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Dalton's The Country Justice, 1690
Volume 153, Page 209   View pdf image (33K)
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Chap. 83.

39 El. 17.
P. Mar. 9

Rogues.

    The Justice of Peace in, or near the place where any poor, idle, and
wandering Soldier or Mariner (coming from the Seas. or from beyond the
Seas) doth land, ought upon request to give him a Testimonial, under his
hand, licensing him thereby to pass the next and direct way to the place
whither he is to repair, expressing therein the time and place of such his
landing, with the place of his dwelling, or birth, to which he is to pass, and
to limit him a convenient time for his passage thither:  And such person
pursuing such a Licence, may ask and receive necessary relief, without the
danger of Law, 21 Jac. cap. 28.

209

Soldiers,
&c. from
Sea.

    " And if the person fall sick in the way, he shall not incur the penalty;
" and if when he comes to the place mentioned in the Testimonial,
" he cannot get work, he may complain to two Justices of Peace, and
" they shall take order to set him to work:  And for want of work, the
" Justices may tax the Hundred for his relief, until sufficient work may
" be had.  39 El. 17.
    But now Quære of these persons, and see infra.
39 El. 4.
P. Vag. 3.
    Also one Justice of Peace, (or the Constable, with the Minister, and
one other of the Parish) after the Whipping of a Rogue according to the
Statute, may make the said Rogue a Testimonial under their Hand and
Seal, for the conveying of such Rogue according to the Statute of 
39 El. 4.
    §. 40.
Rogues
whipped.
Testimonial.
    And yet such Rogues may not beg in their travel, neither may the
Constable of the Parish through which they pass, or any other person, give
them any relief (as it seemeth) for that were contrary to the Statute 1 Jac.
cap.
7. and a forfeiture of 10 s.   But now for that after so many years (since
the making of these Statutes) they will not be reformed of their Roguish
life, they are rather to be dealt withal as Incorrigible Rogues, sc. to be
carried by the Constable before the next Justice of Peace, and then by
Warrant from two Justices to be sent to the House of Correction, or to
the Gaol, there to remain until the next Quarter Sessions, &c.  See Statute
1 Jac. 7.  And the Directions of Sir Francis Harvey at Summer Assizes
1630, Hic. postea.
43 El. 3.
P. cap. 20.
    And as for the Soldier or Mariner (specially such as are sick, hurt, or
maimed) they now are usually, or may be relieved with Mony by the
Treasurers of every County where they come, viz. with such convenient
sums as may carry them to the next County; and this is by a latter Law,
and therefore now it may seem unfit; That either the Constable should relieve
them, or suffer them to beg or ask relief in their Towns, for so the
Country shall be double charged towards their relief, sc. in paying to the
Treasurer towards their relief, and again in giving them at home at their 
doors, 21 Jac. cap. 28.
    §. 11.
Soldiers.
39 El. 4.     So that I do not find, that any one or more Justices of Peace may or
can, in any case License any Man to beg, or ask relief at all; but only may
make a Testimonial or Licence in the two first former cases, sc. to such as
suffer Ship-wreck, and Soldiers or Mariners coming from the Seas, to pass
from place to place; and in those two cases only the Law tolerateth them
to ask and receive necessary relief, as aforesaid.  For I observed before,
That poor diseased persons travelling to the Baths (though Licensed by
two Justices of Peace) yet they might not beg, and besides must be provided
of maintenance for their travel.  See more in this title before.
    §. 12.
Licence to
beg.
    Likewise Poor Prisoners delivered out of Gaols, may in no wise beg,
39 El. c. 4.
    I observe further, That (by that Statute 39 El. c. 3. though it be now
expired) no person whatsoever, might go wandering abroad and beg, in

T 3



 
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Dalton's The Country Justice, 1690
Volume 153, Page 209   View pdf image (33K)
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