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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	court_n	grant_v	prohibition_n	1,517	5	11.8673	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A50654	A guide for constables, churchwardens, overseers of the poor, surveyors of the highways, treasurers of the county stock, masters of the house of correction, bayliffs of mannours, toll-takers in fairs &c. a treatise briefly shewing the extent and latitude of the several offices, with the power of the officers herein, both by common law and statute, according to the several additions and alterations of the law, till the 20 year of His Majesties reign / collected by Geo. Meriton, gent.	Meriton, George, 1634-1711.	1669 (1669)	Wing M1793; ESTC R35040	100,385	287

fo 6. b. 37. H. 6. 32. Finch Lib. 2. Ch. 17. pag. 178 179. Abr. Dass fol. 76. Kitchin pag. 277. b. 278. a. 19. And it seems also that 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 observe that if the Churchwardens from whom the Goods were taken be out of their Office their Successors as it seems may sue for or recover the same or damages for them to the use of the Parish Vide M. 31. 32. El. B. R. Hadman Kingwoods Case Cro. Rep. 3. Part. 20. But note That the Churchwardens have no such property in the Goods of their Church as thereby to have power to give sell release hurt or impair them without the assent of the Side-men or Vestry Vide 38. El. Methold Winnes Case Rolls Cases 1 Part. fo 393. and see Hil. 7. Jac. B. R. in Starkie Bartons Case Cro. Rep. 2. Part. vide 13. H. 7. 9. 21. If the Churchwardens shall give or impair the Goods in their custody the Parishioners may choose new ones who may have an Account against their Predecessours 8. E. 4. fo 6. b. Finch Lib. 2. Ch. 17. pag. 179. 22. If the Organs be taken out of the Church the Churchwardens may have 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 such party in the Ecclesiastical Court that took them Tr. 12. Jac. B. R. per Curiam Rolls Cases 1. Part. fo 393. 23. But if the Walls Windows or Doors of the Church be broken down or the Trees in the Churchyard be cut down or the Grass thereof be eaten up the Parson or Vicar and not the Churchwardens shall have an Action for it for they are a Corporation only as to moveable Goods and see 8. H. 6. fo 9. where the Parson brought an Action of Trespass for breaking and entring into his house and close which was the Church and the Churyard 10. H. 4. fo 9. 21. H. 7. fo 21. Parson's Law pag. 191. 24. The Churchwardens by the assent and agreement of the Parishioners may take a ruinous Bell and deliver it to a Bell-founder and agree with him that he shall have four pounds for casting it and that he shall retain the same till the four pounds be paid and such Agreement of the Parishioners shall excuse the Churchwardens in a Writ of Account brought against them by their Successors Churchwardens M. 37 38. El. B. R. Methold Winnes Case Rolls Cases 1. Part. fo 393. 25. If a Presentment be made by the Churchwardens in the Ecclesiastical Court That J. S. one of the Parishioners is a Railer and a Sower of Discord amongst his Neighbours a Prohibition lies in such case for this belongs to the Leet and not to the Spiritual Court unless such Railing were in the Church or such like place M. 16. Jac. C. B. Rot. 716. Smith Pannel's Case Hobarts Rep. fo 246. Rolls Cases 2. Part. fo 286. 26. If the Churchwardens of a Church sue in the Ecclesiastical Court for a way to the Church which they claim to belong to all the Parishioners by Prescription in such case a Prohibition will be granted for this is a temporal cause P. 16. Jac. B. R. between the Churchwardens of Bythorn Bow Rolls Cases 2. Part. fo 287. 27. If the Churchwardens of C. sue in the Ecclesiastical Court J. S. for that he and all those whose Estate he hath in such an House c. at the perambulation of the Parishioners of the Parish did use to find a refreshing for them to wit Bread and Ale and suffer them to rest there here a Prohibition shall be granted for that they claim it in nature of a Corrody and if that should be suffered a great inconvenience would ensue M. 13. Jac. B. R. The Churchwardens of Vffington's case in Barkshire Hil. 15. Car. ● B. R. The like Prohibition prayed in one Lock 's case which was referred to Justice Jones Rolls Cases 2. Part. fo 287. The like Prohibition granted in one Reynold's Case Mores Rep. fo 28. If the Churchwardens of a Church sue in the Court Christian J. S. supposing by their Libel that he and all those who had an Estate in certain Lands adjoyning to the Churchyard have used time out of mind to repair so much of the Fences of the Churchyard which were next adjoyning to the said Land in this Case a Prohibition will be granted for this ought to be tryed at the common Law in so much as that it doth charge a Temporal Inheritance M. 14. Car. 1. B. R. the Churchwardens of Claydon and Duncombe's Case Rolls Cases 2. Part. fo 287. CHAP. IV. The Churchwardens Office about disposing of Seats in their Church 29. THese Officers 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 pleaseth except in some cases Rolls Cases 2. Part. fo 288. 30. For if a Man and his Ancestors and all those whose Estate he hath in a certain Messuage have used time out of mind c. to repair an Isle of the Church and to sit there and none else the Ordinary in such case cannot displace him for if he do a Prohibition lies because he hath it by a Prescription for a reasonable consideration M. 10. Jac. C. B. Pimme's case per Curiam Rolls Cases 2. Part. fo 288. 31. 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 without mind c. in consideration that he and they c. 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 there hath been a good consideration for the commencement of such Prescription Tr. 12. Jac. C. B. Crosses case M. 13. Jac. C. B. Laugh Hussyes case M. 13. Jac. C. B. Boothby Dayes case Rolls Cases 2. Part. fo 288. 32. But if a man prescribe to have a Seat in the body of the Church generally without consideration to repair the same then the Ordinary in such case may displace him M. 11. Jac. B. R. per Curiam M. 13. Jac. C. B. inter Bootby Bayly Hobart's Rep. fo 69. Rolls Cases 2. Part. fo 288. 33. The Ordinary hath nothing to do with the Seats in the Chappels belonging to the houses of Noblemen Tr. 12. Jac. C. B. Rolls Cases 2. Part. fo 288. 34. But if a Layman by the dissolution of Monasteries hath a Monastery in which there is a Church parcel of it and

any Vestry within any Parish in the Cities of London and Westminister Borough of Southwark and Weekly Bills of Mortality and in all other Cities Boroughs and Towns Corporate where Select Vestries are used in the Kingdom of England are within one month after their Election before the respective Archbishop Bishop or Ordinary Vicar General or Chancellour of the Diocess to make and subscribe as followeth I A. B. do declare that it is not lawful upon any pretence whatsoever to take up Arms against his Majesty And that I do abhor that traiterous Position of taking Arms by his Majesties Authority against his person or against those that are Commissionated by him And that I will conform to the Liturgie of the Church of England as it is now established And I do declare that I hold there lies no obligation on me or on any other person from the Oath commonly called The Solemn League and Covenant to endeavour any change or alteration of Government either in Church or State And that the same was in it self an unlawful Oath and imposed upon the Subjects of this Realm against the known Laws and Liberties of this Kingdom 15. Car. 2. Ch. 5. 8. He that refuses this Subscription within the time aforesaid is ipso facto deprived of such his place of Vestryman and a new one to be chosen and if such new one refuse also or if such person who shall have right of Election shall not proceed to Election within one Month after such vacancy then the respective Archbishop Bishop or Ordinary of the Diocess may under his Hand and Seal elect and nominate a discreet person of the respective Parish who after Subscription within the time aforesaid is to stand 15. Car. 2. Ch. 5. This Act is to continue till the end of the first Session of the next Parliament CHAP. II. The Churchwardens Office about Profanation of the Sabbath and of the Church 9. THese Officers are diligently to see that all the Parishioners duly resort to their Parish Church upon all Sundays and Holydays and there continue the whole time of Divine Service and none to walk or stand idle or talking in the Church Church-Yard or Church-Porch during that time and all such as shall be found slack or negligent in resorting to the Church having no great or urgent cause of absence they shall earnestly call upon them and after due admonition if the amend not they must present their Names to the Ordinary of the place 5. 6. E. 6. Ch. 1. Canon 19. 90. 111. 10. If the Churchwardens find any person absent from the Church upon Sundays or Holydays in the time of Divine Service Preaching or other holy Exercise such person is to pay 12 d. to the use of the Poor and this extends as well to all Women Covert as to other persons or the Churchwardens if they please may present such person in the Ecclesiastical Court But note that none are to be punished twice for one offence so that they must not pay their twelve pence and be presented too 1. El. Ch. 1. Hobbart's Rep. fo 97. 11. And if they find any Tipling in an Inn or Alehouse c. then besides the twelve pence for being absent from the Church as aforesaid they forfeit three shillings four pence more for Tipling and the Master of the House ten shillings for suffering them to Tipple which forfeitures are to go to the use of the Poor 4. Jac. Ch. 5. 12. The Churchwardens or Questmen are to suffer no Plays Feasts Banquets Suppers Church Ales Drinkings Temporal Courts or Leets Lay Juries Musters or any other profane usage to be kept in the Church Chappel or Churchyard neither the Bells to be rung superstitioufly upon Holydays or Eves abrogated by the Book of Common Prayer nor at any other times without good cause to be allowed by their Minister of the place and by themselves Canon 88. 13. Neither the Minister Church-wardens nor any other Officers of the Church shall suffer any man to preach within their Churches or Chappels but such as by fhewing their Licence to preach shall appear unto them to be sufficiently Authorized thereunto And the Churchwardens or Questmen 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 Canon 50. 85. CHAP. III. Some few Cases concerning Actions for and against Churchwardens 14. NOte that the Law doth make of these Officers a kind of a Corporation viz. 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 for the use and profit of the Parish and therefore a man may well in his lifetime or by his last Will give or grant Mony or other moveable Goods to the Churchwardens or Parishioners of such a Parish for the Reparations of the Church or for buying of Books Communion Cups Linnen Cloths or other decent Ornaments or furniture for the Church 12. H. 7. fo 27. Finch's Law Lib. 2. Ch. 17. pag. 178. Kitchin pag. 278. a. 15. But they cannot take an Estate of Lands to them by Name of Churchwardens only for if a Feoffment be made to the use of the Churchwardens of D. this is avoid use for they have no capacity to take such Purchase Finch Lib. 2. Ch. 17. pag. 179. Rolls Cases 1. Part. fo 393. 16. Neither can they prescribe to have Lands to them and their Successors for they are no Corporation to have Lands but for Goods for the Church only P. 37. El. C. B. Longley Meredines Case Rolls Cases 1 Part. fol. 393. 17. If a Man buy a Bell and hang it up in the Steeple or make a Pew and set it up in the Church though he make neither words nor writing hereof yet by this the Bell and Pew are so dedicated to the Church that the party that did owe them can never have them again for if they should come to remove them the Churchwardens might sue them for it 8. H. 7. 12. 10. H. 4. fol. 9. Kitchin pag. 277. a. 18. They can have no action at Common Law to recover any Goods of which they never had the possession But if the Churchwardens be once possessed of any Goods or Ornaments belonging to the Church and afterwards the same things are taken from them then they have the same remedy for the things as other men have for the goods taken from them And therefore if such Goods be stoln they may have an Appeal of Robery and if they be otherwise taken away or abused as if a Bell be broken or the like the Churchwardens may have an Action against him that doth it and in this Action they recover Damages to the use of the Parish and not to their own use Tr. 8. E. 4.

be chosen by the major part of the Justices of the said Counties at their Quarter Sessions of the most able Inhabitants and Freeholders of the said Counties of Middlesex and Surrey for the Corporation or Corporations Work or Work-houses of the said Counties 14. Car. 2. Ch. 12. 8. And upon Vacancy Death or otherwise of any of the Presidents Deputy Presidents Treasurers or Assistants in the City of Westminster and places aforesaid in Middlesex and Surrey the major part of the Justices at their General Quarter Sessions have power to elect others in their rooms and at every Quarter Sessions the said Justices are to take an account in writing of all the Receipts Charges and Disbursements of the Officers and Treasurer of such Corporation or Corporations Work-house or Work-houses how and how many poor people have been imployed and set to work in the year last past and what Stock there was and is remaining 14. Car. 2. Ch. 12. 9. The President Deputy President Treasurers and Assistants aforesaid shall be Bodies Politick and Corporate for ever and shall have a perpetual Succession and may sue plead and be impleaded by the Name of President and Governours of the Poor for the respective places aforesaid in all Courts and places of Judicature within the Kingdom of England and Wales c. and may without Licence in Mortmain Purchase or receive any Lands c. not exceeding the yearly value of 3000 l. per annum of the Gift Alienation or Devise of any person or persons and every of the Corporations may keep Courts for the ends and purposes in the Act expressed at such time and place as shall be appointed by the said President his Deputy or the Treasurer who are upon the desire of any four of the said Corporation at any time to cause a Court to be warned accordingly and may from time to time make Common Seals for the use of the Respective Corporations 14. Car. 2. Ch. 12. 10. The Respective Presidents and Governours of the said Corporations or any two of them or any person authorized and appointed by them of any two of them may from time to time apprehend or cause to be apprehended any Rogues Vagrants Sturdy Beggars or idle and disorderly persons within the said Cities and Liberties Places Divisions and Precincts and cause them to be kept and set to work in the several and respective Corporations or Work-houses 14. Car. 2. Ch. 12. 11. If the President and Governours of any of the said Corporations shall certifie under their Seals at any time their want of mony for a Stock and what Sum they think fit for the same to the Common Counsel of the City of London and the Burgesses and Justices of Peace in their Quarter Sessions for Westminster or to the Justices of the respective Counties for Middlesex and Surrey in their Quarter Sessions then they are from time to time to set down and ascertain such competent sums of mony for the purposes aforesaid not exceeding one years Rate usually set upon any person for and towards the Relief of the Poor and the same to proportion out of the several Wards Precincts Counties Divisions Hundreds and Parishes as they shall think fit and according to the said Proportions for the said several Wards Precincts and Parishes to Tax and Rate the several Inhabitants within the said respective Wards Precincts and Parishes in which Tax if any shall find himself agrieved he or they are to appeal to the Justices of the Peace at their next open Sessions where the business is to be finally ended 14. Car. 2. Ch. 12. 12. And any Alderman of London or his Deputy Burgesses and Justices of Peace of the Counties of Middlesex and Surrey by Warrant under their Hands and Seals may Authorize the Church-wardens or Overseers of the Poor within the places and Parishes aforesaid to receive and demand of every person and persons such sums of mony as shall be assessed upon them by vertue of the Taxations and Constitutions aforesaid and for default of payment within ten days after demand or notice left at the dwelling house or lodging of every person assessed then to levy the same by Distress and Sale of his Goods rendring him the overplus 14. Car. 2. Ch. 12. 13. The Respective President and Governours or seaven of them may make and constitute Orders and By-laws for the better relieving regulating and setting the Poor to work apprehending and punishing of Rogues and Vagabonds within the Cities Liberties and places aforesaid provided the said By-Laws be presented to the Justices of Peace at their Quarter Sessions and confirmed by the order of the said Court And the Presidents and Governours or four of them of any of the said Corporations or Work-houses may choose and entertain all such Officers as shall be needful to be imployed in and about the premisses and remove them as they see cause and make such reasonable allowances unto them out of the Stock belonging to the Work-house as they shall think fit 14. Car. 2. Ch. 12. 14. This Act is not to prejudice any the Franchises Rights Liberties or Priviledges heretofore granted by any Kings or Queens of this Realm to the Dean and Chapter of the Collegiate Church of St. Peter's in Westminster 14. Car. 2. Ch. 12. FINIS A GUIDE FOR Bayliffs of Mannours 1. THe Bayliff of a Mannour is an Officer chosen by the Lord of the Mannour ' and this Officer by the ancient Saxons was called a Reeve for the name Bayliff was not known among them but came in with the Normans it seems Termes de Ley verb. Bayliff 2. This Officer is to Summon and call the Lords Courts and to collect his Rents Fines Harriots Amerciaments and other profits hapning within the Mannour as they grow due and he may seiz or distrain for them ex Officio where seizure and distress is justifiable without any special command of the Lord he may also pay Quit-Rents Termes de Ley ubi supra 3. It is said he may also order his Lords Husbandry distrain Beasts damage Feasant repair any Houses Hays or Pales and for that purpose cut down Timber or Trees but it is not safe for him to build a new House or set up an old House that is faln or to make any new Additions or Alterations as to Tyle the House which before was Thatched or pale it where before it was hedged or the like without a special command from his Lord so to do for otherwise he will be a Trespasser to the Lord. 4. It is said also that he may take any Cattel for his Lord to compast his ground as an Agistment and cut down Underwoods that have been used to be cut and he is to over-see and order the Labour of other Labourers and Servants under him about his Lords work 5. And lastly These Officers are to give Account to their Lords of all their Receipts and Disbursements and pay in to him the mony remaining in their hands being required thereunto and