Certaine statutes especially selected, and commanded by his Maiestie to be carefully put in execution by all iustices, and other officers of the peace throughout the realme with his Maiesties proclamation for further direction for executing the same. Also certaine orders thought meete by his Maiestie and his Priuie Counsell, to bee put in execution, together with sundry good rules, preseruatiues, and medicines against the infection of the plague, set downe by the Colledge of the Physicians vpon his Maiesties speciall command: as also a decree of the Starre-Chamber, concerning buildings and in-mates.

Anno xliij. Reginae Elizabethae.

❧An Acte for the reliefe of the Poore.

BE it enacted by the autho∣rity of this present Parlia∣ment, that the Churchwar∣dens of euery Parish, and foure, three, or two substan∣tiall housholders there, as shall be thought meete, ha∣uing respect to the proportion and greatnes of the same Parish and Parishes, to bee no∣minated yeerely in Easter weeke, or within one moneth after Easter, vnder the hand and Seale of two or more Iustices of the Peace in the same Countie, whereof one to be of the Quorum, dwelling in or neere the same Parish or diuision, where the same Parish doeth lie, shall bee called Ouerseers of the poore of the same Parish.

And they, or the greater part of them shal take order from time to time, by, and with the consent of two or more such Iustices of Peace, as is aforesayd, for setting to worke of the children of all such whose parents shal not by the said Churchwardens, and O∣uerseers, or the greater part of them, bee thought able to keepe and maintaine their children. And also for setting to worke all

such persons married, or vnmarried, hauing no means to maintaine thē, vse no ordinary & daily trade of life to get their liuing by, and also to raise weekly or otherwise (by taxation of euery Inhabitant, Parson, Vicar, and o∣ther, & of euery occupier of Lands, Houses, Tithes impropriate, or Propriations of tithes, Colemines, or saleable vnderwoods in the said Parish, in such competent summe and sums of money, as they shal thinke fit) a conuenient stocke of Flaxe, Hempe, Wooll, Threed, yron, & other necessary ware & stuffe to set the poore on work, and also competent summes of money, for, and towards the ne∣cessary reliefe of the lame, impotēt, old, blind, and such other among them being poore, and not able to worke, & also for the putting out of such children to be apprentices, to bee ga∣thered out of the same Parish, according to the ability of the same Parish, and to do, and execute all other things, aswell for the dispo∣sing of the said stocke, as otherwise concer∣ning the premisses, as to them shal seem con∣uenient. Which said Church wardens & O∣uerseers so to be nominated, or such of them as shall not be let by sicknesse, or other iust ex∣cuse, to bee allowed by two such Iustices of Peace or more, as is aforesaid, shall meete to∣gether at the least once euery moneth in the Church of the said parish, vpon the Sunday in y^e afternoone, after diuine Seruice, there to consider of some good course to bee taken,

and of some meet order to be set down in the premisses, & shal within foure daies after the end of their yeere, & after other Ouerseers nominated as aforesaid, make & yeeld vp to such two Iustices of peace as is aforesaid, a true and perfect account of al summes of mo∣ney by them receiued, or rated and sessed, and not receiued, and also of such stocke as shalbe in their hands, or in the hands of any of the poore to worke, and of all other things con∣cerning their said office, and such summe or summes of money as shall be in their hands, shal pay and deliuer ouer to the said Church∣wardens and Ouerseers, newly nominated and appointed as is aforesaid, vpō paine that euery one of them absenting themselues without lawfull cause as aforesaid, frō such monethly meeting for the purpose aforesaid, or being negligent in their office, or in the ex∣ecution of the orders aforesaid, being made by and with the assent of the said Iustices of Peace, or any two of them before mentio∣ned, to forfeit for euery such default of ab∣sence, or negligence, twenty shillings.

And be it also enacted, that if the said Iu∣stices of Peace doe perceiue that the Inhabi∣tants of any parish are not able to leuy amōg themselues sufficient summes of money for the purposes aforesaid: that then y^e said two Iustices shall and may taxe, rate and assesse, as aforesaid, any other of other Parishes, or out of any parish within the Hundred where

the said Parish is to pay such summe and summes of money to the Churchwardens & Ouerseers of the sayd poore Parish, for the said purposes, as the said Iustices shal think fit, according to the intent of this Law. And if the said Hundred shal not be thought to the said Iustices, able, and fit to relieue the sayd seuerall parishes not able to prouide for themselues as aforesaid, Then the Iustices of Peace at their generall quarter Sessions, or the greater number of them, shal rate and assesse, as aforesayd, any other of other Pari∣shes, or out of any Parish within the said Countie for the purposes aforesaid, as in their discretion shall seeme fit.

And that it shall be lawfull aswell for the present as subsequent Churchwardens and Ouerseers, or any of them, by warrant from any two such Iustices of Peace as is afore∣said, to leuie aswel the said summes of mo∣ney and all arrerages of euery one that shall refuse to contribute according as they shall be assessed, by distresse and sale of the offen∣dors goods, as the summes of money, or stock which shalbe behind vpon any account to be made as aforesayd, rendring to the par∣ties the ouerplus, and in defect of such di∣stresse, it shalbe lawfull for any such two Iu∣stices of the Peace, to commit him or them to the common Gaole of the County, there to remaine without baile or maineprise, vntill paiment of the said sum, arrerages & stocke,

And the sayde Iustices of Peace, or any of them, to send to the house of correction or common Gaole such as shall not employ themselues to worke, being appointed ther∣unto as aforesaid: And also any two such Iustices of Peace, to commit to the said pri∣son, euery one of the sayd Churchwardens and Ouerseers, which shall refuse to ac∣compt, there to remaine without Baile or maineprise, vntill he haue made a true ac∣compt, and satisfied and payd so much as vp∣on the sayd accompt shall bee remaining in his hands.

And be it further enacted, that it shall be lawfull for the said Churchwardens and O∣uerseers, or the greater part of them, by the assent of any two Iustices of the Peace a∣foresayd, to bind any such children as afore∣said, to be apprentices, where they shall see conuenient, till such man child shall come to the age of foure and twenty yeeres, and such woman childe to the age of one and twentie yeres or the time of her mariage: The same to be as effectuall to all purposes, as if such child were of full age, and by Indenture of couenant bound him or her selfe. And to the intent that necessarie places of habitation may more conueniently be prouided for such poore impotent people, Be it enacted by the authoritie aforesaid, that it shall and may be lawfull for the said Churchwardens and Ouerseers, or the greater part of them, by

the leaue of the Lord or Lords of the Man∣nour, whereof any waste, or Common with∣in their Parish is or shall be parcell, and vp∣on agreement before with him or them made in writing vnder the hands and seales of the sayd Lord and Lords or otherwise, ac∣cording to any order to be set downe by the Iustices of Peace of the sayde Countie at their Generall quarter Sessions, or the greater part of them, by like leaue and a∣greement of the said Lord or Lords, in wri∣ting vnder his or their hands and seales, To erect, builde and set vp in fit and conuenient places of habitation, in such Waste or Com∣mon, at the generall charges of the Parish, or otherwise of the Hundred or Countie as aforesayd, to be taxed, rated and gathered, in maner before expressed, conuenient hou∣ses of dwelling for the sayd impotent poore, and also to place Inmates or more families then one in one cottage or house, One Acte made in the one & thirtieth yeere of her Ma∣iesties Reigne, intituled, An Acte against the erecting and maintaining of Cottages, or any thing therein contained to the con∣trarie notwithstanding. Which Cottages and places for Inmates shal not at any time after be vsed or imployed to or for any other habitation, but only for impotent and poore of the same Parish, that shall be there pla∣ced from time to time by the Churchwar∣dens and Ouerseers of the poore of the same

Parish or the most part of them, vpon the paines and forfeitures contained in the said former Acte made in the sayd one and thir∣tieth yeere of her Maiesties reigne.

Prouided alwayes, that if any person or persons shall finde themselues grieued with any Sesse or Taxe, or other Acte done by the sayde Churchwardens and other per∣sons, or by the sayde Iustices of Peace, that then it shall be lawfull for the Iustices of Peace, at their generall quarter Sessi∣ons, or the greater number of them, to take such order therein as to them shalbe thought conuenient, and the same to conclude and binde all the sayd parties.

And be it further enacted, That the Fa∣ther and Grandfather, and the Mother, and Grandmother, and the children of e∣uery poore, olde, blinde, lame, and impo∣tent person, or other poore person, not able to worke, being of a sufficient abilitie, shall at their owne charges relieue and main∣taine euery such poore person in that man∣ner, and according to that ra••e, as by the Iu∣stices of Peace of that Countie where such sufficient persons dwell, or the greater number of them, at their generall quar∣ter Sessions shall bee assessed, vpon paine that euery one of them shall forfeit twentie shillings for euery moneth which they shall faile therein.

And be it further hereby enacted, That

the Maiors, Bayliffes, or other head Offi∣cers of euery towne and place corporate, and city within this Realme, being Iustice or Iustices of Peace, shall haue the same au∣thoritie by vertue of this Acte, within the limits and precints of their Iurisdictions, aswell out of Sessions as at their Sessions, if they holde any, as is herein limitted, pre∣scribed, and appointed to Iustices of Peace of the Countie, or any two or more of them, or to the Iustices of Peace in their quarter Sessions, to doe and execute for all the vses and purposes in this Acte prescribed, and no other Iustice or Iustices of Peace to enter or meddle there. And that euery Alderman of the City of London within his Ward, shall and may doe and execute in euery re∣spect, so much as is appointed and allowed by this Acte to be done and executed by one or two Iustices of Peace, of any Countie within this Realme.

And be it also enacted, That if it shall hap∣pen any Parish to extend it selfe into more Counties then one, or part to lie within the Liberties of any Citie, Towne, or place cor∣porate, and part without, that then as well the Iustices of Peace of euery Countie, as also the head Officers of such City, Towne, or place corporate, shall deale and entermed∣dle onely in so much of the said Parish, as ly∣eth within their liberties, and not any fur∣ther. And euery of them respectiuely within

their seuerall Limits, Wards and Iurisdic∣tions, to execute the ordinances before men∣tioned concerning the nomination of Ouer∣seers, the consent to binding Apprentices, the giuing warrant to leuie taxations vn∣payd, the taking accompt of Churchwar∣dens and Ouerseers, and the committing to prison such as refuse to accompt, or deny to pay the arrerages due vpon their accompts.

And yet neuerthelesse, the sayd Church∣wardens and Ouerseers, or the most part of them of the sayd Parishes, that doe extend into such seuerall Limits and Iurisdicti∣ons, shall without diuiding themselues, due∣ly execute their office in all places within the sayd Parish, in all things to them belon∣ging, and shall duely exhibite and make one accompt before the sayd head Officer of the Towne or place Corporate, and one other before the said Iustices of Peace, or any such two of them as is aforesaid.

And further be it enacted by the authori∣ty aforesaid, That if in any place within this Realme there happen to bee hereafter no such nomination of Ouerseers yeerely as is before appointed, that then euery Iustice of Peace of the County dwelling within the diuision, where such default of nomination shall happen, and euery Maior, Alderman and head Officer, of City, Towne, or place Corporate, where such default shall happen, shall lose and forfeit for euery such default

fiue pound, to bee imployed towards the re∣liefe of the poore of the sayd Parish, or place Corporate, and to be leuied as aforesaid of their goods by warrant from the generall Sessions of the Peace of the sayd Countie, or of the same Citie, Towne, or place Corpo∣rate, if they kepe Sessions.

And bee it also enacted by the authority a∣foresayd, that all penalties and forfeitures, before mentioned in this Act to bee forfeited by any person or persons, shall go and be im∣ployed to the vse of the poore of the same Pa∣rish, and towards a stocke and habitation for them, and other necessary vses and reliefe as before in this Act are mentioned and expres∣sed, and shalbe leuied by the said Churchwar∣dens and Ouerseers, or one of them, by war∣rant from any two such Iustices of Peace, or Maior, Alderman, or head Officer of Citie, Town or place corporate, respectiuely with∣in their seuerall limites by distresse and sale therof, as aforesaid, or in defect therof, it shal be lawful for any two such Iustices of peace, and the said Aldermen and head Officers within their seuerall limits, to commit the offendor to the said prison, there to remaine without baile or maineprise, till the said for∣feitures shalbe satisfied and payed.

And be it further enacted by the authori∣tie aforesayd, that the Iustices of Peace of e∣uery Countie or place corporate, or the more part of them in their general Sessions to be

holden next after the feast of Easter next, and so yeerely as often as they shall thinke meet, shall rate euery Parish to such a weekely summe of money as they shall thinke conue∣nient, so as no Parish bee rated aboue the summe of sixe pence, nor vnder the summe of a halfepeny, weekely to bee payd, and so as the totall summe of such taxation of the Pa∣rishes in euery County, amount not aboue the rate of two pence for euery Parish with∣in the said County. Which summes so taxed, shall be yeerely assessed by the agreement of the Parishioners within themselues, or in default thereof, by the Churchwardens and petie Constables of the same Parish, or the more part of them, or in default of their a∣greement, by the order of such Iustice or Iu∣stices of Peace, as shal dwell in the same Pa∣rish, or (if none be there dwelling) in the parts next adioyning. And if any person shal refuse or neglect to pay any such portion of money so taxed, it shall be lawfull for the said Churchwardens and Constables, or any of them, or in their default for any Iustice of Peace of the sayd limite, to leuie the same by distresse, and sale of the goods of the party so refusing or neglecting, rendring to the party the ouerplus, and in default of such distresse, it shalbe lawful to any Iustice of that limite, to commit such person to the sayd prison, there to abide without baile or maineprise, till he haue payed the same.

And be it also enaced, That the said Iusti∣ces of the Peace at their generall quarter Sessions to bee holden at the time of such taxation, shall set down what competent sums of money shalbe sent quarterly out of euery County or place corporate, for the re∣liefe of the poore prisoners of the Kings Bench, and Marshalsey, & also of such Hospi∣tals, and almes houses, as shal be in the said County, and what summes of money shalbe sent to euery one of y^e said Hospitals, & almes houses, so as there bee sent out of euery County yerely xx. s. at the least to each of the said prisons of the Kings Bench, and Mar∣shalsey, which summes ratably to be assessed vpon euery parish, the Churchwardens of e∣uery Parish shall truely collect and pay ouer to the high Cōstables in whose diuision such Parish shall be scituate, from time to time quarterly ten dayes before the end of euery quarter, and euery such Constable at euery such quarter Sessions in such County, shall pay ouer the same to such two Treasurers, or to one of them, as shall by the more part of the Iustices of Peace of the County, be elec∣ted to be the said Treasurers, to be chosen by the Iustices of Peace of the said County, Ci∣tie, or Towne, or place corporate, or of others which were sessed and taxed at fiue pound lands, or ten pound goods at the least, at the taxe of Subsidie next before the time of the said Election to be made.

And the said Treasurers so elected, to con∣tinue for the space of one whole yere in their office, and then to giue vp their charge with a due account of their receipts and disburse∣ments, at the quarter Sessions to be holden next after the feast of Easter in euery yeere, to such others as shall from yeere to yeere in forme aforesayd successiuely be elected Trea∣surers for the said County, Citie, Towne, or place corporate, which said Treasurers or one of them shall pay ouer the same to the Lord chiefe Iustice of England, and knight Marshal for the time being, equally to be di∣uided to the vse aforesaid, taking their ac∣quittance for the same, or in default of the said chiefe Iustice, to the next ancientest Iu∣stice of the Kings Bench as aforesaid.

And if any Churchwarden or high Con∣stable, or his executors or administrators, shall faile to make paiment in forme aboue specified, then euery Churchwarden, his exe∣cutors or administrators, so offending, shall forfeit for euery time the summe of ten shil∣lings, and euery high Constable, his execu∣tors or administrators, shall forfeit for euery time, the summe of xx. s, the same forfetures together with the summes behinde, to be le∣uied by the said Treasurer and Treasurers, by way of distresse and sale of the goods as af••resayd, in forme aforesaid, and by them to bee imployed towards the charitable vses comprised in this Act.

And be it further enacted, That all the surplusage of money which shall bee remai∣ning in the said Stocke, of any County, shal by discretion of the more part of the Iustices of Peace in their quarter Sessions, be orde∣red, distributed and bestowed for the reliefe of the poore Hospitals of that Countie, and of those that shall sustaine losses by fire, wa∣ter, the Sea, or other casualties, and to such other charitable purposes, for the reliefe of the poore, as to the more part of the said Iu∣stices of Peace shall seeme conuenient.

And bee it further enacted, That if any Treasurer elected, shall wilfully refuse to take vpon him the sayd office of Treasurer∣ship, or refuse to distribute and giue reliefe, or to account according to such forme as shal be appointed by the more part of the sayde Iustices of Peace, That then it shall be law∣full for the Iustices of Peace in their quar∣ter Sessions, or in their default, for the Iu∣stices of Assize, at the Assizes to be holden in the same Countie, to fiue the same Treasu∣rer by their discretion: the same fiue not to be vnder three pound, and to bee leuied by sale of his goods, and to be prosecuted by a∣ny two of the said Iustices of Peace, whom they shall authorize.

Prouided alwayes, that this Act shall not take effect vntill the Feast of Easter next.

And be it enacted, that the Statute made in the nine and thirtieth yeere of her Maie∣sties

reigne, entituled, An Acte for the reliefe of the poore, shall continue and stand in force vntill the Feast of Easter next, And that all Taxations heretofore imposed and not pay∣ed, nor that shalbe payed before the said feast of Easter next, And that all Taxes hereaf∣ter before the sayd Feast, to be Taxed by ver∣tue of the sayd former Act, which shall not be payed before the sayd Feast of Easter, shall and may after the said Feast of Easter, be le∣uied by the Ouerseers and other persons in this Act respectiuely appointed, to leuie tax∣ations by distresse, and by such warrant in euery respect, as if they had bene taxed & im∣posed by vertue of this Act, & were not payd.

Prouided alwayes, that whereas the I∣land of Fowlenesse in the Countie of Essex, being inuironed with the Sea, and hauing a Chappell of ease for the inhabitants there∣of, and yet the said Iland is no Parish, but the Lands in the same are scituated within diuers Parishes, farre distant from the same Iland, Be it therefore enacted by the autho∣ritie aforesaid, that the said Iustices of peace shall nominate and appoint Inhabitants within the saide Iland to be Ouerseers for the poore people dwelling within the sayde Iland, and that both they the sayd Iustices, and the said Ouerseers shall haue the same power and authoritie to all intents, consi∣derations and purposes, for the execution of the parts and articles of this Acte, and

shall be subiect to the same paines and forfei∣tures, and likewise that the inhabitants and occupyers of lands there, shall be liable and chargeable to the same paiments, charges, expences, and orders in such manner and forme as if the same Iland were a Parish. In consideration whereof, neither the sayd inhabitants or occupiers of land within the sayd Iland, shall not be compelled to contri∣bute towards the reliefe of the poore of those Parishes, wherein their houses or landes which they occupy within the sayd Iland are situated, for or by reason of their sayd ha∣bitations or occupyings, other then for the reliefe of the poore people within the sayd I∣land, neither yet shall the other inhabitants of the Parishes wherein such houses or lands are situated, be compelled, by reason of their resiancie or dwelling, to contribute to the reliefe of the poore inhabitants with∣in the sayd Iland.

And be it further enacted, that if any Acti∣on or Trespasse, or other suite shal happen to be attempted & brought against any person or persons for taking of any distresse, making of any sale, or any other thing doing, by au∣thority of this present Acte: The defendant or defendants in any such action or suit, shall & may either plead not guilty, or otherwise make Auowry, Cognisance, or Iustification, for the taking of the sayd distresses, making of sale, or other thing doing, by vertue of this

Act, alleaging in such Auowry, Cognisance, or Iustification, That the sayd distresse, sale, trespasse, or other thing whereof the plain∣tife or plaintifes complained was done by authority of this Acte, and according to the tenor, purport, and effect of this Acte, with∣out any expressing or rehearsall of any other matter of circumstance contained in this present Acte. To which Auowrie, Cogni∣sance, or Iustification, the plaintife shall be admitted to reply, That the Defendant did take the sayd distresse, made the said sale, or did any other Acte or Trespasse, supposed in his declaration of his owne wrong, without any such cause alleaged by the said Defen∣dant, whereupon the issue in euery such Ac∣tion shall be ioyned, to be tried by verdict of twelue men, and not otherwise, as is accu∣stomed in other personall actions. And vpon the triall of that issue, the whole matter to be giuen on both parties in euidence, accor∣ding to the very trueth of the same. And af∣ter such issue tryed, for the defendant or non∣suite of the Plaintife, after appearance, the same Defendant to recouer treble damma∣ges, by reason of his wrongfull vexation in that behalfe, with his costes also in that part susteined, and that to be assessed by the same Iurie, or writ to enquire of the dammages, as the same shall require. Prouided alwayes that this Acte shall endure no longer then to the end of the next Session of Parliament.

Notes

• The Church∣wardens of e∣uery Parish, & other substan∣tiall houshol∣ders yeerely to be nominated at Caster, to be Ouerseers for the poore.
• Children of the poore to be set to worke.
• A stocke of Fl••xe, & Hemp &c. to be raised.
• The Church∣wardens and Ouerseere to meete together once euery moneth.
• Account to be giuen by the Ouerseers to two Iustices of Peace.
• Other Pari∣shes within the Hundred, to be taxed towards the reliefe of poore parishes.
• How to leuie money of such as refuse to pay.
• Punishment of such as wil not worke.
• Poore children to be put ap∣prentices by the Churchwar∣dens and O∣uerseers.
• Dwelling pla∣ces for impo∣tent poore to be built.
• Order for such as are grieued with any Sesse or Taxe.
• Parents, &c. b••ing able, shal maintain their owne poore.
• Maiors, Bay∣liffes, &c. of townes corpo∣rate, to haue authoritie as Iustices of Peace.
• Euery Alder∣man of Londō to haue autho∣rity as two Iu∣stices of Peace.
• Iustices &c. to meddle onely in their owne Liberties.
• A double ac∣count to be made.
• Forfeiture for not nomina∣ting Ouer∣seers.
• Penalties and forfeitures to bee imployed to the poores vse.
• Parishes to be rated at the ge∣nerall Sessi∣ons.
• Leuying of summes of money rated.
• Reliefe of the prisoners in the ••ings Bench, Marshalsey, Hospitals, &c.
• Treasurers for a yeere, and to giue vp their account at the yeeres end.
• L. chiefe Iu∣stice, Knight Marshall.
• Churchwar∣den or high Constable fai∣ling paiment.
• How the sur∣plusage shalbe bestowed.
• Refusing to be Treasurer to giue the reliefe appointed.
• A former Sta∣tute for reliefe of the poore.
• The Iland of Fowlenesse.
• The defen∣dants plea in a suite com∣menced a∣gainst him.