Anno primo Iacobi Regis.
An Act for the charitable reliefe and ordering of persons infected with the Plague.
FOrasmuch as the Inhabitants of diuers Cities, Boroughs, townes corporate, and of other Parishes and places being visited with the Plague, are found to be vnable to relieue the poorer sort of such people so infected, who of necessitie must be by some charitable course prouided for, lest they should wander abroad, and thereby infect others: And forasmuch as diuers persons infected with that disease, and others inhabiting in places infected, aswell poore people and vnable to relieue themselues, that are carefully prouided for, as other which of themselues are of abilitie, being commanded by the Magistrate or Officer, of or within the place where the Infection shall bee, to keep their houses, or otherwise to separate themselues from company, for the auoiding of further Infection, doe notwithstanding very dangerously and disorderly demeane themselues:
Be it therefore enacted by the authoritie of this present Parliament,Taxing others for the reliefe of the sicke of the Plague. That the Maior, Bailiffes, head Officers, and Iustices of the Peace, of euery Citie, Borough, Towne corporate, and places Priuiledged, where any Maior, and Baliffes, head Officers, or Iustices of Peace are or shall be, or any two of them, shall haue power and authority from time to time, to taxe and assesse all and euery Inhabitant, and all Houses of habitation, Lands, Tenements and Hereditaments within the said City, Borough, Towne corporate, and places Priuiledged, or the Liberties or Precincts thereof, at such reasonable taxes and paiments, as they shall thinke fit for the reasonable reliefe of such persons infected, or inhabiting in houses and places infected in the same Cities, Boroughes, and Townes corporate, and places Priuiledged, and from time to time leuie the same taxes, of the Goods of euery person refusing or neglecting to pay the said Taxes, by Warrant vnder the Hand and Seale of the Maior and Bailifs, and head Officers aforesaid, or two such Iustices of Peace, to bee directed to any person or persons for the execution thereof. And if the party to whom such Warrant is or shall be directed, shall not finde any Goods to leuie the same, and the party taxed shall refuse to pay the same Taxe, That then vpon returne thereof the said Maior, Bailifs, head Officers or Iustices of Peace, or any two of them, shall by like Warrant vnder their hands and Seales, cause the same person so taxed to bee arrested and committed to the Gaole, without Baile or Maineprise▪ vntill he shall satisfie the same taxation, and the arrerages thereof.
And if the Inhabitants of any such Citie,The Inhabitants vnable to reliefe the Infected. Borough, Towne corporate, or place priuiledged, shall finde themselues vnable to relieue their said poore Infected persons, and others as aforesaid, That then vpon Certificate thereof by the Maior, Bailife, head Officers, and other the said Iustices of Peace or any two of them, to the Iustices of Peace of the Countie of or neere to the said City, Borough, Towne corporate, or priuiledged place so infected, or any two of them to be made, the said Iustices of or neer the said County or any two of them shall or may taxe and assesse the Inhabitants of the County within fiue miles of the said place Infected, at such reasonable and weekely Taxes and Rates as they shall thinke fit to be leuied, by warrant from any such two Iustices of peace, of or neer the County, by the sale of Goods, and in default thereof, by imprisonment of the bodie of the party taxed, as aforesaid.
[Page] And if any such Infection shall be in any Borough, Towne corporate, or priuiledged place, where there are or shall be no Iustices of Peace, or in any Village or Hamlet within any County, That then it shall or may be lawfull for any two Iustices of Peace of the said County, wherein the said place infected is or shall be, to Taxe and Assesse the inhabitants of the said County, within fiue miles of the said place infected, at such reasonable weekely taxes and rates, as they shall thinke fit for the reasonable reliefe of the said places infected, to be leuied by warrant from the said Iustices of Peace of the same County by sale of goods, and in default thereof, by imprisonment of the body of euery party so taxed, as aforesaid: The same taxes made by the said Iustices of peace of the County, for the reliefe of such Cities, Boroughes, Townes corporate, and places priuiledged, where there are no Iustices of peace, to be disposed as they shall thinke fit. And where there are Iustices of peace, Then in such sort as to the Maior, Bailifs, head Officers, and Iustices of peace there, or any two of them shall seeme fit and conuenient. All which taxes and rates made within any such City, Borough, Towne corporate, or place priuiledged, shall be certified at the next quarter Sessions to be holden within the same City, Borough. Town corporate, or place priuiledged, And the said Taxes and Rates made within any part of the said County, shal in like sort be certified at the next quarter Sessions to be holden in and for the said County, And that if the Iustices of peace at such quarter Sessions respectiuely, or the more part of them shall think fit the said taxe or rate should continue, or be enlarged, or extended to any other parts of the County, or otherwise determined, then the same to be so enlarged, extended or determined, increased, or taxed and leuied, in maner and forme aforesaid, as to the said Iustices at the Quarter Sessions respectiuely shall be thought fit & conuenient, And euery Constable, & other officer that shall wilfully make default in leuying such mony, as they shall be commanded by the said warrant or warrants, shal forfeit for euery such offence ten shillings, to be employed on the charitable vses aforesaid.
And be it further enacted,An infected person commanded to keep his house, disobeyeth. That if any person or persons infected, or being or dwelling in any house Infected, shal be by the Maior, Bailifs, Constable, or other head Officer of any City, Borough, Town corporate, priuiledged place, or Market Town, or by any Iustice of Peace, Constable, Headborough, or other Officer of the County, (if any such Infection be out of any City, Borough, Towne corporate, priuiledged place, or market Town) commanded or appointed, as aforesaid, to keep his or their House, for auoyding of further Infection, & shall not withstanding wilfully & contemptuously disobey such direction & appointment, offring & attempting to break & go abroad, & to resist, or going abroad, & resisting such Keepers or Watchmen as shall be appointed, as aforesaid, to see them kept in, That then it shall be lawfull for such Watchmen, with violence to enforce them to keep their houses. And if any hurt come by such enforcement to such Disobedient persons, That then the said Keepers, Watchmen, and any other their Assistants,Infected persons, how Felons. shall not be impeached therefore. And if any infected person as aforesaid, so commanded to keep house, shal contrary to such Commandement, wilfully and contemptuously go abroad, & shal conuerse in company, hauing any Infectious Sore vpon him vncured, That then such person & persons shalbe taken, deemed, & adiudged as a Felon, & to suffer pains of Death, as in case of Felony. But if such person shall not haue any such Sore found about him, Then for his said offence, to be punished as a Vagabond in all respects should, or ought to be, by the Statute made in the nine and thirtieth yeere of the Reigne of our late Souereigne Ladie Queene Elizabeth, for the punishment of rogues and vagabonds, And further to be bound to his or their good behauiour for one whole yeere.
Prouided, That no attainder of Felonie by vertue of this Act, shall extend to any attainder or corruption of blood, or forfeiture of any Goods, Chattels, Lands, Tenements, or Hereditaments.
And be it further enacted by the Authoritie aforesaid, That it shall be lawfull for Iustices of Peace, Maiors,Attendants appointed vpon the infected Bailifs, & other head Officers aforesaid, to appoint within the seuerall Limits, Searchers, Watchmen, Examiners, Keepers, & Buriers for the persons & places respectiuely, infected as aforesaid, & to minister vnto them Othes for the performance of their Offices of Searchers, Examiners Watchmen, Keepers & Buryers, & giue them other directions, as vnto them for the present necessity shall seeme good in their discretions. And this Act to continue no longer then vntill the end of the first Session of the next Parliament.
Prouided alwaies, and be it enacted by Authority of this present Parliament, That no Maior, Bailifs, head Officers, or any Iustices of Peace, shall by force or pretext of any thing in this Act contained, doe or execute any thing before mentioned,The Vniuersities, Cathedrall Churches, Eaton, Winchester. within either the Vniuersities of Cambridge or Oxford, or within any Cathedrall Church, or the Liberties or Precincts thereof, in this Realme of England, or within the Colledges of Eaton or Winchester, But that the Vicechancellor of either of the Vniuersities for the time being, within either of the same respectiuely, & the Bishop & Deane of euery such Cathedrall Church, or one of them, within such Cathedrall Church, & the Prouost or Warden of either of the said Colledges within the same, shall haue all such power & authoritie, & shall doe & execute all & euery such Act & Acts, thing & things in this Act before mentioned, within their seueral Precincts & Iurisdictions abouesaid, as wholly, absolutely, & fully to all intents & purposes, as any Maior, Bailifs, head Offices, or Iustices of Peace within their seuerall Precincts and Iurisdictions, may elsewhere by force of this Act doe and execute.
God saue the King.
Printed by Robert Young, Printer to the honourable Citie of London, 1630.