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Poor.
her out of it; and thereupon they went to Kimmalton, and took
a House
there, and lived in it a year; and at the instance of the Parish of K.
the
Landlord at the years end turned him out of the House: He complained
to
the Justices, who ordered the Parish of K. to provide him a House;
and
for not doing it, were in contempt. And upon complaint at Hereford
Lent
Assizes, 7 Car. 1. Whitlocke, Justice of Assizes, discharged the
Overseers of
their contempt, and discharged the order made upon K. by the Justices,
as
being against law; for that W. was not a poor or impotent person
within
43 Eliz. 2. And the Justices had no power by that Law to compel
and to provide
a House for him, for he might provide one himself. Inter
Parochias de
Laystas & Kimmalton, Bulstr. part 2. p. 242. |
Chap. 73. |
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And so of them that have or shall have Houses, when
their Estates be
expired; and servants, whose times of service are ended though they cannot
get Houses; for they must provide themselves Houses anew, if they
be not impotent. Ibid. |
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So that such persons, whose Estates of their Houses
be expired, and
servants when their service is ended, they shall not be put out of the
Towns
where they so last dwelt or served: Neither are they to be sent
from
thence to their place of birth or last habitation, but are to be setled
there
to work being able of body, or being impotent, are to be there relieved;
and yet if such persons shall wander abroad begging, out of that Parish,
then they may be sent as Vagabonds (from the place where they shall be
taken wandring or begging) to their place of birth, &c. |
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But for the placing and setling of these Poor people
(who now for
want of Charity are much sent and tossed up and down from Town to
Town, and from Country to Country) it hath been holden by some, that
it is in the power of the next Justice of Peace to give order therein,
and
that upon appeal from him, the Justices of Peace at the Quarter Sessions
may fully take order therein, and that their order made in Sessions will
not
easily be avoided. |
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But Sir Francis Harvey at Summer Assize at
Cambridge, An. 1629. did
deliver it, That the Justices of Peace (especially out of their Sessions)
were not to meddle, either with the removing, or setling of any Poor,
but only of Rogues. |
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If a Man hireth an House in A, and being
there with his Wife and
Children, he afterwards shall bind himself as a servant with one dwelling
in B. yet are not his Wife and Children to be sent to B. or
placed there, but
are to remain still at A. where they were once setled. Otherwise,
if the
Husband hath hired an House in B. |
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A Man with his Wife and Children takes an House
in one Parish for a year,
and before the end of the term is put out of possession, and then goeth
into
another Parish; where the Woman in a Barn, &c. is delivered of a Child:
This thrusting out of Possession was an illegal unsetling (which the Law
forbideth,
for that none must be forced to turn Vagrant) and therefore such an one
must be returned to the Town and Parish where he or she was last lawfully
setled, and the Child also born in the time of this distraction must be
sent
with them. Resol. 24. |
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A Woman unmarried being an hired servant in A.
and is there gotten
with Child, after her time of service expired, she goeth into another Parish,
and is there hired in service, or is there otherwise setled by the
space of
one month, and is then discovered to be with Child, here she is
not to be sent
to the place or Parish where she was begotten with Child; but to the place
where she was last lawfully setled. Resol. 12. |
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