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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
book_n	common_a	prayer_n	sacrament_n	5,309	5	7.6348	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A48475	The duty and office of high-constables of hundreds, petty-constables, tythingmen, and such inferior ministers of the peace with the several duties and offices of churchwardens, overseers, and collectors for the poor, of surveyors for amending the higheways, and distributors of the provision for the destruction of noysom fowl and vermin / first collected by William Lambard, in the reign of Q. Elizabeth ; and now enlarged with many useful additions according to the succeeding statutes by R. Turner ...	Lambarde, William, 1536-1601.; Turner, R.	1671 (1671)	Wing L215A; ESTC R41023	59,151	158

too many Officers are guilty thereof themselves 4 Jac. ch 5. If the Officers find any tipling in any Inn or Alehouse in the time of Divine Service then they forfeit 3. s. 4. d. more for Tipling besides the Twelve pence for being absent from the Church And the Master of the house that suffers them to drink forfeits Ten shillings which forfeitures are to the use of the Poor Can. 88. The Churchwardens or Quest-men then Assistants shall suffer no Plays Feasts Banquets Suppers Church Ales Drinkings Temporal Courts or Leets Lay-Juries Masters or any other Prophane usage to be kept in the Church Chappel or Church-yard neither the Bells to be rung superstitiously upon Holydayes or Eves abrogated by the Book of Common Prayer nor at any other times without good cause to be allowed by the Minister of the place and by themselves Canon 50.85 Neither the Minister Churchwardens nor any other Officer of the Church shall suffer any man to Preach within their Churches nor Chappels but such as by shewing their License to Preach shall appear unto them to be sufficiently authorized thereunto And the Churchwardens and Quest-men 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 Finch lib. 2. ch 17. pag. 179. Rolls Cases 1. part fo 393. Although as I have said before the Law doth make Churchwardens a kind of Corporation and enables them by that name to take moveable Goods and chattels and to sue and be sued at Law concerning such Goods for the use and benefit of their Parish yet they cannot take an Estate of Lands to them by name of Churchwardens for if a Feoffment be made to the use of the Churchwardens of H. this use is void for they have no capacity to take such purchase Neither can Churchwardens prescribe to have Lands to them and their successors for they are no Corporation to have Lands but for Goods of the Church only If a Bell be broken the Churchwardens may have an Action against him that brake it and shall recover damages which shall be to the use of the Parish and not to their own use The Churchwardens have no such property in the Goods of the Church as thereby to have power to give sell release hurt or impair them without the assent of the Side-men or Vestry Finch lib. 2. ch 17. pag. 179. If the Churchwardens shall give or impair the goods of the Church in their custody the Parishioners may choose new ones who may have an Account against their predecessors Trin. 21 Jac. Ban. Regis Rolls Cases 1. part fol. 393. If the Organs be taken out of the Church the Churchwardens may bring an Action of Trespass for the same for the Organs belong to the Parishioners and not to the Parson and therefore the Parson cannot sue the party in the Ecclesiastical Court that took them 10 H. 4 fol. 9.8 H. 6. fol. 9. If the Walls Windows or Doors of the Church be broken down or the Trees in the Church-yard be cut down or the Grass thereof be eaten up in this case the Parson or Vicar and not the Churchwardens shall have an Action for it A Parson may bring his Action for breaking and entring into his house and close when it is the Church and Church-yard Mich. 16 Jac. Com. B. Rot. 716. Smith and Pannel's Case If the Churchwardens present in the Ecclesiastical Court That one A. B. one of their Parishioners is a Railer and sower of Discord amongst his Neighbours in such case there lyes a Prohibition for this belongs to the Leet and not to the Spiritual Court unless such Railing were in the Church or Church-yard If the Churchwardens sue in the Ecclesiastical Court for a Church-way which they claim to belong to all the Parishioners by prescription a Prohibition lyes for this is a Temporal cause If the Churchwardens of H. sue R. A. in the Ecclesiastical Court for that he and all those whose Estate he hath in such an House c. at the Perambulation or Procession of the Parishioners of the Parish did use to provide a Refreshing for them with Bread Cakes Cheese and Ale c. and suffer them to rest there in this case a Prohibition will be grauted for that they claim it in the nature of a Corrody A Corrody was a reasonable allowance of meat drink bread money clothing lodging and such like sustenance which every Founder of Abbies Priories Nunneries and other Houses of Religion had in the same Houses when they were standing for his Father Brother Cousin or other man that he would appoint should take it if it were a house of Monks and if he were a Founder of a house of Nunns or Women then the same for his Mother Sister Cousin or other woman that he would direct thither And alwayes this was provided for that he that had a Corrody in a house of Monks might not send a Woman to receive it nor where a Corrody was due in a Nunnery there it was not lawful to send a Man to receive it for in both cases such Presentation was to be rejected The Churchwardens are to look to the repair of the Seats in the Church but the disposing of the Seats in the Body of the Church belongs of common right to the Ordinary of the Diocess so that he may place and displace whom he pleases except in some cases For the Ordinary hath nothing to do with the Seats in the Chappels belonging to the houses of Noble men And if a man and his Ancestors and all those whose Estate he hath in a certain Messuage have used time out of mind to repair an Isle of the Church and to sit there and none else in such case the Ordinary cannot displace him because he hath it by Prescription for a reasonable consideration If a man prescribe that he and his Ancestors and all those whose Estate they had in a certain Messuage did use to sit in a certain Seat in the body of the Church time out of mind in consideration that he and they have used time out of mind to repair the said Seat if the Ordinary remove him from such Seat a Prohibition may be brought for the Ordinary hath no power to dispose of it for it is a good Prescription and by intendment a good consideration for the same But if a man prescribe to have a Seat in the body of the Church generally without consideration to repair the same in such case the Ordinary may displace him 37 H. 6.30 11 H. 7.27 Canon 20 70 80 81 82 83 84 85. The Church-wardens 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-Parchment-Book for Registring of 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

but only at the 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 or any of them after their Presentments exhibited at any of those times be any farther troubled for the same Except it evidently appear that they did willingly and wittingly omit to present some publick crime or crimes as they knew to have been 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 to explain their former Presentments And in 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 113 118. One of the two times of Presentments is alwayes to be about a week or fortnight after Easter at which time also the old Churchwardens are to leave their 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 Presentments and every Parson or Vicar or their Curates in their absence are to joyn in the presentment with the Churchwardens c. and if the Churchwardens refuse to present then every such Parson and Vicar or in their absence their Curates may themselves present to their Ordinaries at all such times and when else they shall think fit The summ of the Articles usually given to the Churchwardens to make their Presentments upon are these viz. 1. Whether their Church and Chancel Bells and Ropes be in good repair 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 Carpet Table-cloth Flagons with Cups and Cover for Bread and Wine a Reading-Desk a Pulpit with a Cushion and Covering for it a fit Common-Prayer-Book of the largest volume the Bible in folio of the last Translation with a Book of Homilies and Book of Canons and a Surplice If the Tombs Monuments and Grave-stones be safely kept from removing and breaking A Book of Parchment for Registring Christnings weddings and Burials 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 Prohibiting Marriage hung up in the Church If the Parsonage-house and Out-houses be in good Repair and the Churchyard well fenced to keep out Swine c. 2. Whether the Parson Vicas or Curate read the Common Prayer at Morning and Evening Service wear his Surplice bid dayes Preach every Sunday or read an Homily Catechise observe the Fifth of November Thirtyeth of January Twentyty-ninth of May and Second of September and observe Perambulations or going the Bounds in Rogation-week 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 one 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 chast life a Peace-maker amongst his Neighbours and one that takes care to reduce Sectaries Recusants Separatists and Refractory Parsons 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 3. Whether all their Parishioners of due age resort to the Church to Divine Service behave themselves reverently there kneel stand up and make Answer to the Rubrick of the Common Prayer book whether any work or sell wares on Sundayes or Holydays or whether Vintners Victualers Inn-keepers or others to receive any to drink in their houses in the time of Divine Service Whether any Marry within the Degrees forbidden or be Adulterers Swearers Blasphemers Drunkards If any above Sixteen years of age do not receive the Lords Supper three times a year whereof Easter to be one If any keep their Children Unchristned Women that come not to be Churched or any bring not their dead to be Buried after the Service of the Church Or if any be Married without Banes or License at unlawful hours 4. 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 School-Master Physitian Chirurgeon and Midwife if they have any Teach or Preach without License If the Churchwardens be duly chosen according to the Canon and Custom c. CHAP. XI The Office of the Overseers of the Poor ST at 43 Eliz. ch 2. 21 Jac. chap. 28. The Overseers of the Poor are to be chosen yearly and joyned with the Church-wardens of the Parish in the oversight and ordering of the Poor of the Parish They are to be chosen by two or more Justices of the peace one whereof to be of the Quorum who are yearly under their hands and seals at Easter or within one Month after to appoint four three or two substantial Housholders according to the greatness of the Parish to be joyned with the Church-wardens to look to the Poor of the Parish Stat. 43 Eliz. ch 2. The major part of these Officers without the rest may do any thing belonging to their office but they are to have the allowance and consent of two Justices of peace one of the Quorum to every thing they do about their office And these Officers or such of them as are not hindred by just excuse to be allowed by two Justices are to meet monthly in the Church on Sunday after Evening Prayer to consider of matters concerning their office and to use all possible diligence in their office on pain of Twenty shillings for every such default Dalt J. P. ch 40. so 98. The Parents that are able to work and may have work are to find their Children by their labour and not the Parish but if they be over-charged with Children the Overseers are to help them by putting out some of their Children Apprentices Stat. 43 Eliz. chap. 3. Resolu Judges 16 17. The Father Grandfather and the Children and Grandchildren of every poor impotent person not able to work being of sufficient ability shall relieve such poor persons in such manner as the Justices of the peace of that County where such sufficient person dwelleth at their general Quarter-Sessions shall Assess And if such party refuse to abide the Order they forfeit Twenty shillings for every Month to the Poor of the Parish which forfeiture is to be levied by the Church-wardens and Overseers or one of them by Warrant from two Justices one of the Quorum by distress and sale of the offendors goods and for want of Distress two such Justices may commit the offendor to

for putting the same in And they are to provide Bread and Wine for the Sacrament according to the number of the Communicants And they may Rate the Parish for money to defray their Charges Their Rates are to be done by the Church-wardens with the assent of the greater part of the Parishioners and upon a general warning given before they meet for that purpose And the Ecclesiastical Court hath cognizance of the reparation of the Body of the Church Co. 5. Rep. fo 67. If a man dwell 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 Co. ibid. If an Inhabitant of one Parish lease out his Lands which he hath in another Parish reserving Rent then he shall not be charged in the Parish where the Lands lye because there is a parishioner and inhabitant who may be charged If a man live in one Parish and occupy Lands in another Parish he shall not be charged in that Parish where the Lands lye for the Ornaments of the Church according to his Land for the Inhabitants only ought to be Rated for them 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 lyes M. 13 Jac. C. B. If there be a Chappel of Ease within a Parish and one part of the Parish have used time out of mind 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 notwithstanding they must contribute to the reparation of the Mother-Church If some parishioners be Rated and others are not and those who are rated are sued in the Ecclesiastical Court they must plead this matter in this Court for they cannot have a Prohibition Where there are five Bells in a Church and the major part of the parishioners agree that there shall be made a sixth Bell which is made accordingly and they make a Rate for the payment of it this shall bind the remainder of the parishioners though they did not agree unto it otherwise any obstinate persons might hinder any thing intended and what is fit for the Ornament of the Church Heckfield and Mattingly c. Every man ought to be rated according to his personal Estate and not according to his Lands for the Goods and Ornaments of the Church and by a Land-rate for Church-reparations though the occupier of the Lands live in another Parish These things are accounted Church-reparations and are to be performed by a Land-rate viz. The Walls of the Church and Steeple the Churchyard Walls or Rails the Windows and Barrs of Iron and Glass the Roof of Timber with Laths Nails Prigs Dogs and Bolts of Iron the covering of Lead Tyle Slates or Shingles the Floor with Stone or Paving-Tyle the Doors with Locks Keys ridges Hooks and Nails the furniture of the Steeple with Stairs Floors Bells Wheels and Ropes the Pulpit and the Pews and Seats not made by private men These following are to be rated on the Inhabitants of the Parish and not upon out-dwellers viz. The Communion-table and coverings thereof the Communion-cups the Bread and Wine for the Communicants the Bible and other Books appointed to be in Churches the Washing of the Communion-clothes Candles for Lecture-dayes the Surplice Pulpit-cloth and Cushion the Clerk and Sextons wages and expences of the Churchwardens and Sides-men about the Parish-business The Churchwardens are to joyn with the Constables in making of Rates for the Relief of the poor maimed Souldiers and Mariners and for conveying Prisoners to the Gaol and to execute Warrants for the same 14 Car. 2. ch 2. The Churchwardens are to joyn with the Constables in the choosing of Surveyors for the Highways and in the setting down of dayes for the work and in the oversight of the High-Constables Account for the money they do receive upon any Forfeitures about the Highwayes And they may with the ayd of two Justices one of the Quorum force High-Constables to account for and pay in what money they have received forfeited for default of High-wayes And to execute the Justices warrants for the penalties and forfeitures about cleansing the Street and repairing the High-wayes 18 Car. 2. ch 4. The Churchwardens and Overseers of the poor are to execute the Justices Warrant for levying the penalty of Five pounds upon the parties Goods that is not Buried in Woollen which penalty is to be employed to the use of the Poor 14 Cor. 2. ch 2. the Churchwardens in London Westminster and Borough of South-wark c. upon every Tuesday or Wednesday in Easter-week together with the Constable Overseers of the poor and Surveyors of Highwayes in every Parish respectively or the greater number of them giving notice or calling together such other inhabitants of their Parishes as have formerly born the like Offices they or the greater number of them are to make choice of and shall nominate and appoint two or more able persons that are Tradesmen of their parish to be Scvengers for the Streets Lanes and other open passages of each Ward or division within the said Parish for the Year next following and until others be chosen and setled in their places Canon 89. The Churchwardens at the end of their Year or within one Month after at the most are before the Minister and Parishioners to give up a just Account of their Receipts and Disbursements and at their going out of their Office they are to deliver up to the Parishioners what Money or other things of right belonging unto the Church which they have remaining in their hands that it may be delivered over by them unto the next Churchwardens by Bill indented If the Churchwardens refuse to do this they may be presented at the next Visitation-Court for it or the succeeding Church-wardens may bring their Action of Account against them at the Common Law and compell them to it and in this account they shall be allowed their needful Disbursements and Expences about the Parish business Canon 116. The Churchwardens Questmen or Sides-men shall not be bound to exhibit their Presentments about once a Year where it hath been no oftner used nor above twice a year in any Diocess whatsoever except it be at the Bishops Visitation for the which Presentments of every parish Church or Chappel the Register of the Court where they are to be exhibited shall not receive above Four pence in one Year under pain of Suspension from the execution of his Office the space of one Month for every offence toties quoties But the Churchwardens may voluntarily present oftner if they please Canon 117. No Churchwardens Questmen or Sides-men shall be called or cited