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A14577 A pamphlet of the offices, and duties of euerie particular sworne officer, of the citie of Excester: collected by Iohn Vowell alias Hoker, Gentleman & chamberlaine of the same Hooker, John, 1526?-1601. 1584 (1584) STC 24889; ESTC S119346 28,806 38

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they are to attend in all matters touching the Quéenes seruice the kéeping of the peace the repressing of malefactors and of the commandements of the Maior the iustices and the aldermen Also they are speciallie to attend the Maior as well vpon sundaies to and from S. Peters at the sermons as vpon mondaies to and from the court of the Guildhall as at all other times conuenient and being therevnto required For other things concerning their offices looke in the blacke booke The office of the Scauengers THe Scauingers are necessarie officers and who cannot be wanting in anie well gouerned citie or towne bicause by them and their seruice all things noisome to the health of man and hurtfull to the state of the bodie of the common wealth are aduertised vnto the magistrate and so they be a meanes of the redresse thereof And therefore they be called scauengers as who saith shewers or aduertisers for so the word soundeth The speciallest points incident to their offices are these FIrst they are to sée the peace and common tranquillitie of the citie to be kept Item that the stréetes be well paued and méete for all passages of man horse and cart and that they be wéekelie swept and made cleane and the swéeping carried awaie and that none laie timber stones or anie like thing in the stréets but during the time of building Item that there be no slaughter of cattell or beast kept within the walles that no pigges or filthie beast be kept within the same no doong hils nor anie noisome thing kept whereby the aire be corrupted or the people annoied Item that there be no houses peutises chimneis nor walles nor anie other thing hanging or standing dangerouslie to the perill and danger of such as shall passe thereby Item that they doo make view and search whether euerie inhabitant doo yearelie and from time to time as occasion shall require cleanse and swéep their chimnies and that all ouens fornaces mantels backes and such like be kept in such order as thereby no perill of fire may happen Item that when anie house is aduentured with fire that then they do take order as well for voiding of the presse of people as to sée and to bring ladders crookes water and all things necessarie in place for quenching of the fire Item that euerie householder haue at all time and times in the summer and hote and drie weather a tub or some other vessell full of water in readines at or néere their foredore for the quenching of fire if anie house should happen to be aduentured and for cleansing of the stréetes Item that the common conduites be cleane and orderlie kept and the pipes which conuaie the water from the spring to the said conduits be well repaired and mainteined from time to time and that no priuate person do incroch the common commoditie of the waters therein for brewing washing or anie such like vse other than for dressing of their meates and such like Item that no maner of person do incroch anie part of the stréetes or waies to his priuate vse nor do build nor set anie porch boulke stall windowes wall chimneie or anie other edifices vpon the said stréets or soile or anie part thereof before a composition be made with the Maior and common counsell Item that whensoeuer anie controuersie doth happen betwéene lord and tenant for and concerning the orderly paiments of rents or remouing of implements or other buildings that they call vnto them the constables and other expert artificers men of knowledge then according to the truth customs of the citie to decide the same Item that they wéekelie vpon euerie mondaie at the court do present all breaches of peace misorders and all other defaults appertaining to their office Item that they do vpon euerie sundaie festiuall daie and mondaie attend the Maior to and from his house to the court and to the church at S. Peters at the sermons Item that they be attendant to the Maior bailiffes and all other officers at all time and times whensoeuer they shall be required concerning anie seruice of the prince and common wealth The rest of their charge is conteined in the blacke booke The office of the Swordbearer THe office of the Swordbearer is of a late erection and had his beginning when King Henry the vij in the xiij yeare of his reigne came to this citie for the resisting of Perkin Warbecke at which time for the good seruice of the Maior and citizens he gaue his owne sword from his waste vnto the Maior with the priuiledge that the same and the hat of maintenance should for euer at all times conuenient be borne before him and for the doing of this seruice the swordbearer was then chosen the points of whose office are these and such like as followeth FIrst he is to attend the Maior for bearing the sword before him vpon sundaies and festiuall daies when he goeth to S. Peters to the sermons vpon mondaies and session daies when he goeth to the hall and vpon and at all other times and daies when anie proclamation shall be made or he thereto required Also he shall attend the Maior at the markets and at the waying of the assises of the bakers bread and all other like seruices Also he is to attend the Maior at his table and at all other conuenient times when he shall be therevnto required Also he shall kéepe the common peace apprehend malefactors and preserue the state and priuiledges of the citie as much as in him lieth Also he shall not discouer nor disclose anie secrets or counsels of the citie to the preiudice of the same nor consent to anie hurt to be done against the said citie or anie officer but shall discouer it to such officer or officers as it shall appertaine Also as being a sergeant at armes he shall attend the causes of the orphanes as well at the court of the orphanes as at all other times and in all other things pertaining to the behoofe of orphanes according to the orders of the same that is to saie he shall vpon euerie mondaie present the name of euerie inhabitant of the citie dead and leauing anie orphanes he shall call for the testament and inuentorie of euerie such decessed man he shall call the praisers appointed before the Alderman of the quarter to be sworne he shall sequester the goods and execute the writs of Scire facias fieri facias and all processe to him directed for the behoofe of the orphanes he shall summon the courts for orphanes as to him shall be commanded Sundrie like things are incident to his charge and which at large are set downe in the booke of orders for orphanes The office of the wardens of the Magdalen and of the poore THese officers are of trust and committed to such as should take a speciall care for the poore as well for the good ordering of them in persons as for the preseruation of such lands and goods as
therefore manie be the deuises to stoppe so good a course Some altogither being like to the Aspis who stoppeth both hir eares against the voice of the enchanter alleging that there is too much preaching And of their opinion am I that preaching is to much but to no other than too the lost sheepe of Israel and to the children of condemnation for as S. Paul saith If our Gospell be hid Iis qui pereunt est absconditum it is hid to them that are lost The bread of the Angels was vnsauerie but to those onelie who were to perish whiles the flesh which they lusted was in their teeth Some doo like verie well to haue the catechizing so that they might be no contributors and so would shift it ouer vnto the church men as though it were their onelie duetie to doo it and these shew themselues to be the children of the corrupted Adam who being reprooued for his transgression chargeth his wife with it and she shuffleth it ouer to the diuell and so in this euery man so thrusteth it one from another that nothing is doone And what wilbe the end thereof it is easilie to be knowen if men would either beleeue the booke of God or consider call to remembrance what hath befallen in the like in times past The Poets among their manie goddes haue deuised imagined that one of them hath two faces the one before looking foreward the other behind looking backwards this god they call Ianus of whom the moneth of Ianuarie taketh his name and the first daie of the same is called Newyeeres day By this is means moralized a man of great wisedome knowledge and experience and who looking to the times past and obseruing the euents thereof doth forecast the sequele of the like to come If you then as euerie wise Magistrate ought to do would as a Ianus looke backe into the old world and read the bookes and histories of that age shall find that Noah the preacher of righteousnes did teach and persuade the people to repentance almost one hundreth yeeres togither but bicause they were werie of his preaching would no more thereof God sendeth the great deluge and drowned the whole world Sodoma would not listen to the counsell of Loth wherefore God with fire and brimstone from heauen consumed them to ashes The foolish Israelites not contented with such incenses and manner of religion as God by Moses had ordeined would needs haue another of their own deuise in offering the same the earth opened and swallowed them vp all aliue The same people were fed with Manna the foode of Angels which God from heauen prouided for them and they waxed werie thereof and would needes haue chaunge of meates as we of religion but the meate was no sooner in their mouthes than was Gods vengeance vpon them and stroke them with a great plague The foolish Israelite neglecting the obseruing of the Lords Sabboth would needes folow his worldlie causes and gather wood had his reward and was stoned to death The whole nation of the Iewes were called by the Lord Iesus to the doctrine of the Gospell but they would not vnderstand nor accept the time of their visitation wherefore they felt the heauie hand of God and were vtterlie consumed with famine pestilence and the sword and the citie temple wherof they made a great aduante was not one stone thereof left vpon an other The cities of Capernaum which reached vp euen vnto the heauens Ephesus Corinth Antiochia and sundrie others among whom the Apostles had planted the Gospell when they lothed it and waxed wearie thereof the Lord lothed and waxed wearie of them and all they some by earthquakes some by fire and manie by the enimies were vtterlie wasted and consumed And as he hath thus doone with cities townes and countries so hath he shewed the like power vpon mightie Princes and Monarches which haue not harkened vnto his voice nor obeied his commandements Nabuchadnezer Pharo Herod Nero Caligula Domitianus Traianus Hadrianus and a number of other Atheistes who denied the Lord God his Christ and his Gospell he tormented them with such plagues torments and troubles that of their miserable liues they made most miserable ends If then the Lord God hath thus dealed with all the nations of the world and with his owne peculiar people if he haue not spared the children of his owne familie nor fauoured the vineyard of his owne planting nor yet regarded his owne countrie nor accompted of his owne citie what shall it be thought he will doo with this ingratefull citie of Excester which haue tasted of infinite his blessings and haue a long time beene fedde with his heauenlie Manna and yet haue and doo dailie contemne his lawes cast awaie his commandements and be wearie of his doctrine what is it that we can iustlie claime or chalenge for ourselues why the Lord should not shorten his hand and be no longer fauorable vnto vs Is it our antiquitie Be it that this citie is verie ancient and was builded at the first comming of Brutus into this land about two thousand fiue hundred yeeres past before or when London was yet the cities of Enoch Nineue Babylon Corinth Athens Troia and Carthage were long before it Is it for religion I grant that the Gospell is truelie preached and the Sacraments sincerely ministred And so was it at Hierusalem Antiochia Corinth Ephesus and manie other places Is it bicause it is pleasantly seated and standeth vpon the top of a hill in the open prospect of the world neere the seas So was Hierusalem Capernaum Tyrus and sundrie other cities Is it bicause it is rich and inhabited with rich marchants and occupiers So was Tyrus and Sydon and others Is it for the fertilitie of the soile and the abundance of all things wherewith God hath blessed it So was the whole land of Palestina who for the great blessings of God in nature was said to be a land to flow with milke and honie And yet all these peoples nations and countries lothing his word for their vnthankfulnes and not seruing God in true religion were vtterlie destroied by the mightie hand of God and now remaineth scarse anie signe or memoriall of them And shall this citie of Excester which is but a sower grape a wild Oliue is of his good mercie ingrafted in the place of the naturall branch and yet hath doone the like or woorse transgressions shall shee I saie be free from the like punishments No no although God in mercie haue long oftentimes borne and winked at the sinnes of this citie yet he will not so doo foreuer It is an old saieng Go the pot neuer so often to the water yet at length it commeth home broken Sundrie and manie times like vnto the citie of Hierusalem hath it beene in great perils by the Brytons Romanes Saxons and Danes and manie times hard assailed with intestine warres and the Lord hath alwaies from time to
heresie or doo not resort to his church at or vpon the sabaoth daies he is to punish him or to take order with him according to the lawes Also he is vpon sundaies and holie daies to send abroad his officers to sée if anie be sitting vpon the stalles walking the streates or sitting in tauernes or vsing anie gaming at the time of preaching and praiers and to compell them either to go to the church or commit them to ward or to take further order with them as shall be thought good Also he must vpon the first fridaie after he hath taken his oth cause to be proclamed his generall proclamation for and concerning the gouernment of the citie Also when anie proclamation is to be made for hir Maiestie or otherwise it is to be doone in decent maner namelie in the open market and assemblie of the people the sword-bearer with the sword and the sargeants with their maces standing before him his brethren Also he is with the bailiffes vpon euerie mondaie through the whole yeare to kéepe the Quéenes court in the open Guildhall and then and there vprightlie to minister iustice and to giue true iudgements in all matters depending before them and to sée true records to be kept Also he is to sée the peace and common tranquillitie to be kept and obserued and the offenders punished Also he and his officers is to attend wéekelie the markets for all maner corne and victuals that the same be wholesome and good and at reasonable prices Also that no victuals nor wares be forestalled ingrossed or regrated contrarie to the lawes Also that he doo from time to time as occasion shall serue take the view and search of all maner of measures weights and vessels whether they be according to the statute and being defectiue to reforme the same Also vpon euerie mondaie to giue to the bakers the assise of bread and wéekelie to examine and weigh their bread whether the same be according to the assise giuen or not Also that he giue to the brewers the assise of their drinke and to set reasonable prices for and vpon the same Also he shall command his stewards constables and other his officers to make search euerie moneth once in all euerie suspect place for plaiers at games vnlawfull kéepers of ill rule night-watchers vagarant naughtie and suspect persons and such strangers as who cannot giue account for their honest life and them to commit to ward to be kept or be punished according to their offense and by order of the lawes Also he shall take bonds and sufficient suerties of euerie innekéeper tipler and for kéeping of good rule in their houses Also he is yearelie to kéepe lawe courts and cause inquisition to be taken of all things concerning the state of the citie and liberties of the same Also he is to sée the nightwatches in the times appointed to be kept Also he shall yearelie make his perambulations round about the citie and about the limits bounds of the same and shall also cause the like perambulations to be made euerie rogation wéeke about the limits and bounds of the countie Also he shall twise in the yeare at Michelmas and Easter visit the almeshouses of the cities and examine whether the same be ordered as it apperteineth Also he shall yearelie call to account all the collectors for the poore in euerie parish and to sée that the poore be prouided for according to the statute Also the Maior being the eschetor of the citie and warden in socage is from time to time to cause at euerie mondais court presentment to be made of the death of euerie citizen and inhabitant what heires and orphanes he left behind him and that there vpon he doo take order for the preseruation of the orphanes and of all such goods and rents as doo growe vnto them as also not to admit anie person to the fréedome of the citie but that he be sworne vnto the order of the orphanes Also he is at all time and times conuenient to call and assemble the common counsell of the xxiiij vnto the counsell chamber when matter and occasion shall require and then and there to determine what by their deuise and counsell is to be determined Also he is then and there to sée and command euerie one of the said xxiiij and all other persons comming there to behaue and vse themselues modestlie soberlie and in all good maner according to the orders of the said house and whoso shall offend therein to be punished accordinglie Also he is to appoint six of the forsaid xxiiij to be auditours as well of the account of the generall receiuer as of all other accounts for and concerning anie of the cities rents receipts or reuenewes Also he may not be absent from out of the citie anie night except it be for some necessarie and vrgent cause and in his absence he is to appoint his lieutenant in writing vnder his hand seale Diuers other things doo belong to his office which more at large are to be séene in the great lieger booke The office of the Stewards THe Stewards are verie ancient officers of this citie and were in the time of the Saxons named in Latine Praepositi in the Saxon tong Portegreues that is to saie The wise graue gouernours of the citie or towne after the conquest they were named Praefecti which in the Normand French toong are called Prouorstes the name of the person is worne out but the court of their iurisdiction reteineth his former name being called the prouorst court after this in respect of the courts kept before them they were called Senescalli that is to saie stewards and not long after bicause they or some one of them was put in trust for collecting of the cities reuenewes they were called Balliui bailiffes These two latter names are still reteined and indifferently vsed at these presents Their offices consist in manie points whereof some in particular as followeth FIrst they al or two at the least of them are to be attendant present and sitting as well with the Maior vpon euerie mondaie in the court of the Guildhall as also in their own court called the Prouorst court which they may adiourne and kéepe from daie to daie at their owne will and pleasure Also they are to sée true records to be kept true iustice to be ministred and true iudgements to be giuen in all causes depending in either of the courts before them Also they are to attend the Maior at his going to the sermons at S. Peters vpon the sondaies at the forenoone and at his going and returning at the Guildhall court vpon euerie mondaie and at the markets and proclamations and vpon euerie saturdaie at the shambles and at all other times whensoeuer they shall be called and required Also forasmuch as they are clarkes of the market they are to execute and doo what dooth apperteine to the clarke of the market that is to saie That corne and
wealth and the execution of all lawes and orders be frustrate and come to small effect It is requisite therefore that they be of good name credite and honestie voide and free from all corruption and briberie and also diligent and carefull to execute and performe what to their offices apperteineth and belongeth Many are the things and sundrie which are incident and apperteining to their ministeries and seruices and all which were too long to be set downe in these presents but of manie these few heere following may suffice FIrst that they be men of honest fame and of good credit and behauiour and sworne to the liberties of the citie that they be loiall and obedient to the magistrates and gouernors and carefull to kéepe and mainteine the common peace and quietnesse and readie to do and performe all such things as to them shall be commanded and inioined by the Maior and magistrates Also they must serue and attend the Maior at all time and times conuenient namely to bring him vpon sundaies and festiuall daies to the churches at diuine seruices and preachings at the Guild hall vpon euerie mondaie to and from the court at the markets vpon wednesdaies and fridaies and at the shambles vpon saturdaies at making of proclamations c. Also some one of them by course is speciallie to attend the Maior himselfe and not to be absent from him nor his house Also they are to attend the bailiffes at the prouorst court and at the markets and in all things to be doone at their commandements Also they are to summon attach and arrest all and euerie such person and persons as are to be summoned attached and arrested by action or commandement and all such as be so summoned attached or arrested to carrie and bring to the counter or place appointed for ward vnlesse he or they do put in sufficient baile if the matter be baileable Also they shall impanell indifferent inquests betwéene partie and partie and shall certifie the same to the court before the same be returned Also they shall leuie and execute all maner of distresses condemnations iudgements and executions awarded in anie of the courts they shall likewise do and execute all maner of commandements and precepts of the Maior and common counsell iustices and Aldermen Also they shall from time to time giue summons to euerie inhabitant for their watchmen and marketmen when their turne commeth Also they shall not take anie bribes nor be corrupted to do any thing for and concerning the executing of their office Also they shall vpon euerie mondaie at the court present all breakers of the peace all maner of misdemeanors which they knowe to haue bene done the wéeke before Also they or one of them at the least shall attend the auditors of the citie at the time when the audits shall be kept Also they shall not lie out of the citie anie one night without speciall licence Also they shall not so long as they shal be sergeants weare the liuerie or serue anie man in anie office or otherwise Also they shall not discouer nor disclose the counsels or secrets of the citie to anie person or persons to the hurt of the citie Also what seruice soeuer is to be done concerning the citie and gouernement of the same they are and must be at all commandements and in readines to execute the same Also they shall vpon euerie mondaie present the death of euerie inhabitant of the citie which leaueth anie heire or orphanes behind him The rest of their charge and offices are written in the blacke booke The office of the Constables THe office of a Constable is verie ancient and in times past the chiefest within y e realme for conseruation of the peace and thereof taketh his name Constabularius quasi cuncta stabiliens one that establisheth and setteth all things in peace good order and quietnesse What constables by law may do and in times past were wont to do it is needelesse now to set downe bicause a great part of their office is shortned and committed by statute to the iustices of the peace and vnto whome and to whose commandements they are now seruitors and to attend yet manie things are incident and belonging to their charge of which these which follow are the chiefest to be kept by such as are within cities and townes FIrst they must kéepe and sée to be kept the Quéenes peace and the common tranquillitie of the citie and countie Also they must take and apprehend all malefactors peace-breakers rowters and rioters all men going armed or carieng any pistols and wearing any priuie coate all traitours felons murtherers and euerie other person or persons offending against the peace and the crowne and them to commit and bring to the ward to be safelie kept vntill he be brought before the Maior and Justices Also they are to take and arest all such persons as liue idelie and suspiciouslie night-watchers dronkards plaiers at vnlawful games roges vagabonds whores and bawds and all such as cannot giue good account how and in what vocation they doo liue Also they are from time to time to search both by daie and by night all suspected houses and all innehouses for all suspected persons and strangers and such as haue lien aboue iij. daies and iij. nights in any inne or other house hauing no sufficient businesse or other cause so to doo and them they are to commit and send to ward there to remaine vntill they be further examined Also they are to search and view whether euerie inhabitant and house-kéeper haue in his house and in readines a club or some sufficient weapon for defense of himselfe and for kéeping of the peace Also they must vpon Sundaies and holiedaies at the time of praiers and preachings walke the stréets to sée and search whether anie person and persons be sitting or standing idelie in the stréets or be at anie alehouse or tipling house or be at anie game or games and without iust cause be absent from the sermons preachings and praiers and these either to commit to ward or send to the church Also they are vpon Sundaies and holidaies vpon the court daies and quarter session daies to attend the Maior from thence to his house Also they are to attend the Maior and Justices to doo and obeie their commandements for all things concerning their offices and by them to be doone Also they are vpon euerie mondaie to present the death of euerie frée citizen for that wéeke past leauing anie heire or orphane behind him or hauing any lands or tenths and who is his next heire Also they are to ioine with the scauengers and other expert men whensoeuer anie question is betwéene the Lord and the tenant or occupier of any house for and concerning paiments of rents reparations ammisances remoouing of implements c. Also to view and search whether any brewer baker or other person haue their ouens fornaces chimneis or backs ruinous and in danger and perill of fire Finallie