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
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
THE OFFICES OF Constables Church-Wardens Overseers of the Poor Supravisors of the High-wayes Treasurers of the County-Stock And some other lesser Country Officers plainly and lively set forth The third Edition with divers Additions and Alterations agreeable to the late Acts and Ordinances By WILLIAM SHEPPARD Esq LONDON Printed by Ric. Hondgkinsonne for Nath. Ekins at the Gun in Pauls Church-yard To all his Loving Country-men MY Deer Friends whose welfare as I much desire so shall I as I may endeavour And having considered within my self how commonly the most of you are necessarily called to take upon you the offices of Constable Church-warden Over-seer of the Poor Supravisor of the High-wayes and some other like offices how large the extent of these offices are amd how little knowledge and skill the most of you have therein whence it cometh to pass that in execution of them sometimes on the right hand you exceed your authority and fall into the hands of the mercilesse Malefactor sometime and more commonly on the left hand you fall short of your authority for he that goeth in the dark knoweth not where he goeth and doe not so much as you may which proves a discouragement to the officer and encouragement to the offendor and hindrance of Justice For the Cure hereof I did heretofore in one Book give you a draught of all these lesser Country offices and therewith also an Epitome of some of the most common and usefull Statutes referring thereunto This Book I have now again revised corrected and by many alterations and additions fitted to our present time and so I deliver it into your hands as a Looking-glasse for you And oh that I could now perswade you all to buy it and read it to know what you may and what you are to doe And when you know it in the name of God doe it and fear not for in so doing you shall doe God much service and your Country much good And this that you may doe shall be alwayes the prayer of your Loving Country-man W. S. CHAP. I. Of Offices and Officers in generall AN Office is that Function Office and Officer what by vertue whereof a man hath some imployment in the affairs of another And an Officer is he that is so imployed There are divers kinds The kinds of Officers and distinctions of Officers and offices in this Nation we have had Officers and Offices Spiritual or Ecclesiasticall such as were conversant about Ecclesiasticall matters as Ordinances and such like which are gone and Ministers Church wardens and the like which doe yet continue SECT I. OR Civill such as were conversant about Civill matters The Civill Officers and Offices are again some of them judiciall that is such as are to administer Justice upon the Bench and in the highest place and have judiciall voyces in some of the Courts of Justice as the Lords Commissioners of the great Seal Judges in the two Benches Barons in the Exchequer Justices of the peace in their Sessions Stewards in Leetes and divers others And others of them are ministeriall onely that is such as doe attend upon the judiciall Officers and serve either to prepare and make ready matters for the judiciall Officers to determine so all the ministeriall Officers in and about all the Courts of Justice or else they serve to execute what the Judges have before determined such were Constables Keepers of Prisons and divers others And some again are partly judiciall and partly ministeriall who have in some things a judiciall power and act as Judges and in other things only a ministeriall power and can act but as Ministers so are Sheriffs and other officers in divers particular acts of their Office And some Officers and Offices are and serve for all the Nation and some are and serve for one County onely and may be called Countie Officers so Sheriffes Coroners Treasurers of the County stock and others And some serve for one Hundred onely and may be called Hundred Officers and some are and serve for one Parish onely as the Parish Constable Church-wardens Overseers of the poor â—urveiors of the high-wayes the Register Parish-Clerk Hayward and the like And some for one place or house onely as the Master of the house of correction for that house the Keeper of a Prison for that Prison onely and so of others some are for the publique administration of justice as Sheriffs Constables and such like Officers and some are and serve onely for and to the private interest of some men as the office of Parkers Bayliffs and such like As to Officers and Offices that concern the publique administration of justice these things are to be known as to their qualification 1. They must be fit for their office that are chosen into it SECT 2. ANd therefore none that are by law priviledged and exempted are to be chosen as the Officers whose personall attendance is necessary in any of the Courts at Westminster or in the Court of White-hall may be chosen to an office in the Country wherein his personall attendance is necessary as Constable Church-warden or the like Atturneys therefore of the Courts at Westminster the ordinary servants of the Lord Protector in his house are exempted so are ministers also Physitians and Surgeons in London are exempted and some others 2. They must be fit in body and minde to to doe their work and duty of the office or else in some cases they are to be removed and others put in their place 3. The Lord Protector as it seemes may by his Letters Patents exempt any man from serving of any of these Offices And as to their coming into their Offices 1. They must be duly and orderly chosen according to the law in that case provided otherwise all that they doe in the execution of of their Offices will be illegall and they may be sued for it And therefore if a Constable by consent of Neighbours only shall be chosen and sworn in a Court Baron only and not in a Leete or by Justices of Peace and he shall arrest or do any thing as Constable he may be sued as any other man that shall take upon him so to doe So if Church-wardens Overseers of the poor shall be chosen at any other time or in any other manner than is by the Statutes and Ordinances provided or being duly chosen shall not be confirmed by the Justices of the Peace according to the Lawes in that case provided all that he doth is unlawfull and he may be sued for it 2. They must come freely to such Offices for if they give or promise to give any reward or fee for them they are disabled to execute or exercise the same Office Stat. 5. and 6. Ed. 6. 16. SECT 3. 3. THey must attend their charge and Offices if they be negligent therein sometimes they may be punished by speciall penalty as the Lawes appoynt And in some â—â—â—s if any man have any speciall prejudice by their neglect
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