A new guide for constables, headboroughs, tythingmen, church-wardens, overseers and collectors for the poor, surveyors for amending the highways and bridges with directions for keepers of fairs and markets, and treasurers for the relief of poor maimed soldiers and mariners : containing not only whatsoever may be useful to them in the execution of their several offices, that is already extant in any book of this kind, but also the heads of all those statutes which do concern any of the said offices that have been since made in the reigns of the late King Charles, King James, and their present Majesties, King William and Queen Mary : being the most compleat of any work of this nature / collected by J.P. Gent.

THE OFFICE OF THE Overseers of the Poor.

CHAP. I. Of the Antiquity of these Officers, of their Quali∣fications, and how, and when to be chosen.

THose to be chosen to this Office, ought to be substantial P••rsons, Men of Wisdom and a good Conscience; they must be Housholders, for this Name and Of∣fice may beseem the Best, and not the meanest Men, (it being an Office of great Antiquity and Excellency;) For as God himself hath a special Respect to the Miseries of the Poor, so they be like God that provide for the Neces∣sities of the Poor, Dalt. J.P. 143.

The Overseers of the Poor are to be chosen yearly, and joyned with the Churchwardens of the Parish in the oversight and ordering of the Poor of the Parish. They are to be chosen by two or more Justices of the Peace, (one whereof to be of the Quorum) who are

yearly under their Hands and Seals at Easter, or within one Month after, to appoint four, three, or two substantial Housholders, accord∣ing to the greatness of the Parish, to be joyn∣ed with the Churchwardens to look to the Poor of the Parish, Stat. 43 Eliz. c. 2. 21 J••••. c. 28.

The major part of these Officers, without the rest of them, may do any thing belonging to their Office. But they are to have the allowance and consent either in particular, or in general, of two Justices of the Peace (Quor. unus) to every thing they do about their Office. And these Of∣ficers, or such of them as shall not be let by just excuse (to be allowed by two Justices) are to meet monthly in the Church, on Sunday after Evening Prayer, and there are to consider of some meet directions about their Office, and they are to use all possible diligence in their Office on pain to forfeit for every such Default twenty shillings, 43 El. c. 2. Wing••tes Stat. Tit. Poor People.

And if it happen that Overseers be not ap∣pointed according to the 4•• El. then every Ju∣stice of Peace, or Head Officer of that Division or Corporation shall forfeit 5 l. to be levied by a Sessions Warrant, and imployed to the use of the Poor of the Parishes where such de∣fault is made, 43 El. c. 2. Wingates Stat. Tit. Po•••• People.

CHAP. II. Of the several sorts of Poor People, and what Poor the Overseers are to provide for, and relieve, or to set to work.

THere are three sorts or degrees of Poor, as first, the Poor by Impotency and De∣fect, as the Aged and Decrepit that are past their Labour; the Infant, Fatherless and Mo∣therless, and not able to work; the Person natu∣rally disabled either in Wit or Member, as an Ideot, Lunatick, Blind, Lame, &c. not being able to work; and the Person visited with grievous Sickness or Disease, though casually, yet thereby for the time being impotent. All these the O∣verseers are to provide for, that they have ne∣cessary Relief, and Allowances proportionable, and according to the continuance and measure of their Maladies and Needs, and of these it may be said, Si non pavisti, occidisti, Dalt. J.P. c. 73. f. 169.

Then secondly, The Poor by Casualty, as a Person casually disabled or maimed in his Body, as the Soldier or Labourer, &c. maimed in their lawful Callings, the Housholder decayed by casualty of Fire, Water, Robbery, Suretiship, &c. and the poor Man over-charged with Chil∣dren: All these (and such like others) having Ability, and strength of Body, but not sufficient Means to maintain themselves, are to be set to work by the Overseers, and being not able to live by their Work, they are in Charity to be re∣lieved in some reasonable proportion, according

to their several Wants and Necessities, D•••• J.P. c. 73. f. ibid.

Then lastly, The thristless Poor, as the ri••¦tous and prodigal Person, that consumes all wi•••• Play or Drinking, &c. the dissolute Person, as th•• Strumpet, Pilferer, &c. the slothful Person th•• refuseth to work, &c. and the Vagabond th•• will abide in no place or service; and for all the•• the House of Correction is the place where they are to be sent to, and being of able Bodies, the•• they are to be held to hard Labour, and to main∣tain themselves by their Labour and Work, with∣out charging the Town or County for any Al∣lowance, 7 Jac. c. 4 Dalt. J.P. c. 73. fol. 170.

But it seemeth, that if any of these last so•••• Poor happen to prove impotent, and also 〈◊〉〈◊〉 cases of manifest extremity, then they are to be relieved by the Town, Dalt. J.P. c. 73. f. ibid.

If the Parents be able to work, and may have Work, they are to find their Children by thei•• labour, and not the Parish; but if they be over∣charged with Children, they may help, by having some of their Children put out Apprentices by the Overseers, Dalt. J.P. c. 73. f. 157.

The Father, Grandfather, Mother, Grand∣mother, and the Children and Grandchildren of every poor impotent Person not able to work, being of sufficient Ability, shall relieve such poor Persons in such manner, as the Justices o•• Peace of that County (where such sufficient Per∣son dwelleth) at their General Quarter Session•• shall Assess; and if such Person refuse to able the Order, they forfeit 20 s. for every mon•••• to the Poor of the Parish, which Forfeiture ••s 〈◊〉〈◊〉 be levied by the Churchwardens or Overseers, or one of them, by Warrant from any two Ju∣stices

of the Peace (Quor. unus) within their Li∣mits, by distress and sale of the Offenders Goods, and want of distress, any two such Justices may commit the Offender to prison, there to remain without Bail till the said Forfeiture be paid, 43 El. 2. Resol. Judges 16, 17. Dalt. J.P. c. 73. f. 156.

But if a Man marry a Grandmother that hath no Estate, the Grandfather in Law is not chargeable: But if she hath an Estate caused without such Marriage, or that comes after Mar∣riage by descent, or otherwise to her, here he may be charged: But where they have raised themselves an Estate by their own Industry, there it is doubtful. But in no case shall he be charged longer than his Wife lives; and it seems also Ba∣stard Children are not within this Law, neither can the Justices do any thing therein against a Man that lives out of their County. See Boulst. ••••p. 2 part, f. 245, 246, 247.

No Poor may beg but in their own Parish, and there by Licence of the Overseers of the Poor; and they may not licence them to beg in the High-ways there, and without the Licence of the Overseers they may not beg at all, Res. Judges 15. Dalt. J.P. c. 73. f. 157. 39 El. 3.

No Inhabitants may serve any Poor at their Door, but those of their own Parish, that have licence from the Overseers of the Poor to beg there, under pain of 10 s for every time they do so, 1 Jac. 7. Dalt. J.P. c. 83. f. 20.

These Officers are to make provision for a poor Man that wants an House (but not for a common Herdsman or Sheperd) with consent of the Lord of the Mannor first had in writing under his Hand and Seal, either by themselves, or with

a Sessions Order, may erect a Cottage upon any part of the Waste of a Mannor, and lodge In∣mates therein, notwithstanding the Stat. 31 El. ••. But such Cottage may not be afterwards employ∣ed otherwise than to lodge impotent Persons there, for if it be, then it falls within the penal∣ty of the 31 El. aforesaid, 43 El. c. 2 Wingates. Stat. Tit. Poor People.

All such Persons married or unmarried, having no Means to maintain them, using no ordinary and daily Trade of Life to get their Living by, and such Persons also as can get no Work, are to be set on Work by the Overseers; and any one Justice of Peace may send to the House of Corre∣ction, or Common Goal, such as shall not imploy themselves to work being appointed thereto by the Churchwardens and Overseers of the Poor of the Parish, 43 El. c. 2. Dalt. J.P. c. 73. f. 143.

And to this purpose the Churchwardens and Overseers of the Poor may, by, and with the con∣sent of two or more Justices of the Peace (Q••••r. unus) &c. Set up use, and occupy any Trade, My∣stery or Occupation, only for the setting on Work, and better Relief of the Poor of the Parish, Town or Place where they are Overseers, &c. 3 Car. 1 c. 4. Dalt. J P. c. 73. f. 148. Wingates Stat. Tit. Poor People.

CHAP. III. The Duty of the Overseers about putting forth, and binding of Apprentices, with the Form of the Indenture for that purpose.

IN the putting out of Children Apprentices, there ought to be regard had to the Master, the Child, and the Parents; First, to the Ma∣ster, that he be of Ability and Honesty, otherwise by some device or hard intreaty they may pro∣voke their Apprentices to depart or run away; and regard is also to be had to his Trade or Fa∣culty, lest the Apprentice consume his time without learning any thing: Secondly, Regard is to be had to the Apprentices to put them out timely, and while they are young and tract∣able (so that they be above the Age of seven years) otherwise by reason of their idle and base Educations, they will hardly keep their Service, or imploy themselves to work: Then lastly, Re∣gard is to be had to the Parents, to take a∣way such from them as are brought up to live idly and loosly, or else such as are a burthen and charge to their Parents, Dalt. J. P. c. 73. f. 150, 151.

The choice of these Apprentices, are to be out of the poorest sort of Children, whose Pa∣rents are the least able to relieve them, and they are to be above 7, and under 15 years of Age, when they are first bound, 7 Jac. c. 3. Wingates Stat. Tit. Poor People.

And these Officers are to have the consent of two Justices of the Peace in the placing out of such Apprentices; and they may bind the Man-child

till 24 years of Age, and the Woman-child till 21 years of Age, or till she be married, which shall first happen: And these Apprentices 〈◊〉〈◊〉 be bound to Weavers, Masons, Dyers, Fullers, 〈◊〉〈◊〉 any other Trade, as well as to Husbandry 〈◊〉〈◊〉 Housewifery, See 43 El. c. 2. Dalt. J.P. c. 73. f. 14•• Wingates Stat. Tit. Poor People.

Now this placing of Apprentices may be 〈◊〉〈◊〉 any Man, whom the Officers and Justices think 〈◊〉〈◊〉 to receive them, within the same Parish or el••••¦where in other Parishes within the same Hun∣dred, either with, or without Mony; therefore it is fit in this case to consider, if the Child be young, and the Party to whom they place it is not very able, then they may give Mony, if they please, as the Party and they shall agree, 〈◊〉〈◊〉 Judges 1633. Quest. 1.

All Men that-have, or may have use for Ser∣vants, as Knights, Clergy-men, Gentlemen, and Yeomen, as well as Tradesmen, are bound to take Apprentices; yea, though wealthy Men Table themselves, or live so privately, that they have no use for a Servant, yet they may be compelled to take them, or else to pay a Sum of Mony for put∣ting them Apprentices elsewhere; and if they refuse to pay the Sum imposed upon them, two Justices of the Peace may make their Warrant to levy the same by distress and sale of the Of∣fenders Goods, Res. Judges 1633. Quest. 4. Po••••. 24. Dalt. J P. c. 73. f. 151.

Or the Refusers to take Apprentices, may be presented and indicted for the same, upon the Stat. 43 El. c. 2. at the Assizes or Sessions of the Peace, Dalt. J.P. c. 73. f. ibid. Res. Judges 1633. Quest. 7.

An Apprentice put to a Man in respect of his Farm, when his Lease expireth, the Apprentice shall go still with the Farm, if the first Master be so pleased; otherwise it is where an Ap∣prentice is put to a Man in regard of his Abili∣ty, or for other Respects. And where any dif∣ferences are between the Officers and the Man that is to receive an Apprentice, about Mony, and what Mony shall be given or otherwise, ••here the Justices thereabouts, or in their De∣faults, the Sessions must end it, Res. Judges 1633. Quest. 2. Dalt. J.P. c. 73. f. 151.

If the Parents of poor Children shall refuse to let their Children be put forth Apprentices (without good cause shewed) such Parents may be bound over, by the Justices, to answer their said Default, and if the Children shall refuse, the Justices may send them to the House of Cor∣rection, there to remain till they be content to be bound and serve, Dalt. J. P. c. 73. & 58. f. 153. & 119.

Note, That this binding must be by Inden∣ture, and may not well be done by a verbal A∣greement; and the Indenture must be either between the Justices, Churchwardens and Over∣seers, or them and the Apprentice on the one part, and him that takes the Apprentice of the other part, as appears by the Form of the In∣denture in the end of this Chapter; and he must be named by the Name of Apprentice ex∣presly, or else he is no Apprentice, though he be bound, Cromp. 184. Dalt. J.P. c. 5. f. 120.

And this binding is as effectual to all pur∣poses, as if the Children were of full Age, and did bind themselves by Indentures and Covenants; and all such as are bound by the Overseers, as

abovesaid, may safely be received and kept 〈◊〉〈◊〉 Apprentices by their Masters, 1 Jac. c. 25. 〈◊〉〈◊〉 Jac. c. 28. Dalt. J. P. c. 58. fol. 120. 3 Car. 1. c. •• 5 El. c. 4. Cromp. 184. b.

Such Mony as is given to put out poor Chil¦dren Apprentices, is to be employed in Corpo¦rate Towns, by the Corporations, and in other places by the Parson or Vicar, together with the Constables Churchwardens, and Overseers of the Poor, or the most part of them; who shall 〈◊〉〈◊〉 forbear to refuse to employ the same accord∣ingly, on pain to forfeit five marks, each o•• them so making default, to be divided betwi•• the Poor of the Parish and the Prosecutor, 7 Jac. c. 3. Wingates Stat. Tit. Poor People.

The Party taking any Mony with such Ap∣prentice, shall give good Security by Obligation to repay it at the end of seven years next en∣suing the date of the said Obligation, or within the three months after the end of the said seve•• years; and if such Apprentice shall die within seven years, then within one year after his or her death; and if the Master, Mistress or Dame hap∣pen to die within the seven years, then within one year after their death; so as the Mony may be employed in placing the Apprentic•• with some other of the same Trade, to serve out his time, at the discretion of the Parties trusted as aforesaid, 7 Jac. c. 3.

And the Mony so given shall be imployed within three months after the Receipt thereof, and if there shall not be apt Persons found in the places where it is given to the Apprentices, it shall then be imployed in the Parishes next adjoyning, by the Parties that are trusted with it, in the place where it was so given, and

••here also Bond shall be taken, as afore is decla∣red, 7 Jac. c. 3.

If the Master shall put his Apprentice into ••pparel, it is a Gift in Law, and he cannot afterwards take it away, though he should part with his Apprentice, Br. Transgr. 93.

An Apprentice cannot be discharged from his Apprenticeship but by four Justices of the Peace ••t the least, and in open Sessions, or else by ••he Agreement of the Master and Apprentice, and under his Masters Hand in Writing, Dalt. J. P. c. 58. f. 121.

The Form of these Indentures, mentioned before, is as followeth, viz.

THIS Indenture made the 29th day of Sep∣tember, in the 20th Year of the Reign of Our most Gracious Sovereign Lord Charles the Se∣cond, by the Grace of God of England, Scotland, France and Ireland, King, Defender of the Faith, &c. Anno{que} Dom. 1668. witnesseth, that J. W. and G. R. Overseers of the Poor in the Town of Kirk-Leaventon, and J. R. Churchwardens of the ••••me Town, by and with the consent of Sir J. P. Knight and Baronet, and T. M. Esq two of his Majesties Justices of Peace for the North-Riding of the County of York, have by these Presents ••laced and bound J. T. (being a poor fatherless child) as an Apprentice with E. H. of Kirk-Lea∣venton aforesaid, Widow; and as an Apprentice with her the said E.H. to dwell from the day of the ••••ate of these Presents, until she the said J.T. shall ••ome to the Age of 21 years, or be married, which shall first happen, according to the Statute in that ••ase made and provided, by and during all which

time and term the said J. T. shall the said E. •• her Dame well and faithfully serve in all 〈◊〉〈◊〉 lawful Business as the said E. H. shall put 〈◊〉〈◊〉 the said J. T. unto, according to her Power, 〈◊〉〈◊〉 and Ability, and honestly and obediently in 〈◊〉〈◊〉 things shall behave her self toward her said Da•••• and Children, and all the rest of the Family 〈◊〉〈◊〉 the said E. H. And the said E. H. for her 〈◊〉〈◊〉 promiseth, covenanteth, and agreeth that she 〈◊〉〈◊〉 said E. H. the aforesaid J. T. in the Art and Sh•• of Housewifry, the best manner that she can, 〈◊〉〈◊〉 may, shall teach and inform, or cause to be taught and informed, as much as thereunto belongeth, and she the said E. H. knoweth; and also during 〈◊〉〈◊〉 the said Term, to find unto her said Apprentice, Meat, Drink, Linnen, Woollen, Hose, Shooes, W••••¦ing, and all other things needful or meet for a•• Apprentice. In Witness whereof, &c.

Note, If it be a Boy that is to be bound Ap∣prentice to Husbandry, or any other Trade, the•••• he may be bound till 24 years of Age, as 〈◊〉〈◊〉 shew'd before in this Chapter.

CHAP. IV. Several Cases about Settlements, and also touching Bastards, &c.

TOuching settling of poor People, the Ju∣stices are to meddle with none but those who are impotent, and such as are like to be chargeable to the place where they are Boulst. Rep. 1 part, 347.

By 13 & 14 Car. 2. cap. 12. It is Enacted, that upon complaint by the Churchwardens, ••••d Overseers of the Poor, to any Justice of ••eace within forty days after any poor Person ••ometh to settle in a Tenement under 10 l. ••••r annum, two Justices of Peace, whereof one 〈◊〉〈◊〉 be of the Quorum, may by Warrant remove ••••ch Person to the Parish where they were last ••••gally settled for forty days, unless they give ••••curity to be allowed by the said Justices for discharge of the Parish: Persons aggrieved may ••ppeal to the Quarter Sessions.

But Persons having a Certificate from the ••inister of the Parish, and one Churchwarden, ••nd one Overseer of the Poor, declaring them inhabitants there, may go into any Parish to ••ork, and the not returning of such Persons, ••hen their Work is finished, or falling Sick whilst they are at Work, shall not be accounted 〈◊〉〈◊〉 Settlement: If any return to the Parish from ••hence they are removed, a Justice of Peace ••ay send them to the House of Correction, to ••••e punished as Vagabonds, or to a publick Work house to be imployed in Labour: and if ••••e Churchwardens and Overseers of any Pa∣rish to which any are removed, refuse to re∣solve them, and provide them Work, &c. a ••ustice of Peace may bind over such Officers to ••••e Assizes or Sessions.

Churchwardens and Overseers for the Poor ••here any Bastard-Child shall be born, may ••ize so much of the Goods and Profits of the ••ands of the Putative Father and Lewd Mother, 〈◊〉〈◊〉 two Justices of Peace shall order towards ••ischarge of the Parish, to be confirmed at the ••essions: who may make an Order for the

Churchwardens, &c. to dispose of the Goo•• by sale or otherwise as they shall think 〈◊〉〈◊〉 and receive the Profits of so much of the•••• Lands, as shall be ordered by the Sessions.

The Poor in every Town-ship or Village 〈◊〉〈◊〉 Lancashire, Cheshire, Darbyshire, Yorkshire, N••¦thumberland, Bishoprick of Durham, Cumberland and Westmoreland shall be provided for in th•• Township and Village where they inhabit, 〈◊〉〈◊〉 were last legally settled: And two or more o¦verseers shall be chosen in every Township &c. who shall execute all powers for the Be¦lief of the Poor under the Penalties mentioned in 43 Eliz. c. 2.

This Act of 13 & 14 Car. 2. c. 12. was 〈◊〉〈◊〉 continue no longer than to the end of the first Session of the next Parliament, but revived by 1 Jac. 2. c. 17. to continue for seven years, an•• to the end of the first Session of the next Par∣liament.

And whereas poor Persons at their first coming to a Parish, do commonly conceal them∣selves, the forty days intended by the said Act to make Settlement, shall be accounted from the time of their deliveries of notice in wri••∣ing of their House of Abode, and the number of their Family, if they have any, to one of the Churchwardens or Overseers of the Poo•• of the said Parish, 1 Jac. 2. c. 17.

No Man but a Vagrant Begger, ought to be sent out of any Parish to the place of his Birth or last Habitation; for if any refuse to work in the Parish where he is settled, or to work for the Wages assessed, then he is by the Justice•• to be sent to the House of Correction, Co. 2

part Inst. fol. 730. 7 Jac. c. 4. Resol. Judges 9. Dalt. ••. P. c. 73. f. 157. 39 El. c. 4. 1 Jac. c. 7.

If a Scholar in the University, or in a Gram∣mar School begin to be suspect, he may be, or 〈◊〉〈◊〉 he doth become impotent, and is like to ••e a Charge to the Parish where he is, he must ••e sent to his Parents if he have any, other∣••ise to the place where he was last legally ••••ttled before he came to School, Res. Judges 633. sect. 32.

If one be Born, and live 20 years in A. and ••••en go to B. and there live in a House and pay ••is Rent, and after he come to C. and there Works 20 Weeks as a Labourer in a Quarry of ••••ones, where he breaks his Back, and becomes ••••potent, and there is taken vagrant and beg∣••••ng, in this case he must be sent to A. the ••••ace of his Birth, and there must be provided ••or, Res. Judges, 14 Car. 1.

If a Man that hath a Wife and Children, take 〈◊〉〈◊〉 House in one Parish for a Year, and during ••is time he is illegally forced out of his Posses∣sion; then he takes an House as Inmate in ano∣ther Parish, out of which he is put within two ••r three days, and then not having any place 〈◊〉〈◊〉 be in, he gets into a Barn in the third place, ••nd there his Wife is delivered of another ••hild: In this case they are all to be sent to the ••arish out of which they were first illegally ••••rced, Resol. Judges 1633. sect. 24.

One Born in D. left that place for the space 〈◊〉〈◊〉 20 years, then lived in S. took an House and ••••id Rent, and left that place also six or seven ••ears, and then came to L. in another County. ••nd there was twenty Weeks, did Work, and

there became impotent, and did wander, at beg in the same place, and was taken as a Va¦grant, and it was ordered he should be passed and settled at D. where he was Born, by th•• Judges at Worcester Assizes, 14 Car. 1. Boulst. Re•• 1 part, f. 375.

No Child under the Age of seven years sha•••• be adjudged a Rogue within the Stat. 39 El. c. •• But it seems such Children vagrant and beggin•• must be sent and placed with the Father 〈◊〉〈◊〉 Husband of the Wife; and if he be dead, the•• with the Mother (where she was born, or la•••• dwelt by the space of one year) and such Chil∣dren, once thus settled or placed, must the•••• remain, and not be sent from thence to the•••• place of Birth, though after their Parents die or run away, or that the said Children gro•• above the Age of seven years, yea, though th•••• said Children after beg, and prove vagrant i•• the Town, for there they must be set to labo•••• by the Overseers of the Poor, Dalt. J.P. c. •••• f. 209.

But Children above seven years of Age, go∣ing about vagrant, or begging in the Cou••∣try, shall be punished as Rogues, and sent 〈◊〉〈◊〉 their place of Birth, Dalt. J. P. ch. 83. f. 209.

The Wife being a Vagrant Rogue, must be sent to her Husband, though he be but a Ser∣vant in another Town; and where the Husband and Wife have an House, (though as an in∣mate) and either of them Rogue about, in this case they are to be sent to the place wher•• the House is, Dalt. J. P. c. 83. fol. 209.

The Rogue, whose place of birth or last dwelling cannot be known, having Wife and Children under seven years of Age, they must go with the Husband to the place where they were last wilfully suffered to pass through with∣out punishment, where the Children must be ••elieved by the Work of their Parents, though the Parents be committed to the House of Cor∣rection; and if the Rogue have Children above ••even years of Age, that Rogue about with him, then they are to be sent to the House of Cor∣rection also with the Parents, and when they come out again, then to their several places of births, Dalt. J.P. c. 83. f. 206. and Shephards Guide ••or J.P. pag. 252. Res. &c. b.

If I live in a House in A. there with my Chil∣dren, but I work in B. where I am hired by the year, in this case my Children shall be in A. but ••f I have an House in B. they shall be placed ••here, Dalt. J.P. c. 73. f. 158.

A. being a Wanderer with three Children born in three Parishes, comes to Dale with them ••o her Sister, and there dieth shortly after, here the Children must be settled in the seve∣ral Parishes where they were born, and not in the Parish where the Mother died, Boulst. Rep. 2 part, 351.

No Man is to be put out of the Town where he dwelleth, and is lawfully settled, nor to be sent to his place of Bith, or last Habitation, but a Vagrant Rogue, not to be found by the Town, except the Party be impotent, but they ought to set themselves to labour, if they be able and can get Work; and if they cannot get Work, then the Overseers are to set them to work; and if in such case such Persons wander abroad

begging out of the Parish, then they may be sent as Vagabonds (from the place where they shall be taken wandring or begging) to the place of their Birth, Dalt. J.P. c. 83. f. 209.

If a Maid Servant be gotten with Child at 〈◊〉〈◊〉 by her Fellow-Servant (or by another Man o•• the same Town) and after both their Service•• ended, they Marry, and then the young Ma•• is retained at B. and afterwards the Woman is delivered of her Child, in this case she with her Child are to be sent to the Father at B. and there must be settled, Dalt. J.P. c. 73 f. 159.

If any disturbance be made to any Settle∣ment lawfully ordered by the Justices, either by the Constables refusing to receive and convey a Rogue where they ought to do it, or by the Churchwardens and overseers of the Poor in re∣fusing such an one as is duly sent to be settled there, in such case they forfeit 5 l. by the 39 El. c. 4.

If a Woman unmarried be hired Weekly, Monthly, half Year, or Yearly, in one Parish, and there be gotten with Child, and then goeth in∣to another Parish, and there is settled in Ser∣vice, or otherwise for two or three Months, and then she is discovered to be with Child, is this case she and her Child shall be settled in the Parish where she then is, and must not be sent to the Parish whence she came, Resol. Judge•• 1633. sect. 12.

If a Woman be delivered of a Bastard Child in one Parish, and then go into another Parish with her Child, in this case the Child after it is nursed, is to be sent to, and settled in the place where it was born, and not to remain with the Mother, Resol. Judges 1633. sect. 23.

If A. have a Bastard Child by B. born in Dalt, and the reputed Father marries ano∣ther Woman, and they breed the Child 10 years in the Parish of Sale, and the Mother of the Child is in Service all this while, and a single Woman, the reputed Father dies; in this case the Child is to be sent to the Mother first, to be maintained by her, if she be able, and if not, it must be kept by the Parish of Salt, where it was settled with the Father 10 years, Boulst. Rep. 2 part, fol. 350.

If a Woman have a Bastard Child, and is like to be chargeable to the Parish, and she is sent to the House of Correction for it (as she may be by Law) in this case it hath been question∣ed whether the Child must go with her, or re∣main in the Town where it was born, (or set∣led with the Mother) and there to be relieved by the Work of the Mother, or by Relief from the Reputed Father, upon the 18 El. and it seems most reasonable to be so; and yet the common opinion and practice is otherwise, (to wit) to send the Child with the Mother to the House of Correction: And this may also seem reasonable where the Child sucketh on the Mother, Dalt. J.P. c. 11. f. 41.

If a Woman with Child be sent to the House of Correction, and there be delivered, the Child must be sent back to the Parish where the Wo∣man came from, there to be relieved. Also if a Woman be travelling, and have her Child with her, and is apprehended and sent to the Goal, and there hanged for Felony, in this case the Child shall not be chargeable to the place where the Goal is, but to the place where it was born (if it can be known) otherwise to

the place where the Mother was apprehended and so was the opinion of Sir Nicholas Hi•••• 3 Car. 1.

The two next Justices (Quor. unus) in 〈◊〉〈◊〉 next to the Limits where the Parish Church 〈◊〉〈◊〉 may take order as well for the punishment 〈◊〉〈◊〉 the Mother, and reputed Father of a Bastard Child, as also for the Relief of the Parish wher•• it is born, by charging the Mother and Father with the payment of Mony weekly toward the keeping of it, or otherwise: And if the Mother or Father perform not the Justices or∣der therein, they are to suffer Imprisonment without Bail, except he or she give Security to perform, or else to appear at the next Sessions, and abide the order of the Justices there, if any be made there; and if none be made, then to stand to the first order, Dalt. J.P. c. 11. f. ••. 18 El. c. 3.

Note, That this Order may be made by any two Justices of the County (Quor. unus) as 〈◊〉〈◊〉 held by some, but most properly by the tw•• next Justices, and the question must be about such a Bastard Child as is like to be a charge to the Parish; and the Security must be given to the Parish where the Child is born, to se∣cure the Parish from the charge of the Child, or to keep the Child: it must be a Parish with in the County where the two Justices have power, and the Order must be certain how long the reputed Father must keep the Child, secure the Parish, &c. and it must be made a∣gainst the Person that is suspected to have got∣ten the Bastard Child, and not against another Person to contribute towards it, because it was gotten in his House, &c. and the Order must

express the Child by the Name of a Bastard Child, and not the reputed Child of such an one; and the Justices for the better discovery of the Matter, may upon Oath examine the Mo∣ther her self concerning the reputed Father, the time, &c. Dalt. J. P. c. 11. fol. 40. 18 Eliz. c. 3. 7 Jac. c. 4. See Steels Rep. fol. 154, 245, 246, 247, 388. and see Pridgeons Case, Hill. 9 Car. 1. B.R. and Slaters Case, Pasch. 13 Car. 1. B.R. Cro. Rep. 1 part.

CHAP. V. The Overseers Office in making of Rates, and passing Accounts.

THE Churchwardens and Overseers of the Poor, or the greater part of them (for the doing and performing of the things they have in charge) may raise weekly, or other∣wise by Taxation of every Parson, Vicar, and other Occupier of Land, House or Tithes, Cole∣mines, or saleable Underwoods, within the Pa∣rish, Town, &c. such a Sum as they shall think fit; and this Rate they must have allow∣ed and confirmed under the Hands of two Ju∣stices (Quor. unus) and then by Warrant from them, or any other two Justices (Quor. unus) they may levy by distress and sale of the Goods of the Party refusing to pay the said Tax, rendring the overplus to the Owners, and in default of Distress, two such Justices may commit the Party to prison, there to remain without Bail till he be discharged by him, 43 El.

ch. 2. Dalt. J. P. c. 73. f. 148. Wingates Stat. T•••• Poor People.

Now these Rates ought to be well and tr•••• made, according to Mens visible Estates, real i•• personal, within the place only, and not 〈◊〉〈◊〉 any Estate elsewhere; at Lincoln Assises, 9 Ca•••• by Justice Hutton and Crook.

Note, That a Parish in Reputation, shall be Parish within this Law: so that if A. be an¦cient Parish that hath Officers in it, and the•••• be a Town within this Parish, which for a long time hath been used, and reputed as a Parish and hath all Parochial Rights, as Churchwar∣dens, &c. here this place may be rated as t•• Parish towards the Poor, Huttons Rep. fol. 93. 〈◊〉〈◊〉 M. 3 Car. B.R. Hilton & Pauls Case, Cro. 3 p•••• Rep.

This Tax must be set upon the Tenants and Occupiers of Lands; and not upon the La••••∣lords Living within or without the Parish; 〈◊〉〈◊〉 the Tenant only is chargeable for the Land, B••••¦strods 1 part, Rep. fol. 354.

The Parson having a full tenth Part of the Profits of the Place, may be rated to a tenth Part Resol. Judges 1633. sect. 33.

He that doth occupy Lands in his own Hands lying in several Parishes, he must be charged in every Parish for his Land lying therein, only according to the proportion thereof, and 〈◊〉〈◊〉 more; but for his personal Estate it seems rea∣sonable he should be charged for it in the place where his Person is: All Lands Ancient De∣mesn, Guildable and Copyhold, are to be charged with these Rates, which ought to be according to the value, or by the pound, and not according to the quantity, Sed consuetud•• tollit Legem.

The Rate for Stock or Goods is thought rea∣sonable to be set after the proportion of Lands, (viz.) an 100 pound in Stock to be rated after 5 or 6 pound a year in Land.

Note, That in some special Cases a Man may be rated beyond his Ability; as where one brings a Charge upon a Parish; or under any pretence brings in a Man that may be chargeable in a Parish, he may, if there be cause for this, be raised in his Rate to the full value of his Estate; and so was the Opinion of Sir Nicholas Hide, Dalt. J.P. c. 73. f. 167.

Where the Inhabitants of any Parish are not able to relieve their Poor, any two Justices (Quor. unus) may tax other Parishes and Places within the Hundred, yea, the whole Hundred, if need require; and where that is not sufficient, the Justices in their Sessions may tax the Coun∣ty in part, or wholly at their discretion, 43 El. c. 2. Wingates Abr. Stat. Tit. Poor People, 14 Car. 2. c. 12.

If any Persons find themselves aggrieved in any Tax, or other-Act done by the Overseers, or by the Justices of Peace, they are to be relieved at the Quarter Sessions, Dalt. J.P. c. 73. f. 160. Wingates Abr. Stat. Tit. Poor People.

The Father, Grandfather, Mother, Grandmo∣ther and Children of every poor Person, shall be assessed towards their Relief, as the Justices of the Peace in their Sessions of the Peace in the County where such Father, &c. dwells, shall limit and appoint, on pain to forfeit 20 s. a month, to the use of the Poor, to be levied by distress and sale as aforesaid, and for want of distress to be committed to Prison till the

Forfeiture be paid, 43 El. c. 2. Wingates 〈◊〉〈◊〉 Stat. Tit. Poor People, Dalt. J.P. c. 73. f. 1••••.

Head Officers in Cities and Corporate Towns and Aldermen of London, have in their severa•• Precincts like Authority that Justices of Peace have in their Counties, and no other Justice•• of Peace are to enter and intermeddle there Wingates Abr. Stat. Tit. Poor People, 43 El. c. 2.

If any Parish shall extend into two Counties or part thereof to lie in any City or Corporate Town where they have Justices: Then the Ju∣stices of every County, &c. are to intermeddle only within their own Limits; and every of them respectively within their Limits are to execute this Law concerning the nomination of Overseers, binding of Apprentices, granting Warrants to levy Taxations, taking Account of Overseers, and committing such as refuse 〈◊〉〈◊〉 account, or to pay their Arrearages; and yet the Overseers shall without dividing themselves, execute their Office in all places within the said Parish, but shall give up Accounts to the Ju∣stices, or Head Officers of both Places, Win¦gates Abr. Stat. Tit. Poor People, 43 El. c. 2. Dalt J.P. c. 73. f. 156.

These Officers within four days after the end of their Year (and that other Officers are no∣minated) are to yield up a true Account to two Justices (Quor. unus) of these things fol∣lowing, 1. What Sums of Mony they have re∣ceived, or rated and not received? 2. What stock of Ware or Stuff is in their Hands, or is the Hands of any of the Poor? 3. What Ap∣prentices they have put out, and bound ac∣cording to the Statute? 4. What Poor they have set to work or relieved? 5. What Poor

they have suffered to wander and beg out of their Town, or in the Highways, or in their Town without their directions? 6. Whether they meet monthly to consider of the things belonging to their Office? 7. Whether they made their Rates indifferent upon all Men, ac∣cording to their Ability? 8. Whether they have endeavoured to gather and levy such As∣sessments? 9. Whether they have neglected the Justices Warrants to them, or any of them directed for the levying of any Forfeiture ac∣cording to the Stat. 43 El. c. 2. Dalt. J. P. c. 73. f. 153.

By the Statute of 30 Car. 2. for Burying in Woollen, the Justices are not to allow the Ac∣counts of the Overseers of the Poor, until they have given them an Account of the Burials and Certificates, and of their levying the Penalties in pursuance of that Act, 30 Car. 2. c. 3.

Now if the Churchwardens, or Overseers, or any of them, shall refuse to make and yield a true and perfect Account to the said Justices, of all such Mony, and of all such Stock as afore∣said, any two Justices (Quor. unus) may com∣mit them to the common Gaol, there to re∣main without Bail, till they have made a true Account, and satisfied, and paid to the new Overseers so much of the said Sum or Stock, as upon the said Account shall be remaining in his or their Hands, &c. And if they make a false Account, they may be bound over to the Assizes or Sessions, and there an Indictment may be preferred against them, Dalt. J.P. c. 73. f. 154.

Also if any of the Churchwardens or Over∣seers shall refuse, or deny to pay, or deliver over to the new Overseers the Arrearages (Sums of Mony or Stock) which shall be in their Hands, and due, and behind upon their Account to be made as aforesaid, any two such Justices of Peace may make their Warrant to the present and subsequent Churchwardens and Overseers, or any of them, to levy the same by distress and sale of the Offenders Goods, rendring to the Parties the overplus, and in default of such distress, any two Justices of the Peace may com∣mit him or them to the common Goal, there to remain without Bail, until payment or de∣livery of the said Sum, Arrearages and Stock be made, 42 El. c. 2. Dalt. J.P. c. 73. f. 154.

If any such Stock shall be in the Hands of any of the Poor to work, and such Poor shall refuse to deliver the same, two such Justices may make the like Warrant, to levy the same by distress, and for lack thereof, may commit such Offenders to the Goal, as aforesaid, Dalt. J.P. c. 73. ibid.

And for these aforesaid, and all other Negli∣gencies of the Churchwardens and Overseers, in the Execution of their Office, about the Poor, &c. every of them, for every Default, he makes, forfeits 20 s. which Default must be proved either by the Offenders own Confession, or by Examination of Witnesses, and it is to be le∣vied by the new Churchwardens and Overseers, or one of them, by Warrant from two Justices, as aforesaid, by distress and sale of the Offen∣ders Goods; and for want of Distress, two such Justices may commit Offenders to the Goal, there to remain without Bail, till the

said Forfeitures shall be paid; which said For∣feitures are to be imployed to the use of the Poor of the said Parish, Dalt. J.P. c. 73. f. 155. 43 El. c. 2.

CHAP. VI. The Overseers Duty about Weights and Measures, and Burying in Woollen.

THere shall be one Weight, one Measure, and one Yard, according to the Stan∣dard of the Exchequer, throughout all the Realm, as well in places Priviledged, as with∣out, and every Measure of Corn shall be strik∣ed without Heap: And whosoever shall keep any other Weight, Measure, or Yard, whereby any Corn, Grain, or other thing is bought or sold, shall forfeit for every Offence five shil∣lings, being thereof convicted, by the Oath of one sufficient Witness, before any Justice of Peace, or Head-Officer of the City, Town, or Place where the Offence is done, to be levied by the Churchwardens or Overseers of the Poor of the Parish, to the use of the Poor of the said Parish, by Distress and Sale of the Of∣fenders Goods, and for want of Distress, to be Imprisoned without Bail until payment. And all Persons, upon Suit against him or them, for any thing done upon this Act, to plead the General Issue, and give the Act in Evidence, and to have treble Costs, if unjustly vexed, Dalt. J.P. c. 112. f. 246. 17 Car. 2. c. 19.

No Corps shall be buried in any thing other than what is made of Sheeps Wool only, or be put into any Coffin lined or faced with any thing made of any material but Sheeps Wool, on pain of the Forfeiture of five pounds, 30 Car. 2. c. 3.

An Affidavit under the Hands and Seals of two Witnesses (or under the Hand of the Magi∣strate or Officer before whom it was sworn, for which nothing shall be paid) must be brought to the Minister within eight days after the Party is interred, that he was not buried contrary to this Act, which shall be taken before some Justice of Peace, Master of Chancery, Ordinary or Extra∣ordinary, Mayor, Bailiff, or other chief Officer of the City, County, Borough, &c. where the Party was buried: And if no such Affidavit be brought, the Minister shall give notice thereof under his Hand to the Churchwardens or O∣verseers of the Poor, who within eight days after shall repair to the Chief Magistrate in any Town, &c. if buried there, else to a Justice of Peace, who upon Certificate thereof from the Minister, &c. shall grant a Warrant for le∣vying the Forfeiture by distress and sale of the Goods of the Party deceased, or in default thereof, of the Persons Goods in whose House the Party died, or the Goods of any that had a Hand in putting such Party into any Shroud, Coffin, &c. contrary to this Act, or that or∣dered the same: And if such Person were a Servant, and died in the Masters Family, the Masters Goods to be liable: And if such Person died in his Parents Family, the Parents Goods to be liable: One Moiety of which Forfeiture shall be to the Poor of the Parish

where the Party is buried, the other to him that shall sue for the same, 30 Car. 2. c. 3.

Ministers, Churchwardens, and Overseers, Justices of Peace, or Chief Magistrates, neg∣lecting their Duty aforesaid, shall forfeit five pounds for every Offence, to be recovered by Action of Debt, Bill, Plaint, &c. wherein the Prosecutor shall recover his full Costs, so as the Suit be commenced, within six months after the Offence committed; one fourth part of the Forfeitures to the King; two fourth parts to the Poor of the Parish where the Offender dwells; and one fourth part to the Informer, 30 Car. 2. c. 3.

Every Minister shall keep a Register of all Burials and Affidavits: And where no Affidavit is brought as aforesaid, shall enter a Memorial thereof against the Name of the Party interred, and of the time when he notified the same to the Churchwardens or Overseers of the Poor. And the Overseers when they give up their Ac∣counts at the Sessions, or to any two Justices at their monthly Meetings, shall give an ac∣count of the Name and Quality of every Per∣son interred since their former Account; and of such Certificates, and of their levying the Penalties, and of their disposal thereof, on pain of five pounds to be levied by distress and sale of Goods, by Warrant from the said Ju∣stices, or two of them: and their Accounts shall not be allowed till they have accounted for their Burials, 30 Car. 2. c. 3.

No Penalty shall be incurred where the Par∣ty died of the Plague: If any Person be prose∣cuted, for what he shall do in pursuance to this Act, he may plead the General Issue, and give this

Act in Evidence: And upon a Nonsuit, Discon∣tinuance or Verdict for him, or Judgment up∣on a Demurrer, he shall have treble Costs, 30 Car. 2. c. 3.

And now by the Statute of 32 Car. 2. (where no Justice of Peace shall reside, or be to be found in any Parish where any Party shall be inter∣red) such Oaths or Affidavits may be admin∣stred, not only by such Magistrates as aforesaid, but by any Parson, Vicar, or Curate in the same County, other than of the Parish or Chap∣pel of Ease where the Party is interred; and they are to attest the same under their Hands gratis, 32 Car. 2. c. 1.

The Overseers Duty about Irish Cattel, See Duty of Constables, ch. 8.

Their Duty in suppressing Conventicles, See Duty of Constables, ch. 9.

Note, That the Overseers of the Poor, are to receive for the use of the Poor of the Parish where the Offence is committed, of such who kill, or take in the night-time any Conies up∣on the Borders of Warrens, or other Grounds lawfully used for keeping of Conies, except Owners, &c. or Persons by them imployed, and of such who use Snares, Harepipes, or other like Engines, or who take any Fish by any Net, Angle, or other Device whatsoever, in any Water or River, or shall be assisting there∣unto, without consent of the Lord, or Owner of the said Water, what Sum the Justice of Peace before whom such Offender shall be con∣victed, shall think meet, not exceeding ten shillings (which he is to pay over and above re∣compence to the Owner:) And in default of payment thereof, he that takes or kills such

Conies, or useth Snares, &c. shall be commit∣ted to the House of Correction for any time not exceeding one month: And the Goods of him that takes such Fish shall be liable to di∣stress; and for want of a Distress, he shall be committed to the House of Correction, for any time not exceeding one month, unless he en∣ter into Bond with one or more Sureties to the Party injured, not exceeding ten pounds, never to offend in like manner, 22 and 23 Car. 2. c. 24.