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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A50654	A guide for constables, churchwardens, overseers of the poor, surveyors of the highways, treasurers of the county stock, masters of the house of correction, bayliffs of mannours, toll-takers in fairs &c. a treatise briefly shewing the extent and latitude of the several offices, with the power of the officers herein, both by common law and statute, according to the several additions and alterations of the law, till the 20 year of His Majesties reign / collected by Geo. Meriton, gent.	Meriton, George, 1634-1711.	1669 (1669)	Wing M1793; ESTC R35040	100,385	287

he suffers the Parishioners for a long time to come to it and do Divine Service and to use it as their Parish Church this unless for all the whole time the party hath used to place men in their Seats himself shall give Jurisdiction to the Ordinary to order the Seats for that now in fact is the Parish Church although that before it were not subject to the Ordinary Tr. 12. Jac. C. B. Buzard's case Rolls 2. Part. fo 288 289. 35. If there be a custom in a Parish that twelve of the Parishioners may choose Churchwardens which Church-wardens have power by the custom to repair the Seats and make new ones in the body of the Church and to appoint what persons shall sit in them and the Churchwardens so elected do erect a new Seat in the body of the Church and appoint a certain man to sit there and and afterwards the Ordinary decrees that another shall have the Seat here a Prohibition lies For the custom hath fixed the power of disposing the Seats in the Churchwardens P. 16. Jac. B. R. Brabin and Tredennick's case for a Seat in Breock Church in the County of Cornwall but the reason of granting the Prohibition in this case was partly because that the Sentence of the Ordinary was that Tredennick should have the Seat to him and his Heirs and that none should disturb him in pain of Excommunication which is unreasonable and by such Sentence he and his Heirs should have it though they were no Inhabitants within the same Parish Rolls Cases 2. Part. fo 289. CHAP. V. The Churchwardens Office about Reparations and Rates 36. THese Officers are to see that the Church and Churchyard be well repaired and kept clean and they are to provide Books of Common Prayer Books of Homilies a Parchment Book for registring Christnings Weddings and Burials in Fonts Pulpits Tables Chests for Alms Communion Cups Ornaments and other Furniture and a Chest with Three Locks and Keys for putting the same in and they are also to provide Bread and Wine for the Sacrament according to the number of the Communicants And for these purposes they may rate the Parish for mony to do it for which see 37. H. 6. 30. 11. H. 4. 12 11. H. 7. 27. 12. H. 7. 10. F. N. B. 54. 91. Canon 20. 70 80 81 82 83 84 85. 37. Upon making of Rates for Reparations c. they are to be done by the Churchwardens with the Assent of the greater part of the Parishioners and upon a general warning given before they assemble for that purpose and note that the Ecclesiastical Court hath cogniz●nce of the Reparation of the body of the Church See Jeoffry's case Co. 5. Lib. Rep. fo 67. Rolls Cases 2. Part. fo 289. M. 31 32. El. B. R. 38. If a man stay and inhabit in one Parish and have Lands in another Parish which he occupies there he may be charged for such Lands for the Reparation of the Church of the Parish where the Lands lye because he may come there when he pleases and he is to be charged in respect of the Lands Co. 5. Rep. fo 67. M. 31. 32. El. B. R. Jeoffry's case Tr. 11. Jac. C. B. Andrews case per Curiam Rolls Cases 2. Part. fo 289. 39. But if an Inhabitant of a Parish Lease out his Lands which he hath in another Parish reserving Rent then he shall not be charged in the Parish where the Land lies in respect of the Re●● because there is a Parishioner and Inhabitant which may be charged Co. 5. Rep. fo 67. b. M. 5. Jac. C. B. Rolls Cases 2. part fo 289. and see P. 41. El. B. R. Paget and Crumpton's case Cro. Rep. 1. Part. fo 40. Neither can a Man who Inhabits in one Parish and occupies Lands in another Parish be charged in that Parish where the Lands lie for the Ornaments of that Church according to his Land for the Inhabitants only ought to be rated for them and so it was adjudged by the Court M. 20. Jac. B. R. Rolls Cases 2. Part. fo 291. Winches Rep. fo per Yelverton 41. Neither can a Man be charged in the Parish where he doth inhabit for the Lands which he occupieth in another Parish towards the Reparation of the Church in the Parish where he liveth because then he might be twice charged for he may be charged in the Parish where the Land lies as is shewed before Sect. 38. P. 16. Jac. B. R. Sir William Butler Vers Rolls Cases 2. part fo 289. Co. 5. Rep. fo 67. 42. If a petty Chapman take a Stall in the waste of a Mannor for Rent within the Market for two or three hours every Market day to sell his commodities the Market being held there one day every week but he inhabits in another Parish here he cannot be rated to the Reparation of the Church for such Stall or Standing M. 20. Jac. B. R. between Holms and the Churchwardens of Kettering in Northamptonshire resolved and a Prohibition granted accordingly Rolls Cases 2. Part. fo 289. 43. If a Citizen of London build an house in the Parish of A. and inhabit there in the time of Sickness in London and hath not any Land in the Parish and afterwards he is assessed 20 s. for the Reparation of the Church where others that have an 100 Acres of Land in the same Parish pay but 6 d. yet notwithstanding no Prohibition lies in this case in the Court Christian because they have the Jurisdiction of the thing and therefore he must be ordered according to their Law M. 5. Jac. C. B. Sir Robert Ley's case Rolls Cases 2. Part. fo 289. 44. If there be a Chappel of Ease within a Parish and one part of the Parish have used time out of mind c. to repair the Chappel themselves without the rest of the Parishioners and there to hear Service and Marry and all other things but only that they bury at the Mother Church here notwithstanding they shall not be discharged of the Reparation of the Mother Church but must contribute to it for the Chappel was ordained only for their ease M. 13. Jac. C. B. between the Churchwardens of Ashton and the Inhabitants of Castle Bromage Rolls 2. Part. fo 289. Hob. Rep. fo 66. 45. If all the Parishioners in the Parish are not rated but some are and some are not and those who are rated are sued in the Ecclesiastical Court yet they cannot have a Prohibition but must plead this matter in the Spiritual Court M. 11. Jac. B. R. per Curiam Rolls Cases 2. Part. fo 291. 46. If the greater part of the Parishioners of a Parish where there are four Bells agree that there shall be made a fift Bell and it is made accordingly and they make a Rate for payment for it this shall bind the remainder of the Parishioners although they did not agree to it for otherwise any obstinate persons might hinder any thing intended and what is fit for

for it or the succeeding Church-wardens may have an Action of Account against them by the Common Law and compel them to give an Account and answer for their doings during the time of their Office And if they have done the Parish any wrong to make amends and satisfaction for the same to the use of the Parish for the harm it hath received by their default And in this Account the old Officers shall have allowances for all the needful Sums of Mony laid out or spent by them either upon the Reparations of the body of the Church Tower or Bells c. or for Relief of the Prisoners in the Gaol or otherwise where the Law doth injoyn them to pay or disburse any mony Vide 8. E. 4. fo 6. b. 65. Now as touching the Church-wardens presentments Note That no Churchwardens Questmen or S●demen of any Parish shall be inforced to exhibit their presentments to any having Ecclesiastical Jurisdiction above once in every year where it hath been no oftner used nor above twice in any Diocess whatsoever except it be at the Bishop's Visitation for the which Presentments of every Parish Church or Chappel the Register of any Court where they are to be exhibited shall not receive in one year above four pence under pain for every offence therein of suspension from the execution of his Office for the space of one month toties quoties but the Churchwardens may voluntarily upon their own Account present oftner if they please Canon 116. 66. But no Churchwardens Questmen or Sidemen shall be called or cited but only at the said time or times before limited to appear before any Ecclesiastical Judge whatsoever for refusing at other times to present any faults committed in their Parishes and punishable by Ecclesiastical Laws neither shall they nor any of them after their Presentments exhibited at any of those times be any further troubled for the same except upon manifest and evident proof it may appear that they did then willingly and wittingly omit to present some such publick crime or crimes as they knew to be committed or could not be ignorant that there was then a publick fame of them or unless there be very just cause to call them for the Explanation of their former Presentments In which case of wilful omission their Ordinaries shall proceed against them in such sort as in causes of wilful perjury in a Court Ecclesiastical it is already by Law provided Canon 117. 67. Note That one of the two times for Presentments is always to be about a Week or a Fortnight after Easter at which time also the old Church-wardens are to leave the Office and new ones are to come in but the new ones are not to be sworn till the old ones have given in their Presentment and every Parson or Vicar and in the lawful absence of the Parson or Vicar then their Curates and Substitutes are to joyn in every Presentment with the Church-wardens Sidemen and Questmen and if the Churchwardens c. refuse to present then every such Parson and Vicar or in their absence as aforesaid their Curates may themselves present to their Ordinaries at all such times and when else they think meet Canon 113 118. 68. The Heads of the Articles most commonly exhibited to the Churchwardens to make their Presentments upon are as followeth 69. Whether their Church and Chancel Bells and Ropes be good and well repaired and the Ten Commandments Lords Prayer and Creed drawn out in fair Letters the Kings Arms set up Assessments made for the Repair of the Church and who refuses to pay If they have a Font Communion Table Carpit Tablecloth Flaggons with Cups and Cover for Bread and Wine Reading Desk Pulpit with a Cushion and Covering fit for it a Common Prayer Book of the largest Volume and the Bible of King James ' s Translation in folio with a Book of Homilies and Book of Canons and a Surplice If the Tombes Monuments and Grave-Stones be safely kept from removing and breaking a Book of Parchment for Registring Christnings c. A chest with three Locks to put the same and the Church Ornaments in with a Box for Alms and a Table of Degrees prohibited in Marriage set forth 1563. hung up in the Church And if the Parsonage house and out houses be in good repair and the Churchyard well fen●ed to keep out Swine c 70. Then Whether their Parson Vicar or Curate read the Common Prayer at Morning and Evening Service wear his Surplice bid Holydays Preach every Sunday or read a Homily Catechise observe the 5. November 30. Jan. and 29. May and keep Perambulations preach sound Doctrine and vent no Sedition against the King or Government Celebrate the Lords Supper three times every year at least whereof at Easter for once Baptize Infants with Godfathers and Godmothers visit the sick and pray with them Bury the Dead according to the Book of Common Prayer Marry none Clandestinely Preach in his Gown be a man of a sober and chaste life a Peace-maker amongst his neighbours and one th●t takes care to reduce Sectaries Popish Recusants Separatists and Refractory persons to the Obedience and Doctrine of the Church and reads the Book of Canons to the People at least once every year and the 39. Articles twice every year according to his Majesties Letters published 1662 71. Then Whether all their Parishioners of due Age resort to the Church to Divine Service behave themselves Reverently there Kneel Stand up and make Answer according to the Rubrick of the Common Prayer Book Whether any work or sell wares on Sundays or Holydays or Vintn●rs Victualers Innkeepers or others receive any into their houses to tipple on those days Whether any Marry within the prohibited Degrees be Adulterers Fornicators Blasphemers Swearers Drunkards or Sorcerers and if all above sixteen years old receive the Lords Supper at least three times every year Easter to be one and whether any keep their Children unbaptized Women after Delivery in due time come not to be Churched or any bring not their Dead to be buried after the Service of the Church keep Conventicles have been married without Banes or Licence at unlawful hours and whether their Almshouses Hospital School or Spittle if they have any be well and godlily used or any thing detained from it What L●gacies given to pious uses and if the Parishioners be placed in Pews or Seats without offence or contention 72. And lastly Whether their Parish Clerk and Sexton if they have any be duly chosen can write and read be of an honest life and make the Responses to the Hymns and other Suffrages and if the Schoolmaster and Vsher Physician Chyrurgeon or Midwife if they have any of them teach or practise without Licence if the Churchwardens be duly chosen in the Week after Easter by the Parson and Parishioners according to the Canon or Custom and if the old Church-wardens have been diligent to keep the Church in good Repair to preserve all the

any Vestry within any Parish in the Cities of London and Westminister Borough of Southwark and Weekly Bills of Mortality and in all other Cities Boroughs and Towns Corporate where Select Vestries are used in the Kingdom of England are within one month after their Election before the respective Archbishop Bishop or Ordinary Vicar General or Chancellour of the Diocess to make and subscribe as followeth I A. B. do declare that it is not lawful upon any pretence whatsoever to take up Arms against his Majesty And that I do abhor that traiterous Position of taking Arms by his Majesties Authority against his person or against those that are Commissionated by him And that I will conform to the Liturgie of the Church of England as it is now established And I do declare that I hold there lies no obligation on me or on any other person from the Oath commonly called The Solemn League and Covenant to endeavour any change or alteration of Government either in Church or State And that the same was in it self an unlawful Oath and imposed upon the Subjects of this Realm against the known Laws and Liberties of this Kingdom 15. Car. 2. Ch. 5. 8. He that refuses this Subscription within the time aforesaid is ipso facto deprived of such his place of Vestryman and a new one to be chosen and if such new one refuse also or if such person who shall have right of Election shall not proceed to Election within one Month after such vacancy then the respective Archbishop Bishop or Ordinary of the Diocess may under his Hand and Seal elect and nominate a discreet person of the respective Parish who after Subscription within the time aforesaid is to stand 15. Car. 2. Ch. 5. This Act is to continue till the end of the first Session of the next Parliament CHAP. II. The Churchwardens Office about Profanation of the Sabbath and of the Church 9. THese Officers are diligently to see that all the Parishioners duly resort to their Parish Church upon all Sundays and Holydays and there continue the whole time of Divine Service and none to walk or stand idle or talking in the Church Church-Yard or Church-Porch during that time and all such as shall be found slack or negligent in resorting to the Church having no great or urgent cause of absence they shall earnestly call upon them and after due admonition if the amend not they must present their Names to the Ordinary of the place 5. 6. E. 6. Ch. 1. Canon 19. 90. 111. 10. If the Churchwardens find any person absent from the Church upon Sundays or Holydays in the time of Divine Service Preaching or other holy Exercise such person is to pay 12 d. to the use of the Poor and this extends as well to all Women Covert as to other persons or the Churchwardens if they please may present such person in the Ecclesiastical Court But note that none are to be punished twice for one offence so that they must not pay their twelve pence and be presented too 1. El. Ch. 1. Hobbart's Rep. fo 97. 11. And if they find any Tipling in an Inn or Alehouse c. then besides the twelve pence for being absent from the Church as aforesaid they forfeit three shillings four pence more for Tipling and the Master of the House ten shillings for suffering them to Tipple which forfeitures are to go to the use of the Poor 4. Jac. Ch. 5. 12. The Churchwardens or Questmen are to suffer no Plays Feasts Banquets Suppers Church Ales Drinkings Temporal Courts or Leets Lay Juries Musters or any other profane usage to be kept in the Church Chappel or Churchyard neither the Bells to be rung superstitioufly upon Holydays or Eves abrogated by the Book of Common Prayer nor at any other times without good cause to be allowed by their Minister of the place and by themselves Canon 88. 13. Neither the Minister Church-wardens nor any other Officers of the Church shall suffer any man to preach within their Churches or Chappels but such as by fhewing their Licence to preach shall appear unto them to be sufficiently Authorized thereunto And the Churchwardens or Questmen are also to see that in every meeting of the Congregation the Peace be well kept and that all persons excommunicated and so denounced be kept out of the Church Canon 50. 85. CHAP. III. Some few Cases concerning Actions for and against Churchwardens 14. NOte that the Law doth make of these Officers a kind of a Corporation viz. Persons enabled by that name to take moveable Goods or Chattels and to sue and to be sued at Law concerning such Goods for the use and profit of their Parish for the property of the Goods of the Church is in them and they are by that Name enabled to take them for the use and profit of the Parish and therefore a man may well in his lifetime or by his last Will give or grant Mony or other moveable Goods to the Churchwardens or Parishioners of such a Parish for the Reparations of the Church or for buying of Books Communion Cups Linnen Cloths or other decent Ornaments or furniture for the Church 12. H. 7. fo 27. Finch's Law Lib. 2. Ch. 17. pag. 178. Kitchin pag. 278. a. 15. But they cannot take an Estate of Lands to them by Name of Churchwardens only for if a Feoffment be made to the use of the Churchwardens of D. this is avoid use for they have no capacity to take such Purchase Finch Lib. 2. Ch. 17. pag. 179. Rolls Cases 1. Part. fo 393. 16. Neither can they prescribe to have Lands to them and their Successors for they are no Corporation to have Lands but for Goods for the Church only P. 37. El. C. B. Longley Meredines Case Rolls Cases 1 Part. fol. 393. 17. If a Man buy a Bell and hang it up in the Steeple or make a Pew and set it up in the Church though he make neither words nor writing hereof yet by this the Bell and Pew are so dedicated to the Church that the party that did owe them can never have them again for if they should come to remove them the Churchwardens might sue them for it 8. H. 7. 12. 10. H. 4. fol. 9. Kitchin pag. 277. a. 18. They can have no action at Common Law to recover any Goods of which they never had the possession But if the Churchwardens be once possessed of any Goods or Ornaments belonging to the Church and afterwards the same things are taken from them then they have the same remedy for the things as other men have for the goods taken from them And therefore if such Goods be stoln they may have an Appeal of Robery and if they be otherwise taken away or abused as if a Bell be broken or the like the Churchwardens may have an Action against him that doth it and in this Action they recover Damages to the use of the Parish and not to their own use Tr. 8. E. 4.