A website from the Massachusetts Historical Society; founded 1791.

Papers of the Winthrop Family, Volume 1

Draft of Assessment Bill, 1628?1
UNKNOWN

1628

An Acte to settle a Course in the Assessinge and Leuienge of Common Charges in Townes and parishes

For avoydinge of all dissention about Rates and Collections for Common Charges in Townes and parishes:

Be it enacted etc:

The Constables Churchwardens and Overseers of the poore of every parish or the greater parte of them wherof a Constable to be allwayes one shall have power from tyme to tyme to make a Rate or Taxation wherein shalbe sett downe how muche every person shall paye towardes the summe of xx s., accordinge to which rate being Confirmed by 2 Justices of peace of the same Limitts or neare therevnto (wherof one to be of the Quorum) all summes of monye to be levied or Collected within the same parish either for thinges Comillegible merchandise provisions or other service, or for the kinges Bench and marshallsey or other prisons, for maintaining souldiers, houses of Correction, Comon Charges for Armes and musters, or for Bridges, for Common Amercementes and other charges appertaininge to the Office of Constables. allso all Charges to be defrayed by Charges for reparations of the Churche and for renewals and other thinges incident to their office, shalbe from tyme to tyme Assessed and gathered by the severall officers whom they properly concerne. and for want of payment vpon lawfull demand shalbe levied (vpon warrant from 2 suche Justices of peace) by distresse and sale of the offenders goodes, and vpon default of sufficient distresse, the said Justice maye comitt the said offender to the comon gaol of the County there to remaine without Bayle or mainprise untill full payment be made.

And be it further enacted by the Authority aforesaid, that vpon Information given to 2 suche Justices of peace as aforesaid of any person that shall refuse to contribute to the aforesaid Rate according to the said assessment the said Justices (if they see iust cause) may ease the parte, but if any shalbe founde to complaine or refuse to contribute without just cause, they shall increase the more; And whosoever shall drive any of the said Officers or the Overseers of the poore, to 419gett the torn which they are rated vnto or any parte thereof by way of distresse, such offender shall beare all the charges torn to be deducted vpon the sale of the said distresse by illegible.

And it is intended by this Acte that all able Inhabitants of everye parish whither housekeepers or soiournours all occupiers of landes houses cole mines or other mines woodes or tythes (except parsons vicars and curates and other similar persons who shall not be chargeable to any suche Rate where they be attending vpon the cure of soules, otherwise then for suche landes tenementes rentes hereditamentes leases or other possessions which they shall holde and enioye aboue and besides their speciall promotions) shalbe lyable to contribute to the Rate or assessment.

And it is allso Intended by this present Acte that in making the assessed Rate respecte shalbe had as well to the abilitye of everye inhabitant dwelling within the bounds of the parish as to his landes rentes occupation or trade: and that the poor fermer be not oppressed while the landlord or riche owner goe lightly awaye, and that among fermers there be regard had to the difference of their peny worthes and termes: and that there be respect likewise had to the charge of children or parentes and iust debtes. and that there be difference made betwene such as keepe hospitality for the relief and maintenance of the poore, and imploy their stocks in trading and others that live by vsurye or obscurely and only to themselves.

And be it further enacted by the Authority aforesaid, that all Constables and Church wardens togither with the Overseers of the poore of every parishe, shall everye yeare meet togither in one of the Easter holy dayes, and then by conference amonge them selves with the assistance of their minister and suche other of the cheife of the parish as wilbe present, shall sett downe their severall accountes of all sorts of monye either by vertue of rates, or by towne landes or other wayes and means whatsoever received and distributed or rated or otherwise due and not gathered in the year last before, and the same being so cast vp and written in severall partes, and subscribed with the handes of all the said Officers and of the said minister and other Chiefe Inhabitants then present, shalbe by the said officers or some of them given vp to two suche Justices of peace at such tyme and place as they shall appoint for receiving the Accountes of the Overseers of the poore according to the Lawe and Custom allready established. And if any of the said Officers viz. Constables Church wardens and Overseers of the poore shall not make his accompt among his neighbours as before is appointed (not being lett by sicknesse or other iust cause to be allowed by the said 2 Justices of peace at their said meeting) he shall Forfeit 40 s. to the vse of the poore of the same parish to be levied by distresse by warrant from any 2 suche Justices of peace as shall sitt to receive the Accomptes as aforesaid, or shalbe imprisoned by them till he paye the same and all arrearages vpon torn of their Accomptes shalbe levied in like sorte.

And it is ment and intended by this Acte, that all Head borroughs and Tithingmen, (or by what soever other names they be called) which have the power and authoritye or acte in the place of a Constable shalbe included and taken within the word Constable in every branche of this Acte. And that the statute for the reliefe of the poore made in the 43 yeare of the late Queen Elizabeth shall remaine in force this Act notwithstanding.

1.

W. 1. 32. Cf. L. and L. , I. 220–221, and supra, pp. 304–305, 371, note 9 1 1.