That the justices of the peace do once every month certify their doings and proceedings by force of these instructions unto the sheriff of the said county, in which certificate they shall also make certificate of such justices as shall be absent from any of these services, and the true cause of their absence, and shall also certify the usual prices of all kinds of grain in their markets for that month past, of all which the same sheriff to certify the Privy Council once in every forty days at the farthest, so as that default in any justice that shall be absent may be duly considered and corrected by authority of his Majesty's council as reason shall require, and so as such persons as are placed as justices for their credit may not continue in those rooms, wherein they shall be found not disposed to attend such a necessary and godly service as this is, but others of better disposition may supply those rooms, if there shall be need of any such number, as in most places is thought not very needful, the number being in common opinion more hurtful than profitable to justice.
And if any shall offend against the true meaning of these instructions, or any part thereof, or shall use any sinister means to the defrauding thereof, that such be severely punished according to the laws, and for such obstinate persons as shall not conform themselves the justices shall at their pleasure bind to appear before the Queen Majesty's Privy Council by a day certain, there to be further dealt with by severe punishment for the better ensample of all others....
[298] Quoted Leonard, Early History of English Poor Relief, pp. 318-26.
8. The Poor Law Act of 1601 [43 and 44 Eliz. c. 2. Statutes of the Realm, Vol. IV, Part II, pp. 962-5], 1601.
Be it enacted by the authority of this present parliament, that the churchwardens of every parish, and four, three or two substantial householders there as shall be thought meet, having respect to the apportion and greatness of the same parish or parishes, to be nominated yearly in Easter week or within one month after Easter, under the hand and seal of two or more justices of the peace in the same county, whereof one to be of the quorum, dwelling in or near the same parish or division where the same parish doth lie, shall be called overseers of the poor of the same parish: and they or the greater part of them shall take order from time to time, by and with the consent of two or more such justices of peace as is aforesaid, for setting to work of the children of all such whose parents shall not by the said churchwardens and overseers or the greater part of them be thought able to keep and maintain their children; and also for setting to work all such persons married or unmarried having no means to maintain them, [or] use no ordinary and daily trade of life to get their living by; and also to raise weekly or otherwise, by taxation of every inhabitant parson, vicar and other, and of every occupier of lands, houses, tithes impropriate or propriations of tythes, coal mines or saleable underwoods, in the said parish, in such competent sum and sums of money as they shall think fit, a convenient stock of flax, hemp, wool, thread, iron and other necessary ware and stuff to set the poor on work, and also competent sums of money for and towards the necessary relief of the lame, impotent, old, blind and such other among them being poor and not able to work, and also for the putting out of such children to be apprentices, to be gathered out of the same parish according to the ability of the same parish; and to do and execute all other things as well for the disposing of the said stock as otherwise concerning the premises as to them shall seem convenient: which said churchwardens and overseers so to be nominated, or such of them as shall not be let by sickness or other just excuse to be allowed by two such justices of peace or more as aforesaid, shall meet together at the least once every month in the church of the said parish, upon the Sunday in the afternoon after Divine Service, there to consider of some good course to be taken and of some meet order to be set down in the premises, and shall within four days after the end of their year and after other overseers nominated as aforesaid, make and yield up to such two justices of peace as is aforesaid a true and perfect account of all sums of money by them received, or rated and assessed and not received, and also of such stock as shall be in their hands or in the hands of any of the poor to work, and of all other things concerning their said office; and such sum or sums of money as shall be in their hands shall pay and deliver over to the said churchwardens and overseers newly nominated and appointed as aforesaid; ...
And be it further enacted that it shall be lawful for the said churchwardens and overseers, or the greater part of them, by the assent of any two justices of the peace aforesaid, to bind any such children as aforesaid to be apprentices, where they shall see convenient, till such man-child shall come to the age of four and twenty years, and such woman-child to the age of one and twenty years, or the time of her marriage; the same to be as effectual to all purposes as if such child were of full age, and by indenture of covenant bound him or herself.
And the said justices of peace or any of them to send to the house of correction or common gaol such as shall not employ themselves to work, being appointed thereunto as aforesaid.
9. A Note of the Grievances of the Parish of Eldersfield [Hist. MSS. Com. Vol. I, pp. 298-299], 1618.
There are divers poor people in the said parish which are a great charge. Giles Cooke, not of our parish, married a widow's daughter within our parish, which widow is poor and lives in a small cottage, which is like to be a charge. Joan Whiple had lived 40 years and upward in the parish with a brother, as a servant to him; and now that she has grown old and weak he has put her off to the parish; she was taken begging within the parish and was sent to Teddington, where she said she was born, but that parish has sent her back again. Elzander Man, born in Forthampton, in the county of Gloucester, married a wife within the parish, who was received by her mother till she had two children; the said wife is now dead, and he is gone into Gloucestershire and has left his children to the keeping of the parish. Thomas Jones, born at Harfield, in the county of Gloucester, married a wife within the parish, and has two children; the said Jones being now gone, the parishioners would know if they might send the woman to her husband, or to the place where she or her husband was born.... Francis Gatfield has gone from the parish, leaving his child and some goods and money; the child is left in charge of the parish and the goods with his brother and sister; the parishioners desire to know whether they may not avoid keeping the child or seize the said goods towards its maintenance.
10. Petition to Justices of Wiltshire for Permission to Settle in a Parish [Hist. MSS. Com., Vol. I, p. 298], 1618.