Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.
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Persons coming to inhabit, and bringing with them a Certificate, under the Churchwardens Hands, &c. of any other Parish, &c. of being inhabitants of such other Parish, &c. and such Certificate being allowed, the said other Parish to provide for them whenever they become chargeable.
In what Case removed.
Forasmuch as many poor Persons chargeable to the Parish Towneshipp or Place where they live meerly for want of Work would in any other Place where sufficient Imployment is to be had maintaine themselves and Families without being burthensome to any Parish Townshipp or Place but not being able to give such Security as will or may be expected and required upon their coming to settle themselves in any other Place and the Certificates that have been usually given in such Cases having been oftentimes construed into a notice in Hand-writing they are for the most parte confined to live in their owne Parishes Townshipps or Places and not permitted to inhabitt elsewhere though their Labour is wanted in many other Places where the Increase of Manufactures would imploy more Hands Be it therefore enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Co[m]mons in this present Parliament assembled That if any Person or Persons whatsoever that from and after the First Day of May which shall be in the Yeare of our Lord One thousand six hundred ninety seven shall come into any Parish or other Place there to inhabitt and reside shall att the same time procure bring and deliver to the Churchwardens or Overseers of the Poor of the Parish or Place where any such Person shall come to inhabitt or to any or either of them a Certificate under the Hands and Seales of the Churchwardens and Overseers of the Poor of any other Parish Townshipp or Place or the major part of them or under the Hands and Seales of the Overseers of the Poor of any other Place where there are no Churchwardens to be attested respectively by Two or more credible Witnesses thereby owning and acknowledging the Person or Persons mentioned in the said Certificate to be an Inhabitant or Inhitants legally settled in that Parish Townshipp or Place every such Certificate having been allowed of and subscribed by Two or more of the Justices of the Peace of the County City Liberty Borough or Towne-Corporate wherein the Parish or Place from whence any such Certificate shall come doth lie shall oblige the said Parish or Place to receive and provide for the Person mentioned in the said Certificate together with his or her Family as Inhabitants of that Parish whenever hee she or they shall happen to become chargeable to or be forced to ask Relief of the Parish Townshipp or Place to which such Certificate was given and then and not before it shall and may be lawfull for any such Person and his or her Children though borne in that Parish not having otherwise acquired a legal Settlement there to be removed conveyed and settled in the Parish or Place from whence such Certificate was brought.
Persons receiving Alms, their Wives, Children, &c. to wear a Badge on the Shoulder of the Right Sleeve.; Refusing to wear the Badge,; Punishment; Churchwardens, &c. relieving poor Persons not wearing such Badge; Penalty 20s.
And to the end that the Money raised onely for the Relief of such as are as well impotent as poor may not be misapplied & consumed by the idle sturdy and disorderly Beggars Be it further enacted by the Authority aforesaid That every such Person as from and after the First Day of September One thousand six hundred ninety seven shall be upon the Collection and receive Relief of any Parish or Place and the Wife and Children of any such Person cohabiting in the same House (such Child onely excepted as shall be by the Churchwardens and Overseers of the Poor permitted to live att home in order to have the care of and attend an impotent and helplesse Parent) shall upon the Shoulder of the right Sleeve of the uppermost Garment of every such Person in an open and visible manner weare such Badge or Mark as is herein after mentioned and expressed that is to say a large Roman P, together with the first Letter of the Name of the Parish or Place whereof such poor Person is an Inhabitant cutt either in red or blew Cloth as by the Churchwardens and Overseers of the Poor it shall be directed and appointed And if any such poor Person shall att any time neglect or refuse to weare such Badge or Mark as aforesaid and in manner as aforesaid itt shall and may be lawfull for any Justice of the Peace of the County City Liberty or Towne Corporate where any such Offence shall be co[m]mitted upon complaint to him for that purpose to be made to punish every such Offender for every such Offence either by ordering of his or her Relief or usuall Allowance on the Collection to be abridged suspended or withdrawne or otherwise by co[m]mitting of any such Offender to the House of Correction there to be whipt and kept to hard Labour for any Number of Days not exceeding One and twenty as to the said Justice in his discretion it shall seem most meet and if any such Churchwarden or Overseer of the Poor from and after the said First Day of September shall relieve any such poor Person not haveing and wearing such Badge or Mark as aforesaid being thereof convicted upon the Oath of One or more credible Witnesse or Witnesses before any Justice of the Peace of the County City Liberty or Towne Corporate where any such Offence shall be co[m]mitted shall forfeit for every such Offence the Su[m]m of Twenty shillings to be levied by Distresse and Sale of the Goods of every such Offender by Warrant under the Hand and Seale of any such Justice one Moiety thereof to be to the use of the Informer and the other to the Poor of the Parish where the Offence shall be co[m]mitted.
III. Justices in Sessions, on Appeal to them concerning the Settlement of any poor Person, to award Costs.
Person ordered to pay Costs, living out of Jurisdiction, Justice of the County, &c. where such Person inhabits, may cause the Money to be levied; If no Distress, Imprisonment in County Gaol.
And for the more effectual preventing of vexatious Removals and frivolous Appeals Be it further enacted by the Authority aforesaid That the Justices of the Peace of any County or Riding in their General or Quarter Sessions of the Peace upon any Appeal before them there to be had for and concerning the Settlement of any poor Person or upon any proof before them there to be made of notice of any such Appeal to have been given by the proper Officer to the Churchwardens or Overseers of the Poor of any Parish or Place (though they did not afterwards prosecute such Appeal) shall att the same Quarter Sessions award and order to the Party for whom and in whose behalfe such Appeal shall be determined or to whome such Notice did appeare to have been given as aforesaid such Costs and Charges in the Law as by the said Justices in their discretion shall be thought most reasonable and just to be paid by the Churchwardens Overseers of the Poor or any other Person against whome such Appeal shall be determined or by the p[er]son that did give such Notice as aforesaid and if the Person ordered to pay such Costs shall happen to live in any County Riding City or Towne Corporate or elsewhere out of the Jurisdiction of the said Court Itt shall and may be lawfull for any Justice of the Peace of the County Riding City Liberty or Towne Corporate wherein such Person shall inhabitt and every such Justice is hereby required upon request to him for that purpose to be made and a true Copy of the Order for the Payment of such Costs produced and proved by some credible Witnesse upon Oath by Warrant under his Hand and Seale to cause the Money mentioned in that Order to be levied by Distresse and Sale of the Goods of the Person that is ordered and ought to pay the same and if no such Distresse can or may be had to co[m]mitt such Person to the co[m]mon Gaol of that County or Liberty there to remaine by the space of Twenty Days.
IV. Single Persons not deemed to have a good Settlement under One Year's Service.
And whereas some Doubts have arisen touching the Settlement of unmarried p[er]sons not having Child or Children lawfully hired into any Parish or Towne for One Yeare Be it therefore enacted & declared by the Authority aforesaid That no such Person so hired as aforesaid shall be adjudged or deemed to have a good Settlement in any such Parish or Townshipp unlesse such Person shall continue and abide in the same Service dureing the space of One whole Yeare.
43 Eliz. c. 2. § 5.; Poor Children appointed Apprentices pursuant to 43 Eliz. c. 2. those to whom they are appointed, bound; to execute Indenture and to provide for them according to the Indenture signed by the Justices, &c. Penalty £10. Persons to whom poor Children appointed, may appeal.
And whereas by an Act made in the Three and fortieth Yeare of the Reigne of Queen Elizabeth intituled An Act for the Relief of the Poor Itt is amongst other Things enacted That it shall be lawfull for the Churchwardens & Overseers of the Poor of any Parish or the greater part of them by the Assent of Two Justices of the Peace whereof One to be of the Quorum to bind poor Children Apprentices where they shall see convenient but there being Doubts whether the Person's to whom such Children are to bound are compellable to receive such Children as Apprentices that Law hath failed of its due Execution Be it therefore enacted and declared by the Authority aforesaid That where any poor Children shall be appointed to be bound Apprentices pursuant to the said Act the Person or Persons to whome they are so appointed to be bound shall receive and provide for them according to the Indenture signed and confirmed by the Two Justices of the Peace and also execute the other part of the said Indentures and if hee or she shall refuse so to doe Oath being thereof made by one of the Churchwardensss or Overseers of the Poor before any Two of the Justices of the Peace for that County Liberty or Riding hee or she for every such Offence shall forfeit the Su[m]m of Ten pounds to be levied by Distresse and Sale of the Goods of any such Offender by Warrant under the Hands and Seales of the said Justices the same to be applied to the use of the Poor of that Parish or Place where such Offence was co[m]mitted saving always to the Person to whome any poor Child shall be appointed to be bound an Apprentice as aforesaid if hee or she shall think themselves agrieved thereby his or her Appeal to the next General or Quarter Sessions of the Peace for that County or Riding whose Order therein shall be final and conclude all Parties.
VI. Appeal against Order for Removal determined at Sessions.
And be it further enacted by the Authority aforesaid That from and after the First Day of May One thousand six hundred ninety seven the Appeal against any Order for the removal of any poor Person from out of any Parish Townshipp or Place shall be had prosecuted and determined att the General or Quarter Sessions of the Peace for the County Division or Riding wherein the Parish Townshipp or Place from whence such poor Person shall be removed doth lie and not elsewhere Any former Law or Statute to the contrary thereof in any wise notwithstanding.
VII. Proviso for Promise, &c. to take Poor back.
Provided always That nothing in this Act contained shall extend or be construed to extend to make void any Promise or Engagement already made by the Churchwardens or Overseers of the Poor of any Parish Townshipp or Place to receive and take back any Persons in case they should become poor or want Releif.
VIII. And for Justices of Peace at St. Alban's hearing Appeals.
( (fn. 1) ) Provided That this Act nor any thing therein contained shall be construed to hinder the Justices of the Peace within the Liberty of Saint Albans from hearing and determining any Appeals for the Settlement of the Poor in their Quarter Sessions as they might have done before the making of this Act Any thing therein contained to the contrary in any wise notwithstanding.