born an Alien to be of the Common Councel nor to exercise or use any other Office within this City nor receive or accept any person into your watch privy or open but Englishmen born And if any Stranger born out of this Realm made Denizen by Letters Patents or any other after his course and lot be appointed to any watch that then ye command and compel him or them to find in his stead and place an Englishman to supply the same 19. And also that you cause an Abstract of the Assise appointed by Act of Parliament for Billets and other Fire-wood to be fair written in Parchment and to be fixed or hanged up in a Table in some fit and convenient place in the Parish within your Ward where the common people may best see the same 20. Streets Pain 40 s. And furthermore we charge and command you that you cause such provision to be had in your said Ward that all the Streets and Lanes within the same Ward be from time to time cleansed and clearly voided of Ordure Dung Mire Rubbish and other filthy things whatsoever be to the annoiance of the King's Majesties Subjects 21. Vagrants And also that at all times as you shall think necessary you do cause search to be made within your said ward for all vagrant Beggars suspicious and idle people and such as cannot shew how to live and such as shall be found within your said ward that you cause to be punished and dealt with according to the Laws and Statutes in such case ordained and provided 22. Jurymen And also we will and charge you the said Alderman that your self certifie and present before us at the said general Court to be holden the aforesaid Monday next after the Feast of the Epiphany all the names and sirnames truly written of such persons within your said ward as be able to pass in a Grand Iury by themselves And also all the names and sirnames truly written of such persons being and dwelling within your said ward as be able to pass in a Petty Iury by themselves that is to say Every Grand Iuryman to be worth in Goods an hundred Marks and every Petty Iuryman forty Marks according to an Act in that case ordained and provided And the same you shall indorse on the backside of your Indenture 23. Harlots Item for divers reasonable and urgent considerations us especially moving we streightly charge and command you on the King our Sovereign Lords behalf That you diligently provide and foresee that no manner of person or persons within your said ward what condition or degree soever he or they be of keeping any Tavern or Ale-house Ale-celsar or any other Victualling-house or place of common resort to eat or drink in within the same ward permit or suffer at any time hereafter any common woman of their bodies or Harlots to resort and come into their said House or other the places aforesaid to eat or drink or otherwise to be conversant or abide or thither to haunt or frequent upon pain of imprisonment as well of the Tenant and Keeper of every such House or Houses and all other the places afore remembred as of the common woman or Harlots 24. Also that you do give in charge to the Wardmote Inquest of your ward all the Articles delivered to you herewith and that you â—â—ticles have a special care of keeping the peace and good order during your Wardmote and if any offend herein you fine or punish him or them according to Law 25. And whereas the moneys received for the Fines of persons refusing to hold Ward Offices within your ward ought to be employed in the service and for the publick benefit of the whole ward and not of any particular Precinct or Parish within the wâ—rd These are therefore to require you to take care that all such Fines be from time to time disposed of accordingly for the benefit of the whole ward as you with the Deputy and Common Councel-men of your ward shall think most fitting and convenient And that no such Fines be received or employed in any particular Precinct or Parish Not failing hereof as ye tender the common weal of this City and advancement of good Iustice and as ye will answer for the contrary at your uttermost peril Dated at under the Seal-Office of Majoralty of the said City the day of December in the year of the Reign of our Sovereign Lord CHARLES the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. THE COURT OF CONSERVARY FOR THE River of Thames THis Court is held before the Lord Major at such times as he shall apappoint and direct within the respective Counties near adjacent to the Cities of London and Westminster The Water-Bayliff is my Lord Major's Deputy and ought to give notice to his Lordship of all Offences committed by any persons contrary to the Orders made for preservation of the brood and fry of Fish in the said River There have been several Orders made and devised for that purpose some of which Orders are as followeth viz. Orders devised and agreed upon by the Right Honourable Sir Robert Ducie Knight and Baronet Lord Major of the City of London and Conservator of the River of Thames and Waters of Medway for the preservation of the brood and fry of Fish within the West part of the said River as followeth FIrst That no man upon penalty and forfeiture of his Net and Ten pounds with imprisonment at the discretion of the Lord Major shall presume to shute any Draw-net or Coulter-net at any time of the year before Sun-rising nor after Sun-setting for that in the Night time unlawful Nets may be used and other abuses offered to the great hurt and annoyance of the said River of Thames and to shute in their several rooms well known 2. Item That no Fisher-man or other shall still lie or bend over any Net during the time of the Flood whereby both Salmons and other kinds of Fish may be hindred and kept back from swimming upwards to the benefit and profit of such Fisher-men as dwell in the west part of the said River upon the like pain and penalty 3. Item That no Fisher-man or other shall shute any Draw-net Cod-net or other Net or Engin whereby any Salmon-fish shall be taken after Holyrood day is past being the Fourteenth day of September because at that time they are out of season and remain here upon the River only to spawn and breed upon the like payment 4. Item That no Fisher-man or other shall fish with any Net or lay or hale any Wee l or use any other Net or Engine whatsoever from Sun-setting on Saturday at Night until Sun-rising upon Monday Morning no not during all the time of Lent as being a thing not only very hurtful to the said River but also a great abuse and profaning of the Lord's Sabbath upon the like payment 5. Item That no Fisher-man or other
it shall happen that six Months after F. shall become indebted to W. or have Goods in his hands belonging to W. the Plaintiff by virtue of the Attachment made as aforesaid shall recover the Money or Goods he shall prove came to tâ—e hands of F. after the Attachment made The General Issue upon all Attachments being whether F. who is called the Garnishoe at the time of the Attachment made or at any time after had any Moneys or Goods of W. in his hands Thirdly An Attachment made in this Court must be there tried and cannot be removed nor tried in any other Court whereas an Attachment made in the Sheriffs Court may at any time before trial be removed into this Court by a Warrant signed by the Lord Major or Recorder which Warrant is called a Levetur Querela the charge whereof is 5 s. 10 d. and is made in this Form Levetur Querel ' inter W. B. Quer ' G. R. Defend ' Attach ' superindo fact ' in manibus P. W. praemon ' in pl'ito c. If it be an Action only to be removed the Warrant must be made thus Levetur Querel ' inter C. F. Quer ' J. W. Defend ' in pl'ito c. The Levetur Querela must be written by an Attorney of this Court for which he receiveth 4 d. and for his Fee 1 s. 8 d. and then must be delivered to one of the six Officers before mentioned to procure my Lord Major or the Recorder to sign the same for which 4 d. is due to his Lordship and is constantly paid And after the Warrant is signed the Officer must carry it to the Clerk of the Papers belonging to the Compter where the Action was entered and give him 2 s. 6 d. to allow the same Levetur and to certifie the Action or Attachment and the Officer for his pains hath 1 s. and so the 5 s. 10 d is distributed Fourthly An Attachment may be tried in this Court for 30 s. although the Concern be 500 l. But by reason of new Devices of Continuances in the Sheriffs Court the charge of a Trial there comes to much more The Court of Common Councel in London took notice thereof and in the Year 1669. in the Majoralty of Sir Richard Ford made an Act Intituled An Act for the better regulating of the Courts of Law in the Guild-hall London Which Act amongst other matters therein contained is as followeth BE it enacted ordained and established by the Right Honourable the Lord Major the Right Worshipful the Aldermen his Brethren and the Commons in this Common-councel assembled and by the Authority of the same That no person or persons be at any time hereafter admitted into any the Places or Offices of Secondaries of the Compters Clerks or Attorneys in the Majors Court Clerk of the Papers Clerk Sitters Attorneys in the Sheriffs Courts of this City Sergeants or Yeomen of the Compters but that he or they do first take his or their Freedom of this City according to former Acts and Orders of Common-councel And forasmuch as it is observed that the Clerks and Attorneys of the Majors and Sheriffs Courts of this City do breed and bring up under them a multitude of young Clerks taking with them considerable Sums of Money but for shorter terms than hath been accustomed within this City And the Attorneys Clerks and Officers of and belonging to the Sheriffs of London and the Sheriffs Courts do often tender themselves to the Defendants Arrested in the Sheriffs Courts to become their Bail whereby in case of the Defendants absenting himself all possible means are used to delay and disappoint the Plaintiffs in their just Suits to their great wrong and abuse of Iustice Be it therefore ordained enacted and established by the said Lord Major Aldermen and Commons in this Common-councel assembled anâ— by the Authority of the same That nâ— person or persons whatsoever be henceforth at any time admitted or capable to be admitted a Clerk or Attorney in one of the Courts of this City before he or they shall bona fide have served some Master-Clerk or Attorney in one of the Courts of this City as a Clerk the full term of seven years And that every or any Grant or Admission that shall happen at any time hereafter to be made contrary to this Act shall be null and void as if it never had been made and that no Attorney Clerk or Officer of or belonging to the Majors Court or Sheriffs or their Clerks or Servants nor any of them do or shall at any time from and after the Twenty third day of October instant presume to become Bail for any person or persons whatsoever in any Action Attachment or other Suit or Cause whatsoever that shall be entered commenced or depending in the Majors Court or Sheriffs Courts and that neither the Clerk of the Bails in the Majors Court nor Clerk of the Papers nor Clerk-sitters of the said Sheriffs Courts nor any of them nor their nor any of their Clerks or Servants nor any other whose Duty it is to take the Bails do presume from and after the said Twenty third day of October to take accept and enter upon Record any of the said Attorneys Clerks or Officers or any of their Clerks or Servants for the Bail of any person or persons whatsoever And to the end that the said City Courts as well the Majors as the Sheriffs Courts may be supplied from time to time with able and sufficient Iury-men be it further ordeined and enacted by the said Lord Major Aldermen and Commons in Common-councel assembled and by the Authority of the same That no person or persons whatsoever be at any time hereafter returned by any Inquests of the Wards of this City to serve as Iury-man or Iury-men either Grand or Petty in the Courts of this City but such men as either have been or for time to come shall be Subsidy men and so taxed in the King's Books or in Default thereof such other discreet and sufficient persons as shall be equal in Quality and Estate with them and that the Issues upon default of Iury-men Appearances be constantly levied and duly and truly answered And whereas the said Court called the Lord Majors Court is an ancient Court of Record wherein Causes both of Law and Equity and also Attachments are determinable and the same Court is Superiour to the Sheriffs Court and whereas also the Lord Major for the time being of ancient Custom and constant Practice hath and have whereof the memory of man is not to the contrary ever had Power and Authority by his Warrant called Levetur Querela to remove Causes from and out of the Sheriffs Court into the Lord Majors Court without any restriction or limitation of time so as the same Levetur he brought before the Iury or any of them summoned for trial of such Cause or Causes shall be sworn and whereas of very late time such Levetur hath been often disallowed
it often happens that one years service after seven years shall be expired may be very considerable to the Master A Freemans Widow may take a Maid Apprentice for seven years and Inroll her in like manner as a youth in case she be above fourteen years of age but if the Indenture shall be made for less then seven years it is naught and against the Custom of London and will not oblige the Apprentice If an Exchange-woman or Sempstriss that hath a Husband free of London take a Maid Apprentice such Apprentice must be bound to the Husband and not for less then seven years and may be Inrolled and made Free at the expiration of her term in case she continue so long unmarried If any Master refuse to make his Apprentice Free when the time mentioned in the Indentures is expired such Apprentice may if he have duly served force his Master to make him Fre◠by summoning him before the Court of Aldermen or before the Chamberlain of London for the time being This Court is also a Court of Equity or Chancery for any matters within London and the Liberties thereof and the Recorder for the time being usually sits as Judge or Chancellor to determine such matters The manner of exhibiting a Bill in this Court is thus First it must be drawn and signed by one of the four City Councel whose Fee for perusing and signing thereof is 6 s. 8 d. then it must be ingrossed and entered in Court and one of the Officers belonging to this Court must give the Defendant a Summons personally within the Liberties of London to answer such Bill otherwise he is not obliged to appear The charge of drawing the Bill is 4 d. for every Sheet accounting twelve Lines to a Sheet and 6 d. a Sheet for ingrossing thereof and for the entering it in Court 2 s. and for the Attorney's Fee 3 s. 4 d. If an Action shall be depending in this Court and the party Defendant cannot be relieved but in Equity in such case he may exhibit his Bill against the Plaintiff in the Action and the entring the Bill in Court is a good Injunction to stay the Plaintiffs proceedings at Law without any motion until the Plaintiff shall give in his Answer thereto And note that when the Bill is to be relieved against an Action at Law the Plaintiff in the Bill shall not be compell'd to give the Plaintiff at Law any Summons to make answer to the Bill but if Affidavit shall be made that the Plaintiff at Law was 100 miles from London at the time of the exhibiting the Bill then upon motion to the Court the Plaintiff at Law shall and may proceed to Trial notwithstanding the Bill but Judgment and Execution must stay till the Plaintiff at Law answer the Bill or the Court shall make an Order to the contrary If an Action at Law shall be commenced in the Sheriffs Court the Defendant must cause the Action to be removed into this Court before he can stay the Plaintiffs proceedings at Law by exhibiting a Bill as aforesaid and if the Plaintiff at Law answer the Bill the Plaintiff in Equity may in eight days after the Answer put in exceptions to the Answer but if the Answer shall be full and the Plaintiff in Equity cannot prove the matters in his Bill suggested the Plaintiff at Law shall recover all his Costs against the Plaintiff in Equity Note That where a Bill is exhibited and no Action at Law depending the Defendant hath 8 Court days given him to Answer the Bill after his Appearance and if he does not answer the Bill in that time the Plaintiff in Equity may have an Attachment against him for which the Fee is 2 s. 6 d. and the Officers Fee for serving thereof is also 2 s. 6 d. which Fees the Defendant must pay when he gives in his Answer After Answer the Plaintiff may reply generally or specially and may examine Witnesses in like manner as is done in the high Court of Chancery to prove the Equity of his Bill and within a Month after Replication may bring his Cause to a hearing The Town-clerk or his Deputy is appointed to examin all Witnesses on both sides and his Fee for swearing and examining every Witness is 2 s. 4 d. and for the Copies of the Depositions 4 d. per Sheet but for the Copies è contra his Fee is 8 d. per Sheet The Town-clerk's Fee for every Order for publication or hearing of any Cause is but 6 d. and for an Order at hearing but 1 s. but if the Decree be drawn up and inrollect his Fee is 10 d. per Sheet and for the Copy 4 d. per Sheet After a Decree made the Plaintiff must serve the Defendant with a Copy thereof personally and make Affidavit thereof before an Attachment will be granted against the Defendant That the Plaintiff may serve the Defendant with a Copy of the Decree in any place whatsoever Note although out of the Liberties of London A Bill may be removed out of this Court into the high Court of Chancery any time before publication is passed after which time the high Court of Chancery will not retain the Cause The manner of removing a Bill out of this Court is thus First the Defendant must file a Bill in the high Court of Chancery against the Plaintiff in this Court and then must at the Registers Office give Bond to prove the suggestions in his Bill within fourteen days and procure Certificate that his Bill is filed and security given as aforesaid and then Petition the Lord Chancellor for a Certiorary to remove the Bill out of this Court And when the Petition is answered by his Lordship the Clerk in Chancery will make the Certiorary which must be delivered to the Town-clerk and he will allow it for which his Fee is 2 s. and then the Attorney for the Defendant in this Court will certifie the Bill Answer and Proceeding into the high Court of Chancery for which his Fee is 10 d. per Sheet If exceptions shall be put in to an Answer in this Court and a Cause at Law depending between the Parties the Plaintiff in Equity must the next Court move for a day to argue those exceptions otherwise they are over-ruled in course If the Defendant in Equity demurr or plead to the Plaintiffs Bill he must the next Court after the Demurrer or Plea is entred move for an Order to argue such Demurrer or Plea otherwise the same will be over-ruled in course and the Defendant will be compelled to give an Answer When a Freeman's Apprentice is legally discharged from his Master his proper way to recover part of the Money which his Master received with him Apprentice is to exhibit a Bill in this Court against his Master but if the Apprentice hath served five years or near that time this Court will not relieve him in ordering any money to be returned unless there be very extraordinary cause A
was elected by the Court of Aldermen And always before and since Major Gunstone's Election the Court of Aldermen have elected the respective Clerks of that Court. And it hath been declared by Counsel Learned in the Law That the right of electing Clerk of the Court of Requests is not in this Court THE COURT OF ALDERMEN THis is a Court of Record and is held in the inner Chamber of Guildhall every Tuesday and Thursday except Holy-days and in the time of Sessions of Goal delivery All Matters touching Lights Water-courses and Party-walls may be determined in this Court The Assize of Bread is constantly appointed by this Court All Bonds and Leases that pass under the City Seal must be sealed in this Court Several places are in the Gift of the Lord Major and this Court viz. The Recorder Sword-Bearer Four City Counsel City Remembrancer Common Hunt Water-Bailiff Cities Solicitor Comptroler of the Chamber Two Secondaries Four Attorneys of the Lord Majors Court Clerk of the Chamber Hall-Keeper Three Sergeant Carvers Three Sergeants of the Chamber Sergeant of the Chanel Yeomen of the Chamber Four Yeomen of the Water-side Yeoman of the Chanel Under Water-Bailiff Meal-weighers Clerk of the Cities Works Six Young-men Two Clerks of the Papers Eight Attorneys in the Sheriffs Court Eight Clerk-Sitters Two Prothonotaries Clerk of the Bridge-house Clerk of the Court of Requests Beadle of the Court of Requests Thirty six Sergeants at Mace Thirty six Yeomen The Gager The Sealers and Searchers of Leather Keeper of the Green-yard Two Keepers of the Compters Keeper of Newgate Keeper of Ludgate Measurer Steward of Southwark Bailiff of Southwark Bailiff of the Hundred of Ossalston There are other Places in the Gift of the Major Aldermen and Sheriffs as the City Carpenter and other Artificers But the Rent-gatherer hath been put in by Mr. Chamberlain If any Officer shall mis-behave himself in his Office upon Complaint made thereof to this Court and Proof of the Fact such Offender may be and is usually suspended from the Profits of his Place during the pleasure of this Court The Rulers of the Company of Watermen are Annually elected and appointed by this Court pursuant to an Act of Parliament made in the Second and Third Year of Philip and Mary which is as followeth WHereas heretofore for lack of good Government and due Order amongst Wherry-men and Water-men c. there have divers and many misfortunes and mischances happened and chanced of late years past to a great number of the King and Queens Subjects as well to the Nobility as to other the common People that have passed and repassed and been carried by Water by reason of the rude ignorant and unskilful number of Water-men which for the most part be Masterless men and single men of all kinds of Occupations and Faculties which do work at their own hands and many Boys being of small Age and of little Skill and being Persons out of the Rule and Obedience of any honest Master and Governor c. For reformation whereof be it Enacted by the King and Queens Majesties c. That there shall be yearly appointed chosen and elected by the Major and the Court of Aldermen of the City of London for the time being the number of eight persons of the most wise discreet and best sort of Water-men being Housholders and occupying as Water-men upon the said River between Gravesend and Windsor which Election shall be yearly at the first Court of Aldermen to be holden within the said City next after the First day of March And the same eight Persons so elected shall be named and called The Overseers and Rulers of all the Wherry-men and Water-men that from and after the said First day of March shall use occupy or exercise any rowing upon the said River of Thames betwixt Gravesend and Windsor aforesaid which said Overseers and Rulers shall keep and maintain good order and obedience amongst the said Water-men according to the true meaning of this present Act. And also be it further Enacted That the Lord Major of London and the Aldermen of the same City and the Iustices of Peace within the Shires next adjoyning to the said River of Thames every of them within their several Iurisdiction and Authorities shall have full Power and Authority by virtue of this present Act upon Complaint made to them or any of them by the said Overseers and Rulers or two of them or the Master or Masters of any such Servants not only to examine hear and determine all Complaints or Offences to be done or committed by any such person or persons that shall offend contrary to the true meaning of this present Act and to set at large all and every such person and persons as shall fortune to be imprisoned by the said Overseers and Rulers according to this Act if just cause shall appear unto them so to do but also by their good discretions and wisdom to punish correct and reform the said Overseers and Rulers and every of them that shall unjustly or without good cause or ground punish any person or persons by colour of this present Act or any thing therein contained And be it further Enacted by the Authority aforesaid That if any person or persons which at any time hereafter shall be elected or chosen to be a Ruler or Overseer as before is expressed do happen negligently to use and exercise his or their room or place or that will obstinately refuse to take upon him or them the room or rooms place or places of any the said Overseers or Rulers that then all and every such Offender or Offenders shall lose and forfeit the sum of Five pounds of lawful Money of England the one half whereof shall be to out said Sovereign Lord c. and the other half to him or them that will sue for the same c. And be it further Enacted by the Authority aforesaid That the said Major and Court of Aldermen of the said City of London for the time being shall from time to time at their discretions limit set and assess the price and prices and sums of Money that every person or persons so authorized to rowe as is aforesaid betwixt Gravesend and Windsor aforesaid shall take for his or their labour or fare from place to place particularly betwixt Gravesend and Windsor aforesaid and the same prices and assessments to be set shall bring or cause to be brought to the Privy Council of our Sovereign Lord c. to be viewed and seen by some of the said Privy Council and after that the said assessments and prices shall be signed and subscribed with the hands of two of the said Privy Council at the least and the said Major and Court of Aldermen for the time being shall cause the said prices and assessments to be written and set up in Tables in the Guild-hall in the City of London Westminster-hall and elsewhere where the said Major and Court of Aldermen shall think convenient And every
To the Alderman of the Ward of _____ Wardmote WE charge and command you that upon St. Thomas day the Apostle next coming you do hold your Wardmote and that you have afore us at our General Court of Aldermen to be holden the Monday next after the Feast of the Epiphany next coming all the Defaults that shall be presented afore you by Inquest in the said Wardmote and the said Inquest shall have full power and authority by one whole year to enquire and present all such Defaults as shall be found within your said Ward Inquest for the year as oftentimes as shall be thought to you expedient and needful which we will shall be once every Month at the least 2. Inquest dying And if it happen any of your said Inquest to die or depart out of your said Ward within the said year that then in place of him or them so dying or departing out of your said Ward you cause to be chosen one able person in his stead to enquire and present with the other in manner and form abovesaid 3. Non-appearance And that at the said general Court you give afore us the Names and Sirnames of all them of your said Ward that come not to your said Wardmote if they be duly warned so that due redress and punishment of them may be had as the case shall require according to the Law 4. Watch Light Vizard And that you do provide that at all times convenient a sufficient watch be kept And that Lanterns with Light by nightertail in old manner accustomed be hanged forth And that no man go by nightertail without Light nor with Vizard on the peril that belongeth thereto 5. Common Councel And also that you do cause to be chosen men of the most sufficient honest and discreet men of your said Ward to be for your said Ward of the Common Councel of this City for the Year ensuing according to the Custom in that behalf yearly used And also that you do cause the said men so to be chosen to be of the Common Councel to be sworn before you and in your presence according to the Oath by them used and of old time accustomed The Tenor of which Oath hereafter ensueth YE shall swear that ye shall be true to our Sovereign Lord the KING that now is and to his Heirs and lawful Successors and readily come when ye be summoned to the Common Councel of this City but if ye be reasonably excused and good and true Counsel ye shall give in all things touching the Common-weal of this City after your wit and cunning And that for favour of any man ye shall maintain no singular profit against the common profit of this City And after that ye be come to the Common Councel ye shall not from thence depart till the Common Councel be ended without reasonable cause be else by the Major's Licence And also that all secret things that be spoken or said in the Common Councel the which ought to be kept secret ye shall in no wise disclose As God you help And that together with the said Oath of their Office you administer to the said Persons that shall be chosen of the Common Councel the Oaths of Supremacy and Allegiance and the other Oath hereafter following I A. B. Do utterly testifie and declare in my Conscience that the KING's Highness is the only Supream Governour of this Realm and of all other his Highnesses Dominions and Countries as well in all Spiritual or Ecclesiastical things or causes as Temporal And that no Forreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preeminence or Authority Ecclesiastical or Spiritual within this Realm And therefore I do utterly renounce and forsake all Forreign Jurisdictions Powers Superiorities and Authorities and do promise that from henceforth I shall bear Faith and true Allegiance to the KING's Highness his Heirs and lawful Successors and to my power shall assist and defend all Jurisdictions Priviledges Preeminences and Authorities granted or belonging to the KING's Highness his Heirs and Successors or united and annexed to the Imperial Crown of this Realm So help me God and by the Contents of this Book I. A. B. Do truly and sincerely acknowledge profess testifie and declare in my Conscience before God and the World that our Sovereign Lord King CHARLES is lawful and rightful King of this Realm and of all other his Majesties Dominions and Countries and that the Pope neither of himself nor by any Authority of the Church or See of Rome or by any other means with any other hath any power or authority to depose the King or to dispose any of his Majesties Kingdoms or Dominions or to Authorize any Forreign Prince to invade or annoy him or his Countries or to discharge any of his Subjects of their Allegiance and Obedience to his Majesty or to give Licence or Leave to any of them to bear Arms raise Tumults or to offer any violence or hurt to his Majesties Royal Person State or Government or to any of his Majesties Subjects within his Majesties Dominions Also I do swear from my heart that notwithstanding any Declaration or Sentence of Excommunication or Deprivation made or granted or to be made or granted by the Pope or his Successors or by any Authority derived or pretended to be derived from him or his See against the said King his Heirs or Successors or any Absolution of the said Subjects from their Obedience I will bear Faith and true Allegiance to his Majesty his Heirs and Successors and him and them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against his or their Persons their Crown and Dignity by reason or colour of any such Sentence or Declaration or otherwise and will do my best endeavour to disclose and make known unto his Majesty his Heirs and Successors all Treasons and Traiterous Conspiracies which I shall know or hear of to be against him or any of them And I do farther swear That I do from my heart abhor detest and abjure as impious and heretical this damnable Doctrine and Position that Princes which be excommunicated or deprived by the Pope may de deposed or murthered by their Subjects or any other whatsoever And I do believe and in Conscience am resolved that neither the Pope nor any Person whatsoever hath power to absolve me of this Oath or any part thereof which I acknowledge by good and full Authority to be lawfully administred unto me and do renounce all Pardons and Dispensations to the contrary And all these things I do plainly and sincerely acknowledge and swear according to these express words by me spoken and according to the plain and common sense and understanding of the same words without any equivocation or mental evasion or secret reservation whatsoever And I do make this Recognition and Acknowledgment heartily willingly and truly upon the true Faith of a
three discreet Commoners of this City amongst others assigned by this Court to be Commissioners for this instant Month of January for the Court of Requests commonly called the Court of Conscience according to an Act of Parliament made in the Third Year of the Reign of the Kings Majesty that now is And that they sitting in the said Court of Conscience in the Guildhall of this City yesterday last being Wednesday the three and twentieth of this instant January to hear and determine Matters for the Recording of small Debts and relieving of poor Debtors in this City according as by the said Act of Parliament they are authorized and only out of a conscionable Care to be certainly informed of the true state of a Case brought before them and which was depending in the Sheriffs Court where they were informed that Thomas Hutton one of the Attorneys in the Sheriffs Court was retained for the Plaintiff in the said Court And the said Hutton being in the Guildhall in the view of the said Sir John Jolls and other the Commissioners the said Commissioners commanded the Beadle of the said Court to go to the said Hutton and require him presently to come to the said Sir John Jolls and the other Commissioners And albeit the Beadle went two several times to him yet the said Hutton peremptorily and contemptuously made answer That he neither could nor would come to them The which being here examined in full open Court and the said Hutton called to answer the same was in part confessed by the said Hutton and also proved by the Oath of the Clerk and Beadle of the said Court of Requests And to aggravate the said Offence and Contempt the said Hutton here in open Court did affirm That he knew not what Authority that Court had to send for him The which Indignities and Contempts offered to Commissioners chosen by this Court and established by Act of Parliament and to an Alderman of the City of London by a Subordinate Officer of this City This Court do generally hold the same intolerable and the said Hutton worthy of severe and condign punishment And therefore do order and decree that the said Thomas Hutton shall be presently and absolutely dismissed and this Court doth absolutely dismiss him of and from his said Place and Office of One of the Attorneys of the said Sheriffs Court aforesaid And Mr. Dale one of the Iudges of the said Court was sent for and being here private was required to take notice thereof and to publish the same in the Sheriffs Court and to take private Order that the said Thomas Hutton be not admitted hereafter to practise any more in the said Court The Clerks Fees of this Court FOr every Plaint 2 d. For every Appearance 2 d. For every Order 4 d. For every Precept or Warrant to commit to Prison 6 d. For every Search 2 d. For every satisfaction acknowledged upon an Order 6 d. Beadles Fees FOr warning every person within the Liberties 4 d. For warning every person without the Liberties 6 d. For serving every Precept or Warrant 4 d. THE SHERIFFS COURTS EAch Sheriff holds a Court of Record in Guildhall viz. every Wednesday and Friday for Actions entered at the Woodstreet Compter and every Thursday and Saturday for Actions entered at the Poultry Compter There is eight Attorneys belonging to these Courts who of right ought to have three Fees in every Cause that is or shall be brought to Trial viz. a Fee For the Appearance a Fee at Issue and a Fee upon Summons for Trial But if the Cause shall be summoned more than once he is to have a Fee upon every Summons Note That an Attorneys Fee in this Court is 1 s. 8 d. and no more The Attorneys of these Courts are admitted by the Court of Aldermen and must take the following Oath The Oath of the Attorneys of the Sheriffs Courts YE shall swear that ye shall well and lawfully do your Office of Attorney and well and lawfully examine your Client and their quarrel without Champarty and without procuring of any Iuries or any Enquest embrasing And that ye shall change no quarrel out of his nature after your understanding Also ye shall plead Ne ley ne suffer to be pleaded or leyed by your assent no Forreign Release Acquittance Payment Arbitration plain Accompt whatsoever it be to put the Court out of his Iurisdiction nor none other matter but it be such as ye may find rightful and true by the Information of your Client whose information and saying upon your Oath and Conscience ye shall think to be true And ye shall not enform ne enforce any man to sue falsly against any person by false or forged Action Ready ye shall be at all times to come and attend at the warning of the said Major and of the Sheriffs of the said City unless ye be letted about the business of this City or for some other reasonable cause The Franchises Laws and Ordinances of this City you shall keep and do to be kept to your power And that well and lawfully ye shall do all things that to the Office of Attorney pertaineth to do As God help you There is two Secondaries two Clerks of the Papers two Prothonatories and eight Clerk-sitters belonging to these Courts The Secondaries allow and return all Writs brought to remove Causes out of these Courts The Clerks of the Papers file and copy all Declarations upon Actions in these Courts The Prothonatories do draw and ingross all such Declarations The Clerk-sitters enter Actions and Attachments and take Bails and Verdicts The Attorneys have not the custody of any Record belonging to these Courts their business is only to take their Fees due to them in every Cause and to give their Clients notice of Declarations and Trials and to advise them when and what to plead All Subpoena's for Witnesses to appear in these Courts are made by the Clerks belonging to the Judges of these Courts The Fees for a Trial in these Courts The Action 0 4 The Arrest 1 0 The Attorneys Fee 1 8 The Declaration if general 1 4 The Court Fees hereon 0 8 The Deletur 0 4 The Issue and Attorneys Fee 4 0 The Summons of the Jury and Attorney's Fee 4 8 The Subpoena 2 0 The Councel well deserve 5 0 The Juries Verdict 4 6 The Judgment 2 6 The Execution 1 4 If the Declaration be special the Prothonatories Fee for every sheet drawing and ingrossing is 0 8 The Defendants Fees for a Trial. The Attorneys Fee for Appearance and the Court Fees 2 6 The Copy of the Declaration 4 d. per sheet The Issue and Attorneys Fee 3 8 Attorneys Fee upon the Summons 1 8 After a Verdict obtained in either of these Courts and before Judgment entered the Defendant may stop Judgment by marking the Cause before the Lord Major for time to pay the Money recovered which he may do by speaking to an Attorney in the Majors Court and giving him