Aldermen, Eight and forty Persons, and such other Charitable Persons
elected and constituted, as is herein mentioned and expressed, for the
time being, shall for ever hereafter in Name and Fact, be one Body
Politic and Corporate in Law, to all Intents and Purposes, and shall have
a perpetual Succession, and be called by the Name of The Governor,
Deputy-Governor, Assistants, and Guardians of the Poor in the said City
of _Bristol_; and that they shall be enabled to Plead and Sue, and to be
Sued and Impleaded by that Name, in all Courts and Places of Judicature
within this Kingdom; and by that Name shall and may, without License in
Mortmain, Purchase, Take, or Receive any Lands, Tenements or
Hereditaments, of the Gift, Alienation or Demise of any Person or
Persons, who are hereby, without further Licence, enabled to transfer the
same, and any Goods and Chattles whatsoever, for the Use and Benefit of
the Corporation aforesaid. And for the better governing of the said
Corporation, the said Mayor, Aldermen, and Eight and forty Persons, or
the Majority of them, shall have, and hereby have Authority to meet on
the Nineteenth Day of _May_ next following, in St. _George’s Chapple_
in the said City, or in some other convenient Place there, and shall on
that Day, or any other Day or Time, that to them shall seem convenient,
Elect and Constitute out of and from amongst themselves, the several
Officers following (that is to say) one Governor, one Deputy-Governor,
one Treasurer, and twelve Assistants, to continue in the said Office for
one Year, and no longer; and from thenceforth the said Governor,
Deputy-Governor, Assistants, Treasurer, and other Officers, shall Yearly,
and every Year, by the said Mayor, Aldermen, Forty-eight Persons, and
such other charitable Persons as shall be Elected and Constituted as is
herein mentioned and expressed, or the Majority of them, be Elected and
Constituted out of and from amongst themselves, on the Second _Thursday_
in the Month of _April_, or any other Day or Time, as they shall think
convenient, to continue in their respective Offices for one Year and no
longer; and the said Mayor, Aldermen, and Forty-eight Persons, and such
other Charitable Persons that shall be Elected and Constituted, as herein
mentioned and expressed, for the Time being, or the Majority of them,
shall have Power, in case of the Death of any such Officer so Elected and
Constituted, before the said Year expired, to Elect and Constitute others
in their Room, to hold the said Office for the Remainder of the said
Year, and shall have Power and Authority at any Time or Times, for just
Cause, to remove, displace, and put out any such Officer out of his said
Office, and to Elect and Constitute another in his Room.
And be it further Enacted by the Authority aforesaid, That the said
Governor, or in his Default, the said Deputy-Governor, or in both their
Defaults, Six of the said Assistants for the Time being, shall have, and
hereby have Power and Authority, and are hereby Enjoyned and Required
from time to time, upon the Second _Thursday_ in every Second Month in
every Year, accounting _January_ for the first Month, to hold and keep a
Court or Assembly of the said Corporation within the said City of
_Bristol_, of one and Twenty of the said Guardians at least, on the Days
and Time, and in manner, and for the ends in this Act mentioned; (that is
to say) The said Governor shall hold the said Court or Assembly between
the Hours of One and Two in the Afternoon; and in his Default, the said
Deputy-Governor, or any Six of the said Assistants, shall, after the Hour
of Two, hold the same; and also, the said Governor for the time being,
shall have, and hereby hath Power and Authority, at any such other time
or times as to him shall seem meet, to Summon, Assemble and hold a Court
or Assembly of the said Corporation, upon two Days Notice or Warning at
the least to be given of such Court or Assembly to be held; and in case
any twenty of the said Guardians, upon any Emergency, signifying it under
their Hands to the Governor for the time being, That it is their Desire
that an extraordinary Court or Assembly of the said Corporation may be
called and held, the said Governor shall be bound, and is hereby Enjoyned
and Required to call and hold such Court or Assembly at such Time as the
said twenty Guardians shall so desire; and on his Refusal, the said
Deputy-Governor for the Time being, on such Signification, shall be
Bound, and is hereby likewise Enjoyned and Required to call and hold the
said Court or Assembly, and on his Refusal, any six of the said
Assistants shall have, and hereby have Authority to call and hold the
said Court or Assembly; at all which Courts or Assemblies all and every
Member and Members of the said Corporation for the Time being, are hereby
Enjoyned to appear and be present, and not to depart from the same
without the Licence of the said Court or Assembly, on pain to Forfeit
such reasonable Sum and Sums of Money, not exceeding Five Shillings, to
the Use of the said Corporation, as by the said Court or Assembly, or any
succeeding Court or Assembly, shall be Assessed upon them, unless they
can shew some reasonable Excuse to be allowed of by the said Court or
Assembly; and the said Court or Assembly are hereby Impowered to Summon
to appear before them any of the Inhabitants of the said City to answer
to Matters relating to the said Corporation, who are hereby required to
appear upon such Summons, and answer such Questions, on Forfeiture, to
the Use of the said Corporation, of a Sum not exceeding two Shillings and
Six-pence for every Default to be Levied as is herein after directed.
And be it further Enacted by the Authority aforesaid, Thar the said
Corporation, at the said Court or Assembly, shall have, and hereby have
Power and Authority from time to time to make and appoint a Common Seal
or Seals for the Use of the said Corporation, and to make and ordain
By-Laws, Rules and Ordinances for and concerning the better Governing the
said Corporation, and the Poor of the said City, and shall have, and have
hereby Power to Purchase, Buy or Erect an Hospital or Hospitals,
Work-house or Work-houses, House or Houses of Correction, and to provide
other Necessaries they shall think convenient for the setting to work the
Poor of the said City, of what Sex or Age soever they be, and shall have,
and hereby have Power and Authority to compel such idle or poor People
begging or seeking Relief, who do not betake themselves to some lawful
Imployments, and such other Poor who do or shall hereafter receive Alms
of the respective Parishes or Places where they Inhabit or Seek the same,
or by any of the Laws now in force ought to be maintained or provided for
by any Parish or Place within the said City, to Dwell and Inhabit in such
Hospital or Hospitals, Work-house or Work-houses, and to do such Work as
they shall think them able and fit for; and to detain and keep in the
Service of the said Corporation, until the Age of sixteen Years, any poor
Child or Children of the said City, left to be maintained by the said
City, or any Parish or Place in the same, or begging or seeking Relief,
or which by any of the Laws now in force ought to be maintained and
provided for by any Parish or Place within the said City, or the Child or
Children of any other Person or Persons, that are or shall be willing or
desirous to place or put their Child or Children in such Hospital or
Hospitals, until their said Age of sixteen Years; and after they shall
have attained their said Age of Sixteen Years or sooner, the said
Corporation, by Indenture, shall have Power to Bind and Put forth such
Child or Children Apprentices, to any honest Person or Persons within the
Kingdom of _England_, for any Number of Years, not exceeding seven Years,
as they shall think convenient; which Indenture shall be binding to such
Child or Children.
And be it further Enacted by the Authority aforesaid, That the said Court
or Assembly so constituted, as aforesaid, shall have, and hereby have
Power to inflict such reasonable Correction and Punishment on any poor
Person or Persons within the said Hospital or Hospitals, Work-house or
Work-houses, House or Houses of Correction, that shall not conform to
such Rules, Orders and Ordinances so made, as aforesaid, or misbehave
themselves in the same; and that the said Court or Assembly so
constituted, as aforesaid, shall have, and hereby have Power to appoint a
Committee to consist of One and Twenty of the Guardians at the least,
who, or any five of them, of which two shall be Assistants, shall from
time to time, or at any time until the next Court, have Power to inflict
such reasonable Correction and Punishment, as aforesaid, on any such poor
Person or Persons offending as aforesaid.
And for the better carrying on so Pious and Charitable a Work, be it
Enacted by the Authority aforesaid, That it shall and may be Lawful for
the said Corporation, in their said Courts or Assemblies, from time to
time, to set down and ascertain what Sum, or Sums of Money shall be
needful for the Building and Erecting of such Hospitals, Work-houses, or
Houses of Correction, so that the same do not exceed the Sum of five
Thousand Pounds, to be raised within the Space of three Years, or any
longer Time, as to them shall seem meet, by such Quarterly or other
Payments, as they in their Discretion shall think fit; and also from time
to time, to set down and ascertain what Weekly, Monthly, or other Sums,
shall be needful for the Maintenance of the Poor in the said Hospital or
Hospitals, Work-house or Work-houses, House or Houses of Correction, or
within the Care of the said Corporation, so that the same do not exceed
what hath been paid in the said City towards the Maintenance of the Poor
thereof, in any one of the three last Years; and shall and may, under
their Common Seal, certify the same unto the Mayor and Aldermen of the
said City for the time being; which said Mayor and any two of the
Aldermen, or any Five of the said Aldermen without the Mayor, may, and
are hereby required from time to time, to cause the same to be raised and
levied by Taxation of every Inhabitant, and of all Lands, Houses, Tythes
Impropriate, Appropriation of Tythes, and all Stocks and Estates in the
said City and County of the same, in equal Proportion, according to their
respective Worth and Values: And in order thereunto, the said Mayor and
any two of the said Aldermen, or any five of the said Aldermen without
the Mayor, shall have power, and are hereby required indifferently, to
proportion out the said Sum and Sums upon each Parish and Precinct within
the said City, and by their Warrants under their Hands and Seals to
authorize and require the Church-wardens and Overseers of the Poor of
each respective Parish and Precinct, to Assess the same respectively; and
after such Assessment made, by like Warrant under their Hands and Seals,
to authorize the said respective Church-wardens and Overfeers to Demand,
Gather, and Receive the same, and for Non-payment thereof (being lawfully
demanded) to Levy the same by Distress and Sale of the Goods of the
Offender, restoring the Surplusage to the Party so distrained; and if no
Distress can be found, then it shall and may be lawful to and for the
said Mayor, and any two of the Aldermen, or any five of the said Aldermen
without the Mayor, to commit such Offender to Prison, there to remain
without Bail or Mainprize, till the same shall be paid: And after the
same shall be received, to pay the same unto the Treasurer of the said
Corporation for the time being. Provided always, That if any Person or
Persons, Parish or Precinct, find him or themselves to be unequally Taxed
or Assessed, he or they may Appeal to the Justices of the Peace of the
said City and County, at their next General Quarter-Sessions after such
Assessment made and demanded, who shall and hereby have full Power and
Authority, to take and make a final Order therein.
And for the Encouragement of such as shall be Benefactors to so good a
Design, Be it enacted by the Authority aforesaid, That if any Man
charitably disposed, shall give one hundred Pounds, or more, towards
carrying on the said Work, It shall and may be Lawful for the said
Corporation, at a Court where there shall be present three and thirty of
the said Guardians at the least, to elect and constitute such charitable
Person to be Guardian of the Poor of the said City, and to continue in
the said Office, as long as to the said Corporation shall seem meet.
And be it further enacted by the Authority aforesaid, That the said
Corporation shall have the Care of, and provide for the Maintenance of
all the Poor of the said City, of what Age soever they be, except such as
shall be otherwise Efficiently Provided for by the charitable Gifts of
other Persons, or in Hospitals or Alms-houses within the said City
already erected: And in order thereunto shall have full Power to examine,
search and see what poor Persons there are come into, Inhabiting and
Residing within the said City or any Part thereof; and shall have Power
to apprehend or cause to be apprehended any Rogues, Vagrants, or
Sturdy-Beggars, or idle or disorderly Persons within the said City and
the County thereof, and to cause them to be kept and set to Work in the
said Work-houses, Hospitals or Houses of Correction, for the Space of
three Years.
Provided always, and be it enacted by the Authority aforesaid, That this
Act, or any thing herein contained, shall not any ways extend to give the
said Corporation any Power or Authority over any Alms-house or Hospital,
or any other charitable Gift or Use, within the said City, already Given,
Settled or Erected, but that the same shall be wholly exempted therefrom;
any thing herein to the Contrary notwithstanding.
And be it further enacted by the Authority aforesaid, That the said
Corporation in their said Court or Assembly, shall have hereby Power to
choose and entertain all such other Officers as shall be needful to be
employed in and about the Premisses, and them or any of them, from time
to time to remove as they shall see Cause; and upon the Death or removal
of them, or any of them, to choose others in their Place, and to make and
give such reasonable Allowances to them, or any of them, out of the Stock
or Revenue belonging to the said Corporation or Hospitals, as they shall
think fit.
Provided always, and be it further enacted by the Authority aforesaid,
That no Officer or Officers, who shall be elected, chosen, appointed or
employed, in the Execution of, or by Virtue of this Act, or any of the
Powers or Authorities thereby given, shall be liable for or by reason of
such Office or Execution, to any of the Penalties mentioned in an Act
made the Five and Twentieth Year of the Reign of King _Charles_ the
Second, for the Preventing the Dangers which may hapen from Popish
Recusants.
And it is further enacted by the Authority aforesaid, That the said
Treasurer for the Time being, and all other Officers belonging to the
said Corporation, Hospitals, Work-houses, or Houses of Correction, shall,
from time to time, before such Person or Persons as the said Corporation
shall thereto appoint, account for such Moneys, Stock, and other Things
belonging to the said Corporation, Hospitals, Work-houses, or Houses of
Correction, as shall come to their respective Hands, or be under their
respective Care, upon every reasonable Warning and Notice thereof, by the
said Corporation to them respectively given; and on their Neglect or
Refusal to Account, as aforesaid, shall or may be, by the said Mayor, or
any two of the said Aldermen, committed to the County Goal for the said
City and County of _Bristol_, there to remain without Bail or Mainprize,
untill they shall become conformable, and Account, as aforesaid; and if
upon such Account there shall appear any Thing to be in their Hands
belonging to the said Corporation, Hospitals, Work-houses, or Houses of
Correction, they shall pay and deliver the same, as the said Corporation
shall direct, or give such Security for the same, as the said Corporation
shall approve of, on pain to forfeit double the Value thereof, to be
recovered by the said Corporation, by Action of Debt, Bill, Plaint or
Information in which no Protection, Essoign, or Wager in Law, or any more
than one Imparlance, shall be admitted or allowed.
And it is further enacted, That all other Pains, Penalties and
Forfeitures by this Act appointed, shall be Levied by Distress and Sale
of the Offenders Goods, by Warrant under the Hand and Seal of the said
Treasurer for the time being, restoring to the Offender the Overplus.
And be it further enacted by the Authority aforesaid, That if any Person
or Persons shall be sued for any Matter or Thing which he shall do in
Execution of this Act, he may plead the General Issue, and give the
special Matter in Evidence: And if the Verdict shall pass for the
Defendant, or the Plaintiff shall be nonsuited, or discontinue his Suit,
the Defendant shall recover his Treble Costs. And this Act shall be taken
and be allowed in all Courts within this Kingdom as a Public Act; and all
Judges and Justices are hereby required, as such, to take Notice thereof,
without specially Pleading the same; and all Mayors, Justices, Sheriffs,
Bayliffs, Constables, and all other Officers and Ministers of Justice,
are hereby required to be aiding and assisting to the said Corporation,
and to such Officers as shall be employed by them, or any of them, in
Execution of this Act, or any of the Powers or Authorities hereby given.
AN
ACCOUNT
OF THE
PROCEEDINGS
OF THE
Corporation of Bristol,
In Execution of the
Act of Parliament
For the Better
Employing and Maintaining
the
POOR
Of That CITY.
TO THE
Right Honourable
AND
HONOURABLE,
THE
Lords Spiritual and Temporal,
AND
Commons in Parliament
assembled.
May it please your Honours,
I HUMBLY make bold to lay before You, an Account of our Proceedings in
the City of _Bristol_, on the Act of Parliament for Erecting Hospitals
and Work-houses for the better employing and maintaining the Poor of that
City, which passed in the first Sessions of the Parliament begun at
_Westminster_ the 22d of _November_, 1695, whereby the Power invested in
the Corporation commenced from the 12th of _May_ 1696.
The first Thing we did, was to choose four Guardians for each of our
twelve Wards, as the Statute directs, which, with the Mayor and Aldermen,
amounted to sixty Guardians, and made up our Court.
The Court being thus constituted, at our first Meeting we chose our
Officers appointed by the said Act, _viz._ a Governor, a Deputy-Governor,
twelve Assistants, a Treasurer, a Clerk, and a Beadle.
This being done, we order’d the Guardians who dwelt in each Parish, to
bring in an Account of all the Poor in their respective Parishes, their
Names, Ages, Sexes, and Qualifications. Also an Account of the Charges
expended for maintaining them in each of the last three Years, that so we
might bring it to a _Medium_. We also appointed certain standing Rules
for the better governing our Debates, and ordered all Things done in the
Court to be fairly enter’d in a Journal.
We likewise considered which would be most for the advantage of the
Corporation, to build Work-houses, or to purchase such Houses, which
being already built, might be alter’d and made fit for our purpose.
These Things spent much Time, and it was about the Month of _September_
before we could settle the _Medium_ of the Poor’s Rates, in order to
certify to the Mayor and Aldermen what Sum was necessary to be raised on
the City for the next Year.
But here we met with an unexpected _Remora_, Mr. _Samuel Wallis_ was
succeeded in his Majoralty by Mr. _J. H._ and this Change made a great
Alteration in our Affairs: For whereas the former had given us all the
Incouragement we could expect from him, and had done us the Honour to be
our first Governor, the latter resolved to obstruct us all he could. And
because the Power of raising Money was vested in him and the Aldermen, he
absolutely refused to put that Power in Execution.
This, together with his other Endeavours to Brow-beat the Corporation,
kept us at a stand till _October_ (97.) only our Court met, and discourst
things, and we laboured to keep up the Spirits of our Friends, who began
to sink under these Discouragements, and to despair of Success, the Work
seeming difficult enough in it self; our undertaking being nothing less,
then to put to Work a great Number of People, many of which had been
habited to Laziness and Beggary; to civilize such as had been bred up in
all the Vices, that want of Education could expose them to; and to cloth,
lodge, and feed them well, with the same Sum of Money which was
distributed among them when they beg’d, lay in the Streets, and went
almost naked.
Yet all this would not have discouraged us, could we have prevailed on
Mr. Mayor to have joyned with us. We often sought it, and he as often
refused us, till his time being expired, his Successor granted our
Request; and then, having lost much time, we were forced to make large
steps.
The first we made was, a Vote to take on us the Care of the Poor of the
City; and as I remember, this Vote passed in _October_ or _November_
1697, though we had then no Money raised, nor could we expect any till
after our _Lady-day_ 1698. So that from the passing that Vote to this
Time is about two Years.
The next step was to appoint a Committee of Twelve to hear the Complaints
of the Poor, to relieve them, and set them at work; six whereof were to
go out every Month, and to be succeeded by Six more, to be chosen by
Ballating.
We had formerly obtained from the Mayor and Common Council, in the
Majoralty of Alderman _Wallis_, the Grant of a Work-house, which then lay
unoccupied, and the Court had appointed a Committee to place as many
Girls in it as it would conveniently contain, both as to Lodging and
Working. This is that we called the _New work-house_.
But all things having stood still so long, we resolved now to loose no
more time; yet we had no Money, nor could we expect any in less than six
Months, from the Poor’s Rates; therefore we resolved to make our
several Loans for twelve Months without Interest to the Corporation on
the Credit of their Common Seal; in which Design many of the Citizens
lent their Assistance, whereby we became soon Masters of about six
Hundred Pounds Stock. Likewise our Guardians, who were appointed to pay
the Poor in their several Parishes, voluntarily advanced their weekly
Payments, till they could be reimburst by the Treasurer. The other Stock
we employed to furnish Beds, and other Necessaries for our Children to be
taken in, and Materials for their working.
We had now two Committees; one for the Poor, the other for the New
Work-house.
The Committee for the Poor met twice every Week: And in this Committee we
proceeded thus:
_First_, We voted that the Poor of the City should be visited in their
respective Parishes, and that new Poor’s Rates should be made; and
accordingly we ordered the Guardians of each Parish to bring together the
Poor on a certain Day in some convenient Place, where the Committee met,
and without Partiality endeavoured to provide for every one according to
their Wants, we likewise took Notice of all the young Girls that were on
our Poor’s Books, and of such whose Parents took no due Care of them:
and these we recommended to the Committee of the New Work-house, to be
taken in, and employed by them.
Our Poor’s Rates we made in this manner: Every one that expected
Relief, came before us with their whole Families, except such as was
impotent and could not come: In our Books we put down the Name of the
Man, the Woman, and each Child; together with the Qualifications of all,
either as to Age, Health, Civility, &c. what each Person did, or could
get by the Week, and in what Employment. We likewise set down for what
Reason the Charity was bestowed; that when that should cease, or we could
find out any other Way to provide for it, the Charity should likewise
cease.
Having thus seen the State of all our Poor, and provided for them, the
Committee sat twice a Week in the Public Court, to hear and provide for
all casual Complaints; which we did in this Manner: We ordered that the
Poor in their respective Parishes, should first apply themselves to their
Guardian or Guardians, who were to relieve them as they saw fit, till the
next Sitting of the Committee, when they were to bring them up with their
Complaints, if they were able to come; and this we did, lest the
Committee (three whereof made a _Quorum_) should be deceived; who could
not be supposed to know the State of all the Poor in the City, and by
this Means we had the Opinion of the Guardian of each Parish; nor could
he easily deceive us, because he brought the Poor with him, and thereby
the Committee became Judges of the Matter laid before them. At these
Meetings, Care was taken of the various Cases and Exigencies which
offer’d, and in all Things there was a Regard, as much as could be, to
put People on living by their own Labours.
To such as were sick, we gave Warrants to our Physician to visit them;
such as wanted the Assistance of our Surgeons were directed to them, and
all were reliev’d till they were able to work; by which Means the Poor
having been well attended, were set at work again, who, by Neglect, might
with their Families have been chargeable to the Corporation; for some we
provided Cloaths, for others Work; where we found People careful, but
wanted a Stock to employ themselves and Children, we either lent or gave
it; where they wanted Houses, we either paid the Rent, or became Security
for it; where we found them opprest, we stood by them; where Differences
arose, we endeavoured to compose them; so that in a little time all the
Complaints of the Poor came to this Committee, which saved our
Magistrates a great deal of Trouble, and Care was taken that none went
away unheard.
The Committee at first sat twice a Week, but now only once in a
Fortnight; not that we grew slack in the Care of our Poor, but because
their Number being so much abated, by those received into our several
Work-houses, the Business not requiring their meeting oftner.