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
passage pickage lastage pontage murage prisage of Wines or any like Custome of the said Citizens their Attorneys Factors Assigns or Servants contrary to the said Priviledges Franchises Liberties and free Customs for and in right of the said Citizens after that they or any of them shall so lack and default of right in that behalf the Sheriffs of the said City of London shall take within the said City of London therefore Distress or Distresses of other person or persons and parties resorting to the said City of London of the Town Burrough Place or City where the said Citizens of London were so grieved molested troubled or vexed or toll prisage lastage pirage pontage paunage murage prisage of Wines or any other Customs shall be free had or taken contrary to the said Liberties Franchises Priviledges and free Customs aforesaid Therefore in our Friendliest manner we pray require and exhort you and every of you in eschewing of further troubles and variances that you nor any of you molest or trouble or cause to be molested or troubled by any means or in any wise our well-beloved Citizen R. G. Citizen and Draper of London for his Goods Wares and Merchandizes contrary or against the tenour or effect of the said Freedoms Franchises Liberties Customs and Priviledges aforesaid and if ye have troubled or molested or suffered or caused to be troubled or molested or shall at any time or times hereafter trouble or molest our said Citizen his Servants Factors Attorneys or Assigns or any of them Or if you take or have taken of the same our Citizen or any of his Attorneys Factors or Servants any thing contrary to the tenour and effect of the Freedoms Liberties Franchises Customs and Priviledges aforesaid we pray and require you and every of you to discharge or cause to be discharged our said Citizen his Factors Servants and Goods and that restitution or amends be made to him them or one of them as of right it ought to be so that for default of Iustice we be not constrained or compelled to execute or cause to be executed the penalties and pains in the said Charters and Grants contained In witness c. The Lord Major of London may grant his Warrant to Distrein the Goods of Forreigners who shall refuse to pay the Duties of Balliage for Wares and Merchandizes brought to the City of London by Water westward The Form of which Warrant is in these words Lond ' ss TO all Christian People to whom these presents shall come or the same shall see hear or read Sir T. D. Knight Lord Major of the City of London sendeth Greeting Whereas the Duties for Tolls and Balliage due and payable for Goods and Merchandizes brought to this City and Liberties thereof and carried and conveyed from the same as well by Water as by Land by Strangers and Forreigners from the Liberties of the same City and other persons not lawfully discharged from payment thereof time out of mind have appertained and still do appertain to the Major Commonalty and Citizens of the said City and time out of mind have been accustomed to be demanded gathered and levied by certain Officers and Ministers thereunto appointed and authorized who have answered and still do answer several Rents for the same towards the Fee-farm of three hundred pounds yearly paid into the Court of Exchequer which Duties of Toll and Balliage are by the Franchises of the said City confirmed by Parliament to the said Major Commonalty and Citizens of London which time out of mind they have enjoyed and ought to enjoy And whereas I am informed that the said Duties are many times wrongfully detained to the prejudice of the Franchises and Liberties of this City These are therefore to require all Barge-Masters Hoy-Masters Liter-men and all Masters of Vessels whatsoever that bring or carry Goods to or from this City from London-Bridge westward at all time and times whatsoever to give a particular account of the said Goods in their Vessels and the several persons they belong unto to T. C. who is deputed and appointed under the Common Seal of the said Major Commonalty and Citizens to collect levy and receive the said Duties for all Goods Wares and Merchandizes whatsoever coming in or passing forth by water from London-Bridge westward to or from the said City or Liberties thereof And these are further to authorize the said T. C. to raise levy and receive the said Duties And upon denial of payment thereof or any part thereof to Distrein on the Goods and Chattels of the person or persons so offending or denying as well by Water as by Land within the Liberties of the said City and for refusal to make sale thereof immediately and return the overplus according to Law And for want of such Distress from time to time and at all times as often as occasion shall require to bring before me or some other of His Majesties Iustices of the Peace within this City and Liberties the person or persons so offending refusing or neglecting payment resisting or breaking the Peace And these are in his Majesties Name strictly to charge and command all Constables Wharfingers and Meters of Sea-coals Corn and Salt and all other Officers and Ministers whatsoever within this City and Liberties that they from time to time as often as occasion requireth be aiding and assisting to the said T. C. And that they from time to time do their best endeavours to see the said Duty paid and his Majesties Peace kept in the due execution of the Premisses And that they or some of them bring before me or some other of his Majesties Iustices of the Peace within this City and Liberties all and every such person and persons as shall break or at least disturb the Peace or use any violence or opposition in the lawful and due execution of the Premisses or that shall refuse to pay the Duties aforesaid or any part thereof And hereof I require the said Constables and all other Officers and Ministers or any other person or persons being thereunto required not to fail as they and every of them will answer the contrary at their perils c. His Lordship may also grant a Warrant against Hawkers with Flesh-meat The Form whereof is as followeth London ss WHereas I am informed that divers Butchers and other persons having often times heretofore in Lanes Alleys Inns Warehouses Streets Stalls Passages and other places within this City and Liberties thereof offered and there put to sale by way of Hawking in secret manner Beef Deal Pork Mutton Lamb and other Flesh refusing to bring the same to be sold in any Butchers Shop or Markets of this City which Flesh so offered to be sold hath oftentimes been corrupt rotten and unwholsome And such practices are contrary to ancient Customs of this City and in particular contrary to the late Act of Common Council made in the Majoralty of Sir George Waterman Kt. late Lord Major of this City whereby it is provided
until eight of the Clock in the Evening of the same day And if any Butcher or Butchers Poulterer or Poulterers Victualler or Country Farmer Lader Kidder or other person whatsoever shall sell or put to open sale any manner of Butchery or Poultry Wares or other Provisions in the said Markets before Ringing of the Market Bell at the said several hours and times in the Mornings respectively such Offender or Offenders shall be proceeded against as forestallers of the Market as by the Law in this case is directed and appointed And that no Butcher Poulterer Victualler Country Farmer Lader Kidder or other person whatsoever shall sell or put to open sale any Butchery or Poultry Wares or other Provisions after the end of Ringing the Market Bell at the said several hours in the Afternoon respectively but shall then depart from the said Markets upon pain that every person selling Butchery or Poultry Wares or other Provisions after the said respective hours in the aforesaid Markets shall forfeit the Sum of ten Shillings for every such Offence And if any Butcher Poulterer Country Farmer Lader Kidder or other person whatsoever shall sell utter or put to open sale in the said Markets any manner of Flesh-meat upon any other day or days then is before hereby limited and expressed such Butcher Poulterer Country Farmer Lader Kidder or other person shall for every such Offence forfeit the sum of twenty Shillings Provided always That no Butcher Poulterer Country Farmer Lader Kidder or other person whatsoever shall upon the Saturday in any week bring into any of the said Markets any manner of Flesh-meat after six of the Clock in the Afternoon between the twenty fifth of March and the twenty ninth of September yearly nor after four of the Clock in the Afternoon between the twenty ninth of September and the twenty fifth of March upon pain of forfeiting the sum of ten Shillings for every time any such person shall bring into any of the said Markets any manner of Flesh-meats after the said respective hours And further be it Enacted by the Authority aforesaid That no Stall Standing or Place within any of the said Markets shall from and after the publication of this Act be letten or allotted to any Butcher or Poulterer who doth or shall keep any Butchers or Poulterers Shop within the City of London or Liberties thereof or within two miles distance of the Liberties of the said City for so long time as he or they shall keep any Butchers or Poulterers Shop within the limits aforesaid And further That no Butcher Poulterer or other person whatsoever shall have and enjoy more then two Stalls Standings or Places within any one of the Markets aforementioned at one time Provided always That the Country people and others resorting to the said Markets being not Butchers not Poulterers nor selling any manner of Flesh-meat or Poultry may stand or sit and vend their Herbs Fruit Eggs Butter and other such like Provisions and Commodities in the Markets upon every working day in the week between the Feast of the Annuntiation and the Feast of St. Michael the Arch-Angel from seven of the Clock in the Morning until five of the Clock in the Evening of the same day And upon every working day between the Feast of St. Michael and the Annuntiation from six of the Clock in the Morning until four of the Clock in the Evening of the same day so as the same persons that bring them first to Market do continue the selling thereof and do observe the Ringing of the Market Bell for keeping the said hours accordingly And it is also further Enacted in regard that the Market is most principaâ—ly intended for the benefit of House-keepers who buy for their own use and behoof That the Retailers and Traders of this City who buy to sell again shall not enter into any of the aforesaid Markets to make their Provisions and buy of any of the Market people there to carry the same to their several Houses and Shops until the Afternoon of every day to the end that House-keepers may provide themselves in the morning of every day at the first hand and pay moderate Rates for their Provisions upon pain that every such Retailer or Retailers or Traders shall for every time Offending herein forfeit forty Shillings And forasmuch as all dead Flesh-meat and other Victuals and provisions of all sorts of Fruits Herbs Fish and the like ought to be sold in open and common Markets allowed and appointed and not under private Stalls or at Tavern doors or in any Street or Common passages or in any private places or carried up and down and sold by way of Hawking by means whereof much unwholsome Provisions dangerous to the Health and Bodies of his Majesties Subjects may be uttered and sold Be it Enacted by the Authority aforesaid That no Butcher Poulterer Country Farmer Lader Kidder Victualler Gardener Fruiterer Fish-seller or other person or persons whatsoever shall from and after the publication of this Act sell utter or put to shew or sale by way of Hawking or as a Hawker or in any otherwise any Beef Mutton Lamb Veal Pork Poultry Butter Cheese Fish Fruit Herbs or other Victuals or provision whatsoever in any private House Lane Alley Inn Warehouse Street-stall or Common passage or other place or places whatsoever within the City of London or Liberties thereof but only in his or their open Shop or Shops or in the publick Market place or places and in Market time only according as is before appointed upon pain that every such person so carrying or offering to put to sale by way of Hawking or in any otherwise any Flesh-meat Poultry or other Victuals whatsoever as aforesaid in any private House Lane Alley Inn Warehouse Street-stall or Common passage or other places whatsoever being not his or their open Shop or Shops or the common Market place shall forfeit the same Goods so offered to sale without any manner of favour according to the ancient Custom of the City of London used and approved and the same so forfeited shall be disposed of to such prisons within this City of London as the Lord Major for the time being shall direct and appoint And to the intent that Forestalling Regrating and Ingrossing of Victuals and other Commodities may be the better prevented and the Laws made against the same more effectually observed It is Declared and Enacted by the Authority aforesaid That no person or persons from and after the publication of this Act shall buy or cause to be bought any Victuals or other things whatsoever within the said City of London or Liberties thereof coming to any the Common Markets of this City or make any Bargain Contract or Promise for the having and buying of the same or any part thereof so coming as aforesaid before the same shall be brought into one of the said Markets ready to be there sold And also That no person or persons that shall by any means
every Constable and Watchman may know the Night Time and Places where they are to watch And that the Constable on the day before his watch-night or the Beadle of that Ward do warn every man that is to watch with him accordingly or leave notice thereof in writing at the House of every such man And that the Inhabitants of every Ward do take notice hereof any pretence of priviledge usage or custom to the contrary hereof in any wise notwithstanding And be it also further Enacted by the Authority aforesaid That if any Constable shall make default in executing his Office or doing his Service in any of the Premisses hereby appointed or hereafter to be ordered or appointed as aforesaid without just and reasonable cause to be allowed of as is hereafter mentioned that then every such Constable shall forfeit and pay for every such default five pounds And that if any person appointed and warned to watch or to find an able and fit person to watch in his or her stead as aforesaid shall refuse or make default to watch or to find an able and fit person to watch in his or her stead as aforesaid that then every such person so refusing or making default to watch as aforesaid and not having just and reasonable cause for such his default as shall be allowed of by the Lord Major of the said City or the Alderman of that Ward for the time being shall forfeit and pay for every such default Twenty shillings And it is hereby farther Enacted That the Alderman Deputy and Common Councel-men of every Ward or the major part of them for the time being shall from time to time nominate and appoint two or more honest able men of the same Ward who shall be called Supervisors to take care and oversee that the Watches appointed in every Ward be from henceforth duly kept And that the Constables Beadle and Watchmen execute do and perform their duties and services therein or otherwise pay the forfeitures and payments herein before ordained for their defaults respectively and that the same Supervisors or one of them shall take notice of such of the said Inhabitants as absent themselves at any time from watching as aforesaid and likewise of such Constables and Beadle as shall at any time make default be remiss or negligent in performance of his or their Duties in the Premisses and shall likewise from time to time present the name of every sâ—ch Defaulter to the Lord Major of the said City for the time being or to the Alderman of the Ward where such Default shall be made that every such Defaulter may pay the forfeiture and payment imposed upon him or her as aforesaid And that the Beadle of every Ward or some trusty person for him shall in the presence of the Constable and one of the said Overseers if they or either of them can be present call over the Names of all those which shall be appointed to watch each night respectively in their course as aforesaid as well at the hours appointed for their meeting in the Evening as also at the time appointed for the breaking up of the watch in the morning and that they the Constable or Beadle or one of them or some other trusty person in their or either of their behalf in case the Supervisor shall be absent at any of the said times shall take a Note in writing of the Names and Sirnames of every of the Inhabitants then appointed to watch as shall be absent from their watch at any of the hours herein before appointed Evening or Morning and shall deliver the said Note the next day to the Supervisors or one of them And that the Constables Supervisors and Beadle of every the said Ward and every of them shall bring before the Lord Major of the said City for the time being or the Alderman of their Ward every Constable or other person making default in any of the Premisses respectively if such person making default will readily and voluntarily go along with him and every such Defaulter shall then presently pay to the Lord Major or Alderman aforesaid such forfeitures and payments as are herein before limited and appointed for them respectively to pay as aforesaid and that all Moneys so forfeited and paid as aforesaid shall be imployed to and for the relief of the poor of the said Ward as the Lord Major or Alderman of the Ward where such default shall be made shall think fit and appoint But if such Defaulter shall refuse to go with the said Constable Supervisor or Beadle before the said Lord Major or Alderman as aforesaid or going shall refuse or delay to pay the said forfeitures penalties or sums of Money respectively as aforesaid that then and in either of the said cases such Defaulter shall forfet and pay treble the aforesaid penalties or sums of Money All which forfeitures hereby forfeited shall respectively be recovered by Action of Debt Bill or Information in the name of the Chamberlain of this City for the time being in the Court holden before the Lord Major and Aldermen of the said City in the Chamber of the Guildhall of the same City to be prosecuted by the Beadle of the Ward wherein every of the said Offences aforementioned shall be committed or any other person or persons thereunto appointed by the said Lord Major or the Alderman of such Ward And after recovery thereof one Moiety of the same after all Charges deducted shall be to the said Beadle or other Prosecutors and the other Moiety to be imployed to the relief of the poor of the Ward wherein such Offence shall be committed as the Lord Major or Alderman of the same Ward shall direct and appoint In all which Suits to be brought by virtue of this Act the Chamberlain shall recover his ordinary Costs and Charges to be expended for the recovery of all such forfeitures against the Offenders And lastly be it enacted by the Authority aforesaid That the Beadles of the several Wards of this City or any of them shall not hereafter take or have any allowance of Watchmen called Dead-pays for or in respect of their Nightly watching or for or in consideration of any other Service whatsoever but that the Inhabitants of every Ward shall amongst themselves raise some convenient sum of Money for a fit and competent Salary and Allowance to be made unto the said Beadles for their said Service Or if the said Inhabitants of all or any the said Wards cannot agree upon raising such Salary or Sum of Money then the same to be done by Authority of Common Councel by such way and means and in proportion to the Service and the Extent of each Ward as by the said Common Councel shall upon farther consideration be found just and reasonable The Lord Major doth Annually issue out his Precept to the Aldermen of every Ward to hold his Wardmote for the Election of Common Councel-men and other Officers The Tenor of which Precept is as followeth
Court to be holden after such Arrest so to be made to the end the party Plaintiff may proceed in his Action according to Law and that none of the said Officers presume to discharge any person or persons by him Arrested after agreements made between the parties till such time as the said Officer shall have caused either the Action to be withdrawn or satisfaction to be acknowledged on Record as the case shall require And if any of the said Officers shall hereafter offend in any of the Cases aforesaid and shall be thereof convicted by Examination of the Iudge in open Court upon complaint of the parties grieved or in default thereof by any other who shall inform the same that then and in every such case the Officer or Officers so offending shall for the first offence be by the said Iudge forthwith committed to the Compter there to remain till he shall have paid down the sum of Five pounds the one Moiety to the party grieved or in default of Information to be given by him or them as aforesaid then to such other person or persons who shall inform the same to the said Court over and besides such remedy as the said party grieved may have by his or their Actions at Law against the said Officers or any of them for any of the Defaults aforesaid and the other Moyety to the relief of the poor Prisoners in such of the said Compters wherein the said cause is or shall be entered And if any of the said Officers after he or they shall have been once convicted of any of the Offences aforesaid shall presume to offend in any of the said Cases the second time and be thereof convicted as aforesaid That then and in every such Case the said Offender over and above all other penalties herein above limited and appointed shall be ipso facto absolutely discharged from his said Office and the Sheriffs of the City for the time being are hereby impowred and required to nominate and present to the Court of Aldermen some other fitting persons to be by them admitted in his or their places as if the persons so offending and convicted as aforesaid were naturally dead Provided always that no Informer shall be intituled to the moiety of the said Five pounds unless the said Offender shall be convicted by the evidence of one or more persons indifferent and unconcerned to the profit or prejudice coming by the default of the said Officer Ever since the making of this Act my Lord Major's Warrant for removing Causes out of the Sheriffs Court into this Court hath been obeyed but as for the other matters they are not observed by the Attorneys in the Sheriffs Court which is the reason of the great Charge Plaintiffs and Defendants are compelled to pay to try Causes in that Court In all Attachments the person whose Moneys or Goods is attached is called the Defendant in the Attachment and the person in whose hands the Attachment is made is called the Garnishee And if the Plaintiff in the Attachment shall obtain a Verdict and Judgment for the Moneys or Goods attached in the Garnishees hands yet the Defendant in the Attachment may at any time before satisfaction acknowledged upon Record put in Bail to the Plaintiffs Action upon which the Attachment is grounded and thereby discharge the Judgment and all the Proceedings against the Garnishee and although the Garnishee be taken in Executâ—on upon any such Judgment yet if Bail shall be put in by the Defendant in manner as aforesaid before the Money shall be paid the Garnishee will be immediately discharged If an Attachment shall be made for Goods only and the Garnishee plead he had no Goods in his hands at the time of the Attachment or at any time after and the Plaintiff prove the Goods attached or any part of them in his hands the Jury in such case must find for the Plaintiff and say what Goods they find in the Garnishees hand whereupon Judgment must be entered as followeth Ideo considerat ' est quod fiat appretiatio And thereupon a Precept must be made and directed to one of the Officers of this Court to appraise the same Goods and if the Garnishee shall not produce them the Officer must return an Elongavit which is that the Garnishee hath conveyed the Goods out of the Liberties of this City The next Court-day for Trials after such return made a Jury must be sworn to enquire of the value of the Goods found by the former Jury to be in the Garnishees hands and Judgment must be entered for the value according to the Verdict of such Jury Note That upon Attachments no Costs are allowed to either party let the Verdict be for or against the Plaintiff The day for Trials in this Court is every Tuesday but every day is a Court for entering Proceedings as Appearances Rules Pleas and Judgments except Holy-days the week before Easter the first three weeks in August and from the Sixteenth of December till the Munday after Twelfth-day After Judgment obtained by the Plaintiff against the Garnishee upon any Attachment the Plaintiff must before Execution is awarded find Sureties who must undertake for the Plaintiff that if the Defendant in the Attachment shall within a year and a day then following come into Court and disprove or avoid the Debt demanded against him by the Plaintiff that then the Plaintiff shall restore to the Defendant the moneys by the Plaintiff attached and condemned in the Garnishees hands or so much thereof as shall be disproved or else that they will do it for him and then Execution will be granted against the Garnishee for the Moneys mentioned in the Judgment If A. attaches Money in the hands of B. as the Moneys of C. and in truth B. hath no Money in his hands belonging to C. but expects to receive the Moneys of B. some short time after in such Case B. after four Defaults passed which is usually in four days may discharge the Attachment by coming into Court personally and giving a Rule to declare upon his Attachment and if A. do not declare in three days following then Judgment will be entered against A. to dischage the Attachment But if A. do declare then B. may presently plead he had no Moneys in his hands at the time of the Attachment or at any time since and put the Plaintiff to prove any Moneys in his hands or else B. may discharge the Attachment by waging his Law Note That the Plaintiff shall not give evidence of any Moneys that came to the Garnishees hands after the time of the Plea The manner of waging Law to an Attachment is thus THe Garnishee must come into Court and there take the following Oath viz. You shall swear that at the time of the Attachment made which was the day of last past between the hours of Nine and Ten in the Forenoon of the same day or at any time since you had not owed nor did detain nor
knowledge When the Inventory is so exhibited the Executor must become bound in a considerable Penalty either to bring in the money that shall appear due to the Orphants by such Inventory or within two Months or within that time to give good Security to pay the same into the Chamber of London for the use of the Orphants when they shall come to age or be married The Condition of a Bond to bring in Money or to give Security is as followeth THe Condition of this Obligation is such That if the above bound A. M. do and shall within two Months now next ensuing bring or cause to be brought into the Court of our Sovereign Lord the King holden before the Major and Aldermen of the City of London for the time being in the Chamber of the Guildhall of the same City good and sufficient Sureties to be bound for the true and sure payment of the Orphanage and Legatory portions due and belonging unto the Children and Orphants of the said E. M. deceased at the time of his death by the Laws and Customs of the City of London or by the last Will and Testâ—â—meâ—t of the said Testator or else do or shall pay or cause the same to be paid into the Chamber of London to the use of the same Orphants and do and shall from time to time and at all times hereafter within one Month next after warning or notice to her given or for her left in writing at the now dwelling House of J. W. situate in Cornhill London bring or exhibit into the Court aforesaid a true and perfect Accompt in writing upon her Corporal Oath of all and singular the sperate doubtful and desperate Debts whatsoever that were due and belonging unto the said E. M. at the time of his death as shall come to her hands or to the hands or custody of any other person or persons to her use or by her appointment And upon like notice to her to be given or for her to be left in writing as aforesaid bring or cause to be brought into the Court aforesaid good and sufficient Sureties to be bound for the true and sure payment of so much mony as upon every such Accompt shall appear or be found due or belonging to the same Orphants or else do and shall pay or cause the same to be paid into the Chamber of London to the use of the same Orphants without fraud or covin then c. or else c. If the Executor pay the money into the Chamber of London the Court of Aldermen usually allow 5 l. per Cent. Interest for so much of the Testator's Estate as is due to the Orphants by the Custom of London so as the same exceed not 500 l. and for Legacy money 3 l. 6 s. 8 d. per Cent. If the Executor shall not think fit to pay the money into the Chamber he must become bound with three Sureties to the Chamberlain of London for the time being in one or more Recognizances or else by Bond to pay the money due to Orphants and in case the Security live within the Liberties of London they must be bound by Bond. Note that if the Sum be 900 l. the Security must become bound by three Recognisances each for the payment of 300 l. the Custom being never to make any Recognizance touching Orphants of greater Penalty than 400 l. and not for the payment of above 300 l. The Condition of every Bond that is for Security of Orphants Portions is as followeth THe Condition of this Obligation is such That if the within bound S. D. T. G. W. G. and J. Y. or any of them their or any of their Executors or Administrators do and shall well and truly pay or cause to be paid in the Court to be holden before the Major and Aldermen of the City of London for the time being in the Chamber of the Guild-hall of the same City to the within named Sir T. P. Chamberlain of the City of London or his Successors Chamberlains of the same City for the time being 100 l. of lawful Money of England to and for the use and behoof of K. the Daughter and sole Orphant of W. D. late Citizen and Mercer of London deceased at such time as the said Orphant shall attain to her full Age of 21 years or be married to the said Orphant belonging out of the Goods Chattels Rights and Credits of her said Father by the Laws and Customs of the City of London or by his last Will and Testament or otherwise And if it shall happen in the mean time before the said Money shall be fully paid as aforesaid that the said Orphant shall dye and depart this mortal life then if the said S. D. T. G. W. G. and J. Y. or any of them their or any of their Executors or Administrators do and shall within one Month next after the death of the said Orphant pay or cause to be paid into the Court aforesaid to the Chamberlain of the City aforesaid for the time being the Sum of One hundred pounds so due and belonging to the said Orphant to the intent the same may be disposed where of right the same shall appertain And further if the said S. D. T. G. W. G. and J. Y. or any of them their or any of their Executors or Administrators do and shall until the said Money shall be fully paid as aforesaid find and provide or cause to be found and provided unto the said Orphant Meat Drink Apparel Linnen and Woollen and all other Necessaries to the said Orphant meet and belonging And do not in the mean time willingly permit or suffer the said Orphant to be married cloyned bound Apprentice or by any other ways or means to become bound without the special licence and consent of the Major and Aldermen of the City aforesaid for the time being first obtained And if it shall happen that the said S. D. T. G. W. G. and J. Y. or any of them shall dye and depart this mortal life or grow into poverty or insufficiency in their or any of their Estate or Estates before the said Money shall be paid as aforesaid Then if the said S. D. T. G. W. G. and J. Y. or any of them their or any of their Executors or Administrators do and shall within one Month next after such dying decaying growing into poverty or insufficiency in their or any of their Estate or Estates as aforesaid bring or cause to be brought into the Court aforesaid to be holden before the Major and Aldermen of the City aforesaid for the time being such and so many other good and sufficient Surety and Sureties as the same Court for the time being shall accept and allow of who shall and will then and there become bound to the Chamberlain of the City aforesaid for the time being in manner and form and every condition Mutatis Mutandis as in these Presents contained in the stead or place of him or them so dying or
then the said Orphan or Orphans or every of them shall forfeit and lose three shillings for every pound due or to be due unto her or them by virtue of any Orphanage or Custom had or used within the said City one shilling of the said three shillings of every pound to go or to be to the use of the Chamber of the said City in such manner and form as is aforesaid and the other two shillings so forfeited of every pound to go to the use of such other Orphan or Orphans as then shall remain unmarried or else for default of such Orphans or Orphan to remain to the next of the Kindred of the Orphan so offending Also be it further Enacted Ordained and Established by Authority aforesaid for and in discharge of divers Variances Contentions and Suits that daily heretofore have and hereafter may ensue That if a Freeman's child man or woman fortune to be married hereafter in the life time of his or their Father by this consent and not fully advanced of and to his and her full part or portion of his or her said Fathers Goods as he shall be worth at the time of his decease according to the ancient Laws and Customs of the said City That then every such Freemans child so being married in the life time of his or her Father shall be to all intents and purposes disabled to demand any further part or portion of his or her Fathers Goods after the decease of his or her Father but shall be adjudged reputed or taken to be fully advanced according to the Law and Custom of this City and hath been long time out of mind except his or her said Father do mention certainly in the last Will or Testament or by some other writing signed with his own proper name or mark the certainty of the sum or sums Goods or Chattels and the value of them that the Father gave paid or departed withal or otherwise assured or hereafter shall give pay depart withal or otherwise make assurance of unto him or her before at or after the marriage of him or her or otherwise in his life time for and towards their advancement in the name of his or her part or portion and then every such Orphan or Child which after the decease of his or her said Father can bring forth the said Testament or other Writing signed or marked with the Fathers hand or mark wherein the certainty of such Money Goods or Chattels as they gave or shall have received of their said Father or by the same Father assured by Specialty or otherwise shall have as much more of the ready Money Goods Chattels and Debts of the said Father as with that which he or they shall have received towards their advancement in the life of the said Father shall make up a full childs part of his Goods and Chattels as he shall be worth at the time of his decease the same to be demanded asked and claimed or sued for against the Executor or Executors Administrator or Administrators of the Goods and Chattels of the said Father by Bill original to be commenced in our Sovereign Lord the King's Court holden in the utter Chamber of the Guildhall of the said City before the said Lord Major and Aldermen of the same City for the time being any Law or Custom heretofore made or used to the contrary notwithstanding In which Action no wager of Law or Essoin shall be admitted or allowed Provided always and it is further enacted That if any Freemans Son being of full age which shall hereafter be married with the consent of his Father or any other person being of full age which shall hereafter marry any Freemans Daughter do at the time of the Espousals or at any time after confess themselves by writing fully satisfied of his or their portions or do otherwise or discharge the said Father of such Sons or Daughters of all their part and portion due or to be due by the Law and Custom of the City that then every such person so confessing acquitting or otherwise discharging shall be reputed and taken as fully advanced of his or their whole part or portion and shall not be able to demand any further or greater part of the Substance Goods and Chattels of his or her Father this Law or any other Law or Custom heretofore made or used to the contrary notwithstanding And further Forasmuch as it is thought very prejudicial and hurtful to the Fatherless Children and Orphans when the Mother or Mother-in-law being Executor of the last Will and Testament of her late Husband by whom and after whose death the Orphans are entituled to an Orphanage according to the laudable Customs and Ordinances of this City do divers times marry or contract Matrimony some with forreigners and persons unknown and some with Freemen before a just Inventory of the Goods Chattels Plate Iewels and ready Money of the Testators be by them brought in by reason whereof many times they either for fear or affection of their Husbands or for some other sinister cause do bring in very suspicious Inventories omitting therein either ready Money Plate Iewels or Debts or some other thing or things whereby some benefit should redound to the Fatherless children to the great loss and hinderance of the Orphans and sometimes slander to the Lord Major and Aldermen of this City notwithstanding the great care and travel that they take for the good ordering and true answering of the said Orphans It is therefore by like Authority ordained established and enacted That if after the First day of November next ensuing any Widow which is or shall be made Executor of the Testament and last Will of her late Husband being a Freeman or shall take upon her the Administration of the Goods and Chattels of her late Husband being a Freeman do not upon her Oath bring in and exhibit or cause to be brought in or exhibited before the Lord Major and Aldermen of this City for the time being at and in a Court of Aldermen a just and perfect Inventory to their knowledge of all the Goods Chattels Plate and Iewels ready Money and Debts as were her said Husbands at the time of his death appraised according to the Law of the said City before she do ensure herself in marriage or contract marriage or else according to the Laws of the Realm do perfectly solemnize or consummate marriage with any person before such time as aforesaid that then every person so offending shall forfeit and lose eight shillings of every pound of her portion of the Goods of her late Husband due to her by the laudable Customs of the said City the same to go to the use of such Orphan or Orphans as then shall be intituled to have or demand any Orphanage or Portion after the death of his or her late Father the same so demanded asked claimed or sued against such Executor or Administrator and by Bill original of Debt to be commenced in our
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
contrary to the said ancient usage and in contempt of the said Majors Court upon several new pretences never heard of till of late time whereby Clients are necessitated where they have cause to appeal to Equity to remove their Suits out of London whereas they might otherwise be relieved in the Lord Majors Court with far less Charge and greater Expedition For remedies whereof it is ordained enacted and established by the Lord Major Aldermen and Commons in this Common-councel assembled and by the Authority of the same That at all times hereafter the said Warrant of Levetur Querela under the Hand of the Lord Major or Recorder of the City of London for the time being for removing of any Plaint Attachment or other cause or causes levied or depending in either of the Sheriffs Courts of this City into the Majors Court being brought by a Serjeant at Mace and Minister of the Majors Court to the said Sheriffs Court either at the Guild-hall or Compter at any time before the Iury or any of them shall be sworn for Trial of such Cause or Causes shall be presently obeyed and allowed of And that neither the Iudge nor any Clerk or Officer of either of the said Sheriffs Courts do at any time hereafter presume to reject or disallow of any such Levetur Querela so brought or tendered unto him or them upon any pretence whatsoever other than in case of a further Order or Warrant under the hand of the Lord Major or Recorder for the time being in that behalf first had and obtained as anciently hath been used and accustomed And to prevent the daily inconveniences happening in Suit now depending or hereafter to be depending in the Courts of the said Sheriffs by reason of the great delays they meet with there by putting off of Causes under pretence of continuances entered by the Attorneys on both sides for the most part at the very time they should be Tried without the consent of the Parties Clients contrary to the ancient practice and usage of the said Courts whereby the Clients is delayed Witnesses and Iurymen discouraged by frequent and fruitless attendances to the intolerable expence of the Suitors For the preventing hereof for the future Be it enacted by the said Lord Major Aldermen and Commons in Common-councel assembled and by Authority of the same That no Cause or Causes in either of the Sheriffs Court be at any time hereafter from and after Issue joyned put off from Trial by pretence of any such Continuances entered or hereafter to be entered by consent of the Attorneys on either part but upon motion thereof first made in open Court and for some just and reasonable Cause to be shewed and allowed upon Oath before the Iudge of the same Court and upon payment of such Costs to the Party thereby delayed as the Court shall see cause to tax and allow And that no Clerk do henceforth presume to enter any Continuance in any Cause summoned for Trial without the special order and direction of the Iudge of the Court in that behalf first had as aforesaid And that no Fee be henceforth demanded taken or allowed by or to any of the Attorneys of the Sheriffs Courts aforesaid for or in respect of the putting off of any Trial under the pretence of such Continuance entered or hereafter to be entered as aforesaid upon pain that every Attorney so demanding taking or receiving shall for every such Offence for the first time forfeit the Sum of Five pounds and for the second to be finally discharged of and from his place of Attorney in the said Sheriffs Courts And to prevent the great mischiefs now daily growing and encreasing in the said Sheriffs Courts by excessive Costs taxed upon Iudgments there given by the consent for the most part of the Attorneys of both sides contrary to the usuage of all former Ages Be it enacted by the said Lord Major Aldermen and Commons in this Common Councel assembled and by the Authority of the same That no Bill of Costs exceeding the sum of Four and twenty shillings for the Trial of a Grand Iury Cause or exceeding the sum of Twenty two shillings for the Trial of a Petty Iury Cause shall at any time hereafter charge the Client of either side Nevertheless it shall and may be lawful for the Iudges of the said Courts respectively for good and reasonable cause shewed to them respectively by the parties of either side upon due examination of the circumstances of the Case in the presence of both parties to encrease the said costs of Suit by their discretions by a special Rule of Court to be entered for that purpose expressing the cause why such costs are so increased And upon complaint made by any person of greater charges then as aforesaid and producing the Bill under the Attorneys hand or other Witness that the respective Iudges of the same Court punish the Offender and relieve the party grieved according to their good discretions and the Rules aforesaid And that no Officer of either of the said Courts shall presume to make out Execution upon any Iudgment wherein the costs of Suit shall exceed the sums aforesaid respectively without such special Rule as aforesaid to warrant the same on pain to forfeit for his first Offence Five pounds to the relief of the Prisoners of that Compter wherein the Action shall be entered and for the second default to be expelled the Court for ever And to prevent the daily abuse of the Serjeants and Yeomen of the Sheriffs sometimes in permitting persons Arrested by them to go at large without Bail sometimes in keeping them in Alehouses or some other private places and not returning the Process in due time by which the parties were Arrested so that the Plaintiff is delaied and the Prisoner by the extorsion of the said Serjeants and Yeomen oftentimes put to a greater expence than will discharge the original cause of Action and sometimes by discharging persons by them duly Arrested without causing the Actions wherein they were so Arrested to be withdrawn although they take Money from the Defendant sufficient to do the same with and sometimes in not duly returning Executions by them executed or by discharging persons taken in Execution before satisfaction be entered upon Record whereby the said persons are oftentimes doubly charged for the same Debt Be it therefore enacted by the Authority aforesaid That the Serjeants and Yeomen of the said Sheriffs and every of them shall from time to time and at all times hereafter make due return into the said Sheriffs Courts of all the Precepts of the said Courts to them to be directed at the next Court after the Execution of the same Precepts and that all persons by them to be Arrested by virtue of the said Precepts or any of them shall be either delivered upon good and sufficient Bail or in default thereof by him or them committed to some of the persons within the said City at or before the next
decaying growing into poverty or insufficiency in Estate or Estates as aforesaid And lastly if the said S. D. c. or any of them do yearly appear before the Major and Aldermen of the City aforesaid for the time being in the Chamber of the Guildhall of the same City on Munday next after Midlent Sunday That then c. or else c. The Lord Major and Court of Aldermen do meet at Guildhall and sit in the Orphants Court there once in every year viz. on the Munday morning after Midlent Sunday purposely to hear the Names of all the Securities that stand bound for Orphants Portions called over and therefore that day is termed Call-day upon which day one of every of the Sureties ought to appear to give an account whether the other Securities are living and in good condition and whether the Orphants are living and married If none of the Security appear upon that day they forfeit their Recognizances and Bonds and the Clerk of the Orphants in such case must make out Process against the Security and force them to give the Accompt above required and pay the Charges of the Process The Security must take particular care that none of the Orphans marry or be put Apprentice with their consents without the leave of the Court of Aldermen first obtained for that purpose And as the Orphans come to be of the age of One and twenty years or shall be married with the consent of the Court of Aldermen they must take care to bring them to Guildhall with a person to prove the age of such Orphan and then the Orphan must acknowledge satisfaction for the Money due to him or her of the Testators Estate which must be done in the Court of Aldermen but one of Mr. Common Sergeant's Clerks must first draw up a Note to this or the like effect J. B. Parish-Clark and Register of All-hallows Lumberstreet London is come to prove unto this Honourable Court upon his Corporal Oath That R. B. one of the Sons and late Orphans of R. B. late Citizen and Mercer of London deceased is of the full Age of 21 years And the said R. B. the Son is come to acknowledge satisfaction to this Honourable Court for 500 l. growing due unto him for his own part and portion of the Goods Chattels Rights and Credits of the said R. B. his late Father deceased by the Laws and Customs of the City of London If a Freeman leaves Lands and Tenements to his Children the Executor must become bound with Sureties to accompt for the Rents and Profits of such Lands with Condition as followeth The Condition of a Bond to Accompt for Rents c. THe Condition of this Obligation is such That whereas A. W. Executor of the last Will and Testament of J. W. late Citizen and Skinner of London deceased is by order of the Court of Orphans holden before the Major and Aldermen of the City of London appointed to receive the Rents Issues and Profits of certain Lands Messuages and Tenements in the Parish of B. in the County of M. which are bequeathed to R. the Son and Orphan of the said J. W. in and by the last Will of the said J. W. when the said Orphan shall attain the Age of 21 years If therefore the said A. W. her Executors or Administrators do and shall from time to time and at all times hereafter until the said Orphan shall attain the Age of 21 years well and truly pay or cause to be paid the yearly Rent of 10 l. reserved in the Grants or Leases of the same Lands and Messuages according to the Covenants of the same Leases And also do until the said Orphan shall attain the aforesaid Age keep and maintain the said Messuages and every of them in good repair And do and shall convey assign and assure unto the said Orphan when he shall attain the full Age of 21 years the same Lands and Messuages and every of them discharged and freed from all Rent or Rents in the said Leases or Grants reserved and from all and all manner of Forfeitures and Rentries and well and sufficiently repaired and sustained And if the said A. W. her Executors or Administrators shall not do any act or acts thing or things whereby the said Orphan shall not enjoy the said Land and Messuages at the said Age of 21 years without incumbrances from her them or any of them That then c. or else c. WHen any Orphan is of full Age and shall acknowledge satisfaction in the Court of Aldermen for all Moneys due to him or her The same Court upon motion made by Mr. Common Sergeant doth constantly order That all Bonds entered into for the payment of such Orphans Portion shall be delivered up and cancelled and if the Security became bound by Recognizances the Clerk of the Orphans will cross and discharge such Recognizances for which his Fee is 2 s. upon each Recognizance The Chamber of London is accounted the safest and best Security in or about London for the Moneys paid therein to the use of the City or any Orphan is constantly repaid upon demand without any trouble And when Orphans come to Age or be married with the consent approbation of the Court of Aldermen they may receive their Portions if paid into the Chamber at an hours notice although the sum shall be Ten thousand pounds or more Mr. Chamberlain or his Clerks attending daily for that purpose The Interest or finding Money is constantly paid as it becomes due and the Court hath always taken great care that every Orphan shall receive his and her Portions out of the Chamber of London without paying any other or greater Fees then hath been anciently taken and if any Officer exact or take any other Fees the Parties will upon their application and evidence of the Fact to the Court of Aldermen have remedy and all just relief against the Offenders Mr. Common Sergeant keeps his Office in Guildhall-yard near St. Lawrence's Church and constantly attends to dispatch all persons that are concerned for Orphans and will not permit any Fees to be taken for any business to be done by virtue of his Office more then hath been paid time out of mind and if any of his Clerks exact any greater Fees he will upon complaint cause satisfaction to be given to the Party grieved The Widow of every Freeman if she shall be Executrix or Administratrix of her Husbands Estate ought by the Custom of London to exhibit a true Inventory of her Husbands Estate into this Court before she contract Marriage otherwise the Court of Aldermen may impose a reasonable Fine upon such Executrix or Administratrix to the use of the Orphans of such Freeman To prevent abuses that sometimes happen to Freemens Estates in prejudice of Orphans by Executrixes and Administratrixes not giving an Inventory in due time after the Testator's decease The Court of Aldermen have made an Order not to allow any finding Money or
Sovereign Lord the King's Court aforesaid any Law or Custom heretofore had made or used to the contrary notwithstanding In which Action no wager of Law or Essoin shall be admitted or allowed THis Law or Act is called Judd's Law and is not repealed but the Lord Major and Aldermen have sometimes for especial reasons thought fit to dispence with the same Act in favour of Orphans that have sought relief against the Penalties therein mentioned By the Custom of London a Freeman's Widow may require a third part of his personal Estate after his Debts paid and Funeral Charges discharged besides her Widows Chamber furnished and his Children may require another third part thereof and the Freeman may by his last Will give away the other third part of his Estate either to his Wife or any of his Children or any other person whatsoever but if he shall have no Children then his Widow may require a Moiety of his personal Estate after Debts paid together with her Widows Chamber furnished And if a Freeman shall make his Will contrary to this Custom and give away more then a third of his Estate from his Wife and Children they may be relieved against such Will by exhibiting their Bill in this Court against the Executor of such Freeman and so much of his Will as shall be contrary to the custom will be declared void and of no effect If a Freeman shall in the time of his last sickness give and deliver any part of his Goods Chattels or Moneys to his Wife or Child or any other person with intent that such person shall keep the same Moneys or Goods to his or her own use Such Gift is against the Custom of London and the Moneys or Goods so given shall be accounted part of the Estate that belonged to such Freeman at the time of his death and may be recovered by Bill in this Court For a Freeman cannot in the time of his sickness whereof he shall dye give away any part of his Estate otherwise then by his last Will. If an unfreeman or any other person shall by his Will give a Legacy to an Orphant the Court of Aldermen may compel the Executor of such unfreeman to pay the Money bequeathed into the Chamber of London or give Bond to pay the same according to the purport of the Will If a Freeman dye without a Will and leave a Wife and Children Administration of his Estate will be granted to his Widow and she will claim a third part of his Estate by the Custom of London and one third must be divided amongst his Children and the other part thereof must be divided between the Wife and Children and usually the Widow is allowed two thirds of the Freemans third part and the Children one third thereof If a Freeman shall give part of his Estate to any of his Children in life time in marriage or otherwise and afterwards die and make a Will and give away his Estate to his other Children and shall declare that the Child he so disposed in marriage had received 500 l. or more of his Estate and was thereby fully advanced such declaration shall not bar the person so married but he or she may recover an equal share with the other Children of the personal Estate that belonged to such Freeman at the time of his death but then such person must bring in the Money received of his Father in his life time and reckon it part of the Estate left by such Freeman at his death and such bringing in the Money is called bringing it into Hotchpott If a Freeman shall settle or make over any part of his Estate to the use of his Children with design to defraud his Wife of her full third part the Widow may after his death set aside such Settlement by a Bill in this Court When an Inventory is exhibited in this Court and the Orphants can prove any Goods omitted or undervalued or any Debts charged to be owing from the deceased which were not real and just Debts in such case the Clerk upon complaint made will summon a Jury to enquire whether the Inventory so exhibited be a true and perfect Inventory or not And if the Jury find any omissions undervaluations or surcharges then the same Clerk will sue the Executor upon the Bond he gave for exhibiting an Inventory and will thereby compell him to make good to the Estate so much as shall be found by the Jury to be omitted undervalued or surcharged unless he can by proof discharge himself thereof before the Court of Aldermen who upon application made by any Executor will examin into the Accompts of such Executor and do right to all parties without any expence to the Executor or the Orphants When it shall appear by any Inventory that many Debts are standing out due to the deceased the Court of Aldermen do constantly compel the Executor to give Bond to render a true Accompt from time to time when he shall be thereunto required the Condition of which Bond is as followeth The Condition of a Bond to Accompt THe Condition of this Obligation is such That if the above bounden A. B. do at all and every time and times hereafter within One month next after warning to him to be given or for him to be left in writing at the now Dwelling-house of R. B. situate in Cornhill in London bring and exhibit into the Court of our Sovereign Lord the King to be holden before the Major and Aldermen of the City aforesaid for the time being in the Chamber of the Guildhall of the same City a true and perfect Accompt in writing upon his Corporal Oath of all and singular the sperate doubtful and desperate Debts whatsoever which were due and belonging to R. R. late Citizen and Grocer of London deceased at the time of his death as shall come to his hands or custody or to the hands or custody of any other person or persons to his use or by his appointment and upon like notice to him to be given or for him to be left in writing as aforesaid bring or cause to be brought into the Court aforesaid good and sufficient Sureties to be bound for the true and sure payment of so much Money as upon every such Accompt shall appear or be found due or belonging to the Children and Orphants of the said R. R. or else do and shall pay or cause to be paid into the Chamber of London to the use of the same Orphants so much Money as upon every such Accompt shall appear or be found due or belonging to the same Orphants That then c. or else c. It is usual once in Twelve months to summon the Executor to give an accompt and if upon the exhibiting thereof it shall appear that any Money is due to the Orphants the Executor must either pay the same Moneys into the Chamber of London or give good Security to pay the same which if he omit or refuse his Bond will
Inducted and Admitted into the Parish aforesaid and hath for that time officiated and preached as Incumbent and Parson of the said Parish in a convenient place within the said Parish nominated and appointed by the Lord Bishop of London And whereas an Assessment of Ten shillings per Annum hath been duly made upon a certain House called or known by the Name or Sign of the Bull within the said Parish now and for two years last past inhabited by R. B. towards the raising of the Maintenance of the said A. B. the said present Incumbent of the said Parish according to a late Act of Parliament Intituled An Act for the better Settlement of the Maintenance of the Parsons Vicars and Curates in the Parishes of the City of London burnt up by the late dreadful Fire there And whereas I am informed that the sum of Ten shillings is due and payable to the said A. B. Incumbent and Parson of the said Parish for four quarters payment of the said Rate and Assessment at the Feast of the Annuntiation of the blessed Virgin Mary last past before the date hereof And forasmuch as Oath hath been this day made before me Sir J. S. Lord Major of the City of London by C. W. he being the person appointed to collect the said Assessment that he hath lawfully demanded the said Ten shillings at the said House whereat the same is payable And that the said R. B. the said Inhabitant of the said House in the Parish aforesaid doth refuse and neglect to pay to the said A. B. the said present Incumbent of the said Parish the said sum of Ten shillings to him payable as aforesaid These are therefore in his Majesties Name streightly to Charge and Command you the said C. W. being the person appointed to collect the same with the Assistance of a Constable in the day time to levy the said sum of Ten shillings so due and in arrear and unpaid of the said Assessment on the House aforesaid by Distress and Sale of the Goods of the said R. B. restoring unto him the Overplus of such Goods over and above the said Ten shillings and the reasonable Charges of making the said Distress according to the said Act in such case made and provided And these are further in his Majesties Name streightly to Charge and Command all and every the Constables within this City and Liberties thereof to be aiding and assisting unto the said C. W. in the due execution hereof and this shall be your Warrant Dated c. To C. W. and all every or any of the Constables within the City of London and Liberties thereof The Lord Major for the time being may grant a Warrant under his Hand and Seal to examine and try Weights and Measures which is usually done in these words viz. Lond ' ss WHereas great Abuses are and have been committed in the City of London and Liberties thereof by using and keeping unlawful unsealed and unsized Weights and Measures which are found to be very false and deceitful and not warrantable by his Majesties Laws to be used in buying and selling And whereas many persons Inhabitants within this City and Liberties thereof as I have been informed do ordinarily use Weights called or known by the name of Venice Weights not allowed or appointed by the Laws of this Realm nor by any other lawful Authority and do usually buy by one Weight and sell by another These are to authorize and appoint you and either of you my lawful and sufficient Deputies at all and every time and times fit and convenient peaceably and quietly to enter into all Shops Houses Warehouses and other places whatsoever within this City Liberties thereof where any Beams Weights Measures Yards Ells Sacks for Charcoals and such like shall be suspected to be and there to try and search all manner of Beams Weights Sacks for Charcoal and Measures whatsoever whether they be true just sealed and sized as by the Laws and Statutes of this Land they ought to be and if you or either of you shall find any false Beams or any unlawful unsealed or unsized Weights Sacks or Measures That then you bring the same or cause the same to be brought to Guildhall there to remain until Order shall be taken for the defacing or otherwise disposing thereof and certifie me the Names and Sirnames and dwelling places of the Offenders to the end they may be dealt withal as to Iustice shall appertain and as the Law requireth And also if you or either of you do find any of the said Sacks of Charcoal that shall not be well and sufficiently filled that then you or either of you do cause the said Sacks to be set upright and filled out of the rest of the said Sacks according as is directed and appointed that so the people of this City may not be deceived therein And I do hereby require in his Majesties Name to Charge and Command all and every the people of this Nation resorting to and inhabiting in this City or Liberties thereof who have used or do use or shall have any cause to use Weights or Sacks for Charcoals or Measures that they do not in any wise hereafter use any but those that are or shall be just and true and that they do not in any wise from henceforth hinder or withstand my said Deputies or either of them in the due Execution of the Premisses And I do hereby require all Constables Serjeants at Mace and Beadles of the Ward and other Officers and Ministers whatsoever within the said City and Liberties thereof that they be aiding and assisting to my Deputies J. M. and G. M. Citizens and Weavers of London and either of them in the due and lawful Execution of the Premisses as they and every of them will answer the contrary if they shall fail or refuse to do that which shall be lawfully required of them in that behalf Dated c. To J. M. and G. M. and to either of them The Lord Major and Aldermen may if they please punish all Constables and others that shall neglect to Watch pursuant to an Act of Common Councel made in the Majoralty of Sir John Robinson Intituled An Act for the better ordering of the Night Watches within the City of London and Liberties thereof which followeth in these words WHereas by the ancient good and laudable Custom of the City of London all and every person and persons which do dwell occupy or inhabit in any House or Houses within the same City or the Liberties thereof as well such as are not free of the said City as other the Freemen of the same being persons able and fit to watch or to find an able and fit person to watch for him her or them or in his her or their stead ought by reason of their habitation occupation and dwelling to keep watch within the Ward wherein he she or they do occupy and inhabit for the preservation of the King's Peace and for
Christian So help me God c. I A. B. Do declare and believe that it is not lawful upon any pretence whatsoever to take Arms against the KING And that I do abhor that Traiterous Position of taking Arms by his Authority against his Person or against those that are Commissioned by him So help me God And farther that you likewise administer to the same Persons that shall be so elected of the Common Councel to be by them subscribed the ensuing Declaration I A. B. Do declare That I hold that there is no Obligation upon me or any other Person from the Oath commonly called The Solemn League and Covenant 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 the Kingdom For that otherwise if the said persons or any of them that shall be elected as aforesaid of the common Councel shall not take the said Oaths and subscribe the said Declaration their Election and Choice is by the late Act of Parliament for the Governing and Regulating of Corporations enacted and declared to be void 6. Constables Scavengers Beadle Raker And that also in the said Wardmote you cause to be chosen certain other honest persons to be Constables and Seavengers and a Common Beadle and a Raker to make clean the Streets and Lanes of all your said Ward according to the Custom yearly used in that behalf which Constables have and shall have full power and authority to distrain for the Salary and Quarterage of the said Beadle and Raker as oftentimes as it shall be behind or unpaid 7. Roll of Names Also that you keep a Roll of the Names Sirnames Dwelling-places Professions and Trades of all persons dwelling within your Ward and within what Constables Precinct they dwell wherein the place is to be specially noted by Street Lane Alley or Sign 8. Constables Also that you cause every Constable from time to time to certifie unto you the Name Sirname Dwelling-place Profession and Trade of every person who shall newly come to dwell within his Precinct whereby you may make and keep your Roll Roll. perfect And that you cause every Constable for his Precinct to that purpose to make and keep a perfect Roll in like manner 9. Inholder Lodger Sojourner Also that you give special charge that every Inn-holder and other person within your ward who shall receive any person to lodge or sojourn in his house above two days shall before the third day after his coming thither give knowledge to the Constable of the Precinct where he shall be so received of the Name Sirname Dwelling-place Profession and Trade of life or place of service of such person and for what cause he shall come to reside there And that the said Constable give present notice thereof to you And that the said Inn-holder lodge no suspected person Suspect persons or men or women of evil Name 10. Search Also that you cause every Constable within his Precinct once every month at the farthest and oftner if need require to make diligent search and inquiry what persons be newly come into his Precinct to dwell sojourn or lodge And that you give special charge that no Innholder or person shall resist or deny any Constable in making such search or inquiry but shall do his best endeavour to aid and assist him therein 11. Frank pledge And for that of late there is more resort to the City of persons evil-affected in Religion and otherwise than in former times hath been You shall diligently inquire if any man be received to dwell or abide within your Ward that is not put under Frank pledge as he ought to be by the custom of the City and whether any person hath continued in the said Ward by the space of one year being above the age of twelve years and not sworn to be faithful and loyal to the Kings Majesty in such sort as by the Law and Custom of this City he ought to be 12. Beadle To all these purposes the Beadle of every Ward shall employ his diligence and give his best furtherance 13. Stocks c. Also you are to take order that there be provided and set up a pair of Stocks and a Whipping Post in some convenient place in every Parish within your Ward for the punishing of Vagrants and other Offenders 14. Fire Also that you have special regard that from time to time there be convenient provision for Hooks Ladders Buckets Spouts and Engines in meet places within the several Parishes of your Ward for avoiding the peril of Fire 15. Streets Also that the Streets and Lanes of this City be from time to time kept clean before every Church House Shop Ware-house Door Dead-wall and in all other common Passages and Streets of the said Ward 16. Huâ—sters of Ale and Beer And where by divers Acts of Common Council aforetime made and established for the Common weal of this City among other things it is Ordained and Enacted as hereafter ensueth Also it is Ordained and Enacted That from henceforth no Huckster of Ale or Beer be within any Ward of the City of London but honest persons and of good name fame so taken admitted by the Alderman of the Ward for the time being that the same Hucksters do find sufficient surety afore the Major Aldermen for the time being to be of good guiding rule And that the same Hucksters shall keep no Bawdry nor suffer no Lechery Dice-playing Carding or any other unlawful Games to be done exercised or used within their Houses And to shut in their Doors at nine of the clock in the night from Michaelmas to Easter and from Easter to Michaelmas at ten of the clock in the night and after that hour sell no Ale or Beer And if any Huckster of Beer or Ale after this Act published and proclaimed sell any Ale or Beer within any Ward of the City of London and be not admitted by the Alderman of the same Ward so to do or find not sufficient surety as it is above rehearsed the same Huckster to have imprisonment and make fine and ransom for his contempt after the discretion of the Lord Major and Aldermen And also that the said Hucksters suffer no manner of common eating and drinking within their Cellars or Vaults contrary to the Ordinance thereof ordained and provided as in the said Act more plainly appeareth at large We charge you that you put the same in due execution accordingly 17. Measâ—res sealed And also that ye see all Tipplers and other sellers of Ale or Beer as well privy Osteries as Brewers and Inn-holders within your Ward not selling by lawful measures sealed and marked with the City Arms or Dagger be presented and their names in your said Indentures be expressed with their Defaults so that the Chamberlain may be lawfully answered of their amercements 18. Strangers born And also that you suffer no Alien or son of any
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
shall at any time hereafter ship their Draw-nets called Shipping a Stern into their Boats before such time as they have laid forth all their whole Net as they do when they land towards a low water nor that they ship some part of their said Net and land the rest but that from henceforth they shall fulfil and observe that ancient order of landing their Nets as they have heretofore usually done at low water upon the like payment 6. Item That not Fisher-man or other person whatsoever shall use any Spear called an Eel-spear at any time of the year for that they are likewise very great destroyers of Barbels and other kinds of Fish nor shall work with any Bley-net Rugge-net or Smelt-net upon the said water westward farther then Isleworth Church from the Tenth day of March yearly until Holyrood day be past being the Fourteenth day of September upon the like payment 7. Item That no Fisher-man or other shall at any time of the year use or exercise any Flue Trammel Double-walled-net or Hooped-net whatsoever for that they are not only the utter destruction of all breeding Barbels but also a great spoil and hurt to other sorts of the young brood and fry of Fish being with those kind of Nets infinitely destroyed to the general ruin of the River aforesaid upon the like payment 8. Item That no Fisher-man or other shall lay any Weels called Kills in any place of the River from the Tenth of March till the Tenth of May yearly for that all Roches do then shed their spawn nor that no man whatsoever cut any Bull-rushes or other Flaggs or Sedges growing upon the River from Richmond unto the Markstone above Stains-bridge for that they are a great succour and safeguard unto the Fish upon the like payment 9. Item That no Fisher-man or other shall use within the said River of Thames any Wee l called a Lomb or a Mill-pot or any other Engine with the head thereof against the Stream upon pain of forfeiture of Ten pounds and imprisonment at the discretion of the Lord Major Nor that no man whatsoever shall occupy upon the said River of Thames any Nets called Purse-nets otherwise Casting-nets upon the like payment 10. Item That no Fisher-man or others shall be suffered to rug for Flounders either by Ebbe or by Flood at any time of the year between London-bridge and Stran-gate on the South side and Westminster-bridge on the North side but only two casts at low water and two casts at full sea or high water for the safeguard of the fry and brood of Fish and no Flounder shall be taken under the assize of six inches Nor that no Fisher-man or other shall fleet with any Bley-net upon the benches from Whitehall to the Temple-stairs upon high waters from Whitsontide to Bartholomewtide upon like payment 11. Item That no Fisher-man or other person whatsoever shall cast bring or cause to be brought any Carrion Soil Gravel Rubbish Sods of Earth or any other Filth or Annoyance whereby Banks and Shelves are raised and the common passage hindred to the great danger of Fares Boats and Barges passing to and fro upon the said River Nor that no Fisher-man or other shall drive or cause to be driven any Piles Stumps or Stakes within the said River of Thames upon which the like mischief and dangers may arise until such time as they be lawfully licensed so to do upon the like pain and penalty as aforesaid 12. Item That no Fisher-man or other shall presume to take up any Rack or Drifth upon the water of Thames without notice given thereof to the Water-Bailiff or his Substitute within convenient time he satisfying him for his pains as shall be reasonable and thought fitting nor shall conceal and keep secret the said Rack or Drifth from the said Water-Bailiff to the end that such order and care may be taken therein as hath been accustomed according to the Laws and Ordinances ordained for the preservation of the said River upon like payment and penalty 13. That no Fisher-man or other shall fish with any kind of Net or use any Angle-rod with more then two Hooks upon a Line or saw or scratch for Barbel within the Limits of London-Bridge or shall use any other Engine nearer unto the Bridge then St. Botolphs Wharf and the Bridge-house Wharf on the East side nor nearer on the West side then St. Mary Overies Stairs and the Old Swan upon the pain of imprisonment at the discretion of the Lord Major and Sx shillings eight pence to the Chamber of London 14. Item That no Peter-man shall at any time hereafter fish or work with any manner of Net upon the said water Westward farther then Richmond Crane unto which place or near thereabouts the water ebbeth and floweth for that the Fishing beyond that place hath caused a great destruction of Fish upon pain of forfeiture of Twenty shillings for every time they shall so offend and farther punishment according to the quality of his Offence 15. Item It is ordered that no Peter-man shall hereafter at any time of the year take the Tides above Richmond nor go in company together it being found very prejudicial and hurtful both to the River and Fisher-men and nothing available for the furnishing of any Markets nor shall go to fish more then five together in one company between Richmond and London-Bridge upon pain of forfeiting for every time Ten shillings and imprisonment during pleasure 16. Item That no Peter-man or any other take any Flounders or any other short Fish which they have usually called Kettle-fish not being six inches of assize being found to be to the great destruction of the Fish upon the like penalty and pain 17. Item That whereas many inconveniencies have heretofore risen to the River of Thames by divers Fishermens keeping of Boys who had neither sufficiency to take the charge of Fishing nor bound Apprentice to the same Therefore from henceforth it shall not be lawful for any Fisher-man to keep two Boys in one Boat unless the one of them be at mans estate or thought sufficient by the Water-Bailiff to take the charge or else that one of them be an Owner Nor that no Fisher-man from henceforth do take any Apprentice to the said trade of Fishing unless he first enter his name into the Register-Book of the Water-Bailiff of this City kept for that purpose nor under the term of seven years and that after the expiration of his said term he likewise come again before the said Water-Bailiff to be by him admitted a lawful Fisherman as of ancient time hath been accustomed upon like payment 18. Lastly That every Fisher-man upon the River of Thames from London-Bridge unto Stains-Bridge shall once every year viz. upon St. Paul's day being the Five and twentieth day of January appear before the Water-Bailiff of this City at the Chapel of the Guild-hall by Ten of the Clock in the Forenoon of the same day there to enter their several names
come Greeting Whereas our beloved in Christian part the Major and Commonalty and Citizens of our City of London time out of memory of man have had exercised and ought and have accustomed to have and exercise the Office of Bailiff and Conservation of the Water of Thames to be exercised and occupied by the Major of the same City for the time being during the time of his Majoralty or by his sufficient Deputies in and upon and about the water of Thames That is to say From the Bridge of the Town of Stains in the County of Middlesex and towards the West unto London-Bridge and from thence to a certain place called Kendal otherwise Yenland otherwise Yenleet towards the Sea and East and in Medway and in the part of the City of London aforesaid and upon whatsoever Banck and upon every Shore and every Wharf of the same Water of Thames within the Limits and Bounds aforesaid And in upon and about all and every of them And also for all the time aforesaid have had and taken and ought and have accustomed to have and take to their own proper use by the Major of the aforesaid City for the time being during the time of his Majoralty or his sufficient Deputies all wages regards fees and profits appertaining and belonging to the same Office of Bailiff We therefore to the Intent that the said Major and Commonalty and Citizens may more securely freely and quietly use have exercise and enjoy the Office aforesaid and the fees wages regards and profits thereunto belonging to them and their Successors for ever of our especial Grace and certain knowledge and meer motion have granted and by these Presents for Vs our Heirs and Successors do grant to the foresaid Major and Commonalty and Citizens and their Successors That they the aforesaid Major and Commonalty and Citizens and their Successors may exercise and execute the aforesaid Office of Bailiff and Conservation of the Water of Thames by the Major of the said City for the time being during the time of his Majoralty or his sufficient Deputies from time to time for ever in upon or about the same water of Thames That is to say from the aforesaid Bridge of Stains in the County of Middlesex towards the West to the Bridge of London and from thence to a certain place called Yendall otherwise Yenland otherwise Yenleet towards the Sea and East and in Medway and in the Port of the City of London aforesaid and upon whatsoever Banck and whatsoever Shore and whatsoever Wharf of the same Water of Thames within the Limits and Bounds aforesaid in upon and about every one of the same and to have receive collect and enjoy all and singular wages regards fees and profits to the same Office of Bailiff pertaining and belonging to the proper use of the same Major and Commonalty and Citizens by the Major of the City aforesaid for the time being during the time of his Majoralty or by his sufficient Deputies without the hinderance of Vs our Heirs or Successors or any of our Officers Bailiffs or Ministers or of our Heirs or Successors or our Admiral of England or of our Successors or any others of our Subjects or of our Heirs or Successors whatsoever or of any grant by Vs our Heirs or Successors to be made to the contrary To have hold and enjoy the aforesaid Office and all and singular the Premisses with all and singular Wages Regards Fees Profits and Appurtenances whatsoever to the said Office belonging or appertaining to the aforesaid Major and Commonalty and Citizens and their Successors for ever by the Major of the foresaid City for the time being during the time of his Majoralty or by his sufficient Deputies to be exercised and executed without any Accompt or any other thing to be rendred or made thereof to Vs our Heirs or Successors So as no other Bailiff or Conservator of the aforesaid Water shall be or shall in any wise intermeddle in the Premisses THE COURT OF REQUESTS Commonly called The Court of Conscience THE first beginning of this Court was in the Ninth Year of King Henry the Eighth by Act of Common Councel then made whereby it was ordained That the Major and Aldermen of the City of London should monthly assign and appoint two Aldermen and four Commoners to be Commissioners to sit in the same Court in Guildhall upon Wednesday and Saturday in every week there to hear examine and determine all Matters brought before them between party and party Citizens of London where the Debt did not exceed forty shillings which Act was to continue two years and no longer But being found beneficial for the relief of such poor Debtors as could not make present payment of their Debts and also to be a great ease and help to such poor persons as had small Debts owing to them and were not able to prosecute a Suit in Law for the same The said Act hath since been continued by divers other Acts of Common Councel and besides the two Aldermen monthly assigned the number of Commissioners was encreased from four to twelve and by that authority the same Court continued till the first Year of the Reign of King James And then divers malicious people slighting the Authority of the same Court and not regarding the expence how great soever if they might ruin their poor Debtors And being often animated thereunto by divers Attorneys and Sollicitors did frequently commence Suits for petty Debts and Causes against poor men Citizens of London in the High Courts at Westminster or elsewhere out of the said Court of Requests to avoid the Jurisdiction thereof and to barr the said Commissioners from staying such Suits and examining the said Causes and thereby caused such poor men many times to pay ten times as much Charges as the principal Debt did amount unto to the undoing such poor men their Wives and Children and also to the filling of the Prisons with the poor so sued For Remedy whereof and for the strengthning and establishing the said Court. An Act of Parliament was made in the third Year of the Reign of King James Intituled An Act for the recovering of small Debts and for the relieving of poor Debtors in London The Tenor of which Act is as followeth WHereas by virtue of divers Acts of Common Councel made within the City of London the Lord Major and Aldermen of the same City for the Relief of poor Debtors dwelling within the said City have accustomed monthly to assign two Aldermen and twelve discreet Commoners to be Commissioners and sit in the Court of Requests commonly called the Court of Conscience in the Guildhall of the same City there to hear and determine all matters of Debt not amounting to the sum of xlx to be brought before them And whereas at the Sessions of Parliament holden at Westminster the Nineteenth day of March in the first Year of the Reign of our Sovereign Lord the Kings Majesty that now is for the further
Relief of such poor Debtors and more perfect establishing of the said Court there was made and provided and Act entituled An Act for recovery of small Debts and relieving of poor Debtors in London And whereas since the making of the said Act divers persons intending to subvert the good and charitable intent of the same and taking hold of some doubtful and ambiguous words therein do wrest the same for their own lucre and gain to the avoiding the Iurisdiction of the said Court contrary to the godly meaning of the said Act. For the Remedy whereof and to the intent that some more full and ample provision may be made for the Relief of such poor Debtor Be it enacted by Authority of this present Parliament That every Citizen and Freeman of the City of London and every other person and persons inhabiting or that shall inhabit within the said City or the Liberties thereof being a Tradesman Victualler or a Labouring man which now have or hereafter shall have any Debt or Debts owing unto him or them not amounting to Forty shillings by any Citizen or by any other person or persons being a Victualler Tradesman or Labouring man inhabiting or that shall inhabit within the said City or the Liberties thereof shall or may cause such Debtor or Debtors to be warned or summoned by the Beadle or Officer of the said Court of Requests for the time being by writing to be left at the dwelling house of such Debtor or Debtors or by any other reasonable warning or notice to be given to the said Debtor or Debt rs to appear before the Commissioners of the said Court of Requests holden in the Guildhall of the said City And that the said Commissioners or any three of them or more shall have power and authority by virtue of this Act from time to time to set down such Order or Orders between such party or parties Plaintiffs and his or their such Debtor or Debtors Defendants touching such Debts not amounting to the value of Forty shillings in question before them as they shall find to stand with Equity and good Conscience All such their Order or Orders to be registred in a Book as they have been accustomed and as well the party Plaintiff as the Debtor or Defendant to observe perform and keep the same in all points And that for the more due proceeding herein it shall be lawful for the same Commissioners or any three or more of them to minister an Oath to the Plaintiff or Defendant and also to such Witnesses as shall be produced on each party if the same Commissioners or any three of them or more shall so think it meet And be it further Enacted by the Authority aforesaid That if in any Action of Debt or Action upon the Case upon any Assumpsit for the Recovery of any Debt to be sued or prosecuted against any the person or persons aforesaid in any of the King's Courts at Westminster or elsewhere out of the said Court of Requests it shall appear to the Iudge or Iudges of the Court where such Action shall be sued or prosecuted that the Debt to be recovered by the Plaintiff in such Action doth not amount to the sum of Forty shillings and the Defendant in such Action shall duly prove either by sufficient Testimony or by his own Oath to be allowed by any the Iudge or Iudges of the said Court where such Action shall depend that at the time of the commencing of such Action such Defendant was inhabiting and resident in the City of London or the Liberties thereof as above That in such case the said Iudge or Iudges shall not allow to the said Plaintiff any Costs of Suit but shall award that the same Plaintiff shall pay so much ordinary Costs to the party Defendant as such Defendant shall justly prove before the said Iudge or Iudges it hath truly cost him in defence of the said Suit And be it further Enacted That if any such Plaintiff or Creditor Defendant or Debtor after warning given to him or them in manner and form before in this Art mentioned by the said Officer of the said Court of Requests shall without some just or reasonable cause of Excuse refuse to appear in the said Court before the said Commissioners or shall not perform such order as the said Commissioners or any three or more of them shall set down or concerning such Debts as aforesaid That then it shall be lawful for the said Court or any other of the Sergeants at Mace of the said City by Order of the said Commissioners or any three or more of them to commit such party or parties to prison into one of the Counters of the said City there to remain until he or they shall perform the order of the said Commissioners in that behalf Provided always That this Act or any thing therein contained shall not extend to any Debt for any Rent upon any Lease of Lands or Tenements or any other real Contracts nor to any other Debt that shall arise by reason of any cause concerning a Testament or Matrimony or any thing concerning or properly belonging to the Ecclesiastical Court albeit the same shall be under Forty shillings Any thing before contained to the contrary in any wise notwithstanding THe Lord Major and Court of Aldermen do monthly assign such Aldermen and Commons to sit as Commissioners in the said Court as they think fit And the same persons or any three of them make a Court and do sit in Guildhall every Wednesday and Saturday in the Forenoon to hear and determine such Causes as come before them A Cause may be brought and determined in this Court for 10 d. Charge viz. Six pence for the Plaint and the Summons and 4 d. for the Order But if the Defendant do not appear the second Court day after Summons an Attachment will be awarded against him which will compel him to appear and encrease the Charge If any Citizen shall be arrested for a Debt under 40 s. this Court will grant a Summons for the Plaintiff in the Action and if he appear not the first Court day after the Summons left at his House will grant an Attachment against him and force him to take his Debt and pay the Defendant his Costs And if any Attorney in London shall presume to go on in any such Suit after notice to the contrary or shall refuse to obey the Order of this Court upon Complaint thereof made to the Court of Aldermen they will suspend such person In the Majoralty of Sir Craven an Attorney in the Sheriffs Court was sent for by the Commissioners sitting in this Court and he refusing to come before them they made Complaint to the Court of Aldermen who thereupon made an Order as followeth Craven Major Jovis 24º die Januarij Anno Domini 1610. Annoque Regis Jacobi Angl ' c. octavo THis day Sir John Jolls Knight and Alderman of this City did declare unto this Court That he and