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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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therefore manie be the deuises to stoppe so good a course Some altogither being like to the Aspis who stoppeth both hir eares against the voice of the enchanter alleging that there is too much preaching And of their opinion am I that preaching is to much but to no other than too the lost sheepe of Israel and to the children of condemnation for as S. Paul saith If our Gospell be hid Iis qui pereunt est absconditum it is hid to them that are lost The bread of the Angels was vnsauerie but to those onelie who were to perish whiles the flesh which they lusted was in their teeth Some doo like verie well to haue the catechizing so that they might be no contributors and so would shift it ouer vnto the church men as though it were their onelie duetie to doo it and these shew themselues to be the children of the corrupted Adam who being reprooued for his transgression chargeth his wife with it and she shuffleth it ouer to the diuell and so in this euery man so thrusteth it one from another that nothing is doone And what wilbe the end thereof it is easilie to be knowen if men would either beleeue the booke of God or consider call to remembrance what hath befallen in the like in times past The Poets among their manie goddes haue deuised imagined that one of them hath two faces the one before looking foreward the other behind looking backwards this god they call Ianus of whom the moneth of Ianuarie taketh his name and the first daie of the same is called Newyeeres day By this is means moralized a man of great wisedome knowledge and experience and who looking to the times past and obseruing the euents thereof doth forecast the sequele of the like to come If you then as euerie wise Magistrate ought to do would as a Ianus looke backe into the old world and read the bookes and histories of that age shall find that Noah the preacher of righteousnes did teach and persuade the people to repentance almost one hundreth yeeres togither but bicause they were werie of his preaching would no more thereof God sendeth the great deluge and drowned the whole world Sodoma would not listen to the counsell of Loth wherefore God with fire and brimstone from heauen consumed them to ashes The foolish Israelites not contented with such incenses and manner of religion as God by Moses had ordeined would needs haue another of their own deuise in offering the same the earth opened and swallowed them vp all aliue The same people were fed with Manna the foode of Angels which God from heauen prouided for them and they waxed werie thereof and would needes haue chaunge of meates as we of religion but the meate was no sooner in their mouthes than was Gods vengeance vpon them and stroke them with a great plague The foolish Israelite neglecting the obseruing of the Lords Sabboth would needes folow his worldlie causes and gather wood had his reward and was stoned to death The whole nation of the Iewes were called by the Lord Iesus to the doctrine of the Gospell but they would not vnderstand nor accept the time of their visitation wherefore they felt the heauie hand of God and were vtterlie consumed with famine pestilence and the sword and the citie temple wherof they made a great aduante was not one stone thereof left vpon an other The cities of Capernaum which reached vp euen vnto the heauens Ephesus Corinth Antiochia and sundrie others among whom the Apostles had planted the Gospell when they lothed it and waxed wearie thereof the Lord lothed and waxed wearie of them and all they some by earthquakes some by fire and manie by the enimies were vtterlie wasted and consumed And as he hath thus doone with cities townes and countries so hath he shewed the like power vpon mightie Princes and Monarches which haue not harkened vnto his voice nor obeied his commandements Nabuchadnezer Pharo Herod Nero Caligula Domitianus Traianus Hadrianus and a number of other Atheistes who denied the Lord God his Christ and his Gospell he tormented them with such plagues torments and troubles that of their miserable liues they made most miserable ends If then the Lord God hath thus dealed with all the nations of the world and with his owne peculiar people if he haue not spared the children of his owne familie nor fauoured the vineyard of his owne planting nor yet regarded his owne countrie nor accompted of his owne citie what shall it be thought he will doo with this ingratefull citie of Excester which haue tasted of infinite his blessings and haue a long time beene fedde with his heauenlie Manna and yet haue and doo dailie contemne his lawes cast awaie his commandements and be wearie of his doctrine what is it that we can iustlie claime or chalenge for ourselues why the Lord should not shorten his hand and be no longer fauorable vnto vs Is it our antiquitie Be it that this citie is verie ancient and was builded at the first comming of Brutus into this land about two thousand fiue hundred yeeres past before or when London was yet the cities of Enoch Nineue Babylon Corinth Athens Troia and Carthage were long before it Is it for religion I grant that the Gospell is truelie preached and the Sacraments sincerely ministred And so was it at Hierusalem Antiochia Corinth Ephesus and manie other places Is it bicause it is pleasantly seated and standeth vpon the top of a hill in the open prospect of the world neere the seas So was Hierusalem Capernaum Tyrus and sundrie other cities Is it bicause it is rich and inhabited with rich marchants and occupiers So was Tyrus and Sydon and others Is it for the fertilitie of the soile and the abundance of all things wherewith God hath blessed it So was the whole land of Palestina who for the great blessings of God in nature was said to be a land to flow with milke and honie And yet all these peoples nations and countries lothing his word for their vnthankfulnes and not seruing God in true religion were vtterlie destroied by the mightie hand of God and now remaineth scarse anie signe or memoriall of them And shall this citie of Excester which is but a sower grape a wild Oliue is of his good mercie ingrafted in the place of the naturall branch and yet hath doone the like or woorse transgressions shall shee I saie be free from the like punishments No no although God in mercie haue long oftentimes borne and winked at the sinnes of this citie yet he will not so doo foreuer It is an old saieng Go the pot neuer so often to the water yet at length it commeth home broken Sundrie and manie times like vnto the citie of Hierusalem hath it beene in great perils by the Brytons Romanes Saxons and Danes and manie times hard assailed with intestine warres and the Lord hath alwaies from time to
heresie or doo not resort to his church at or vpon the sabaoth daies he is to punish him or to take order with him according to the lawes Also he is vpon sundaies and holie daies to send abroad his officers to sée if anie be sitting vpon the stalles walking the streates or sitting in tauernes or vsing anie gaming at the time of preaching and praiers and to compell them either to go to the church or commit them to ward or to take further order with them as shall be thought good Also he must vpon the first fridaie after he hath taken his oth cause to be proclamed his generall proclamation for and concerning the gouernment of the citie Also when anie proclamation is to be made for hir Maiestie or otherwise it is to be doone in decent maner namelie in the open market and assemblie of the people the sword-bearer with the sword and the sargeants with their maces standing before him his brethren Also he is with the bailiffes vpon euerie mondaie through the whole yeare to kéepe the Quéenes court in the open Guildhall and then and there vprightlie to minister iustice and to giue true iudgements in all matters depending before them and to sée true records to be kept Also he is to sée the peace and common tranquillitie to be kept and obserued and the offenders punished Also he and his officers is to attend wéekelie the markets for all maner corne and victuals that the same be wholesome and good and at reasonable prices Also that no victuals nor wares be forestalled ingrossed or regrated contrarie to the lawes Also that he doo from time to time as occasion shall serue take the view and search of all maner of measures weights and vessels whether they be according to the statute and being defectiue to reforme the same Also vpon euerie mondaie to giue to the bakers the assise of bread and wéekelie to examine and weigh their bread whether the same be according to the assise giuen or not Also that he giue to the brewers the assise of their drinke and to set reasonable prices for and vpon the same Also he shall command his stewards constables and other his officers to make search euerie moneth once in all euerie suspect place for plaiers at games vnlawfull kéepers of ill rule night-watchers vagarant naughtie and suspect persons and such strangers as who cannot giue account for their honest life and them to commit to ward to be kept or be punished according to their offense and by order of the lawes Also he shall take bonds and sufficient suerties of euerie innekéeper tipler and for kéeping of good rule in their houses Also he is yearelie to kéepe lawe courts and cause inquisition to be taken of all things concerning the state of the citie and liberties of the same Also he is to sée the nightwatches in the times appointed to be kept Also he shall yearelie make his perambulations round about the citie and about the limits bounds of the same and shall also cause the like perambulations to be made euerie rogation wéeke about the limits and bounds of the countie Also he shall twise in the yeare at Michelmas and Easter visit the almeshouses of the cities and examine whether the same be ordered as it apperteineth Also he shall yearelie call to account all the collectors for the poore in euerie parish and to sée that the poore be prouided for according to the statute Also the Maior being the eschetor of the citie and warden in socage is from time to time to cause at euerie mondais court presentment to be made of the death of euerie citizen and inhabitant what heires and orphanes he left behind him and that there vpon he doo take order for the preseruation of the orphanes and of all such goods and rents as doo growe vnto them as also not to admit anie person to the fréedome of the citie but that he be sworne vnto the order of the orphanes Also he is at all time and times conuenient to call and assemble the common counsell of the xxiiij vnto the counsell chamber when matter and occasion shall require and then and there to determine what by their deuise and counsell is to be determined Also he is then and there to sée and command euerie one of the said xxiiij and all other persons comming there to behaue and vse themselues modestlie soberlie and in all good maner according to the orders of the said house and whoso shall offend therein to be punished accordinglie Also he is to appoint six of the forsaid xxiiij to be auditours as well of the account of the generall receiuer as of all other accounts for and concerning anie of the cities rents receipts or reuenewes Also he may not be absent from out of the citie anie night except it be for some necessarie and vrgent cause and in his absence he is to appoint his lieutenant in writing vnder his hand seale Diuers other things doo belong to his office which more at large are to be séene in the great lieger booke The office of the Stewards THe Stewards are verie ancient officers of this citie and were in the time of the Saxons named in Latine Praepositi in the Saxon tong Portegreues that is to saie The wise graue gouernours of the citie or towne after the conquest they were named Praefecti which in the Normand French toong are called Prouorstes the name of the person is worne out but the court of their iurisdiction reteineth his former name being called the prouorst court after this in respect of the courts kept before them they were called Senescalli that is to saie stewards and not long after bicause they or some one of them was put in trust for collecting of the cities reuenewes they were called Balliui bailiffes These two latter names are still reteined and indifferently vsed at these presents Their offices consist in manie points whereof some in particular as followeth FIrst they al or two at the least of them are to be attendant present and sitting as well with the Maior vpon euerie mondaie in the court of the Guildhall as also in their own court called the Prouorst court which they may adiourne and kéepe from daie to daie at their owne will and pleasure Also they are to sée true records to be kept true iustice to be ministred and true iudgements to be giuen in all causes depending in either of the courts before them Also they are to attend the Maior at his going to the sermons at S. Peters vpon the sondaies at the forenoone and at his going and returning at the Guildhall court vpon euerie mondaie and at the markets and proclamations and vpon euerie saturdaie at the shambles and at all other times whensoeuer they shall be called and required Also forasmuch as they are clarkes of the market they are to execute and doo what dooth apperteine to the clarke of the market that is to saie That corne and
victualles brought to the market be good and wholesome and sold at prices reasonable That no victualles or wares brought to the citie or in market be forestalled ingrossed nor regrated That all vessels weights and measures be veiwed and searched and being found defectiue to be redressed according to the lawes That bakers doo kéepe their assise and brewers doo sell according to the price appointed vnto them With manie other articles belonging to the clarke of the market Also that they doo monethlie and as often as néed shall require make search throughout the citie for all lewd idle vagarant persons for all plaiers at vnlawfull games for nightwatchers and suspected persons and for all manner of misdemeanors whatsoeuer Also that they doo sée the peace and tranquillitie to be kept and that euerie inhabitant haue in readines some sufficient weapon in his house for kéeping of the same restraining of the distoiall and vnrulie persons Also that they doo sée and cause all annoiances which they know of themselnes or which be presented of others to be remooued and amended Also that at all times when night watches be appointed they or some one of them be at the Guildhall and to giue the charge to the watchmen Also that they nor anie of them be absent anie one night out of the citie without licence of the Maior and that at all times two at the least be still continuing within the citie The residue of their charge is conteined in the blacke lieger The office of the Receiuer THe Receiuer is alwaies one of the foure bailiffes and hath the like and the same charge as euerie of them hath but the office of the Receiuer is particular to himselfe and none is chosen therevnto except he be one of the number of the common counsell or xiiij And concerning this office these are the things which are speciallie required of him FIrst that he doo collect gather all such summe or summes of money rents reuenewes issues and profits belonging to the citie as well ordinarie as extraordinarie and incident vnto his office and charge Also he is to disburse desraie and paie all such summe and summes of monie ordinarie and extraordinarie for charges expenses fées rents annuities whatsoeuer due and paiable by the chamber of the citie so that in extraordinarie charges he haue a sufficient warrant for the same Also he is to haue a speciall care to the edifices howsings buildings walles water conduicts and all other works of the citie and to sée the same to be builded repaired and sustained in all things néedfull and necessarie sauing that in anie new worke he shall not bestowe therein aboue fortie shillings without the consent of the Maior and the xxiiij Also he shall attend or cause to be attended all the labourers and workemen in all the cities works and so sée them to be wéekelie paid and satisfied of their wages and thereof to kéepe a true booke of accompt Also he shall receiue into his custodie by in nentorie all the powder shot ordinances armour and artillerie and all other things belonging to the citie and safelie and in good order to kéepe the same and at the yeares end to deliuer the same vp or a iust accompt thereof Also he shall kéepe the keies of the counsell chamber and kéepe in safetie the records immunities euidences and all other things there kept and to be kept without disclosing of anie secrets thereof Also he shall after the end of his yeare and office yéeld and deliuer and make a true and perfect accompt before the auditors appointed of all his receits and paiments and that the same be fullie concluded and determined before the election of a new Maior and officers And what he shall be found to owe vpon his account the same to be foorthwith paid Also he shall attend the common counsell at all time and times whensoeuer they shall assemble and méete for and about anie of the cities affaires and not to be absent without some speciall cause The office of the Recorder THe Recorder is an officer of the best credit and in cheefest place next to the Maior and chosen there vnto for his wisedome knowledge and learning that thereby the gouernement of the citie in ech degree and estate should well and orderlie be directed His name is deriued out of the Latine toong Recordator which signifieth a rememberer or aduiser that is to put euerie man in remembrance of his dutie both according to the course and order of the lawes and according to the orders and customes of the citie and to see all things in gouernment to be directed accordinglie And bicause the vse of his seruice was continuallie necessarie therefore in times past he was euer resident and dwelling within the citie or verie neere to it whereby accesse at all times presentlie was had vnto him for his aduise and counsell in all matters of weight His office consisteth cheefelie in these points following FIrst he is to aide attend and assist the Maior and bailiffes in all their courts and to direct the same according to the course and order of the lawes and that iustice be vprightlie ministred Also he is to sée that the records of the court be made and entred truelie and that they be safelie kept and preserued Also he is at the end of euerie yeare to sée the records of the yeare past and all rolles of accounts to be brought into the counsell chamber of the citie and there to be laid vp in the treasurie and place appointed safelie to be conserued Also he is to attend the Maior and common counsell from time to time and at all times whensoeuer he shall be called as also to be at the yearelie elections of the Maior and officers Also he is to attend and be at euerie quarter sessions and gaole deliuerie if he haue not some vrgent and necessarie let and that then he is to appoint some other wise and graue man in his stead Also he is to defend and mainteine the orphanes and the liberties franchisies and priuileges of the citie Sundrie other articles be incident to his charge which more at large are conteined and set downe in the blacke booke or leiger The office of the xxiiij of the common counsell and of euerie of them THe common counsell of the citie named the xxiiij is a selected and a chosen companie of the most wise and grauest citizens of the citie and who haue beene tried and borne the office of one of the baliffes of the same They were sometimes xxxvj in number and of which the Maior then was none but sithens the kings of this realme haue reduced them to the number of xxiiij and there of the Maior is alwaies one They haue no authoritie nor iurisdiction in anie matters iudiciall be it ciuill or criminall other than to aduise aide and assist the Maior and bailiffes but they are to mainteine deuise order and establish all good acts orders and ordinances as
such as be licenced and be not brought to the cage or other prison Also whether euerie officer do attend his office and do his dutie and whether any do vse any extortion briberie or anie inordinate meanes by waie of corruption The office of the Chamberlaine THe Chamberlaine is an officer of a late erection and was made and ordered by act of Parleament His office chiefly and especiallie concerneth the orphanes and then consequentlie in all things concerning the gouernement and the state of the common wealth and therefore it is verie requisite that he be wise learned and well acquainted in all the orders ordinances customes and the whole estate of the common wealth The chiefest points incident and apperteining to his office in particularitie are as followeth FIrst he is to attend the Maior and common counsell at all times being lawfullie summoned and according to his knowledge to aduise instruct and informe them in all things concerning the gouernement vsages customes liberties and priuiledges of the Citie Also he if he be therevnto required in the absence of the towne-clearke shall sit downe and write all such actes orders and determinations as by the Maior and common counsell shall be concluded and agreed vpon Also he shall not discouer nor open the secrets and counsels of the Maior and common counsell to the hurt of them or of the common wealth Also he shall sée that all the records charters miniments euidences and other writings of the chamber shall be safely kept in the treasurie of the counsell chamber and shall not deliuer carrie out nor shew them or anie of them out of that place to any person or persons without the consent of the Maior or some necessarie vrgent cause Also he shall be present and attendant at all and euerie the Cities audits and all the accompts to be heard and passed before the auditors he shall sée and cause to be put vp in the treasurie of the counsell chamber Also he shall from time to time suruey and take the view of all the cities manors lordships woods lands and housings and to sée that no part thereof be impaired imbecilled or lost and the same or anie part being ruinous or in decaie to be in time conuenient repaired and amended Also he shall aide helpe and instruct the receiuer and all other officers in all things to their office apperteining as well for anie thing concerning the cities works as for the ouerséeing of the workemen and prouiding all things necessarie for the same Also he shall haue a speciall care to the defending and preseruation of the common wealth and of all the priuiledges of the same and especiallie of the orders of the orphanes according to the charter orders and ordinances of the same The office of the Towneclarke THe Towneclarke was an officer euen as old as the oldest and in times past he was yearely chosen as other officers and most commonlie he was one of the stewardes or bailiffes of which number one was alwaies learned and of good experience and knowledge in the lawes vsages customes and orders of the citie but in the ende for sundrie reasons and considerations this office was altogether cast vpon one man who beeing once chosen did continue therein so long and vntill he died or for some reasonable cause was remooued The office is of great credite and importance for he is not onlie to write and trulie to set downe both in records and in bookes what is done by the Maior and bailiffes in their courts and by their offices and by the common counsell in their assemblies but also to informe and instruct them what is to be done and what euerie of them ought to do and therefore his seruice is so requisite and necessarie that he can at no time be absent or elong himselfe from out of the citie without specall licence The chiefest points of his office are these FIrst he must be honest wise and learned and well acquainted in the knowledge of the charters records customes liberties and orders of the citie which he shall defend Also he must attend the Maior and bailiffes at and in all their courts and at and in doing their offices at all time and times and is to instruct and informe them how they are to proceed in the execution thereof Also he may not lie out or be absent out of the citie anie one night without speciall leaue and licence Also he is to make true entries to kéepe true records of all the whole processe of the Maior and bailiffes courtes and the same to engrosse wéekelie in parchment and at the yeares end to deliuer them into the treasurie Also he is to attend the Maior and common counsell and to giue them his best aduise in all their dooings and whatsoeuer by them or the more part of them shall be determined shall register and write in their booke of actes these nor anie other the secrets of the citie shall he not disclose to the hurt or preiudice of them or of the citie Also he shall aide and assist instruct and informe all and euerie officer and officers for the true doing of their offices and duties Also he shall attend to kéepe the audites of the citie and all the accompts he shall ingrosse in parchment Also he must maintaine and defend all the liberties and priuiledges of the citie and the right of the orphanes to his vttermost Also he is to attend the markets and the waying of bread furing of weights and measures making of proclamations and finally whatsoeuer else apperteineth to be done for and concerning the gouernement of the citie Many other things are required to be done by him and which are incident to his charge and which are more at large set downe in the blacke booke The office of the Sergeants THe Sergeants are verie auncient officers and had their beginning when the magistrate had First they were called Subballiui bicause vnder the head bailiffs they were wont to collect and gather the issues of the citie and to execute their precepts and commaundements after this they were called Ministricuriae bicause their greatest seruice then was to attend the court and to execute seruices therevnto apperteining And lastly they were and are yet called Seruientes ad clauam And according to the speciall point of their seruice they take their seuerall names Sergeants at the mace for that is chiefely required of them to summon attach and arrest all such persons as against whome anie action or suite is commenced in anie of the courts within this citie and by their mace which is their warrant they are knowne to be the ministers to that end They are also the generall seruitures in all or the most part of all the affaires in the common weale and in whose seruices resteth the performance and execution of all things to be done wherein if they should be corrupted slouthfull carelesse and negligent then should all the trauels of the magistrates the gouernement of the common