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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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time deliuered it but they still continuing or rather increasing in sinne haue and doo dailie greeue the Lord and doo accoler at his heauie hand Be you but indifferent viewers of your present state and be you your owne Iudges and you shall not denie vnles you be like vnto the Fairies called Lamiae whose nature is that being within their owne house they be blind and cannot looke vpon their owne faults but being abroad can see euerie other mans dooings But that pride couetousnesse whoredome malice enuie excesse gluttonie drunkenes vsurie extortion dissimulation and hypocrisie and almost all kindes of sinnes dooth swimme and abound in euerie place of this citie and shall it not be reuenged The Prophet condemned Sodoma but for foure speciall sinnes pride fulnes of bread idlenes and carelesnes of the poore but looke into Excester you shall find fortie times foure and yet we can lie snorting and sleeping in our sinnes as though it were Omnia bene The more is our securitie and carelesnes the greater wilbe our plagues in the daie of vengeance and so much the more bicause against our knowledge and profession we doo offend God for as Christ saith If I had not come spoken vnto them they should not haue sinned but now they haue no cloake for their sinne vnlesse we doo the sooner conuert and amend Well you are Gods ministers and he hath appointed you to be his Moyses vnto vs and therefore you must in this dangerous case stand before him betweene him and the people and likewise to stand in the middle of the people betweene the liuing and the dead wherebie is meant that you are not onelie to present yourselues before the Lord in a perfect and a pure religion but also must procure and prouide your Aarons and godlie preachers who hauing in their brest plate Vrim and Thumim doo catechize teach and instruct your citizens to know God and the grounds of Christian religion wherebie they may be a holie people vnto the Lord. And then also you yourselues must be men of corage fearing God dealing truelie and hating couetousnes and so to stand in the middle of the people betweene the quicke and the dead that when the people doo come vnto you you doo exequute iustice and iudge vprightlie in punishing the offender and acquiting the innocent For your direction in these two pointes you haue for the first Gods holie word and Testament which the Lord hath commanded should neuer depart out of your mouths and continuall meditations for the other you haue sundrie good and politike constitutions and ancient ordinances of this your citie out whereof I haue drawen this litle Pamphlet and strene referring you for your further instructions to the great Leger or blacke booke wherein at large I haue set downe whatsoeuer concerneth the state of this citie and the gouernment of the same Which good courses if you will folow notwithstanding the ship of your common wealth being ouerladen with sinne and iniquitie is in great danger of shipwracke and to be ouerwhelmed yet Christ will be in readines to calme the seas and to saue both you and your ship if you shall awake him and conuert vnto him And then this your ancient citie which hath continued for these manie hundreds of yeeres shall as the mount Syon be firme and neuer be mooued but God shall saue keepe and defend it that you and your posteritie maie still dwell in it and haue it in possession and you yourselues when you are called to an accompt shall for the well imploieng of your talent bee rewarded and enter into the ioie of your Lord. And thus commending my selfe and this my strene vnto your good acceptation I doo take my leaue Exon the last of the old yeere and the beginning of the New 1583. Your Chamberlaine and assured in the Lord Iohn Hoker POST MORTEM VITA The office and duetie of a Freeman THe Freeman is the cheefest and principallest member of the common wealth of the Citie and as it were out of his loines doo proceed all such as be officers and haue any gouernment or charge in the same And albeit there be three degrees of freemen yet they doo all enioie the same and the like priuileges none can vse nor exercise any trade art calling or office in the Citie vnlesse he be first sworne to the libertiee of the Citie Manie are the points wherewith the freeman is charged and is bound to obserue but the most speciall are these FIrst he is to be true and faithfull to the Quéenes Maiestie hir heires and successors vnder hir to be obedient to the Maior bailife and commonaltie Also he is to kéepe the peace and defend the liberties of the citie Also he is to come before the Maior and common counsell whensoeuer he shall be therevnto required Also he shall not sue nor implead anie franchised man of the citie but onelie in the courts of the citie in all matters determinable in the same except for lacke of iustice Also he shall not be a reteiner nor weare the cloth liuerie badge nor cognisance of anie person being not a franchised person Also he is to be iustifiable and guildhable to all scots and lots taxes and tallages and all other contributions Also he may not colour anie mans euill dooings nor anie forreners goods whereby anie hurt or preiudice may turne to the Quéenes Maiestie or to the magistrates and state of the citie Also he must come yearelie to the election of the Maior and officers and then and there to giue his voice if he haue no reasonable cause of absence Also he must be alwaies loiable and of good behauiour and no longer shall he be a franchised man than he is so neither shall he enioie the liberties of the citie than when he is resiant and dwelling within the same or the franchises thereof Sundrie other articles are incident to his charge which partlie in the oth of a fréeman and partlie in the generall lieger of the citie are conteined The office of the Maior of the citie of Excester THe office of the Maior is the highest and cheefest in the citie and is named in the Latine Maior and in the Saxon Mayer both which importe one and the same thing namelie one more excellent and aboue the rest And as he is in authoritie aboue all others so much the more is he in godlines wisdom and knowledge to excell and exceede them He is the eie and the head of the whole common-weale and therefore must he see and vnderstand all things incident and apperteining both to the common gouernement of the citie and to the preseruation of the publike state His office consisteth in manie branches of which some in particularitie are as followeth FIrst he is not onelie to be godlie and religious in his owne person but also to haue care that all others vnder his gouernment be the like If therefore there be anie inhabitant that doo mainteine anie false religion or
Citie common welth being a free citizen borne and descended of parents who in their times sate in the cheefest seate and chaire of gouernment and was by them in my tender yeares minoritie committed and commended to the credit and gouernment of the Magistrates of this citie Wherefore as vnto deere parents I thought it my part not onelie as a foster child but rather as a naturall sonne to yeeld some remembrance of duetie vnto you And therefore taking the oportunitie of the time present and the occasion of some things otherwise offered I haue thought good by waie of a strene or new yeares gift to offer and present vnto you this litle Pamphelet Which in outward apperance is slender as the hasell nut but as by breaking the shell you shall find a kernell so if you open this booke you shall learne the things most expedient and necessarie for you to know It is the abridgment or summarie of such speciall points as be incident to euerie of your particuler officers which you ought not onelie to know and to vnderstand but also to see to be doone and exequuted You haue in an open assemblie giuen your oth and sworne by the name of the Almightie and eternall God and protested by the great Iehouah so to doo wherefore to be remisse negligent or carelesse therein you shall not onelie offend against the common wealth but most grieuouslie sinne against the diuine Maiestie whose name by your sollies is dishonored and which so great a sinne cannot of his iustice be vnpunished nor vnreuenged And for as much as the Magistrates are Gods Ministers substitutes and vicars vpon earth and from whom all power and authoritie is ordained I am here vpon some occasion to aduertise and remember you that there be two speciall things required at your hands The one is concerning God and his seruice in religion the other concerning your selues and your office in politike gouernment The latter dependeth vpon the first and cannot haue any good successe where the first is not kept and regarded for as a learned man at the common lawes saith Seeing that lawes must be obeied for God it foloweth of necessitie that he which will haue them to be obeied rightly must first learne to honor God truelie or else where this foundation faileth euen as a house builded vpon sand the other falleth It is therefore and ought to be your most cheefe and speciall care that not onelie you your selues but all and euerie such as be vnder your gouernment doo honor and serue the euerlasting God in true religion and according to his prescripts and commandements and then of consequence your politike gouernment must and shall prosper haue successe And that you are thus bounden to doo read the volumes of Moses who was Magistrate vnder God of the Israelites and he did both deliuer them lawes how they should honor the true God of Israel as also set downe punishments for the breakers thereof The like after him did Iosua and the Iudges ouer Israel and the kings ouer Iehuda as in the bookes of the Iudges and in the Chronicles of the Kings dooth appeere For all things to be well doone must take their beginning from religion as the godly diuine saith Nulla politia feliciter constitui potest nisi prima curapietatis sit Preposterous then is the iudgement of those who would haue that religion should perteine onelie to the bishops and clergie and that the ciuill Magistrate should deale onelie in matters of policie but the law of Moses and the lawe of the Gospell doth determine the contrarie and chargeth the ciuil Magistrate with both making the same to be his talent for which he must as a good Steward make his accompt If this be true as it is most true how carefull and vigilant ought the Magistrates of this citie to be that the people committed to their gouernment should not thus in the light of the Gospell walke in darkenes and liue most dissolutelie and looselie I know the Gospell is preached most sincerelie and the Sacraments ministred most purelie and yet small is the number which imbrace the same sincerelie and liue thereunto accordinglie For looke you vpon the face of this common wealth and you shall find it in as bad or worse state than was the state of the common wealth of the Israelites in the time of Ezechiel or rather woorse concerning religion For Atheistes Papistes blasphemers of Gods holie name swarme as thick as butter flies without checke or controlment The Sabboth of the Lord appointed to be kept holie and we commanded to sanctifie the same to giue our selues to the exercise of good workes to be diligent in praiers to be attentiue to the hearing of Sermons is of all other daies most licentiouslie spent in sinne and wickednes the same being counted so much the more holie as it is spent most idelie and wickedlie For be the Preachers neuer so godlie and earnest to call let all the great belles of S. Peters ring out neuer so lowd there will not be halfe so manie gained into the Church as one with a pipe and a whistle shall gaine into the streetes to see vaine and foolish spectacles For let there be a beare baiting a bull baiting an enterlude or anie such vanitie euerie man is in hast to runne headlong to it the time neuer too long to haue there fill thereof And yet if there be no such plaies or games they will rather sit idle in the streetes than be well occupied in the churches Euen as it was said merilie of a preacher that when he sawe the people to depart out of the church from the Sermon spake vnto his auditorie saieng Good people it is said there is a man in the Moone but beleeue it not for there is no such thing but if you will goo forth into the Churchyard you shall find twentie knaues in the sunne And this is most true for whensoeuer there is anie Sermon send you one out into the streetes and there shall you find the greatest number some to knocke there heeles against the stalles some to walke vp and downe the streetes some sitting at the tauerne gulping and drinking some at gaming and plaieng some piping and daunsing and finallie none well occupied This is most true the matter is apparant the fault is knowen a redresse is wished but nothing is doone which thing is much bewailed by the good and godlie It hath beene oftentimes mooued by some one man of great honor calling and authoritie it hath beene aduised and persuaded by most learned and godlie preachers and it is wished by all good and godlie men that some one good and learned preacher were appointed in this Citie who vpon the Sabboth daies might catechize the children teach the old and instruct the people whereby they might be reclaimed to God nurtered in religion and amended in life But Durus est hic sermo this is a hard saieng and who can abide it And
be most conuenient and good for the preseruation of the bodie of the common wealth and of ancient customes liberties and orders of the same and of the rents and reuenues of the citie The particular and most speciall points incident to their charges and offices are as followeth FIrst they are vpon reasonable summons to come and to appeare at the counsell chamber of the said citie as well yerelie at the times appointed and accustomed for the election of the Maior and officers as at all other time and times when they shall be summoned vpon paine of such penalties as by the orders of this citie are limitted vnlesse he haue a lawfull cause of absence Also when they are assembled and come togither at the time appointed they shall then and there take their proper place appointed and in all modestie wisedome and sobrietie behaue and vse themselues and not to depart from thence during the times of their counsell and consultations vnlesse they be licenced vpon paine of the penalties alreadie ordered and assessed Also when anie matter is proposed then euerie one who is to speak his mind shall stand vp in all reuerence and butifull manner and then to speake and declare his opinion vprightlie without anie maner of affection and as shall be for the best behoofe of the common wealth Also whatsoeuer shall be there concluded and determined they are to sée the same to be set downe and registred in their booke of acts and before their departure to heare the same read openlie vnto them Also they shall not discouer nor disclose anie of their secrets or counsels to anie person or persons to the hurt or preiudice of the citie vpon the paines which be limitted and as by the saied Maior and common counsell shall be further ordered and set downe Also they shall not let set demise sell nor allenate anie parts of the cities lands rents reuonewes or other commodities but to and for the best aduantage benefit and commoditie of the citie and common wealth of the same Also there shall no assemblie be made to passe doo or conclude anie thing vnder the number of twelue persons at the least and what shall be agréed vpon and concluded by the said whole assemblie or the more part of them being present to be of effect and for a perfect order Prouided that if in anie matter proposed the voices be equall and of like number then the Maior shall giue his double voice and so the matter to be determined Also none of xxiiij shall misuse or misname one the other in word or déed vpon paine of such penalties as be for such offenses prouided Also the said xxiiij shall attend and accompany the Maior vpon the festiuall daies and vpon the election daies and to bring him home to his house from S. Peters and from the guildhall Also they shall haue a speciall care and regard to the preseruation of all the liberties priuiledges and orders of the citie and especiallie to the charter of the orphanes according to the statute and ordinance therefore prouides Also they shall yearelie attend the Maior for the viewing of the limits bounds and walles of the citie The office of an Alderman THe Alderman is a verie ancient officer in all cities and townes and in great estimation and credit in the times of the Saxons and Brittons They were alwaies the most ancient graue and wisest men and thereof they tooke their name as who saith Elder men not altogither in respect of age but for their wisedome grauitie and good counsels they haue beene officers in all the best commō wealths in all ages as in Roome where they were called Senators in Athens where they were called Areopagitae in Sparta there named Ephori so the like in all other good cities their offices were rather inquisitiue than iudiciall that is to make inquirie and search whether that all things were in good order and what were the abuses to bee amended which being knowne and vnderstood then by their aduise and counsels and according to the lawes reformatiō insued The order and maner of their inquisitions is the like or the same as in times past was vsed in this citie and at these presents is kept and obserued in the citie of London and there called by the name of the wardemotes inquest The speciall points whereof be as followeth FIrst they are euerie moneth to make a search throughout their wards and twise in the yeare to make inquirie by the othes of a iewrie whether that the peace be kept and whether euerie inhabitant haue a club sword or some other sufficient weapon in readines for kéeping the peace and also whether euerie man be assistant and in readines to helpe and succour the officer therein Also whether anie stranger or new come be receiued into anie house and there harbored aboue a conuenient time Also whether anie vndertenants be admitted without licence of the alderman of the quarter Also what iournimen and apprentises euerie artificer hath and in what order Also whether there be anie outlawes felons riotars barrators night-watchers bawdes whoores or anie misliuing or suspect persons in the warde Also whether the Maiors Proclamation be obserued and kept Also whether anie person do breake anie the orders to be enquired by the clarkes of the market that is for forestalling ingrossing and regrating Whether victuals be good and whoalesome and solde at prices reasonable Whether vessels weightes and measures be sealed marked and true Also whether the Bakers do kéepe the assise appointed and whether euery one haue his marke vpon his bread Also whether anie hostler or Innekéeper do bake his bread within his house and sell it Also whether the brewers do brewe according to the Maiors price and his vessels do conteine their iust contentes and be marked Also whether there be anie noisance or purpestures in the Citie as by setting of pales wales stales bulkes porches windowes and such like whereby any incroching is vsed or anie timber stones doonghils or heapes of durt or any other thing be cast and laid in the stréets to the letting or hindering of anie waie or to the anoisance of anie person Also whether anie doo kéepe slaughtering within the Citie or doo kéepe and féede anie hogges duckes or anie other filthie beast Also whether the stréetes be kept cleane and swept twise in the wéeke atleast Also whether anie house be ruinous and stand dangerouslie and whether anie chimney ouen or fornace or backes or heathes for fire do stand dangerously and in perill of fire and the same not presented by the scauenger Also whether there be crookes ladders and buckets in readines to serue if néede should be in perill of fire and whether euerie man haue in a readines a vessell of water at his doore when anie house is aduentured with fire and not aduertised by the scauengers Also whether anie leprosie or sicke person vagabonds or beggers do go abroade a begging within the Citie other than