the parties to be married and of their Parents Guardians and Overseers 2. This he is to publish or cause to be published three several Lords dayes then next following at the close of the morning exercise in the Church or Chappel or if the parties to be married desire it in the Market-place next thereunto on three Market dayes in three several weeks next following between the hours of eleven and two of the Clock 3. Upon request of the parties concerned he is to make a true Certificate of the due performance hereof 4. If any exception be made against the same intended marriage he must insert the same with the name of the person making the exception and his place of abode in the Certificate of publication 5. It were very convenient for him to be present at the Marriage for he is to attend the Justice of Peace to subscribe the entire of the Marriage 6. He is to call for receive and keep the old church-Church-Book and to call for of the Parish a new Register parchment Book which the Parish must provide and he must keep And therein he is fairly to enter in writing all the publication of Marriages Marriages Births of Children and Burials of all sorts of persons and the names of every of them and the dayes of the moneth and year of publications Marriages Byrths and Burials and the Parents Guardians or Over-seers names And for this his Fees are as followeth For the publication and Certificate of a Marriage twelve pence and for the entry of the Marriage twelve pence And for the entry of the Birth of a Child four pence And for the entire of the death of any man four pence And for all this for poor People that live upon Almes nothing But by the Ordinance of 3. Jan. 1644. it was ordained That such a Book should be provided by every Parish and kept by the Minister and other Officers of the Church and that therein the names of all Children and their Parents the time of their Byrth and Baptism and of all persons Married and the time of all Buried and the time of their Birth and Burial be written and set down by the Minister there And that the same Book shall be shewed forth by such as keep it to all persons reasonably desiring to search for any such thing or take a Copie or procure a Certificate thereof So that now by this the Minister must take care of this also for this power is not taken from him by the new Law being in the affirmative Therefore he and the Register must doe it together or else he must be made Register and this is the best way CHAP. XV. Of a Parish-Clerk and his Office THe Parish Clerk is a Lay Officer of a Parish chosen according to the Custom of the place to attend upon the Minister and Church-wardens about holy things This Officer may be a Lay man and is to be chosen according to the Custom of the place if usually the Parish have chosen him so he must be chosen and that election will stand and no Canon of the Church when Canons were in force could have altered it And therefore in this Case if the Parish according to Custom had chosen one man and Minister of the Parish and the Bishop or Chancellor of the Diocess had chosen another according to the Canon the Clerk chosen by the Parish should have stood And the ordinary might not have deprived him Jac. Co. B. Candict and Plom case Hughs Rep. 163. Nor can the Parson of a Parish put a Clerk so chosen out of his place without cause or interrupt him he may have an Action against him as another man that is interrupted in any Lay Office March Rep. 101. pl. 174. His Office lyeth only in and about these things To set the Bread and Wine and Cups decently upon the Communion Table to provide water for Baptising make and keep clean the Church put the Bible and C for the Minister begin the Psalm ring the Bell or Bells and such like things See the same case If any of the Parishioners withhold his wages His wages he may be relieved herein by any two Justices of Peace who may by Warrant require payment thereof And these two Justices may by Warrant under their Hands and Seals order the Parishioners to pay it And if they refuse as it seems send their Warrant to levy it by distress and sale of Goods and for lack hereof send the partie to Gaole till he pay it But without Question the two Justices may binde the Parishioners over to the Quarter Sessions one year if the Parishioner refuse to obey their Order the Sessions may binde them to the Good-Behaviour or upon Indictment for their contempt fine and imprison them Ordin 9. Feb. 1647. CHAP. XVI Of a Hayward of a Parish or Mannor and his Office THe Haward or Hayward of a What. Parish is an Officer of a Parish chosen and sworn in a Leet for the Town to be the common Heard of the Town Kytch 46. The Law taketh not His Office much notice of this Officer but it is said He is to keep the Hedges of the inclosed Grounds of the Parish so that they be not cropt nor broken down and the Grass of the Parish from the destruction of Cattel so that Hay be made thereof That he is to execute such Process of the Lords Court as doe come from the Lord or his Steward of his Court there That he is to present all Pownd breaches made there and all Wayffs and Estrays that shall come there But if he doe not so we know no Law to enforce him to it nor to punish him for neglect of it But the best use that we know is or can be made of him is to look to the common Fields and Commons of the Parish and to doe his best to prevent and to restrain Trespasses and spoil But herein he can doe nothing more than any other Servant nor otherwise then as a Servant to the parties trespassed and by authority or allowance from them CHAP. XVII Of the Bayliff or Reeve of a Mannor and his Office THe Bayliff or Reeve of a Mannor What he is is an Officer of a Mannor chosen by the Lord of a Mannor to dispose of his Affairs concerning the Mannor Of this Officer the Law doth take some more notice And his Office is said to lye in these things 1. He is to collect the Lords Rents Fines His Office Haryots Amercements and other profits happening within the Mannor as they grow due 2. He may seize or distrain for them Ex Officio where seizure and distress is justifiable as Bayliff without any special command of the Lord. 3. He may also pay any Rent due out of the Mannor to any other person 4. It said said He may also order his Masters Husbandrie distrain Beasts damage fesant repair any houses hayes or pales and for that purpose cut down any Timber or Trees That he may
Parishes and Tythings have no power nor charge at all therein And yet beware of this for perhaps they may be otherwise taken It is said upon the Statute of 7 Jac. 3. for the imployment of money given for the binding of Apprentices The Statute of 3 Jac. 12. against the destroying of Fish The Statute of 1 Jac. 4. for the presenting of Recusants The Statute of 1 Jac. 21. against them that are infected of the Plague The Statute of 1 Jac. 29. against them that dress meat in the Lent and some others that upon these Statutes Borsholders Tything-men Head-Borows and such like Officers being in Towns or Parishes underneath Constables that be there have not to doe nor may meddle because such Constables be in comparison of them called head Officers But where no such head Officers are nor any Officers in the place that are called by the names of Constables but that they are called Tything-men Chief-Pledges Borsholders or by some other name there out of doubt these Officers are intended by the word Constable within the Statutes and they have the same authority and charge by the same Statutes as the Constables have CHAP. XI Of Church-Wardens and their Office CHurch-Wardens are Officers Numb 1 chosen yearly by the major What they are and how they are chosen part of the Parishioners according to the custom of the place to look to the Church and Church-yard and things thereunto belonging These now by the new Ordinance of the ninth of February 1647. where they have been used to be are to be chosen every year on the Monday or Tuesday in the Easter week by the major part of the Parish at a publique meeting And they may choose one two three or four as they please And if the Parish doe omit this Election it loseth fourty shillings to the use of the Poor of the Parish This choice also must be allowed under the Hands and Seals of two of the next Justices of Peace And being thus chosen they are to continue in their Office but one year and no longer except there be a custom for longer time and except they be chosen again in the same manner at the years end otherwise they are to be changed every year And in case of miscarriage in their office they are to be put out and others chosen within the year And albeit there be a Custom within the Parish that the Church-wardens shall continue in their Office by the space of one year two years or more as in some places there is yet in case of misdemeanor found in them about the execution of their Office the Parishioners may at any time proceed to a new election of new and remove the old Church-wardens for there is no other remedy against this evil In the choise of these Officers care must be had as in the choise of Constables that there be none but honest and able men chosen to the Office For the discovery of the Office and duty Numb 2. of these Officers these things are to be Their Office and Duty known 1. That for some things belonging to their Office they have a power and Office therein by the ancient Common Law And for other things belonging to their Office they have a Power and Duty therein by certain Acts of Parliament newly made by which their Office is enlarged And for this last also some things hereof doe concern the Church and Church matters Other things doe concern other matters Some things also they may doe Ex Officio and without any warrant from others Other things they may doe only by warrant from others We shall speak first to the matter concerning the Church 2. By the ancient Common Law the Numb 1 Office of the Church-wardens doth lye in In providing and keeping the Church Goods these things 1. They are to see to and preserve the Goods of the Church viz. the Books Communion Cups Linnen Cloaths and other decent Ornaments and Furniture of the Church which they doe finde there when they enter into their Office And if there be any lack in these things they are to see and provide them and being provided preserve and keep them also And for this purpose in favour of the Church the better to enable them herein the Law doth make of them a kinde of Corporation viz. Corporation 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 and to be sued for them for the use and profit of the Parish And therefore these Officers may have and enjoy Goods to the use of the Church And a Man may well in his life time or by his last Will give or grant monie or other movable things to the Church-wardens or to the Parishioners of a Parish for the Reparations of a Church or for the buying of Books Communion Cups Linnen Cloaths or other decent Ornaments or Furniture for the Church And this kinde of Gift is so much favored in Law that it is not needfull therein to have any Writing or words at all For if a man doe but buy a Bell and hang it up in the Steeple or make a Pew and set it up in the Church and doe make no words or writing hereof by this the Bell and the Pew are so dedicated and given to the Church that the party Actions by or against them that did owe them can never have them again And if any Goods or Chattels be devised to the Church and be kept from it the Church-wardens may by Suit recover it in a Court of Equity But they can have no Action by the Common Law to recover any such thing given of the which they never had the possession But if the Church-wardens be once possessed of any Goods or Ornaments belonging to the Church and afterwards the same things be taken from them they shall have the same remedie for these things as other men have for the Goods taken from them And therefore if such Goods be stollen the Church-wardens may have an Appeal of Robbery against the taker of them And if they be otherwise taken away or abused as if a Bell be broken or the like the Church-wardens may have an Action against him that doth it albeit he be the Parson or Vicar himself And in this Action they shall recover damages to the use and benefit of the Parish and not to their own use And yet these Officers have no such property in the Goods of the Parish as thereby to have power to give sell release hurt or impair them for they are Officers trusted for the behalf of the Parish and therefore have no power in the Goods of the Parish but for the good and profit of the Parish And therefore if they shall so doe or otherwise unprofitably waste or mis-imploy
seven dayes after it is made and after publique notice is given for the payment of it is to be doubled 7. They are to hire Ploughs and Men so many as they think fit And the Men so hired must work being required for the wages that any two Justices of the Peace shall set down 8. They may cause the Dytches adjoyning to High-wayes or serving to lead the water from them that are undressed or unscoured to be dressed and scoured And for any water-course that doth run into or stand in any High-way to annoy it they may stop it or turn it into any adjoyning Ditch or they may make new Ditches in convenient places through the grounds adjoyning for the conveyance thereof another way And they may cut plash and keep low all the Trees Bushes and Hedges standing in High-wayes or that are suffered to grow up by them to keep the strength of the Sun from them 9. They may dig and take Stones Gravel Sand Cynder Chalk or any thing fit for the mending of the High-wayes in any common ground And if none be to be found therein or no such Common there then they may take it in any private mans Ground Pasture or Fallow in or neer the Parish And they may take a convenient way to carry it through any mans ground at seasonable times but for this way and for materialls taken out of a private mans ground they are to give to him reasonable satisfaction such as they can agree upon and if they cannot agree upon it then such as any one Justice of Peace not interessed in the thing and indifferently chosen between them shall set down 10. If the Parish by the Rate of twelve pence in the pound in the whole year cannot sufficiently amend their High-wayes the Surveyors may by the help of the Justices of the Peace get them help from other Parishes that are under that Value in the whole year untill their whole charge come up to this Rate And if there be any thing given Charitable uses towards the Repair of their High-wayes which is not imployed or mis-imployed they are to seek to the Justices of Peace for relief herein 11. These Officers also may and so may any Constable or other man within the Parish take all the Horses Mares and Oxen that are in Carts and Waggons loaden drawn through the Parish that are over and above five Horses or Mares or six Oxen and one Horse in one Cart or Waggon And Supernutrerarie Cattel in a Plough if the Owner doe not within seven dayes after the taking thereof pay twenty shillings to the Parish wherein they were taken for every Oxe Mare or Horse over and above the number aforesaid with the charge laid out about it and for the keeping of it then he may sell the same and deduct so much of the money But the overplus he must give back to the Owner 12. If all this will not doe to redress the defects By-Laws of pavements and water-courses and to make them run freely and for the removing of filth and other Nusances in streets and other by places the Inhabitants of the Parish may make by-Lawes for a speciall Rate upon the Parish and make speciall Officers and put penalties upon Offenders and other things to doe it And these Rates and penalties may be levyed by distress and sale of the goods of the party by warrant from any Justice of the Peace and these By-lawes they may have confirmed by the Justices of the Peace in their Quarter Sessions 13. They are to imploy and bestow all the Rates Penalties Fines and forfeitures arising by this new Ordinance or by any other lawes touching High-wayes and Streets and all Issues to be forfeit for not appearing to any Information or Indictment for not repairing of High-wayes or not removing or reforming of Defects or Nusances in Streets or High-wayes and all Fines and Amercements to be set upon any place or person for not repairing High-wayes Streets or Water-courses to pay for Workmen and Ploughs and to doe other things to be done by this Ordinance 14. Those Rates and Distress penalties these Surveyors or any of them may levy by distress and sale of goods of the party by a warrant from any one Justice of the Peace and for lack of distress or not payment thereof within ten dayes after demand made or left in writing under the hands of the Surveyors or either of them at his house who is to pay it the party may by warrant of the Justice be committed to Gaol without Bail till he pay double the money to be paid and the charges of prosecution for the recovery of it 15. They are within a moneth of the Account end of the year in their Office to give in to the Parish at some meeting to be by them appointed a just and perfect Account of all the money by them recived and laid out in the time of their Office and they are to pay over the money then remaining in their hands to their Successors And herein they may deduct the money they have laid out in the prosecution of such as doe any Nusance in the High-way and upon his neglect or refusall that is a Surveyor any Justice of Peace may commit him to Gaol without Bail till he make such Account and payment and such satisfaction to the Parish for the wrong as any one Justice of the Peace shall set down 16. And if any of these Officers or any other be sued for any thing done in these things the Action must be laid in the County where it was done he may plead to it the generall Issue and if the case appear so the Jury must fine for the Defendant and then or if the Plantif be non-suit or discontinue his Action the Defendant shall have his full costs he hath laid out to be set down by his own oath and ten pounds more to make him amends for his vexation Ordinance of the Lord Protector and his Councell March 31. 1654. CHAP. XIIII Of the Register of a Parish and his Office The Register of a Parish What he is and how he is chosen is a new Officer chosen by the Parish and allowed by the Justices of the Peace for the publication of Contracts of Marriages and for the taking and keeping of the entries of all the Marriages Burialls and Christnings of the Parish He is to be chosen by the Parish and approved and sworn by a Justice of Peace and the same entred upon the Register book of the Parish And then he is to continue three years in his Office and longer till another be chosen unless the Justice of Peace or Justice of Peace and Parish together put him out in the mean time This Officer is to receive a note in writing His Office and Duty from any one or both of his Parish or one of his and one of some other Parish that intend Marriage of their Names Sirnames Additions and places of abode of
the Goods of the Parish the Parishioners may remove him and choose another although it be before his year be expired Also it seems the party that doth steal or take away any Goods belonging to the Church may be punished for it as for a Sacrilegious offence And if these Church-wardens from whom the Goods be taken dye or be out of their Office their successors as some think may sue for and recover them or the damages for them Or if these Church-wardens may not the old Church-wardens may sue for and recover the same And if anything have been used time out of minde to be paid towards the Church and it be now withheld the Church-wardens may sue for the same in a Court of Equity But as touching any Estate of Lands or the profits of any Lands the Church-wardens are not to meddle at all insomuch That if the Walls Windows or Dores of the Church be broken down or the Trees in the Church-yard cut down or the Grass thereof be eaten up the Parson or Vicar nor the Church-wardems shall have an Action for it for they are a Corporation onely as to moveable Goods And therefore they cannot take Estates of Lands to them by name of Church-wardens only in Fee-simple for life or years to the use of the Church And if a Feoffment be made of any Land to others to the use of Parishoners or to the use of the Church-wardens of a Parish this is a voyd use in Law and they shall take nothing by this conveyance 37 H. 6. 30. 11 H. 4. 12. 8 Ed. 4. 6. F. N. B. 91. 11 H. 7. 27. 12 H. 7. 10. F. N. B. 52. 54. 2. These Officers are bound by the very Numb 4 common Law to take care and look to the In making of Reparations Body of the Church and the Tower that the same be sufficiently repaired kept and maintained and that if any of the necessary Ornaments therein appointed for the worship of God he decayed that they be repaired again for there must be alwayes in a readiness all things necessary to the preaching of the Word and Administration of the Sacraments And they are to see that their Bells be in case and fit for use But if the Chancel the which in most if not in all places is to be repaired by the Parson or any Isle in the Church the which any man doth claim by prescription to himself or his house in particulat be in decay the Church-wardens are not bound to repaire this And now by the new Ordinance of Parliament they may raise money not to build a new Church quite down nor to repaire a Cathedral or Collegiate Church but they may raise money to maintain or repaire a Parochiall Church provide Books Bread and Wine for the Sacrament repaire Bread and Wine the â—nclosures of the Church yard or burying place and to all other things that doe belong to their Office And further they must make such reparations as any Justice of Peace shall under his Hand and Seal appoint about any part of the Church 3. These Officers as it seems by the Numb 5 Common Law are to order the Seats in the In disposing of Seats Church and to appoint every man and woman where they shall sit And yet if any man have an Isle or a seat in an Isle or by-place out of the body of the Church unto which he may make a right by prescription as that which time out of minde hath belonged or appertained unto his house in this case neither the Church wardens nor any other can turn him out of it And albeit one may not prescribe to have a Seat in the body of the Church as belonging to his house yet if the case be so that a man hath time out of minde had such a Seat or Seat-place in the body of a Church as appertaining to his house in this case the Church wardens ought not without very good cause to remove him 12 H. 7. 27. 4. These Officers also may by the very Numb 6 Common Law to enable themselves for the In making and levying of Rates execution of their Office in the Particulars aforesaid may set Rates and Taxes upon the Parishioners for the payment of money And as touching this point and to shew how the law is at this day upon the new Ordinance these things are to be known 1. These Officers with the Over-seers of the Poor of the Parish or the greater part of them together must now make these Rates for if they be otherwise made there is no means to recover them 2. These Rates may be made before there be present need as before the Church fall or be in danger of ruine or the like 3. These Officers may by these Rates raise money for the buying of Books providing of Bread and Wine repairing of the Church-yard or Burying place for the Kings Bench and Marshalsey and other Payments And so also as it seems for the repair of the Church the Tower and the Bells 4. For this they may rate In making Rates every Inhabitant and Occupier of Lands Tythes Impropriate Woods or other Hereditaments within the Parish 5. The Church-wardens must give publick notice in the Church when and where the Rate is to be made Howbeit if the Parishioners after such notice given will not come or coming will not agree to the Rate in this case the Church-wardens and Over-seers of the Poor alone or the major part of them may make the Rate But a Rate made now without giving notice thereof before hand to the Parish is not good 6. This Rate must be equall and for this cause It must be upon every Parishioner and not upon some of the Parishioners only and it must be set upon every one of them equally viz. according to the quantity and quality of his Estate and Lands within the Parish wherein they may rate by the Yard Acre or otherwise as they think fit so as it be equall and according to the true value by an equall proportion And if one of another Parish have Lands in the Parish where the Rate is made in his own occupation in this case they may rate him to Church Payments according to the value of his Land And this Albeit there be no house upon it and albeit the Owner and Occupier dwell in another Parish for as to this purpose he shall be called a Parishioner and therefore he may Parishioner if he please come unto and frequent the Church of that Parish as he doth the Church of the Parish wherein he lives And where the Land-lord and Tenant both doe live out of the Parish it seems the Curch-wardens may rate either of them at their Election And yet some hold that in these and such like cases the Rate must be alwayes set upon the Occupier of the Land and not upon the Land-lord And if the Farmer or Occupier of the Land doe live within the Parish where the Rate is made there
to take down and demolish all superstitious Reliques at the charge And the Church-wardens being required by the Justice of Peace must repair it as before at the Parish charge Ord. May. 1644. Seventhly These Officers may apprehend Numb 11 Swearers and bring them to a Justice of Againct Swearers Peace to be punished as Over-seers of the Poor may doe Eighthly If any of his own Authority Against him that disturbeth a Minister or abuseth the Sacrament shall willingly and of purpose by open and overt word or deed maliciously or contemptuously molest or by any other unlawfull wayes disquiet or abuse any Preacher lawfully Authorised in his Preaching or Divine Service or otherwise contemptuously or of his own Authority abuse deface or otherwise unreverently handle or order the Sacrament of the Body and Blood of Christ in any Church or Chappel Such persons their Aiders and Abettors may immediately after the thing done be forthwith Arrested by the Constable these Officers or any other person then present and carryed to a Justice of Peace to be proceeded against according to the Statute Stat. 1 M. Chap. 6. Ninethly If any one doe without lawfull Against them that eat Meat on Fasting-dayes licence eat any Flesh upon any dayes now observed for Fish dayes the which as it seems are Fridayes and Saturdayes in every week in the yeer but in Christmas and Easter week and the four Wednesdayes in the four Ember weeks he doth forfeit Twenty shillings for every time and one Moneths imprisonment without Baile or Mainprise And every person in whose House the same shall be eaten knowing thereof and not disclosing it to some Officer that hath power to punish it shall forfeit for evey such offence Thirteen shillings four pence and one third part thereof is to goe to the Poor of the Parish where the Offence is done to be levied by the Church-wardens of the place by Warrant from the Justices of Peace c. So that by this Statute If any such Warrant be directed to these Officers they are to execute the same Stat. 5 Eliz. 5. 27 Eliz. 11. 35 Eliz. Chap 7. And the Licence to be given for eating of Flesh to any person for notorious Sickness by the Minister of the Place must be Registred if the Sickness continue above eight dayes after the Licence granted in the Church Book And this must be done by the knowledge of one of the Church-wardens there Tenthly These Officers are to joyn with Numb 12 the Over-seers of the Poor in the execution About the Poor of their Office throughout for they have an equall Authority and Charge with them in the Execution of the whole Office nay these in truth are the principall Officers in this Office and the Over-seers are but Assistants to them For so are the words of the Law that they shall be joyned with the Church-wardens c. Eleventhly If any forfeiture be by any offence About killing of Hares Phesants c. about killing Hares Phesants or Partridges and the Justices of Peace force the payment thereof to these Officers they are to receive the money and see it imployed to the use of the Poor of the Parish Stat. 1 Jac. Chap. 27. Twelfthly These Officers are to joyn with In levying money upon Rates for the Prisoners in the Kings Bench and Marshalsey the Constables of the place to rate the whole Parish towards the payment of the County Rate of the Justices of Peace for the relief of the Prisoners in the Kings Bench and Marshalsey And being rated to pay the same to the High Constable of the Hundred once every quarter under pain to forfeit ten shillings for every default 43 Eliz. Thirteenthly They are also to joyn with For Mariners and maimed Souldiers the Constables to rate the whole Parish towards the payment of the Justices Rate for the County for the relief of the Poor Marriners and maimed Souldiers And to collect and pay the same to the High-Constable ten dayes before every quarter Sessions under pain to forfeit twenty shillings for every default 43 Elz. Fourteenthly These Officers alone are For the Prisoin the Gaol to rate and levy the County Rate made by the Justices for the relief of the Prisoners in the Common Gaole and to pay the same quarterly to the High-Constable of the same Hundred under pain of five pounds and this money if the Church-wardens doe pay before they doe Collect it it shall be allowed them again upon their Accompt Fifteenthly Where an Offender that is To carry a Prisoner to Gaol committed to Prison hath not Goods sufficient to defray the charges of conducting him thither The Constables and Church-wardens and two or three of the Parshioners may make an indifferent Rate for the same And any one of these Officers by warrant from the Justice of Peace that did commit the Offendor may levy the same Rate on the Parishioners Goods Sixteenthly These Officers are upon a Numb 13 Warrant sent to them from any that have Against Drunkards power to levy the forfeitures for the breach of any of the Lawes touching Drunkards and drunkenness And they are then also to see that they doe imploy the same to the use of the poor of the place Seventeenthly These Officers are to joyn Against them that destroy Fish with the Constables to execute warrants for the levying of the forfeitures against them that destroy Fish c. Eighteenthly They are also to joyn with To choose Surveyors for the High-wayes the Constables in the chusing of Supravisors for the High-wayes and in the setting down of dayes for the work and in the oversight of the High-Constables Accompt for the moneys they doe receive by any forfeiture They may also with the help of two Justices of Peace Quorum Vnus force Force High-Constables to accompt High-Constables that have received any money forfeited for defaults of High-wayes to accompt for it and pay in what is in their hands to be imployed about the High-wayes Nineteenthly If a Rogue be brought and About a Rogue tendred to these Officers they must receive him or else they forfeit five pounds Stat. 39. Eliz. Twentiethly 1. These Officers being required About Presentment must attend the Justices of Peace and with the Over-seers of the Poor give to the Justices an Accompt of what stock of money hath been raised by Rates or is otherwise setled amongst them and how they are imployed and what Apprentices are placed or fit to be placed and of the rest of the things concerning their Office 2. They must also present upon their Oathes all Offences that are done within their Parish against the Statutes made for the suppressing of Drunkenness and other disorders of Ale-houses 3. They are to joyn with the Constable in presenting of Popish Recusants CHAP. XII Of the Over-seers of the Poor and their Office THe Overseers of the Poor Numb 1 are certain Officers appointed What they are and
take any Cattel for his Master to compast his ground as an Agistment That he may cut down Underwoods that have been used to be cut and doe any other such like thing for the bettering and improving of his Masters Land and Mannor But it is not safe for a Bayliff as we conceive to take too much herein upon him without some special authority from the Lord nor very safe for others to joyn with him herein unless they be sure of his authority or he hath been long Bayliff there and hath been used alwayes to doe such things as Bayliff But it is agreed of all sides That if he build any new house or set up any old house that is fallen or make any new additions or alterations as tyle the house which before was thatched or pale it where before it was hedged or the like without a special command from the Lord so to doe he will be a Trespassor to the Lord by it 5. These also are to oversee and order the labors of other Laborers and Servants that are under them about their Masters work 6. And lastly They are to give account to their Lords of all their Receipts and disbursments and pay into them the money remaining in their hands being required And if they refuse the Lord may compell them hereunto by an especial Action of Account given to him for his relief in the Case Broo. Bayliff 31. 8 Ed. 4. 13. CHAP. XVIII Of such Watchmen as keep watch and ward THe Office and Power of a The Power and Duty of them Watchman and Wardsman lyeth in these things 1. They are being required by the Constable to watch and ward from Ascention till Michaelmas the Watchmen from Sun set to Sun rising and the Wardsmen from Sun rising to Sun set 2. These Officers are to pose all men and to arrest and secure all Rogues and suspitious persons and if it be in the night to keep them till the morning and then bring them to a Justice of Peace to be examined or if they will they may deliver them to the Constable who must take care of them And if any resist them and break away they may send Hue and Cry after them CHAP. XIX Of the Minister of a Parish THe Minister of a Parish his His Office and Duty Office about civil matters lyeth in these things only 1. He must keep a Register Book 2. He must herein enter a Testimoniall or Pass of all the Rogues that are taken up and whipped in the Parish 3. He must herein enter all the Licences he gives to sick persons to eat flesh in lent 4. He must also enter therein all Testimonials of Servants departing from their Masters CHAP. XX. Of Owners and Rulers of Faires and Markets and their Deputies THe Office of Rulers and Their Office and Duty Owners of Fairs and Markets lyeth in these things 1. they must appoint one certain open place in the Faire or Market for sale of Horses Geldings Mares and Colts and one sufficient person to take toll and keep the place 2. This Deputy or person so appointed must take Toll there from ten a clock to Sun-set upon the Market or Faire day 3. And he may take Toll after or before or in another place 4. when any Contract is made about the sale of any horse the parties contracting and the horse about which the Contract is made must be present 5. He must have and keep a Book to enter all Contracts of Horses 6. He must there enter and write down the names of the Persons contracting the place of their dwellings and colour or some other speciall mark of the horse 7. If he know the Seller himself he may enter it as upon his knowledge the name of the Seller and place of his dwelling mysterie price and otherwise he must take the same knowledge from some one credible person that will testifie it and then he must enter also in the Book the Names Mistery and place of dwelling of the Testifier 8. He must give a note of this entrie out of his Book to the Buyer so he will pay him two-pence for it 9. This Clarke or Register is within a day after the Faire or Market to bring his Book to the Governor or Master of the Faire 10. This Governor is then to cause a Note to be made of all the Horses sold and to subscribe his name or mark to it Stat. 31 Eliz. 21. 2 and 3 Ph. and M. 7. FINIS THE TABLE A Account VVHere Constables and such like Officers are bound to Account chap. 7. numb 20. sect 1. chap. 11. numb 8. Adultery see Bawdrie Affrayes What Constables and others may and ought to doe to prevent and allay an Affray chap. 7. sect 1. numb 5 6 7. sect 2. numb 1 5 6. Aid What Aid Constables may require of other men in the execution of their Offices and what aid such men are bound to yeild them chap. 7. sect 1. numb 9. sect 2. numb 4 6 10. Allowances see Account Arrest What Arrest is and where it is lawfull chap. 7. numb 6 11 18. sect 2. numb 3 4 8 12 13 15 16. B Bayliff or Reeve of a Mannor How be is made and his Office chap. 17. Bawdrie How it is to be punished chap. 7. sect 2. numb 1 5. C Church-Wardens How made chap. 11. numb 1. Their Office and Duty chap. 11. numb 1 2 3 c. Clerk or Sexton of a Parish How made chap. 15. His Office chap. 16. Constables What these Officers are and who may be chosen thereunto and how and their Oath chap. 1. sect 2. chap. 7. sect 1 2. Their Office and Duty about the Peace and in case of Affrayes chap. 7. sect 1. numb 5 6 7. sect 2. numb 1 5 6. About Fellons chap. 7. sect 1. numb 6. sect 2. numb 1 2 8 9. About Adulterers chap. 7. sect 2. numb 1. About them that threaten Murder chap. 7. sect 2. numb 5. Or Attempt to Rob chap. 7. sect 2. numb 13. About Night-walkers chap. 7. sect 1. numb 6. sect 2. numb 2. About them that make Insurrections Ryots chap. 7. sect 2. numb 4. About an Inn-keeper refusing to receive a Traveller chap. 7. sect 9. About Swearers chap. 7. sect 4. About Purveyors chap. 7. sect 11. About the Profaners of the Lords day chap. 7. sect 3. About Cloathiers chap. 7. sect 16. sect 9. About Alehouse-keepers Drunkards c. chap. 7. sect 9. About him that doth disturbe a Minister in preaching chap. 7. sect 10. numb 4 About Stage-Playes chap. 7. sect 10. numb 2. About a Rogue chap. 7. sect 6. About Hue and Crye chap. 7. sect 2. numb 10. 13. About Servants departing out of their Masters service without a Testimonial chap. 7. sect 10. numb 5. About May-Poles chap. 7. sect 10. numb 1. About Recusants chap. 7. sect 11. About Maltsters chap. 7. sect 10. numb 10. About them that dress meat in Lent chap. 7. sect 11. About Hedg-breakers chap. 7. sect 10. numb 9. About Laborers that will not work chap. 7 sect 10. numb 3. About suspicious persons chap. 7. sect 1. numb 1 8 9 14 15. sect 2. sect 6. numb 4. About Watch and Ward chap. 7. sect 2. numb 2. About Rates chap. 7. sect 8. chap. 8. sect 2. About an Abjured person chap. 7. sect 11. About Takers of Pheasants chap. 7. sect 11. About High-wayes chap. 7. sect 10. numb 7. chap. 8. sect 3. About them that have the Plague chap. 7. sect 10. numb 8. About taking Fish chap. 7. sect 11. About a Presentment chap. 7. sect 12. About carrying a Prisoner to Gaole chap. 7. sect 2. numb 5 6 7 10 13 15. sect 6. numb 8. About the receiving and paying of monie chap. 7. sect 8. About the petit Sessions chap. 7. sect 7. numb 4. About the Executions of Precepts from others chap. 7. sect 1. numb 17. sect 2. numb 14. Where they may justifie the breaking of a House chap. 7. sect 1. numb 10. sect 2. numb 10. Arrest a man out of their Precinct chap. 7. sect 1. numb 11. sect 2. numb 6. chap. 1. sect 6. Where they may beat wound or kill a man chap. 7. sect 1. numb 14. sect 2. numb 6 5 11 15. Where they may Arrest the body of a man chap. 7. sect 1. numb 6. 11. 18. sect 2. numb 12. Where and how they may search chap. 7 sect 2. numb 9 11 14 15. sect 1. numb 6 11 18. Where they may imprison a man chap. 7. sect 1. numb 14. Where they may seize Goods chap. 7. sect 2. numb 11. sect 3. sect 2. numb 4. chap. 1. sect 4 5 6. Where they may Fetter or Pinion a man or put him in the Stocks chap. 7. sect 1. numb 11 12 13. Where they may let a Prisoner goe chap. 7. sect 2. numb 10. What Account they must make chap. 7. sect 1. numb 19 20 21. The Office of constables of Towns chap. 10. The Office of High-Constables chap. 9. Correction House see Governor Custome What Custome or Prescription is good in choise of Officers chap. 7. sect 2. F Faires and Markets The Owners and Rulers of Fairs and Markets and their Office chap. 20. G Gaole see Keeper Governour of the House of Correction What he is His Office and Duty chap. 5. H Hayward How he is made His Office chap. 16. K Keeper of the Gaole His Office and Duty chap. 6. M Ministers The Ministers Office about Civil things chap. 19. O Officers Of Officers in general chap. 1. Overseers of the Poor What they are and how made chap. 12. R Register of a Parish How he is made His Office and Duty chap. 14. S Supravisors or Surveyors of the High-wayes How they are made And their Office and Duty chap. 13. T Treasurers of the Countie Stock For maimed Souldiers Widdows and Children chap. 2. For relief of Prisoners in the Kings Bench and Marshalsey For the Prisoners in the Gaole W Watchmen Their Office and Duty chap. 18. FINIS