persons to their discouragement in the execution or doing their offices it is enacted by the said 7 Jac. cap. 5. that if any Action Bill or Suite account on the case Trespass Battery or false Imprisonment shall be brought after fourty days next after the end of that Session of Parliament in any of his Majesties Courts at Westminster or elsewhere against any Justice of Peace Mayor Bayliff of any City or Town Corporate Head-burrow Constable Tything-man Collector of Subsidy or Fifteens for or concerning any matter or cause by them or any of them done by vertue of their or any of their office or offices that it shall be lawful to or for any such Justice of Peace Mayor Bayliff Constable or other Officer or Officers before named and all others that in in their aid and assistance or by their commandment shall do any thing touching or concerning his or their Office or Offices to plead the general issue that he or they are not guilty and to give such special matter in evidence to the Jury that shall try the same which special matter being pleaded had been a good and sufficient matter in Law to have discharged the said defendant or defendants of the trespass or the other matter laid to his or their charge and that if the verdit shall pass with the said defendant or defendants in any such actions or the Plaintiff or Plaintiffs become Nonsuite or suffer any discontinuance thereof that in every such case the Justice or Justices or other Judges before whom the said matter shall be tryed shall by force and vertue of this Act allow unto the defendant or defendants his or their double costs which he or they shall have sustained by reason of their wrongful vexation in defence of the said Action or Suite for which the defendant or defendants shall have like remedy as in other cases where costs by the Laws of this Realm are given to the defendants And this Act is to continue for seven years and from thence to the end of the next Parliament after the said Parliament The other Statute being 21 Jac. cap. 12. declares the afore recited Statute of 7 Jac. cap. 5. to be perpetual And that all Church-wardens and all persons called Swornmen executing the office of Church-wardens and all overseers of the Poor and all others which in their aide and assistance or by their commandment shall do any thing touching his or their Office or Offices shall hereafter be enabled to receive and have such benefit and help by vertue of the said Act to all intents and constructions and purposes as if they had been specially named therein And whereas notwithstanding by the said Statute the Plaintiff is at liberty to lay his account which he shall bring against any Justice of Peace or other Officer in any forrain County at his choice which hath proved very inconvenient unto sundry of the Officers and persons aforesaid that have been impleaded by some contentions troublesome persons in Counties far remote from their places of habitations It is enacted by this Statute that if any Action Bill Plaint or Suit upon the case Trespass Battery or false Imprisonment shal be brought after the end of this Session of Parliament against any Justice of Peace Mayor or Bayliff of City or Town Corporate Head-borrow Constable Tythingman Collector of Subsides or Fifteens Church-wardens and persons called Swornmen executing the Office of Church-wardens or Overseers of the Poor and their Deputies or any of them or any other which in their aid and assistance or by their commandment shall do any thing touching or concerning his or their Office or Offices for or concerning any matter cause or thing by them or any of them done by vertue or reason of their or any of their Office or Offices That the said Account Bill Plant or Suit shall be laid within the County where the Trespass or Fact shall be done and committed and not elsewhere And that it shall be lawful to and for all and every person and persons aforesaid to plead there unto the general issue that he or they are not guilty and to give in such special matter in evidence to the Jury which shall try the same as in and by the said former Act is limited and declared And that if upon the tryal of any such Action Bill Plant or suit the Plantiff or Plantiffs therein shall not prove to the Jury which shall try the same that the Trespass Battery Imprisonment or other fact or cause of his her or their such accounts Bill Plant or Suit was or were had made committed or done within the County where such account bill plant or suit shall be laid That then in every such case the Jury which shall try the same shall find the defendant and defendants in every such Account Bill Plant or Suit not guilty without having any regard or respect to any evidence given by the Plaintiff or Plantiffs therein touching the Trespass Battery Imprisonment or other cause for which the same Account Bill Plant or Suit is or shall be brought And if the verdict shall pass with the defendant or defendants in any such Account Bill or Plaint or Suit or the Plantiff or Plantiffs therein become Non-suit or suffer any discontinuance thereof that in every such case the defendant or defendants shall have such double costs and all other advantages and remedies as in and by the said former Act is limited directed and provided
inhabitants Which if observed would be a great furtherance to the course of Justice throughout his Majesties dominions but it is the common course to put the Office upon the poorest and weaker sort but they are mistaken for all are compellable to serve this Office that shall be constrained to come to the Leet except Sheriff Lawyers and Attournies which are to attend in their several places and vocations and if they should the Law allowes them Writs to discharge them Where one is under 21 years he shall not be compelled to serve nor an old man above 70. years but may sue out his Writ Denon ponend in assisses Jurat vide ff 2 Herb. Nat. br And where a man hath Land in one Hundred and lives in another and is chosen to serve in the place where the Land lyes if he hath no house where his land lyes he shall not serve for they are bound to serve in respect of their resiancy and not in respect of their Land but if he have house in either and lives sometimes at one and sometimes at the other he may be made one at either Leet If there be a man chossen either by Steward of the Leet or by presentment there that is unfit or by one Justice of Peace out of the Sessons the Justices at the Sessions may remove him by their order and a fit person shall be there elected and sworn but if he that is sworn at the Leet be a fit person he cannot be removed by the Justices but by the Lord chief Justice of the Judges of that Circuit by the opinion of all the Justices neither can custome or prescription exempt any man that is so chosen at the Leet And if any man be fit and duly chosen in the Leet he shall be there fined if chosen by one Justice out of Sessions and he refuse to be sworn he may be fined and indicted at the Sessions A Constable may make a Deputy for else how should the place be supplyed in case of sickness or other misfortune but if there be negligence or misdemeanor committed by the Deputy the Constable shall be respondent and answerable for them Yet if the Deputy be a fit person and sworn into the place the Deputy shall answer for himself yet it hath been delivered for Law by the Judges that this is rather a Tolleration then Law High Constables of Hundreds are conservators of the Peace in their Liberties and Precincts by the common Law of England 3 Edw. 4.9 Crompt b. 122.11 Hen. 7. fol. 18. Therefore the High Constables for any affray made at the petty Sessions may imprison the Offendors Cook 11.43 44. In the Limits of their several Towns are conservators of the Peace all petty Constables Virtute Officii Bro. Peace fol. 127. Tit Affray and forcible entry but they cannot take surety of the Peace at the request of any man yet they may ex officio cause such as are in their presence and are about to break the Peace to find sureties for the Peace as well before the affray as after 12 Hen. 7.18 Crom. b. 222. Any man that shall make an affray in the presence of the Constable or Borsholder threaten to kill or beat another or ready in an affray to break the Peace the Constable or Borsholder shall commit them to the stocks or to safe custody and after carry them before a Justice and refusing to give surety may commit them to the Goal 3 Hen. 4.9 10. A Constable cannot take a Recognizance because he is no Officer of Record if an obligation the question is how it shall be certified an into what Court and that if should be inconvenient for to give Constables such authority was the resolution of the Lord Anderson yet there were other justices of opinion that though they could not take bayl nor Recognizance yet they might take surety by obligation for the Peace was preserved by constables long before Justices of Peace but the ancient way of the keeping of the Peace was by Writ out of the Kings Bench or Chancery Where a Constable had found any brake the Peace by the antient common Law it was thus all such Offendors the Constable might imprison in the stocks or at his own house according to the quality of the person until they had been bound by obligation with sureties to the King for the keeping of the Peace which obligation was to be sealed and delivered to the Constable to the Kings use and the Constable was to send it into the Exchequer or Chancery from whence process should be awarded to Levy the Debt if the Peace were broken Vide Finch Ch. 127. Any Constable petty Constables Sheriff Coroner or Justice of Peace may by the ancient common Law arrest or imprison all persons whatsoever that shall be violators of the Peace in any of their presences by virtue of their Offices within their Jurisdictions or Limits but they are to meddle only with affrays assaults or batteries or threatnings to break the Peace and if they be negligent in their Offices may be indicted and fined for the same And if they have committed or bound over any or breach of the Peace they must attend the Goal delivery or Sessions of the Peace to declare offences for which they were bound over or committed The Offices of Sheriffs Coroners Stewards or the Sheriffs Torns of the Leet and of the Court of Pypowders and all Justices of higher courts were long before the conquest Vide Cook 49. pars in Praefacio In Lamb. 16.17 you may read of many others who were by common Law that had the custody of the Peace and were nominated Custodes pacis some were by election other by tenure others were by the Kings Writ and had their duration for terme of their lives or quamdiu se bene gesserint bt they are all antiquated and obsolete A Constable may Arrest any that shall make any affray if he flyes into a House and shuts the doors he may Justifie his breaking open the doors if he flyes from thence in fresh suit he may persue him though in an other County and where two be a fighting though no hurt done he may apprehend them and make them find sueties for the Peace and if any be mortally wounded he may carry him to the Goal for he is not Baylable for the fact is felony in case the Party dies within a Year and a day If any shall assault a Constable doing his Office he may upon se defend Justifie the killing of him if he cannot otherwise avoid it If a man be taken in or near the high way Robbing and be brought to a Constable he must forthwith bring him before a Justice of Peace to be examined and if he finds cause have him to the Goal If any do suspect any of murder or felony he ought to bring him to the Constable that he may have him before a Justice with him that suspects him that upon examination if it be found that there
Kilderkins Firkins and other Vessels to be made there to have the advantage as the Wardens of Coopers in the City of London hath The 27 Eliz. cap. 14. Making Malt. doth enable the Constables of all Boroughs or Market Towns to view search and servey all such Malt to be made of sold and if any made at any time except in June July and August but it shall have at the least three weeks in the sat floor steeping and sufficient drying thereof in the months aforesaid seventeen dayes at the least and if any sold that is good mingled with bad or made of Mow-burnt Barley or spired or not sufficiently well trodden rubbed or fanned where half a peck of dust or more may be fanned out of one Quarter then may the Constable with the advice of one Justice of Peace of the same County cause the Malt to be sold to such persons at reasonable prices under the common price of the Market as to his discretion shall seem meet The 13 Eliz. 2. and 3. County stock puts the power in the Constable and Church-wardens of each Parish if the Parishioners disagree to Rate and allot within their parish their Assesment for the Shire-stock wherewith the Parish was charged at the quarter Sessions and may levy the same upon any of the Parishoners by distress and sale of his goods restoring the overplus to him By the 21 Jac. 7. Tippling all Constables and Church-wardens shall in their Oaths be charged to present the offences against the statute 1 Jac. 9. Of all Inn-keepers and Alehouse-keepers that suffers any to continue Tippling in their houses except labouring men in dinner time or lodger there during their work or upon sufficient grounds to be allowed by two Justices forfeits ten shillings to the poor of the Parish or that shall vend or sell less then a full quart of the best Ale or Beer for a penny forfeits twenty shillings to the said use the offences viewed by the Mayor Bayliff or Justice in their several limits or proved by the Oath of two witnesses and according to the 21 Jac. 7. one witness or his own Oath is sufficient to convict any penalty is to be levied by the Constables or Church-wardens of the Parish where the offences are done in default of payment within six dayes the distresse to be apprized and sold and the overplus restored to the party upon pain of fourty shillings to the use of the poor if the duty be neglected The 1 Jac. 29. speaks that all Justices of Peace Victualing houses Mayors Bayliffs Head-officers and Constables in Lent-time may enter into all houses for Victualing and where any flesh shall be suspected to be dressed and finding any dressed in Lent-time or on Fish-days except provided for Ships or killed three days before Easter may seize the same as forfeited and give it to the poor In the 3 Jac. 4. Presentment of Recusants the Statute enables Constables and Church-wardens to be present once every year at the Quarter Sessions to present the monthly absence of Recusants from Church and their Childrens Names nine years old and upwards living with their Parents with their Servants and in default thereof forfeits twenty shillings and if any of them be indicted and convicted not before convicted shall have fourty shillings of the Recusants goods The 3 Jac. 12. instructs the Constables Church-wardens of all Market-Towns Parishes and Liberties where any offence is committed about the erecting new Wears along the Sea-shore or in any Harbour Haven or Creek for the destruction of any Spawn or Sea-fish in any Wear or other Engine within five miles of the mouth of any Haven or with fishing with any Haynet or Drag-net under three inches meash may levy the forfeiture by distress or sale of the offendors goods returning the overplus The 7 Jac. 3. enjoynes the Parson or Vicar of all Towns and Parishes Appretices not incorporate with the Constables and Church-warens Collectors with the Overseers for the poor concerning money given for binding Apprentices of the poors Children within their Parishes and they have the placing of them and to give such monies with them as they shall think fit according to the will of the donor and if they make default then every one so offending forfeits three pound and the Master Mistriss or Dame of such Apprentices shall bne bound with one or two sufficient sureties in double the summe they have received with the Apprentices to the Parson Vicar c. to repay the mony so received at 7. years end or within three months next after And if the Apprentice Master or Mistriss happen to die within the term then within one year next after such death the Parson Vicar or Constable shall put forth such moneys within three months after their receipt and if there be not fit persons to be bound in the Townes and Parishes then in the next Parishes adjoyning the poorest Children may be placed by the discretion of the Parson c. And that no Apprentice be above fifteen years of age to be bound and the Parson Vicar Constable c. shall every year in Easter-week or within a month give up his account before four three or two Justices of the Peace inhabiting in or next to the said Towns and Parishes for all such moneys as they have imployed in binding of Apprentices and of all Bonds and Obligations for the payments thereof and the moneys remaining in their hands they are at such accounts or ten dayes after to deliver it to their Successors or such as are in their places with the bonds and moneys as they have in their hands not imployed The 21 Jac. 29. Cursing and swearing doth enable all Officers whether Justices of Peace Mayors Bayliffs Constables c. where any shall swear or curse in the hearing of any of the aforesad Officers or shall by two witnesses or their own confession before any officer where the offence is committed be convinced by this Act to minister an Oath the offendor for every offence shall pay one shilling to the use of the poor of the said parish and it is warranted by this Statute that the Constables Church-wardens and Overseers may levy such sums of mony as shall be forfeited by distress or sale of the offendors goods rendring the overplus and if he have no goods and be above the age of 12 years he shall be set in the stocks three hours if under the said age and shall not instantly pay the 12 pence then by a warrant from the Justice or head officer c. shall be whipped by the Constable Parent or Master in his presence all offences against this Statute shall be done within twenty days after the offence committed By the 1 Car. 1. Prophaning the Sabbath there shall be no meetings or assemblies of the people out of their own parishes on the Lords day for any sports or pastimes whatsoever as Bear-baitings Bull-baitings or other unlawful sports or pastimes
Where any man shall affront threaten or force any Minister to use any other Service or hinder him in doing the Service according to the Book of Common-prayer that is by sundry Acts established For the 1. offence shall pay 100. Marks for default of paying within six weeks after conviction imprisonment without Bayl. For the 2. offence 400. Marks non-payment in six weeks 12. months imprisonment without Bayl. For the 3. offence the loss of all his Goods and Chattels and Imprisonment during life By the 2 and 3 Edw. 6. the first offence is ten pound and for non-payment after conviction Imprisonment 3. months without Bayl. For the 2. offence 20. pound which if not paid in six weeks after Conviction imprisonment six months without bayl 3. Offence the loss of all his goods and chattels and impisonment during life A CONVENTICLE A Conventicle is described by the Cannon The definition of a Conventicle to be a meeting of Ministers or others to consult about any thing that shall tend to the depravation impeachment or abuse of the Doctrine of the Church of England or of the Book of Common-Prayer or of any part of the Discipline or Government of the Church and by the Cannon the punishment is Excommunication ipso facto Can. 73. Vide le Statue 35 Elizabeth 1. punishes all persons that obstinately do refuse to come to Church and perswade others to impugne the Queens authority in the Law Ecclesiastical and to avoid the inconveniencies of the dangerous practises of seditious schismatical and disloyal sectaries or meetings of people under colour or pretence of any exercise of Religion contrary to the Lawes and Statutes vide Lamberts Justice of Peace in title Commission of the Peace There he describers it to be a meeting under colour of exercise of Religion to oppose the Kings Authority in causes Ecclesiastical or against the Laws and Statutes of the Realm By this Statute the Constable is commanded to go where he hears their Meetings are and to carry them before the next Justice and after being thereof convicted is to be committed to Prison and there to remain without Bayl till he conform or come to some Church Chapel or Place of Common-Prayer to hear Divine Service according to the Laws and Statutes And being so convicted of this offence shall refuse to conform and come to Church and to make his submission within 3. months after being required by the Bishop of the Diocess Minister of the place or one Justice of the County where he lives then such person at the quarter Sessions or Assizes shall there take his Oath to abjure the Realme for ever unless Licensed by the King and his Council to retune And his Adjuration shall be certified by the Justices to the Judges of Goal-delivery and if he refuse to abjure or departing return without the Kings License shall suffer as a Fellon It is further explained by the said Statute that he that shall abjure or shall refuse so to abjure being required shall forfeit all his good and chattels for ever and lose all his Lands and Tenements for life and no longer but no loss of Dower or Corruption of blood to be in this case The Church-Wardens Duty BY the Statute 12 Hen. Their office by the commonlaw 7. in fine Church-wardens by the common Law of England are taken by way of favour to the Church to divers purposes and as it were for a Corporation being enabled to take Moneys Goods and Chattels and may Sue and be Sued for them to the use and profits of the Parish so that any man may in the time of his Life or by his last will give and bequeath moneys or other moveable goods either to the Church-wardens or to the Parishioners of a Parish for the separation of the Church or for the buying of Books Communion Cups or other Ornaments for the Church and the Law so favourably doth take it that it s not materially needful to express it in apt words or writing as for example if one give a Bell and hang it up in the Steeple or make a Pew in the Church and makes no word of writing thereof yet it is by this Dedicated and given to the Church Lib. intra fol. 570. 11 Hen. 4.12 8 Hen. 7.12 The Church-wardens may maintain an appeal of Robbery against him that steals any thing out of the Church being once in the possession thereof or an action of trespass as you may read 37 Hen. 6.30 and 34.11 Hen. 4.12 8 Edw. 4.16 and and if the Parson or Vicar shall take any of the Goods belonging to the Church the Church-wardens may bring their Action and recover dammage to the use of the Parish and if those Church-wardens dye before the Action be brought or the Goods for which they sue be recovered their suecessors may bring their Action And if any of the Church-wardens do waste the Goods of the Church the Parish may put out those and choose new and the new church-wardens may bring an action of Accompt against the old and compel them to make satisfaction to the parish for the wrong they have sustained during their office and although the custom of some parishes is to continue them some one year some two years some three years yet upon any default in them the parishioners may at any time when they please proceed to a new Election and call them to an account yet shall the former church-wardens have an allowance of all such summes of money as they have needfully expended upon the church or upon meet and lawful Ornaments and this they are compellable to do by the Laws Ecclesiastical and they shall have allowance of moneys upon their Accompts that they have paid for the relief of prisoners in the common Goal as you may see in the Statute 14 Eliz. cap. 5. and of any other thing the Law charges them to do but in Lands or the profits thereof they must not meddle at all as if the walls windows or doors of the Church be broken or trees in the church-yard be cut down or Grass eaten up but this belongs properly to the Parson or Vicar as you may see in the Statute 11 Hen. 3.13 12 Hen. 7.77 13 Hen. 7.9 All persons shall repair to their parish Church Coming to Church except they shall be hindred by sickness or any other lawful excuse or to some other place where the Common-Prayer is used upon Sundays or other days which are usually to be kept Holy and shall then and there sit orderly during the time of Common-Prayer and Preaching upon pain to be punished according to the Churches censure and upon the forfeiture of twelve pence for every person so offending to be by the Church-wardens levyed to the poors use of their Goods Lands and Tenements vid. 1 Eliz. cap. 2. The Constables and Church-wardens of all Parishes High-wayes shall every year on Tuesday Wednesday in Easter week call the Parishioners together choosing then two honest Surveyors of
the High-ways of the said Parish for the year ensuing which leads to any Market Town if they refuse the execution of the office they shall forfeit twenty shillings The Constables and Church-wardens shall then name six days for the amendment of the said ways before Midsummer next giving knowledge of the said six days the next Sunday after Easter and shall call the Constable to an account having one part of the Estreats indented Where any shall eat flesh Eating flesh either in Lent or any other days observed for Fish-days he forfeits three pound for every offence or shall suffer three months imprisonment and every person in whose house any offence shall be done being privy and having knowledge thereof not disclosing the same to an officer that hath power to punish shall forfeit for every offence fourty shillings the third part of all the forfeits shall be to the use of the poor of the Parish where the offence is committed after conviction to be levyed by the Church-wardens as you may read 5 Eliz. cap. 5. All Licences that are to be given by the Bishop of the Diocess Licence to eat flesh or by the Parson Vicar or Curate in case of sickness ought to be Registred if the sickness continue above 8. days after it is granted in the Church-Book with the privity of one of the Church-wardens there and the party that is Licenced shall give four pence for it vid. 5 Eliz. 5. the duties of Ministers before A Justice of Peace may appoint the Church-wardens Poor and 4 3 or 2 of the Parish to be overseers of the poor and they may by consent of the Major part of them take order for the setting married or unmaried persons on work that have no means or ordinary trade to live by and the Children of such Parents as shall be unable to maintain them and may set up any Trade or Mystery for that purpose and may Tax as well Inhabitants as Occupiers of Lands in the Parish to pay weekly such summs of moneys as they shall think meet for a stock for the releifof the impotent poor there for to put out Apprentices of such Children And they to whom they shall be put shall take receive and keep them as Apprentices and may do any thing concerning the premises as they shall think meet vid. 1 Jac. 51. 2 Jac. 28. 3 Car. 4. The Church-wardens and Overseers shall render an account before two Justices of Peace of their Money stock and other things concerning their Office and such Moneys as shall be remaining in their hands to the new ones that are chosen in their places upon the forfeiture of twenty shillings for every monthly default without cause to be shewn and allowed by two Justices The Church-wardens and Overseers are impowred by the said Stature by warrant under two Justices hands to levy all taxations by distresse and sale of their goods as shall be found in default rendring the overplus to the party and may with the License of the Lord of the Mannor erect convenient houses for the poor of their parish at their general charges and when the yearly Stock is assessed by the Justices at the quarter Sessions it shall be by the agreement of all the parish and in default by the Church-wardens and constables of the Parish or the Major part of them who may levy the same by distress and sale of the goods of such as refuse to pay their part rendering the overplus to the owners and the Church-wardens or Overseers must pay it to the high Constable within whose limit the Parish is scituate ten dayes before the end of every quarter Sessions such Moneys as the Parish ought to pay for the relief of the prison in the Marshalsey and Kings Bench upon the pain of ten shillings for every default of payment By the 43 Eliz. cap. 3. Souldiers moneys if the Parishioners agree not to the rate for the maintenance of disabled souldiers the Church-wardens and Constables of the Parish or the Major part of them may levy such rates by distress and sale of their Goods of any that refuse to pay rendring the overplus which must be collected and paid over to the High Constable within whose Hundred the Parish is and all such summs of Moneys as are collected ten days before every quarter Sessions of the peace upon the penalty of twenty shillings for every default The Statute of 1 Jac. cap. 9. says that if Constables and Church-wardens neglect their office in punishing Inn-keepers Victuallers and Ale-houses by the space of twenty days in certifying their defaults they shall forfeit twenty shillings to the poors use The Statute of 1 Jac. cap. 27. inhibits all persons to keep any Greyhound for the coursing of any Hair or Deer or any setting Dogs or Nets for the taking of any Phesants or Partridges the Church-wardens have power by this Act where the offence is committed to receive to the use of the poor of the Parish fourty shillings 3 Jac. cap. 4. enables the Church-wardens and Constables of all Towns and Parishes to present in the quarter Sessions or at the Assizes the monthly absence of Recusants from Church and they are to certifie the names of their children above nine years old and the names of their Servants upon the forfeiture of twenty shillings and if upon the Inditement they be convicted they shall have fourty shillings out of their goods and the Church-wardens may be Warrant from one Justice of Peace levie to the use of the poor the offendors Goods by distress or sale rendring the overplus and the forfeiture is 12. pence for every default in not coming to Church every Sunday according to the Statute 1 Eliza. ca. 2. By the Statute of 1 Eliz. cap. 2. Absence from Church the Church-wardens may levie to the use of the poor where the default is twelve pence by warrant from one Justice of Peace by sale of the Goods of the offendor rendring the overplus for not coming to Church every sabbath day The Statute of 3 Jac. cap. 10. says Offendors conveyed to prison that the Constable and Church-warden with two or three of the Parishioners may make a Tax where an offendor is committed to prison and hath not sufficient for his conduction thither The Statute of 21 J. 18. Clothing says the Clothier that makes any cloth that is not good and warrantable by that Statute forfeits five pound by a warrant from two Justices or more the Church-wardens and Overseers of the poor of the Parish where the default is committed may levie the penalty for every cloth deceitably made by distresse and sale of their Goods rendring the overplus the distribution is to the poor of the said Parish and where no distress is the offend or shall be committed to the Goal until payment be made to the Church-wardens and Overseers to the use abovesaid And they to be accomptable for those moneys as they are for other moneys which is by