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A48475 The duty and office of high-constables of hundreds, petty-constables, tythingmen, and such inferior ministers of the peace with the several duties and offices of churchwardens, overseers, and collectors for the poor, of surveyors for amending the higheways, and distributors of the provision for the destruction of noysom fowl and vermin / first collected by William Lambard, in the reign of Q. Elizabeth ; and now enlarged with many useful additions according to the succeeding statutes by R. Turner ... Lambarde, William, 1536-1601.; Turner, R. 1671 (1671) Wing L215A; ESTC R41023 59,151 158

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are to be maintained and the Officers which attend that service are to be rewarded at the discretion of the Inhabitants 8 H. 6. ch 5. 11 H. 7. ch 4. Every City which wants such Weights and Measures forfeits ten Pounds to the King every Borough five Pounds and every Market-Town forty Shillings And the chief Officers of such places upon request to them made are to Mark and Seal such Weights and Measures to any of the Kings subjects taking for the marking of every Bushel one Penny and none ought to sell with any other Weights and Measures but such as are marked or sealed 11 H. 7. ch 4. The Mayors and chief officers in Cities c. are once every year at least to view all Measures and Weights in their Jurisdictions and to break or burn such as they find defective and to punish the offendors for the first offence 6. Shillings eight pence for the second 13. Shillings four pence and for the third offence 20. Shillings and besides may adjudge the offendors to the Pillory Purveyance 13 Car. 2. ch 8. The Clerk or chief officer of the Kings Carriages shall three dayes before His Majesties arrival by warrant from the Green-cloth give notice in writing to two Justices of the peace adjoyning to the place where His Majesty is to come to provide such a number of Carts and Carriages as the said Offcer shall need for that work and to express the time and place where the said Carts and Carriages are to attend and then these Justices are to require the Countrey to provide the number of Carts and carriages of four able Horses or four Oxen and two Horses a piece at six pence a mile for every mile they go laden to be payd them in hand at the place of Lading and no Carriage to be enforced to travel above One dayes journey from the place where they receive their lading and if any refuse or shall not be ready at the time and place and having not good cause to the contrary the Justices upon proof thereof by two witnesses or the oath of the Constable or other officer may by their warrant cause to be levied by distress and sale of the offendors goods 40. Shillings 13 Car. 2. chap. 8. If any Justice of peace or officer take any gist to spare any person from making such Carriage or shall press more Carriages than is directed from the Green-cloth the offendor forfeits Ten pounds to be recovered by any person by Action of Debt in any Court of Record 12 Car. 2. ch 24.13 Car. 2. ch 8. No pre-emption shall be allowed to the King His heirs or successors nor to the Queen or any of the Children of the Royal Family in market or out of market but all subjects may dispose of their goods as they please And if any person shall make any Purveyance or impress any Carriages otherwise than is appointed by 13 Car. 2. ch 8. by order from the Green-cloth or other things by colour of any authority of Purveyance for the King c. contrary to the Act 12 Car. 2. ch 24. then two or one Justice of the peace next adjoyning and the Constable of the place where such offence is committed upon complaint of the party grieved may send the offendor to the Gaol until the next Sessions there to be indicted for the same And the party grieved may have his Action against the offendor and therein shall recover treble Damages and treble Costs 14 Car. 2. ch 20. Two or more Justices of the peace by Warrant from the Lord High-Admiral of England or two or more of the principal Officers or Commissioners of the Navy or the Master of his Majesties Ordnance or the Lieutenant of His Ordnance are to provide Carriages with horses and oxen out of the Countrey not being above twelve miles distant from the place of Lading the owners of which Carriages or their servants are to receive Twelve pence a Mile for every Load of Timber and Eight pence a Mile for every Tun of other commodities And such persons as neglect or refuse to make their appearance upon oath thereof made before the Justices by the Constable or two witnesses the person refusing or neglecting forfeits Twenty shillings to be levied by distress and sale of his Goods by warrant from the said Justices Mayor or other chief Officer or from the principal Officers or Commissioners of His Majesties Navy or Master or Lieutenant of His Majesties Ordnance rendring to the owner the overplus if any be first deducting the charge of Distreining Stat. ibid. No Horses c. or Land-carriage shall be forced to travel more dayes-journey from the place where they receive their lading nor be compelled to continue longer in the employment than the said Justices shall appoint and that ready money be paid to the parties in hand at the place of Lading according to the Rates aforesaid The Act of 14 Car. ch 20. 13. cap. 8. are to continue until the end of the first Session of the next Parliament High-wayes 14 Car. 2. ch 6. The Churchwardens Constables or Tythingmen of every parish are upon Monday or Tuesday in Easter-week after notice given publickly in the Church the Sunday before after Morning prayer ended with the advice and consent of the major part of the Parish then present to chuse two or more sufficient Inhabitants of the place to be Surveyors for the High-wayes for the Year following and give notice thereof to the parties chosen in writing under pain of Five pounds This Act is to continue until the end of the first Session of the next Parliament 2 3 P. M. ch 8. The Churchwardens and Constables c. offending herein may be punished by Fine or Amerciament at the quarter-Quarter-Sessions by the discretion of the Justices Stat. ibid. P. M. 5 Eliz. ch 13. The Constables and Churchwardens are then also to appoint six dayes between that and the four and twentieth day of June for the Amendment of the High-wayes and to give publick notice thereof in the Church the next Sunday after Stat. idem Stewards in Leets have power to inquire after the breach of this Statute about High-wayes and to set Fines upon such as make default at their discretion and shall within six weeks after Michaelmas deliver indented Estreats thereof under their hands and seals viz. one part to the Bayliff or High-Constable of the Liberty and the other to the Constable and Churchwardens where the default was made Stat. idem In default of presentment thereof in Leets the Justices of peace may inquire thereof in their Sessions and set such Fines as they or any two of them whereof one must be of the Quorum shall think fit whereof the Clerk of the peace shall deliver indented Estreats in manner as is aforesaid Stat. idem Dalton J. P. ch 76. fol. 71. These Estreats of Stewards of Leets or Clerk of the peace shall be a sufficient Warrant for the Bayliff or chief Constable to levy the
their Parish Lib. Intrat fol. 576. A man may in his life time give or in his last Will bequeath money or other moveable things to the Churchwardens or Parishioners either for the repairing of their Parish-Church or for the buying of Books Communion-Cups or linen Clothes or other decent Ornaments or Furniture for the Church and it is not needful in such a Gift for a man to use express words or writing 11 H. 4.12 8 H. 7.12 If a man buy a Bell and hang it up in the Steeple or do make a Pew and set it up in the Church and do neither make any word or writing thereof yet by this is the Bell or Pew dedicated or given to the Church 37 H. 6.30 34. 11 H. 4.12 The Churchwardens have no Action at the Common Law to recover a Legacy nor any thing which they never had but if any goods or ornaments of the Church be once in their possession and custody they may maintain an Appeal of Robbery against him that stealeth them and an Action of Trespass against him that shall wrongfully take them away although it be the Vicar or Parson himself and the damages that shall be recovered thereby shall be to the use of the Parish and not to their own use Fitz. Nat. Br. 91. K. But if those Churchwardens from whom the Goods were so taken shall happen to dye before any Action by them brought for the Goods the succeeding Churchwardens shall have an Action for the same Goods Canon Ecclesiastic 89 90. In the Book of Constitutions and Canons Ecclesiastical agreed upon in the Synod begun at London anno Dom. 1603. and in the first year of King James it is appointed that Church-wardens Quest-men Side-men or Assistants in every Parish shall be chosen by the joynt-consent of the Minister and the Parishioners if it may be but if they cannot agree upon such a Choice then the Minister shall choose one and the Parishioners another and without such a joynt or several Choice none shall take upon them to be Churchwardens neither shall they continue any longer than one Year in that Office except they be chosen again in like manner and they are to be yearly Chosen in Easter-week But notwithstanding this Canon where there is an antient Custom in any Parish for the choyce of Church vardens contrary to the Canon in such case the Custom is to be observed before the Canon as shall be instanced in several Cases viz. The Parishioner Case of Rovenden in Kent Rolls Cases part 2. fo 287. P. 5 Jac. B.R. If the parishioners of a Parish have used time out of mind c. to choose one Churchwarden and the Parson or Vicar another and afterwards a Canon is made that the Vicar shall elect two and he do so accordingly and the Parishioners elect one according to their custom and the Ordinary disallows him and confirms the other two chosen by the Vicar in this case a Prohibition shall be granted Tr. 7 Car. 1. B. R. betw Shirley and Brown Rot. 1391. Rolls 2 part fol. 287. A Prohibition was granted against a Church-warden chosen by the Parson of St. Magnus by London-Bridge by force of a Canon upon a surmise that the Parish had a custom to choose two Churchwardens Warner's Case B. R. P. 17 Jac. The like was granted against a Churchwarden chosen by the Parson of St. Alhallows London P. 5 Jac. Cro. 2. part Rep. The Case of the Parishioners of Walbrook London P. 15 Car. 1. B. R. The like against a Churchwarden chosen by the Parson of St. Thomas in London Cro. 3. part Evelyn's Case Pasc 4. ca. 1. B. R. rot 420. Rolls Cases 2. part fo 287. The like granted between Draper and Stone for Abchurch in London An Attorney cannot be made a Church-warden but if he be put in and refuse and be sued in the Spiritual Court he may have a Prohibition Wilson's Case P. 14 Car. 1. B. R. and Baker's Case Tr. 15 Car. 1. B.R. Rolls Cases 2. part so 272. 15 Car. 2. cap. 5. All Vestrey-men or members of any Vestrey within any parish in London Westminster Borough of Southwark and Bills of Mortality and in all other Cities Boroughs and Towns-corporate in England where select Vestries are used are within one Moneth after their Election before the respective Archbishop Bishop Ordinary Vicar-general or Chancellor of the Diocess to make and subscribe as followeth viz. I A. B. do declare That it is not lawful upon any pretence whatsoever to take up Armes against His Majesty and that I do abhor that Trayterous position of taking Arms by His Majesties authority against His Person or against those that are Commissionated by him And that I will Conform to the Liturgy of England as it is now established And I do declare That I hold there lies no obligation on me or on any other person from the Oath commonly called The Solemn League and Covenant to endeavour any change or alteration of Government either in Church or State And that the same was in it self an unlawful Oath and imposed upon the subjects of this Realm against the known Laws and Liberties of this Kingdom Stat. idem He that refuses to make this Subscription within the said time is ipso facto deprived of his place of Vestry-man and a new one is to be chosen in his stead and if such new one also refuse to subscribe or if such person who shall have right of Election shall not Elect within one Moneth after the vacancy the Archbishop Bishop or Ordinary of the Diocess may under his hand and seal Elect a discreet person of the Parish who after such Subscription is to stand This Act is to continue till the end of the first Session of the next Parliament Canon 90.5 Ed. 6. ch 1. The Church-wardens are diligently to see that all the Parishioners duly resort to their Parish Church on Sundays and Holydays and there continue the whole time of Divine Service and none to walk or stand idle or talking in the Church Church-yard or Church-porch during that time and all such as shall be found slack or negligent in resorting to the Church having no great or urgent cause of absence they shall earnestly call upon them and if they amend not after due Admonition they must present their names to the Ordinary of the place 1. El. ch 1. Hobart's Rep. fo 97. If the Churchwardens find any person absent from the Church upon Sundayes or Holidayes in the time of Divine Service Preaching or other Holy exercise such person is to pay Twelve pence to the use of the poor And this extends as well to all Women Covert as to other persons or the Churchwardens may present such offendors in the Ecclesiastical Court but they must not pay Twelve pence and be Presented too The same Forfeiture is against all such as open their Shops or work on Holydayes which if it were duly put in execution the poor might be better provided for but I doubt