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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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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
time deliuered it but they still continuing or rather increasing in sinne haue and doo dailie greeue the Lord and doo accoler at his heauie hand Be you but indifferent viewers of your present state and be you your owne Iudges and you shall not denie vnles you be like vnto the Fairies called Lamiae whose nature is that being within their owne house they be blind and cannot looke vpon their owne faults but being abroad can see euerie other mans dooings But that pride couetousnesse whoredome malice enuie excesse gluttonie drunkenes vsurie extortion dissimulation and hypocrisie and almost all kindes of sinnes dooth swimme and abound in euerie place of this citie and shall it not be reuenged The Prophet condemned Sodoma but for foure speciall sinnes pride fulnes of bread idlenes and carelesnes of the poore but looke into Excester you shall find fortie times foure and yet we can lie snorting and sleeping in our sinnes as though it were Omnia bene The more is our securitie and carelesnes the greater wilbe our plagues in the daie of vengeance and so much the more bicause against our knowledge and profession we doo offend God for as Christ saith If I had not come spoken vnto them they should not haue sinned but now they haue no cloake for their sinne vnlesse we doo the sooner conuert and amend Well you are Gods ministers and he hath appointed you to be his Moyses vnto vs and therefore you must in this dangerous case stand before him betweene him and the people and likewise to stand in the middle of the people betweene the liuing and the dead wherebie is meant that you are not onelie to present yourselues before the Lord in a perfect and a pure religion but also must procure and prouide your Aarons and godlie preachers who hauing in their brest plate Vrim and Thumim doo catechize teach and instruct your citizens to know God and the grounds of Christian religion wherebie they may be a holie people vnto the Lord. And then also you yourselues must be men of corage fearing God dealing truelie and hating couetousnes and so to stand in the middle of the people betweene the quicke and the dead that when the people doo come vnto you you doo exequute iustice and iudge vprightlie in punishing the offender and acquiting the innocent For your direction in these two pointes you haue for the first Gods holie word and Testament which the Lord hath commanded should neuer depart out of your mouths and continuall meditations for the other you haue sundrie good and politike constitutions and ancient ordinances of this your citie out whereof I haue drawen this litle Pamphlet and strene referring you for your further instructions to the great Leger or blacke booke wherein at large I haue set downe whatsoeuer concerneth the state of this citie and the gouernment of the same Which good courses if you will folow notwithstanding the ship of your common wealth being ouerladen with sinne and iniquitie is in great danger of shipwracke and to be ouerwhelmed yet Christ will be in readines to calme the seas and to saue both you and your ship if you shall awake him and conuert vnto him And then this your ancient citie which hath continued for these manie hundreds of yeeres shall as the mount Syon be firme and neuer be mooued but God shall saue keepe and defend it that you and your posteritie maie still dwell in it and haue it in possession and you yourselues when you are called to an accompt shall for the well imploieng of your talent bee rewarded and enter into the ioie of your Lord. And thus commending my selfe and this my strene vnto your good acceptation I doo take my leaue Exon the last of the old yeere and the beginning of the New 1583. Your Chamberlaine and assured in the Lord Iohn Hoker POST MORTEM VITA The office and duetie of a Freeman THe Freeman is the cheefest and principallest member of the common wealth of the Citie and as it were out of his loines doo proceed all such as be officers and haue any gouernment or charge in the same And albeit there be three degrees of freemen yet they doo all enioie the same and the like priuileges none can vse nor exercise any trade art calling or office in the Citie vnlesse he be first sworne to the libertiee of the Citie Manie are the points wherewith the freeman is charged and is bound to obserue but the most speciall are these FIrst he is to be true and faithfull to the Quéenes Maiestie hir heires and successors vnder hir to be obedient to the Maior bailife and commonaltie Also he is to kéepe the peace and defend the liberties of the citie Also he is to come before the Maior and common counsell whensoeuer he shall be therevnto required Also he shall not sue nor implead anie franchised man of the citie but onelie in the courts of the citie in all matters determinable in the same except for lacke of iustice Also he shall not be a reteiner nor weare the cloth liuerie badge nor cognisance of anie person being not a franchised person Also he is to be iustifiable and guildhable to all scots and lots taxes and tallages and all other contributions Also he may not colour anie mans euill dooings nor anie forreners goods whereby anie hurt or preiudice may turne to the Quéenes Maiestie or to the magistrates and state of the citie Also he must come yearelie to the election of the Maior and officers and then and there to giue his voice if he haue no reasonable cause of absence Also he must be alwaies loiable and of good behauiour and no longer shall he be a franchised man than he is so neither shall he enioie the liberties of the citie than when he is resiant and dwelling within the same or the franchises thereof Sundrie other articles are incident to his charge which partlie in the oth of a fréeman and partlie in the generall lieger of the citie are conteined The office of the Maior of the citie of Excester THe office of the Maior is the highest and cheefest in the citie and is named in the Latine Maior and in the Saxon Mayer both which importe one and the same thing namelie one more excellent and aboue the rest And as he is in authoritie aboue all others so much the more is he in godlines wisdom and knowledge to excell and exceede them He is the eie and the head of the whole common-weale and therefore must he see and vnderstand all things incident and apperteining both to the common gouernement of the citie and to the preseruation of the publike state His office consisteth in manie branches of which some in particularitie are as followeth FIrst he is not onelie to be godlie and religious in his owne person but also to haue care that all others vnder his gouernment be the like If therefore there be anie inhabitant that doo mainteine anie false religion or
be most conuenient and good for the preseruation of the bodie of the common wealth and of ancient customes liberties and orders of the same and of the rents and reuenues of the citie The particular and most speciall points incident to their charges and offices are as followeth FIrst they are vpon reasonable summons to come and to appeare at the counsell chamber of the said citie as well yerelie at the times appointed and accustomed for the election of the Maior and officers as at all other time and times when they shall be summoned vpon paine of such penalties as by the orders of this citie are limitted vnlesse he haue a lawfull cause of absence Also when they are assembled and come togither at the time appointed they shall then and there take their proper place appointed and in all modestie wisedome and sobrietie behaue and vse themselues and not to depart from thence during the times of their counsell and consultations vnlesse they be licenced vpon paine of the penalties alreadie ordered and assessed Also when anie matter is proposed then euerie one who is to speak his mind shall stand vp in all reuerence and butifull manner and then to speake and declare his opinion vprightlie without anie maner of affection and as shall be for the best behoofe of the common wealth Also whatsoeuer shall be there concluded and determined they are to sée the same to be set downe and registred in their booke of acts and before their departure to heare the same read openlie vnto them Also they shall not discouer nor disclose anie of their secrets or counsels to anie person or persons to the hurt or preiudice of the citie vpon the paines which be limitted and as by the saied Maior and common counsell shall be further ordered and set downe Also they shall not let set demise sell nor allenate anie parts of the cities lands rents reuonewes or other commodities but to and for the best aduantage benefit and commoditie of the citie and common wealth of the same Also there shall no assemblie be made to passe doo or conclude anie thing vnder the number of twelue persons at the least and what shall be agréed vpon and concluded by the said whole assemblie or the more part of them being present to be of effect and for a perfect order Prouided that if in anie matter proposed the voices be equall and of like number then the Maior shall giue his double voice and so the matter to be determined Also none of xxiiij shall misuse or misname one the other in word or déed vpon paine of such penalties as be for such offenses prouided Also the said xxiiij shall attend and accompany the Maior vpon the festiuall daies and vpon the election daies and to bring him home to his house from S. Peters and from the guildhall Also they shall haue a speciall care and regard to the preseruation of all the liberties priuiledges and orders of the citie and especiallie to the charter of the orphanes according to the statute and ordinance therefore prouides Also they shall yearelie attend the Maior for the viewing of the limits bounds and walles of the citie The office of an Alderman THe Alderman is a verie ancient officer in all cities and townes and in great estimation and credit in the times of the Saxons and Brittons They were alwaies the most ancient graue and wisest men and thereof they tooke their name as who saith Elder men not altogither in respect of age but for their wisedome grauitie and good counsels they haue beene officers in all the best commō wealths in all ages as in Roome where they were called Senators in Athens where they were called Areopagitae in Sparta there named Ephori so the like in all other good cities their offices were rather inquisitiue than iudiciall that is to make inquirie and search whether that all things were in good order and what were the abuses to bee amended which being knowne and vnderstood then by their aduise and counsels and according to the lawes reformatiō insued The order and maner of their inquisitions is the like or the same as in times past was vsed in this citie and at these presents is kept and obserued in the citie of London and there called by the name of the wardemotes inquest The speciall points whereof be as followeth FIrst they are euerie moneth to make a search throughout their wards and twise in the yeare to make inquirie by the othes of a iewrie whether that the peace be kept and whether euerie inhabitant haue a club sword or some other sufficient weapon in readines for kéeping the peace and also whether euerie man be assistant and in readines to helpe and succour the officer therein Also whether anie stranger or new come be receiued into anie house and there harbored aboue a conuenient time Also whether anie vndertenants be admitted without licence of the alderman of the quarter Also what iournimen and apprentises euerie artificer hath and in what order Also whether there be anie outlawes felons riotars barrators night-watchers bawdes whoores or anie misliuing or suspect persons in the warde Also whether the Maiors Proclamation be obserued and kept Also whether anie person do breake anie the orders to be enquired by the clarkes of the market that is for forestalling ingrossing and regrating Whether victuals be good and whoalesome and solde at prices reasonable Whether vessels weightes and measures be sealed marked and true Also whether the Bakers do kéepe the assise appointed and whether euery one haue his marke vpon his bread Also whether anie hostler or Innekéeper do bake his bread within his house and sell it Also whether the brewers do brewe according to the Maiors price and his vessels do conteine their iust contentes and be marked Also whether there be anie noisance or purpestures in the Citie as by setting of pales wales stales bulkes porches windowes and such like whereby any incroching is vsed or anie timber stones doonghils or heapes of durt or any other thing be cast and laid in the stréets to the letting or hindering of anie waie or to the anoisance of anie person Also whether anie doo kéepe slaughtering within the Citie or doo kéepe and féede anie hogges duckes or anie other filthie beast Also whether the stréetes be kept cleane and swept twise in the wéeke atleast Also whether anie house be ruinous and stand dangerouslie and whether anie chimney ouen or fornace or backes or heathes for fire do stand dangerously and in perill of fire and the same not presented by the scauenger Also whether there be crookes ladders and buckets in readines to serue if néede should be in perill of fire and whether euerie man haue in a readines a vessell of water at his doore when anie house is aduentured with fire and not aduertised by the scauengers Also whether anie leprosie or sicke person vagabonds or beggers do go abroade a begging within the Citie other than
are prouided for their sustenance maintenance FIrst therefore the warden of the Magdelen is to gouerne and to sée to be gouerned all such Lazar people as shall be receiued for sicke persons into the Magdelen house according to the orders of the said house and according to the direction of the Maior and common counsell Also that they be wéekelie paide of such salaries and stipends as to them is and shall be assigned by the Maior and common counsell Also the wardens proctor shall prouide and sée to be proinded meate drinke washing cleansing and all other things necessarie for them Also the said warden shall sée their church houses and buildings from time to time to be repaired Also he shall be carefull to saue kéepe and preserue the lands rents and profits whatsoeuer appointed and allowed for the maintenance of the said hospitall Also they shall not admit anie person or persons to be one of the said hospitall without the consent of the Maior and common counsell and that the same be a sicke person in the disease of the leprosie Also they shall not set let nor demise anie the lands belonging to the said hospitall without the consent and agréement of the Maior and xxiiij Also they shall yearelie yéeld vp and make a true accompt before the auditors of the citie of all their receipts and paiments and vpon the determination of the said accompt shall discharge paie and satisfie what shall be found remaining in their hands and to be due by them The like is required of euerie warden of the poore and for euerie almeshouse and of euerie collector for the same The office of the wardens of the bridges THe wardens of the bridges commonlie called by the names of the wardens of Exbridge are verie auncient officers and of great credite and in times past great circumspection was had in the choise of them and for the most part they were most graue citizens They were alwaies two in number the one being the elder and the other the yonger The things which are incident to their offices are as followeth FIrst they both iointly are to haue the care to view and search from time to time the two bridges which belong to the cities reparations as namely Exbridge and Cowleighbridge and the banks next adioining on euerie side of saint Leonards weare and what defaults soeuer they shall finde and sée to be amended or be aduertised thereof by the Receiuer or Chamberlaine of the citie that they do cause the same to be repaired and amended The head warden is to collect receiue and gather all the rents reuenewes profits and issues belonging to the bridges and shall after the end of his yeare at the time appointed make a true and perfect account of all his receipts and paiments before the auditors of the citie asking no allowance but as shall be iust and true Also he shall procure and prouide from time to time by the aduise and direction of the chamberlaine of the citie all things méete and necessarie as well for the reparations of the houses belonging to the bridge as for the bridges themselues and all things therevnto apperteining Also he shall prouide and procure by the aduise aforesaid méete and conuenient workemen and labourers for and about all the aforesaid buildings and reparations and to sée them wéekelie and from time to time to be paied for their salaries and wages Also he shall sée and command the bridge called Exbridge to be clensed and swept from time to time and that no doonghils nor heapes of durt doo lie vpon the same Also the yoong warden is to attend and take the ouersight of the workemen that they doo kéepe their times and worke and that nothing doo want them being necessarie Also he is to kéepe account of the number of the workemen and to sée that there be no wast or spoile either of the worke or of anie thing prouided for the worke Also they are to attend the Maior vpon sundaies and feastiuall daies to and from S. Peters church as other officers doo and are bound to doo The office of the wardens of the Shambles THe office of the wardens of the Shambles are verie ancient and chosen yearelie by the Maior and common counsell when other officers are and their office is speciallie to attend all things as be necessarie for and concerning flesh victuals and the good ordering of the same and of the Shambles The speciall points are these FIrst they are vpon euerie saturdaie except it be some holie daie or festiuall daie at or about one of the clocke in the afternoone to come to the Maiors house and to bring him to and from the shambles Also they are to sée then and at all other times the shambles to be furnished with meate good wholsome and sufficient for the citie Also that no slaughters be kept in anie place within the walles of the citie Also that no pigs be nourished nor doonghilles nor anie corrupt thing bréeding a corrupt aire be kept within the walles of the citie Also that no bull vnbaited nor sow brenning nor yew tupping nor anie beast vnseasonable be slaughtered nor flesh blowen foistered salted or vnreasonable be set to sale Also that no butcher doo ingrosse forestale nor regrate anie victuals nor doo sell the same but at reasonable prices Also that euerie butcher vpon euerie market daie doo bring with the carcase the fell or skinne of euerie beast slaughtered Also that they doo attend vpon euerie sundaie and festiuall daies the Maior to the church and vpon euerie mondaie to the guildhall court as other officers are bound to doo and that vpon euerie mondaie at the court they doo present all such faults as haue the wéeke before béene committed and ought to be presented Item that none of the butchers doo kéepe anie market or open shop vpon the sundaies The office and dutie of the Porters THe Porters are officers of good trust and vnto whose credit is committed the safetie of the citie for when euerie man taketh his rest and thinketh to be in safetie it is their office that the gates be not at commandement of such as by whom their restes and sleepes be disturbed nor vnquieted by receiuing any person or persons into the gates nor in dooing of anie act which may be hurtfull to the citie or inhabitants of the same FIrst therefore they must euerie night shut and make fast the cities gates at the times and hours appointed and accustomed that is at ten of the clocke at night in the summer and at nine of the clocke in the winter and likewise must open the said gates at the times accustomed that is at foure of the clocke in the morning in the summer and at fiue of the clocke in the winter Also in the times of warres commotions and rebellions they are to deliuer vp the keies into the custodie of the Maior Also at no time in the night after the gates be shut they shall suffer anie person