and to render right to all withoute accepting of person and in chosing we shall haue respecte vnto the common welth and tonoe perticuler affection neyther for fauoure nor hate as god bearethe vs witnes in this promyse therin to be iudged if we doe the contrarie After this eche shall name before y e Sendicques the Secreataries beyng present to wryte their voyces y e Fridaye folowinge in the counsell of the two hundred after prayer made y e declaration and the othe they shall propose those two which haue ben chosen by the greatest part vpō that y e two hundred shall procede in their electyō taking if it seme good to them one of the two or els another thirde so that the fyrste electyon be as an aduertysement withoute preiudice to the libertie of the seconde The sonday folowing the general counsell shal be assembled there they shal pronounce to the people the election made by y e two hūdred to knowe yf y e people be agreeable to haue him if the people accepte hym whyche is chosen then the election is fyrme and shall continue but if they refuse hym they shal procede to a newe electyon first by the petie counsell after by the two hūdred so that none be in the offyce except he be cōfirmed approued by the people or by the greatest voice ¶ For the assistaunce TOVCHING the Assistaunce two shall continue in their office the seconde yere so y ◠euery yere they shall make but two newe in the place of those two which haue serued two yere neuertheles the last electiō shal be by the two hundred withoute comming to the people and the same daye the lieutenant w t his foure adiutors as well y e auncients which were of y e yere past as y e newe elected shall come into y e towne house to be sworne before the Sendicques the councel and to be put in possession ¶ The forme of their othe VVE promise and swere to execute oure offyce in the feare of god with a pure conscience and rightly to iudge pronounce those things which shal come before vs in all equitie iustice withoute exceptiō of person rendering right to eche one w tout bearing fauour to those whiche haue an euyll cause Item not to receiue presents gifts nor corruptiō to decline frō our duety Item w e all payne and dilygence to make expedition of causes which shal com before vs to ease the parties frō troublesome charges Item not to burdeine any person w t any costs and charges more then reason will beare and namely to folow the taxe which is made vnto vs. Item to be diligent to reproue correcte al insolences dissolutnesse contrarie to good pollicy to cause that the ordinaunces of the towne maye be well obserued as muche as lyeth in vs callynge god to wytnes therin to bee Iudged yf we doe contrary Moreouer if it happen anye lieutenant to dye before his yere yf there rest yet foure monethes they shal substitute another in forme aforesayde but yf he haue lesse tyme the moste auncyent of the Adiutors shall take hys place ¶ The place of the Assistaunce THE two auncients shall goe before the other but as well y ◠auncients as the newe amonge themselues shall goe according to their degre and dignitye of office in y e which they haue bene ⧠For the two Secreataries of the Lieutenauntes courte THE petye counsell shall chose them to present them to the two hundred which haue authority to ratifye the electiō or to make another withoute prolonging the tyme and the office shal be thre yere at the least excepte there happen death or a notable fault enot wythstandynge in the tearme of thre yere there shal be made a surueie the office perused if they ought to contynue therin before they shall enter into y e possession they shall make an othe before the counsell in maner folowing ⧠The othe of the Secretaries WE promise and swere to receyue no acte nor instrumente to the dyshonour or damage of the towne or against the polycye of the same Item to couche faithfully by writyng and to register all suche actes and instrumentes as pertaine vnto our office and to conserue that we haue made to distribute in tyme and place accordynge to the order of Iustice Item not to reueale ought to any party to the preiudice of another or stoppe the course of the right Item not to defraude any eyther of Acte or instrument which may helpe them or further them by reason Item to make expedicion of all actes and copies which we be bound to delyuer without delaying the one to further the other Item not to eracte or take greater wages than to vs is due by the order of the taxe ¶ The office of the Lieutenaunt and of his Assistaunts and the order of their courte THE Lieutenaūt his Assistantes be bound to hold their court for to render right thre dayes in the weke y e is to saye Monday after dinner from twelue of the clocke tarying till foure lykewyse Wednesdaye and Fryday Moreouer euery daye from eyghte of the clocke vntill ten the Lieutenaunt or one of his Assistauntes one after another through oute shal be resident in the benche to heare the plaintyues and sette order amonge them vntyll they may do iustice the Saterday they shal do the lyke both in the morning and after dynner because of the straungers and multitude which come to the market Item in matters of sodaine prouision the Lieutenaunt shall call the adiutours and assemble them extraordinarily accordynge to the necessitie of the case and that there be no defaulte the Lieutenaunte shall not enterpryse anye longe voyage to be absent one courte day wythout leaue of the counsell ¶ For the payne of those that bee absent HE that fayleth to be there in the tyme aforesayde shal be depriued from suche profyttes as shal fall or chaunce that daye and if he haue not a lawful excuse to pay two shillings for amende and if it be one of the Assistauntes to paye double and the Secretarye shall note theyr faultes faithfully to render the role to the receyuer of the fynes ¶ For the adiournement or summonning for ciuill causes WHO so euer wyll adiourne or summon hys aduerse partye maye doe it what daye he wyll yea at the presente houre and this adiournement shal be auaileable as well by anye of his housholde or hys wyfe as of hym selfe moreouer if he be absent or sicke and haue any other lawefull let his wife or anye of his as his nieghbour or his frend may appeare to the Assignation and excuse him but before the excuse be receyued they shall be sworne that the excuse is lawefull whyche they alledge ¶ For defaultes YF there bee no excuse broughte forth and the action be ordinary for debte or other cause none reserued as shal be sayd here after and if betwene two Burgeses the demaunder shall make
declared in y e Catechisme and also to exhorte all straungers newe commers to come fyrste and present them selues vnto the churche to be instructed yf nede shal be and consequently that none approcheto his coÌ„dempnacion ⧠Of Mariage AFter the declaration of the banes accustomed the Mariages to be made when the party shall require it as well on the sondaye as working dayes so that it be done at the beginning of the sermon And as concerning the abstynence of the same it shal be good that onely vpon the day of the celebration of the supper they absteyne for the honour of the same sacrament Item it shal be good to bring in and vse ecclesiasticall songes or psalmes y e better to stirre y e people vnto praier and praise god Item first they shall teache their litle children and so in the proces of time all the church may folowe Touching debate in causes matrimonialls for that it is not onelye a spirituall cause but medled with the ciuile order the same to remayne to the Seniorie neuertheles we are determyned to leaue to the consistorye the charge to heare the partyes and so to make reporte of ther aduyse vnto the counsell therin to geue Iudgement so that good ordinances may be from henceforthe made and folowed accordingly Of burying ITem that they doe burie honestly the deade in the place appointed And as concerning y e traine or company we leaue it to y e discressioÌ„ of euery one Item we haue moreouer ordeyned and determyned that the porters appoynted to bury eshalbe sworne vnto the Seniorye to put awaye all supersticions that are contrary to y e worde of god not beare them by nighte and also if anye be deade sodeinly to make reporte therof to the ende to auoide al inconueniencyes which may folowe therof Item that after their death not to beare them to theyr burying before twelue howers nor to kepe them aboue fower and twenty howers Of the visitacyon of the sicke BEcause that many be negligent to comforte them selues in god by his worde when they be in extremity of sickenes wherof it happeneth ofteÌ„ tymes that many dye without admonicion or doctrine the whiche at that tyme is most nedefull of all times for this cause we haue ordeyned and determyned that none shall tarye three dayes in their bedde or â—icke but that it be made knowen to the mynisters and that euery one shal be aduertised to call y e mynisters whensoeuer they wyl haue them at a coÌ„uenient houer they not to with drawe them selues froÌ„ their office in y e whiche they serue in common to the churche and to put awaye all excuses we haue determined that the same shal be published moreouer to be geuen commaundement by proclamacion y t the parents frendes and kepers shal not tarie vntyll the person be redye to yelde vp y e spirite for in such extremitie the consolacion serueth to smale purpose for the most part The order which ought to be kept for litell children THat all cytezens and inhabitauntes shall bring or sende their children on the sondaye at twelue of the clocke to the Cathechisme which hath bene spoken of here before Item there shal be a certaine forme or maner composed in the which they shal be instructed and they shal be demanded and apposed in the same doctryne whyche they haue before learned to see if they haue wel vnderstanded and kept it When a childe shal be sufficiently instructed and haue passed his cathechisme then he shall recite solempnely the suÌ„me of that whyche is therin conteyned and also shall make as it weare a confession of his christianity in the presence of the churche Item before this be done that no childe be suffered to receyue the supper of the lorde and that the parents be aduertysed not to brynge them before that time for it is a thinge most perelous as well for the chyldren as the parents to enter into it withoute good and sufficient instruction for y t which it is necessari to vse this order To y e ende that there be no defaute it is ordeined that the children which goe to schole shall come to gether before none y t the maisters doe bryng them in good order in euery paryshe The others that their parents doe bringe or send them And to the ende to auoyde all confusyon they shall obserue as much as may be the distinctioÌ„ of the parishes in y e case as hath ben said before of y e sacrameÌ„ts Item that those whyche shal be by force constrayned to come shal be called before the Seniors elders or coÌ„myssioners and yf they wyll not be persuaded by good counsell y e reporte shal be made to the Seniorye Also to take hede to suche whether they doe their duety or not and that the commyssioners haue an eye vnto them to take order accordingly Of the visitacion of the prisoners MOreouer we haue ordeyned a certeyne day in the weeke in the whyche shal be made certeyne consolacions to the prisoners for to admonishe and exhorte them that there be one of the Seniors of y e counsell deputed to be there assistent to the ende there be no fraude committed and if there be anye appointed to dye by the determynacion of the couÌ„sell it shal be necessarye to call some certayne mynyster to comforte the person as nede shall require for wheÌ„ they tarye vntyll suche tyme as they leade them to the death they be often tymes so occupied with horrour that they be not apte to receyue or vnderstand anye consolacion and this daye is ordeined the satterday after diner ⧠Of the order which ought to be kepte towardes the growen persons for to obserue good order in the churche THe commissyoners aforesayd shall gather them selues together once a weeke with the mynisters whiche shal be on the thursdaye to see if there be any disorder in the churche and to talke together for the remedye therof wheÌ„ how as shal be most couenient Because they haue no auctoritie or Iurisdiction to compell or to constrayne anie we haue aduised to geue them one of oure offycers to call any of those persons before theim vnto whom they wyll geue admonycion If anye by contempte refuse to appeare theyr offyce shal be to aduertise the counsell therof to the ende to geue order therin ⧠Here foloweth the persons whom the elders or commyssyoners oughte to admonyshe and howe they oughte to procede IF there be anye whych teacheth strauÌ„ge or false opinions agaynst y e doctrine receyued that he be called to conferre with them And if he be coÌ„formable they shall suffer hym to departe withoute defame or slaunder if he be obstinate yet they shall admonyshe him certayne tymes vntill they see that greter seueriite be nedefull and then to forbid him the communioÌ„ letting it be knowen to y e magistrate If anie be negligent in comming to churche so that there be perceyued in him a notable contempte of the
Tuesday and Fryday e they shall come together at the sounde of the bell withoute anye other calling moreouer yf it shall happen anye extraordynarye matters that they shal appeare at the hower assigned by y e commauÌ„dement of y e Sendicques by night or by daie Item in the ordinarye dayes from Easter to Michelmas they shall assemble at seauen of the clocke And from Michelmas to Easter at eight of the clocke which is at the ende of the â—ermon and he that appeareth not to be assistant shall paie Item in matters of greate importaunce and which require y e presence of the whole couÌ„sell the Sendicques shall commaunde to seke the counsell by y e othe which they owe to y e towne but thys shal not be done but by good discreacyon Item whosoeuer shal be called vpon his othe appeareth not he shall pay a fyne of fyue florence excepte he haue a lawful excuse for y e whiche he shal be sworne if he wyll haue hys excuse receiued moreouer y â— he doe signifie in his owne person or his wyfe Item y e none shal depart before y t the couÌ„sel be ended w toute asking leaue Item whosoeuer shall depart withoute the leaue of the counsell and beinge called agayne by the Saoultier at the commaundement of the fyrste Sendicque yf he come not he shall be put to a fyne fyue Florens and three dayes imprysonment Item after the praieâ— be made none shal speake but in his order and if many speake at once the first Sendicque shall impose Sylence the sylence imposed if their be any that ceaseth not he shal be put to a fine of v. shil Item that euery one shall kepe his place to auoide confusion Item y â— noe man be so hardye to propose any thiÌ„g of his own heade but he shal reueale the same to the first Sendicque before the counsell be set that the Sendicque may propose it neuertheles yf it seme good vnto hym he may commaunde the other to declare it more at large the better to informe the counsell Item yf it happen that anye haue aduertysement after the counseyll be set of anye thynge perteyninge to the common welthe that then beinge entred into the house he shall aduertise the first Sendicque a parte Item that none shall reueale that whyche is intreated of or decreed in secreate in their counseyll vpon paine to be deposed and for euer to be vnable for that estate moreouer according to the weighte of the case to be punished by the aduyse of y e couÌ„sell eyther by a fine of mouer or open penaÌ„ce or els by corporall punishement but yf it appeare that he hath done it to stoppe the course of Iustyce it shal be open penance if it haue bene to greue the common welth it shal be payne corporall Item if any of them haue ought to propose of his owne case he shal let it be writen or otherwyse he shall tarye vntyll they haue dispatched the present thinges Item that none swere or curse as to name the deuyl w tin y â— couÌ„sell vpon y e paine of v. shil and if he contynue after he hath ben corrected soÌ„drie times then to be deposed Item y â— none shal blaspheme god vp on y e paine to crie god mercy solemynly that is w t a torche burning in hys hand and to be put in prison if he doe it often tymes to be deposed and punished more rigorously Item y â— none reproche or mysname any other nor to enter into any contenssion or chiding or brauling that they speake no contumelious wordes or dishonestie but that eche one telling his opinion shal speake w t al modestye withoute charging the other or speaking against their honour vpon the paine of v. shill if he be accustumed so to do after certeyne admonicions and no amendemeÌ„t had to be deposed from the counsel Item if any doe charge another w t a crime he shal be bounde to proue it otherwyse to crye him mercy and to be deposed from y e counsel the rest of y e yere and he whiche hath ben charged shal haue his action Item this order shal be kept as wel for y e couÌ„sel of sixtie as in general of y e two huÌ„dred for y e auoiding of confusion y â— al thinges may be the better obserued they shal rede y t which is passed euery yere as wel in y e firste couÌ„sel holdeÌ„ after y e electioÌ„ as also of y e two huÌ„dred then al shal swere to kepe it Item y e nothynge shal be set forth amonge y e two hundred before it hath bene treated of by y e petye couÌ„sel neither in the generall counsell before it hath ben treated of before as wel of y e two hundred as of the petye counsel ⧠For what causes the councellers ought to retire them selues ITem that euery one in hys owne proper cause shall retyre hym selfe before he be commaunded and yf he doe it not they shall compell hym to doe it Item in that whiche apperteyneth to his and not to his owne person as in ciuill causes the father shall not be present when the cause of hys sonne shal be denounced neither brother nor vncle moreouer if anye wil not retire him selfe of his owne good wil to be admonished by the counsell Item in Criminall causes none shal tarye in the affaires of his parent or of his Coosyn yssued from his cosyn germayne but shal be excluded Item in all causes which shal seme good to the counsell to exclude anye immediatly they shall depart ¶ The office of the threasorer THe threasorer shal be present eueri day in y e counsell vpoÌ„ paine aforesaid and haue his voice as the other Item that he shall kepe secreate y â— which shal be sayd or done in the couÌ„sell vpon the same paine that is set vpon the counsellers Item to receiue all the commoÌ„ money as well of the ordinarye reuenue as the paynes of fines or other extraordinarye sommes Item that he shall demaunde and receiue in due time and also yelde accompte of that which shal be due eyther by fermers perticuler receyuers or paines fines or reuenewes as of al ather things so that the towne haue no lacke by negligence Item if he cannot be payde with a good will he shall constreyne the detters by imprisonment withoute anye further delaye Item he shall delyuer no money to anie person but by commaundement and hauing receiued commaundemeÌ„t he shall not delaye the tyme so that there comme anye complaynte agaynst him Item he shall render accomptes euery syxte monethe in the chamber of accomptes not to dyfferre y e time aboue sixe wekes ouer his terme Item in rendering of his accompts he shall shewe howe he receyued it w t what modiacioÌ„ Acte or Ordinaunce or by what vertue he hath receiued it Item concerning the things receyued or paied he shal shewe forthe the commaundementes with y e quittances vpon euery
absent the towne for a yere excepte he haue a lawfull excuse wel knowen to the counsell ¶ The office charge and power of the lordes Sendicques THe foure Sendicques shal be contynually resident in the towne during y ◠yere of their Sendicate not so muche as anye of them to departe oute of the towne to lodge oute of y e towne not for one night excepte he let it be knowen to y e others that none of them doe enterprise any farre iourney to be sixe or eighte daies absent wythoute the leaue of the counsell Item that euery daye they shal gather thē selues to gether after dinner y t is to saye at one of y ◠clocke to consulte vpon that whiche shal be to doe and to put order their in and also to put those thinges in execution which hath been concluded by the counsell Item vpon the ordinarie daies that the counsel is holden the Sendicques shal be the first in the towne house ▪ as wel to shewe good enspāle vnto other as to deliberate together of those things which they will doe Item if anye thinge happen which requireth the assemblie of the coūsel they shall gather them selues together to doe those thinges which shal be nedefull Item in things which shal require their presence in dyuers places at one tyme they shal deuyde them selues in suche sorte as eche of them maye be where it shal be expedient Item if it happen any publike noise as fyre tumulte or other like that y e firste Sendicque shall come incontynent into the towne house and shall cōtinue there waiting for the newes which shal be brought him to y ◠ende to assemble the counsell from hower to hower if nede shal be or otherwyse to dispose according as necessitie shal require and that the other thre shall runne hastely vnto the place where y e dainger shal be and moreouer hauing seen the thing two shall disseuer one on the one syde of the towne and the other on the other syde to visyte and kepe the streates corners and y e gates if nede shal be and the thirde shal continue vpon the daūger vntyll it shal be apesed or otherwise ¶ The office of the fyrste and chiefe Sendicques THat euery daye when there shal be no counsell he shall come into the towne house that is to say at the comming from the sermō to se if there rest anye conclusion of the coūsell to execute or heare those plaintifes which shall come Item that he receyue the letters y ◠shal be addressed to the counsel but he shall not open them but in y e presence of one of his felowes or at y ◠lest two coūsellers but if it be a matter of hast he shall cal his other compagnions to consulte at the hower or otherwyse to tarie vntyll they shal be assembled and generally y t in al matters which are worthye to haue consultacion at the hower he shall assemble hys compagnyons Item on the dayes of y e counsell incontinent after the sermon he shal be in y e towne house to heare those which shall require audience Item at his cōmīg forth he shal make aunswere vpon those thinges that be hearde and that y e same daye he shall prouide to put in executiō that which hath ben ordeined if they be thinges which may be executed so redilie Item that he shal signe y ◠mariages before they be pronoūced in y e church inquiring diligently yf the mariage maye be made accordinge to the ordinaunces of god Item y ◠he shal haue y ◠towne seale in his hāds the charge for to seale Item he shal be president ouer y e second appellacions or supreame ¶ The office of the iii. other Sendicques ITem the one shall set in the consistorie the other in the chamber of accomptes and the thyrde ouer the first appellacions Item there shal be one deputed or appointed to vilet the prisoners once a weeke and this charge shal be geuē him in the beginning of the yere by y ◠aduise of the counsell ¶ What some of them may doe ITem two maye signe the commaūdementes ordinarie to make paiementes for the charges passed by the counsell Item to open y ◠letters y ◠be adressed to the counsel as is said ¶ That which one alone maye doe ITem that whatsoeuer complainte shal come eche one of y ◠Sendicques hath full power to cōmaunde those to whom it apperteneth to be examined and to examine them and to imprison them if nede shal be Item that al dissolutions arrogansye insolences dronkennes and such other lyke euery one hath power to imprisō such and after make reporte to y e counsel but he hath no power to delyuer the prisonner before he hath made reporte ¶ Of matters Criminalls IF they take a Criminall or a malifactour that within xxiiii howers they shal commaūde the lieutenant to make him aūswere vpō those pointes of the which he shal be accused Afterward he shal be committed to the lieutenant yf the case be that the matter may be easly proued or namelye if he be alreadie proued and that there be no difficulty as of murther thefte or suche like that incontinent they shall doe iustice and at the most thei shal not kepe him aboue x. daies Item yf it be a matter dyffycill to proue as concerning the acte or that it require consultacion concerning y e sentence y ◠then a competent terme shal be geuen vnto the lieutenant to bringe forth his witnesses according to y e place where they be neuertheles he shall not haue aboue one monethe to doe it at y e most althoughe he seke his witnes in other places Item yf they be in the towne or within two leagues he shal haue but fyftene daies Item yf the criminall or malefactor demaunde to be admytted to hys Iustificacion y t the coūsell shall haue respecte if it be conueniēt according to reason or not Item if y e counsel shal perceiue y ◠he ought to be admitted they shall geue him respit for .xxx. daies Item the profe knowen and the examinations defences hearde in case that they he admitted y e Sendicques ought to order the matter so that the prisoner haue sentence within .xii. daies at y e farthest albeit y t the matter require consultacion otherwyse that they doe it the first daie Item the Sendicques shal be iudges of all criminall causes beinge accompanied with the counsell and eche of the foure in his order shall pronounce the sentences neuertheles if ther be manye sentences to be geuen in one sytting there shal be but one to pronounce it but if there be one or more absent that those which be the fyrste set after them in counsell y ◠they take the place w t the staf e but yet thei shal not pronounce the sentence ⧠The office charge and duetye of the counsell ITem that iii. dayes in y e weeke that is to say Monday