case the king against the parish OF CHISTLETON king bench easter term car roll  crown side precedent of a order of session for the removal and settlement of a  pauper wilts to wit at a general session of the peace of our lord the king  hold at Marlborough in and for the county aforesaid on Tuesday to wit the  three day of October in the thirtyfourth year of the reign of the Lord Charles  the second by the grace of God of England Scotland France and Ireland king  defender of the faith c before Jacob long baronet Gilbert Talbot knight John  Talbot knight and other their fellow justice of the say lord the king assign  to keep the peace in the county aforesaid and also to hear and determine  diverse felony trespass and other misdemeanour commit in the same county c  upon complaint make unto this court by the overseer of the poor and other the  inhabitant of the parish of Wroughton in this county that John robbins a poor  inhabitant of the parish of Chistleton in this same county have late intrude  himself with his wife and family into the parish of Wroughton this court upon  hear of counsel and witness and what can be allege on either side do order and  adjudge the say John robbins to be a settle inhabitant of Chistleton aforesaid  and the overseer of the poor of the same parish be hereby order to receive he  the say John robbins with his family into their say parish of Chistleton and  provide for they as their poor accord to law and the inhabitant of the parish  of Wroughton aforesaid be hereby discharge of and from the say John shower KB  robbins or his say family or any thing relate thereunto I move to quash this  order first for that the justice of the peace have no power to make a order of  this nature the power of a justice of the peace be either by the commonlaw or  by his commission or else by some particular statute it must be agree that  vagabond labourer beggar and bastardchildren c be within their authority and  perhaps to adjudge their habitation and order their removal to the place of  their birth or former abode but that be not our case by the commonlaw and  before the reign of queen Elizabeth there be no provision at all make for the  poor maintenance unless in some particular city and borough as London c where  by custom the major part be wont by a kind of bylaw to conclude the rest into  a rate but the general sustenance of the poor in ancient time be by charitable  and voluntary contribution of religious and other welldisposed person and for  the most part they be appurtenance or rather encumbrance to the religious  house as the abbey monastery and nunnery and in our law book we find this  reason give why the revenue of the church shall be encourage and support  videlicet for the maintenance shower KB er p of charity and hospitality and  for any thing I can observe it be the sole provision for the poor in those day  nay by the Richard c it be enact that in every licence of appropriation of any  parish church it shall be express contain that the diocesan of the place upon  the appropriation of such church shall ordain a convenient sum of money to be  pay yearly of the fruit and profit of the same church by those that will have  the say church in proper use and by their successor to be distribute among the  poor parishioner of the say parish in aid of their live and sustenance every  word of which Act be a argument that the poor be reckon God and the churchman  their overseer as if the lawmaker fear that when those land be get into  laymens possession charity will wax cold they therefore make this provision  shower KB now their commission give they no such power in this respect unless  poverty be a crime and to be hungry a breach of the peace justice of the peace  be create by Edward c but first name so by Edward c and before and at that  time there be a keeper peace and such be all constable now Dalton tell we a  that a justice of peace must proceed by the prescript of his commission and  statute law and in truth he have no authority but by one of these two not a  word in their commission incline to give any such power as this beside their  very style and denomination show that their office be for another intent it be  true there be several thing within their jurisdiction which can proper be  reckon within their commission but then it be give by some particular statute  for their office original and proper be quite to another purpose videlicet the  examination and punishment of offence so that what power they have be not find  in the nature of their office and then it be no more than a particular power  give by statute to I S which be temporary be go by the expiration of the time  that Act be to endure for as for the statute car c that be temporary and the  time expire their power be go too b if we consider the nature of a temporary  Act it will appear that there be no power before nor after such Act its be  temporary imply that it be a new provision for I know not one temporary Act of  parliament that be in affirmance of the commonlaw but they be all introductive  of a new law and all those act that be in the book of law say to be  affirmative of the commonlaw be perpetual for why do our lawmaker make a Act  temporary it be because it be a new provision or new remedy therefore they  make it to last but for a time because they know not what inconvenience may  happen upon the change of the law or introduction of a novelty if the event be  good they can continue it at pleasure if it prove inconvenient it be but a  little time and it will expire of course and it be further observable that all  these temporary act be to expire at the end of the session shower KB of  parliament and none of they expire at a day certain or the first day of a  session of parliament the reason seem palpable because if upon such a time  experience it appear good and convenient they can continue it that session and  that without any intermission of time now if this have be think convenient it  will have be continue if it have be declaratory of a ancient power lodge in  the justice of the peace they will have make it perpetual and not temporary in  order to try by practice if convenient for the wealpublic so that it seem  plain they have no such power before the Act and they never use it before for  although upon the dissolution of abbey and monastery the number and clamour of  the poor reach laymens ear and make Elizabeth c necessary yet that give no  such power for it be a quite different thing to sign rate and to remove and  change man dwell in the case of the parish of Kimmalton v Laystas c in the  county of Hereford the justice of the peace at their session order a man and  his family from one parish to another on the account of be a poor inhabitant  and order the place of his former abode to receive he and there it be resolve  by Whitlock justice that they have no power to make such a order unless he  have be impotent and so within the Elizabeth c or actual Chargeable to the  parish otherwise he may provide himself where he can get a house at the summer  assize at Cambridge a Dalton justice b continue by the James c the will and  mary c the will and mary c and make perpetual by the Ann saint c c Bulst  shower KB er p Harvey justice resolve that the justice of the peace be not to  meddle either with the remove or settle any poor inhabitant but only of wander  rogue d No man be to be put out of the town where he dwell nor to be send to  the place of birth or last habitation but a vagrant rogue e and Dalton tell we  f that he who shall bring any poor to any town which be burdensome to the town  may be raise in his rate towards the relief of the poor of the say parish  which argue they be not removable shower KB but the court be of opinion that  by Elizabeth c they have power for the settlement of inhabitant as a incident  to the good management of the power of the say Act of Elizabeth c and although  the car do expire yet the prescription therein may remain as a directive to  they to judge who shall be inhabitant then I take exception to the order  itself first it be not say that he be likely to be Chargeable to the parish  and this will have be a exception during the force of car c but per curian he  be say to be a poor inhabitant and upon complaint of the parish and they will  never complain of a rich parishioner second they do not say that he be a  inhabitant of Wroughton it be that he late intrude himself now this word late  have a very large retrospect and may be twenty year since as we say late  decease of one dead ten or twenty year three they do not say how long he have  be a inhabitant of Chistleton or that there be any reason to make such order  the court this be a matter incident to their office upon Elizabeth c of which  they be judge and will not quash the order but confirm the same