
 number of fix hundred in one year 
 and they are to be of no other breed 
 then of the breed of the JJle of 
 jn^d all to be landed at the Port of 
 Chelhr or feme of the members there- 
 of , and not elfewhere , and this Ad; 
 continues for feven years , and from 
 thence to the end of the firlf Seffion of 
 tne next Parliament. 18 Car. 2. ch. 2. 
 
 - C 2 But 
 
u 
 
 2§ A Gf/ide 
 
 But thefe former Remedies not pro- 
 ving fo effedual for the prevention of 
 the transporting of the Cattel afore- 
 faid, it isfurther provided, Thatwhen- 
 (bever, and as often as it (hall happen, 
 either through any fraudulent Agree- 
 ment, or unfaithfull Connivence of any 
 Conftable , Headborough, Tything- 
 man , Churchwarden , or Overfeer of 
 the Poor, or that it (hall happen any 
 otherwife howfoever , that any great 
 Cattel, Sheep, Swine, Beef, Pork or 
 Bacon , after the firft Seizure of them 
 or any of them , by virtue of the afore- 
 faid Ad, (hall be driven, brought, car- 
 ried into , or found in any other Pa- 
 tilh or Place, than where the fatne (hall 
 be hrh feized as aforefaid > That then, 
 and fo often, and from time to time, it 
 (hall and may be lawful to and for the 
 ConAable , Tythingman , Headl^- 
 rough. Churchwarden, or Overfeer of 
 the Poor of every or any fuch other 
 Parilh or Place, where fuch great Cat- 
 tel, Sheep, Swine, Beef, Pork, or Bacon 
 (hall be brought, driven, or carried inr 
 to, or (bund as aforefaid, to feize, take, 
 and difpofe the fame, and every or any 
 of them as forfeited. The one Moiety 
 
 thereof 
 
for Covjiab'les^^ac. 29 
 poor of fuch 
 
 other Parift or Place where fuch Sei- 
 2ure fhall be made , the other to the 
 
 ^ ^®<^0r or Officers who 
 
 ihail fci2e the fame as aforefaid i Anv 
 other or former Seizure or Seizures 
 in any other Pariffi or Pariffies, Place’ 
 or Haces,notwithnanding. An.20. C.2. 
 
 Mm 1 ( 558 . 
 
 CHAP. VII. 
 
 Ihe ConfiMci Offiee ahm Chimney^Mo- 
 ney. ^ 
 
 T H E High Conftables and Petty 
 Conftables Duties about Chimncv 
 money by the 14 C^r. 2. e. 10. and the 
 1$ Car. 2. c.i^. is now much altered, 
 and particular Officers appointed for 
 tiiat purpofe. i6Car. 2. e. 3. 
 
 All Juftices of Peace, Chief Magi- 
 ftrates Treafurers, and Under-Trea- 
 lurers, Conftables, and other his Maje- 
 «ies Officers are within their feveral 
 Jurifdicftrions to be aiding 
 and affifting to his Majefties Officers 
 appointed, for the coHe<aing of the 
 C 3 duty 
 
50 A Guide 
 
 duty of Hcarthrmoney. i6 Car. 2. 
 
 ch.^. 
 
 The Officers appointed by his Maje- 
 liy for the Chimney money, onee eve- 
 ry year, being accompanied with the 
 Conftable, or Tything-man,Treafurer, 
 or Under- Treafurer, or other publick 
 Officer of the place, and in all Parifhes 
 and places where there are no Confta- 
 bles , Tything-men or other publick 
 Officers as aforefaid , there without 
 any fuch affiftance , may enter in the 
 day time into a dwelling or other 
 Houfe, Edifice, Lodgings, and Cham- 
 bers in any of the Inns of Court , or 
 Chancery , Colledges, and other Soci- 
 eties, to featch and examine whether 
 there be any more Fire-hearths and 
 Stoves in the fame then were former-- 
 ]y returned or certified , and what are 
 increafed and decreafed fince the laft 
 Certificate, and if they find any vari- 
 ance in the number returned, both the 
 Officer and Officers appointed by his 
 Majefly , and the Conftable or Tyth- 
 ingman, or other Officer aforefaid , are 
 to certifie the fame under his and their 
 hands to the C’erk of the Peace, &c. 
 16 Car, 2. ch, 3, 
 
 If 
 
for Coftjiablesficc. gi 
 
 If the party after Demand made by 
 ms Majetties Odicers, or their Depu- 
 ties at the Houie , Chamber or Place 
 where tiie duty ihall arifeor grow due, 
 make default or refufe to pay by the 
 fpace of one hour after fuch demand, 
 then the Officer or his Deputy may at 
 any time with the affiftance of the 
 Condable, Tythingmair, or other Of^ 
 ficer as aforefaid, in the day time levy 
 the (aid duty and all the Arrearages 
 thereof, by diftrefs and fale of tiie 
 Goods of the party or parties fo refu- 
 fing or making default , rendring the 
 overplus to the owners, over and above 
 the duty and Arrearages , and necelTary 
 diarges of taking the Didrefs i which 
 Charges are not to exceed one Moiety 
 of the Duty and Arrearages. i6 Car. a. 
 
 3 . 
 
 Note that no Arrearages of Hearth- 
 money are to be diltreyned for after 
 the fpace of two years next after fuch 
 duty becomes due : and if any violence 
 oppofition , or injury be done by' any 
 perfon or perfons to any of his Maje- 
 Ities Officers or their Deputies in the 
 due execution of their Office, and die 
 fame proved by Oath before any one' 
 C 4 luflice 
 
Guide 
 
 Jufticc of the Peace, or chkf Maoi- 
 ItratejC^^c. fuch Juftice or chief Magi- 
 itratc, &c. if they think fit, may fend 
 the Offender to the Common Gaol for 
 any time not exceeding one month. 
 i6 Car. 2. c. 3. 
 
 The Conltables are to have two; 
 pence in the pound paid them by the 
 Colledor to whom they pay the CKim- 
 ney- money by them colletfted within 
 their Conftableries, and are to pay no- 
 thing to the Colletftors for their Ac- 
 quittances. id C<ir. 2. c. 3. 
 
 CHAP. VIII. 
 
 "the Coitjiahlei Office about Conventicles., 
 
 I F any Conftahle , Headborough , or 
 Ty thingman, negle<ft to execute the 
 ■Warrants to them direded for Seque- 
 flring, Diftraining and Selling the E- 
 flate or Goods of any Seditious Con- 
 venticuler to be Tranfported ;■ or neg* 
 le<ft to diftrain and fell the Goods and 
 Chattels of fuch Offender for the le- 
 vying of fuch fummes of money as fhall 
 be impofed on then* for the firfl and 
 
 fccona 
 
fdr Cof}Jial?Ies^8cc. 
 
 fecond offence j in fuch caies the Offi- 
 cer for his negle(ft fhall forfeit five 
 pounds, the one moiety to the Ring, 
 and the other to him that fues for the 
 fame in any of ‘the Kings Courts of 
 Records, i d 2. e. 4. 
 
 Note , if any perfon be any time 
 fued for putting in execution any of the 
 powers in the Aft againft Conventi- 
 cles, fuch perfon fhall and may plead 
 the general iffue, and give the fpecial 
 matter in Evidence i and if the Plain- 
 tiff be iVow fuit, or a verdidf pafs for 
 the Defendant i or if the Plaintiff dif- 
 continue his Adion , or if upon De- 
 murrer Judgement be given for the 
 Defendant, every fuch Defendant fhall 
 have his or tlieir treble coffs. 1 6 Car, 
 2. c. ,4. 
 
 By the Stat. 22 Car, 2, cap, j, made 
 againft Seditious Conventicles \ Every 
 Conffable , Headborough , Tything- 
 man , Churchwarden , and Overfeers 
 of the Poor, are authorized and re- 
 quired to levy the fines alTeffed by thp 
 Juftice of Peace, upon thofe who fhall 
 be prefent at Unlawful Conventicle^ 
 upon their Goods and Chattels, having 
 firft received a Warrant under the 
 C 5 Hands 
 
T ft* 
 
 Hands and Seals of one or more Jufti- 
 ces or Chief Magiftrate, and forthwith 
 deliver the money fo levied to the 
 fame Junice of Peaec, or chief Magi- 
 ftratc. And by Warr|nt from one or 
 more Jnftice or Juftices, or Ma* 
 giftrate , and refpeitive^ Conitables, 
 Headboroughs and Tythingrnen ( O- 
 verfeers not named ) may with what 
 ayd, force and affiftance they think fit,, 
 after refufal or denial to enter , break 
 open and enter into any houfc or other, 
 place, where they (hall be informed any 
 Conventicle is held, as well within Li- 
 berties as without, and take into their 
 Cuftody the perfons there unlawfully 
 affembled, to be proceeded againll ac- 
 cording to this A.&. 
 
 No Peers Houfe is to be fearched, un- 
 kfs in piefence of a Lord Lieutenant, 
 or two Jultices of Peace, whereof one to 
 be of the ^orum. 
 
 If any Conftabli? , Headborough , 
 Tythingman, Churchwarden, or Over- 
 feer of the Poor, (hall know or be cre- 
 dibly informed of any Conventicle 
 within his Precind, and (hall not 
 thereof inform fome ]uftice of the 
 Peace or chief Magiftrate, and endeaw 
 
 vour 
 
for Conjiahles^ Bcc. 
 
 35 
 
 vour the conviction of the parties , but 
 neglects his Duty, he forfeits Hve pound 
 to be levyed on his Goods ; And any 
 perfon fued for aCting by this Law, may 
 plead the General Iffue, and give tlie 
 fpedal matter in Evidence, and (hall 
 recover treblecoHs. 
 
 c H'A p. rx. 
 
 7 'h Conflahles Office about Clothieri, 
 
 T He Conftables and other Officers, 
 upon requdt to them made, arc 
 to be aiding and affifting to the War- 
 dens and Affiftants for regulating the 
 Trade oi Worheds and other Studs 
 called Norwich Stuffs, made within the 
 Gity of Norwich and County of Norfolk^ 
 14 Car. 2. ch, 
 
 The Conftables alfo within the 
 Weft-Riding- of the County of LorJ^-, 
 aie upon Warrant from the Jufticesof 
 Peace , Mailers and Wardens of the 
 Corporation of Clothiers within the 
 faid Riding, or any Thirteen of them, 
 to levy fuch Fines , Fcdfeiturcs and 
 Penalties as (hall grovv due from any 
 
 Clothier, 
 
^6 A Guide 
 
 Clothier, by vertiie of the Ad. of the 
 14 Car. 2. by diftrefs and fale of the 
 offenders Goods, tendring the overplus 
 to the owner upon.Demand. 14 2# 
 
 The makers of Cloth muft pay to 
 their Carders, Spinners, and other La- 
 bourers their wages in ready money, 
 and not in Wares , and (hall deliver 
 them Wool according to due weight 
 on pain to forfeit fix pence for eveiy 
 default i and the Carders , Spinners, 
 Weavers, FuUers, Dyers, Shear-rnen, 
 and other Labourers are to do their 
 work faithfully, in pain to forfeit double 
 damages to the party grieved. 4 £^ 4* 
 cb.i. Fitz.J. P. 203. & Wingates Ahr. 
 Stat.Tit.Vrapry. 
 
 And every Juftice of Peace , High 
 Conftable, or Steward of Leet, out of a 
 Corporation, and in a Corporation e- 
 very head Officer where no Mafter is, 
 and eveiy Matter fhall hear and deter- 
 mine the complaints of every fuch 
 Clothier or Draper , as well for non' 
 payment of the Labourers wages, as the 
 damages aforefaid, by due examina- 
 tion of the parties, for which faid da- 
 mages they have power to commit the 
 ^ offenders 
 
for Covjlables, &c. ^7 
 
 offenders to the Gaol, until the party 
 grieved fhall be fatisfied. 4 E. 4. ch. i\ 
 IVmgate's Abr. Sm. tit. Drapery. 
 
 The High Conftables alfo, or Jufti- 
 ces of the Peace, have power to enter, 
 into any Houle, Lands, or other place>. 
 to fearch for any Tenters, Ropes, Rings^ 
 Headwrinches , or other Engines, for 
 ftretching of Cloth , and if they 
 any to deface them j and if the owners 
 lhall afterwards ufe them again, then 
 thefe Officers may take and fell them, 
 and give the money to the poor, sp 
 Eliz. ch. 20. Wingate’s Ahr. St at. lit. 
 Drapery. 
 
 CHAP. X. 
 
 ’the Cenflables Office about the Ctffioms. 
 
 W Here a Warrant comes fr»m my 
 Lord Treafurer, or any of the 
 Barons of the Exchequer, or chief Ma- 
 giftrate of a Port , to any perfon for 
 the fearch of uncuftomed Goods, fuch 
 perfon with the affiftance. of a Siieriff, 
 Juftice of Peace , or Conftable , who 
 are to be aiding and ailiiiing upon re- 
 
 queft 
 
g8 J Guidi 
 
 Gueft, may enter into any Houfe m the 
 day time, where fuch Good^are fu- 
 fpeded to be concealed, and in c^e ot 
 Rellftance, may break open Inch Hou- 
 fcs, and feixc andfecure the fame Goods- 
 fo concealed in any Houfe. 12 Car. 2. 
 
 No' houfe is to be entred by vertuc 
 
 oftheAa aforefaid, unlefs it be w.thm 
 
 the fpace of one month after- the oftence 
 
 foppofed to be committed , and it the 
 
 Information, whereupon any houfe mail 
 come to be fcarched do prove to be falie, 
 then in fuch cafe the party injured thall 
 recover his full damages and cofk a- 
 eainft the Informer, by Adion ot Trel- 
 pafs to be brought againft fuch Infor- 
 mer. ilCsr. 2 . ch. tP* ^ 
 
 And by the i^ Car.z. fuch pCrton or 
 perfons as are authorized by Writ of 
 Atfitlance, under the Seal of his Ma- 
 iellies Court of Exchequer, are to t^e 
 a ConftaHc , Headborougli , or other 
 publick Officer inhabiting near the 
 plice, and in the day timearc to_ enter 
 Ld go into any Houfe, Shop, Cellar 
 Warehoufc, Room, or other place, and 
 in cafe -of Refiffiince , break open the 
 Doors, Chefts, Trunks , and other 
 
 cackaee. 
 
for Cgv fables^ See. 
 
 package, there to feize, and from thence 
 to bring any kind of Goods or Mer- 
 chandize whatfoever, prohibited and 
 uncuftomed, and to put and (ecurc the 
 fame in his Majefties Store-houie in the 
 Port next to fuch place where the fei- 
 zure ihallbe made. it^^ Car. 2. cb. 1 1. 
 
 All Officers belonging to the Admi- 
 ralty , Captains , and Commanders of 
 Ships, Forts, Cattles and Blockhoufes, 
 and all Jufticesof Peace, Mayors, She- 
 ri/fs , Conftables and Headboroughs, 
 and other the Kings Majeliies Officers 
 and Subjedls whatfoever , whom it 
 may concern, are to be ayding and af- 
 fifting to all and every perfon and per- 
 lons which are or (hall be appointed 
 by his Majefly to manage his Cuftoms : 
 and if the Officers cf the Cuftoms, or 
 any acting in aid of them, fkall be fued, 
 indited, profecuted ormolefted, fuch 
 perfons, their Heirs, Executors and Ad- 
 miniftrators, may plead the General If- 
 fue, and give the feveral Ads relating 
 to the Cuftoms, or any of them in Evi- 
 dence, in any of his Majefties Courts of 
 juftice. I ^ Car, 2. cb, 1 1, 
 
 CHAP, 
 
40 
 
 A Guide 
 
 CHAP. XI. 
 
 the ConftabkT Office about Setting- 
 J) 0 gfy 8CC. 
 
 E very Conftable or Headborough, 
 
 ( upon a Warrant under the hands 
 of two or more Juftices of the Peace ) 
 hath power to fearch the houfes of per- 
 fons fufpeded to have any Setting- 
 Do 2S, or any manner of Nets, for ta^ 
 king of Pheafants or Partridges, and 
 the Dogs and Nets there found, to take, 
 carry aW, detain, kill, deftroy, and 
 cut in pieces. T)alt. P« ch. 37 ’ 
 
 7 fac, c. 1 1 . r 1, 
 
 But note , that they cannot fearch 
 
 the houfes of fuch as have Free War- 
 ten, -or are Lords of any Minnor, or 
 have Freehold of Forty pounds by year 
 or more, of fome Eftate of Inheritance, 
 or Eighty pounds by the yew tor 
 Term of Life, or be worth in Goods 
 Four hundred pound's , for thefe may 
 keep Nets or Dogs to take Pheafants or 
 Partridges in their own gtouQ^s or 
 PrecintSts. 7 Jac. c. ii. Valt. J.?-c. 
 
for Conjiables^^c. 
 CHAP. XII. 
 
 41 
 
 'Ihe Cen/iahles Office about Efcapes and 
 Arrejis. 
 
 I P ^ Conftablc,.<?r any other,, which 
 hath a Prifoner under Arreft for Fe- 
 lony, or Sufpicion thereof voluntarily 
 Ictteth or lu^reth the Prilbner to go 
 ^here. he will at liberty ( though this 
 be breaking of Prifon), yet it is f elony 
 in the Gaoler , Conftable , or hiti^that 
 letfeth fuch prifoner elcape , but it is 
 no Feloay in the prifoner •, but if fuch 
 a prifoner ihall efcape by the negli- 
 gence of his keeper , and againft his 
 will and knowledge, then it is Felony 
 in the prifoner , ^caufe a breach of 
 Prifon, and the Gaoler, Conftable, &c, 
 may be Fined by the Judges or Juftices 
 for luch Efcape. Bro. Coron. 112. 224. 
 I Id. 454. Bro. Efcape 31. Stamford 
 fol. 52. 44, Affi PI. 1 8. Dyer fol. go. 
 Drf/f. y. P, c. io 5 ./o/, 272. 
 
 If the Conftable , or other Officer, 
 Ihall voluntarily fuffer a Thief, being 
 in his cuftody, to go into the Water, 
 and drown hinifel^ this Efcape is Fe- 
 lony 
 
42 . A Guide 
 
 lony in the Conftable , and the drown- 
 ing makes the Thief Felo de fe \ bat it 
 the Thief (hall fuddenly C without the 
 aflTent of the Conilable ) kill, hang, or 
 drown himfclf, this is then but a neg- 
 ligent Efcape in the Conllable , and 
 Fineablcasaforcfaid, Valt, J. P. ch. idd. 
 fol. 272. 
 
 The voluntaty letting of a Felon to 
 efcape before he be arrellci for the fe- 
 lony, is no felony in the party that fuf- 
 fereth him to efcape v but, if the Con* 
 (table fuffer one to efcape when he 
 knows he hath committed a Felony > in 
 fuch cafe he may be indited and Hned 
 for fufFering the efcape i and qtt£re if 
 it do not make him Acceffary to tlie 
 
 Felony, p H. 4* 3 ^* 
 
 45. jF. P. e, I od. ^ 272* 
 
 If a man be Arrefted for fufpicion of 
 Felony by the Conftable,or other perfon, 
 and after they (hall have Intelligence 
 thatthere is no fuch Felony committed, 
 here they may (et the party Arrefted at 
 Liberty again , and they (hall not be 
 charged with the Efcape i for there can 
 be no Felon , where there is no Felony 
 committed. 13 H. 7. 7. & Crom^. 40* 
 D*l*. J. P. c. 1 06. f^2y 5 . 
 
 But 
 
for CoMjiablesfiac. 4^ 
 
 But if a Felony be committed in- 
 deed, and one is Arrefted for the fame, 
 or for Sufpicion thereof > though the 
 Conflable or other perfon that made 
 the Arrelt, fhali after have certain In- 
 telligence and knowledge that the 
 Party Arrefted is not Guilty of the 
 offence i yet they may not fet the party 
 at liberty , for he muff not now be de- 
 livered by any mans difcretion> but by 
 due couife of Law , otherwife it will 
 prove a voluntary Efcape,and fo Felony, 
 or at lead Finable. Cromp.40.44. JlT.iz. 
 T)aU.J.P.c.io6.fd.2y^. ^ ^ 
 
 In all cales of mifdemeanour, where 
 a private perfon hath Authority to 
 Arreff any for any offence, it is requi- 
 lite for him to carry and deliver the 
 Prifoner to the Conflable, or fome other 
 Officer, vide 20 E. 4. 6. Dalt.J.P.ci 18. 
 /o/. 338. 
 
 But in cafe where a Juflice of Peace, 
 Conflable, or other Officer comes to a 
 Felon to arrefl and take him, and he 
 perceiving , flies into another County 
 before he can be taken , in fuch cafe the 
 Felon flrall be carried before fome Jei- 
 flice of Peace of that County where he 
 is taken, and mufl.be committed to the 
 
 Gaol. 
 
44 ^ Guide 
 
 Gaol of that County, although the Fe- 
 lony were confimitted in another Coun- 
 ty. Bro.fituxImpr.2<^. ii 
 
 If a man be Arretted tor Felony, and 
 the Conftable carry him to the Gaol, . 
 and the Gaoler will not receive him, 
 then the Conftable muft bring him back 
 to the Town where he was taken, and 
 that Town thall be charged with the 
 keeping of him until the next Gaol 
 Delivery, by the opinion of the Book, 
 lo H« 4 " or the Conftable may in fuch 
 cafe keep the Prifoner in hb own 
 houfe, as it hath been held by fome. 
 See 1 1 E. 4. Bre.faux Impr. 25. in fine, 
 Valt. J. P. eb. 1 1 S.fol. 3 4 ®» 3 4 » • , 
 
 But in fueh cafe where the Gaoler 
 lefufes to receiver Prifoner as above-, 
 faid, or takes any thing for receiving 
 ' him , upon Information thereof to the 
 Jufticesof the Gaol Delivery', they will 
 punifti him for his offence. 4 E. 3. c. 10. 
 Tojilton trifoH 6» Dah, F. ch. 1 18. 
 
 The Conftable, or other Officer, that 
 fliall Imprifon in the Stocks any Felon, 
 may lock the Stocks, and if need b., 
 may alfo put Irons on the Prifon«v 
 
for Conjiables^^c. 45 
 and when he conveyeth him fo the 
 Gaol, or tothejuftice, hemaypinlon 
 
 mm, or otherwife make him fure, fo 
 that he cannot, efcape. Dak. f. p. ch 
 118. /o/. 342. 
 
 CHAP. XIII. 
 
 Ihe Cojtliahlei Office about Excife. 
 
 T Hoie Officers under the Commii:. 
 
 fioners of Exciie, called Gagers, 
 are to have the Conftable along with 
 them , when they enter by night into 
 t Brewer, Inn- keeper. 
 Victualler, &c. to Gage tlieir Coppers, 
 Pats, or VelTels, or to take an Account 
 ot their Beer, Ale, Worts, Perry, Syder, 
 htrong-waters, Metheglin, Mead, Cof- 
 tee, Chocoktte, Sherbet or Tea, brew- 
 cd, made or diflilkd in the faid Houfcs. 
 12 Ciir. 2. c. 23, 24. 
 
 Such peribns as lhall be convi^ed 
 before the Juhiees of Peace, or Com- 
 miffioners of Excife, of any offence and 
 E orfeiture within the ACls for Excife i 
 J^^^°"Jables, upon Warrant to them 
 directed from the Juftfees of Peace, are 
 
 t<5 
 
46 
 
 A Guide 
 
 to levy the penalties upon the Goods 
 of the offenders by diftrefs and fale 
 thereof, tendring the overplus to the 
 
 owners, and for Want & 
 
 are to cany the paity to the Gaol, there 
 
 toremaintillfattsfaaionbe made. 12 
 
 C<jr. 2. ch, 23, 2 4 ’* - 
 
 The Conftabks ate alfoupon War- 
 rant to them direacd to Summon all 
 Alehoufe-keepers,€^c. to ap^ar before 
 the Comtniffioners of Exctfe at fuch 
 kvs and places as {hall be appointed m 
 the {aid WTarrants from time to time. 
 
 CHAP. XIV. 
 
 the Conphles Office about ftp. 
 
 T H E Conftables and Churchwar- 
 dens by Warrant from any one 
 or more Juftices of the Peace (where 
 any oflence is committed m dellroy- 
 ine the fpawn and breed of Fun> 
 along the Sea-lhoat , or in any Haven 
 or Creek, or within live miles ot the 
 mouth of any Haven or Creek , by 
 Filhing with Nets of lefs Mclh then 
 
for ConJlables^Scc. 
 
 three Inches and an half between knot 
 and knot) are to levy the penalty by 
 diftrefsand fale of the offenders Goods 
 rendring the overplus to the owners \ 
 t^he penalty is Ten fhlllings and for- 
 feiture of their Nets. ^ Jac.c. 12. Win- 
 
 D- ^ Herring, Codd , or 
 Pichard , Frefh or Salt, dried or bloat- 
 ed , or any Salmons , tels or Congers 
 taken by Foreigners, Aliens to the King- 
 dom of £«g/W, fhall be imported, ut- 
 
 to fale in this 
 Kingdom , in fuch cafe the Conflable, 
 Headborough or any other perfon 
 
 half thereof muft go to the ufe of the 
 
 Poor of the Parifh where the fame isfo 
 
 fh^r the other half to 
 
 j 8 cir f ^he fame, 
 
 1 <> Car, 2, e, 2, 
 
 CHAP. 
 
48 
 
 A Guide 
 CHAP. XV. 
 
 7 k Co 4 Ma Office about forcible E»- 
 triei-, &c. 
 
 I F a ConftaWe, oi any private perfon 
 of the fame County do tefufc to at> 
 tend and affift the 5 uftices of Peace, up- 
 on requeft to remove a Fofce, or to con- 
 vey the parties to the Gad, he may e 
 irnpxmed for his negled, and make 
 Fine to the King. 15 R. 2. cb. 2. V 
 P.c. aa./*. 57. 
 
 CHAP. XVI. 
 
 •fhe Conjlables Office about Hedge-break 
 ing, &c. 
 
 A ll fuch Lewd perfons as are con- 
 vided before a Juftice of Peace, 
 for taking away any Corn glowing. 
 Robbing of Orchards, breaking Hedges, 
 &e. and their Procurers , and Recei- 
 vers knowing the fame, if 
 cive the Parties grieved fuch latista- 
 dion as the Juftice (hall think fit, then 
 
for Confiabtes, &c, 49 
 
 J unice may commit him to the 
 Connable to be whipped for the firft 
 offence , and the like pain for the fe- 
 cond offence. And if the Conftable or 
 othcx inferiour Officer, do not by him- 
 lelf, or fome other, fee the fame be 
 done accordingly , then the Juffice 
 may commit fuch Officer to the Gaol 
 there to remain without Bail , until the 
 laid offender be by the faid Conftable 
 or fome other by his procurement^ 
 whipped as aforefaid, and this by the 
 45 £/. cb. 7. 
 
 But now by the 15 Car. 2. everv 
 Conftable , Headborough , or other 
 perfon, in every County, City, Town- 
 Corporate, or other place, where they 
 ft all be, Officers and Inhabitants, have 
 power to apprehend , or caufe to be 
 apprehended fuch pcrfons as they fu- 
 Ipeet , tor having or carrying, or any 
 wife conveying any Burthen or Bun- 
 dies of any kind of Wood , Under- 
 
 Trees, o. Bark 
 or Baft of any Trees , or any Gates 
 Styles, Pofts, Fails, Rales, or Hedge* 
 wood , Broom or Furze j and any 
 Conftable, Headborough, by War- 
 Mnt under the Hand and Seal of one 
 B) Juftice, 
 
50 -A Guide 
 
 fuftice, &c. may enter into the Hou- 
 fes , Outhoufes, Yards, Gardens or o- 
 ther places belonging to the Houfes of 
 fuch perfons as they fliall fufped to 
 have any Woods, Underwoods,d^<?. and 
 wherefoever they fhall find any , fuch 
 to apprehend , or caufe to be appre- 
 hended the perfons fufpeded for cut- 
 ting the fame, and ihofe alfo in whole 
 houfes or other places belonging to 
 them any fuch Wood, Underwood, &c. 
 ftiallbe found, to carry before fome Ju- 
 flice of Peace of the County, City, &c. 
 and if the party cannot give a good 
 account to the Jufiice how he came by 
 the fame Wood, &e. by the confent of ' 
 the owner , fuch as to fatisfie the ju- 
 (lice, or lhall not within fuch time as 
 the Jufticc appoints, produce the party 
 of whom he bought it, or fome other 
 credible witnefs to depofe upon Oath 
 fuch lale of the faid Wood, &c. then 
 fuch perfon lhall be deemed convided 
 of the cutting and fpoiling Wood,d^'e. 
 within the meaning of the Statute of 
 43 Ehz. aforefaid > and for the firft 
 offence, if they do not give the owner 
 fuch fatisfadion, and within fuch time 
 as the Juftice lhall appoint, and pay o- 
 
for Conflables^ See, 5 1 
 
 ver and above down prefentiy fo fhe 
 ufe of the Poor of the place where the 
 offence is committed, fuch a fum of 
 money as the Juftice ihall appoint, not 
 exceeding ten killings, then thcjufticc 
 may commit the party offending to the 
 - “Ouft of Correiifion for fb long time 
 not exceeding one Month , as he ihall 
 think meet , or otherwife to be whip- 
 ped by the Conllable or other Officer j 
 and if fuch perfbn offend again, and be 
 conviiifed as before , then he muft be 
 lent to the Houfe of Corredfion for 
 one month, and there held to hard la- 
 bour i and if he offend the third time 
 and be convidfed, then he mufi be ufed 
 as an incorrigible Rogue. 15 C^r. 2. 
 
 Cnf0 2 # 
 
 'I any burthens 
 
 ood , Poles, Sticks, Underwood, 
 of any who may juftly be fufpedfed 
 to have lioln, or unlawfully come by 
 the fame i then upon complaint to a 
 Juftice of Peace, Head-Officer, if 
 upon examination by Oath, &c. he find 
 that the fame were bought of fuch per- 
 j aforefaid, then the Juftice may 
 Order the party that bought the fame 
 to pay the treble value of the Wood, 
 D 2 
 
5 2 Guide 
 
 &c. to the party from whom they were 
 ftoln or unlawfully taken i and in de- 
 fault of prefent payment , the Juftice 
 may iffue out his Warrant to the Con- 
 (lable to levy the fame by dillrefs and 
 fale of the Offenders Goods , rendring 
 the overplus to the owner, and for lack 
 of fuch diftrefs , then to commit the 
 party to the Gaol at his own charge, 
 there to remain one month without 
 
 Note, that none is to be puniflied by 
 this Law, who hath been puniihed by a 
 former Law for the fame offence , nor 
 is any to be queftioned for any oflence 
 within this Statute, unlefs it be within 
 lix weeks after the offence committed. 
 1 5 Car. 2. th. 2- 
 
 chAp. xvii. 
 
 "Ihe Conflables Office about Uigh-ways. 
 
 T He Churchwardens and Confta- 
 bleSjOr Tythingmcn of every Pa- 
 r fh are upon the Monday or Tuefday 
 in E 'ltcf week ( after notice given pub- 
 Uckiy in the Church the Sabbath day 
 
 before) 
 
for CoMjiablesficc. 55 
 
 before ) after Morning Prayer ended, 
 with the advice and confent of the ma- 
 jor part of the Parifli then prefenf, to 
 choofe two or more of the fufficlent 
 Inhabitants of the place, to be Survey- 
 ors or Supra vifors for their High- 
 ways for the next year, and give notice 
 thereof to the parties chofen in wri- 
 ting, under pain of five pounds to be 
 forfeited by the fame Conftable, 
 Churchwardens and Parifo by the Sw\ 
 14 Car, 2, ch. 6. which Statute is to 
 continue fill the end of the fir/t Sefii- 
 ons of the next Parliament , or they 
 may be punifiicd by Fine or Amercia- 
 ment in the Quarter Seffions, by the 
 dilcretion of the Juitkes, 2,5 P. 
 cb^ o» 
 
 The Conftables and Churchwardens 
 - are then alfo to appoint fix days be- 
 twixt that and the four and (v,’entieth 
 day of>«e, for the amendment of the 
 High-ways, and to give publick notice 
 thereof in the Church the next Sunday- 
 after. 2 3 p. M ch. 8. & « £/• 
 
 chi 13 . ^ 
 
 Stewards in Leets have power to 
 enquire after the breach of the Ad of 
 the 2 3 P. M. about High-waya, 
 
 D 3 and 
 
54 Guide 
 
 and to (tt Fines upon ftich as make de- 
 fault, at their difcretion, and fliall with- 
 in lix weeks after Michaelmx deliver 
 Indented Eftreats thereof under their 
 Hands and Seals, viz. one part thereof 
 to the Bayliff or High Conftable of the 
 Liberty, and the other to the Conflable 
 and Churchwardens of the Parilh where 
 the Default was made. 2 & ^ P. & 
 M. ch. 8. 
 
 And in default of prefcntment 
 thereof in Leets, the Juftices of Peace 
 in the Seffions (hall enquire thereof, 
 and fet fuch Fines as they or two of 
 them (juor, unnit fliall think fit > whereof 
 the Clerk of the Peace fliall deliver In- 
 dented Ellreats under his Hand and 
 Seal, within fix weeks of MkhaelmtK^ 
 in li’te fort as aforefaid. 2 ,}P.& M. 
 eh, 8. 
 
 And thefc Eftreats of the Stewards 
 ©f Leets, or Clerk of the Peace, fliall be 
 a fufficient Warrant for the Bayliff or 
 chief Conflable to levy the faid Fines 
 by way of Diftrefs > and if no Diftrefs 
 can be found, or the party do not pay 
 the Fine within twenty days after law- 
 ful demand thereof, he or they fliall 
 forfeit double fo much > all which f iues 
 
for Conjtables^^c. 55 
 and Forfeitures fliall be bellowed by 
 Conftable and Churchwardens on 
 the Highways in the fame Parilh. 2, 
 3 P. ^ M, ch, 8 . "Dah, J. P. cb, 26, 
 fol.71. 
 
 ^ Arid the BaylifF or High Conflable 
 IS yearly , between the firft of March 
 ^d la ft of April , to render unto the 
 Conftable and Churchwardens to 
 whom the other part of the Eftreat 
 was delivered, a true Account of the 
 Moneys received by them. In pain of 
 Forty fliillings, and the faid Confta- 
 bles and Churchwardens have power 
 to call the Bayliff or High Conftable 
 before two Juftices of the Peace (^or. 
 un. ) to pals the Account, who have 
 power to commit fuch Bayliff or High 
 Conftable, until they have fatisfied all 
 the Arrearages by them received. 2, 
 3P.&M. eh. 8 . Valt. J. P. ch. 26.F0I. 
 70. 
 
 And upon palling fuch Account, every 
 Bayliff or High Conftable fnall have 
 allowed Eight pence for their pains 
 for every pound coIle<aed, and Twelve 
 pence for the Fee for the Eftreat de- 
 livered. 2, 3 p. M. ch. 8. Dalt. J. F. 
 f hi 26. fol. 70. 
 
 D 4 
 
 Any 
 
5 6 A Guide 
 
 Any two Juftices of Peace , upon 
 complaint to them made by the Suc- 
 ceeding Conftables and Churchwar-. 
 dens , may call before them the pre- 
 cedent Conftables and Churchwardens, 
 and may take their accounts, and'eom- 
 pelthem, as aforelaid, to pay in all Ar- 
 rearages in their hands. 2,- 3 P.&M, ck 
 8 , Valt. J. P. ch. iS.fol. 7 1 . 
 
 All Fines and Forfeitures alfefled in 
 the Seffions upon the St at. 5 EL about 
 High- ways, muft be Eftreated by the 
 Clerk of the Peace, and muft be levied, 
 accounted , and imployed as is ap- 
 pointed by the 2,3 P.&M. ch. 8. 5 El. 
 eh.i^. 
 
 The Surveyers upon Warrant from 
 two Juftices of Peace, are to levy by 
 diftrefs and fale of Goods, the Forfei- 
 tures of all fuch perfons as offend a- 
 gainlt the 18 El. i o. in not Scowring 
 their Ditches, &e. and if they ncglei^ 
 by the fpace of a year after the offence 
 committed to levy the Forfeiture : Then 
 the Juftices may fend to the Conftable 
 and Churchwardens to levy the fame, 
 18 El. eh. 10. 
 
 The Conftables or other Officers by 
 Warrant from any of bis Majefties Ju- 
 
 flices 
 
for CoftJiahles^Sz.c,''^’^ 57 
 
 ftices of either Bench , Barons of the 
 Exchequer, or Juftices of the Peace to 
 tliem dircfted, are to levy by Diltrcfs 
 and Sale of the Offenders Goods and 
 Chattels , all fuch penalties ( rendring 
 the overplus to the owner ) as fliall be 
 forfeited by any perfon upon the A(ft 
 of the i4Gi7r. 2. ch, 2. for repairing 
 the Highr ways and Sewers, and for 
 paving and keeping clean the Streets 
 in and about the Cities of London and 
 iV.ftminjier, dec. and for default of 
 Di/trefs or Non-payment of the faid 
 penalties within lix days after demand 
 thereof , or notice in writing left at 
 the houfe or dwelling place of the Of- 
 fender , by the laid Conftable or other 
 Officer i the faid Offender not being 
 a Peer of tire Realm, may be commif- 
 ted to the common Gaol of the faid 
 County or City refpedively , by the 
 Warrant of any fuch Juftice under his 
 Hand and Seal, there to remaiii with- 
 out Bayl or Mainprixe until payment. 
 i^Car^ 2, ch. 2\ 
 
 By the Stat. 22 Car. 2. ck 12. All 
 Conllables and Surveyors of the High- 
 ways ffiall put in execution the Sta- 
 tutes for repairing, or inlarging High- 
 D 5 ways. 
 
58 A Guide 
 
 ways , and levy the penalties thcre&y 
 impofed. And every Conflable or Sur- 
 veycr of the High-ways ncgleding fo 
 to do, or wilfully fuffering any Wa- 
 gons or Carts to pafs through his Li- 
 mits, with any more Horles or Cattle, 
 or in any other manner than this A<^ 
 alloweth , upon convi<ftion thereof by 
 one Oath before one Juftice , or the 
 Juftices own view, fhall pay fuch fine 
 C not exceeding 40 t, ) as fuch Jultice 
 ill all AfTeft. 
 
 All Anions brought againft any per- 
 fon for adltng by this Law, (hall be laid 
 in the proper County, and Defendants 
 may plead the General lffue,and recover 
 treble Cofts. 
 
 The Claufe in the former Ad about 
 
 the TyreofWheelsisrepealed. 
 
 Enaded that after the 24th. of J»tyy 
 idyo. No travelling Wagon, Cart, 
 
 In which any Burdens (hall be carryed, 
 except Carts ufed about Husbandry, 
 and carrying Hay , Straw , Corn un- 
 thraflied , Coal , Chalk, Timber for 
 Shipping or Building , Stones of all 
 forts, Ammunition or Artillery for the 
 King ) (hall be drawn or go in any road 
 or publick High-way, with above five 
 
 Horfe- 
 
forConJiables^^ic. 
 
 FTorfe-beafts at Itngth, and if any draw 
 with more Hopfes or Oxen , he (hall 
 draw all two abreaft except one 
 Horfe. 
 
 Every owner of any Wagon, Cart, 
 &c, Horft or Beads , (hall forfeit for 
 every offence 40 t. One third part to 
 the Surveyers to amend the ways * one 
 third part to the Ovetfeers for the 
 Poori The laft third part to him who 
 fhall difeover the Odender > to be le- 
 vy ed as the penalties againft Conftables, 
 &c. for their negle^s before men- 
 tioned. 
 
 The Surveyor upon negledf to come 
 and labour, fhall complain thereof to 
 the next Juftices, who upon Oath of 
 one witnefs , fhall levy for every day 
 labour negle^ed 1 8 and for every 
 Man and Horfe 3 /. and for every 
 Cart with two men i® r. for each day 
 Beglc( 3 :ing. 
 
 CHAP, 
 
6o 
 
 A Guide 
 
 CHAP, xvrii. 
 
 ’the Confiables Office about St’onedHorfes, 
 
 N one ought to put to feed upon 
 Fcrefts or Connmons ( except 
 they be Commons where Mares are not ■ 
 ufually kept ) any Stoned Horfe, being 
 above two years old , and not fifteen 
 hands high from the lower part ef the 
 hoof to the upper part of the wither 
 ( every hand containing four inches 
 Standard meafure ) in pain toforfi:it\the 
 fame Horie. 32 H. 8- c&. 15. 
 
 If any Stoned Horfe of lelfer Stature 
 be put to feed in any fuch Common 
 f unlefs it be in Fen-grounds of the 
 Ille of Ely, and of the Counties of Cam- 
 bridj^etiuHtingtoH, Northampton jLincolit^ 
 Norfolk^ ^ or Suffolk.., where they need . 
 be but thirteen hands high ) any man 
 may feize them to his own ufe, fb that 
 firft by the affiftarrce of the keeper of " 
 the ground, or Confiable, BaylifF, Head- 
 borough, or other fuch Officer of tfic 
 Parifh adjoyning , fuch Horfe be 
 brought to the next Pound, and there i 
 by fuch Officer, in the prefence of three 1 
 
 other ’ 
 
for Cot;jiables^%^cS>^ Si 
 other fufficient men, he be ireafured 
 and found lower then the Statute 32 
 H. 8. cb, 13. 8 E/iz. ch. 8. mnjiatt Abr. 
 St at. "lit, Horjes. 
 
 Thofe that refufe to Meafure, or to 
 be prefent at Meafuring do forfeit 40 /. 
 a- piece for every fuch default, to be di- 
 vided between the King and Profecu- 
 tor i but note that an Horfe that make» 
 an Efcape into fuch Common, fliall not 
 be quellioned, fo that he flay not above 
 Four days after notice thereof at the 
 owners Houfe, or in his Parilh Church. 
 32 jy* ch. 1^9 
 
 Forefls and Common grounds muft 
 be driven yearly ztMichaelmof^ox with^ 
 in fifteen days after , by the Keepers 
 Conllables, or other Officers abovefaid 
 in pain of Forty (hillings j and they 
 have power to drive them at any other 
 t^imeof the year at their plafure, and 
 luch likewife have the owners of the 
 ground. And if upon the drift any 
 unlucky Tits (hall be found, they may 
 be killed. 32 H. 8. ch. 1 3, Wingate Abr. 
 Stat, 7 it.HorJix. 
 
 Note that this Ad of the 32 H. 8. 
 
 13- is not to extend, to the County 
 of CornwaV. 2 1 Jae. ch. 2 8, 
 
 CHAP, 
 
d2 
 
 A Guide 
 
 ^CHAP. XIX. 
 
 •the CoHjiables Office about Hue and Cry. 
 
 T He Conftables and Officers of e- 
 vety Town, to which Hue and 
 Cry ftiall come, ought to fearch in all 
 fufpe^ed houfes and places within 
 their Limits, and as well the Officers 
 as all other perfons, which fliall pur- 
 fue the Hue and Cry may attach and 
 Aay all fuch perfons, as in their fearch 
 and purfuit they (hall find to be fufpi- 
 cious , and thereupon (hall carry them 
 before fome Juftice of Peace of the 
 County where they are taken , to be ex- 
 amined, where they were at the time 
 of the Felony committed v and if any 
 Default be in the Officers, they may be 
 fined by the Juftices for their Negled, 
 J)ah. J. P. cb. 28./0/. 75. 
 
 Ill cafe of a Robbery where Dama- 
 ges are recovered againft one or*fome 
 few Inhabitants of the Hundred , and 
 the reft refufe to contribute thereun- 
 to, in fuch cafe two Juftices of the 
 Peace ( §uor. un.) dwelling within or 
 near the Hundred , may for the levy- 
 
for Confiables^^cy 
 
 rng thereof fet a Tax upon every Pa- 
 rift within that Hundred i accord- 
 ing to which the Conftables and 
 Headboroughs of every Town muft 
 Tax tlie particular Inhabitants with- 
 in their Conftableries , and then levy 
 the money upon fuch as refufc by Di- 
 llrefs and Sale of their Goods , refto- 
 ring them the overplus, and after the 
 money is gathered , they are to deli- 
 ver the fame to the Juftices, or fome 
 of them that made the Rate within 
 ten days. 27 EHz. chap. 13. m»~ 
 gate's Abr. Stat. tit. Jobbery. Poult. 
 Hue and Cry 6, Valt. J. P. ch. 48. foh 
 132. 
 
 The Hundred where freft fuit ftali 
 ceafe, ftall anfwer half the Damages 
 to the Hundred where the Felony was 
 committed , to be recovered in any 
 Court at IP'efiminfier, in the Name of 
 the Clerk of the Peace of the County 
 where the Felony was committed, and 
 here the death or change of the Clerk of 
 tire Peace, ftall not abate the Suit •, to 
 be taxed and levied as aforefaid. 27 
 E//z. 13. Wingates Stat. tit. Reb~ 
 
 bery. 
 
 Note , that the Hundred is not 
 
chargeable for the Robbery i when any 
 one of the Ma’efadors fliall be appre- 
 hended, or when the A^ion is not pro- 
 fecuted within one year after the Rob- 
 bery committed j and^ote alio that the 
 Hue and Cry lhall not be deemed Legal, 
 unlefs the purfuit be both by Hoife and 
 Foot. Wingate's SHt. ‘Xit. Kohlery. Btad. 
 Lib. ^.fol. 121. vide Co. 7. Lib. fol. 6, 7. 
 23 E//a. Vyerfol. 370. Valt. J. P. foh 
 
 He that gocth not at the command 
 of the Sheriff or ConAable.at the cry of 
 the County, that is upon Hue and Cry 
 to Arreft Felons, after Attainder (hall be 
 grievoufly fined and imprifoned. Wefl.i._ 
 ch. p. Co. 2. Part. I^i. fol. 172. 2 H. 7. 
 15. b. 5 H. 7. ^.a. 
 
 CHAP. XX. 
 
 7 be Conjlablej O^ce about Labourers and 
 Servants, 
 
 T He Conftahle in the time of Hay 
 and Corn HarveA, upon the re- 
 queft to him made by any man who 
 ' wants 
 
for CofiJiables,S(.c. 6$ 
 
 wants Labourers for the avoiding of 
 the lo(s of Corn, Grain, and Hay, may 
 eaufc all fuch Artiftcets, as he fliall (ee 
 meet to labour , to fcrve by the day for 
 Mowing, Reaping, or otherwife, for 
 the getting in of Corn or Hay abroad, 
 according as they fee them fit and able 
 to perform *, and if fuch perfbns (hall 
 refufe to work, after they arc reque- 
 ued thereunto by the Conftable , the 
 Confiable may then fet ‘them in the 
 Stocks by the fpace of two days and 
 one night > and if the Conftable negledf 
 to perform his Office, he Forfeits Forty 
 fhillings. 5 Eliz. ch. 14. Wingues St at. 
 tit. Labourers. 
 
 And it is alfo provided by the faid 
 5 Eliz. that no peifon retained in 
 Husbandry, or in any Arts appointed 
 by that Statute , fhall depart after the 
 time of fuch Retainer expired, out of 
 (lie City, Town, 'or Parifh where he 
 laft fcrved, to ferve in another with- 
 out a Teftiraonial, to wit, f in a Town 
 Corporate ) under the Hands and Seals 
 of the Magiftrate and two Houfo- 
 holders there, and in the Country un- 
 der the Hands and Seals of the Con- 
 ftable or Conftables , and two Houfe- 
 
 holdcrs. 
 
66 A Guide 
 
 hblders of the Town or Parifli where 
 he laft ftrved ) which Teftimonial muft 
 be Regiftred by the Minifler, for which 
 he is to have Two pence, and then to be 
 delivered to the Party. 5 E/. e, 4. Win^ 
 gate's Stat. ‘Tit. Labourers. 
 
 But theie Teftimonials are now very 
 feldom ufed , although the Statute be 
 very penal in the fame j for the Matter 
 that retains a Servant without fuch^a 
 Tettimonial forfeits five pounds, being 
 thereof convicted upon Indictment ta- 
 ken in the Seffions of the Peace , and 
 every Servant which iheweth not fuch 
 a Tettimonial to the chief Officer in a 
 Corporation, or to the Conttable or foch 
 other Officer, Minittet or Churchwar- 
 dens of the place where he is to dwell, 
 may be imprifoned till he procure one^ 
 and if he produce not one within one 
 and twenty days, next after the firft day 
 of his Imprifonment, or if he ihalHhew 
 a falfe or counterfeit one, then he is to 
 be whipped and ufod as a Vagabond. 
 Valt, J, P, fol, 8d, 5 E/; ch, 4. 
 
for Conjiables^fic. 6y 
 
 The Form of a Teftimonial is after 
 this manner : 
 
 Memorandum that A. B. Servant to C, 
 D. (^Kirk-Leaventon, in the County of 
 York, Huthandman^is Licenced to depart 
 from hit faid Majier^ and it at h'u Liberty 
 to ferve elfepohere . according to the Statute 
 in that Cafe made and provided. In rvit- 
 neft whereof noe have hereunto fet cur 
 Hands and Seals tbn fenth day of No- 
 vember, in the j$ih,year oftheKeignof 
 our mo^ gracious Soveraign Lord King 
 Charles the Second j Annoque Domini 
 
 i66^. 
 
 Jo. Mtttczlf CoH^able of 
 Leaventon. 
 
 G Houfeholders there. 
 
 If it be one that lives with a woman, 
 then fay , it Licenced to depart from bit 
 Mijlrefs or Vame as Jhe is y and if his 
 Mafter be not an Husbandman, but a 
 Taylor, Smith, Joyner, or fome other 
 Trade, then name him accordingly in 
 the Teitimonial. 
 
 CHAP. 
 
68 
 
 A Gitide 
 
 CHAP. XXI. 
 
 The Confiahles Office about Malt-making, 
 
 "T'He Conftables and BaylifTs of any 
 Town, where any deceitful Malt 
 fhall be made, or mingled to be fold 
 contrary to the St at. 2 E. 6. may from 
 time to time view and fcarch all fuch 
 Malt as fliall be made, or put to fale 
 within any of their Towns, being evil 
 made, or mingled with evil Malt, con- 
 trary to the Statute » then the faid Con- 
 ftablc or Bayliff, fo finding any fuch 
 deceitful Malt, with advice of any one 
 J uftice of Peace, may caule the fame to 
 be fold to fuch perfons, and- at fuch rea- 
 fonable prizes, as to the difcretion of 
 the fame Juttice fhall feem expedient. 
 2 E. 6. cb. 10. 21 Jac, ch. 28. 3 Car, i, 
 c. 4. t>alt. J. P. ch. ^yfol. 8 < 5 , 87. 
 
 Now thefe deceitful Malts are of 
 three forts, to wit, fuch as are not well 
 made , and that is where Barly Malt 
 hath not in the making thereof in the 
 Fat, Floor, Steeping and drying there- 
 of, three weeks at the leaft, except it be 
 in the Months of June^July and Auguft,, 
 
forCoptjiabUf.Scc. 6^ 
 
 and in thofe Months It raurt have ij 
 days i for under fuch times it cannot be 
 well made nor wholfom. 2E.6.ch to 
 Valt. J. P.eh.^^.fal.Sj. 
 
 Secondly, No Malt ought to be put 
 tofale, unlefs before the fale thereof, by 
 treading, rubbing and fanning it, they 
 take out of every Quarter half a peck of 
 dull:, or more, on pain to forfeit 20 pence 
 for every Quarter otherwife fold, to be 
 divided between the King and the Pro- 
 fecutor. 2 E. 6. to. 
 
 And thirdly, if any Malts be put to 
 lale, which are not well made, as afore- 
 faid according to the limited time, or 
 which are made of Mow burnt or Spi- 
 red Early , or mixed of good and bad 
 together, they forfeit for every Quarter 
 fo put to fale two fliillings to be divided 
 between the King and the Profecutor, 
 as atorefaid. 2 E. 6 .ch.to.& Wimate\ 
 Stat.nt.Malt. ^ ® 
 
 Note, that nonelhall bepunilhed by 
 this A 6 t, who only make the Malt for 
 their own provifion, nor for the penal- 
 
 !if* ^ quarter , unlefs 
 
 the Aftion be proftcuted within one 
 year. Wingate Stat. Tit. Malt, 2 E. 6. 
 ch.io.Dalt.J.F.ch. 33.fcl.S7. 
 
 CHAP. 
 
70 
 
 A Guide 
 
 CHAP. XXII. 
 
 the Cof^ahles Office about the Militia. 
 
 T Hc Conftables by Warrant to that 
 purpole, under the Hand and Seal 
 of the Lord Lieutenant, or any three 
 or more of the Deputy Lieutenants, are' 
 to Levy fuch Sums, Forfeitures, Penal- 
 ties and Payments , as lhall be charged 
 upon any perfon,or perfons, within their 
 feveral Conflableries, for the furniihing 
 of Arms, Horfe, or Foot, or payment of 
 Soldiers, according tothe Ai^s for 
 the Militia. 14 C^r. 2. ch. 3. 15 Car. 2. 
 ■cb. 4. 
 
 And where fufficient Diftrefs cannot 
 be had, then the Lord Lieutenants, or 
 their Deputies, by like Warrant to the 
 Conliable, may commit fuch Offender 
 to PrHbn until he (hall make fatisfadi- 
 on according to the laid Forfeiture, Pay- 
 ment, or Penalty. 1 5 Car. 2. ch. 4, 
 
 CHAP. 
 
for CorJiablet^Scc, 
 
 CHAP. XXIII. 
 
 71 
 
 ne Cottflabhs Office about Mofs. Troopers. 
 
 T He Conftables and other Officers 
 within the Counties of Northnm. 
 berland and Cumberland^ upon Warrant 
 from the Juftices of the Peace, are to 
 Levy by Diftrefs and iaJe of the Par* 
 ties Goods ( rendring the overplus to 
 the owners ) all fuch fums as ffiall be 
 charged upon any perfon within their 
 feveral Conjableries , by the Juftices 
 at their Seffions , for the fafeguard of 
 the Counties againft the Injury Theft 
 and Rapine of Mofs- Troopers •, and 
 the julhees alfb may examine any 
 complaint againft the Conftables or o- 
 ther Officers that (hall negleift , or re- 
 a 2’ 8*'"^ obedience to the 
 
 ^7: f" diOurbance 
 
 therwf, and bind over fuch perlbn to 
 the (garter Seffions to be proceeded 
 apintt according to Juftice. 14 Car. 2. 
 
 This Ad took force from Michael- 
 »w<w, 1662. and was to continue five 
 years, and now by the Stat. 18 Car. 2. 
 
 it 
 
it is continued for feven years longer, 
 which is till ^ichaelmx-, i^74* Car, 
 
 CHAP. XXIV. 
 
 T'fce CoHjiables Ofice about the V$urbing 
 ef Minivers. 
 
 I F any fliatl purpofely , without Au- 
 thority, didurb a Preacher lawfully 
 licenced in his Preaching of the Word, 
 Praying, or Adtniniftring of the Sacra- 
 ments , either by their talking , laugh- 
 ing, humming, or the like, any one of 
 the Conftables or Churchwardens of 
 the place, may of his own Authority 
 
 11^ carry him betorc a junicc 
 || the fame County , who upon due ac- 
 
 ||i culation may, if he think fit, commit 
 B him to fafc cuftody, and within fix days 
 
 mit mm to inc v.uuuuuu 1 . 11 ...- 
 
 to remain for Three months, and from 
 
foT ConjiitbleSy^c^ 
 thence to the next Quarter Seffions at 
 which upon the parties Reconciliation 
 and entnng into Bond , for the gS 
 behaviour for one whole year fafthe 
 
 f he may be rt 
 
 ftTnaev^ he ‘" his ob- 
 
 itinacy , he muft remain in Prifon /HU 
 
 without Bay], uutil he ftall reconcile 
 
 and be penitent for his offence. i Mar’ 
 
 ‘Tit.Sacral 
 
 mtHU Dalt J p. ch. 4r. /,/. , 
 
 We that refeues an offhndpr 
 kind, (ball fuffer like imprifonmentjSd 
 forfeit Five pounds belides, and the In- 
 habitants tbit fuffet fuch an offender to 
 efcape being prefented before the 
 Rices of Peace in the Seffions withfo 
 S County, or Corporation where the 
 efcape was made, do alfo forfX f* 
 pounds. ^^iWate’s c heit 
 
 j retrain the lurif 
 
 beit n Je a^e m bfpfnT^^^^ 
 
 E 
 
 CHAP, 
 
74 
 
 A Guide 
 
 CHAP. XXV. 
 
 The ConjlabUs Office about the Peace. 
 
 
 T He Conftable tray do what he can 
 to keep the Peace, but he cannot 
 uke Surety of the Peace at the requelt 
 of any man. Cromp. d. 12 H. 7. fot. 
 
 *^Note, That the breach of the Peace 
 is faid to be any injurious force or vio- 
 lence ufed againlf the pcrfon of 
 ther, his Goods, Lands, or other Poi- 
 fefl'tons, whether it be threatning words 
 or furious gehures, or force of the body, 
 or any other force ufed in terrorem.Valt. 
 
 J.?.ch.^.fol.s>> , 
 
 The Conftable , or other Officer, 
 before he Arreft the party upon a War- 
 rant for the Peace, ought lirft to ac- 
 Quainthim with the matters, and with- 
 al to require or charge the party m ^ 
 the Kings Name, to goalongw'ith him 1 
 before the Juftice, to find and put in 
 Sureties according to the Warrant 1 
 and if the party rCtufc either to go 
 before the Juftice, or to find Sureties 1 
 then she Officer by vertue of the lata 
 
 Warrant 
 
for Cotfjiahles^ See. 7 j 
 
 Warrant may and ought forthwith Ar- 
 
 rett him , and convey him to the Gao! 
 without carrying him to any Juftice.and 
 there the party is to remain until he 
 mu voluntarily o/Fer and find Sureties ; 
 and then fuch officer ,muft be at the 
 next Seffions of the Peace, there to de- 
 hver his faid Warrant in, and tocertific 
 II that he hath done thereupon. t>a/f, 
 j. P. ch.69.fol. ,66 5 E. 4. 15. lam^. 
 92. Bro. faux Imp. 18. Cromp. 255. 
 
 But if the party yield to go and find 
 Sureties, then the Officer may not abfo- 
 lutely Arreft him, but yet the Officer is 
 not bound to go up and down with the 
 party to find Sureties , but may keep 
 him till he can procure Sureties to 
 coir.e to him i and if afterwards the 
 Fwy lhall mike any refifiance, orffiall 
 offer to go his way , then the Officer 
 may Arreft him , and carry him to the 
 
 S. L’ imprifon him in the 
 
 fefocks unti he can provide aid to car- 
 
 ^ y ^ 9 - 
 
 It a Conftable or other Officer, ha- 
 ving a Warrant from a Juftice of Peace 
 o rreft a man , to find Sureties for 
 we rcaccp do afterwards receive a 
 Tl 2 
 
perfedeas out of the Chancery, or 
 from another Juftice of the Peace of the 
 fame County , to difcharge the fame 
 .Surety of the Peace, and yet neverthelefs 
 the Officer will urge the party to tind 
 Sureties by vertue of the Warrant, the 
 party may refufe to give it, and if he be 
 Arrefted or Imprifoned for fuch Refufal, 
 he may have his Adiion of falfe Impri- 
 fonment againA fuch Officer i for fuch 
 Superfedeof is a Difcharge of the former 
 Precept or Warrant. Lamb. loj. T>alt. 
 J. P. c. S^.foU idS. 
 
 If any (hall abufe a Conftable in do- 
 ing of his Office,thc ConAable may have 
 the party bound to his good behaviour 
 for it. fiiz. Barr. 202. Cromp. 135. 
 
 If a Conftable be informed that a 
 .man and a woman be in Adultery or 
 Fornication together, or that a man and 
 a woman of evil Report are gone to a 
 fufpedfcd houfe together in the Night, 
 the Conftable m^ take company with 
 him , and if he find them fo, he may 
 carry them before a Juftice of Peace, to 
 find Sureties for the good behaviour. 
 1 3 H.7. 1 o. Bro.’traverf .432. Valt. J. P. 
 eh.y^.fol, i8p. 
 
 CHAP. 
 
for Corrflables^^Q, 
 CHAP. XXVI. 
 
 77 
 
 "Ihe CoMfiables Office about Thyficiani.. 
 
 He Confrables and .other Officers 
 
 miles 
 
 the Prefident of the Collcdge of Phyfi. 
 
 aid Colledge for the due execution of 
 
 f^d^Colt^"'^ Statutesbclongingto the 
 laid Colledge , upon pain of running 
 mro contempt to the King, r M. Par. ,! 
 
 W. ‘li*- fhyfi- 
 
 CHAP. XXVII. 
 
 rhe Corjlabks Office about the Pl^gne, 
 
 Pdwiii— " or l>eing or 
 
 fh/oT infei^ed with 
 
 the Plague, {hall be by the Conlhbk 
 commanded to keep hishoufe, and not- 
 
 an^rn"'^'"f wilfully- go abroad 
 and converfe m company ; having any 
 
 ■■*a.ous So,, on hr„;’i, isFefoo"? 
 
 E 3 and 
 
A Guide 
 
 and if fuch peifon ihall not have fuch 
 Sore about him, yet for hts offence he 
 {hall be punilhed as a Vagabond > by 
 the appointment of any one Juftiee ot 
 the Peace, and further (hall be bound to 
 his good behayiour for one whole year. 
 IVmgateh Stat. lit. Tlague. l Jnc. c. 3 1. 
 Valt^ J. P. c. sp.fil- 9 1 • ^ 
 
 The Juftices of Peace, or any one 
 them, and other Head Officets in Cor- 
 porate Towns, within their (everal h- 
 mifs, may appoint Searchers, Watch- 
 men, Examiners, Keepers, and Burners 
 for the perfons and places infeaed > 
 and if any perfon infeded, ®r dwel- 
 ling and being in an houfe infected, 
 fliall contrary to the commandment or 
 appointment of the Juftiee of Peace, or 
 Conftable, wilfully attempt to go 
 abroad, ot to refill fuch their Keepers 
 or Watchmen, then may fuch Watch- 
 men with violence force them to keep 
 their houfes , and if any hurt happen 
 thereupon, the Watchmen lhall not be 
 impeached therefore. i J‘tc. ch. 31. 
 Valt.J. P,ch. Cramp. 122. t>, 
 
 Wingetee^s Stat. 'lit. Plague. 
 
 If the Conftable or other Omeer wil- 
 fully neg’edt to levy the njoney ( by 
 
for Conjiables^^c. 7 ^ 
 
 Warrant from two Judices of Peace, 
 upon the Statute for Relief of any 
 Town infeded with the Plague) by 
 Dihrefs and fale of the Goods of fuch 
 perfons as refufe or negkdt to pay i 
 then they forfeit for every fuch Of^ 
 fence ten (hillings to be innployed.tty 
 the faid Charitable ufe. VTingcite'i Sut! 
 fif. Plague. I Jac.c.31. Valt. J. ?. c^ 
 fp.fol. pi. 
 
 CHAP. XXVIIf. 
 
 T[be Cofifiahles Office about conveying Pri- 
 foners to the Gaol. 
 
 A n Oflfender which is to be con- 
 veyed to the Gaol, if he be able, 
 mull bear all charges , both of himfdf 
 and of thole that guard him > and if he 
 refufe to defray and bear the charges, 
 ©r (liall not at the time of oommitment 
 pay or bear the fame, then upon a War- 
 rant from a Judice of Peace, the Con- 
 (lable of the Townfhip, where the Of- 
 fender hath any Goods ( being within 
 the fame County ) may (ell (b many of 
 the parties- Goodj as in the difcrction 
 E 4. of 
 
8o ^ A Guide 
 
 of the Juftice (hall be thought fuffici- 
 ent to fatlshe the faid charges, the Ap- 
 pri^ement to be made by Four Inhabi- 
 tants of the Parifii where fuch Goods, 
 be, and the overplus to be rend red to 
 the owner. 3 Jac. c. 10. T)alt. c, 
 
 104. Wingate's Stat.Ht. Prifon. 
 
 And if the Offender have no Goods 
 to fatisfic the charges, then the charge 
 muft be born by the Town where the 
 Offender was taken, which mud be laid 
 on by Way of Tax by the Conftable, 
 Churchwardens , and two or three 0- 
 ther honed Inhabitants , and where 
 there are no fuch Officers, then four of 
 the principal Inhabitants of the Parilh 
 mud lay on the Tax, which being al- 
 lowed under the hand of a Judice of 
 Peace, every Inhabitant mud pay their 
 proportion according to the Tax j and 
 if any refu(e to pay,the Condablc,Tyth- 
 ingman, or other Officer, by Warrant 
 from a Judice of Peace , may levy the 
 fame by Diflrefs Cand after apprifement 
 by four Inhabitants there ) may fell the 
 fame,rendring the over-plus to the party 
 Ib refufing. 3 Jac. c. 10. Wingate's Stat. 
 “lit. Prifon. 
 
 Here if the Confiable, or other Offi- 
 
for CoMjiak'es,Scc^^ 8i 
 
 cer, that di(trains,bc fued, he (hall plead 
 Jiiitihcation , and upon verditft for or 
 Nan fuitof the Plaintiff, he ffall recover 
 treble Damages, befides Colls of Suit. 
 S jac. c. 10. 
 
 CHAP. XXIX. 
 
 ConJijbles Office about TuTveyance. 
 
 ^^He ConAab’es duty about Purvey- 
 A ance, upon the Stat. 3 d E. 5 . c. 2 . 
 5 E. 3. ch. 2.20 H..d. ch. 8. 2 3 H. 6 . 
 ch.iy. &2,3P.^ M. ckd. is how of 
 little or no ule i for it is enadfed by the 
 12 Car. 2^ That fiom henceforth no 
 Moneys , or other thing foall betaken, 
 rated orlevyed for any Provifion, Car- 
 mges , or Purveyance for the King, 
 his Heirs, ^c. or for t lie King, Queen 
 or any of their Children , for the time 
 being, or any of his Houdiold, of any 
 Timber Fewel, Cattel, Corn, Grain, 
 Malt , Hay, Stiaw, Vidruals, ^art, or 
 Carnage, Oxen, Horfes, Ploughs, 
 Wains or other Carriages, or any o- 
 ther thing from any Subjedf, wiihout 
 full and. free confent of the owucr 
 E 5 firfi’ 
 
fir ft obtained without menace or 
 forcemcnt i but note , that this afore- 
 faid claufe being found to be t^ preju- 
 dicial to the King, if the Subjeds might 
 not be forced at reafonable prices^ to 
 furnifh the King with Carriages , it is- 
 therefore altered by the Stj*t.oftl>e 13 
 Car. 2. ch. 8. and is thus enaded : 
 
 That the Clerk or Chief Officer of 
 the Kings Carriages three days before 
 his MajelUes Arrival, by Warrant from 
 the Greencloth , foall give notice in 
 writing to two Juftices of the Peace 
 adjoyning to the place where his Ma- 
 ielly is to come, to provide fuch.a nvnn- 
 ber of Carts and Carriages as the faid 
 Officer ihall need for the work, and to 
 exprefs the time and place where the 
 laid Carts and Carriages are to attend 
 and then thefe ]uftices are to require 
 the Country to provide the number ot 
 Carts and Carriages of four able Hor- 
 fes , or four Oxen and two Horles a 
 piece, at fix pence a mile for every mile 
 they go laden, to be paid them in han^ * 
 at the place of lading > and no Carri- 
 age to be enforced to travel above one 
 days Journey , from the place where 
 
 they receive their Lading » and if 
 ^ lefute. 
 
firCotiJlahles^ &c. 8^ 
 
 rePiile, or fiull not be ready at the time 
 and place , not having good cauie to 
 fliew to the contrary , the faid JulHce? 
 upon due proof thereof, and convicaion 
 of the offence by the Oath of two Wit- 
 neffes, or the Oath of tlie Conftable, or 
 other Off :er, may C by their Wirrant ) 
 ca ift to be levied of the Goods of the 
 Offender 40/. by dillrefs and fale, ren- 
 dring the overplus to the owner. 12 Car. 
 2 * c. 8. 
 
 If any Jufltce of Peace, Officer, or 
 Conltable, flnll take any Gift or Re- 
 ward to fpare any perfon from making, 
 fuch Carriage , or fhall imprefs more 
 Cirriages then fhall be directed from 
 the Greencloth , upon due proof and 
 convicffion thereof, the parties offend- 
 ing (hall forfeit Ten pounds to be reco- 
 vered by any perfon by A<aion of Debt 
 in any of his Majefties Courts of Re- 
 cord ; And if any perfon fliall take up’ 
 on him to Imprefs HoiTes, Oxen, Carts 
 and Carriages, other then the perfons 
 afore(aid,upon conviction of the offence^ 
 he fliall fuffer the punifoment contained 
 in the 12 Car, 2. c. 24, which fee in the 
 enfuing cafe of Pre-emption, vid'e 13 
 Guir. 2.V. 8. 
 
 No 
 
84 -I, Guide 
 
 No Pre-emption fliall be allowed to 
 the King his Heirs or SuccelTors, nor 
 to the Queen, or any of the Children 
 of the Royal Family, in Market, or out 
 of Market j but it is now lawful for all 
 SubjeiSis to difpofe of their goods as 
 they pleafe , and if any perfon fliall 
 make any Purveyance, or Itr.prefs any. 
 Carriages (othcrwife than as is appoin- 
 ted by the i^.Car. 2. <>. 8. In the two 
 before going Cafes fay order of the 
 Greencloth ) or other things by co- 
 lour of any Authority of Purveyance 
 for the King, &c. contrary to the 12 
 Car. 2. ch. 24. then two or one Juftice 
 of Peace next adjoyning, and the Con»- 
 liable of the place where fuch o^nce 
 (hall happen, at the requeft of the party 
 grieved, fliall commit the party oflend- 
 ing to the Gaol, until the next Seffi- 
 ons, there to be Indidled and proceed- 
 ed againft for the fame, and the party 
 grieved fliall have his Action againft 
 the Offender, and therein fliall recover 
 treble damages and treble cofis. ii Car, 
 z. c. 24. 
 
 Two or more Juflices of the Peace 
 by Warrant from the Lord High Ad- 
 miral of ’England^ 01 two or mere of 
 
for Coffjtabks, §5 
 
 tte Principal Officers, or Commiffio- 
 ^rs of the Navy, or of the Mafter of h°s 
 
 the Lieutenant 
 of h's Ordnance, are to provide Car- 
 mges with Horfes and Oxen out of 
 not being above 12 miles 
 dUfant fiom the place of Jadine the 
 
 of load 
 
 evew^"' P""f and for 
 
 every Tun of other Commodities 8 
 
 pence per mile i and fuch perfons as re- 
 ti'fc or negk<a to make their appear- 
 nee, then upon Oath by the Conlia- 
 fi ’ credible Witneffies, before 
 the Juices, &c. fuch perfon refufine or 
 2 or. to be levied 
 
 «d Sale of hh Gcod/and 
 
 Chattels by Warrant frotn the faid In. 
 
 ices. Mayor, or other chief Offi«r 
 or from the principal Officers or Com* 
 
 miffionersof hisMajefliesNavy, or 
 
 Mafter or LieutenaEt of his Majeffies 
 Oidnance refpedtively , rendring the 
 overplus, if thprp ^ ^ 
 
 otc, That no HorfeSi Oxen-, Cart, 
 Wain, or other Land Carriage, fhall be 
 
 IE- 
 
85 A Guide 
 
 inforccd to travel more days 
 
 Mn;:^'irrs’op.s 
 
 Juftices of Peaces and that J 
 
 be made to the pairties m hand 
 place of Lading, according to the Rates 
 aforefaid. i4Cjr. a. eao. 
 
 Ifthelurtices, Mayor, chief Ofh.er, 
 Conftable , or any perfon appointed, 
 fhall take any Gift or Reward to fpare 
 any , or maliciouay charge or grieve 
 any perfon through Envy,eS^c. they for- 
 feit Ten pounds, to be recovered in any 
 
 of his Majedies Courts of Record. And 
 
 tf any take upon them to Imprefs Hor- 
 fes, Oxen, Carts, eJi-c. other then the 
 
 perronsaforefaid,theyareto b; pun ined 
 
 as is appointed by the 12 
 
 which fee before in the cafe of Pre emp- 
 
 tion. Car. 2. c. 20. 
 
 Note, that this of the r-l- 2nd 
 
 the 1 3 Car. e. 8 . ftand upon continuance 
 till the end of the hrft Seflion of the next 
 Parliament- 
 
 GHAP* 
 
for Cof/Jial>ks^ ^c. 
 
 CHAP. XXX. 
 
 The Cenjiahles Office about garter hlo^ 
 Mies for Maimed Soldiers^ Trifoners- 
 
 fir/* ^ 
 
 He Conftables and Churchwardens 
 
 are to levy, by Diftrefs and Sale 
 of the Offenders Goods, fuch money as 
 is rated upon any pcrfon within their 
 ^onftablery for the Relief of poor 
 maimed Soldiers and Mariners , ren- 
 dring the overplus to the owner. 43 
 ¥M&. 3. mngate's Stat.Tit,Captai»s and 
 Soldiers, i^Car. a.c.p. 
 
 And this Money, do colteiffed, Is to- 
 be paid quarterly to the High Con- 
 ffafale of the Hundred Ten days be- 
 fore every Quaiter Sdfois , or elfe. 
 the Conltable and Churchwardens , 
 their Executors, &c. forfeit twenty 
 fliillings; And the High Conftable is 
 to pay in the Colledficwi money ( to the 
 Trcaiurers appointed by the Juftices) 
 every Quarter Scflions, or otherwife he,, 
 his Executors, c^c. forfeitS4o /. which 
 forfeitures are to be levied and employ- 
 ed by the Treafurers for the encreafo 
 
88 A Guide 
 
 of their Stock for the ufes aforcfaid. 
 
 43 El. c. 3. 14 Cdr. 2. c. p. & ITmgau s 
 tStaf. 7 it. Captainr and S oldiers . 
 
 The High Conftables are to make 
 Quarteriy payment , at every Seilions 
 unto the CoUedors appointed by the 
 lulVices, of all fach Sums of money as 
 are raifed in every Parlib, and paid to 
 theni by the Churchwardens or Con- 
 ftables, for the Relief of the poor Pri- 
 foners in the Gaol, under pain of Hve 
 pounds. i\El.c. Wingate^'s Stat.Titi 
 Vrifon and Vrifoners. 
 
 The Conftables and Churchwardens 
 are to levy, by Diftrefs and Sale of the 
 Oifenders Goods, fo much money as is 
 rated upon any perfon within their Pa- 
 ri(h for the Relief of the Prifoners in 
 the kings Bench and Marftialfey , and 
 alfo of Hofpitals and Almflioufes, and 
 relief of the poor within their Coun- 
 ty, rendring the overplus to the own- 
 er > and for want of fuch Diftrefs, the 
 Tuftice of Peace may comtnit the party 
 to Prifon, there to abide till it be paid, 
 without Bayl or Mainpriie i which mo- 
 ney the Churchwardens are to pay to 
 the High Conftable ten days before 
 the end of every Quarter SeftTions, -, aud 
 
for Cofijlablesfizc. 
 
 if the Churchwardens their Executors^. 
 &c. fail to pay this Money, they for- 
 feit Ten fliillings j and if the High 
 ConfiabIe,his Executors, fail to pay 
 the Treafurers of the County the fame 
 money at the Quarter Seffions, they for- 
 feit twenty (hillings > which Forfeitures 
 the Treafurers may levy by Diftrefs and 
 Sale as aforeiaid, and the Moneys to be 
 imployed to the ufes aforefaid. 43 £//«. 
 ch. 2. Wingate's St at. rit. toor People. 
 T>alt. J.P. eh, 135. 
 
 CHAP. XXXI. 
 
 7 he Confiables Office about Popiffipiecu- 
 fantf, 
 
 l^Opiih Reculants above Sixteen 
 j ^8^) O’ all within Forty 
 
 ays after their convitSion repair to 
 their ufual dwelling, and not remove 
 above Five miles from thence, in pain 
 
 Goods and Lands, 
 and Annuities during Life i and if they 
 lave no certain abode , then are they 
 to repair to the place where they were 
 
 born. 
 
A Guide 
 
 born , or 'where their Father and Mo- 
 ther dwells , and within twenty days 
 after their arrival , there to give their 
 Names in writing to the Minifler, 
 Conftables and Headboroughs, which 
 Minifter is to enter them in a Book 
 to be kept for that purpoie , and he, 
 together with the faid Conllabks and 
 Headboroughs, are to certiftc the fame 
 to the next Quarter Scifions, where the 
 Juftices of Peace mull caufe the tame to 
 beinrolled. n.c. 2. Wingate s Siau 
 Cron>n. 
 
 The Conftables and Churchwardens, 
 of every Pariih, or the one of them, or 
 if there be none fuch , then the High 
 Conftables of the Hundred there , arc 
 once every year to prefent at the Gc» 
 neral Seffions of the Peace, the month- 
 ly abfence from Church of evei'y Po- 
 pifli Recufanf and their Children, be- 
 ing above the ag'e of nine years , and^ 
 their Servants together with the age of 
 their Children as near as they can 
 know them , in pain to forfeit refpe- 
 Cjively for every fuch default twenty 
 [hillings s which Piefentment the Clerk 
 of the Peace, or Town Clerk fliall Re* 
 cord without Fee , in pain of Forty 
 
for CaKjiablesfiz.c. 
 
 ftilHngs. Wingate^ Sut.Ttt. Crown, 2 . 
 Jac. c. 
 
 If the Mini/Ier, petty Conftable, or 
 Churchwardens of any Parifti, or any 
 two of them, fhail complain to any Ju- 
 ft ice of Peace, \>f any perfon fufjjedied 
 for Rccufancy , then any fuch Juftice 
 may tender the Oath of Supremacy to 
 the perfon fafpeded , and if lie refufe 
 to take it, then the Juftice may com- 
 mit the party to the Gaol , there to re- 
 main until the next Affifes or Selfions 
 of the Peace > and if then the party 
 refufe again, he incurs a Vrimunire, but 
 if it be a Woman Covert, flie ihall only 
 be imprifoned, there to remain without 
 Bail till ftie take the faid Oath. Win- 
 gate^s St at, Tit. Crown. Dalt, J, P, ch,. 
 
 108. 7 Jac, c. 6. 
 
 CHAP. XXXII. 
 
 ’the Conjiable/ Office about Riott and 
 Routt, 
 
 S Heri/fs, Conftables , and all other 
 the Kings Officers , (hall fupprefs^ 
 Rioters, and imprilbn them, and all o- 
 
 . ther 
 
92 
 
 A Guide 
 
 ther Offenders againft the Peace. Win- 
 gate^ % Stat.’tit.KieU^&cc, 27 R. 2. ch. 8. 
 
 Knights and all other Temporal per- 
 fbns under that degree, that be above 
 the Age of Fifteen years, and be able to 
 Travel, upon wartiing given are to be 
 affiftant to the Juflices, when they (hall 
 be reafonably requefted to fupprefs Ri- 
 ots on pain of Imprifbnment , and to 
 make Ranfom to the King. 2 H. 5.8. 
 Wingate'' s Stat, ‘Tit. Kioti^ dec, Valt. J, 
 P. ch. 4d. fol. 114. 
 
 Note , where three perfons or more 
 (hall come or affemble themfelves to- 
 gether, to the intent to do any unlaw- 
 ful Ad, with force or violence, againft 
 the perfon of another his polfelfions 
 or Goods? as to kill, beat, or otherwife 
 to hurt, or to imprifon a man v to pull 
 down an Houle, Wall, Pale, Hedge, or 
 Ditch i Wrongfully to enter upon, or 
 into another mans Pofleflion, Houfe, or 
 Lands, &c. or to cut or take away 
 Corn , Gra(s , Wood, or other Goods 
 wrongfully , or to hunt unlawfully in 
 any Park or Warren, or to do any 0- 
 ther unlawful ad (with force or vio- 
 lence) againft the Peace, ortoth^ma- 
 nifefl terrour of the people j if they 
 
for ConJiahles^Scc. 92 
 
 only meet to fuch a purpofe or intent 
 although they ftall after depart of 
 thpr own accord, without acting any 
 thung yet this is an unlawful Aflem- 
 bly faecaufe of their intention at the 
 
 3 part.lHfl.fol. ij 6 . Valt.J.P.ch.^. 
 foL 2 1 7. ^ermI de Ley^verb. Rout. Lamb. 
 lyp.iSi. 
 
 th/Jthflf as aforefald, 
 
 they ihall ride, go, or move forward to- 
 
 wards the execution of fuch Aft, whe- 
 ther they put their intended purpofe in 
 
 executmnornot,thisisaRourBi" 
 
 de°L^' Therms 
 
 rfe Uy^ verb. Rout.Vah. J. p, oh. %.fol. 
 
 T « IS a Riot. Co. 7 part 
 
 vai/ i ^^0^' 
 
 CHAP. 
 
94 
 
 A Guide 
 
 CHAP. XXXIII. 
 
 Ik* Confiables Office about Rogues and 
 Vagabonds, 
 
 T He Conftable Hcadborough , or 
 Tythingman, affilkd by the Mt- 
 nifter and one other of the Paiilh, is to 
 fee ( or do it himfelf; Rogues and Va- 
 rgabonds, wh'ch {hall be taken begging, 
 iirippcd naked from the middle up- 
 wards, and openly whipped till their 
 body be bloody, and then forthwith to 
 be lent away from Conflable to Con- 
 ftable the next ftraight way to the 
 place of their birth, and if that cannot 
 be known, then to the place where they 
 la(t dwelt by the (pace of one whole 
 year , before fucfa punilhment •, and if 
 that cannot be known , then to the 
 Town through which they laft palled 
 unpuniflied : And when they come 
 
 there, if it cannot be difcovCred where 
 they were born, or laft dwelt as afore- 
 faid , then are they by that Conftable 
 to be conveyed to the Houle of Cor- 
 redion , or Common Gaol of the 
 County, to be imployed in work, or 
 
for Coftjiablet^ See. p 5 
 
 placed in feme fervice, and fo fo con- 
 tinue by the fpace of one year i or in 
 cafe they be not able in body , that 
 Town is tolceep them till they may be 
 placed in ibme Almihouie within the 
 ftme County, sp El. ch. 4 . Wing. Stat. 
 Ttt, Vagabonds. Refolue. Judges Sed 
 714* ^oljt. 2. Fart. Rep. fol. 258. 
 
 ^ After fuch whipping, the Vagabond 
 K to have a Teftimonial under 'the 
 Hand and Seal of the Conilable, Tyth- 
 ing-man,^c, and the Minifler, teftify- 
 ing the day and place of his puniih- 
 ment , the place to which he is to be 
 conveyed, and the time limited for his 
 palTage thither i which time, if by his 
 own Default he exceeds, he ih all from 
 time to time incur the like puniihment 
 till he arrive at the place limited i the 
 ^bftance of the Teftimonial is to be 
 Regiftred by the Minifter in a Book 
 which he is to keep for that purpofein 
 
 ^f'th °r See the^ Form 
 
 If any Conftable, Head borough or 
 1 ythingman, be found negligent in the 
 due execution of the Aift of the jp E- 
 
A Guide 
 
 liz. aforefaid, he forfeits Ten fhillings 
 for every Default, and all fuch perfons 
 as fhall in any wife difiurb or hinder 
 the execution of the Law > or any part 
 thereof, concerning the punifhmcnt 
 of Rogues forfeit five pounds , and 
 to be bound to the good behaviour : 
 and obferve therefore that by the Re- 
 fblution of the Judges, SeS. 13, 14* 
 •where a Rogue is to be conveyed from 
 Conftable to Conftable the next 
 ftraight way to the place of his birth, 
 in fuch cafe , if the Co.rftable of any 
 Parifh will not receive fuch Rogue, to 
 convey him to the next Conftable, &c. 
 this is a forfeiture of Five pounds in 
 fuch Officer that (hall not receive the 
 party, to convey him or her, and he 
 may be bound, as aforefaid, to the good 
 behaviour, and if he receive him, and do 
 not convey him to the next Conftable, 
 it feems he incurs the like penalty, 3? 
 Eliz. ch. 4. Foul. Vag. 5 > 
 
 J. P. ch. 47. /o/. 128. & Kefol. Judges. 
 
 13,14. , , 
 
 Every perfon fhall apprehend or 
 caufe to be apprehended, fuch Rogues 
 as he fhaU fee or know to refort to his 
 
 houfe to beg, or receive any Alms, 
 
 and 
 
for ConJ{ab!es,^C. 
 
 anJ hta or , hem fhall carry, orcaofc 
 to be carried to the next ConftabJp 
 
 rfht: 
 
 ault Ten fiiillmgs i and the Conftabic 
 >s to whip and convey fuch Rogues as 
 afore directed on pain of twenfy (hil. 
 hngs. x jac.ch.j. Foul, y^g. 5. T>alt. 
 
 T.,/v^Zt 
 
 by Warrant under their Hands and 
 Seals, may caufe to be levied by Di- 
 
 alUhfr f i!'" Offenders Goody 
 the Fines and Forfeitures aforefaid 
 W.nted by the 35 E/feet 4! 
 ^ r 7<rr. cA 7. gfter Con vision of the 
 P rty, which ttiuft be after by confeC- 
 b or proof of two ftifficicnt Wit— 
 neffes^fore the faid JulHces j Pou/. Fag.. 
 ’39 Ehz. ch, 4. 1 Jac. ch. 7. f f 
 
 gahtnd!"^' 
 
 -tRlca'' Tythingmeo' 
 
 R<»UCS iron fi>' 
 
 /lid of P«C aT' 
 
 flip lift- ’ 1 appear before 
 
 te Julticcs at tltti, meetiog appoior- 
 ti fcr .ha, purpjfe . 
 
 vpon Oath in Writing under 
 
 f 
 
^8 AGnidt 
 
 the Mlnifters hand , teftitying what 
 Rogues, they have taken in that. 
 
 fe«ch, or fince the laft meeting, and 
 how many have been pun.fhed ot 
 otherwife fent to the Houfe of Cor- 
 region, or if 
 
 convey fuch to the Houfe of Corrc- 
 aion, as by the faid ]uftices Warrant 
 are to be committed thither, ^ 
 to incur what Fine the ]uftices pleafc to 
 fet upon them , fo that it ex^ed not 
 Forty^fhilUngs. yjac.ch.^. Wingates 
 Stat.7it, Vagabond. 
 
 Any luftice of Peace may Reward a- 
 ny petfon or perfons who fhall appre- 
 hLd and bring before him any Rogue, 
 Vagabond, or Sturdy Beggar , by 
 I?nlg to fuch perfon a Warrant 
 
 hi Hand and Seal <0 Cc^ 
 
 ftable , or Tythingman oi *e 
 through which the Rogue, «S^c. did P»f% 
 unapprehended, ordering^ the Confta- 
 ble, ^c. to give fuch perfon two ft.l- 
 lines for every Rogue fo taken 
 and if fuch Conhable, &c. lefufe or 
 negk<a to pay the fame, the 
 the Peace may proceed againll fuch 
 
 Conftable,d^c. according^ to the Ma 
 
 tute of the I Jae.ch.7. before m^ti 
 

 fA- Cbfrjiabies^ See. g a 
 wied and then compel him to pay Co 
 mudv^ney as he hath forfeited by the 
 tatutes, and allow the faid Two 
 
 anf r 15 '"i apprehend 
 
 cL the Confines of any 
 
 Parift^nf'^' fhfrough any 
 
 a^,rs:’“.sr,pps: 
 
 „fX™”''„r Thai^G 
 
 !>= paired U„appj?h"en- 
 
 ?he LL / * Certificate under 
 
 hand of fome Juflice of Peace of 
 the County where fuch Rogue was aL 
 
 the Confiabl^d;!! "rpay'"twf lif' 
 
 ceed again,, ft, h Coinaile, V? S 
 
 p“[t “ P»r MUngs ,0 .1^ 
 
 P y> or io much thereof, for lofi of 
 
 c“'l?fa!-'“'’'“"“'' ''>“ *• '4. 
 
 Whereaa ConOaMei, Tyching,nen, 
 
 F z -■ 
 
100 AGftide 
 
 &c. are at great charges in Relieving 
 conveying with PalTes , and carrying 
 Rogues, &c. to the Houfes of Corre- 
 dion, &c. It is enaded that all Con- 
 ftables , Tythingmen, e 5 >-c. fo out ci 
 Purfe, together with the Churchwar- 
 dens and Overfecrrs of the Poor, and 
 ether Inhabitants of the Pariflr , rray 
 make a Rate and Tax. all the Inh^ 
 bitants of the Parifh, chargeable by the 
 42 Eliz. which Rate mutl be conhrm- 
 ed by two JuAices of the Peace under 
 their Hands and Seals •, and if any per- 
 fon refufeto pay his part thereof, then 
 by Warrant from Two J.uftices the Con- 
 liable may levy the fame upon the par- 
 ties Goods, that refufeth, rendnng the 
 overplus to the owner, if any be. 14 
 
 Car. 2. ch. 12. r 
 
 Note, That all thefe perfons follow- 
 ing, being above the Age of feven 
 yeai^ , Man or Woman , Sole or Co- 
 vert , that wander from their uiual 
 place of abode , abroad every where 
 begging v or if they do not beg, “ 
 they wander and loyter abroad with- 
 out a lawful PalTport, and give no good 
 reafon for their Travel , ate accoun- 
 ted Rogues ; All Scholars and Sea-tar- 
 
for ConJi 4 l>ies^^c. 
 w which beg , wandring pex- 
 
 Craft pf Games, fufatile 
 
 v-rart, or Plays, or pretending them- 
 
 felves to have skili in Phyfiognomy 
 Pa!medry,or the like, . or to be 
 ne-tellersi all Proctors, Patent ga- 
 
 for r Collectors 
 
 or Gaols, Prifoners, or Hofpitals 
 wandring abroad. Fencers, Bearwards’ 
 Common Players of Enterludcs and 
 idjers or Mmftrels wandring abroad 
 Juglers. Tinkers, Pedlersfand 
 
 nonial , all counterfeit Egypthns not 
 
 0^030*^*^ delivered out 
 
 of Gaols , which beg for their Fees or 
 
 go to or from the Batlies and do not 
 ^rfue^ their Licence i Soldiers and 
 
 Cerdheay counterfeit a 
 
 j-ertiheate of their Commanders s AH 
 
 Labourers which wander .k j 
 of flic P-, n, wander abroad out 
 
 villi '”''"8 »> li- 
 
 anii^r i. *^aintain thcnipilves 
 
 whi' h “ ’ S^ral Pafipott 
 
 ^ IS not diredled froin Parifli to 
 
 L 5 Parifli i 
 
•102 Gnidc 
 
 parifii V all thefc are accounted Rogues, 
 Vagabonds, and Sturdy Beggars: And 
 all Servants departing out ot their Ser- 
 vice ( to wit, forth of one City, Town 
 or Parifh to another, or out of one Hun- 
 dred or County to ferve in anotl^r ) 
 without a Teftimonial , or which ftall 
 be taken with a falfe one , anc. thole 
 that are fick of the Plague , and wil- 
 fully go abroad in company againlt 
 the command of Officers , are to be 
 puriilhed as Vagabonds , but obferve 
 that none but the wandring Rogue is 
 to be lent to the place 6f his birth. 
 
 Or lart habitation i for thofc poor 
 people which beg in their own Parilh, 
 without the appointment ot the Over- 
 feers, or in the High, ways, are to be 
 fent to the Houfe of Corredion. 3 ? , 
 
 Ete. cb, IT > 43 
 
 ch.T. 21 Jac. cb.2$. 7 Jac. ch 24. 
 
 < E//Z. ch. 4. Vag. 2 e:- T.Kefol. 
 
 •judges. 13, 15. J‘ P‘ 47 - 
 
 fol. 123, 124, 125. &Cro.2.fort.P.ef.. 
 
 ^ Note, That the Wife , and Children 
 under feven years of age , being va- 
 grant, mult go and be placed with the 
 Husband » and if the Husband be dead, 
 
 then 
 
foi- Cmfiubles^Bz.C. 103 
 
 then with the Wife where (he was born* 
 or laff dwelt i and vagrant Children 
 above feven years of Age, mult be fent 
 to the place of their birth i and if the 
 vagrant Parents with their Children 
 under feven years of Age be placed at 
 the place of the birth of the Parents, or 
 at the la ft place of dwelling, as the c.ife 
 tails out i if afterwards the Parents, or 
 either of them die, or run away yet 
 the Children once fetled, mu/t remain 
 there ftill, and may not be fent to the 
 place of their birth, though afterwards 
 they attain to the age of (even years i 
 and the Wi e being but a vagrant 
 Rogue , ought to be fent to the Hus- 
 and, though he be but a Servant in ano- 
 
 Rogue whofe place 
 of birth or dwelling cannot be known, 
 having a Wife or Children under feven 
 years of age , they muft go with the 
 Husbai^ to the place where they were 
 laft fuC-red wilfully to pafs through 
 unpunilhed i where the Children mult 
 be relieved with the work of their Pa- 
 rents, though their Parents be commit- 
 ted to the Houfe of Corre<aion. ap El. 
 ch.^. PoHlt.Vag. 2 .Kefoluc. of the Judget^ 
 Sea. 4, 5. Pali. J. P. ch. 1 25. * 
 
 f 4 Now 
 
IC4 
 
 J Guide 
 
 Now the Form of a Tcflimotvial , for 
 the conveying a R«gue that hath bc«n 
 banilhed, is as followeth s 
 
 J ohn Roo a Sturdy Vagrant (of 
 
 taUftaturc^ gray haired^ and blind of , 
 the left Eye ) aged about fifty years ^ 
 this 2d. day /^/Februaiy, in the twentieth 
 year of the Kaign of our moft gracious So- 
 veratgn Lord King Charles the Second of 
 England, &c. openly whipped at Kirk- 
 Lea venton in the County of Y oik yitccord- 
 ing to LatPy for a wandring Kogue > and 
 isaffigned to pafs forthwith from FariJh*to 
 Farijh^ by the Officers thereof^ the next 
 jlraight way to A. in the County of Weft- 
 merland^ where m he confejfeth he was 
 born V and he is limited to be at k. afore- 
 faid^ within fen days now next enfuing 
 at his peril. Given under the Hands and 
 Seals of J. H. Minijier of Kirk- Leaven- 
 ton aforefaid^ and J. M. Conflable there* 
 Wingate’/ Stat. Tit. 
 
 i 
 
 CHAP. 
 
for CoMjiahlesf^c, 
 CHAP. XXXIV'. 
 
 105 
 
 the Conflablet Office about Frofane 
 Stvearing. 
 
 TF any pcrfon or perfons (hall pro- 
 
 •."L r Swear, for every 
 
 umc fo oflPending they forfeit Twelve 
 ^nce i the offence to be proved within 
 wenty days after it is committed, by 
 theOath of Two Witneffes,or by con- 
 leffjon of the party before any Juftice 
 of Peace, or Head Officer of any City 
 or Town Corporate i who thereupon 
 may iffue out their Warrant to the 
 ^nftables, and Churchwardens, and 
 Overfeers of the Poor of that Parilh 
 where the faid offence (hall be com- 
 mitted , and the faid Conftables, &c. 
 are m levy the fom and fums of money 
 by diflrefs and falc of the Offenders 
 Coods rendrmg the overplus,^ tf any 
 be to the owner. 21 fac.ch.zh. f&ar.l 
 ^’^.W,ngatefsStat,fit. St^earm Valt. 
 J.P.c. 55./. 138. * 
 
 ''s to be 
 
 , the Offender , if above Twelve 
 years of Age , (hall by Warrant as a- 
 ^ 5 forefaid, 
 
A Guide 
 
 ^orefaid, to be fet in the Stocks Three 
 whole hours i but if the Offender be 
 under the Age of Twelve years , and 
 fliall not forthwith pay the faid fum of 
 Twelve pence C)athj then he orihc 
 is to be whipped by the Conftable , or 
 by the Parent, or Mafter , in the Con- 
 iiables prefencc. 2i J»c, chap. 20. 5 
 ■ Car. !• chap. "Dalt, jf. F. chap. 55* 
 fol. 13,8. 
 
 CHAP. XXXV. 
 
 "Ihe Cof^ahles Office about Profaningthe 
 Sabbath. 
 
 T He Conftable by ■Warrant from a 
 Juftice of Peace, (or the chief Of- 
 ficer of any City, Borough, or Town 
 Corporate ) under their Hand and Seal, 
 againft foch as ufe unlawful Games on 
 the Sabbath day, as Bull-baiting, Beat- 
 baifpg, 'interludes, or other unlawful 
 Exerci^s within their own Patifh , or 
 out of their own Parifti at any fuch 
 •Sports whatfoever , .may levy the pe- 
 nalty of Three (hillings and Four pence 
 by pjftrefs and Sale pf thp, Pflfendcrs 
 
 Goods, 
 
for to/tJiciblef^%z.c. 
 
 Goods , rendring fhe overplus to the 
 owners i and in default of Diftrefs the 
 Conftable is to fet the Offenders in the 
 Stocks by the fpace of three hours : 
 Note, that the party offending in the(e 
 Games, muft be queftioned within a 
 mon th after the offence committed.iOr. 
 I . ch. I. Bait. J. P. cb. 2^.fol. 6^. 
 
 If any one on the Sabbath day keep, 
 or be prefent at any Wreftlings, Shoot- 
 ings, Bowlings, Ringing of Bells for 
 pleafure, Mask, Wake, Church-Ale, 
 Dancing , Games , Sport , or partime 
 whatfoever, they forfeit Five (hillings 
 if he or (he be above Fourteen years of 
 Age and if under that Age, then 
 Twelve pence by him that hath the go- 
 vernment of the party, to be levied by 
 Sale and Diftrefs by the Conftable, by 
 Warrant from a Juftice of Peace , or 
 chief Olficer , as aforefaid j and for 
 want of Diftrefs to be fet Three hours 
 in the Stocks j and every Carrier go- 
 ing with his Horfes on this day , % 
 Wagoner, Carter or Waynman going 
 with any Wagon, Cart or Wayn, or 
 Dr^er with his Cattel, forfeit Twen- 
 ty (hillings for every offence, to be 
 levied alfo by Diftrefs and Sale of his 
 
 ^oods. 
 
Goods, if he be quehioncd within Six 
 weeks after the offence done > but there 
 muft be but one Twenty (hillings for- 
 feited for one Journey, although they 
 pafs through feveral Parifhes, and this 
 Twenty (hillings that Parilh (hall have 
 where the Diihefs is (irft taken. 3 Car, 
 j, ch. I. Valt.ch. •yO.fol. 134. 
 
 And if any Butcher by himfelf, or 
 any for him , (hall kill or fell any Vi- 
 suals upon the Lords day, he forfeits 
 Six (hillings and Eight pence, to be le- 
 vied by the Cohftable by Diftrefs and 
 Sale, as aforelaid, upon Warrant from 
 a Juftice of Peace, &e. the offence to 
 be queftioned within Six weeks after it 
 is committed , and the parties to be 
 convided before any Juflice of Peace, 
 Mayor, or head Officer, &c. upon their 
 own view, proof of Two Witneffes 01 
 more , or the parties own confcflion > 
 and the Juftice, May.or,«^c. may reward 
 the Informer with a Third part of the 
 penalty. 3 Car.i. cb. i. Dalton’s J. P. ch. 
 <^o.fol. 134. 
 
 CHAP. 
 
forCo^fiabUf,^^ jop 
 
 CHAP. XXXVI. 
 
 UeConjiables Office about 'lobacco P W. 
 
 A of" Peace 
 
 rr.iJni j ’i Information or 
 Complaint made to them , or any of 
 
 them , by any of the Officers o/the^ 
 Cu.Ooins or by any ocher perfon or 
 perfons whatsoever, that there is any 
 Tobacco fet, fown, planted, or crow^ 
 mg withm their Jmifdidions or Prt 
 cincSs r except fuch as is growing in 
 ny PhyiTck Garden of efther UniJe^ 
 %, or m any other private GardZ 
 where the quantity of ground planted* 
 exceeds not one half of one Pole ^ 
 
 one place or Garden } Tey a/e 
 ten days after fuch InformaJion or Com. 
 p aint, to caufetobe burnt, plucked ud* 
 TOnfumed, or utterly deftroyed all fS 
 
 gainft any perfon or perfonsk the due 
 
 execu- 
 
IIO 
 
 A Guide 
 
 execution of this Office as abbvefaid, 
 every peribn oi perfons for every fuch 
 offence, (hall forfeit the fum of Five 
 pound?, to be recovered in any Court 
 of Record i and be alfo committed to 
 the common Gaol of the County where 
 the offence was committed, there to re- 
 main without Bayl or Mainprite, until 
 he, (he, or they, do enter into Recogni- 
 zance to his Majefty, his Heirs and Suc- 
 ceffo^s , with two fufficient Sureties in 
 Jen pounds penalty, not to do or com- 
 mit the like offence again. 1 2 Car, 2, 
 <h. 34. 15 C<ir. 2. ch. 7. 
 
 CHAP. XXXVII. 
 
 “the Ceuflahles Office about Jf'^eigJots and 
 Meafures, 
 
 E very City , Borough, and Market 
 Town within "England, ought to 
 have (Common Weights and Meafures 
 fealed, fit which the Inhabitants them- 
 felves may freely weigh s and all For- 
 reigners muff pay for every Draught 
 under 40 pound , a Farthing , for » 
 Draught between Jorty and a Hun- 
 
for Conjiables^ See. j j j 
 
 *ed, muft pay an halfpenny, and for a 
 Draught betwixt an Hundred and a 
 Thoufand they muft pay a Penny i 
 wherewith the Weights are to be main- 
 
 c’ Officers which attend 
 
 tb^ Service arc to be rewarded at the 
 difcretion of thefaid Inhabitants. 8 H. 
 
 '^ants fuch 
 
 Weights and Meafures forfeits Ten 
 ^unds to the King, every Borough 
 Five founds and every Market 
 Town Forty fhillings v and the chief 
 Officers of fuch places , whether they 
 be Conftables, Bayliffs, or others are^ 
 
 upon Requeft to thLnrade, to S 
 
 wd fign fuch Weights and Meafures 
 to any of the Kings Subjeifts, taking 
 
 rSinv^ ^«king of every Buffiel one 
 
 K ^’,7 • with any 
 
 other Weights or Meafures, but fuch as 
 are fo marked. ^H.6.ch.^. r/S.!* 
 
 are at lead oiice every year to view all 
 
 lartfA-S- Weights within their 
 JunfdKaion, and break or burn them 
 
 which 
 
II 2 
 
 A Guide 
 
 which they fiad defective, and alfoinay 
 infliA punifliment upon the Offenders » 
 for the firft offence Six (hillings Eight 
 pence, for the fecond Thirteen (hillings 
 and Four pence, and for the third of- 
 fence Twenty (hillings i and befides, 
 may adjudge them to the Pillory. 
 gateh Stat. lit. Weights and Ueafures. 
 11H.7.C. 4 * 
 
 By the Stat. 2 2 Car. 2. c. 8 . All Con- 
 flables are impowred to fearch and 
 examine if any petfon buy or fell by 
 any other Bufhel then Wmhefier Mea- 
 fure , containing Eight Gallons to 
 the Bufhel or Strike, and fealed by the 
 Clerk of the Market > and if any 
 perfon do not llrike the fame even 
 with the brina i and any Conftable 
 may feize and break fuch other Mea- 
 fure , and prefent the Offender at 
 the next Private or Quarter Seffi-. 
 
 ons. 
 
 CHAP. 
 
f&r CovjiuLles^Z^c. 1 1 5 
 
 C KAP. XXXVIII. 
 
 The Conjiables Office about Watches. 
 
 T Ke Conftables,e^'c. of every Town, 
 are to caufc Night Watch to be 
 Kept from Ajeenfion till MichaeJmu, in 
 their Towns, which Watch muft con- 
 tinue from Sun fet to Sun rife, and may 
 be by two or four men, according to 
 the greatnefs of the Town, rj £, i. 
 
 eh. 4. T>alt. J. P.ch. 6 o,fol, 140. Foul, 
 Iv itch. I, 
 
 Theic Watchmen are to apprehend 
 • all Strangers that pafs by them in the 
 Night, and rouft examine them i and if 
 they Hnd caufe of fufpicion in them, 
 then they rnay keep them till the morn- 
 ing > and if the parties refufe to obey 
 the Arreft , then the Watchmen may 
 levy Hue and Cry for the taking of the 
 laid Night-walkers i or the Watchmen 
 may jufiitie the beating of them upon 
 their refinance , and fet them in the 
 blocks till the morning, and then if no 
 lulpicion be found in the parties, they 
 fhem go quit : but if they find 
 wfpicion in them, then the Watchnien 
 
 may 
 
i r4 ^ Gnide 
 
 may deliver them to the Conftable, who 
 is to convey them to a Juftice of Peace 
 to be examined, and to be bound over, 
 or committed until they be acquitted 
 according to due form of Law. Vah. 
 J. P. eh. 6o. fol. 140. & ch. 109. fol. 
 292. 5 E. 3. 14. 5 H. 7. 5. a. Lamb. 
 Office Co»li. 
 
 Thefe Watchmen are alio to appre- 
 hend Rogues and Vagabonds, Night- 
 walkers , Evefdroppers , Scouts , and 
 fuch like, and fuch as go armed, &c. 
 
 And note, that thefe particulars fol- 
 lowing have been held for Law con- 
 cerning Watches. 
 
 Firlt , That the Watch muft be by 
 men of able body, and fufficiently ar- 
 med, and that no man is compellable to 
 watch,except he be an Inhabitant with- 
 in the fame Town. 
 
 Secondly, That fuch as arc Inhabi- 
 tants within the Town, are not compel- 
 lable to watch at the will of the Con- 
 ftable,but only when their turn cometh, 
 according to the ufe and cuftom of the 
 place, which mod commonly is by turn, 
 or houfe. 
 
 Thirdly, If a man who is compellable 
 to watch , (hall contemptuoufly refufe 
 
 10 
 
for Coftjiables^Sic. 1 15 
 
 to watch, upon the command of the 
 Conhabic > it hath been held, by (bme, 
 that the Conftable in fuch cafe, ex Offi- 
 cio, may fet the party in the Stocks for 
 his contempt i but the fafdt way is for 
 the Conftable to prefent fuch perfbn for 
 his default at the Aflites or SeiTions of 
 the Peace, or elfe to complain of him to 
 a Juflice of Peace, who may bind the Of- 
 fender to the good behaviour and fo 
 over to the next Quarter Sdfions, &c, 
 Valt, J. P. ch, 6 o» fcl. 141. 
 
 CHAP, xxxrx. 
 
 'the Cof^ables Office about Executing 
 W arrants. 
 
 A Juftice of Peace may diretff his 
 Warrant fo the SheriflT, Bayltff, 
 Con liable, or other Officer, or to any 
 other Indifferent perfbn by Name, 
 thougb he be no Officer. 14 H. 8. i5. 
 Bro. Peace 6. Valt. J. P. ch, iin.fol. 
 332. 
 
 A Warrant dire^ed by the Juftice 
 of Peace to the Conftable , or other 
 fworn Officer, and to a Stranger who is 
 
 BO 
 
llS A Guide 
 
 no Officer , and the Warrant is made 
 to them joyntly and feverally, and is 
 delivered to the Stranger who execu- 
 teth it, this is good enough : and if a 
 Warrant from a Juftice of Peace be di- 
 re< 5 fed to two men joyntly to Arreft a- 
 nother> yet any one of them may do U 
 alone. Cromjr. 147. Vuit. J% P. H 7 * 
 fol. 332. 
 
 If a Juftice of Peace dire^ his War- 
 rant to the Sheriff, he may by word 
 command his Underfheriff, Bayliff, or 
 other known and fworn Officer , to 
 ferve It without any Precept to them in 
 writing,and they upon fuch Command- 
 ment of the Sheriff may lawfully do it. 
 Lamb. pi. Bro.faux Imprif. 43. ^ Tref- 
 paff 53p. Valt. J. P. eh. 1 17./0/. 332. 
 
 But if the Sheriff in fuch cafe do 
 command a Stranger , who is neither 
 his Servant nor Sworn Officer , then he 
 muft do it by Precept in writing , or 
 otherwife an Atftion of faife Imprifon- 
 ment lies for the Arreff. Valt. J. P. ch. 
 117./^/. 352. 
 
 Where a Warrant is direded by a 
 Juftice of Peace to the Sheriffs Bayliff, 
 or his Servant, or to the Conftable, or 
 pther privat|S perfon to Arreft one, 
 
 fuch 
 
for Coffjiailes^Zic. 
 
 fuch perfon cannot command another 
 to do It, neither by word nor writing 
 but muft do it himfelf. p. S’ 
 
 M 7. p. 20 H. 7. 13. 21 
 
 J^P-ch. II j.foi. 552 . 
 
 'tbaii^k ^°'^bomany Warrant 
 
 ftall be dire^ed, ought with all fpeed 
 and fecrecy to feek and find out the 
 party, and then to execute his faid War 
 
 A (worn and known Officer (be he 
 fiaMM tinker- Sheriffi Bayliff; 01 Con- 
 «able; needs not to fhew his Warrant 
 to a man when becomes to ferve it up- 
 on h,m, although he demand it j but he 
 
 who, s no fworn Officer ought to fhew 
 
 his Warrant upon demand , or other- 
 wtle the party may make refinance and 
 wt obey him, and a (worn Officer alfo 
 lyon the Arrelt, though he wi]J not 
 fhew lns Warrant, yet he ought to ac- 
 
 the\onten« 
 
 r ^ 5 • ^t. fp.c. iiy.‘f .^0 2 3 3 5 
 
 Note, that an Officer giveth fuffici- 
 ent nonce what he is, when he faiS m 
 party , I yo» in the Kinat 
 
 Name^dic. and in fuch cafe the party at 
 
ii8 
 
 A Guide 
 
 his peril ought to obey him, though he 
 knowcth him not to be an Officer > and 
 if he have no lawful Warrant, the par- 
 ty grieved may have his Adiion of falfe 
 Imprifonment againft him. Co.p.l. Kep, 
 f.Sp.Valt. J. ?. «.i 7 -/« 333 * 
 
 If a Conltable or other Officer A r* 
 reft a man for the Peace, or the like, be- 
 fore that he have a Warrant, and then 
 afterwards doth procure a Warrant ( or 
 a Warrant cometh after him) to Arreft 
 the party for the fame caufe, yet the firft 
 Arreft was wrongful, and the Officer is 
 fubjed to an Action of falfe Imprifon- 
 ment. "Dyff f, Lsmb, 
 c. 1 17./. 333. , .j „ 
 
 Where a Warrant is granted out 
 againft /.N. the fon of T. P. and the 
 Conftable or other Officer takes J. W. 
 the fon of L. P. although he in truth be 
 the fame perfon that offended, and a- 
 gainft whom the complaint was made, 
 yet this Arreft is tortuous, and the Offi* 
 cer liable to an Adion of falfe Impri- 
 fonment. 10 £. 4. /I 12. Bre. faux Impr» 
 
 But it is faid by fome , that where 
 two or three are known by the Name 
 of 7 . R. of K. Yeoman, and upon a War- 
 
 ran.t 
 
for Co»Jiables,Scc. 
 
 rant or other procefs granted out a- 
 gamft one of them, another of them is 
 Arrehed, m fuch cafe an A<ftion of faJfe 
 Imprifonment will not lie againft the 
 Ofhcer j tame» hereof, ii H, . 
 
 fol. po. 5 E. 4./,/. j ^ 
 
 fol. 333. 
 
 Where an Officer hath received a 
 is -bound to purfue the 
 effects of his Warrant in every behalf 
 or otherwife his Warrant will notex- 
 cufe him of that which he hath done. 
 I)alt, j. P. ch. iiy, fol, 
 
 The Conftable, or other Officer, upon 
 ^Warrant from a Juffice of Peace for 
 Treafon , Felonjr , the Peace , or good 
 behaviour, or in any other cafe where 
 the King is party^ may by force of fuch 
 Warrant break open a mans houfe to 
 Arreff the OflPender i but in fuch cafe 
 he ought fir.T to fignifie the. caufe ©f 
 his ^ming, and require them to open 
 the Doors, before he break them open. 
 
 cl iin fl’ 204 , 205 . ^ 
 
 CP. ii’j.fol, 
 
 If a Conffable or other Officer hath 
 arrelfed a man by vertuc of his War- 
 rant, which he hath from a Juffice of 
 
 Peace. 
 
A Guide 
 
 Peace, and then taketh his promife thaf 
 he will come to him fuch a day to go to 
 the Juftice with him , according to his 
 Warrant ( and fo he letteth the party 
 go ) who comes not again at the day 
 appointed, in this cafe the Officer can- 
 not take him again upon the fame 
 Warrant, beeaufe hewas fufiered to go 
 by the confent of the Officer •, but if 
 the party Arrefted had cfcapcd of his 
 own wrong without the confent of the 
 Officer , in fuch cafe upon freffi fuit he 
 may take him again> and again fo of- 
 ten as he cicapeth , although he were 
 out of view, or that he do flie into a- 
 
 nothcr Town or County i and itisfaid 
 that the Officer in fuch cafe, though the 
 party be taken in another County after 
 the Efcape, yet he may bring the party 
 before the julUce on whofe Warrant he 
 was firil Arrclled. Cromp; 21 a. 148. 
 172. 173* ] Jj’ f- 333 ' 
 
 & c. 1 18./0/. 340. 
 
 By the opinion of the Court of the 
 14 ll. 8. it was held tltsre that a ]u- 
 ftice of Peace cannot make a Warrant 
 to Arielt a Felon, unlefs he be indided 
 of Felony ( or that the julUce himfeli 
 hatlt a fufpicion of the Felon > But if 
 
 ilve 
 
wm 
 
 mmm 
 
 fir Cp»Jial>/es,Scc. s^i 
 thcXonftabk, or other Officer, ffiajl 
 r he may uftifie 
 
 the fame, though the Juflice did erre in 
 awarding thereof 24 E. s.p. 14. H.S 
 l< 5 . Bro. 6 . & faux Impr. B& p. 
 
 Note , Jhat where a Tuttke of 
 Peace doth makca Warrant for a mat- 
 
 f*^ Jurifdiaion 
 
 though It he beyond his Authority, yet 
 It- IS not difputable by the Confiable 
 or other fuch Officer, but mud be o - 
 beyed and execnted by them i as if 
 
 Arrea one for the Peace , or good 
 behaviour, &c, without any caufe 
 ^e Officer ffiall not be puniffied for 
 ^eijuting the Warrant ; But if a Tu- 
 fttce of Pe«c foaJl make his Warrant 
 to do a thing out of his JurifdicSion, 
 or in a Caufe wherein the Tuffice is 
 
 nfil u ^ he is pu- 
 
 niihabk for it j for the Officer is not 
 
 of the Caufe, no more than he is bound 
 
 w Stranger i and fo note 
 
 tha the Officer is bound at his peril 
 take notice of the Authority and 
 G Ju, 
 
 
122 A’Guide^S^c. 
 
 ]utif(U<ftion of the Judge. See flo.Com. 
 394.. b, 22. AQl fol. <54. 14 H. 8. 16. 
 Lamb, 6y. p 4 » 7 ^* 
 
 Cremp. 74. Bro.faux Impr, 8. Dal*, j. P. 
 
 c. ii7. /o/* 334* 
 
 If any (hall abufe the Juftice of Peace 
 his Warrant, by cafting it into the dirt, 
 treading it under feet , burning if, &c. 
 for fuch contempt the party may be 
 bound to his good behaviour, and may 
 alfo be indi<fted and fined for the fame, 
 for it is the Kings Procefs.. Cramp. 1 49 - 
 Da/t. j.P.c. 117 ./. 334* , , , 
 
 Where Hue and Cry either by the 
 Common Law, or by force of any Sta- 
 tute is levied upon any perfon , the 
 Atrcft of fuch perfon is lawful , al- 
 though the caufc of the Hue and Cry be 
 Feigned and if the Caufe be Feigned, 
 he that Levies the fame (hall alfo be 
 Arretted, and (hall be Fined and Impri- 
 foned V but common Fame and voyce is 
 not fufficient to Arreft a man in cafe ot 
 Felony, unlefs a Felony be done indeed, 
 ap E. 3* P« 38 E* 3 * Co. 3 part. 
 
 /«/. 118. 21 H . J . 28. A 
 
 finis. 
 
CondnSor Generalk, 
 
 Guide 
 
 for 
 
 Overfeersof 
 wavs Tre r"'®’'"?-*’*''''® “igh 
 ' p^^M^ftersofthe Houfe of 
 
 Co region, Bayliffs of 
 loIl-Takerein Fairs, 
 
 L 0 N Z> 0 
 
 Printed in the Year, 167a, 
 
To all Churclrwardcns, 
 
 Overfeers, isfc. 
 
 Gentlemen, 
 
 T Hefe foUoveiffg Offices^ as n>eU 
 as that of the Co^fiable, have 
 been touched alfo by Mr. Lambert, 
 and Mr. Sheppard ; but ffnce the 
 one vprtt , there have been many 
 bimdred new Statute Laws 5 and 
 the other. Writing in the late 
 times of Rebellion , hath moulded 
 his work fuit able to the Manners 
 then in fafbien , and many of the 
 Rules laid down by Mr. Sheppard 
 
 Jl^eral Offices , SwA 
 thwart the Laws of the Kingdom, 
 ^»dPriviledges of the Church, are 
 flow out of doors : I have therefore 
 CP’f tfe eaCe and fatisfa&ion of 
 thofe who defire to be put in the riqlit 
 G 3 Way 
 
1^6 The Epiftle Dedicatory. 
 
 JVaj and fun Road mtbe executing 
 of theje JeveralOflices coUededaaid 
 fublijhed tbk [mall Treatife, briefly 
 laying down tbe Authority and Du- 
 ty of Churchwardens fyverfeers^ &c. 
 
 in their feveral Office The de^re 
 of praife could not carry me aloft, 
 TohowantWingsforit'^ but the main 
 thing, here aimed at, is the good of 
 my Count ry-fuen, and 1 hope to reap 
 the fruit of my labour in it, that is, 
 your kjnd acceptance,Dear Friends : 
 which if I may obtain, it is all that 
 is deflred by him, whois,andfhall be 
 
 Your& 
 
 Ready to lerve you^ 
 
 George Meriton* 
 
 A 
 
A 
 
 guide 
 
 for 
 
 C H U R C H-W ARDENS. 
 
 ' CHAP. I. 
 
 lb* Antiquity of the Churcht^ardeHi Of- 
 fice^ and bow they are to be chofen. ^ 
 
 Hiftorfans, 
 
 niir r 4 in the year of 
 
 Rome 1 divided Loth in 
 
 Sf”*" ofher places, Cbuixhes 
 
 rafp/*" Parilhes to Cu- 
 
 Mtes , and DiocelTes to Bilhops and 
 <hn w« ,k,„, 87 ,ea„ 
 had rweivcd the airiftian Faith • For 
 <h0.gh Hiliomna do „ora!i 
 When the^ Chriftian Jaith was lift 
 ^ 4 planted 
 
128 Guide 
 
 planted here, yet it is thought by moft 
 of them to be iir the Rei^ of Rifig 
 Lmifu , about the year of out Lord 
 180. but how long after it was betore 
 thefe Officers called Churchwardens 
 were appointed , it cannot certainly 
 be known j but Met Lai^eii and otger 
 Authors do agree, that-tl«V.are Vfery 
 antient Officers, and by ^he antient corn- 
 mon Law they were, and are ftill to take 
 care, fee to, and preferve the Goods ot 
 the Church, viz. the Church Books, 
 Communion Cups, &c. and other de- 
 cent Ornaments and furniture ot the 
 Church, which they do find there at their 
 coming into their Office. 
 
 2. As to the choice of thefe 
 cers it is appointed by the Book ot 
 Canons printed in the firft year of 
 King James ^ An.'Dom. ido 4 . That, all- 
 Churchwardens , Qiieftraen , 
 or Aflifiants in every. Pariffi Ihall be 
 chofen by the joynt ■ confent ot the 
 Mini tier and the PariffiionerS , it it 
 may be : But if they cannot agree up- 
 on fuch a choice , then the Minilier 
 fhall choofe one , and the Parithioners 
 another i and without fuch a joynt or 
 fcveral choice , iione fhall take upon 
 

 mmmmm 
 
 for ChurchvoardeMs: 129 
 
 them to be Churchwardens, neither 
 inaJl they continue any longer then 
 one year in that Office, except perhaps 
 they be chofen again in like manner i 
 and thefe Officers are to be yearly cho- 
 len in Eafter week. 8p, po. 
 
 But note, where there is an antient 
 culiom in any Pariffi for the choice of 
 Churchwardens contrary to this Ca- 
 non, in fuch cale the cuflom is to be 
 Gbferved before the Canon, as appears 
 by feveral Cjfes hereafter mentioned. 
 
 4 - If the Parilhioners of a Parilh 
 have ufed time out of mind.e^'c. to cledt 
 one Churchwarden, and the Vicar a- 
 nother and afterwards a Canon is 
 made that the Vicar (hall eled two, and 
 he doth fo accordingly, and the Parilhi- 
 oners eled one according to their cu- 
 llom, and the Ordinary difallows him, 
 and e/iabhlheth the other two cletSed 
 
 IhM begTOKd. iPc.B.K.,h,S’a. 
 riptou^ri Cafe of Kovenden in Kent. Kolls 
 287., 
 
 ^ Ptohibition was granted a- 
 gainlt a Churchwarden chofen by the 
 PaiJja of St. Magniu nigh London- 
 by force of a Canon, upon a 
 G 5 furmife 
 
130 Guide 
 
 furmife that the Parifli had a cuftom to 
 choofe two Churchwardens, Tri 7 Car. 
 
 I. B. R. bet. Shirlye & BrotvH.Kot. 1391. 
 Rol/’s Cd/er, 2 part. fd. 2S7. The like 
 againft a Churchwarden chofen by the 
 Parfon of AlhuHotPS.^ London^ P. 1 7 
 B. R. »T<ir«er’s Cafe,«^P. 5 >c. the Pa^ 
 lilhioners of If^albroei^s CaCb in hondon. 
 Cro. 2 part. Kep. The like againft a 
 Churchwarden chofen by the Parfon 
 of St. 7 bomM in London, P. 1 5 Car. i- 
 B.R. Evelins Cafe, Cro. 3 part, and the 
 like granted between Vraper and Stone 
 for Abchurch in London , P. 4 
 B.R. Rot.420. Rob’s Cafes, 2 part.f. 287. 
 
 6. An Attorney cannot be nriade a 
 Churchwarden : if he be put in and 
 refufe , and fo be fued in the Spiritual 
 Court, he may have a Prohibition » P. 
 laCtfr. i.B.R. Wilfon'scaje, e^ Tr. 15 
 Car. 1. B. R. Barbfr’s caje. R«B s 
 2 part.f. 272. 
 
 n. By the Stat, 1 5 Car. 2. All Veftry 
 men, or thofe who arc rnembers of a- 
 ny Veftry within any Parifh in the Ci- 
 ties of London and W pfJwiiijier, Borough 
 of Southrvark., and Weekly Bills of 
 Mortality , and in all other Cities , 
 Boroughs and Towns Corporate, 
 
for Churchwardens. j 2 
 
 where Seled' Ve/tries are uPd ,i,e 
 Kingdom of tn^fand , are whh n ! 
 n;o„,h afie, rtei?Elc«i“ btr" Z 
 Klpeftra ArchbiHop, Bifliop. 0^05! 
 
 0“!,? D.W “ Chai.«lb„r 
 
 as follow* 
 
 Arms p ii, MssjrHim 
 
 ?=s#ss 
 
 -« unlar.f.1 O^h I JZ 71 
 
 Car. 2 , c. 5 . ^’ngdom. 1 5 
 
 wiuifn^^h?*!- Subfcription 
 
 ♦ n the time sfore/airl \c it r /' x- 
 
 *pa.ved of f.,ch hi, 
 
 man. 
 
and a «w onetobechofo . and ■ 
 
 *'‘'f '' "hoShf« 
 
 month after fuch vacancy, then the re 
 fpedive ^^t^^hbifhop^BiOvopor 
 oftheDiocefs tnay under hts^"" 
 Seal eleft and nominate a ducreet pe 
 InoftherefpeaiveParifh. who after 
 
 Subfcrijption within the 
 istofta^d. t5Cf.2.e.5- This 
 to continue till the end of the hrft bel 
 fion of the next Parliaments 
 
 CHAP. H. 
 
 "fhe Churchvpardens Office 
 
 „aiion of the Sabbath , and of the 
 
 Church. 
 
 fi.Tr'Hefe Officers are di^ently to fee 
 ^ 1 . that all the Pariftuoners duly 
 
 rcfort to their pariffi Church upon all 
 Sundays and Holydays, and thete con- 
 tinue the whole time of Divjne Service, 
 and none to walk or ftand idle, o^alk- 
 ing in the Church, Church-yard , or 
 Church-PorCh during that time v and 
 
fioT Chuf'chwaycleftf, 
 
 sll Tuch as (hali be found flack oi nc 2 -» 
 ligenc in reforting to the Church ( ha- 
 ving no great or urgent caufe of ab- 
 fence ; they fhall earneftly call upon 
 them, and after due admonition, If they' 
 amend not , they muft prefent their 
 Names to the Ordinary of the place. 
 5 , 6 E. 6. c. i,camn ip, po, Ii i. 
 
 lo. If the Churchwardens firid any 
 perfon abfent from the Church upon 
 ^undays or Holydays , in the time of 
 Divine Service , Preaching , or other 
 holy Excrcife , fuch perfon is to pay 
 12 d. to the ufeof the Poor i and this 
 extends as well to all Women Covert 
 as to other perfons : or the Church- 
 wardens , if the pleafe , may prefent 
 fuch perfon in the Ecclefiaftical Court* 
 But note that none are to be puniAed 
 twice for one offence, fo that they muff 
 not pay their twelve pence, and be 
 ^efented too. t El. ch. Uohhm*s 
 Rep. fol. py. 
 
 u. And if they find anyTiplingin 
 an Inn or Alehoufe, &c. then , befides 
 the tvvelve pence for being abfent 
 from the Church as aforefaid , they 
 f Aillings four pence more 
 
 tor Tipling , and the Msrfter of the 
 
 Houfe 
 
A Gti itie 
 
 Houfe ttn (HiHings fisi fufFering diem 
 to Tipple 1 which forfeitures are to go 
 to the ufc of the Poor. c« 5 * 
 
 12. The Churchwardens or Quelt- 
 men are to fuflfep no Plays, Fealls, Ban- » 
 quets, Suppers, Church Ales, Drinkings, 
 Temporal Courts or Leets, Lay Juries, 
 Mutters, or any other profane ufage to 
 be kept in the Church , Chappel , or 
 Church-yard v neither the Bells to be 
 rung fuperttitioufly upon Holy days, pr 
 Eves abrogated by the Book of Comnaon 
 Prayer, nor at any other times, with- 
 out good cauie, to be allowed by- their 
 Minittcr of the place and by themfelves. 
 Canon 88 . 
 
 13, Neither the Minifter , Church- 
 wardens , nor any other Officers of the 
 Church, fhall fuffer any man to preach 
 within their Churches orChappels, but 
 fuch as by (hewing their Licence to 
 preach (hall appear unto them to be 
 fufficiently Authorized thereunto ; And • 
 the Churchwardens or Queftmen are 
 alfo to fee that in every meeting of the 
 Congregation the Peace be well kept, 
 ahd that all perfons excommunicated, 
 and fo denounced, be kept out: of the 
 Church. Canon 50. 85* 
 
 CHAP. 
 
'^5 
 
 for ChurchxoardetTs. 
 CHAP. ir. 
 
 i 
 
 Some fm Cafes ceneerniHa ASiont /?.•. 
 
 ond-againfChstrchwardens, ^ 
 
 ]\r^r’ k r** taw doth make 
 
 rn Officers a kind of a 
 
 enablecT by 
 
 that name to take moireable Goods-ot 
 battels, and to ftieand to be fued at 
 Uw concerning ffich Goodsfor the ufc 
 and pToht of theiV Pariffi i for the oro 
 
 tSm f of ‘he Church L in 
 
 Hed_to take them for the ufeand pro- 
 ofthe Panffi : and therefore a roan - 
 n^ay well m his life time, or by his M 
 
 movX'cSnf*"' or other 
 
 moveable Goods to the Churchwar 
 
 fo?the°R of f“ch a Pariffi ' 
 
 for the Reparations of the Church ol 
 
 for buying of Books, Communion 
 Cups, Linnen Cloths, or other, decent 
 *"«‘"hure for the 
 W ^ 7 - fwcA’s Laa> 
 
 2j%.: *’• '?*• 
 
 r 5 « But they cannot take an Eftate of 
 
 Lands 
 
jo^- AGut^^ 
 
 to them by Name of Ch»^- 
 wardens only , for if a Feoffment be 
 made to the ufe of the Churchwardens 
 of P. this is a void ufe, for they ha 
 no capacity to take fuch ^ ‘ 
 
 finch. Lih.2. ch. 17. p. i’J9-^oVtCaJn, 
 
 ' NdAer can they prefcrlbe to 
 have Lands to them and their Succel- 
 fors V for they are no Corporation to 
 have Lands, but for 
 Clnirch only. P. 37 p- ^ . J, ^fj 
 Itleredines caje. Ko^s cafes ^ i p • 
 
 If a Man buy a Bell, and hang it 
 ^ • flip Steeple or make a Pew and 
 It up in the Church, though he make 
 neither^ words nor writing hejeof , yet 
 by this the Bell and Pevy are fo dedic*- 
 «d to the Church, that the p^^y that 
 did owe them, can never have th.m a- 
 gain i for if they fhould come to >remo"e 
 
 fhem , the Churchwardens might fue 
 them for it. SB. 7^ 12. 
 
 mon Law to Recover any Goods of 
 which they never had the ' 
 
 But if the Churchwardens be o^e. 
 
for Chtrchwardens, iff 
 
 F^flciTcd of *iy Goods, or Ornaments 
 belonging t6 the GbufCh , and a'Her^ 
 wards- , the fahie things are taken from 
 tnetn^ then they ha Ve' the fame remedy, 
 for the things, ai other riien hatfe^for 
 the G^ds takcti frotfi'them: And there- 
 fore if fnch Gdods be ftoln, they may 
 hS ve ah A ppeal 6f Robbery, and if they 
 be otlierwifc taken atvay or abufedf v 
 as if Bell be broken, or the tike, tlic 
 Churchvyardens may have an Adiom 
 agaihft him that doth it : and in this 
 Adtion they retover Damages to the 
 ^^be Parifh, and not to their own 
 ufe. Tr. 8 £.4./. 6 , b. 37 H.<5. 32. Finch- 
 
 'i: ' 7 *. m. Ah,. 
 
 VaJ]. fol. 7^. KttchtH., fag. 277. i. 
 
 2781 a . 
 
 Ip. And it (eems alfo, that the party 
 that doth ileal or take away any Goods 
 befonging to the Church may be pu- 
 niihed for it as for a facrilegious ofo. 
 fonce : And Obferve , that if the 
 
 Churchwardens from whom the Goods 
 were taken be out of their Office, 
 their SuccelTors , as it feems , may 
 lue tor , or recover the fame , or da- 
 mages for them to the ufe of the Parifh. 
 ytde M Et. B. R. Hadman 
 
 & 
 
138 A Guide 
 
 & Kingwood^s cafe, Cro. Kep. 3. Part. 
 
 20. But note, that the Churchwar- 
 «Jens have no fuch pioperty in the 
 Goods of their Church, as thereby to 
 have power to give, fell, releafe, hurt 
 Of impair them, without the affent of 
 theSidemen or Veftry. Vide 38 El. Me- 
 thold & JVinttes cafe. KoVs cafes i parK 
 fol. 3P3. and fee Hil. 7 Jac. B. R. in 
 Starve and Bartot^s cafe. Qpo, Rcf. a 
 part.&vide H. y.p. 
 
 21, If the Churchwardens (hall give 
 or impair the Goods in their culiody, 
 the Parifhioners may choofe new ones, 
 who may have an account againft their 
 PrcdecefTours. 8 £. 4. /«/. 6 . h. finch. 
 L 2. ch. 17. R. i7p. 
 
 22. If the Organs be taken out of 
 the Church, the Churchwardens may 
 have an A< 9 ^ion of Trefpafs for the fame, 
 for the Organs belong to the Pari(hio- 
 ners, and not to the Par (bn i and there- 
 fore the Parlon cannot fue fuch party 
 rn the Ecclefiaftical Court that took 
 them. T'r. 12 Jac. B. R. per Curiam. 
 Ikoh cafes, i part. fol. 
 
 23. But if the Walls. Windows, or 
 Doors of the Church be broken down, 
 or the Trees uuhe Churchyard be cut 
 
 down, 
 
 
for Churchwardens. 
 down ojt the Grafs thereof be eaten 
 
 Churchwardens fliall have an Adlon 
 or It, for they are a Corporation only 
 ?s to moveable Goods, and fee 8 H. 6 . 
 A where the Parfon brought an 
 A^ion of Trcfpafs for breaking and 
 entring into his houfe and clofc, which 
 
 Church-yard. 
 P- 2 1 H. 7.fol. 2 1. & Par. 
 JousLarv^f.ipi, 
 
 24. The Churchwardens by the arent 
 and agreement of the Parifhioners, may 
 take a ruinous Bell, and deliver it to a 
 
 S n agree with him that 
 
 ne lhall ha ve four pounds for cafline It 
 and that he ftall retain the fame till* 
 the four pounds be paid ; and fuch 
 Agreement of the Pariibionets (hall ex- 
 cu(e the Churchwardens in a Writ of 
 Account brought againa them by their 
 ^^'“rch wardens. M. 57 28 
 TA B. K. Methold& Winnes cafc.itus 
 
 25. If a Prefentment be made by the 
 Churchwardens in the Ecclefiallical 
 Court, That J. S. one of the Pariflii- 
 oners IS a Railer and a Sower of Dif^ 
 cord amonga his Neighbours, a Pro- 
 hibition 
 
A Guide 
 
 hibitton lies in fuch cafe v for this be- 
 longs to the Leet, and not to the Spi- 
 litual Court, unlefs fuch Railing were 
 in the Church, or fuch like place. M. i 6 
 Jae. C. B. Rot. 7 id. PaHWel’s 
 
 eafe. ttoharuRtf. fol.lif6. Roll f cafes, 
 2part.fol.2B6> 
 
 26. If the Chutchw«dens of a 
 Church fue in the EcclelialHcal Court 
 for a way to the Church, which they 
 claim to belong to all the Parifliidners 
 by Prefoription, in fuch cafe a prohibi- 
 tion will be granted, for this is a tem- 
 poral caufe. P. Id Jac. B.K. between the. 
 Ghurcliwardens of Bythorn and BotP, 
 RoHs Cafes, 2 part.fol 287 . 
 
 27. If the Churchwardens of G. fue 
 in the Ecclefiaftical Court j« S. for 
 that he, and all thofe whofe Eftate he 
 hath in fuch an Houfe> the perr 
 
 ■ ambulation of the Parifhioners of the 
 Parifh diet ufe to find a refrelhing 
 for them ( to wit) Bread and Ale, and 
 fuffer them to rett there •, here a Pro- 
 hibition (hall be granted , for that 
 they claim it m nature of a Corrody v 
 and if that fliould be fuffered, a grdit 
 inconvenience would enfut , W. 13 
 jac. B. R. The Churchwardens ot Vf- 
 
for Churchvpurdens. 14 1 
 
 fngfoM^S cafe In Barkshire^ Hill. 1 5 Car. 
 t. B. R. The like Prohibition prayed in 
 one Zocjs cafe which was referred to 
 Juftice Rolls cafes ^ 2. part. f. 287. 
 
 The like Piohibition granted in one 
 Reynold's cafe. Mores Rep.fo 
 
 Churchwardens of a 
 rhurch fue in the Court Ghriftism J.S. 
 fuppofing by their Libel, that he and 
 ?I1 thofe^who had an Ellate in certain 
 Lands adjoyning to the Churchyard, 
 have ufed time jout of mind to repair 
 fo much of the Fences of tiie Church- 
 were next adjoyning to 
 the faid Land, in this Cafe a Proldbi- 
 tion will be granted j for this ought 
 to be tryed at the Common Law, in fo 
 much as that it doth charge a Tempo- 
 
 it H Car. I. B. R. 
 
 Churchwardens of Claydon and 
 Vmcomb s cafe , Rolls cafes, a part. fol. 
 
 CHAP. 
 
142 
 
 A Ouide 
 
 CHAP. III. 
 
 Jhe ChnrchvpardeHS Office about 
 of Seats in their Church. 
 
 2p,' |‘'Hefe Officers are to look to the 
 X repair of the Seats In the' 
 Church , but the difpoHng of the Seats 
 in the body of the Church, belongs of 
 common Right to the Ordinary of the 
 Diocefs, fo that he may place and dit 
 place whom he pleafeth, except in fome 
 cafes. Kell’s cafes^ 2 part.fol, 288. 
 
 30. For if a Man and his Anceftors, 
 and all thoie whofc Eitate he hath in a 
 certain Meffuage, have ufcd timeout of 
 mind, &c. to repair an Ifle of the 
 Church, and to fit there and none elfe, 
 the Ordinary in fuch cafe cannot dif- 
 place him > for if he do, a Prohibition 
 lies, becaufehehath it by a Prefeription 
 for a reaibnablc confideration. M.iojac. 
 C. B. Timme’s cafe , per curiam , Rolf’s 
 
 cafes, 2 part. fol.2SS. 
 
 31. If a man preferibe that he and 
 his Anceftors , and all thofe whole E- 
 ftates they had in a certain Meffuage, 
 did ulc to fit in a certain Seat in the 
 
 body 
 
f(fr Churchwardens. 145 
 
 body of the Church , time without 
 mindj^c. in confideration that he and 
 *hey, &c. have ufed time out of mind 
 
 to repair the faid Seat i if the oldl* 
 
 remove him from fuch Seat, a Pro- 
 ^fion may be brought i for the Or- 
 Jinipr hath no power to difpofe of it 
 
 int«I5 ** * Ptefcription, and by 
 intendment there hath been a good 
 
 «f”r commencement 
 
 of fuch Prefcription. tr. i 2 jac. C. B. 
 
 cafe. M. 13 Jac. C. B. Laugh & 
 HuJ^f cafe, M. 13 Jac. C. B. Boothby 
 
 32; But if a man prefcribe to have a 
 Seat ,n the body of the ChurS ^n^ 
 
 fhf* r’ confideration to repair 
 
 the fame then the Ordinary in K 
 
 KoU s cafis^ 2 part. fit. 288 . ^ 
 
 33* The Ordinary hath uothinc to 
 
 Jo 7'h *0 Stats in the chapK- 
 r"f "LVn i 
 
 34- But ifa Layman by the dilToIntl- 
 
J44- , A Guide 
 
 on of Mpnafteries hath a Monaftfiy m 
 'which there is a Church, parcel ot tt, 
 and hefuters the PariOiioneis for a long 
 time to come to it, and do 
 vice and toufe it as their Pariflt Church, 
 thisV vtnlefs for all the whole time the 
 party hath ufed to p'ace r^n m ^eir 
 Seat's himfelf) fhall give Junfdi<aion 
 to the Ordinary to order the Seats , tor 
 that now in faft is the PariOi Church, 
 although that before it were not fub- 
 icii to the Ordinary. Tr. 12 
 Buzzarh cafii KoUs 2, 288, 
 
 2 «. If there be a cuftom in a Parifti, 
 that twelve of the P^tiflriOTtts may 
 
 choofe Churdiwardens, which Church- 
 wardens have power by thecuftot" “ 
 repair the Seats and make new ones in 
 
 the body of the Church, f ^ 
 
 whatperfons 
 
 Churchwardens fo elcifted , 
 
 new Scat in the Body of the purch, 
 and appoint a certain man to fit there, 
 Ind afterwards the Ordinary decrees 
 that another M have the Seat, here 
 a Prohibition lies ; for the cullom 
 hath fixed the power of difpofing the 
 Seats in the Churchwardens, i’- io 
 
 "TCICa 
 
for ChnTchi»ardcHf. j 
 
 7". s. «. Bfabm and r,edemid('s cafe 
 
 for a Sea, in trmk. Church in ,he 
 County of Cormval : but the reafon of 
 granting the Prohibition in this cafe 
 
 Tf Sentence 
 
 ot the Ordinary was, that Iredennick 
 gould have the Seat to him and hk 
 Heirs, and that none fliould difturb him 
 on pain of Excommunication, which is 
 unreafonable, and by fuch Sentence he 
 and his Heirs ihould have it , though 
 they were no Inhabitants within the 
 fame Pariih. KoJ/j cafes. 2 part.f. aSp. 
 
 CHAP. V. 
 
 Ihe Churchwardens Office about Repara-. 
 
 tiOHS and ^ 
 
 T^the rif’T 
 
 vA tne Church and Churchyard 
 be vrcll repaired and kep, cIeanT^a„1 
 
 &r"Elr'''?'J*“'‘' Common 
 
 rr yer. Books of Homilies , a Parch- 
 
 Chrlftnings, 
 
 Weddings and Burials in. Fonts, pS- 
 pits, Tables, Chefls for Alms,Gommu- 
 uion Cups, Ornaments and o:her Ftr- 
 H niturtb 
 
A Guide 
 
 niturc, and aCheft with three Locks 
 and Keys for putting the fame in : and 
 they are alfo to provide Bread and 
 Wine for the Sacrament according to 
 the number of the Communicants. And 
 for thefe purpofes they rnay rate the 
 Pariih for mony to do it , for which fee 
 37 H.6.30. n H. 4 -ii- ” 
 
 H. 7.10. F. N. B. 54. 20 - 70, 
 
 80,81,82,83,84,85. . 
 
 27. Upon making of Rates forRepa- 
 rations,ei^e- they are to be done by the , 
 
 Churchwardens with the Aflent of the 
 areater part of the Parifhioners and 
 upon a general warning given before 
 they aflemble for that purpofe and 
 note, that the Ecckfiaftical Coutt 
 cognizance of the Reparation of the 
 body of the Church- Ste jeofp s cafe. 
 Co. 5. lih. 
 
 f 289. M. 31, 32.LLB.it. 
 
 28. If a man flay and inhabit in one 
 Parifli and have Lands in another I'a- 
 ,i(h which he occupies there, he may be 
 charged for fuch Lands for the Rep^ 
 ratTon of the Church of the Panih 
 where the Lands lye: becaufehe may 
 come there when pkafes, and he U 
 to be charged in tefp^ of the Lands. 
 
for ChiiTchxvardens^ 
 
 C«. 5. Kep. 4. 6-], M. 3 1, 32. E/. B.R. 
 
 Jeoffr/s cafe, &7r. ii.Jac. C.B. Ah- 
 drem czie^per Curiam Kolh cafes 2 part, 
 f. 2%p. ’ 
 
 3p. But if an Inhabittnt of a Parift 
 Leafe our his Lands which he hath in 
 another Parifli, referving Rent, then he 
 ihall not be charged in the Pariih 
 where the. Land lies in refped of the 
 Rent, becaufe there is a Parilhioner 
 and Inhabitant which may be charged. 
 Co. 5. Kep. 4.67. b. M. 5. Jac. C. B. Rolls 
 cafes 2 part. f. aSp. and fee P.' 41. El.B. 
 R. Paget and Crumpton's cafe. Cro. Rep. 
 I part.f. 
 
 40. Neither can a man who Inhabits 
 in one Pariih, and occupies Lands in 
 another Pariih, be charged in that Pa^ 
 riih where the Lands lie for theOrna* 
 ments of that Church according to his 
 Land i for the Inhabitants only ought 
 to be rated for them, and fo it was ad- 
 judged by the Court. M. 20 Jac. B. R. 
 Rolls cifcs, 2 part.f, zpi. Winches Rep. 
 fo. per Telverton. 
 
 Neither can a man be charged 
 in the Pariih where he doth inhabit, for 
 the Lands which he occupicth in ano- 
 ther Pariiii, towards the Reparation of 
 H 2 the 
 
[48 
 
 A Guide 
 
 the Church in thePariih where he li- 
 veth > becaufe then he might be twice 
 charged, for he may be charged in the 
 Parifh where the Land lies, as is ihewed 
 before, 5 ’ei?. 38. P. id. Joe. B. R.Sir Wil- 
 liam Butler Verf. Rollt cafes, 2 part. f. 
 28p. Co. ^.Rep.f.Sy. 
 
 42. If a petty'Chapman take a Stall 
 in the wafte of a Manner for Rent, 
 within the Market for two or three 
 hours every Market day to fell his 
 commodities , the Market being held 
 there one day every week, but he inha- 
 bits in another Parifh , here he cannot 
 be rated to the Reparation of the 
 Church for fuch Stall or Standing. M. 
 20. fac. B. R. between Holms and the 
 Churchwardens of Kettering in 
 hamptonjhiret refolved, and a Prohibiti- 
 on granted accordingly. Rollt Cafes, 
 2 part. f. 2$p. 
 
 43. If a Citizen of London build an 
 houfe in the Parifh of A. and inhabit 
 therein the time of Sicknefsin London, 
 and hath not any Land in the Parifh, 
 and afterwards he isafTefTed 20 J. for 
 the Reparation of the Church , where 
 others that have an 1 00 Acres of Land 
 in tlw fameParifn pay but 6 d. yct not- 
 
 with- 
 
for ChMrchwardent. j.q 
 wlthftanding no Prohibition lies in 
 this cafe m the Court Chriftian be 
 caufe they have the Jurifdiaion oVthe 
 thing i and therefore he muft be order- 
 ed according to their Caw M. < 7 
 
 to repair the cLppd' tWei^ wi^t* 
 
 z I-'-st- 
 
 Chittch, but inuft contribute toi^ffot 
 wardens of JJhton and the 
 
 ParlL'Lt "’■= 
 
 tu. m„„p,r.hi“Vterfat^^^^^^^ 
 
 ^ 2- tual 
 
2 A CjMtd>6 
 
 toal Court.M:i i JacS.K.per cmm.'Koh 
 
 Ciksfi part.fi 2^1. 
 
 a(5. If the greater part of the Parilhi- 
 onersofaPariOi where there are four 
 Bells, agree that there foall be made a 
 fifth *Bell, and it is made accordingly/, 
 
 and they make a Rate for payment for 
 it this thall bind the temaind« ot the 
 Pariftiionets, although they did not a- 
 sreetoitvfpt otherwife any obftmate 
 Serfons might hinder any thing inten- 
 ^d, and what is fit for the Ornament 
 of the Chnrch. M. 2 Car. i. B. R. Kolls 
 
 cafeSii part,fi.2pi. 
 
 47. Note, That a man ought to be 
 rated according to his perfonal 
 and not according to his Lands for the 
 Ornaments of the Church. M. 20. Jac. 
 B. R. ^ part.fi. 2 p i. 
 
 ' 48. Thefe things hereafter mention- 
 ed are accounted Church Reparations, 
 viz. the Walls of the Chmch jni 
 
 Church-Steeple, the Church- yard Walls 
 of Stone or Brick, the Windows of 
 <5tone or Brick, and the Bars of Iron, 
 and Glafs, the Roof of Timber, with 
 Laths Nails, Prigs, Dogs and Bolts of 
 Iron the covering of Lead) Tile Slates, 
 or Shingles, the Floor with Stone or 
 
for Churchwardens. 
 paving Tile, the Doors of Timber whh 
 Locks, Keys, Ridges, Hooks and Nails, 
 the furniture of the Steeple with Stairs^ 
 Floors, Bells , Wheels and Ropes, the 
 Pulpit and the Pews or Seats, not rnade 
 by private men, and all thefe are to be 
 performed by Land- Rate &c, though 
 the occupier lives in another Parifli, as 
 afore ihewed. 
 
 49. But thefe hereafter mentioned 
 are not properly Church-Reparations , 
 viz. the Communion Table , with the 
 Coverings thereof, the Communion 
 Cups, the Bread and Wine for the 
 Communicants, the Bible and other 
 Books appointed to be in Churches 
 the wadiing of the Communion clothes! 
 the Candles for the Le< 9 -ure days, the 
 Surplice, the Pulpit Cloth and Cuihi- 
 on, the Clerk and Sextons wages, and 
 expences of the Churchwardens and 
 Sidemen at the Vifitation j and there- 
 fore all thefe are to be performed Ka- 
 tably by the Inhabitants of the Parifli 
 and not by out dwellers. ’ 
 
 H 4 
 
 
 CHAP. 
 
J52 
 
 A Guide 
 
 G H A P. VI. 
 
 Some Cafes wherein the Churchwardens 
 are equally concerned with the Confla- 
 Bles andOverfeers of the Poor. Seefol. 
 52> ^^,^i[.thetr Power again^ Conven- 
 ticles, 
 
 50. TF any of their own authority 
 A (hall wilfully difturb any Mini- 
 fter in his Preaching or Reading of 
 Divine Service, the Churchwardens or 
 Conftables may of their own Authori- 
 ty apprehend fuch perfons , and bring 
 them to a Juftice of Peace to be dealt 
 with -according to Law- r. Mar, e. 6 , 
 See the Conftables Guide ^ ch, Difturbing 
 of Mittifters, 8 c c. 
 
 51. Thefe Officers are to joynwith 
 the Overfeers of the Poor in the exe- 
 cution of their Office, for they have an 
 equal Authority and charge with them 
 in the execution of the whole Officer 
 
 ’’therefore fee afterwards in the Office 
 of Overfeers of the poor, ch. i. 
 
 52. If a Rogue be brought to thefe 
 Officers, they mull receive him and 
 look to him, or forfeit 5 pound, and be 
 
 bound 
 
for Churchwardens.^ 15^ 
 
 bound to the good bchaviour^ytitt, 32. 
 £l. See Conftables Guide, ch, Rogues,&cc. 
 
 53. Thefe Officers, by Warrant from 
 a Jurtice of Peace, may levy the forfei- 
 ture for Curling and Swearing vvhich is 
 twelve pence upon the Offenders Goods. 
 21 fac. c. 20. 3. Car. i ch. 4. See Confior- 
 hits Guide, ch. Swearings Sec. 
 
 54 * If any forfeiture be by any of- 
 fence about killing Hares , Pheafants, 
 or Rr.‘ridges , and fhejuftice of peace 
 force the payment thereof to thefe Of- 
 ficers, they are to fee it imployed to 
 the ufe of the poor of the Parifh.i Jac. 
 ch. 27. 
 
 55. Thefe Officers are to prefent the 
 Offences againft the i Jac. for fuffer- 
 ing Tipling and Drunkennefs, and fel- 
 ling by unlawful meafure, and are to 
 execute the Warrants &om the Jufti- 
 ces concerning the fame, i Jac. ch. p. 
 I Car. I . ch. 4. 2 1 Jac. eh. 7. 4 Jac. 
 ch. 5. See Conjiahles Guide, ch.Alehott^ 
 fes, &c. 
 
 5^* Thefe Officers alfo are to execute 
 the Warrant againft fuch as profane 
 the Lords Day by Sports, &c. 3 Car.i. 
 ch. & ch.22. See Conflahles Guide, ch, 
 Trofanation of the Sabbath, 
 
 H 5 
 
 57. Thefe 
 
A Guide 
 
 57. Thefe Officers alfo are to execute 
 the Warrants againft fuch as deftroy Fi(h 
 unlawfully. ^ Jac. chap, 12. See Con- 
 gablet Guide^ c. Fijh^ &c. 
 
 58. Thefe Officers are alfo to joyn 
 with the Conflables, in the making of 
 Rates for the Relief of poor maimed 
 Soldiers and Mariners, and for convey- 
 ing Prifoners to the Goal, and to execute 
 the Warrants for the fame. 43 E/. 14 E/. 
 ch. 5. 3 Jac.c. 10. See Conjiables Guide, 
 eh. garter Moneys^ & c. conveying Pri- 
 foners to the Goal. 
 
 5P. Thefe Officers are alfo to joyn 
 with the Conflables in the choofing of 
 Surveyors for the High-ways, and in 
 the fetting down of days for the work, 
 and in the over-fight of the High-Con- 
 fiables Account for the Monies they do 
 receive upon any forfeiture about the 
 Highrways and they may alfo with 
 the help of two Juftkes of the Peace 
 ^ ^uor. unut J force High-Conftables 
 that have received any monies forfei- 
 ted for default of High- ways, to ac- 
 count for it, and pay in, what is in 
 their hands to be imployed about the 
 High-ways j and thefe Officers alfo are 
 to execute the Juftices Wananis for 
 
 • all 
 
for Churchwardens. ^ 
 
 155 
 
 all fuch penalties about cleanling the 
 ftreets and repairing High-ways, as are 
 forfeited by the 14 Car. 2. ch. 2. vide 2* 
 3. P. M. ch. 8. Vid. Conftables Guidcy 
 c. High- ways. 
 
 do. Thefe Officers have equal Au- 
 thority with the Condable or Over- 
 feers of the Poor, about the feizing of 
 foreign Cattel Imported into Englandy 
 &c. 18 Car. 2. ch.2. V.Conjiables Gnide^ 
 ch. Irijh Cattel. 
 
 61. Thefe Officers together with the 
 Overfeers of the poor, are to execute 
 the Jullices Warrant for levying the 
 penalty of hve pound upon the parties 
 Goods that is not buried in Woollen, 
 which penalty is to be imployed to 
 the ufe of the poor of the Pariflj , 
 where fuch party is buried. 1 8 Car.z. 
 ch- 4. 
 
 62. Thefe Officers in the feveral 
 Parifhes within the Cities of London 
 and Borough of Sottthwark^y & c. upon 
 every Tuefday or Wednefday in Ea~ 
 lier Week, together with the Confta- 
 bles, Overfeers of the poor, and Sur- 
 veyors of the High- ways of every Pa- 
 rilh refpeftively, or the greater num- 
 ber of giving notice unto , or 
 
i5<* 
 
 J Guide 
 
 calling together fuch other Inhabi- 
 tants of their refpedivc Parifhes , as 
 have formerly born the like Offices, 
 they or the greater number of them are 
 to make choice of, and lhall nondnate 
 and appoint two or more able per- 
 fons, that are Tradefmen of their 
 Parifh , to be Scavengers for the 
 Streets, Lanes, and other open pafla- 
 ges of each Ward or Divilion within 
 the faid Pariffi for the year then next 
 following, and untill others be chofen 
 and fetled in their place. 14 Car, 2 c. 2. 
 
 CHAP. VII. 
 
 “The ChurchtrarJens Office about paffing 
 Accounts^ together mth the Heads of 
 moffi of the things which they are to pre~ 
 pent in the Viftation Court, 
 
 A LL Churchwardens at the end 
 of their year , or within a 
 month after at the moft, are before the 
 MiniOer and Parifhioners to give up a 
 juft Account of fuch Monies as they 
 have received, and al?b what particular- 
 ly they have bellowed in Reparations 
 
 or 
 
for Churchwardens. 1 57 
 or otherwife for the ufe of the Church : 
 And laft of all, going out of their 
 Office, they muft truly deliver up to 
 the Parifhioners whatfoever Monies or 
 other thinp of Right belonging unto 
 the Church or Parifh which remains in 
 thejr hands, that it may be delivered o* 
 ver by them to the next Churchwardens* 
 by Bill Indented. Vide Canon 8p. 
 
 ^ 4 * And if they refufe to do this, they 
 may be prefented at the next Vifitation 
 Court for it, or the fucceeding Church- 
 wardens may have an Adion of Ac- 
 count againft them by the Common 
 Law, and compel them to give an Ac- 
 count, and anfwer for their doings du- 
 ring the time of their Office i And if 
 they have done the Parifn any wrong 
 to niake amends and fatisfadion fS 
 the fame to the ufe of the Parifh for 
 me harm it hath received by their de- 
 Jault : And in this Account the old 
 Officers fhall have allowances for all 
 the needful Sums of Mony laid out or 
 'pent by them, either upon the Repara- 
 nons of the body of the Church , 
 
 Relief 
 
 of the Prifoners in the Gaol ^ or o- 
 therwjfe where the Law doth injoyn 
 
 them 
 

 A Guide 
 
 them to pay or disburfe any mony. Vid> 
 
 8 E- 4-/* 
 
 65. Now as touching the Church- 
 wardens Prefentments. Note, That no 
 Churchwardens, Queftmen or Sidemen 
 of any Parifh (hall be inforced to exhi- 
 bit their prefentments to any having 
 lEcclefiaftical Jurifdidion , above once 
 in every year, where it hath been no 
 oftner uftd , not above twice in any 
 Diocefs whatfoever, except it be at the 
 Bifhops Vilitation j for the which pre- 
 fentments of every Pariih, Church, or 
 Chappel , the Regilkr of any Court 
 where they to he exhibited 3 ihsll 
 not receive in one year above four 
 pence, under pain for every offence 
 therein, of fufpenfion from the execu- 
 tion of his Office for the fpace of one 
 month toties quoties^ but the Church- 
 wardens may voluntarily ^ upon their 
 own account prefent oftner if they pleafe. 
 
 Canon. 1 1 d. , ^ a 
 
 66 . But no Churchwardens, Quett- 
 men or 5'idemen, (hall be called or ci- 
 ted, but only at the (aid time or times 
 before limited, to appear before any 
 Ecclefiaftical Judge whatfoever , for 
 refufing at other times to prefent any 
 ® faults 
 
 I 
 
 I 
 
for Churchwardens. i^p 
 
 faulis committed in their Pariflies, and 
 puniihable by Ecclefiaftical Lawsi 
 neither (hall they, nor any of them, af- 
 ter their Prefentments exhibited , at 
 any of thofe times be any further trou- 
 bled for the fame, except upon manifeft 
 and evident proof it may appear, that 
 they did then willingly and wittingly 
 omit to prefent fome fuch publick 
 crime or crimes as they knew to be 
 committed, or could not be ignorant 
 that there was then a publick fame of 
 them, unlefs there be very juft caufe 
 to call them for the Explanation of their 
 former Prefentments : In which cafe of 
 wilful! omiilion, their Ordinaries lhall 
 proceed againft them in fuch fort, as in 
 caufes of wilfull perjury in a Court Ec- 
 cleiiaftical it is already by Law provided 
 Canon 117. 
 
 67. Note, That one of the two times 
 for Prefentmmts is always to be about 
 a Week or a Fortnight after EaUesy at 
 which time alfo the old Churchwar- 
 dens are to leave the Office, and new 
 ones are to come in, but the new ones 
 are not to be fworn till the old ones 
 have given in their Prefentmentj and 
 every Parfon or Vicar, and in the law- 
 
 full 
 
i6d 
 
 A Guide 
 
 ful abfer^e of the Parfon or Vfcar, 
 then their Curates and Subftitutes are 
 tojoyn in every Prefentment with the 
 Churchwardens » Sidemen and Queft- 
 men \ and if the Churchwardens , &c. 
 refufe to prefent, then every fuch Par- 
 fon and Vicar, or in their abfence, as a- 
 forefaidi their Curates may thenrifelves 
 prefent to their Ordinaries at all fuch 
 times, and when elfe they think meet. 
 Cmon^w'^^ 1 1 8 . 
 
 (58. The Heads of the Articles, moft 
 commonly exhibited to the Church- 
 wardens to make their prefentments 
 upon, are as followeth ; 
 
 dp. Whether their Church and Chancel^ 
 Bells and Ropes he good and well repaired^ 
 and the Ten Commandments^ Lords Pray- 
 esy and Creed^ drawn out in fair Letters^ 
 the Kings Arms fet up^ Aff'efsments made 
 for the Repair of the Churchy and frho 
 refufes to pay If theyjoave a Font^ Com- 
 munion-Tabhy Carpet^xable-cloth^ Flag- 
 gnns with CupSy and Cover for Bread and 
 Wine^Reading Vesk^fulpit with a Cufhion 
 and Covering ft for tty a Common Prayer^ 
 Bool^of the largeft Volume s and the Bible 
 of King James’s Tranflation in FoliOy with 
 a Boo^of HomilieSyand Book^of Canons yand 
 
for Churchwardefii. k5i 
 
 a Surplice? If the fombr^ Monuments and 
 Grave-Stones be fafely l^ept from removing 
 and breaking'^ a Book^ of Parchment for 
 Regifiring.ChriflniHgs, &c, A Chejhwith 
 three Locks to put the fame and the Church 
 Ornaments in^ rrith a Box for Alms^ and 
 a fable of Degrees prohibited in Marriage, 
 fet forth 1563. hung up in the Church? 
 And if the P arfonage^houfe and ouuhoufes 
 be in good repair > and the Churchyard well 
 fenced to keep out Swine, &c. 
 
 70. fhen, whether their Parfon^ Vicar^ 
 or Curate , read the Common Prayer at 
 Morning and Evening Service, wear bis 
 Surplice , bid Holydays , Preach every 
 Sunday , or read a Homily, Catechife , 
 obCerve the 5. November, 30# Jan. and 
 2^. May , and k^ep Perambulations , 
 Preach found DoUrine, and vent no Se- 
 dition againfi the King or Government,^ 
 Celebrate the Lords Supper three times e* 
 very year at leafi, whereof at Eafter for 
 once s Baptife Infants with Godfathers and 
 Godmothers, vifit the Sick,, and pray with 
 them. Bury thef)ead according to the Eook, 
 of Common Prayer, Marry none Clande- 
 finely, Preach in his Gown, be a man of 
 a fober and chafe life, a Peace-maker 
 amongf his Neighbours, and one that takfs 
 
 care 
 
1^2 A Guide 
 
 cate to reduet Se^ariest Popijh P-ecuftHtf^ 
 Separatip and Refra&ory perfons to the 
 Obedience and DoHrine of the Church^and 
 reads the Bos\of Canons to the People at 
 once every year ^ and the Articles 
 
 ttvice every year^ according to his Maje- 
 fiies Letters publijhed 1662 ? 
 
 71. then,Whether all their Parifhioners 
 of due Age^ refort to the Church to Divine 
 Servieejbehave themfelves reverently there^ . 
 Kneel, Stand upland ma\e anftver accord- 
 ing to the Rubriek^oftbe Common Prayer 
 Book,? Whether any mrk,or fell wares on 
 Sundays or Holydays, or Vintners, VtClua- 
 lers. Innkeepers, or others, receive any into 
 their boufes to tipple on thofe dayslWhetber 
 any Marry xvithin the prohibited Degrees, 
 bcAdulterers, Fornicators, Bl^jphemers, 
 SsissarerSy T^runk,ardsy or SoYcererSy and if 
 all above fixteen years old receive the Lords 
 Supper at leajl three times every year 
 lier to be one ^ and whether any keep tueit 
 Children unbaptizedy f^^'otnen a^ter 
 very in due time come not to be Churchedy 
 Of any bring not their dead to be buried af^ 
 ter the Service of the Churchy keep Con- 
 venticlesjoave been married without Banes 
 §r Licence at unlawful hours'^ and whether 
 their Almjhoufes ^H'^f^itaf School^ or Spit- 
 
for Churchwardens. 1 6 ^ 
 
 if they have any^ be well and godlily 
 ufed^ or any thing detained from it ? What 
 Legacies given to pious ufes *, and if the 
 Parifh toners be placed into Tews or Seats^ 
 without off'ence or contention. 
 
 ^2. And lajilyyWhether their Tarifh Clerks 
 andSexton(if they have any)be duly chofeny 
 can write and readjbe of an honeji life^and 
 make the Kefffonfes to the Hymns and other 
 ^Suffrages ? and if the Sehoolmafiery and 
 VJhefy Thyfmany ChirurgioHy or MidwifOy 
 ( if they have any of them )teach orpraSiJe 
 without Licence}! f the Churchwardens be 
 dulychofen in the Week^after Eafter, by 
 the Parfon and TarifhUners^accordingto the 
 Canon or cuftom ? and if the old Church^ 
 wardens have been diligent to k^ep the 
 Church in good Repair^ topreferve all the 
 Furniture thereof and wal\ out of the 
 Church ufually about the midfi of I>ivine 
 Service^ to fee who are abroad in the Ale- 
 houfoyor elfewhere abfent or evilly imploy^d 
 73. Thefe are the heads of moft: of 
 the Articles that are inquired of at the 
 Vititation Courts i but it is probable 
 there may be feme fmall alteration, ac- 
 cording to the ufe of the feveral Dio- 
 cefTes in feveral places. 
 
 FIN I S. 
 
 A 
 
A 
 
 GUIDE 
 
 FOR 
 
 Overfeers of the Poor, 
 
 CH A p. I. 
 
 Oj^the Antiquity of the Offeersybeir 
 i^Aifications^ andhow andvphen 
 to be chofen. 
 
 'PHis Office of Overfeers of the 
 Poor, is a Name and Office of 
 great Excellency and Antiquity, and 
 may befeem the bert and not the mean- 
 eft men in a Parifti i for this Is not the 
 leaft Office> to be called Overfeers of the 
 Poor i for as God himfelf hath a fpecial 
 refpe^ to the miferies of the Poor, fo 
 they be like God which provide for the 
 neceilities of the Poor 2. Now 
 

 A Guide 
 
 2. Now it Is certain, that the Anti- 
 quity of this Office is above fixteen , 
 hundred years handing, as appears by 
 holy Writ » for we find Sr. Stephen the . 
 Proto-tnartyr, a man full of Faith and 
 of the Holy Ghoft, and Philip, znd Pro- ■ 
 cborut. and Nieanor , and timon , and 
 Parmenas, and Nicolas a Profelyte of , 
 Antioch, chofento this Office, as appears 
 ACts 6. 5. and fee AGs 20. & 28. & 
 
 I Cor.16. 2, 3. r L r 
 
 3. As for the qualifications ot thele , 
 
 Officers, they ought to be fubftantial * 
 perfons, having competency of Wealth, 
 Wifdom, a good Confcience, and ot . 
 honeh report i (cz Ads 6,8c 
 
 P, C, XO./, ^ 3 ' r I Ti 
 
 4. Now thefe Overfeers of the Poor, 
 here with us in England, are certain Of- 
 ficers appointed yearly to be joynedt 
 and affiftapt to the Churchwardens ot 
 the Pariffi, in the over-fight and order- 
 ing of the Poor of the Pariffi, and they 
 are to be appointed by two or more 
 luftices ofthe Peace of the County 
 (whereof one to be of the ^orum) 
 dwelling in or near the Pariffi orDi- 
 vifion, 8cc. who are yearly under their 
 Hands and Seals, at Eaiier, or within a 
 
 innnth 
 
for Overfeers of the Poor. i <57 
 
 month after to appoint 4, 3, orajfub- 
 ftantial Houiholders, (according to the 
 greatnefs of the Pariih to be joyned with 
 the Churchwardens of the Pariih^ and 
 all thefe together are to look to the 
 Poor of the Pariih i for the Churchwar- 
 dens of the place have an equal pow- 
 er and charge with the Overfeers , and 
 may be punilhed for their ntgle<9-, if 
 they refufcto meddle herein, 43 E/.2.21. 
 Jac. C.28. T>alt. J.P.C ^ofp^. IVingate's 
 , S tat. ‘tit. poor People. 
 
 5. The major part of thefe Officers, 
 without the reft of them may do any 
 thing belonging to their Office. But 
 they are to have the allowance and 
 confent either in particular or in ge- 
 neral of Two Juftices of the Peace 
 (Httor. unus) to every thing they doa- 
 bout their Office. And thefe Officers, 
 or ftich of them as (hall not be let by 
 juft excufe, (to be allowed by two ]u- 
 lUces) are to meet monthly in the 
 Church on Sunday after Evening 
 Prayer, and there they are to confider 
 of fome meet diredions about their 
 Office, and they are to ufe all poffible 
 diligence in their Office, on pain to 
 forfeit for every fuch Default twenty 
 
 (hillings 
 
1 68 A Guide 
 
 (billings. 43. EI.c. 2, Wiugafs Stat. ‘tit. 
 
 Poor People. 
 
 6 . The Inhabitants of the Townthips 
 
 within the great Pari(hes of Lanc^ire, 
 Chejhire, Derbylhire, Pork^fhire, Northum- 
 berland^ Bifboprick oCDurhamfiumber- 
 land and PPefimerelandf are to take care 
 for the Poor of their Townlbips and 
 Villages only, and are yearly to choofe 
 Overfeers for the Poor within their 
 feveral Townfhips and Villages : And 
 thefe Officers (hall have the fame pow- 
 er in the place where they are chofen, 
 for the relief of the Poor there , and 
 forfeit the like penalties for their neg- 
 ka, as fuch like Officers for intire Pa- 
 rUhes (hill do. ixCar. 2. c. 12, 
 
 7. And if it happen that Overfeers 
 be not appointed according to the 43 
 El. then every ]ullice of Peace , or 
 Head Officer of that Divifion or Cor- 
 poration (hall forfeit 5 /. to be levyed 
 by a Seffions Warrant, and imployed 
 10 the ufe of the Poor of the Parifhes 
 where fuch default is made, 43 El. cb. 
 2 Wingate^ Stat. tit. Poor people. 
 
 CHAP. 
 
for Overfeerj of the 169 
 
 CHAP. ir. 
 
 Of the feveral Sorts of Foot People, and 
 vobat Poor the Overfeers are to provide . 
 for and relieve, or fet to poorkc 
 
 That there are three forts 
 or degrees of Poor, as firft the 
 Poor by impotency and defed, as the 
 aged and decrepit that are paft their la- 
 bour i the Infant Fatherlefs and Mother- 
 lefs, and not able to work, the perfon 
 naturally difabled either in Wit or Mem- 
 ber , as an Ideot , Lunatick , Blind, 
 Lame, &c. not being able to work, and 
 the perfon vifited with grievous fickneft 
 or difeafe, though cafually, yet there- 
 
 u r L inapotent. All 
 
 thefe the Overfeers are to provide for 
 that they have necelTary Relief and Al- 
 lowances proportionable and according 
 to the continuance and meafure of their 
 maladies and needs, and of thefe it 
 may be faid, Si non pavijti,- occidijii : 
 Valt. j , P . c . 40. /. 100. 
 
 9 > Then Secondly, the Poor by ca- 
 fualty, as a perfon cafually difabled or 
 maimed in his body, as the Soldier or 
 
 1 La- 
 
 I 
 
1^0 ^ \jUiC4.C 
 
 Labourer, &c. maimed in their lawful 
 Callings, the Houfboldcr decayed by 
 cafualty of Fire, Water^Robbery, Sure- 
 and the poor man overcharg- 
 ed with Children : All thefe C and fuch 
 
 like others ) having ability and ftrength ^ 
 
 of body but not fufficient means to 
 maintain them^l^^S arc to be fet to 
 Wk by the Ovetfeers, and being not 
 able to live by their work, they are in 
 Charity to be relieved in fome reafona- 
 ble proportion , according to their fe- 
 veral want|S atii neceflities. If sit. j.I. 
 ch, ^o.J. .109^ 
 
 lo^ Then laAly, The thriftlefs poor, as 
 
 tht riotous , and prodigal petfon, that 
 epnlumes aji with play or drinking? &e. 
 tije diflblute perfon,, as the Strumpet, 
 Pilferer, &<^, the .Slpthfui; perfon that 
 tefufel\t'p, work, ;a»d ^he vagabond 
 that wpl abit^ iuihO'dM^^ feryice,? 
 and all thefe; the' Hopfe of Corr^ 
 £iioD i? thg. place where they are to be • 
 fentto, and being, of, able bodies there 
 .they ^e tO' be, held-to hard laboupf,- and 
 to maintain themfelvcs by- their l^bout^ 
 and„WQrk, without charging t;h? Town 
 _ OTipountiey ; for any allowance. 7 Jae. 
 
 cb, 4. Valt* J. F. ch.^p.f. iQU _ 
 
 ' ' ^ II. But 
 
for Overfeers of the FooK‘~^iyi 
 
 11. But it feem/eth thaft if any of chefe 
 laft fort of Poor happen to prove {m- 
 pocenf,, and alfo in cafes pf manifeftex- 
 trennity, then they are to be relieved by 
 the Town. Dalt, J. P, c. 40./. loi. 
 
 12. If the Parents be, able to work, 
 and may have work, .they are to.hnd 
 thek Children: by their labwr, and not 
 the Parilh j but if they be-, overcharged- 
 with Children, they may have help, by 
 having fomp of -their Children put out) 
 Apprentices by the Overfeers. fi 
 P. e. 4p. /. p8. , 
 
 13. * The Father, Grandfather, Mo- 
 ther, Grandmother, and the- Children 
 and Grandchildren of every poor itn^ 
 potent perfon not able to work, being 
 of fnfficient ability, fliall relieve foch 
 poor perfons in fueb manner, as the 
 Juftice-s of Peace of ^har County (yrherc 
 fueh fufficient perfon dwelletb) at their 
 General Quarter Stffions (hall Affefs i 
 and\|f fuch perfon refufe to. abide' the 
 Order they forfeit 30 /. for every month 
 
 ^ro'the poor of the -Parilh,, which ■forfei- 
 rure is to-be levyed by the Gluirchwar^ 
 dens Or Overfeers, or one of them, by 
 Warrant from any two Ju likes of the 
 Peace'C^for, within their Limits, 
 I 2 by 
 
 ■r 
 
 ! 
 
 i 
 
 1 
 
 f 
 
 'I 
 
 i 
 
A Guide 
 
 by diftrcfs and fale of the Offenders 
 Goods , and fot want of diftrefs, any 
 two fuch Juftices may commit the Of- 
 fender to prifon, there to remain with- 
 out Bail till the faid forfeiture be paid. 
 
 43 El. 2. c. 2. Kefol. Judges l< 5 , 17. 
 J)alt. J. P. c. 40* /• 
 
 14. But note. That if a man marry a 
 Grandmother that hath no Eftate, the 
 Grandfather in Law is not chargeable : 
 But if (he hath an Eftate caufed without 
 fuch marriage, or that comes after tnar- 
 riage by defeent or otherwife to her, 
 here he may be charged: But where 
 they have taifed themfelves to an E- 
 ftatc by their own Induftry there it is 
 doubtful. But in no cafe fliall he be 
 charged longer than his wife lives » and 
 it feems alfo Baftard Children are not 
 within this Law, neither can the ]ufti- 
 ces do any thing herein againft a man 
 that lives out of their County. See Boul- 
 Kep. 2. part. f. 2 ^$y 24<5, 247. 
 
 15. No Poor may beg but in tn«r 
 own Parifti, and there by licence of the 
 Overfeersof the Poor jand they may not 
 licence them to beg In the High ways 
 there, and without the licence of the 
 Overfeers they may not beg at alb 
 
for Operfem of the Poor. ,7, 
 
 16. No Inhabitants may ferve any 
 Poor_at their Door, but thofeof their 
 , own Pariih, that have licence from the 
 Overfeers of the Poor to bee thire 
 under pain of 10 /. for every time they 
 doja I Jao. 7. mit. J, P. ch 47. fol 
 
 17* Officers to make pro vifion 
 
 or a poor man that wants an Houfe 
 
 Herdfman or 
 ^ confent of the Lord of 
 
 ms I^nd and Seal, either by therafeives 
 w with a Seffions Order, may eredt a 
 ttage upon any part of the Wafte of 
 
 notwFthfb Inmates therein, 
 
 notwKhftanding the 31 £/, 7. Biu 
 
 fuch Cottage may not be afterwards 
 employed otherwife than to lodge im- 
 potent perfons there i for if it befthL 
 
 TforefaiT^r ?/ E/. 
 
 married^' 
 
 them i/fp^ maintain 
 
 of S f ^ oidmary and daily Trade 
 
 PerL aIf?‘‘'’'‘^*"^"Sby, and fueh 
 perfons alfo as can get no work, are to 
 
 I3 he 
 
A Guide • 
 
 be fet on work by the Overfeers i ^hd 
 any one ]uftice of Peace 
 the Houfe of Coneaion, or Common 
 Gaol-, ftich as {hall not imploy them- 
 fclves to work, being appointed there- 
 to by the Churchwardens and Over- 
 feersV the poor of theParilh. 43 
 c. 2 . T>At, J.P.c. 40. f. p 3 • , , 
 
 ,p. And to this purpofe the Church- 
 wardens and Overfeers of the Poor 
 by, and with the confent of two or 
 
 «,ore|ul«ces of the Peace 
 
 Set up, ttfe,' and occupy J«de, 
 
 Myffcry, ot Occupation, only 
 Sing on work.' and ^better relief of 
 
 the Poor - of theP 4 ri(h, Town “ 
 where they are Overfeers, &c- 3 Car. r. 
 
 Stat. tit.^Boor peofe. 
 
 20. If a Stranger come into the Fa- 
 
 ri(h into any Tenement, under the 
 
 yearly value of 10 /. The Overfeers 
 may require fufficient ° 
 
 ?or the difeharge of the ParKh, and if 
 he refufe, they may complain to the 
 Tuftices of Peace within 4 ° days aftet* 
 the party comes there, and they may 
 order him to do it, or otherwife re- 
 
 move him. *4 ^ ^ ^ ^ p. 
 
 I 
 

 for Ove^eers d/ 'the Poor. 
 
 C H A P. m. 
 
 fhe Duty bf the Gherfierr 'aboptt fthtini^ 
 forth and bindittb df AppteatJces 'mtb 
 the form of the In denture for ' fuch- 
 furpofe, 
 
 2r.|N the putting 6irt 6f Chiiaren 
 *. Apprentices, there Ought to ^ 
 regard had to the Mafrer,the ChUd,and 
 the Parents-, firft to the Mafter, that he 
 w of ability and honehy, otherwife by 
 fome device or hard intreaty they may 
 provoke their Apprentices to depart 6r 
 run^away , and regard is affo tobe had 
 to his Trade or Faculty,, left the 
 prentice confume his rime without 
 learning any thing : Secondly, Regard 
 IS to be had to the Apprentices to ptit 
 them out timely, and while they ate 
 young and tradable ( fo th« they be 
 above the age of feven years ) omCr- 
 wi^Te by reafon of their idle and bafe 
 Educations they will hardly keep their ' 
 Service or imploy themfelves to- work : 
 Then laftly, Regard is to be had to the 
 Parents to take away fuch from' them 
 as are brought up to live idlely and 
 I 4. loolly 
 
'a Guide 
 
 loofly* ot elfe fuch as are a burthen and 
 charge to their Parents. Valt. J. P. ch. 
 
 .40. P5* r 1 / 
 
 22. Note, That the choice of thele 
 Apprentices are to be out of the pooreft 
 fort of Children, whofe Parents are the 
 leaft able to relieve them, and they are 
 to be above 7 under 1 5 years of 
 Age, when they are firll bound. 7 
 
 c. 3. m»gateh Stat. ’tit. Poor People. 
 
 23. And thefe Officers are to have 
 the conient of two Juftices of the Peace 
 in the placing out of fuch Apprenti- 
 ces y and they may bind the Manchild 
 till 24 years of age, and the Woman- 
 child till 21 years of age, or till (he be 
 married, which (hall firft happen ; And 
 thefe Apprentices may be bound to 
 Weavers, Mafons, Dyers, Fullers, or 
 any other Trade, as well as to Husban- 
 dry or Houfewifery. See 43 £/• ch 2. 
 Dale. J. P. ch. 3 1. > 83. Wingate s Stat. 
 'lit. Poor People. 
 
 24. Now this placing of Apprentices 
 may be to any man, whom the Officers 
 and Juftices think fit to receive them, 
 within the fame Pariffi or elfewhere in 
 other ParUhes within the fame Hun- 
 dred either with, ot without Money i 
 
 there- 
 
for Overfeert ef the Poor. 177 
 
 therefore It is fit in this cafe to confider. 
 It the Child be young, and the party 
 to whom they place it is not very able, 
 then they may give money , if they 
 pleaf^ as the party and they ftiall agree. 
 ■Key. Judge 1 1635. r, 
 
 25. All men that have, or may have 
 ule for Servants, as Knights, Clergy- 
 
 and Yeomen, as well 
 as I radefmen, are bound to take Ap- 
 j^enficesi yea, though wealthy men 
 Cable rhemfelves, or live fo privately, 
 that they have no ufe for a Servant, yet 
 they may be compelled to take them, or 
 elfe to pay 3 fum of money for putting 
 
 them Apprenticeselfewhereiand if they 
 
 refufe to pay the fum impofed upon 
 
 JufteofthePeaceZ 
 b. Jin '•'■y Ay 6 n.e 
 
 Good tr"? j 
 
 tic^^" Refufers to take Appren- 
 
 th?S and indited for 
 
 ? .u ^ “Pon the Stat. 45. £/. ^ , 
 
 27- An Apprentice put to » man in 
 ^ 5 > tefpe^ 
 
tcfpea of his Fatm when his Leafe ex- 
 oireth, the Apprentice lhall go hiU 
 with the Farm, if the firft Matter be fo 
 pleafcd V otherwife tt is where an Ap- 
 prentice is put to a ™an in regard ot 
 Us ability, or for other refpe^s. And 
 where any differences are between the 
 Officers and the man that is to «“ive 
 an Apprentice, about money, and what 
 money (hall be given or otherwife, h^ere 
 the Jufticcs thereabouts, or, 
 defaults, the Seflions mutt end «. Re/a/. 
 Juc^es, i < 533 - 2 . Valt, J. P. c. 
 
 the Parents of Poor Children 
 {hall refufe to let their Children be pu^t 
 forth Apprentices C without good caule 
 {hewed > fuch Parents may be 
 ver, by the Juftices, to a^lwer. their 
 faid Default, and if the Children fhall 
 Kfufc, the Juttices tnay fend them to 
 the Houfe of Coiie<3:ton, there to re- 
 main till they be content to be bound 
 and ferve. > P- c.^o.&3 ufi 
 
 Nocer. <^iat this binding, mutt be 
 by Indenwe, and may not well be 
 done by a Verbal Agteeipenr, and the 
 ladmmc. rettft be dtfa« between the 
 
for Overfeers of the Poor. ■ 
 
 Juftices, ChurchwardenSj and Overl*eer5, 
 or them, and the Apprentice on the 
 one part, and him that takes the Ap- 
 prentice of the other part, as appears 
 by the form of the Indenture in the end 
 of this Chapter > and he muli be named 
 by the name of Apprentice exprclly, or 
 elfe he is no Apprentice, though he be 
 bound. Cromp,\ %\.Dali. J.P.^ 3 1./.82. 
 
 30. And this binding is as effe(ftual 
 to all purpofes, as if the Chi'dren were 
 of full age, and did bind themfelves by 
 Indentures and Covenants i and all fuch 
 as are bound by the Overfeers, as a- 
 bovefaid, may fafely be received and 
 kept as Apprentices by their Mafters. 
 i jac.c. 25. 21 Jac. c. 2 %, Dalt.J.Pi. 
 c. i\. f. 83. 3 Car, I. c. 4. 5 £/. c. 4. 
 Crompt. 184, 
 
 31 . Note, That money given, to put 
 out poor Children Apprentices, is to 
 be employed in Corporate Towns, by 
 the Corporations,; and in other places 
 by the parfon or. Vicai^ together ,w|th 
 the Conllables, Churchwardens, and 
 Overfeers of thePpor, p» the moft part 
 of them i who fhall not .forbear or re- 
 fufe to employ the fame ..accordingly, 
 in pain to forfeit five tnarks^ each of 
 
 them 
 
l8o ^ A Guide 
 them fo making default, to be divided 
 betwixt the Poor of the Parifh and the 
 Profecutor. T Jtc- cb> ^.Pf^iugnte^s St at. 
 "tit. Poor People. 
 
 32. And the party, taking any money 
 with fuch Apprentice, (hall give good 
 Security by Obligation to repay it at 
 the end of feven years next enfuing the 
 date of the faid Obligation, or within 
 three months next after the end of the 
 faid feven years i and if fuch Appren- 
 tice (hall die within the feven years, 
 then within one-year after his or her 
 death i and if the Mailer, Midrefs, or 
 Dame, happen to die within the feven 
 years, then within one year after their 
 death ; fo as the money may be employed 
 in placing the Apprentice with fome 
 other of the fame Trade, to ferve out 
 his time, at the diferetion of the parties 
 traded as aforefaid. 7 Jac. c. 3. 
 
 33. And the trwney fo given (hall be 
 ierployed within three months after the 
 Receipt thereof, and if there (hall not 
 be apt perfonfi found in the places 
 where it is given to the Apprentices, it 
 flrall then be imployed in the Pariihes 
 next adjoyning, by the parties that are 
 trufted with U in the place where it 
 
 was^ 
 
 
for Overfeers of the Peor. 1 8 r 
 
 was fo given, and there alfo Bond fliall 
 
 be taken, as afore is declared. 7 Jae. 
 
 cb. 3 , ' 
 
 Note, That if the Mafter ihall 
 g|t his Apprentice into Apparel, it is a 
 Omin Law, and he cannot afterwards 
 take It away, though he ihould part 
 with his Apprentice. Bro. Tranfgr. p,, 
 35* An Apprentice cahnot be dif- 
 charged from his Apprentiihip, but by 
 4 Juflices the Peace at the lea/}, and 
 in open Seffions, or elfe by the Agree- 
 
 under his Matters hand in writing. DaU. 
 
 31.7.79. 
 
 3 ^; The Form of thefc Indentures 
 mentioned before, is asfoIJoweth, ^ 
 
 t ember, m the 20 year of the Reign of 
 Our moft Gracious Sovereign Lord 
 
 Sd of ^y the Grace of 
 
 od of SnglaHd^ Scotland^ France znd 
 
 King, Defender of the FaiA 
 WitnelTeth that 
 ^ ^ Overfeers of the Poor 
 
 bv’ u"?" fame Town. 
 
 <=onPent of Sir J. P. 
 iimght and Baronet, and f. M. Efgi 
 
 two. 
 
i 82 ^ 
 
 Date of thefe prefents, until ^ 
 
 r - i ? 1'. (hall come to the age of 21 
 ttJ'ol u m.nhi. which IbaU tad 
 happen* according to the Statute in 
 cafe made and provided i by and 
 
 during all which time and 
 ^ I Lll the faia E. H.het Dame wel 
 ^ j'f^ifhfullv ferve in all fuch lawful 
 r r..e6 a“X ftidE.H. (hall put her 
 
 the / t ability, and honeftly 
 Safore(aid7-f.inthe f 
 
 of Houfewifery the he» manMt th 
 
 (he cm. d. may, (hall teach and mfotrn. 
 or eaufe to be taught and mfo-nt'd. « 
 
for Overfeerj of the Poor. 185 
 nuich as thereunto belongeth, and (he 
 the faid E. H. knoweth •, and alfo du- 
 ring all the faid Term to find unto her 
 faid Apprentice, Meat, Drink, Linnen, 
 Woollen, Hofe, Shooes, Wa(hing, and 
 all other things needful or meet for an 
 Apprentice. In witnefs whereof, &c. 
 
 37. Note, If It be a Boy that is to be 
 bound Apprentice to Husbandry, or a- 
 ny other Trade, then he may be bound 
 till 24 years of Age, as is (liewed before 
 in this Chapter. 
 
 CHAP. TV. 
 
 Several Cafes about Settlements^ and alfo 
 touching Bajiards^ &c. 
 
 There have been former- 
 ^ ly rnany Controverfies, what' 
 time (hould be accounted a Legal Set- 
 tlement ) but ROW all ObjetSHons in that 
 point are anfwered i for it is appointed 
 by the 14 Car. 2. that 40 days (hall he 
 accounted a Legal Settlemen,t;> but then 
 this Settlement ought lieither to be ob- 
 fcurc, interrupted, .or brought about by 
 prat^ice. 
 
 3p. As 
 
A Guide 
 
 70. A« touching Selling of Poor 
 People-, Note, That the Jurtices arcto 
 meddle with none but thofe whoare 
 impotent, and fuch as are like to be 
 chargeable to the place where they are. 
 
 Bow/jir.. Rfp. I 347* . . 
 
 40. And as to this, know that tt is 
 ena^ed by the 14 C<»r. 2. c. 12, That if 
 any Stranger come into a Patifli to fet' 
 tie there in any Tenement,, under 10 /. 
 a year, and. he.refufe to give fuch Se- 
 curity for the Difcharge of the Pariih 
 
 as two Juftices (hall think fit V then any 
 
 two JutUces ( ^or. unm ) may upon 
 complaint to them made by the 
 Churchwardens or Overfecrs within 
 40 days after the Stranger comes into 
 the Parifh, make their Warrant to fend 
 him to the place, where he was lift le- 
 gally fetled as a Native , Houiholdcr, 
 Sojourner, Apprentice, or Servant 40 
 days or mote '•> fo that by this, it feems 
 to be the opinion of this Parliament, 
 that no man that Rents 10 /. a year, or 
 above, is to be accounted fuch a poor 
 man as to be removed by order of the 
 Juftices ; where any perfon finds him- 
 felf a^rieved by the two Juftices or- 
 der, he may appeal to thenext Qh«“ 
 
far Overfeers of the Poor. 1 85 
 
 Ut S«iTions held for the County for his 
 relief. i^Car. 2 ,cb. 12. 
 
 41. But any perfon may go info any 
 County, Parifh, or place to work in 
 time of Harveft, or at any time to work 
 at other work> Co as they carry with 
 him or them a certificate from the Mi- 
 tt ifter of the Parifli, one of the Church- 
 wardens, and one of the Overfeers of 
 the Poor, that they have a dwelling 
 Houfe wherein they inhabit, and that 
 they have left Wife and Children, or 
 Come of them there, and is declared an 
 Inhabitant there i and in fuch cafe, if 
 the perfon (hall not return to the place 
 aforefaid , when his work is done, or 
 ihail fall iick or impotent, while he is 
 in the faid work, yet this (hall not be 
 accounted a Settlement > but any two 
 juftices may fend the perfon or per- 
 fbns to the place or places of his or 
 their Habitation ; and if any perfon 
 (hall refufe to go, or ihall not remain 
 in the Parifli where he ought to be fet- 
 led, then 'the Jufticts may fend fuch 
 perfbns to the Houfe of Correfl'ion , 
 there to be punifhed as a Vagabond, or 
 to a publick Workhoufe to be employ- 
 ed in a work or labour. i^Car. 2. c. 12. 
 
 This 
 
ir 
 
 \%6 A Guide 
 
 This Statute, as to the point af<»efaid, 
 is to continue to the end of the nrlt 
 Seffions of the next Parliament. 
 
 ' ij.2. Note,That no man but a Vagrant 
 
 Besreer, ought to be fent out of any Fa- 
 ri(h to the place of his birth or laft ha- 
 bitation-, for if any refufe to vvork m 
 
 the Parifli where he is fetled , or to 
 work for the wages alTelTed, then he is 
 by the Juftices to be fent to the IHoufe 
 of Gorredion. Co. i.psrt. 
 
 7 Jetc. c. 4 . Rr/o/. 9 J* 
 
 S.Ci±J.f. 12(5. . ^ 
 
 43 . If a Scholar in the Univerfity, or 
 in a Grammar School begtn^to be fu- 
 fpea:, he may be, or if he doth become 
 impotent, and rs like to be a charge to 
 the ParHh where he is, he muft be fent 
 to his Parents if he have any, otherwttc 
 to the place where he was laft legal y 
 fetled before he came to School. bJ\. 
 
 ^ A. Ifonebeborn, and live 20 years 
 in A. and then go to B. and there live 
 in a Houfe and pay his Rent, and alter 
 he comes to C. and there works ao 
 Weeks as a Labourer in a ^arry 0 
 Stones, where he breaks his back, and 
 b«om« tapotent. and there ts «ken 
 
for Overfeers of the Foot. j S7 
 
 vagrant and begging? in this cafe he 
 muft be Cent to A. the place of his birth? 
 and there muft be provided for. ive/T 
 ■ Judges Car, 1. ' 
 
 45. If a man that hath a Wife and 
 Children, ' take an Houfe in one Parifh 
 for a year, and during this time he is 
 illegally forced out of his PoffeiTion i 
 then he fakes an Houfe as Inmate in 
 another Parifh, out of which he is put 
 within two or three days, and then not 
 having any place to be in, he gets into 
 a Barn in the third place* and there his 
 Wife is delivered of another Child ; in 
 this cafe they are all to be fent to the 
 Parifh out of which they, were firft il- 
 legally forced. Refd. Judg, 166^^ Se^. 
 24. 
 
 4d. One born in T>. left that place for 
 the fpace of 20 years, then lived in -S', 
 took an houfe and paid rent, and left 
 that place alfo ^ or 7 years, and then 
 came to L. in another County, and 
 there was 20 weeks, did work, and 
 there became impotent, and did wan- 
 der and beg in the fame place, and was 
 taken as a Vagrant, and it was ordered 
 he fhould be palTed and fctled at D. 
 where he was born, by the Judges at 
 
 iror. 
 
1 88 A Guide 
 
 fVorcc^er Adrfes* 14 
 Kep. i.part.f. s 57 : , , . 
 
 47. No Child under the Age of 7 
 years (hall be adjudged a Rogue with- 
 in the Stat. 3?. EL ch. 4. But it feems 
 fuch Children vagrant and begging 
 muft be Cent and placed with tbe Fa- 
 ther or Husband of the Wife » and “be 
 be dead, then with the Mother ( where 
 (lie was born, or lafl dwelt by the fpace 
 of one year ) and fuch Children, once 
 thus fetled or placed, muft there re- 
 main, and not be fent from thence to 
 their place of birth, though after *bdr 
 Parents dye or run away, or that the 
 faid Children grow above the ageot 
 7 years j yea, though <he faid Children 
 after beg and prove vagrant in the 
 Town, for there they muft be fet to la- 
 bour by the Overfeers of the Poor. Rej. 
 
 p, 10. Fault. Vag. 2.&T>alt. 
 
 y.P. 0^.47./* 125. 
 
 48. But Children above 7 ot 
 age, going al^ut vagrant or begging 
 in the Country, (hall be punilbed as 
 Rogues, and fent to their place of birth. 
 T>alt. J. P. c. 47. /. 12 5. dt* RefoL Judg. 
 4, 3p. EL c. 4. 
 
 4P. The Wife , being a Vagrant 
 
 Rogue, 
 
for Gverfeer/ of the Poor, . , 2 p 
 
 ^ Husband, 
 
 Aough he be but a Servant in anothe^ 
 Town i and where the Husband and 
 Wife have an Houfe, ( though as an 
 Inmate) and either of them Rogue a- 
 bout, in this cafe they are to be fent to 
 the place where the houfe is. T>alt, J. p. 
 e. 47 */* *25. Kef. Judges 3, 5. 
 
 Vk of 
 
 or Jaft dwelling cannot be known, ha- 
 ving Wife and Children under 7 years 
 of age, they muft go with the Husband 
 to the place where they were laft wilful- 
 y fuifered to pais through without pu- 
 nifhment, where the Children muft be 
 relieved by the work of their Parents, 
 though the Parents be committed to the 
 Houfe of Corre<aion } and if the Rogue 
 
 7 years of age, 
 that Rogue about with him, then they 
 arc to be fent to the Houfe of Correfti- 
 on alfo with the Parents, and when 
 they come out again, then to their fc- 
 veral places of births. Vah. J.P. c.47. 
 
 /• 123. and Sheppard’s Guide for 7 . P. 
 pag-2^2.Kef.&c.b. 
 
 5 t* If I live in a Houfe in A. there 
 with my Children, but I work in B. 
 where 1 am hired by the year, in this 
 
 cafe 
 
1.0 A Guide 
 
 cafe my Children (hall be in but if I 
 have an Houfe hi B. they (hall be placed 
 thttc. J>alt.f.P. c.^o.f.99- . . . ^ 
 
 <a. X being a wanderer with three 
 
 Children born in three Pariaies comes to 
 Vale with them to her Sifter, and there 
 dyeth ftiortly after, here the Childrea 
 Juft be fctled in the feve^ljariih^ 
 
 where they were born, at^d 
 
 Parith where the Mother dyed. BouUir.- 
 
 ^^ 5 * 3 ? No man is to be put out of the 
 Town where he dwelleth and is law- 
 
 fdl,toW,no,Job=fcnttoh»Pte 
 
 of birth, or laft Habitation, but a. V a 
 erant Rogue, nor to be found by the 
 Town, except the party be impotent, 
 but they ought tofet themfelves to la- 
 bour, ifthey bc:ableand 
 And ifthey cannot get work, then the 
 Overfeers are to fet them to : And 
 if in fuch cafe fuch perfons wander a- 
 
 broad begging out of the Panfti. tto 
 
 they may be font as Vagabonds ( from 
 where Aey (hall be trken 
 
 „an*ing or begBin^/ ''“/jf 
 
 <4, If a MiidSer-vantbe gotten with 
 
 Chiu at a. by her Eellow Servant ( or 
 
for Cverfiers of the PoJ^ 
 by another Man of the fame Town) and 
 atter both their Sei vices ended they 
 «iarry, and then the young man is re- 
 tained at B. and afterwards the Woman 
 IS delivered of her Child, in this Cafe 
 with her Child are to be fent to the 
 father at B. and there muff be fetkd. 
 Dali.j, p, c. 40* 
 
 55 * If a.ny diftiarbance be made to a- 
 ny Settletnent lawfully ordered by the 
 Juftices, either by the Conftables refu- 
 ,hng to receive and convey a Rogue 
 where^they ought to do it, or by the 
 Churchwardens and Overfeers of the 
 Poor in refufing fuch an one as is, duly 
 fent to be fetled there, in fuch cafe they 
 
 forfeit 5 /. by the sp El. c. 4. 
 
 5 *^* If a woman unmarried be hired 
 Weekly, Monthly, half Yearly , or 
 learly, in one Pariih, and there be 
 gotten with ^ild, and then goeth into 
 another Pariflij and there is fetled in 
 bervice, or otherwife for two or three 
 roonths, and then the is difcovered to 
 this cafe ihe and her 
 Child {hall be fetled in the Pari{h where 
 me then is, and muft not be fent to the 
 Pariih whence (he camet . Kejol. Judg-et 
 
 57- If 
 
1 02 ^ 
 
 If a Woman be delivered of a 
 
 BaSrd Child in o"" Patijh, and then 
 
 RO into another Partih with her Cnild, 
 
 f„ this cafe the ChUdate..^^ 
 
 is to be fent to and fetled m the place 
 where it was born, and not to remain 
 with the Mother. >4" i^33- 
 
 If have a Baftatd Child by B. 
 
 born in Vale, lo years 
 Reputed Father marries an^^r Wo- 
 man and they breed the ChUd lo years . 
 in the Pariihof Sale, and the 
 
 the Child is in Service all this while, 
 
 and a Single Woman, Jje ' 
 
 ther dies i in this cafe the Child is to be 
 fent to the Mother firft, to be main- 
 tained by her if (he be aMc, and if not, 
 it muft be kept W the ^ari^^ of 
 where it was fetled with the Father i 
 
 vears. Eep. a. 3 
 
 ^ cp. If aWoman have a Baftatd Chdd, 
 
 and^is like to be chargeable *bePa- 
 rifti, and (he is fent to the Houfe of 
 Correaion for it ( as (he tnay he by 
 Law ) in this cafe it hath been queftio 
 l^ed whether (he Child muft go wuh 
 her, or remain in the Town where it 
 was born, ( or fetled with the Mother ) 
 
for Ovtrfeers cf the Poor. jpj 
 and there to be relieved by the work of 
 the Mother, or by Relief from the Re- 
 puted Father, upon the i8 El. and it 
 feems moft reafonable to be fo 5 and yet 
 the common opinion and prac^-ice is o- 
 therwife, ( to wit) to fend the Child 
 with the Mother to the Houfe of Cor- 
 redion : And this may alfo feem reafo- 
 nable where the Child fucketh on the 
 Mother* jyslt. ‘^.P.ch. 11, 5 ^* 
 
 60. If a Woman with Child be fent 
 to the Houfe of Corre<ftion, and there 
 be delivered, the Child muft be fent 
 back to the Pariih where the Woman 
 came from, there to be relieved. Alfo 
 if a Woman be travelling, and have her 
 Child with her, and is apprehended and 
 fent to the Goal, and there hanged for 
 Felony, in this cafe the Child (hall not 
 be chargeable to the place where the 
 Goal is, but to the place where it was 
 born C if it can be' known ) otherwife 
 to the place where the Mother was ap- 
 prehended i and fo was the opinion of 
 Sir Nkholo! Hide 3 Car. i, 
 
 61. The Two next Juftices ( Qmr. 
 unuf) in or next to the limits where the 
 
 It r n'lay take order as 
 
 well for the puniihmcnt of the Mother 
 K and 
 
jp^ ^ ^ A Guide 
 
 and reputed Father of Ch‘ld, - 
 
 as alfo for the relief of the Parlih where 
 it is born, by charging the Mother and 
 Father with the payment of money 
 weekly towards the keeping of it, or 
 othemifti And if the Mojer or Fa- 
 ther perform not the Juftices order i 
 therein, they ate to fuflfer im^ifonment 
 without Bayl, except he or (he give Se- 
 curity to perform, or elfe to appear at 
 the next Seffions, and abide the order 
 of the luftiees there, if any be made 
 there i and if none be 
 ftand to the firft order,. P^/t. /. F. 
 
 62. Note, That this Order may be 
 made by any two juftiecs of the Coun- 
 ty ( fome> 
 
 but moft properly by the *^0 next 
 
 Tuftices, and the queftion muft be a- 
 bout fuch a BaQard Child as is like to 
 be a charge to the Patilh v and the 
 curity muft be given to the Panft 
 where the Child is ^om, to fccure the 
 Pariih from the charge of ’ 
 
 or to keep the Child: It muft be a Pa- 
 
 tiih within the County where the 
 Tuftices have power , and the ^ ^ 
 muft be certain how long the 
 
for Overfeert tf the Poor. 1^5 
 
 Father muft keep the Child, fecurc the 
 Tsrifli, &ct and it twuft be made againfl 
 the perfon that is fufpeded to have 
 gotten the Baftard Child, and not a- 
 gainft another perfon to contribute 
 towards it, becaufe it was gotten In 
 his houfe, &c. and the Order rnuft ex- 
 prefs the Child by the name of a Ba- 
 ftard Child, and not the reputed Child 
 of fuchan one, and the Juftices for the 
 better difcovery of the matter, may 
 upon Oath examine the Mother her 
 fcJf concerning the reputed Father, 
 the time, &c. Valt. J. P. Ch. i i. fi. 37. 
 
 1 8 Eliz. Cb. 5 . 7 Jac. Ch. 4. See SteePs 
 A 154, 245, 24^, 247, 388. and 
 fee PrtdgeoH s Cafe. Hit p Car. x.B.R. 
 and Slater’s Cafe. Pafch. 13 Car. i.B.R. 
 Cro. Rep. i. Part. 
 
 63. Where the Putative Father or 
 Mother of a Bailard Child (hall run 
 out of a Parifh or County, and leave 
 their Children upon the charge of the 
 Parith, having Elfates fufficient to dif- 
 charge the Pariih, there the Church- 
 wardens and Overfeers of the Poor of 
 the place where the Child is born, may 
 fehe fo many of the Goods and Chat- 
 tels, or Rents of his other Lands, for 
 K 2 the 
 
the difcharge of the PariOi, and bring- 
 ing up and providing for the Child, as 
 any two Juftices (hall order i and *b^te- 
 upon the SelTions is to difpofe and fell 
 the Goods and Chattels, and the Sellions 
 may order the Officers aforefaid, what 
 they (hall receive of the Rents and 
 Lands alfo for the purpofes aforefaid. 
 14 C<jr. 2« 12. 
 
 CHAP. V. 
 
 ‘the Overfeerr Office in making ef Rate/, 
 And faffing Accemtt. 
 
 6a. nPHefe Officers, or the greater 
 
 1 part of them ( for the doing 
 
 and performing of the things they 
 have in charge) may raife weekly, or o- 
 therwlfeby Taxation of every Parlon, 
 Vicar, and other Occupier ot Land, 
 Houfe, or Tythes, Cole-mines, or fale- 
 able Underwoods, within the 
 Town, &c- fuch a fum as they lhaU 
 think fit i and this Rate they muft have 
 allowed and confirmed under the 
 hands of two ]uftices ( ) 
 
 and then by Warrant from them, or 
 
 any 
 
Jor Overfeers of f be Poor. ipy 
 
 any other Two Juftices ( ^or. m«s) 
 they may levy, by diftrefs and fale oF 
 party refuhng to pay, 
 the faid Tax, rendring the Overplus to 
 the owners, and in default of Diflrefs 
 ^ ^'^ofuch Juftices may commit the party 
 to remain without BaM 
 till It be difcharged by him. 43 kUCh. 
 
 Stat. Ti/. Poor People. 
 
 ^5. Now thefe Rates ought to be 
 made, according to mens 
 yifible Ehates, real and perlbnal, with- 
 in the place only, and not for any Eilate 
 elfc where; at Lincoln Affixes s> Car. i. 
 
 by Juftice and Cw^. 
 
 • ® Parifh in Reputa- 
 
 t^ion (hall be a Pariih within this taw i 
 
 u /u JaJA ancient Pariih that 
 
 hath Officers in it, and there be a 
 Town within this Parifh, which fora 
 long time hath been ufed and reputed 
 
 Parochial 
 
 Rights, as Churchwardens, &c; here 
 this place may be Rated as a Pariih to- 
 wards the Poor. Hn/ton’s Kep. fo. 02. cJ- 
 
 M. 3. C^r. B. R. Hilton & PattPs Caih 
 Cro. 3 . Part. Rep. 
 
 ^ 7 * This Tax muft be fet upon the 
 K 3 Te- 
 
,^8 ~ ^ 
 
 Tenants and Occupiers of Lands > and 
 not upon the Land-Lords living wuh- 
 in or without the Parifh » for the Te- 
 nant only is chargeable for the Land. 
 ^Ijired’s 1 . Part. Rep. fo. 3 54' 
 
 <58. TheParfon, having a full Tenth 
 Part of the Profits of the Place, may be 
 rated to a Tenth Part. Refol. Judges. 
 
 1^22. SeU. 32* 1 • 
 
 6g. He that doth occupy Lands in his 
 own hands, lying in feveral ParUhes, 
 he muft be charged In every Parilh for 
 his Land lying therein, only according 
 to the proportion thereof , and no 
 mote » but for his perfonal Eflate it 
 feems reafonablc he ftiould be charged 
 for it in the place where his P^fon *• 
 All Lands Ancient Deineafn Guilda- 
 ble, and Copyhold, are to be charged 
 with thefe Rates, which ought to be 
 according to the value, or by the pound, 
 and not according to the quantity, i^ea 
 canfuetudo toVit Legem. ^ j • 
 
 no. The Rate for Stock or Goods is 
 
 thought reafonable to be fet after the 
 
 proportion of Lands C ^ . 
 
 pound in fiock to be rated after 5 or d 
 
 pound a year in Land. , 1 
 
 ^ 71 . Note, That m fome fpecial cafes 
 
fer Ovtrfetrt of the Poor. jpp 
 
 a man may be rated beyond his ability, 
 as where one brings a charge upon a 
 Pariihi or under any pretence brings 
 in a man that may be chargeable in a 
 Parilh, he may, if there be caufe for 
 this, be raifed in his Rate to the full 
 value of his Eftate > and fo was the Opi- 
 nion of Sir Nicholas Hide. Valt. J. P. 
 Ch. 40. fo. 
 
 72) where the Inhabitants of any 
 Parifli are not able to relieve their 
 Poor.any two Juftices (^Hor. mm) may 
 tax other Pariftics and places within 
 the Hundred, yea, the whole Hundred, 
 if need require i and where that is not 
 fufBcienr, the JufHces in their Seffions 
 may tax the County in parr, or wholly 
 at their diferetion. 43 El. Ch. 2. fFitt- 
 gate’s Ahr. St at. lit. Poor People. 14 Car. 
 2. Ch. 12. 
 
 73* If any peribns find themlelves 
 agiEvcd in any Tax or other Ad done 
 by the Overfeers, or by the Juftices of 
 Peace, they are to be Relieved at the 
 Quarter Selfions. Valt. J. P. ch. 40. fo. 
 ?7. mngate’sAbr. St at. lit. Poor People. 
 
 74. The Father, Grandfather, Mo- 
 her. Grandmother, and Children of 
 every poor perfon, (hall be alTefted to- 
 K> 4 wards- 
 
2 OS Guide 
 
 wards their Relief, as the juaitfes of 
 the Peace in their Seflions of the Peace 
 in the County where fuch Father, &e. 
 dwells, {halUimit and appoint, in pain 
 to forfeit 20 r. a Month to the ufe of 
 the Poor, to be levyed by diHrefs and 
 fale as aforefaid, and for want of di- 
 llrefs to be committed to Prifon till the 
 Forfeiture be paid. 43 £/• Gh. 2. Whi- 
 gate’s Abr. Stat. "tit. Foor Feofle. Halt. 
 J.F.Ch. ^o. fo. 9S. 
 
 7 5. Head Officers in Cities and Cor- 
 porate Towns, and Aldermen of Lon- 
 don, have in their feveral Precinds like 
 Authority that Jufiices. of Peace have 
 in their Counties, and no other Jufiices 
 ofSPeace are to enter and intermeddle 
 there. IVingate’s Ahr, Stat. ‘Lit, Poor 
 
 People. 43E/.C&. 2. 
 
 yd. If any Parifh (hall extend 
 two Counties, or part thereof to lie in 
 any City or Corporate Town where 
 they have Juftices v Then the Juftices 
 of every County, &c. are to intermed- 
 dle only within their own limits i and 
 every of them refpedively within 
 their limits are to execute this Law 
 concerning the nomination of Over* 
 feers, binding of Apprentices, granting 
 
 Warrants 
 
J — 
 
 for Overfeers of the Poor. 201 
 Warrants to levy Taxations, taking 
 Accounts of Overfers , and commit- 
 ting fuch as refufe to account or to pay 
 their Arrearages i and yet the Over- 
 feers lhall without dividing themfelves, 
 execute their Office in all places within 
 the faid Parifh, but (hall give up Ac- 
 counts to the Juftices, or Head Officers 
 of both places. Wingate’s Abr. Stat. fit. 
 Poor People . 43 El. Ch. 2. Va[t. 'jl F. 
 Ch. 40. fo. py, pS. • 
 
 77 * Thefe Officers within four days 
 after the end of their year, (and that q- 
 ther Officers are nominated) are tq 
 yield up a true account to two Juftfi 
 ces (^or. muf) of rhefe things follow- 
 ing, I. What fums of Money they have 
 received or rated , and not received ? 
 2. What flock of Ware or Stuff is in 
 their hands, or in the hands of any of 
 the Poor? 5, What Apprentices they 
 have put out> and bound according to 
 the Statute? 4. What Poor they hav6 
 fct to work or. relieved ? 5. What Poor 
 they have fuffered to wander and beg 
 out of their Town , or in the High- 
 ways, or in their Town without their 
 diredfions ? 6 , Whether they naeet 
 
 monthly to conlidcr of the thingste- 
 K 5 iODging 
 
A Guide 
 
 iJngtng to their Office? 7 - Whether 
 they made their Rates indifferently upon 
 all men , according to their ability 
 8. Whether they have endeavoured to 
 gather and levy fuch AffelTments? 
 p. Whether they have negleifted the 
 Juftices Warrants to them, or any ot 
 them diredted for the levying of any 
 forfeiture according to the Stat. 43 El. 
 Ch. 2. T>alu J. P. Ch. 40. fo. 9 ^. 
 
 78. Now if the Churchwardens or 
 Overfeers, or any of them, (hall refuie 
 to make and yield a true and P«f«<^ 
 Account to the faid )uftices, of all (uch 
 money and of all fuch (lock as afore- 
 faid, any two Juftices {^or. unw) may 
 commit them to the Common Gaol, 
 there to remain without Bayl, till^they 
 have made a true account, and fatistied 
 and paid to the new Overfeers fo 
 much of the faid Sum or Stock, as upon 
 the faid Account (hall be remaining in 
 bis or their hands , &c. And if they 
 make a falfe account, they m^ be 
 bound over to the AfRtes or Seffions, 
 and there an Indi^mcnt may be pre- 
 ferted againii-them. Paft* 4®* 
 
 ^ np, Alfo if any of the Churchwar- 
 * dens 
 
for Overfetrs of the Fear. 203^ 
 dens or Overfeers (hall refufc, orde-- 
 ny to pay or deliver over to the new 
 Overfeers the Arrearages C Sums of 
 Money or Stock ) which fliall be in 
 their hands, and due and behind upon 
 their Account to be made as aforefaid, 
 and two fuch Juftices of Peace may 
 make their Warrant to the prefent or 
 fubfequent Churchwardens and 0 ?er- 
 feers, or any of them, to levy the fame 
 by dihrefs and fale of the Offenders 
 Goods, rendring to the Parties the O- 
 vcrplus j and in default of fuch Di- 
 lirefs , any two Juftices of the Peace 
 may commit him or them to the Gom- 
 mon Gaol j there to remain without 
 Bayl, until payment or delivery of the 
 faid Sum , Arrearages , and Stock be 
 made. 43 £/. Ch. 3. Palt. J. P, Ch. 40. 
 fo.p6. 
 
 80. If any fuch Stock (hall be in the 
 hands of any of the Poor to work, and- 
 fuch Poor (hall refufe to deliver the 
 fame, two fuch Juftices may make the 
 like Warrant, to levy the fameby di> 
 llrefs, and for lack tbeieof may commit 
 fuch Offenders to the Gaol as aforefaid. 
 Dalt, J, P. Ch, 40. fo, p6, 
 
 81; And for thefe aforefaid, and all 
 
 other. 
 
other Negligendes of the Churchwar- 
 dens and Overfeers, in the execution of 
 their Office, about the Poor, &c. tvety 
 of them for every default he makes for- ' 
 feitsao /. which Default rouft be proved 
 either by the Offenders own Confeffion, 
 or by Examination of Witneffes , and 
 it is to be levyed by the new Church- 
 wardens and Overfeers, or one ot them, 
 by Warrant from two juftices, as afore- 
 faid, by Diftrefs and Sale of the Offen- 
 ders Goods i and for want of Diftrefs, 
 two fuch Juftices may commit Offenders 
 to the Goal, there to remain without 
 Bail, till the faid Forfeitures ftiall be 
 paid i which faid Forfeitures are to be 
 imployed to the ufe of the Poor of the 
 fame Parifh. I>ah. J. F, Ch. 40. fa. py. 
 43 Eliz. Ch. 2. 
 
 Their duty in fuppreffirjg Converrti- 
 cles i See here /fl/. 34. 
 
 FINIS. 
 
G U i D E 
 
 FOR 
 
 SURVEYORS 
 
 O F 
 
 High-ways and Bridges. 
 
 CHAP. I. 
 
 Of the Cbaice of thefe Officer/, bom many 
 Sorts of mays there are, with fame fern 
 General Cafes concerning High-mays. 
 
 I. ^ ■' "'HESE Supctvifors or Sur- 
 J veyors of the High-ways 
 are Officers yearly chofen 
 by the Coniiabies and Churchwardens 
 of every Pariffi : and by the 14 Car. 2. 
 the Churchwardens, Conftablcs, or 
 Tythingmen of every Pariffi, Town or 
 Hamlet, for the time beingi are upon 
 
 Monday 
 
2q6 a Gmie for Surveynri 
 Monday or Tuefday in Eafler-week, 
 with the advice of the major part of 
 the Inhabitants to choofe two or more 
 fufficient Inhabitants of the Pariih, 
 Town, or Hamlet, to be Surveyors ot 
 the High- ways for the year following, 
 and they are to give notice thereof in 
 writing to the perfons cho^n next 
 Sunday after i and for default of fuch 
 choice, the Conftable, Churchwardens, 
 and Inhabitants of every Parilh, Town, 
 or Hamlet, fhall forfeit and loofe 5 /. 
 
 14 Car. 2,Ch. 6. .rtf 
 
 2. And after choice made or thele 
 Officers, as aforefaid, and notice given 
 them* they are forthwith to take the 
 Office upon them, on pain to forfeit 20 s. 
 2,3 P. M. Ch. 8. Wingate's Abr. St at. 
 lit. Higb-wsyf. 
 
 3. The Confiablcs and Churchwar- 
 dens are then alfo to appoint fix days 
 betwixt then and Midfummer, to be 
 fet apart for the amendment of the, 
 High-waysi and muft give publick no- 
 tice thereof in the Church the next 
 Sunday after Eajier. 5 E/.C&. 13 • ^3 
 P. M. Ch. 8. Wingate's Abr. Stat. lit. 
 Higb-ipayt, 
 
 4. Nofo, 
 
of High-nays and Bridges. 207 
 
 4. Note, That there are three kind 
 of ways, (to wit) hrft a Foot* way, cal- 
 led Iter gtiodeli jus eundi, vel ambulandi 
 bominis. Secondly, a Foot-way, and an 
 Horfe-way, called aQus ab agenda^ and 
 this vulgarly is called a Pack or Drift 
 way, and is both Foot-way and Horfe- 
 way. Thirdly, a Cart-way, &c. called 
 Via or Addim, (and this containcth the 
 other two, and a Cart way alfo ) for 
 this is juf eu»di,vehendi^& vehiculum & 
 jumtnium ducendi s and this is two- fold, 
 to wit. Via Regia, the Kings High- way 
 for all men, & eommunis Strata, belong- 
 ing to a City or Town, or between 
 Neighbours. Halt. J.P.Ch. 26. fo. 6j. 
 
 5. Note, That the Kings High- way 
 ( or Via Regia _) leading either to the 
 Market, or from Town to Town, the 
 Freehold and Soil thereof, and the inte- 
 reft of all Trees» and other fuch Pro- 
 fits thereupon growing, do belong to ' 
 the Lotd of the Soil, or the Lord of 
 the Manner, and therefore fuch Lords 
 are chargeable to cut down the Trees 
 and Buihes growing in fuch Highk- 
 ways ; and it is called the Kings High- 
 way, for that the King at all times hath 
 therein Palfage for Hitnfelf and his 
 
 People, 
 
2©8 
 
 A 
 
 Guide 
 
 for Surveyors 
 
 PeopIe» and may punifh all Nufances 
 therein, though otherwife the Intereft 
 be in the Lord to bring his Adtion for 
 digging therein, or other like Trefpafs 
 there done. P« Ch. 26. fb, 68. 
 
 and fee Koh Cafes, i. Tart. fo. ^92. 
 
 2 £. 4. p. 8 E. 4. 9 > 17 E. 3. /«. 43 * 
 
 Bro. Chemine, jo, 11. & Leet. 3. 27 H. 
 %U.'j.fo. 5. , , ^ 
 
 6. Generally the owner of the Soil 
 
 on both Tides of the way (hall have the 
 Trees growing in the way : But the 
 Lord of a Rape , within which there 
 are Ten Mannors , may preferibe to 
 have all the Trees growing within any 
 High-way within fuch Rape, although 
 the Mannor or Soil adjoyning belong 
 to another perfon, for the ufage and 
 taking of the Trees is a good badge of 
 Ownerfhip. P. 1 1- B-P- between Sit 
 'iho. Telham^ & & Blake, KoVs Ca- 
 
 fes. I. Tart. fo. 3JJ2. 
 
 7. Where any perfon fliall inclofe 
 any part of the High-way, luch perfon 
 fhall be charged to amend the High- 
 way next adjoyning to the faid Inclo- 
 fure. And if one man have inclofed on 
 one fide, and another man on the other 
 fide> they Iball be both charged to mend 
 
of High-n>ayf and Bridges. 2cp 
 the fame way. Valt. J. P. Ch. 26. fo. 6^. 
 and fee 7r. lo.Car. i. B. K. Sir Edward 
 DmcomFs Cafe, Cro. 3 . Part. Rep, & 6 
 Jac. & I p Jac. fo Refolvcd. Rolls Cafes 
 
 1. Part. fo. 3po. 
 
 8. But otherwife generally High- 
 ways mud be fufhciently amended at 
 the charge of the whole Town : And it 
 is not enough for the Inhabitants to do 
 their full Six days work yearly j except 
 their ways be all well and fufficiehtly 
 repaired thereby j For if all their faid 
 ways be not fufiiciently amended, the 
 whole Town may be Indifted there- 
 fore : and if Six days work in the year 
 will not ferve to amend them, the Sur- 
 veyors may, yea, muft appoint more 
 days. Valt.J. P.Ch. 26. fo. dp, i-fCdr. 
 
 2. Cb, d. 
 
 p. The owner of Lands, if he be 
 not the occupier thereof, ought not to 
 be charged towards the repair of the 
 common High-ways > but the Tenant 
 who occupies the Lands is to be charg- 
 ed. Hill. II. Car. 1. Br. in one Fojier’s 
 Cafe» per Curiam. Rolls Cafes, i. Part, 
 fo. 3po. 
 
 CHAP. 
 
^10 A Guide for Surveyort 
 
 C H A P. II. 
 
 “^he Duty of the Surveyors about Setting 
 and Calling the Farijhionersto the Com- 
 mon days rrorkr for the Higb-n>ays^and t 
 
 about taking and digging for Gravely 
 Cbal\^ Sandy 8cc. See fol, 58, 5 P* 
 
 the days appointed , and that accor- 
 ding to thcfe Rales following, viz^ E- 
 very perfon having in his own Occu- 
 pation a Plough Land in Tillage or in 
 Pafture in the fame Pariih, or keeping 
 there a Plough or Draught, (hall find 
 
 and fend on every day to the place ap- 
 pointed by the Surveyors, one Waiii 
 or Cart provided, after the fafhion of 
 the Country, with Oxen, &c. fit for the 
 carriage, and with necelfary Tools fit 
 for the work, and with two able 
 who are there to do fuch work with 
 their Wains, &c. as they (hall be ap- 
 pointed (by the Surveyors) by the fpace 
 of eight hours every of the faid (ix 
 days, on pain of 10 s. every day default 
 
 is made, 2 , 4 P* hdtCb. 8« KaJiaU, ^99' 
 
of High~n>ayf and Bridges. 2i i 
 Lamb. 45p. ff^ingate’s Abr. St at. 'Tit: 
 High-reayS) Valt. J. P. Ch. 26 . fo. <58. 
 
 ir. And every other Houfholder, 
 Cottager, and Labourer of the Pari(h, 
 Town, &c. C able to labour, and being 
 no hired Servant by the year ) muft by 
 himfelf, or fotne other able man, be 
 then and there ready to work every of 
 the faid fix days, by the fpace of eight 
 hours, as aforefaid, where they (hall be 
 appointed by the Surveyors, under pain 
 fo forfeit i 2 d. for every day they make 
 Default. 2, 3 ?. M. Ch. 8. 
 
 12. Note , That all perfons being 
 chargeable but as Cottagers by the 2, & 
 3 P. M. yet if they be in Subfidy 5" /• 
 in Goods, or 40 ihillings in Lan<is, ox 
 above, they muft find two able men to 
 work every of the faid fix days. 18 El. 
 Ch. p. Wingate's Abr. Stat. Tit. High- 
 vpays. T)alt, J.P> Ch. 26 . fo. d8. 
 
 12. If any of the Carriages thall not 
 be thought needful by the- faid Survey- 
 ors upon any of the faid days , they 
 may appoint infiead of a Team, two- 
 able men to work, as aforefaid, who, 
 (hall not fail in pain that the party 
 that (hould fend them lhall forfeit 1 2 
 pence for every day that either of 
 
 them 
 
212 A Guide for Survey on 
 them make default* Wingate's Abr. 
 Stat. fit. High-roays. 2, 3 P. M. Ch.o. 
 T>alt. J. P. Ch. 25 . fo. 58 . 
 
 13. He that fhall occupy a Plow-land 
 in Tillage or Failure, lying in feveral 
 Parifhes, (hall be chargeable only in the 
 Pariih where he dwelleth > and he that 
 eccupieth feveral Plow- lands in feveral 
 Pariihes, ihall be charged in each To wn 
 or Pariih where fuch Land lyeth ( to 
 wit) to find in each Town or Pariih 
 one Cart furniihed as aforefaid, though 
 he be no Inhabitant there. 18 El.Ch.p, 
 Dalt. J. P.Ch.ie.fo. 58 . 
 
 1 4. Now for the further opening of 
 thefe things, note, That it is faid that a 
 Plow-land is not of any certain con- 
 tent, but ordinarily it is fo much as 
 one Plough may Plough in one year, 
 which in feme Countries is more, and 
 in fome left, according to the heavi- 
 nefs of the Soil. Co. p. Kep. fo. 124. 0. 
 on Lit. fo. 6p.- & vide Lamb, ver . Hide. 
 
 H. 6. fo. 2p. 
 
 15. And note. That a Plow-land or 
 Carve of Land may contain Houfe, 
 Meadow, Failure, and Wood : And if 
 one have fo much of this as will keep 
 a Plough and yield Tillage for it, if 
 
 part 
 
ef High- ways and Bridges . — ^213 
 
 part of it were eared in this cafe, it 
 feems he is to fend his Plough. Vide Co. 
 4. Lih. Kep. fo. 37. b. & $. Kep.fo. 122. 
 
 16. He that hath a Plough Land, 
 and no Plough , but doth iuffer his 
 Land to lie frelh, yet he is to find a 
 Plough for this work j and" (o it hath 
 been agreed by the Judges. Mich. 21. 
 Jac. Dalt. J. P. Cb. 26. fo. 72. 
 
 17. He that kcepeth a Plough or 
 Draught for carriage, although he oc- 
 cupieth little or no Land, but carrieth 
 or plougheth for other men,yct it feems 
 he is to fend his Cart to the High- 
 ways i and if a man keep only two 
 Horfes and a Cart for his own bufinefs, 
 in this cafe it feems he is to come with 
 his Cart and two Horfes with a man to‘ 
 manage them. Vide Valt. J. P. Cb. 26. 
 fo. 72. 
 
 18. It is held by feme, that fomany 
 Ploughs or Draughts men have, and 
 ufe frequently about their own bud* 
 neft in Summer, fo many they are to 
 bring with them to the High-ways j fo 
 that if a man have one Plough and five 
 or fix Horfes, and (hall plough feven 
 or eight fcore Acres of Land, and (hall 
 ufually go in the Summer time with 
 
 two 
 
a 1 4 "a Guide for Surveyors 
 two Carts or Draughts > in this cafe* 
 it feems he is to come with two Carts 
 i’or Draughts to this Service : And he 
 that occupieth 40 or 50 Acres of Land , 
 and keepeth only three Horfes , and 
 one Draught or Cart, he is to come 
 with one Draught or Cart. Vide Valt. 
 y.P.Cfc. 2d. /o. 72. 
 
 to. Note,That an Indi<ament by the 
 
 Common Law may be brought againft 
 any ParHh , for not repairing their 
 High-ways, and fo they are bound to 
 make them good at their peril, and it 
 Six days will not ferve, the Surveyors 
 may appoint more, and charge all per- 
 fons within their limits who are charge- 
 able by Law to come to the work > and 
 if he who is to fend a Team negle^, 
 he forfeits 10 r. and the labourer that 
 ' negleds to come, forfeits 18 d for eve- 
 ry day •. but then by 14 Car. 2. Ch. 6. 
 the Surveyors are to pay them for their 
 work for all the days above fix days, 
 according to the Rates of the Country i 
 and if they cannot agree, the next ]i> 
 iVtce of Peace living out of the Panin 
 is to determine the bufinefs between 
 them. i\Car.2.Ch.6. , r 
 
 20. Thefe Officers may, if they fee 
 
sf Higb-ways and Bridget, 215 
 
 caufe, for the amendment of the High- 
 ways, take and carry away fo much of 
 the RubbUh, and fmallefi broken fiones 
 already digged > of any mans Quarry 
 lying within the fame Pariih without 
 leave of the owner, as they (hall think 
 needful, or gather the loofe (tones 
 lying difperfed in any mans grounds > 
 But they may not without Licenfe dig 
 in any mans Quarry for new Stones, 
 nor take the great Stones already dig- 
 ged t and if there be no fuch Rubbifli 
 to be found in any mans Quarry with- 
 in the faid Parifti, then may they enter 
 into any mans feveral ground within 
 the Pariih, lying near the place where 
 the ways are decayed, and there fif they 
 fee any hopes of finding materials fit 
 for the Reparation thereof^ without 
 leave of the owner, they may dig for 
 Sand, Stones, Gravel, &c, fo that it be 
 not in the Houfes, Gardens, Orchards, 
 or Meadows of any man i for they are 
 not come there without Licence of 
 the owner > and in fuch place where 
 they may dig without leave, they are 
 not to make a pit above ten yards in 
 breadth or length , and they arc to 
 take care that the place be filled up a- 
 
2 1 § A Guide for Surveyors 
 gain at the charge of the Pariih within 
 one month after, upon pain to forfeit 
 'five marks to the owner of the ground 
 to be recovered by Adion of Debt> and 
 
 this is by the 5 *3- 
 
 2 1. The fame power alfo is granted 
 to Surveyors by the 14 C</r. 2. Ch. 6, to 
 dig for Gravel, Chalk, Sand, Stones, 
 &c. in any mans ground in the Parilh 
 next adjoyning to the place where the 
 ways are in decay, if there be not fuf- 
 ficient in the fame Parifh > Provided it 
 be not in the Hon^e, Garden, Orchard, 
 Court, Yard, Park with Deer in it, or 
 in the Meadow of fuch party •, and this 
 they may do without paying any thing 
 for the fame Sand, Gravel, &c. only 
 Damages to the party for the carriage 
 of the fame over his Grafs, &c. and 
 the pits and holes are to be filled up in 
 fuch manner, and under fuch penalties 
 as are prefcribed in the 5 E/. in the Se- 
 dion, next before (hewed. 14 Car. 2. 
 Ch. 6. 
 
 CHAP. 
 
CHAP. m. 
 
 "the Surveysrf T^uty about cutting dotptt 
 Bujhes, 'trees y and Scouring of Ditches 
 in the High-ways j and alfo touching 
 Trefentments and Inquiries about Ve~ 
 faults, faffing of Accounts^ travelling 
 of W tggonSy Waynst &c. 
 
 22. TF the owners of the Grounds 
 1 . next adjoyning to the High.- 
 ways do not keep their Hedges low, 
 and cut down their Trees and Bulhcs 
 growing in the fame ways, they forfeit 
 ten (hillings. Tf^ingati^sr Abr. Stat. tit. 
 High-ways. ^El.Ch, i^. 8 El. Ch.io. 
 
 23. And he that fcowrs not his 
 Ditches in the ground next adjoyning 
 to the Ground that is next the High- 
 way, to the end the water iflay-havfe 
 the better palTage out of the High- 
 way, (hall forfeit 12 pence (or every Rod 
 fo left unfeowred. 18 £. Ch. 10. Win- 
 gate ut fupra. 
 
 24. If an,y fcowr his Ditch by the 
 High- way fide, and thrbw the fcow- 
 ring thereof into the High-way, and 
 fulfer it to lie there fix months, he for- 
 
 L feits 
 
2iS Guide for Surveyors " 
 
 felts for every lo?d thereof 12 pence i 
 and the Surveyors are to make Sluces 
 where fuch banks have been heretofore 
 made, for carrying away the water out 
 of the Highrway. iS El.Ch. 10. 
 
 25. Every Surveyor may caufe any 
 Water-courfe, or Spring of Water be- 
 ing in the High-way , within their 
 Parifh ) to be turned, into another mans 
 feveral Ditch or Ground next ad joy n- 
 ing to the (aid way, in fuch manner as 
 by the diicret ion of the faid Surveyor 
 (hall be thought meet. Valt, J. P. Ch. 
 
 26. fo.»yo, 
 
 26. Note, That the Forfeitures of 
 the A<^ of the 18 Eh 10. muft be levy- 
 cd by the Surveyors for the time being, 
 C by Warrant (rom the Juftices before 
 whom the party (hall be convi^) by 
 Diftrefs and Sale of Goods i which 
 forfeitures are to be employed towards 
 the amendment of the High-ways > and 
 if the Surveyors negledl to do it with- 
 in one year after the offence commit- 
 ted, then the Conftables and Church- 
 wardens by like Warrant may do it. 
 
 lOf^Wingate's Ahr. Stau fit., 
 
 E^b-fpayu 
 
 27. The 
 
of Higb-xvayt and Bridge/, aij 
 27. The Surveyors or one of them 
 ate to prefent to the next Juftice of 
 Peace every default upon the 2, & 3 P, 
 & M. Ch. 8. & 5 El. Cb. 13. within 
 one month after it ihall be made, in 
 pain of 40 /. and the Juftice is in pain 
 of 5 /. to certifie the fame at the next 
 Quarter Seffions , where the Juftices 
 have power to inquire of the Default, 
 and (hall fet fuch Fine upon the Delin- 
 quents, as they or two of them ( ^or. 
 unus) ihall think fit. 5 El. Ch. 13. Valt. 
 J, P.Ch. 16, fo. 70. 
 
 28. Note, That the Prefentment of 
 a Juftice of Peace in Seffions, upon his 
 own knowledg, ihall be a good Con- 
 vidion> whereupon the Juftices in Sef- 
 fions, or any two of them ( Q^>'» ttum) 
 may aiTefs a Fine , as well aS' upon a 
 verdieft of Twelve men > but in this 
 cafe the Delinquent ihall be admitted to 
 his Traverfe as in other cafes, 5 El.Ch. 
 13. vide RaliaV, 
 
 2p. The Defaults and Offences upon 
 thefe Stat. 2, 3 F. M. 5 £/. & 18, 
 
 Eliz. are inquirable by the Juftices of 
 Peace in their Seffions, or by Stewards 
 in Leets, either of which have power 
 to fet Fines upon Offenders at their 
 L 2 ffif- 
 
220 
 
 A 
 
 Cufde 
 
 for Surveyors 
 
 cUfcretions j of which Fines IndenPed 
 Eftrcats ( in the Seffions under the Hand 
 and Seal of the Clerk of the Peace, in 
 the Leet under the Hand and Seal of 
 the Steward ) (hall be delivered within 
 fix weeks after Michaelmas^ one part 
 of the Eftreate to the Bayliff or High- 
 Conftable of the Liberty, and the other 
 part to the Conftables and Church- 
 wardens of the Pariih where the Of- 
 
 ' fenders live. 2, 3 P. M. Ch. 8. 5 E/. 
 Ch. 13.^ 18. Wingate's Ahr. St at. ‘lit. 
 High-ways. 
 
 30. And thefe Eftreatcs (hall be a 
 fofficient Warrant for the Bayliff or 
 Chief Conftable of the Liberty to levy 
 the faid offences by way of Diftrefs j 
 and if no Diftrefs can be found, or the 
 party do no not pay the fine within 20 
 days after lawful demand therereof, he 
 or they (hall forfeit double fo much i all 
 which Fines and Forfeitures are to be 
 Jmployed and beftowed towards the 
 amendcHent of the High-ways in the 
 Parifh where the offences are commit- 
 
 ted. Wingate's ' Abr. Stat. Tit. High- 
 waysy 2, 3 P. Af. Ch. 8. 
 
 31. The Bayliff, or High Conftable, 
 ihall yearly betwixt the firft of March 
 
 and 
 
of High-ways and Bridges. 
 and laft of Afril^ rendfer an Account 
 unto the Coniiables and Church-war- 
 dens, who have the other parts of the 
 Eftreats of the Fines, of what money 
 they have received, in pain of 40 fliit- 
 lings i and the faid Confta'oles and 
 Churchwardens have power to call the 
 Bayliff or High-Conilable before two 
 or more Juftices of the Peace ( ^or. 
 Mnus ) to pafs his Account, who have 
 power to commit him, until he have 
 iatisfied all the Arrearages by him re* 
 ceived, lave 8 d. in the pound for his 
 own Fee, and 12 d. in the pound for 
 the Clerk of the Peace, or Steward of 
 the Leet, and in this cafe the fucceed’- 
 ing Coniiables and Churchwardens have 
 the fame power as their PtcdccelTors 
 had. 2, 3 P.M. Cl». 8. 
 
 32. Two Juftices of the Peace by the 
 Star. i8 E/. may take Accounts of the 
 Surveyors of the ways, and of the petty 
 Coniiables and Churchwardens, for fuch 
 Forfeitures ( within that Statute ) as 
 they have Levyed. '18 El.Cb. 10. Valt. 
 J. P. Cb. 26. fo. j I, 
 
 33. By the 14 Car. 2. Ch 6% Every 
 perfon eleded a Surveyor of the High- 
 ways, lhall within one month after his 
 
 L 3 year 
 
aaa A Gnide for Surveyors 
 yearly expired yield up to the Inhabi'- 
 tants of the Pariih Town, or Hamlet, 
 •t fome publick meeting appointed by 
 the Inhabitants, a perfedi; Account of 
 all monies he hath received and paid 
 within the year, by reafon of his faid 
 Office, and of whom, what fum, and to 
 whom he paid the fame, what monies 
 are in Arrear for Fine, Forfeitures, 
 Penalties, &c. And if any overplus be 
 in his hands, he (hall turn the fame to 
 the next Surveyor for the ufe of the 
 Pariih, Town, or Hamlet, to be diC- 
 Inarfed ia and about the High-ways the 
 year following. And if the Surveyor 
 fhall not make fuch Account and Pay- 
 ment, then two Juftices near the Pariffi 
 upon complaint may examine the bufi- 
 nefs upon Oath, and upon default 
 found in the Surveyor, they may com- 
 mit him to the Goal of the County, 
 City, &c. there to remain till he have 
 made a true Account and Payment. 
 14 Car. 2. Ch, 6 . 
 
 34. All Juftices of Affife, Oyer and 
 Terminer, and Juftices of Peace are im- 
 powred to hear and determine all mat- 
 ters concerning Charitable Gifts , for 
 the amending and keeping in Repair 
 
 any 
 
'V^ - 
 
 of Htgh~way/ and Bridges. 225 
 any common High-ways, Pavements, 
 Streets, &e. within their CommilTion, 
 and to make Orders for the due Im- 
 pioyment of fuch Gifts ( except the 
 Gift be made to the ufe of any Col- 
 ledge, Hall, Free-School, or Hofpital, 
 who have proper Vifitors of their own ) 
 and to determine all offences j and de- 
 feds in Surveyors concerning the fame » 
 and in ca^e any perfon be agrieved by 
 fuch order, he may appeal to the Court 
 of Chancery, as in cafe of a Decree 
 made upon the Statute of Charitable 
 Vfes. i£f Car. 2. Ch. 6 . 
 
 35, No Travelling Wain, Wagon, 
 Cart, or Carriage, wlierein any Goods, 
 Burthens, or Wares (hall be carried or 
 drawn for hire ( other than fuch Carts 
 and Carriages as are imployed about 
 Husbandry, and managing of Lands, 
 and in carrying of Hay, Srraw, Corn 
 unthrelhed. Coal, Chalk, Timber for 
 Shipping » Materials for Building , 
 Stones of all forts, or fuch Ammuni- 
 tion or Artillery as (hall be for his 
 Majefties Service ) fhall at any one 
 time Travel, be drawn, or go in any 
 publick or common High-way with 
 above 7 Horfe Bealls, whereof fix (hall 
 L 4 draw 
 
 
224 ^ Guide for Surveyors 
 
 draw in pairs, nor with a bone 8 Oxen, 
 car fix Oxen and two Horfes i nor (hall 
 at any time carry above 2000 weight 
 between the firft of OSoher and the firft 
 cf May, ( except fuch particulars as a- 
 bovefaid ) nor above 3000 weight be- 
 tween the firft of May and the firft of 
 OCiober \ nor above five quarters of 
 Wheat, Meal, Mefline , Rye , Peafe, 
 Beans, Tares, nor above eight quarters 
 of Barly, Malt, or Oats j nor fliall any 
 Wagon, Wain, or Carriage, be imploy- 
 ed for the laid ufes, the wheels whereof 
 are leis in breadth than four inches in 
 the tyre, upon pain every owner of fuch 
 Waggon, Wain, or Carriage, Horfe, 
 Beads, or Oxen, (hall for every of the 
 faid offences forfeit 40 (hillings, to be 
 divided into three equal parts, one to 
 the Surveyors of the High-ways where 
 any of the offences (hall be committed 
 towards the repair of the High-ways 
 of the Pariih there, one other part to 
 the Overfeers of the Poor of the Pariih 
 where the offence is committed for the 
 Relief of the Poor there, and one 0- 
 ther part to him that (hall difeover and 
 profecute for every of the faid offencesi 
 The penalties tt) be levyed by Diftrefs 
 
 of 
 
of High-way f and Bridges. ^25 
 
 of all or any the Horfe, Bealls or Oxen, 
 and to be dillributed as aforefaid, by 
 the Conflables, Surveyors of the High- 
 ways- and Overfcers of the Poor '■> and in 
 cafe the penalties be not paid within 
 three days after Dillrefsi then the fame 
 to be fold, rendring the overplus, the 
 charges of keeping and felling firli de- 
 du(Sed. 14 Car. 2. Ch. 6 . 
 
 ^ 6 , Note, There are feveral Statutes 
 which concern particular High-wayS| 
 in which thefe Surveyors are little con- 
 cerned v I fl^all therefore Only name ■ 
 the Statutes, and they who defire to be 
 further informed therein, may look the 
 Statutes at large. 
 
 37. Star. 3p El.Ch. ip. for Repair- 
 ing the High-ways in the Wild of S»J^ 
 fix , Surrey, and Kent^ uled for Iron 
 Works, Stat. 37- H. B. 3. For Huft- 
 tington Lane near to Chklie^f Stdt. 14 
 H.‘S. Ch. 6 . & For lay- 
 
 ing out pew High ways in the Wild of 
 Kent or Sufex, Stat. i M. Par. 2. Ch. 5’. 
 For the Cawfey between Dorchejier and 
 Sberbnrn, Stat.. 1 8 ii^Chi 10. about the 
 Kings Ferry in-^Kfxt. 
 
 L 5 CHAE- 
 
22 5 A Guide for Survey art 
 
 CHAP. IV. 
 
 Some Heads of the Stat. 14 Car. 2. Ch. 
 2. concerning the Ways^ Server Pave- 
 ments, &c. in London, and the Sca- 
 vengers Office. 
 
 38. rjO R the inlargement of the 
 r High-ways, Streets, Pavements, 
 Gutters and Sewers In and about Lon- 
 don > thefe things are to be known, that 
 there are Commillioners to be appoin- 
 ted under the Kings Great Seal ^ any 
 Five or more of which Commiflioners 
 may dire<if and order the pulling down 
 and removing of Nuiances and Incroach- 
 ments, and the inlargingi altering,new- 
 making or cleanfing of Vaults, Sinks, 
 and Common Sewers, and may inlarge 
 or flraiten the palfages as they fee 
 caufe, according to the Limitations 
 laid down in the faid A&. 14 Car. 2. 
 Ch. 2. 
 
 3p. For the railing of money for the 
 Commiffioners to e£Fe<3: their work 
 with, they are to licence 400 Hackyy 
 Coaches and no more, every of which 
 is to pay five pound per annum to the 
 
 Com- 
 
of High-ways and Bridges 227 
 Commiffioners, and every load of Hay 
 is to pay lix pence, and every Cart load 
 of Straw two pence every time they 
 Hand upon the new paved Streets a- 
 bout the Mews, &c. mentioned in the 
 Ad-, to the Commitlioners or to fuch 
 as they (hall appoint. 1 4 Car. 2. 
 
 40. The Commillioners aifo are tt) 
 order and dired the Scavengers, and 
 fuch like Officers and othdrs> for the 
 carrying away of Filth and Dirt in the 
 Streets, > and every Houfeholder in 
 L9ndotty}reiiminjier,B\irTO\i^h d( Sotetih- 
 wark^y and places adjacent, arc to fwcep 
 and cleanfe the Streets, Lanes, Allies, 
 and publick places, before their houfes, 
 twice every week ( to wit ) Wedncf- 
 days and Saturdays, and make it ready 
 for the the Scavenger to carry away, on 
 pain pf ^ r. 4 d for every negled. 14 
 Car* 2 # 2 * * ■ 
 
 41, And no perfon wbatfpever,upon 
 pain of five (hillings, is to throw any 
 Filth, Dirt, A'fhes, or noyfom thing in- 
 to the Streets, Lanes, Allies, or again ft 
 the Walls of any Church or Church- 
 yard, or other Houfes, nor throw the 
 fame into any Vault or Sink i but they 
 are to keep the fame in their Houfes, 
 
 until 
 
228 A Guide for Surveyors 
 until the Scavenger come, and then 
 they are to carry it out to him, or o- 
 therwile put it in his Cart, upon pain 
 to forfeit for every offence twenty (hil- 
 lings. i 4 fCar. 2 . Ch.2. 
 
 42. None are to hoop , wafli, or 
 cleanfe any Pipe , Barrels , or other 
 Casks or Veffels, in any of the Streets, 
 Lanest or Paffages aforefaid, nor fet out 
 any empty Coaches to make or mend, 
 or rough Timber or Stones to be fawn 
 or wrought in the Streets, on pain of 
 twenty (hillings for every offence > and 
 every Hou(hoIder is to repair and keep 
 paved the Streets, Lanes, &c. before 
 his Houle unto the Channel or middle 
 of the fame Street, upon pain of twen- 
 ty (hillings for every Rod , and after 
 that proportion for a le(s quantity for 
 every Default i and twenty (hillings 
 fer week for every week after till it (hall 
 be well paved and amended i fuch 
 Streets as have been otherwife repaired 
 are to keep their old cudom > and every 
 Houlholder alfo, whofe Houle adjoyns 
 next the Street, is to hang out his Light 
 from Micbaelntiis till Lady-doy , from 
 fuch time as it begins to grow dark, till 
 nine of the clock in the Evening, upon 
 
 pain 
 
43- Every Juftice of- either Bench, 
 Barons of the Exchequer, or Juftices 
 of Peace in the places aforefaid, within 
 their feveral Limits, may upon their 
 own knowledg, or view, confeffion of 
 the Party , or proof of one Witnefs 
 upon Oath convidf any perfon, &c. of 
 the offences aforefaid , whereby they 
 fhall incur the penalties aforefaid, one 
 moiety to the repairing and cleanfing 
 of the Street, &c. the other to the DiC-. 
 coverer i but in cafe the Juftice himfelf 
 convidf the party upon knowledg or 
 view of himfelf, then all the penalty is 
 to be imployed for the repairing of 
 the Street or place where the offender 
 lives : And thefe Forfeitures are to be 
 levyed by Diftrels and Sale of the Of- 
 fenders Goods by Warrant under the 
 Hand and Seal of any fuch Juftice, &c. 
 rendring the Overplus to the party, 
 and for Default of Diftrefs or Non- 
 payment within fix days after demand, 
 or notice in writing left at the Offen- 
 ders dv/elling houfe by the Conftable 
 or other Officer , the Offender C not 
 being a Peer of the Realm ) may by 
 
 filch 
 
r 
 
 230 A Guide for Survey or t 
 
 fuch Juftice be committed to the Com- 
 mon Goal, there to remain till pay- 
 ment. 14 Car. 2. Ch. 2. 
 
 44, W ithin and the Liberties 
 
 thereof, the Scavengers, Rakers, and 
 fuch like Officers are to beeledfed, and 
 fuch Payments made by the Parifliio- 
 ners.to thegi, for clean fing the Str’eets, 
 as hath been ufed by cuftom j and in 
 Welimiulier alfo they are to obferve 
 their Cuftoms for Eledfion and Pay- 
 ments as aforefaid, and in all other 
 Parifhes and places upon every Tuef- 
 day or Wednefday in Eajhr-week, the 
 Conilables, Churchwardens, and Over- 
 feersofthe Poor, and Surveyors of the 
 High- ways of every Pariffi aforefaid, 
 ■giving notice or calling together the 
 Inhabitants of the Pariffi that have 
 born fuch Office, they, or the greater 
 number of them ffiall appoint two 
 Tradefmen of their Pariffies to be Sca- 
 vengers for the Streets, &e. of each 
 Ward for that year following i which 
 perfons being appointed and confirm- 
 ed under the hands of two Juftices of 
 Peace, within their Limits, &c. are 
 within feven days after to take the Of- 
 fice upon them , on pain of twenty 
 
 pounds 
 
ef High-ways and Bridges. 231 
 pounds upon every Refufer i and it af- 
 ter this others be chofen, and rcfufe as 
 aforefaid, they are to fuffer the like 
 penalty : which penalties are to go to- 
 wards the repairing of the Streets of 
 the Pariih where, &c. to be levyed by 
 Diftrefs and Sale of the Offenders 
 Goods, by Warrant from any Juftice 
 of Peace within the limiiSj-e^e. directed 
 to the Conftables, or other Officers, or 
 any two of them, rendring the over- 
 plus to the owners j and (or want of 
 Diftrefs or Non-payment fix days after 
 demand, the offenders to be committed 
 by any fuch Jullice to the Common 
 Gaol, there to remain till payment. 14 
 Car. 2, Ch. 2. 
 
 45. Within twenty days after Ele- 
 <£iion and Confirmation as aforefaid, 
 the Conftables and other Officers and 
 Inhabitants as aforefaid, or the greater 
 number of them, (hall fet a Rate accor- 
 ding to the pound Rate, to be impofcd 
 upon the Inhabitants of the Parifii, 
 Ward, &c. for the year following, 
 which being allowed and confirmed by 
 two ]uftices of the : peace of the place 
 aforefaid, refpedively, fhatl be yearly 
 paid by every Inhabitant, upon demand 
 
 thereof, 
 
thereof by the Beadle of the Parifli, or 
 other Officer appointed to colled the 
 fame, and in cafe of refufal, two fuch 
 Jufticesmay grant their Warrant to levy 
 the fame by Diftrefs and Sale > and for 
 want of Dirtrefs, to imprifon the Of- 
 fender as aforefaid, ( not being a Peer 
 of the Realm ) till payment be made. 
 1 5 Car. 2. Ch, 2. 
 
 \6. The Rakers and Scavengers eve- 
 ry day in the week (except Sundays and 
 Holy-days) mull bring Carts, Dung- 
 pots, or other fitting Carriages, into the 
 Streets within their refpedive Wards, 
 Pariffies, and Divifions, where fuch 
 Carts, &:C. can pafs i and at and before 
 their approach by a Bell Clapper, or o- 
 therwife, fliall make a loud noife, and 
 give notice of their coming j and fo in- 
 to every Court, where Carts cannot 
 paft, and abide and fiay there a conve- 
 nient time, that 9II perfoiis concerned 
 
 AffieSi ^*7 to the faid Caj^ts, all which 
 the fa id Rakers and .Scavengers fliall 
 carry away,oti .paifr of 40. fliillings for 
 
of High-ways and Bridges. 2 J 3 
 C H A P. V. 
 
 Some T articular s gathered out of the AUs^ 
 15 Car. 2. Ch. I. & 16 1-7 Cit. 2. 
 Ch. 10. about the B.epair of the High- 
 ways in the Northern-Bof-'^oad from 
 London to York, &c. 
 
 Aj. XT Or the amendment of the and- 
 JT ent High- way and Port- road 
 leading from Londen, (for many miles in 
 the County o( Hertford, Cambridge, znd 
 Huntington ) to Tork-, and fo into-fco#- 
 land, and likewife from London into 
 Lincoftijhire, and from the City of Nor- 
 wich, St. Edmunds-Bury, and the Town 
 efCambride to London v and from L««- 
 don to Newmark^t,ind fo intoNorfbll^nd 
 Suffolk, beginning at Fuckidge in Hert- 
 frrdjhire^ and fo to Barley in the fame 
 County, it is provided, as followeth : 
 48. The Jnftices of Peace at their 
 Eaiier Seffions yearly , for- the refpe-, 
 (ftive Counties aforefaid, from time to 
 
 time are to nominate and appoint nine, 
 fufficient able perfons, refiding and in- 
 habiting within the faid feveral Coun- 
 ties, to be Surveyors of the fei^ral 
 
234 ^ Guide for Surveytrt 
 
 places in the ways aforefaid, for the 
 year then next following, the Jufticcs 
 for the County of Hertford , to ap- 
 point the i^uryeyors for the High- 
 way, lying in the feveral Towns' and 
 Pariihes within the faid County, and 
 Jufticfs for the Counties of Cambridge 
 and Huntington refpeftively to do the 
 likei and the Juftices and thefe Of- 
 ficers are not to meddle out of their 
 refpedive Counties: After the 'choice 
 of the Surveyors, the Juftices are to 
 give them notice in writing, and if 
 they negle(3: or refufe the Office, the 
 Jnftices at their Seffions may fet any 
 Fine under lo pounds upon every fuch 
 perfon fo refuHng or negle(3:ing i and 
 in cafe any one fo chofen (hall die, or 
 ftiall be difchargcd of his Office, then 
 any two or more Juftices of the Coun- 
 ty, near to the High-way and places, 
 may appoint fome other fit perfon in 
 his place, and give him notice thereof 
 under their Hands and Seals i and if he 
 refufe or negled it, then to be under 
 the fame penalty as the Refufers of 
 them that were firft eleded. i ■; Car, 2 . 
 CL I. ^ 
 
 4P« The Surveyors within a week af- 
 ter 
 
of Wgh-roiys and Bridges. 2J5 
 fcr notice given them of their choice, 
 having no lawful impediment to be al- 
 lowed by the Juftices that do choofe 
 them , are to meet in each of their 
 Counties refpe<aively, in fome conyc- 
 nient place of each County appomted 
 by the iuftices at their Quarter Seffions, 
 to view and furvey the fame ways, and 
 to confider what Reparations (hall be 
 needful, and they are in each County to 
 provide Stones, Gravel, and other ma- 
 terials and neceflaries for the work, i5 
 
 A^d three of thefc Surveyors for 
 each County, being met together as a- 
 forefaid, with the approbation of two 
 or more Juflices of the County living 
 near to the High-ways or places a- 
 forefaid , may appoint a Receiver or 
 Colleaor of Toll, and fuch other Of- 
 ficers as they (hall find neceffary to 
 carry on their work, for which a mo- 
 derate allowance is to be given. 15 Car. 
 
 2. Ch. I. f_ c 
 
 SI. Any three or more of the bur- 
 
 veyors are to appoint and require all 
 the Inhabitants within three miles o 
 the places aforefaid , and m t 
 fame County that are by the former 
 
33^ A Guide for Surveyors 
 Laws of P. & M. and Queen ‘Elizabeth 
 chargeable to find Wain > Team , or 
 Cart for the amending of the High- 
 ways; and other perfons chargeable in 
 perfon only, to labour herein for three 
 days in a week, fo that it be not in 
 Seed-time > Hay, or Corn-harvcft» to 
 come or fend their Wains, Carts, or 
 Teams provided, as by Law they ought 
 to do , for repair of the High-ways i 
 and when they are come , to appoint 
 them their feveral work, and to pay 
 them after the rate of the Country for 
 their work, and if any difference be, 
 two Juftices of the Peace of the Coun- 
 ty are to end it i he that fails to fend 
 his Wain, &c. for every day forfeits 
 ten fiiillings, and the Labourer refufing 
 or neglet^ing for every day 1 8 penct. 
 
 1 5 Car, 2. Ch, i. 
 
 52. Any three or more of the Sur- 
 veyors may appoint any to dig, take, 
 and carry away fo much as they fhall 
 think needful of the Gravel , Chalk, 
 Sand, or Stones out of the Walk or 
 Common of any neighbouring Pwiffi 
 or place near adjoyning to the place 
 in decay, without paying any thing for 
 it> and if it be not there to be had, then 
 
 they 
 
$f Uigb-wayt and Bridges. 237 
 
 they may take it out of any mans fcve- 
 ral ground ( not being an Houfe, Gar~ 
 den Orchard , Yard or Park liored 
 with Deer ) in any PariOi chargeable, 
 toward the repair of the faid High- 
 wzv ^ giving only to ^ the 
 
 owner of the ground for the damage he 
 hath thereby , accordingly as tlw ^di- 
 ces at any of their Quarter SelUons 
 fhall fet down, if any difference be ; 
 And they are with all fpeed convenient 
 to fill up and level fuch Pits as they (hall 
 make, or elfe to rail them about, that 
 they be not dangerous to Man or Beaft. 
 IK Car»2.Ch, I, 
 
 53. The Surveyors are always at the 
 Quarter Seffions next after Ealier to 
 give in an Account under their Hands 
 to the JuQices of all the money they 
 have received from the Coikdkor or 
 Receiver of the Toll, and what they 
 have laid out about the High- ways or 
 in the execution of their Office i and if 
 they have any money in their hands, 
 they are to pay it to the Surveyors for 
 the next year, or to their Treafur^ or 
 Receiver s and then they are to nave 
 albwance for their pains v and if they 
 {hall not account and pay in the money 
 
 in 
 
338 A Guide for Surveyor t 
 
 in their hand, or if the Colledior or 
 Receiver of the Toll refufe to pay in 
 the money to the Surveyors upon Re- 
 queft, then they rcfpedively at any 
 Quarter Seffions may be committed to 
 Prifon, till they do fo account and pay 
 in the money. 15 Car, 2. Ch. i, 
 
 54. If the Juftices at their Quarter 
 Seflions make any Rate for the Repair 
 of thefe High-ways , the Surveyors 
 are to colle<^ and receive it, and in 
 cafe of refufal they or their Receivers 
 and Colledors may dilirain for it, and 
 fell the Diftrefs , rendring the over- 
 plus fo the owners v and they or their 
 Receivers are to receive all the Fines 
 and Forfeitures named in the Adf, and 
 to imploy them towards the Repair of 
 the High-ways i they might alfo ( with 
 the confent of the Juftices at their 
 Quarter Seflions ) borrow money to 
 repair the faid High-ways, and ingage 
 the Toll for it in their refpeSive 
 Counties, by Indenture under their 
 Hands and Seals for any time under nine 
 years, for Security of the Repayment 
 of the Money borrowed with- Interefl, 
 and therewith repay the fame. 15 Car. 
 2. CL I. 
 
 55. The 
 
fes, Coaches, Carts, Waggons, Droves, 
 and Gangs of Cattel, that (hall pafs, be 
 led, or driven in or through the Toll 
 Gates at Stilton in Huntingtonjhire^ at 
 Arrinpon-Bridge in Camhridgejhvre^ and 
 at Wades-MiH in Hartfordjhire, after the 
 proportion following : That is to (ay, 
 for every Horfe one peny, every Coach 
 fix pence, every Cart eight pence, eve- 
 ry Waggon twelve pence , every fcorc 
 of Sheep or Lambs one half peny, an<^ 
 fo proportionably for greater or lelTer 
 numbers » for every fcore of Hogs fWo 
 pence, and fo proportionably for grea- 
 ter or lefler numbers, not be^ig under 
 Five i for every fcore of Ox^n or Neat 
 Cattel five pence, and^fo proportiona- 
 bly for greater or lelTer numbers i and 
 if any refufe or neglect to pay, the Col- 
 led:or may difirain the Horfe, Coach> 
 Cart, Waggon, Oxen, or other Cattel 
 aforefaid , or any of them , and keep 
 them till the Toll be paid, and damages 
 for keeping the Difirefs. 15 Gar. 2, Ch. 
 I . and fee id, 8c 17 Qir. z.Ch. 10. 
 
 56. Note, 
 
240 A Guide fir Surveyor t 
 
 55. Note, That no Palfenger is to 
 pay twice in one day at the fame place, 
 neither is any Souldier in his March, 
 or Poft-rider to pay Toll, and certain 
 adjacent Towns alfo to the faid places 
 appointed for taking of Toll are ex- 
 empted. See the Statute it felf 1 5 Car. 
 2. Ch. I. 
 
 57. The Toll at Stilton and Arring- 
 ton Bridge is to continue i i years, to 
 begin from the 7th of July in the i5t;& 
 year of the King, if the ways be not 
 well amended, and the monies borrow- 
 ed paid in again, before the expiration 
 of the faid Term} and the Toll at 
 W idet Mill is to continue for 2 1 years, 
 after the 1 1 years expired, if the ways 
 ,be not adjudged to be well amended in 
 the mean time, and all monies borrow- 
 ''ed for that purpofe, with the Intereft 
 thereof repaid again. 15 C<»r. 2. Ch.i. 
 16) & 17 Car. 2. Cb. 10. 
 
 ■ 58. The Colledtor of the Toll at 
 ades Mill is to account weekly to the 
 Receiver General } and the next Jufiice 
 may give the Colle<Sor an Oath to 
 make a true and perfed Account, and 
 fuch Account is to be returned to the 
 next Quarter Seffions for the County, 
 
 ' by 
 
- of High-roays and Bridget. 241 
 
 by the Juaice that gives the Oath, 16 
 & 17 Car. 2. Ch. 10. 
 
 5J). All perfons who by Law arc 
 chargeable towards the repairing of the 
 High-ways aforefaid, (hall aill remain 
 fo chargeable, by the 15 Car. 2. Ch. i. 
 and diall alfo pay fix pence in the pound 
 yearly, according to the true value of 
 their Efiate, towards the repair of the 
 faid High-way during the continuance 
 of the Toll, which ihall be paid to the 
 Treafurer of the faid Tollj and in de- 
 fault of payment fix days after demand, 
 the Surveyors are to diflrain for it* and 
 iell the diftrcfs, rendring the overplus 
 to the owners, if any be, 16^ & 17 
 Car. 2 . Ch. i o. 
 
 60. The Receivers or Collcdtorsof 
 the Toll, that (hall be in the office at 
 the^ end of the j i years, it they upon 
 their account (hall then have any Money 
 in their hands, they are to bring the fame 
 to the Juftices at their next Quarter Sef- 
 fions, under pain to forfeit double fo 
 much, to be recovered by Difirefs and 
 Sale of their Goods. 1 5 Car. 2. Ch. i. 
 
 M 
 
 CHAP. 
 
242 A Guide for Surveym 
 
 C H A P. V. 
 
 Sever^flCafes about the Repairs of 'Brid- 
 ges^ with the namet of the Statutes 
 which concern particular Bridges. 
 
 5 j. \ \ THere a Common Bridge in 
 W the Rings High* way is in 
 decay, and that it cannot be proved or 
 known , who , nor what Lands are 
 chargeable to the repairing thereoti 
 in this cafe Four Juhiccs ot the Peace 
 C whereof one to be of the ^orum ) 
 within the Shire or Riding wherein 
 foch decayed Bridges be, and if they 
 be in a City or Town Corporate, then 
 four fuch JuAices of Peace there, may, 
 within the limits of their feveral Com- 
 tniffions, call before them the ^nfta- 
 blcs, or two of the moft hondt inha- 
 bitants of every Town and Parilh with- 
 in the Shire, Riding, City or Town 
 Corporate, wherein fuch Bridge or a- 
 ny parcel thereof (hall happen to be j 
 and the Juftices C upon the appearance 
 of the Conftables or other Inhabitants, 
 and with their aifents ) may tax every 
 Inhabitant In any fuch City, Town, ot 
 
•f High-way t and Bridges. 24 j 
 Parirti within thdr limits, to fucb rea- 
 fonable Turn of money as- by thcfr dif- 
 cretions they (hall think convdilent, as 
 well for the repairing of fuch Bridge, 
 and alfo for the making and repairing 
 of the High- ways by the fpace of 
 300 Foot next adjoyning to the ends 
 of any fuch Bridge. 22 H. 8. Ch. 5. 
 "Dalt,^, T,‘Ch. 13. fo, 40. (So. Tr'. Bart. 
 Inft. fo. joiy’f'OZ, 
 
 6 z. But note, where the Franchife, 
 City, or Burrough is a County of it 
 felf, and hath not four or more Juliices 
 of the PcSce', whereof one or more are 
 of the Quorum in this cafe no other 
 Juftices of the Peace of any Shire oir^ 
 County have any power to meddle therfc 
 by this Ad, but fuch decay mutt be re- 
 formed by the Common Law by fuch 
 Rcmedie, as they were before the ma- 
 king of the Statute of 22 H. 8. Co. 2. 
 Part . Infii fa. j 02. 
 
 63. And note, that this Taxation 
 ought not to be made Tjy the Juftices 
 without the confent of the Conttables 
 or -Inhabitants, nor by them without 
 the Jaftiees t' and this tax ought, to-be 
 ttpon every Ihhabitant iti particular, 
 anti not to be fet upon the- Hundred, 
 M2 Parilh, 
 
244 ^ Guide for Survey or t 
 
 Parifl\, Town,^c. for then one or few 
 might t^.diftraincd upon for the whole. 
 Co. z. Part.Inft. fo.'jo^. 
 
 64. After fuch Taxation made as a» 
 forefaid, the faid Juflices of Peace (hall 
 caufe the Names and Sums of every par- 
 ticular peribn fo by them Taxed, to be 
 written in a Roll indented in Parchment 
 for every Hundred jandifealed with their 
 Seals. Co, 2. Pi*r#. Inj}, fe. 7 04* jP**^** J* 
 P. Cb.i^. fo. 40. 
 
 65. And the faid Juflices may make 
 two Colleilors of every Hundred, for 
 the Colleding of all fuch Sums of Mo- 
 ney, by the faid Juflices fet aad taxed » 
 which Culledtors receiving the one 
 part of the Roll indented, have power 
 thereby to colled all the Sums of Mo- 
 ney therein contained, and if refufal be 
 made upon demand , then to dlllrain 
 and icll fuch diflrefs, rendring the o- 
 verplus to the owner if any be. T>alt. J. 
 P. Cb. 13. fo. 40. 22 H. 8. Cb. 5. Co. 2. 
 Tart. Infi. 705. 
 
 66 . The faid Juflices alfo are to ap- 
 point two Surveyors, who (hall fee fuch 
 decayed Bridges and ways repaired 
 and amended from titnc to time ^s of- 
 ten as need (hall require , to whofe 
 
 hands 
 

 
 of Higb-neayt and Bridges. 245 
 
 Jiands the Colledors muft pay the Mo- 
 nies by them received. Dj/;. 7 p rh 
 id- fo. 40. 22 H. 8. Ch. 5. . ■ ■ 
 
 ^7. And the faid Colledors and Sur- 
 veyors, and their Executors and Ad- 
 miniarators, and every of them fliaH 
 rom time to time make a true Account 
 JO the faid Juftices of Peace , of the 
 and Expences of 
 
 Ihem ’ and if any of 
 
 them refufe fo to do, then the faid Ju- 
 
 hy 
 
 their difcretions, may make out procefs 
 againft the faid Collectors and Sur- 
 veyors, their Executors and Admini- 
 fh-ators by Attachment, Precept, or 
 Warrant under their Hands and Seals 
 returnable at their General SelTions of 
 the Peace and the faid Juftkes may 
 allow fuch reafonable Colts and Char- 
 ts to the faid Surveyors and Colle- 
 ^ors upon their Account, as to them 
 T> L convenient. 22 H. 8. Ch. 5. 
 
 68. If any fuch Bridge be wholly in 
 a City, or other Corporate Town, the 
 Inhahtants of the faid City or Corpo- 
 
 where 
 
 inch Bridge lies out of fuch City or 
 M 3 Cor- 
 
24*5 ^ Guide for Surveyors 
 
 Corporate Town , the fame muft be 
 made by the Inhabitants of the Shire or 
 Riding within which the fame Bridge 
 (hall be, and if part of the Bridge be m 
 one Shire or Riding, City, or Corpo- 
 late Town, and part in another, then 
 every of them lhall be charged to make 
 and repair fuch part as (hall lie and be 
 within their own limits. 22 H. 6 . Ch. 5. 
 Co. 2. Part. Inf. ft. 7®^. j. P. Ch. 
 
 12. fo. _ 
 
 6 p. But otherwife no Village or Free- 
 man (hall be compelled to make any 
 Bridge i but fuch as of old time, and 
 by Right they were wont to make. 
 Magna Charta Ch. 15. 
 
 70. By the Common Law feme per- 
 fons were bound to repair Bridges, R<t- 
 tione tenure fua 'Terrarutn, &o. and this 
 was binding, into whofe hands foeyer 
 the Eftatc did come i but they which 
 have Lands qn the one fide, or on the 
 other> or on both, are not bound m 
 Common Right to repair the fame. 44 
 £/. 3. 31.21 E. 4 * ')H.'J.3.Crompt. 
 l 8 < 5 . 8 H. 7. 5. b. Co.2.Part.Infi.fo.700. 
 
 71. If a man, which holdeth too A- 
 cres of Land, ought to repair a Bridge 
 
 bv tenure of the fame, do alien 2p A- 
 
 ^ cres 
 
vf High-rvayf and Bridges. 247 
 cres thereof to one man, and 10 Acres 
 to another man, in fuch cafe every ow- 
 ner or occupier of fuch Lands muH be 
 charged proportionably for their faid 
 Lands. Kegifi.26%. a. F. N. B. 235. B. 
 Co* 2, Part, Inji, fo, 700. 
 
 72. Again^fome by the Common Law* 
 were bound by prefeription to repair a 
 Bridge, but herein there is a diverfity 
 between Bodies Politick or Corporate^ 
 Spiritual or Temporal , and Natural 
 Perfons i For Bodies Politick, &c, may 
 be bound by ufuage and prefeription 
 Only, becaufe they are local, and have a 
 perpetual fuccellion, and never dyes 
 but a Natural perfon cannot te bound 
 by the Acft of his Anceftor, without 
 AiretSjOr fome profit to be taken there* 
 fore. 21 E. fo, 38. b. 27. 
 
 Crompt. 187. Co. 2. Part. fo. 700. Dalt. 
 
 J. P. Ch, fo. 
 
 73 * By Common Right Bridges are 
 to be amended by the whole County, 
 if it be not known who ought to do 
 the fame otherwife. Pafeb. 10 E. 3. 28^ 
 2p. Co. 2. P <irt.Irtji,fo.yoi.Crompt.iS6.b. 
 Tr. 10. Car, i, the Cafe of Longford 
 Bridge. Rolls Cafes i. Bart. fo. 368. & 
 Cro. Ref 3 , P art. the iame Cafe. 
 
 M 4. 
 
 47- ir 
 
248 A Guide for Surveyors 
 
 74. K a man ere^a MiH for his own 
 particular profit, and cut a new couife 
 for the water to come to it, and makes 
 a new Bridge over the fame, and. the 
 Kings Subjeds ufe to ride over the fame 
 as over a common Bridge v fuch Bridge 
 ought to be repaired by him who hath 
 the Mill, and not by the County, be- 
 caufe he ereded it for his own benefit, 
 8 £. 2. B. K. adjudged for Bono Bridge 
 and Channel Bridge againft the Prior of 
 Stratfordy RoHs Cafes, i. fart. fo,^6%. 
 
 75. Such as are chargeable to repair a 
 Bridge, may enter upon any other mans 
 Land or Soil adjoyning, and lay their 
 Stone, Lime, Timber, or other things 
 neceffary there for the repairing and a- 
 mending thereof, and the owner of the 
 Lands (hall have no adion therefore i 
 for it is for the common profit v and the 
 party that is chargeable to repair a 
 Bridge, muft alfo maintain the way at 
 each end thereof C though the Soil be 
 to another ^ and if the ends be broken 
 by the Water-courfe, he muft follow the 
 Water-courfe, and repair the way, &c. 
 Crotnpt. i8d. h. 43 * Aff. "Dalt, J. F. Ch. 
 15. fo. 42. 
 
 76. It 
 
mmm 
 
 of tDgh-ways and Bridges. 24^ 
 
 y 6 . It is provided by the 14 Car, 2, 
 Ch. 6 . That air Bridges (hall have fuf- 
 ficient Walls, or Pofts and Rails on 
 each fide thereof, four foot high at the 
 Icaft, and that the fame be from time 
 to time fufficiently kept and repaired. 
 14 Gar. d. 
 
 77 « The Names of fome Statutes for 
 particular Bridges follow , 18 H. 6 . 
 Ch. 28. for the making of B*r/erd' and 
 Culhamford Bridge. 18 E/. Ch, 17. & 27. 
 FJ. Ch. 25. for the maintenance of Ro- 
 chejier Bridge. 18 El. Ch. 20. for Re- 
 pair of the Bridges within a Mile of 
 Oxford^ z^El.Ch. II. for the mainte- 
 nance of the Bridges over F^offe in 
 Wales. El. Ch. 23. for making and 
 repairing of Newport and Carlion Brid- 
 ges over the River Vs\. 3^ El. Ch. 24. 
 tor building and maintenance of a 
 Bridge at Wilton upon Wy near Rofs in 
 i^erefordjhire, 43 El. Ch. for cre- 
 wing and repairing Edon and Presherl^ 
 Bridges in Cumberland. 3 Jac.Ch. 23. 
 for making and repairing Chepflew 
 Bridge. i^ Car. 2, Ch. 6 , for building 
 and repairing Laycock^ and Key Bridges 
 in Wiltjhire^ and Stratford Bridge in 
 Middtefex, 
 
 M 5 
 
 6y 
 
2^0 A Guide for Survey or 6 cc. 
 
 By the Star. 22 Car. 2. Ch. 12. It is 
 enabled, That the Surveyors and Or- 
 derers of the work of amendment of 
 the High-ways (hftll be yearly chofen in 
 Chriftmas-week, according to the Stat. 
 2 ,&^ F. & M. Ch. 8 . Which perfons 
 fo chofen fliall take upon them that Of- 
 fice, and fliall appojnt fix days for^ pro- 
 viding Stones, Gravel, and other Ma- 
 terials, and for working in the High- 
 ways, having refped to the fcafon of 
 the year and weather, and giving no- 
 tice publickly fome convenient time be- 
 fore tlie feveral days. At which days 
 all perfons lyable to the faid work fliall 
 attend and work: And the faid Survey- 
 ors and Orderers fliall make return of 
 the Defaulters and every of them with- 
 in one monthifo fome neighbouring ]u- 
 ftice of the Peace of the fame County. 
 
 FINIS. 
 
 ? h- 
 
A ■ 
 
 G U I D E 
 
 FOR 
 
 TREASURERS 
 
 OF THE 
 
 County Stock, for the 
 
 Relief of Poor Maimed Soul- 
 ; diets and Mariners. 
 
 41' |' "Hcfe Treafurers are certain 
 I Officers appointed by the 
 Juftices of Feace, to have 
 the charge of the Receipt and Dif- 
 burfement of money taxed and levye^ 
 upon the whole County yearfy fot the 
 relief of Poor Maimed Souldjas and 
 Mariners j For the JufUces of Peace 
 
 are 
 
25,2 A Guide for 
 
 are yearly at their Quarter Seffions, 
 about Eafter^ to choofe or appoint one 
 or two perfons C according to their 
 difcrctions ) of the County for the ta- 
 king and diilributing of the Monies 
 cohered for the purpofes aforelaid : 
 And thcfe Treafurers, by the words of 
 the Statute, ought to be SubOdy men 
 of 10 pounds in Lands, or 15 pounds 
 in Goods, ( but it feems, if they be 
 fufficient men, this is not ftood upon ) 
 and thefe Officers are to continue in 
 their Office one year, and new ones 
 then to be chofen in their room*. 43 
 El. Ch, 3. Wingate's Stat. ‘lit. Cap~ 
 tains. 
 
 2. Now for the railing of Money for 
 thefe Treafurers, the greater part of 
 the Juftices in their Quartet Seffions 
 have power to charge every Pariffi 
 within their limits towards a weekly 
 Relief of Maimed Souldiers and Ma- 
 riners, fo that no Pariffi pay weekly 
 above 10 pence, nor under two pence j 
 nor any County, which coniids of a- 
 bove 50 Pariffies, pay above fix pence > 
 one Pariffi with another, and this is 
 by the 43 E/. Cb, 3. but it is provided 
 further by the 1 4 Car. 2, Qh. p. that the 
 
 Juftices 
 
I’reafurerf, See. 2.53^ 
 Juftices may tax every Parifii more 
 than the Rates aforefaid, fo as it ex- 
 ceed not two (hillings and fix pence, 
 nor be under three pence per week. And 
 thefe firais, thus taxed, muft be afleffed 
 in every Pari(h by theParilhioners ( or 
 in their Default ; by the Confiables and 
 Churchwardens ( or in their Defaujt ) 
 hy the next Juftice or Juflices of the 
 Peace. 43 El. Ch. 3. 
 
 3. And the Confiables and Church* 
 wardens have power to levy the Tax 
 in every Parifli of every perfon refu- 
 fing to pay the fame, by Diftrefs and 
 bale of his Goods, rendring the over- 
 plus to the owner i and in the Con- 
 fiables and Churchwardens Default , 
 the next adjoyning Jufiice may difirain 
 
 *he fame. 43 El.Ch. 3. Winirate's 
 St 4 t, lit. Captain^ & Dalt. J. p, Ch. 
 53- A t35* 
 
 r' the Tax is levyed i the 
 
 Confiables and Churchwardens are to 
 deliver it quarterly ( ten days before 
 mry garter SeflionsJ to the High 
 Confiable of their Divifion, who muft 
 deliver to the Treafurers of the Coun- 
 ty at the fame Quarter Seffions all the 
 lame money i and if the Confiables or 
 
 Church- 
 
2 ^ 4 . ^ Guide for 
 
 Churchwardens, their Exeeutors, &c. 
 fail in the payment to the High Con- 
 fiable within the time aforefaid, then 
 they are to forfeit 20 (hillings v and 
 if the High Conftable fail to pay the 
 Treafurers every Seffions > then he 
 forfeits 40 (hillings-, which Forfei- 
 tures, afe it feems, the Treafurers may 
 levy by Didrefs and Sale of the Of- 
 fenders Goods, without any Warrant, 
 rendring the overplus to the owner: 
 and thefe Forfeitures are to go in Aug- 
 mentation of the Treafurers Stock. 
 43 'E/. 3 * 
 
 5. The Maimed Souldier or Mari- 
 ner which was preli, (hall repair fif he 
 be able to Travel ) to the Treafurers 
 of the County where he was preft i 
 if he were not preft, then to the Trea- 
 furers of the County where he was 
 born, or where he laft dwelt by the 
 fpace of three years, at his Eledions 
 but if he be not able to Travel, then 
 to the Treafurers of the County where 
 he Lands i and he is to bring with him 
 a Certificate under the Hand and Seal of 
 the Chief Commander, or of the Cap- 
 tain under whom he ferved, containing 
 the particular of his hurts and fervi- 
 
ireafurers^ 6 cc. 255 
 
 ces, which Certificate fhall alfo be al- 
 lowed by the Mufter-Mafter, or the Re 
 ceiver General of the Rolk for the 
 Mufter, under one of their hands. 45 
 
 ' _ Then upon fuch a Certificate, the 
 freafurers aforefaid may allow- the 
 party Relief to maintain him till the 
 next Quarter Seilions i andlhen the ma- 
 Juftices may allow him 
 a Renfion, which the Treafurcrs maft 
 pay him Quarterly, until it fhalfbe re- 
 voked or altered by the faid Juftlces » 
 and this allowance is not to exceed lo 
 pounds7>er arm. to a common SouJdier 
 nor 15 pounds to an Officer under 3 
 Lieutenant, nor 20 pounds to a Lieu- 
 tenant. 43 El Ch.^.Wingauh Stat. Tit. 
 i^aptatns and Souldierr^ 
 
 7 * Note> where Souldiers and Mari- 
 ners arrive far from the place where they 
 
 Treafurers 
 
 there fhall give them Relief, and a Tcfti- 
 monial whereby they may pafs from 
 Treafurer to Treafurer, until they fhall 
 come to the place requirediand this fhall 
 be done upon the bare Certificate of the 
 Oommander and Gaptainjalthough they 
 avc not as yet obtain’d any allowance 
 
 from 
 
^ Guide for 
 
 from the Mufter-Mafter , or Receiver 
 General of the Mufter Rolls. Wingate's 
 Sut.’fit, Captains and Souldiers, 43 E/. 
 Cb. 3. 
 
 S. If any Souldier or Mariner beg, 
 or Counterfeit a Certificate, he Ihall be 
 punUhed as a common Rogue, and (hall 
 loofe his Penfion, if he have any. 43 
 E/. Ch. 3. Wingate ubi fupra. 
 
 When out of the County tvhere 
 thfjparty was preft, a fit Penlion cannot 
 be lafisfied, it lhall then be fapplied by 
 the County where he was born , or 
 where he laft dwelt by the fpace of 
 three years. Wingate ubi jnpra. 43 E/. 
 cL 3. 
 
 10. By the 14 Car. 2. Cb- It is 
 provided, that every Officer, Souldier, 
 or Mariner maimed, indigent, aged, or 
 difabled in body for work, in the Ser- 
 vice of King Charles the Firft,or of his 
 Majefty that now is, during the late 
 Wats, or which are fo iropoveriffied 
 by their fuffcrings under any of the 
 late ufurped Powers, as that they are 
 deftitute of any compe'tent fubfiftenee 
 or livelyhood, and have continued 
 faithful to their Truft, and not defer- 
 vcd the fame, by taking up Arms againft 
 
Treafurers^ &c. 257 
 
 his late Majeflyi or his MajcAy that 
 row is, or other wife, is to repair to 
 the place where he was laft fetled be- 
 fore he took up Arms, ( with a Certir 
 hcateof his Service and hurts received 
 under the hand of his Captain, or other 
 Commiffionated Officer ) and there 
 repair to the two next Jufliices, s^o 
 upon examination of the truth of fuch 
 Certificate ( upon Oath of the Party 
 and fuch Witnefs as he ihall produce ) 
 may by Warrant unto the Treafurers 
 affign him Relief unto the next Quar- 
 ter SeflTionsj to be holden for that 
 County or Liberty » at which time a 
 yearly Penfion may be fetled on him, 
 which muft not exceed 20 pounds to 
 any one petfbn> which Penfion is to be 
 with power of Revocation or Altera- 
 tion i and in cafe where the Captain 
 or Officer appointed to make fuch Cer- 
 tificate is dead, the Juftices upon Re- 
 queft to them made in behalf of the 
 party maimed, aged, indigent or dif- 
 abled, as aforefaid, by perfons of cre- 
 dit, are to give fuch Relief, as in cafes 
 of Examination as aforefaid. 14 Car. 2. 
 Ch. p. 
 
 II. And touching the Widows and 
 
 Or- 
 
258 A Guide for 
 
 Orphans of fuch as dyed in the Service 
 aforefaid, it is provided. That C over 
 and beGde fuch Relief as they (hall 
 gain by their labour and work> and 
 what fhall be allowed by the charjty 
 and benevolence of the Parifli, Town, 
 or Hamlet where they are fetled ) the 
 Treafurers for the maimed Souldiers 
 for fuch County (hall allow fuch fur- 
 ther’ Relief from time to time, as (ball 
 be adjudged meet by two next Ju dices 
 of the Peace of fuch County » and the 
 (aid Relief is to be paid out of the 
 Surplufage of fuch Stock of Main- 
 tenance as (hall remain in the hands 
 of the faid Treafurers after fuch Pcn- 
 fions and Payment of them raade> 
 And of which furplufage and allow- 
 ance made unto fuch Widows and Or- 
 phans, the faid Treafurers (hall 
 give account from time to time, and 
 the fame diftribute as by the Jufti- 
 ces (hall be dire( 3 :cd. 14 Car. 2. 
 Ch, p. 
 
 12. The Treafurers are to Regifter 
 all their Receipts and Disburfements, 
 and muft enter the Names of the Par- 
 ties reiieved into their Book, and ai- 
 fo the Certificate, by vertuc whereof 
 
 the 
 
T’reafttrerfy &c. 
 
 the disburfements are madei and where 
 they difallow of a Certificate, they 
 are to fct down the Reafons of their 
 Refufal under the Certificate » or on 
 the back thereof/ 43 E/iz. Ch. 3. fVtH- 
 gate^s Stitii lilt. €aptairts and Soul-- 
 diers. 
 
 13. If any Treafurcr wilfully refufe 
 to give Relief in the cafes aforefaid, the 
 Janices of the Peace in their Seffions 
 tray fct a Fine upon him, Which may 
 be levyefl by Diflrefs and Sale of his 
 Goods. ff^iHgate ubi fitfra, 43 
 
 Ch, 3. 
 
 14. Thcfe Officers at the end of their 
 year, within 10 days after EaUer Sef- 
 fionsj are to give up a juft account to 
 the fuccceding Treafurers of all their 
 Receipts and Disburfements within 
 the time of their Office i and then if 
 they have any money in their hands, 
 they are to deliver it to their Succef- 
 fors i and if any fuch Officer, his Exe- 
 cutors, or Adminiftrators lhall not 
 give up fuch Account within the time 
 aforefaid , or ftiall be otherwife neg- 
 Jigent in the execution of his Officer 
 The Juftices at their Seflfions may affefs 
 what fine they pleafe upon him » fo that 
 
2^0 A Guidt forl’reafurerj^ Sec. 
 
 it be not under five pounds, but what 
 they pleafe above five pounds upon him, 
 his Executors or Adminifirators. 
 gate ubf fupray 43 El.Ch,^. 
 
 1 5. In Corporations the Juftices there 
 are to put this A^ion in execution, and 
 not the Juftices of the County > This 
 Ad is not to prohibit the City of Lon- 
 doHy to make a Tax if need require, 
 differing from that above limited in 
 this Ad, fo that no Parifh pay above 
 three (hillings weekly , nor under 12 
 pence weekly one Parilh with another. 
 43 E//a. Cb. 3. 
 
 FINIS. 
 

 A 
 
 GUIDE 
 
 FOR 
 
 TREASURERS 
 
 OF THE 
 
 County Stock, for the 
 
 Relief of Poor Prifoners in the 
 Kings-Bench and AlarJljalfea, 
 and for Hofpitals and Almf- 
 houfes in their feveral Coun- 
 ties. 
 
 I. T^HESE Officers are to be 
 I , yearly chofea by the Jufti- 
 ces at their Quarter Seffi- 
 ons about EalUr^ and they muft be two 
 
 for 
 
262 A Guide ftr 
 
 for every County, Riding, &c. and by 
 the words of the Statute they ought to 
 be Subfidy men, of 5 pound in Lands, 
 or 10 pounds in Goods at the leaii, or 
 near that value i and thefe Officers are 
 to continue in their Office but one year, 
 and tiien others to be chofen, and they 
 arc to have the charge of the Receipt 
 and Disburfements of the money taxed 
 and levyed upon the whole County 
 yearly, for the Relief of the Prifbners 
 in the Kings Bench and Marjhal/ey, and 
 for the Relief of Hofpitals and Almf- 
 houfes within the feme Cqunty. 43 
 Ch. 2. 
 
 2, And for this purpofe the Juftices 
 of Peace of every County or Corpo- 
 ration, or the major part of them, at 
 Ettfier Sfffions yearly , or as often as 
 they (hall think fit, may rate every Pa- 
 riffi at a certain fura to be paid weekly i 
 but fo as no Parifh may pay more than 
 fix pence, nor lefs than a half peny, 
 and one Parifh with another , not a- 
 bove two pence through the whole 
 County or Corporation , which fum 
 fo rated, the Conflables and Church- 
 wardens in every Parifh , or any of 
 them, ( or in their default the next Ju- 
 
'treafurer/^ icc. 26^ 
 
 ftice of Peace ) have power to Affefs, 
 and to levy by Didrefs and fale of the 
 Parties Goods rcfufing to pay , Ren- 
 dring the overplus to the owners > and 
 for Default of Diftrefs, the fald juflicc 
 may commit the Party to Prifon till it 
 be paid. Wingate^s Stat, 7it, Poor. 
 43 El. 12. Ch. 2. Valt. J. P. Ch. 53. 
 fo. 135. 
 
 3. And thefe fums> colletfled and le- 
 vyed as aforefaid, the Churchwardens 
 orConftables of everyPariih are to pay to 
 the High Conftable of that Divilion ten 
 days before every Seffions, in pain that 
 they or their Executors> &c. (hall for- 
 feit ten (hillings ; And the High Con- 
 ftable is to pay over the Sums received 
 to the Treafurers, or one of them, e- 
 vety Quarter Seffions, in pain that he, 
 his Executors , t^c. (hall forfeit 20 
 (hillings •> and thefe Forfeitures are to 
 be levyed by the Treafurers by Dihrefs 
 and Sale of the Offenders Goods, ren- 
 dring the overplus to the party offen- 
 ding> which Forfeitures ate to be im- 
 ployed by the Treafurers for the ufes a- 
 forefiid. 43 Eliz. Ch, 2. Wingatis Stat. 
 "Xit, Poor. 
 
 
 4. And 
 
24 + ^ Chide for 
 
 4. And fuch Sums as the Juftkes (Kail 
 appoint for the Kinge Bench and Mar- 
 jhalfey ( which muft be 20 (hillings 
 yearly out of each County to each of 
 them ) Thefe Officers muft pay over in 
 convenient time to the Lord Chief 
 Juftice of England^ and Knight Mar- 
 (hal for the time being, equally to be 
 divided to the ufes aforefaidj taking 
 their Acquittances for the fame, and 
 in default of the faid Chief Juftice, 
 the next antienteft Juftice of the 
 Kings Bench. Wingate ubi fiepra 43. 
 El. Cb. 2. 
 
 5. They ate to pay yearly alfo, by a 
 Quarterly Payment, fuch Sums of Mo- 
 ney as (hall be fet down by the Jpftices 
 of Peace at their Quarter Sellions , 
 unto the Matters and Governours of 
 the Houfes of Corte(fiion , the which 
 if they do refufe or negled to do, the 
 fame Matters or Governours ( without 
 any Warrant ) may levy the fame of 
 the Goods of the faid Treafurers by 
 
 ' Diftrefs and Sale, rendring them the 
 overplus. 7 Jae. Ch, 4. 
 
 6 . And tire Surplufage of the money, 
 by the Trealurers received, they muft 
 dtttribute and beftow for the Relief of 
 
 the 
 

 ^6‘J 
 
 GUIDE 
 
 FOR 
 
 MASTERS 
 
 OF THE 
 
 Houfc of Corredion, and Gover- 
 nours of the Corporations, or 
 Work'Houfts in London, Weii‘ 
 minjier, &c. 
 
 I. p ■ ^He Governor or Matter of 
 I the Houfe of Corredlon is 
 
 I anOfficer appointed by the 
 
 J||L> Juttices of Peace at their 
 Quarter Seffions, to have the Overfighc 
 and Government of the Houfe of Corre- 
 dion within their County or Riding»of 
 whom the Juttices are to take fufnci- 
 <nt Security for the continuance and 
 N 2 pet- 
 
2dS A Guide for 
 
 ^ performance of the Service belonging 
 to his Office j and the Juftices are to fet 
 down what allowance they (hall have 
 for their pains, ( which may be charged 
 upon the County ) and for the Relief 
 of fuch as (hall happen to be weak and 
 fick in their cuftody and for the Stock 
 to fet on work, fuch perfons as (hall be 
 committed thither j and they may fet 
 down their orders concerning the fame 
 according to their diferetions i and the 
 money allowed to thefe Officers by the 
 Juftices as aforefaid, is to bp paid C^ar- 
 terly before-hand by the Treafurers of 
 the County for the Relief of the ,Pri- 
 foners in the Kings 'Bench and Marjhal- 
 fey •> and if the Treafurers refufc or 
 negledfc to pay it, the Matter of the 
 Houfe of Corredfion may levy the fame,' 
 or fo much thereof as (hall be unpaid, 
 upon the Treafurers Account, by Di- 
 Arefs and Sale of their Goods, rendring 
 back the overplus of the money. 3^ £/• 
 Ch. 4. 7 fac, Cb. 4. 
 
 2. Now the Office and Duty of this 
 Officer confifts in thefe things follow- 
 ing, viz. To look well to the fame 
 Houfe, and the backfide f hereof* and to 
 all the Implements and Goods he doth 
 
 find 
 
find there, and to look to all fuch lewd 
 perfons as he finds there at his entrance, 
 and to receive all fuch Rogues, Vaga- 
 bonds, and idle or diforderly perfons, as 
 by any of the Juftices of Peace fliall ba 
 fent thither- Co. 2.Fart. lHjh /‘’•73'* 
 
 2 He is alfo to keep fafely all luch as 
 arecon>mitted to his cuftody, and not 
 to fuffei them to wander abroad about 
 the Country *, or to efcape away whhout 
 order of ]ufttces. 7 4. Co. 2. 
 
 4. He is alfo to fee and take care, that 
 amongft the perfons committed to his 
 charge, if there be any fick, or other- 
 wife Impotent, that ftands in peed of 
 Relief, that he do relieve thetn, accor- 
 ding to their neceffity. 7 Ch. 4. Co. 
 
 2. Part. Itiji. fo. 73^’ , , 
 
 ■ <. And for the reft that are able to 
 work, he is to fee and take care that 
 from time to time, as long as they re- 
 main there, they be fet to work and la^ 
 hour V for during that time, they muft 
 in no fort be chargeable to the Coun- 
 trey for any allowance, either at their 
 coming in, or going forth , or abode 
 there, for they are to have fuch and fo 
 much allowance only as they {halide- 
 
ferve by their own labour and work ; 
 and if they will not work and perforin 
 their Task, he is to punifh then) as he 
 lees caufe, with putting on Fetters or 
 Gives upon them , arid by moderate 
 whipping of them. 7 Jac.Ch. 4. Co. 2. 
 Tart. Infi. fo.y^i. 
 
 6. And laftly, at every Quarter Sef- 
 nons the Mafter is to give an account 
 of all fuch perfons as have been com- 
 mitted to his cuftody j And if he offend 
 in any of thefe particulars before re- 
 faearfed, or in any other Duty incident 
 to his Office, the Juftices of Peace may 
 impofe fuch Fines and Penalties upon 
 him for the fame, as they (hall think fit i 
 and thefe Fines muff be paid unto, and' 
 muff be accounted for by the Treafurer 
 of the County Stock for the Kinaj 
 Bench and Marjhalfey., See. 7 Jac. Ch. 
 4 * Co. 2. Injl, fo, 7^4. 
 
 7. Now touching the Corporations 
 and Work-Houfes in London znA 
 minfter^znA within the Burrough Towns 
 and places of the County of Middleftx 
 and Surrey within the weekly Bills of 
 Mortality , and their Officers i thefe 
 things are to be obferved following; 
 Firft it is ordained, that there (hall be 
 
Ma^eri of^ &c. 271 
 
 one or rtiore Corporation or Corpo- 
 rations, Work-houfe or 'Work-heufes 
 within the Cities of London and Wefi- 
 minjier, and the Burroughs and places 
 within the Counties of Middlefex and 
 Surrey, lying within the Weekly Bills 
 of Mortality, confifting of a Prefidenr, 
 Deputy Prefident, and Treafurer s and 
 the Lord Mayor to be Prefident of the 
 Corporation , Work-houfe or Work- 
 houfes within the City of London^ and 
 the Aldermen and 52 other Citizens to 
 be chofen by the Common Council to 
 be Aflxftants i which Prefident and Af- 
 fiftants, or the major part of them, are 
 to choofe a Deputy Prefident and 
 Treafurerj and ali other neceffary Of- 
 ficers to execute the powers appointed 
 by the Adf > and a Prefident, Deputy 
 Prefident, Treafurer and Affiftants are 
 to be appointed by the Lord Chancel- 
 lour or Lord Keeper of the Great Seal 
 for the City of fFejiminfier^ and the Li- 
 berties thereof, for the Corporation or 
 Corporations, Work-houfe or Work- 
 houies within the fame j and for the 
 faid places within the Weekly Bills of 
 Mortality in the Counties oi Middle^ 
 fex and Surrey^ a Prefident Deputy and 
 N 4 Trea- 
 
TJ 2 a Guide for 
 
 Trcafurcrs are to be chofen by the major 
 part of the Juftices of the fat’d Counties 
 at their Quarter Seffions, of the mofl: 
 able Inhabitants and Freeholders of the 
 faid Counties of Middlefex and Surrey^ 
 for the Corporation or Corporations, 
 Work or Workhoufes of the faid Coun- 
 ties. Uf Car. 2. ch. 12. 
 
 8^ And upon Vacancy^ Death, or o- 
 therwife of any of the Prefidents, De- 
 puty Prefidents, Treafurers or AffiftairtS 
 in the City of Weftminfer and places 
 aforefaid, in Middlefex inA Surrey, the 
 major part of the Juftices at their Ge- 
 neral (garter Seffions have power to 
 eled: others in their rooms > and at e- 
 very Quarter Seffions the faid Juftices 
 are to take an account in writing of ail 
 the Receipts , Charges and Disburfe- 
 ments of the Officers and Treafurer of, 
 fuch Corporation qr Corporations , 
 Work-houfe or Work-houfes, how, and 
 how many poor people have been im- 
 ployed and fet to work in the year laft 
 paft, and what Stock there was and is 
 remaining. 14 Car. 2. Ch. 12. 
 
 p. The Prelident, Deputy Prefident, 
 Treafurers and Affiftants aforefaid 
 (hall be Bodies Politick and Corporate 
 
 for 
 
Mafiers ofy &c. 
 fpr ever, and fliall have a perpetual 
 Succeilion , 'and may fue, plead » and 
 be impleaded by the Name of a Pre* 
 fident and Governours of the Poor 
 for the refpet^ive places aforefiid ,, 
 in all Courts and places of Judica- 
 ture within the Kingdom of Eng- 
 land and Wales, &c. and may without 
 Licence in Mortmain , Purchafe , or 
 receive any lands, &c. not exceeding 
 the yearly value of ^qoo 1 . per annunit 
 of the Gift , Alienation or Devife of 
 any perfon or perfons » and- every of 
 the Gor potations may keep Courts 
 for the ends and purpofcs in the Aft' 
 expreffed , at fuch rfme and place as- 
 fliall be appointed by the faid Prefi- 
 dent, Jiis Deputy or the Treafurer j 
 who are upon the defire of any four 
 of the' faid Corporation', at any time 
 to caufe^ d Co'ift to be warned accor- 
 dingly , and may from time to time 
 make Common ^eals for the flfe of the 
 Rcfpeftive Gbrporatibnsr Can 2. 
 Gh, 12. : tnt ti- ■ 
 
 q iV. 
 
 10. Thef^^|l^eft?ve''Prefidciits and 
 Governours of the faid' Corporations^ 
 or any two of therh, or any pftfon- au- 
 thorhed and appointed by them, or any 
 N s- two 
 
 
74 Guide for 
 
 two of them, may from time to time 
 apprehend, or caufe to be apprehended 
 any Rogues, Vagrants, Sturdy Beggars, 
 or Idle or diforderly perlbns, within the 
 laid Cities and Liberties, Places, Divi- 
 lions, and PrecintSs, and caufe them to 
 be kept and fet to work in the feveral 
 and refped Corporations or Work- 
 houfes- 14 Car. 2. CA. 12 . 
 
 II. If the Prefidentand Governours 
 of any of the faid Corporations ihall 
 certifie under their Seals, at any time 
 their want of money for a Stock, and 
 what Surp they think fit for the fame,to 
 the Common Council of the City of 
 Londoiii^ and the BurgelTes and Juftices 
 of Peace in their Quarter SelTions for 
 Weftminjler^ or to the Juftices of the 
 refpecaive Counties for Middlefex and 
 Surrey In their Quarter Seflions, then 
 they are from time to time to fet down 
 and afeertain fuch competent fums of 
 tsoney for ^he purpofes aforefaid, not 
 exceeding one years R^te ufually fit 
 upon any perfon for, and towards thcj 
 Relief of the Poor > and the (am^ to 
 ROi^itipn out of the feveral Ward«,.' 
 Precincts ^ Counties^ Divifians^ 
 
 an4Patifhes, as they (hall think 
 
 fir. 
 
M^^'err-df^-'Scd 
 
 fif, and accordmg to tlife TaixH^n^or- 
 tions for the faiafeveral Wards, Pre- 
 cra6ls and Parilhcs, to Tax and Rate 
 the (cTcral Inhabitants) within the faid 
 lefpeftive Wards , , Predfidiis and Pa- 
 rities V in which Taxif aoy'fhall find 
 hhpfclf agtlcVcd, or they arc to ap- 
 peal to the Jufttces of the, Peace at their 
 next open Sciiions, where the bulihefs is 
 to be finally ended. 14 Car. 2. Ck 12.. 
 
 12. And any' Aldcrma'p pfXo«fifo»,or 
 hfs Deputy,' BurgeiTes and jhfilices of 
 Ifecfe of the Cohrtties of A^Ahfek and 
 'warrant ufider' tWelr Tfands 
 and Seals, fhfa'y Authorize the Church- 
 wardens^, dl' ■Overfeers of 'the Poor 
 within the Places and Parilhes afore- 
 faid, tp reee|ve and - demand of 'every 
 p^rfon and ^erfons fneh Ihms oThioney 
 is fhalibe a'tcfled tipon therri) by Vertue 
 of the Taxitibhb and ConliituHonS a- 
 fbrefaid ; ' and for defadft of payment 
 tvithb ten days after demand oy notice 
 left at' tl^’ dwelftng holtfe or lbig|ng 
 of ‘es'crVrperfon a'Selted, . yh^ t 6 levy 
 ■ by ' piM: and, salt of life , 
 Cbd3^,''Vendrin4‘‘ht& \ht^bvexp’us. 14 
 Car.z.Cht X2. 
 
 >3. The 
 
2^6 jI Guide , for 
 
 13. The refpedive Prefident and Go- 
 ▼einours, or feven of them may make 
 and conftltute Orders and By*laws for 
 the better relieving) regulating, and fet- 
 ting the Poor to work, apprehending 
 and puniihing of Rogues , and . Vaga- 
 bonds, within the Cities, Liberties, and 
 places afotefaid, provided the faid By- 
 Laws be preiented to the Juftices of 
 Peace at their Quarter SeiEons, and con- 
 firmed by the order of the faid Court > 
 And the Prefidents and Governours, or 
 four of them of any of the. faid Corpo- 
 rations or Work-houfes , may choofe 
 and entertain all fuch OfEce|rs ^s (hall be 
 needful to he imployed.ip aqd about the 
 prerailTes, and remove them as they, fee 
 caufe, ^and make fuch reafbnable allow- 
 ance? unto them out of the$tock belongr 
 ing to the Work-honfe , as they (ball 
 think hr. i4Car. 2. CL 12. 
 
 14. This A(^ is not, to prejudice any 
 
 the FranchifeS) Rights, Liberties, or 
 ^rivlledges heretofore grantedj by any 
 JSirigs obOgeens of this Realttu to the 
 iDean and Chapter , of the Cvilegigte 
 Church of St, Teters in Wefmmpir, 14 
 Cw.z.Cbtiz, ' 
 
 FINIS. 
 
 K 
 
? 77 . 
 
 A 
 
 GUIDE 
 
 FOR 
 
 BAYLIFFS 
 
 ; •: • . ; 'i 1 ' . • 
 
 ^ ■ :0 F - . ■ 
 
 m'annours. 
 
 iij- j 
 
 f, . " • , ! 7 ' ! . ' ■ ..V 
 
 I. i Ivtannor.is 
 
 I an Officer chofen by the 
 Lord of the Mannor, and 
 this Officer by. the ancient 
 Saxons wa$ call|:djij^efc, ,,ibr the panne 
 Bayliff was not known amonj^l^thetnv 
 but came in with the Nomafu it feems. 
 Termes de Ley^ verb. Bayliff. ■. 
 
 2. This Officei is to Sammon and 
 
 ... « . - 
 
278 A Guide for 
 
 call the Lords Courts, and to colled 
 his Rents, Fines, Herriots, and Atna- 
 ciaments , and other profits hapning 
 within the Mannor as they grow due » 
 and he may feize or diftrain for them ex 
 where feizure and dillrefs is -ju- 
 ftifiable without any fpecial command 
 bf the Lord, he may alfo pay Quit- 
 Rents. Termes de Ley^ ubi fupra. 
 
 3. It IS iaid he may alio order his 
 Lords Husbandry, diffrain Bealls, da- 
 mage Feafant, .repair any Houfes, Hays, 
 or Pdes, and for that purpofe cut 
 down Timber or Trees : but it Is not 
 fafe for him to build a new Houfe, or 
 “P Houte that is fain, or to 
 
 make' any new' Additions or Alterati- 
 ons as to Tyle the Houfe, which betb/e 
 was Thatched, or pale it where before 
 it was hedged, or the like, without a 
 fpecial commahd from his ' Coj&S’fo to 
 do i for other wife be will h6$ Tref- 
 paffer fo'fheLord. ' 
 
 4* It is laid allb, .that he may fake 
 any Catterfor his Lofd B =}fcmpolFhis 
 ground as an Agolbhiot, ^ndcuf dbwij 
 Underwoods that hivc'beeq u|fca' B ht 
 cur, and he is to over-fee and bfdet 
 the Labour of other Labourds and 
 
 Servants 
 
Bayliff of Manner f. 2 jp 
 
 Servants under him about his Lords 
 work. 
 
 5. And ladly, Thefe Officers are to 
 give Account to their Lords of all their 
 Receipts and Disburfemcnts , and pay 
 into him the money remaining in their 
 hands, being required thereunto; and 
 if they refufe, the Lord may compel 
 them thereunto by an Adion of Ac- 
 count given to him for his Relief in fuch 
 cafe. Bro.Baylijf, 31, 8 £. 4. yj. 13. 
 
 FINIS, 
 
28 i 
 
 A 
 
 GUIDE 
 
 FOR 
 
 governours 
 
 FAmS. 
 
 Owner, Governour, Ra- 
 I ler, Farmer , Steward, Bay- 
 lilf, or Chief Keeper of eve- 
 ry Fait and Market overt, are to ap- 
 point and limit out a certain and open 
 place, within the Town, Place, Field, 
 or Circuit, where Horfes , Mate^ 
 Geldings, and Colts tnuft be fold, ^^nd 
 
2^2 Guide for 
 
 they muft appoint one fufficient perfon 
 or more to take Toll, and keep the 
 iame place from ten of the clock before 
 Noon until Sun-iet of every day of 
 the aforefaid Fair or Market , upon 
 pain to lofe for every default 40 (hil- 
 lings. 2, 3 P. M. Ck 7. Co. 2. Tart. Infl, 
 fo.Ji'S. 
 
 2. And the Toll-gatherer, his Depu- 
 ty or Deputies are to take their due and 
 kwful Tolls for every Horfe , Mare, 
 
 A a * aforefaid : 
 
 And they are to have before them at 
 the taking of the faid Toll, the Par- 
 ties to the Bargain, Exchange, Gift, 
 ^on trad-, or putting away of every 
 fucii Horfe , Mare, and alfo the 
 lame Horfe, Marc, &c. fo fold, exchang- 
 ed, or pufaway, and then the Toll- 
 ^therer mull write in his Book the 
 Names, Sirnames, and dwelling places 
 parties, and the colour 
 With One fpecial mark at the lea/l of 
 the faid Horfe, Mare, &c. on pain to 
 lorfeit for every default 40 fliillings. 
 2 , 3 P. M. Ch. 7. Co. 2. Tart. Inih fo. 
 
 715* 
 
 ^ 3 * And the faid Toll-gatherer is with- 
 in one day after the Fair, &c. to bring 
 
 his 
 
CovtrnoHrs of Fain. 
 
 his Book to the Owner, Governour or 
 RuIeF) &c, of the Fsir, or Market, who 
 is then to caufe a note to be made out 
 of the fame -, of the true number of 
 all the Horfes, Mares, Sold at the 
 faid Fair or Market , to which note 
 he muft fet his hand or mark, on pain 
 of 40 (hillings : And if the Toll-ga- 
 therer negle<a to bring the Book as 
 aforefaid, he alfo forfeits 40 (hillings, 
 a, 5 P, iV/, Crb. 7. Co. 2, Part, Jttji, fo. 
 
 715- 
 
 4. Note, That where no Toll is due, 
 the Book-keepers Fee for entring eve- 
 ry Contradf, is one peny and no more. 
 2, 3 P. M. Cb, 7. Co. 2. Part. lift. fo. 
 7 i<J. 
 
 5. Now fince the making of this Stat, 
 2y ^ P.& M, It is further provided by 
 the 3 • E//z. That every Seller or Ex- 
 changer of any Horfe, Mare, &c. in 
 a Fair or Market, which is unknown 
 to the Toll- taker or Book-keeper, 
 mun procure one credible pcrfon that 
 is well known to the Toll-keeper, or 
 Book-keeper , who is to vouch and 
 te/iirie his knowledge of the Seller, 
 and the Toll-taker or Book-keeper 
 is to enter both the Names and 
 
 Sir- 
 
2S4 A^uide for 
 
 Sir names , M'?^i#iries and Places of 
 dwelling of the Seller and Voucher in- 
 fo his Book, with the colour, mark, and 
 price of the Horft, Mare, &c, fo fold 
 or exchanged » and he is to give the 
 Buyer, if he require it, a note in wri- 
 ting out of his Book, concerning the 
 Contra( 3 : fublcribcd with his hand, for 
 which he is to have two pence. % i 
 Ch. 12, Co, 2:Part.Jn^. fo.’/iyy^ 7 ^^' 
 
 6. Every Toll-taker or Book-keeper 
 that Suffers a Sale to pafs without a 
 Voucher, unlefs he know the party of 
 his own knowledg as aforefaid, and e- 
 very pcrfoa making falfe Teftimony or 
 Avouchment in the behalf aforefaid, and 
 every Seller unknown to the Toll-taker, 
 not bringing a Voucher, and caufing 
 the fame to be entered as aforefaid, for- 
 feits five pounds, one moiety thereof to 
 the King, and the other to the Profecu- 
 tori and alfo the fale of fuch Horfe, 
 Mare, &c. to be void. 31' Eli Ch, 12. 
 Co. 2, Part. Inft. fo. 71%, 
 
 7. And note, That though an Horfe, 
 Mare, ^c, be at the fale ufed in all the 
 points aforefaid , with Voucher ,. &c, 
 yet the right owner, his Ejcecutors or 
 Adminiftrators , may redeem a ftoln 
 
 Horfe, 
 
Gevernourt cfFatrf. 285 
 Horfe , if they claim him within fix 
 months after the fiealing, at the Fariih 
 or Corporations where they (hall find 
 him, and make proof within. 40 days 
 after by two fufficient WitnelTes before 
 the next Juftice of Peace of the Coun- 
 
 ty, ©r before the Head Officer in a 
 Corporation, that the Horfe was theirs* 
 and repay to the Buyer fuch price for 
 the Horfe, as the fame Buyer (hall upon 
 his own Oath before fuch Jufiice ot 
 ficer teflifie he paid for hitn. 3 1 El. Ch, 
 12. Wingate's Stat.T'it, Fairs and Mar~ 
 kfts. Co. 2. Fart. Inft. fi.'jiS, 
 
 8. And if a ftoln Horfe be not fold 
 in Fair or Market, according to the 
 Rules aforefirid, then fuch fale does not 
 alter the property of the right Owner, 
 but he may Seize or Replevy him 
 whereibever he finds him. 31 El.Ch. 12, 
 Wingate^ 5 ubi fufra. Co. 2. Part, Jnji.fb. 
 718. 
 
 By the Stat. 22 Car. 2. cap. 8. There 
 fhall be no Bulhel but the Winche- 
 
 fter Buihel , yconfaliiing eight gal- 
 lons, and none (hall fell by other mea- 
 fure. 
 
 If the ClerH of the Market of the 
 KingS'houfe, or others authorized to 
 
 mark 
 
aStJ A Guide for^ 3 cc. 
 mark or feal Meafures, being required 
 fliall negleft or refufe to feal or mark 
 any Buihel, Half Bufhel, or Peck duly 
 gauged, he forfeits 5 /. for the firft of- 
 fence, and for every other offence 10 /. 
 Or if the Kings Clerk of the Market of 
 his Houfe take more than his Fees > or 
 if any other take above one peny for 
 feah’ng a Bufhel, one half peny for the 
 Half Bufhel or Peck, or more than one 
 . Farthing for any lelTer Meafure , he 
 incurs the Penalties in the Statute 17 
 Car. I. 
 
 That at the charge of fuch perfi^s 
 who have the Toll, or profit of the 
 Market where no Toll is taken, there 
 (hall be before 2p. Sept. i6yo. one 
 Meafure of Brals provided and chained 
 in the Market place , upon pain to for- 
 feit 5 A 
 
 F I N I S. 
 
^CjjLnm : 
 
 I