| Chap. 83. |
Rogues.
2. Infinite swarms of idle Vagabonds are rooted
out which before wandred
up and down, to the great danger and indignity of our Nation. |
205 |
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3. We our selves are now compelled but to
relieve the poor of our own
Parishes, (whose conditions and estates we know) and to a certainty of
gift, wherewith we are now taxed by our Neighbours; whereas before we
gave we knew not what, nor to whom; and many times to such as were
ready to have cut our throats, if opportunity had served them. |
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In this title of Rogues, I have intermingled certain
Resolutions of the
Judges, made upon the Statute 39 El. c. 4. for the better understanding
thereof, which Resolutions you shall find in Mr. Lambert. |
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39 El. 3.
P. Vag. 3.
1 Jac. 7. |
Any one Justice of Peace may appoint all Rogues
and Vagabonds
which shall be taken begging, wandering, or misordering themselves, to
be
stripped naked from the middle upwards, and to be whipped till their
Body be bloody, 21 Jac. cap. 28. |
§. 2.
One Justice
may cause
Rogues to
be whipped. |
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After such whipping, the said Justice of Peace shall
make them a Testimonial
under his Hand and Seal, testifying their punishment, and mentioning
the day and place thereof, and the place whither they are to go, and in
what time they are limited to pass thither, &c. |
Testimonial. |
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The Form of such a Testimonial, vide hic. |
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| P. Vag. 3. |
All Rogues and Vagabonds are to be sent and conveyed
forthwith,
from Parish to Parish, by the Officers (sc. the Constables of every
of the
same) the next straight-way to the Parish where they were born (if it may
be known by the parties confession, or otherwise;) or the place of his
birth
being not known, then to the Parish where such person last dwelt by the
space of one year, there to put themselves to labour; or) it not being
known where such person was born or last dwelt, then) to to the Parish
thorow which such person last passed without such punishment; and then
the Officers of such Village or Parish, are to convey them to the House
of
Correction of that Limit wherein that Village is, or to the Common Gaol,
there to remain and be employed in work, till they shall be placed in service
for one whole year; or not being able of body, till such person shall
be placed in some Alms-house of that County. |
§. 3.
Conveyance. |
Bulstr.
part 1.
p. 357. |
Rogues are not to be sent to the House of Correction,
but by Passes to
the place of their Birth; and although it shall appear a person was an
Inhabitant a long time in another Parish, and there become impotent by
any
mischance in labour, and then beg; yet he shall be sent to the place of
his
birth, as was resolved by Sir William Jones at Worcester Assizes,
Lent,
14 Car. 1. in the Case of one Chappel. And it was then
resolved, That if
a Woman, great with Child, be sent to the House of Correction, and be there
delivered of a Child, it shall not lie upon the Parish where the House
of Correction
is, but shall be sent to the place from whence she was sent, as the place
of her last settlement. |
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| Resol. 6. |
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
without punishment; where the Children must be relieved by the work of
their Parents, thô the Parents be committed to the House of Correction. |
§. 4.
Children. |
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A Rogue is taken at D. and will not confess
the place of his birth, neither
doth it appear otherwise, but that he confesseth truly his last dwelling
to be
at S. Whereupon he is whipped and sent to S. and coming
to S. the place of
his Birth is learned to be at W. and the Rogue confesseth it to
be so: In this
case the Rogue is to be sent to the place of his birth, without any new
Vagrancy,
for his setling at S. was no legal setling. Resol. 27. |
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Again, by the Statute made 7 Jac. 4. all
such Rogues, Vagabonds, sturdy |
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T
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