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A42380 The compleat constable directing all [brace] constables, headboroughs, tithingmen, churchwardens, overseers of the poor, surveyors of the highways, and scavengers in duty of their several offices according to the power allowed them by the laws and statutes, continued to this present time, 1692 : also directions for the London constables, to which is added a treatise of warrants and commitments proper for the knowledge of all constables, &c. Gardiner, Robert. 1692 (1692) Wing G238B; ESTC R40879 79,778 167

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unruly or suspicious And as to keeping the Watch in this About keeping Watch in the City City you may observe That in every Ward there are a certain number of Watchmen appointed by Act of Common Council And by Custom all the Constables in each Ward attend by Turns one every Night according to his Turn to go the Rounds and take care of such other things as belong to his Office And the Constable and Beadle every Night are to warn such Persons as are to Watch in their several Precincts and if those Warn'd do not appear the Constable usually appoints Hired men in their steads who are to pay the Constable therefore according to the Custom of the City and if they Refuse to pay the Lord Mayor will compel them CHAP. XXIV Of the Duty and Office of Church-wardens THese Officers are very Ancient Church-wardens how chosen and are to be chosen in every Parish yearly by the Consent of the Minister and Parishioners in Easter-Week If the Minister and Parishioners cannot agree in their joynt Choice then the Minister may choose one and the Parishioners another Book of Canons 1 Jac. 1. An. 1604. But this Canon shall not prejudice a Custom Custom to choose otherwise These Officers are to take care for the Their Care providing and preservation of the Goods of the Church as the Books Communion Plate and other decent Ornaments and Furniture of the Church during their Office And they may by the Name of Church-wardens How they may Purchase c. purchase moveable Goods or Chattels and also sue or be sued for or about such Goods for the use and benefit of their Parish 12 H. 7. fo 27. And if they be once possessed of any Action for taking Goods out of their possession Goods or Ornaments belonging to the Church and any person steal them take them away or abuse them they of their Successors may have their remedy at Common Law by Indictment or Action as there is occasion and recover to the use of the Parish But if things be given to the Church-wardens Equity for Goods given whereof they had no possession by Will as Mony or other moveable things of which they never had possession they have no way to recover them but in the Spiritual Court or in Equity See 3d part of Cook 's Rep. Hadman's Case Kitchin p. 277. Finche's Law l. 2. c. 17. Neither can they prescribe to have Lands Prescription for Lands A Pew built in the Church c. to them and their Successors If a Man make and set up a Pew in the Church or hang up a Bell in the Steeple they thereby become Church Goods tho' he do not expresly give them to the Church and he nor his nor any other may afterwards take them away but the Churchwardens may sue him or them that do it 10 H. 4. fo 9. Kitch p. 277. Yet they have no such property in the They may not impair the Goods of the Parish Goods of the Parish as that they can give sell release hurt or impair them but if they do the Parishioners may elect New ones before the Year be out and the New ones may have an Account against the others 2 Ed. 4. fo 7. If the Organs be taken out of the Organs Chuch the Churchwardens may have an Action of Trespass for the same though the Action Vicar took them because they belong to the Parishioners and not to the Parson As was Adjudged in the Kings Bench Trin. 12 Jac. 1. But as touching any Estate of Lands For Estate of Lands c. the Vicar c. must bring the Action or Profits of any Lands the Church-wardens cannot intermeddle and if any Person break the Walls Windows or Doors of the Church eat up the Grass or cut down the Trees in the Church-yard the Parson or Vicar and not the Church-wardens must have the Action 8 H. 6. fo 9. If the Churchwardens prosecute Causes Prohibition granted in the Spiritual Court which are meerly Temporal Writs of Prohibition will be granted against them Roll's Cases 2d part 286 287 289. About the Seats in the Church THe Churchwardens are to Repair the To Repair the Seats in the Church Seats in the Church but the Ordinary or Bishop of the Diocess ought of common Right to place or displace such as shall sit therein Except such Seats in Chapels as belong Prescription for Seats to Noble-men and such other Seats as any Person can prescribe to fit in by reason of his Estate descended from his Ancestors c. But then he must prescribe That he and his Ancestors whose Estate he hath had used to Repair such Seat c. and to sit there Roll's Cases 2d part fo 288. These Churchwardens also by the Common To Repair the Body of the Church c. Law are to see to the Repairs of the Body of the Church and Steeple but the Chancel is to be Repaied by the Parson And the Churchwardens are not bound to Repair any part of the Church or Isle which any man claims by Prescription to Prescription Church-yard him or his House Also they are to take care That the Church and Church-yard be kept clean and decent Also to provide Books of Common-Prayer To provide Ornaments and other Requisites Books of Homilies a Parchment-Book for Registring Christnings Weddings and Burials Also Fonts Pulpits Tables Alms Chests Communion Cups and other Ornaments and Furniture requisite and a Chest with three Locks and Keys wherein to keep the same Also Bread and Wine for the Sacrament according to the number of the Communicants 37 H. 6. 30. 12 H. 7. 10. Now for defraying the Charges of these Church-wardens make Rates c. things the Churchwardens with the assent of the Major part of the Parishioners usually impose Rates upon the Parish But it s said That if the Parishioners upon publick Notice for that purpose given them do not assemble the Church-wardens and Overseers of the Poor or the greater part of them may make the Rate See 5 Co. Rep. fo 65. But here Note That persons are How the Parishioners are chargeable chargable towards the Reparations of the Church in respect of their Lands And toward the Church Ornaments and other Requisites for Worship and Service in respect of their Dwelling or Habitation or Personal Estate See Roll's Cases 2d part fo 291. These things hereafter mentioned are accounted Church Reparations viz. The Walls of the Church and Church What are accounted Church-Reparations Steeple The Church-yard Walls of Stone or Brick c. The Windows Iron-Bars and Glass The Roof of Timber with Laths Nails Priggs Dogs and Bolts of Iron The covering of Lead Tiles Slates or Shingles The Floor with Stone or Paving-Tile The Doors with Locks and Keys Stairs Floors Bells Wheels and Ropes in the Steeple The Pulpit and the Pews or Seats not made by Private men by Custom All these