¶ An Acte for the amendynge of hyghe wayes.

FOr amending of high waies being now bothe very noysome and tedious to trauaile in, and daungerous to al passengers, and cariages. Be it enacted by thauctoritie of this presente parliament, that the constables and church wardens of euery parishe within this realme, shall yerely vpon the twesdaye or wednesdaye in Easter weke, cal together a numbre of the pa­rochians, and shall then elect and chuse two honest persons of the parishe, to be surueyours and orderers for one yere, of the workes for amendement of the high waies in their parishe, leading to any market towne, the which persons shal haue aucthoritie by vertue hereof to order and directe the persons and ca­riages that shalbe appointed for those workes by their discretions, and the said persons so na­med shal take vpon them the execution of their said offices vpon payne euery of them making defaulte to forfeyte twenty shillinges. And the saide constables and churchwardens shal then also name and appoint foure daies for thamendinge of the saide waies before the feaste of the natiuitie of S. Iohn Baptist then next folowing. And shal openly in the church the next son­day after Easter geue knowledge of the same foure daies, and vpon the saide daies the paro­chians shal endeuour them selues to the amendinge of the sayde waies, and shalbe chargeable therevnto as foloweth, that is to say, euerye person for euery plowlande in tillage or pasture, that he or she shal occupie in the same parishe, and euery other person kepinge there a draught, or plow, shal finde & sende at euery day & place to be appointed for the amēding of the waies in that parishe as is aforesaid, one wayne or cart furnished after the custome of the coūtrey, with oxen, horses, or other cattell, and all other necessaries mete to cary thinges conuenient for that purpose, and also able men with the same, vpon paine of euery draught makinge defaulte ten shillinges, and euery other housholder, & also euery cottiger & labourer, of that parishe able to labour & being no hyred seruaunte by the yere, shall by thēselues, or one sufficient labourer for euery of them vpon euery of the said foure daies, worke & trauel in thamendement of the sayd highwaies vpon paine of euery person making default to lose for euery daye .xii. pence. And if the cariages of the parishe or any of them shal not be thought nedefull by the superuisours to be occupied vpon any of the sayd daies, that then euery such person that should haue sent any suche cariage, shal send to the sayd worke for euery cariage so spared, two able men, there to labour for that day, vpon paine to lose for euery man not so sent to the said worke, xii. pence. And euery person and cariage aboue saide, shal haue and bring with them such shouels, spades, pic­kes, mattockes, and other toles, and instrumentes, as they do make theyr owne diches and fences withal, and such as be necessary for their said worke. And al the sayd persons and cari­ages shal do and kepe theyr worke, as they shalbe appoynted by the sayd superuisours, or one of them, eyght houres of euery of the sayde dayes, onles they shalbe otherwyse lycensed by the sayde superuisours, or one of them.

And be it enacted by the aucthoritie aforesayde, that the Stewarde, and Stewardes of euery lete and lawdaye, shall therein haue full power and aucthoritie, to enquyre by the othes of the suters of all and euery thoffences that shalbe committed within the lete or lawdaye, agaynst euery poynte, and article of this estatute, and to assesse suche reasonable fynes, and amerciamentes for the same, as shalbe thought mete by the sayde Stewarde. And in default of suche enquyre, or presentment, the iustices of peace of euery place or county, shal haue auc­torytye to enquyre of the same offences, which shalbe commytted within the lymyttes of their [Page] commission at euery their quarter sessions, and to assesse such fines therfore, as they or two of them, wherof one to be of the Quorum, shal thinke mete. And the stuward of euery lete & law­day shal make estreates endented of al the fines, forfeytures, and amerciamentes, for the de­faultes presented before him, & shall deliuer thone parte therof, sealed and signed by him to the bailife or high constable of euery hundred rape, lath, or wapentake, wherin the defaultes shal be presented, and thother halfe to the constable and churchwardēs of the parishe, wherin the defaultes was made, the same to be yerelye deliuered within sixe wekes after the feast of S. Michell tharchangell, and the clarke of the peace shall make the like estreates endented of the fines, forfeytures, and amerciamentes for the defaultes presented before the Iustices of peace and shal seale, subscribe and deliuer the same, in like sort as is aforesayde, the which estreates & euery of thē, shalbe a sufficient warrant to the said bailife or chiefe constable, to leuie the said amerciamentes, fines, and forfeytures, by way of distresse. And if no sufficient distresse can be founde by the said bailife or head constable, or if the sayde offender shal obstinatly refuse to pay the said amerciament, fine, or forfeyture, and do not pay the same within twenty daies after a lawful demaunde of the same by the sayde officer, that then euery suche person to forfeyte the doble somme that he should before haue payde.

And be it further enacted, that euery of the said bailifes & head constables shall at the leaste once euery yere betwixte the first day of Marche & the last day of Aprill, make a true accompt and paiment of al such sommes of money (to the constable & churchwardens of euery parishe wherin the offences was cōmitted or to two of them) as he shal haue collected vpon any of the aforesaid estreates, vpon paine to forfeyte for euery time he shall not so do .xl. shillinges.

And be it enacted by thaucthoritie aforesaide, that al fines, amerciamentes, and forfeytu­res, which shalbe dew for any offence against the puruey of this estatute, shalbe to the churchwardens of euery parishe wherin thoffēces shalbe cōmitted, to be bestowed of the highwaies in the saide parishes, and the sayde churchwardens shal haue aucthoritie to call the saide bay­life and headconstable to accompt before the Iustices of peace or two of them, whereof one to be of the Quorū, by bil, infourmation or otherwise. The which Iustices shal haue auctoritie to take the sayde accompt, and to commit the saide baillife or headconstable to prison there to re­mayne vntil he shal pay al such arrerages as shalbe adiudged by the said Iustices, and euerye of the said bailifes & headconstables vpon their accomptes shal haue allowed for euery pound he shal collect and pay, viii. pence for his owne paines, and .xii. pence for the fees of the clarke of the peace or stewarde of the lete for thestreates endented of euery seuerall parishe that they shal deliuer as is aforesaid, & the successours of euery churchwardens shal haue the like action of accompt against their predecessours as is before appoynted agaynst the bailifes. This act to continue for seuen yeres next after the beginning of this parliament. And to the ende of the next parliament then next folowynge.

God saue the Kynge and the Quene.

EXCVSVM LONDINI IN AEDIBVS IOHANNIS CAVVODI TYPOGRAPHI REGIAE MAIESTATIS. Anno. M.D.LV.

Cum priuilegio ad imprimendum solum.

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