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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
authority_n	church_n	office_n	power_n	5,646	5	5.3580	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A50654	A guide for constables, churchwardens, overseers of the poor, surveyors of the highways, treasurers of the county stock, masters of the house of correction, bayliffs of mannours, toll-takers in fairs &c. a treatise briefly shewing the extent and latitude of the several offices, with the power of the officers herein, both by common law and statute, according to the several additions and alterations of the law, till the 20 year of His Majesties reign / collected by Geo. Meriton, gent.	Meriton, George, 1634-1711.	1669 (1669)	Wing M1793; ESTC R35040	100,385	287

digging for Gravel Chalk Sand c. 202 Chap. 3. The Surveyors duty about cutting down Bushes Trees and scowring of Ditches in the High-ways and also touching Presentments and Inquiries about Defaults in passing of Accounts and Travelling of Waggons Wains c. 209 Chap. 4. Some heads of the Stat. 14. Car. 2. Ch. 2. concerning the Ways Sewers Pavements c. in London and the Scavengers office 218 Chap. 5. Some particulars gathered out of the Acts 15. Car. 2. Ch. 1. 16 17. Car. 2. Ch. 10. about the repair of the High-ways in the Northern Post Road from London to York c. 225 Chap. 6. Several Cases about the Repairs of Bridges with the Names of the Statutes which concern particular Bridges 234 The Treasurers Office for maimed Souldiers and Mariners in General 242 The Treasurers Office for Prisoners and Hospitals c. in general 251 The Office of Masters of Houses of Correction and of the Work-houses in London and Westminster c. in general 256 The Office of Bayliffs of Mannours in General 266 The Duty of Governours of Fairs and Markets c. in general 269 Licensed Sept. 19. 1669. Roger L'Estrange A GUIDE FOR CONSTABLES CHAP. I. Of the Derivation of the word Constable how many sorts of Constables the Antiquity of the Office the several Appellations of this Officer in several places who ought to be chosen to the said Office and how and where to be sworn with the form of the Constables Oath THE word Constable is derived or compounded of two old Saxon words Cuninge or Kininge which signifieth King and Stable signifying Stability shewing that these ancient Officers were reputed to be as the stability or stay of the King and Kingdom Co. 4. Part. Inst fol. 123. Lamb. Office of Const 5. Dalton's J. P. Chap. 16. fol. 46. There are only two sorts of Constables of whose Office this Treatise maketh particular mention and that is High Constables of Hundreds and Petty Constables in Towns and Parishes Now by the opinion of sothe men these High Constables were first ordained to be chosen by the Statute of Winchester and they were to make view of Armour twice every year and to present before the Justices assigned defaults of Armour Watches High-ways Hue and Cry and also such as lodged Strangers for whom they would not answer Lamb. 5. Rast all 379. C. D. 13. E. 1. C. 6. Dalton's J. P. Ch. 16. fol. 46. And that the Petty Constables in Towns and Parishes were after devised for the aid of the High Constables of Hundreds about the beginning of the Reign of King Edward the Third Lamb. Duty Const pag. 9. But others are of opinion that the High Constables were Conservators of the Peace within their several Hundreds and Limits by the ancient Common Law Crompt 6. 222. 12. H. 7. fol. 18. And that whereas the Sheriffs of Counties at the first had the Government of their Counties committed to them that afterwards by reason of the multitude of people it being then too great a task for one man to undertake thereupon Hundreds were deduced and derived out of the Counties and in every one of them was ordained a Conservator of the Peace who was called the High Constable and after this Burroughs or Towns were made and within every one of them also was ordained a Conservator of the Peace who is called the Petty Constable and this was long before the time of King Edward the Third as appears by the derivation of the words and that they were in the time of the Saxons so that it may seem as well the High Constables as the Petty Constables and their Authorities were by the Common Law and that the old Statutes concerning them are but a Recital of the ancient Common Law 12. H. 7. fol. 18. a. Dalton's J. P. Chap. 16. fol. 46. Now there be other Officers of much like Authority to the Constables as the Bursholders in Kent the third Burrough in Warwickshire and the Tythingman Burroughhead or Headburrough or Chief Pledge in other places but yet the Office of a Constable is distinct and as it seemeth is of greater Authority than these other for it is held by some that these Bursholders Thirdburroughs Tythingmen c. being in a Town or Parish where a Constable is that in such case they cannot meddle because the Constables be in comparison of them Head Officers and that the others are but as Assistants to the Constables in all Services of his Office when the Constable is present and in his absence then these others are to attend the service and that there are many other things which the Constables may do and wherewith the Bursholders and the rest cannot meddle at all and yet in Towns where there be no Constables and that the Barsholders Tythingmen c. be there the only Officers for the Peace as also in such case where the Power or Authority of Bursholder Tythingman c. is declared to be equal with the power of the Constable in all such cases and things their Office and Authority be in a manner all one See 1. Jac. C. 7. Lamb. pag. 4 6 9 51 52 53 54 55. Dalton's J. P. Chap. 1. fol. 3 4. Where any Statute doth appoint offenders to be punished by the Constable or other inferiour Officer in such case the Tythingman Headburrough c. may do it for they are supposed to be Inferiour Officers to the Constable Dalton's J. P. Chap. 1. fol. 4. Note that these Officers are to be attendant to Court Leets Justices of the Peace and Coroners for the executing of their Warrants within their several Precincts And now as to the choyce of these Constables you shall understand that the Law requireth that every Constable be Idoneus homo that is apt and fit for the execution of the said Office and he is said in Law to be Idoneus who is indued with these three things honesty knowledge and Ability Co. 8. Lib. Rep. fol. 41. in Grieslyes case there First he ought to have honesty to execute his Office truly without malice affection or partiality Secondly Knowledge to understand what he ought to do And lastly Ability as well in substance or estate as also in body that so he may attend and execute his Office diligently and not through impotency of body or want to neglect the place for Constables chosen out of the meaner ●ort they are either ignorant what to do or dare not do what they should or are not able to spare the time to execute the Office they ought therefore to be of the ablest sort of men and are not to be chosen either by House or other Custom if they be not fit persons for the office Co. 8. Lib. Rep. fol. 41. And if any one shall be chosen Constable which is not thus qualified and inabled he may by Law be discharged of his said office and another fit man may be appointed in his place Co. 8. Lib. Rep. fol. 42. Clergy-men Justices of the Peace

Lawyers Physicians Attorneys Women whether Maids or Widows Mad-men Infants old sick decrepid persons nor poor people are not to be chosen to the office of Constable And note that a man is to serve this Office in respect of his personal abode and place of Resiancy and not in respect of his Land in another place for if he have Lands in one place and keep house in another place he must serve where he lives and not where his Lands lie A custom in a Parish or Town that the Office of Constable shall go by the house is not good for if a woman have an house there she is eligible which is against Law but a custom that every man sufficient in the place shall serve the office himself or find a sufficient man to serve it may be good Cro. 1. Part. Rep. fol. 283. A Leet choosing unable or unfit Constables is cause of forfeiture of the Leet and such choyce is void and two Justices of Peace upon complaint to them made may remove such a Constable and choose and swear a new one Dalt J. P. Chap. 16. fol. 47. Steel's Rep. fol. 71. Mich. 22. Car. 1. B. R. Bolstred's 1. Part. Rep. fol. 174. The High Constables are most usually chosen at the Quarter Sessions of the Peace for that County and are either to be sworn there or else by warrant from the Sessions to be sworn elsewhere and if it happen that they be chosen out of the Sessions then ought they to be chosen by the greater number of the Justices of that Division where they dwell Lamb. 190. 13. E. 1. Stat. Winch. Dalt J. P. Chap. 16. fol. 46. And in such manner as they are to be chosen in the same manner and by the like Authority are they to be removed for eodem modo quo quid constituitur dissolvitur By the Stat. of the 34. H. 8. Two Justices of the Peace the one being of the Quorum may appoint the High Constables in Wales 34. H. 8 Cap. 26. Now for the Swearing and choosing of petty Constables it properly belongs to the Court Leet but in ancient time they were yearly appointed by the Sheriffs in their turn and were their sworn and received their Oath and so they may be still Bacons use of the Law pag. 5 6. Dalt J. P. Ch. 16. fol. 47. Chap. 121. fol. 366. And now by the Stat. 14. Car. 2. It is provided that if any Constable of a Parish dye or remove that any two Justices may make and swear a new one to continue till the next Leet or Quarter Sessions and then the Steward of or in the Leet or Justices at the Sessions are to swear another or to approve of him that is chosen and if any such Officer shall continue in his place above a year the Justices at their Quarter Sessions may discharge him and put another in his place till the Lord of the Leet shall keep his Court and place in another 14. Car. 2. Chap. 12. Constables lawfully chosen if they shall refuse to be sworn the Justices of Peace may bind them over to the Assizes or Sessions of the Peace Dalt J. P. Chap. 16. fol. 47. vide Crawlyes Case Cro. 1. Part. fol. 409. A Constable of an Hundred or Parish may not make a Deputy to execute his Office as some hold opinion but a Deputy may do under him many parts of his Office in his Name so still as the Constable must answer for it Bolstreds 3. Part. Rep. fol. 77 78. If any Action be brought against a Justice of Peace Maior or Bailiff of a Corporation Headburrough Port-Reeve Constable Tythingman Collector of Subsidies or Fifteens Church-wardens Sworn-men Overseers of the Poor or their Assistants for any thing done by reason of their several Offices they may plead the general issue and give the special matter in Evidence 7. Jac. Cap. 5. 21. Jac. Cap. 12. Wingate Abr. St. Title Evidence And all Actions brought against such Officers must be laid in the County where the fact was done and in case where the verdict passes for the Defendant or the Plaintiff is Non-Suit or discontinues his suit these Officers shall be allowed double costs to be recovered as other Defendants recover their costs 7. Jac. C. 5. 21. Jac. C. 12. Wingate Abr. Stat. Tit. Evidence The form of the Constables Oath is as followeth YOu shall swear well and faithfully to serve our Soveraign Lord the King and the Lord of the Manour in the Office of a Constable you shall see the Kings Peace to be well and duly kept and preserved to the utmost of your power you shall Arrest all such persons as in your presence shall ride or go armed offensively or shall commit or make any Riot Affray or other breach ●f the Kings Peace You shall do your best indeavour that the Statute of Winchester for the Watch in your Town be duly kept and that Hue and Cry and the Statutes for punishment of sturdy Beggars Rogues Vagabonds Night-walkers and other idle and wandering persons within you Liberties be duly put in execution You shall do your best endeavour upon complaint to you made to apprehend all Fellons Barrators Rioters and persons making Affrays and if any such persons shall make resistance with force you shall levy Hue and Cry and shall pursue them till they be taken you shall have a watchful eye to such persons as shall maintain or keep any common house or place where any unlawful Games or Plays are or shall be used as also to such persons as shall frequent or use such places or shall exercise or use any unlawful Games or Plays there or elsewhere contrary to the Statute At your Assizes Sessions or Leet you shall present all and every the off●nces committed or done contrary to the Statutes made and provided for the restraint of inordinate haunting and tipling in Taverns Inus and Alehouses and for repressing of drunkenn●ss and prophane swearing You shall true presentment make of all Bloodshedding Affrays Outcryes Rescues and other offences committed or done against the Publick Peace within your Limits You shall well and truly execute all Precepts and Warrants to you directed from the Justices of Peace and others in Authority in this County And you shall well and duly according to your knowledge power and ability do and execute all other things belonging to the Office of a Constable so long as you shall continue in the said Office So help you God Or the Oath may be given to the Constable in short thus YOu shall Swear that you shall well and truly execute the Office of a Constable or Tythingman for the Parish or Tything of C for this next year or half a year as the case is and untill another be sworn in your Room or you shall be legally discharged thereof So help you God CHAP. II. The Constables Office about Affrays IF any man shall make an Affray or Assault upon another in the presence of the Constable or if any man in his

Jurisdiction though it be beyond his Authority yet it is not disputable by the Constable or other such Officer but must be obeyed and executed by them as if the Justice shall make a Warrant to Arrest one for the Peace or good behaviour c. without any cause the Officer shall not be punished for executing the Warrant But if a Justice of Peace shall make his Warrant to do a thing out of his Jurisdiction or in a Cause wherein the Justice is not Judge then if the Officer shall execute such a Warrant he is punishable for it for the Officer is not bound to obey him who is not Judge of the Cause no more than he is bound to obey a meer Stranger and so note that the Officer is bound at his peril to take notice of the Authority and Jurisdiction of the Judge See Plo. Com. 394. b. 22. Ass fo 64. 14. H. 8. 16. Lamb. 67. 94. Co. 10. Lib. Rep. fo 76. Cromp. 74. Bro. fx. Impr. 8. Dalt J. P. Ch. 117. fo 334. If any shall abuse the Justice of Peace his Warrant by casting it into the dirt treading it under feet burning it c. for such contempt the party may be bound to his good behaviour and may also be Indicted and Fined for the same for it is the Kings Process Cromp. 149. Dalt J. P. Ch. 117. fo 334. Where Hue and Cry either by the Common Law or by force of any Statute is levyed upon any person the Arrest of such person is lawful although the cause of the Hue and Cry be Feigned and if the Cause be Feigned he that Levies the same shall also be Arrested and shall be Fined and Imprisoned but common Fame and voyce is not sufficient to Arrest a man in case of Felony unless a Felony be done indeed 29. E. 3. 9. 38. E. 3. 6. Co. 3. Part. Inst fo 118. 21. H. 7. 28. a. FINIS Conductor Generalis A GUIDE FOR Churchwardens Overseers of the Poor Surveyors of the High-ways Treasurers of the County Stock Masters of the House of Correction Bayliffs of Mannours Toll-Takers in Fairs c. LONDON Printed in the Year 1669. To all Churchwardens Overseers c. Gentlemen THese following Offices aswell as that of the Constable have been touched also by Mr. Lambert and Mr. Sheppard but since the one writ there have been many hundred new Statute-Laws and the other writing in the late times of Rebellion hath moulded his Work suitable to the Manners then in fashion and many of the Rules laid down by Mr. Sheppard in these several Offices which thwart the Laws of the Kingdom and Priviledges of the Church are now out of doors I have therefore for the ease and satisfaction of those who desire to be put in the right Way and sure Road in the executing of these several Offices collected and published this small Treatise briefly laying down the Authority and Duty of Church-wardens Overseers c. in their several Offices The desire of praise could not carry me aloft who want wings for it but the main thing here aimed at is the good of my Country-men and I hope to reap the fruit of my labour in it that is your kind acceptance Dear Friends which if I may obtain it is all that is desired by him who is and shall be Yours Ready to serve you George Meriton A GUIDE FOR CHURCHWARDENS CHAP. 1. The Antiquity of the Churchwardens Office and how they are to be chosen 1. IT is said by some Historians that Dionysins in the year of our Lord 267. divided both in Rome and other places Churches Church-yards and Parishes to Curates and Diocesses to Bishops and this was about 87. years after Britain had received the Christian Faith For though Historians do not all agree when the Christian Faith was first planted here yet it is thought by most of them to be in the Raign of King Lucius about the year of our Lord 180. but how long after it was before these Officers called Churchwardens were appointed it cannot certainly be known but Mr. Lambert and other Authors do agree that they are very antient Officers and by the antient common Law they were and are still to take care see to and preserve the Goods of the Church viz. the Church Books Communion Cups c. and other decent Ornaments and furniture of the Church which they do find there at their coming into the Office 2. As to the choyce of these Officers it is appointed by the Book of Cannons printed in the first year of King James An. Dom. 1604. That all Church-wardens Questmen Sidemen 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 choyce then the Minister shall choose one and the Parishioners another and without such a joynt or several choyce none shall take upon them to be Churchwardens neither shall they continue any longer then one year in that Office except perhaps they be chosen again in like manner and these Officers are to be yearly chosen in Easter-week Can. 89 90. But note where there is an antient custom in any Parish for the choyce of Churchwardens contrary to this Canon in such case the custom is to be observed before the Canon as appears by several Cases hereafter mentioned 4. If the Parishioners of a Parish have used time out of mind c. to elect one Churchwarden and the Vicar another and afterwards a Canon is made that the Vicar shall elect two and he doth so accordingly and the Parishioners elect one according to their custom and the Ordinary disallows him and establisheth the other two elected by the Vlcar in this Case a prohibition shall be granted P. 5. Jac. B. R. the Parishioners Case of Rovenden in Kent Rolls Cases 2. Part. fo 287. 5. A Prohibition was granted against a Churchwarden chosen by the Parson of St. Magnus nigh London-bridge by force of a Canon upon a surmise that the Parish had a custom to choose two Churchwardens Tr. 7. Ca. 1. B. R. bet Shirlye Browne Rot. 1391. Rolls Cases 2. Part. fo 287. The like against a Churchwarden chosen by the Parson of Alhallows London P. 17. Jac. B. R. War●ers Case P. 5. Jac. the Parishioners of Walkbrooks Case in London Cro. 2. Part. Rep. The like against a Churchwarden chosen by the Parson of St. Thomas in London P. 15. Car. 1. B. R. Evelins Case Cro. 3. Part. and the like granted between Draper and Stone for Abchurch in London P. 4. Car. 1. B. R. Rot. 420. Rolls Cases 2. Part. fo 287. 6. An Attorney cannot be made a Churchwarden if he be put in refuse and so be sued in the Spiritual Court he may have a Prohibition P. 14. Car. 1. B. R. Wilsons Case Tr. 15. Car. 1. B. R. Barkers Case Roll's Cases 2. Part. fo 272. 7. By the Stat. 15. Car. 2. All Vestry men or those who are members of