unless it be spoken to his said Brother or to other which in his Conscience or Discretion he shall think it to be for the Common weal of this City And that well and lawfully ye shall do all such things that to the Office of Attorney pertaineth to do as God you help The manner of entring Actions in this Court is different from the Sheriffs Court For you cannot enter an Action in this Court at either of the Compters but must go to one of the four Attorneys and enter your Action with him and if it be an Action of Debt it must be entered thus R. B. Defend ' versus G. W. Quer ' in pl'ito deb'ti super demand ' leg'lis c. Pleg ' c. If in Case In pl'ito transgr ' super cam ' dam ' leg'lis c. Pleg ' c. If in Trespass In pl'ito transgr ' dam ' leg'lis c. Pleg ' c. If for Account In pl'ito quod reddat ei computum super receptor ' diversor ' bon ' merchandiz ' ipsius Quer ' ad valenc ' leg'lis c. Pleg ' c. If for Covenants broken In pl'ito convention ' fract ' damn ' leg'lis c. Pleg ' c. If in Debt at the Chamberlains Suit J. F. Defend ' versus T. P. Mil ' Camerar ' Civitatis London Quer ' in pl'ito deb'ti super dem ' leg'lis c. Pleg ' c. If in Debt upon a Penal Statute R. G. Defend ' versus W. B. Qui tam pro Domino Rege quam pro seipso in hac parte sequitur in pl'ito deb'ti super dem ' leg'lis c. Pleg ' c. When your Action is thus entered by the Attorney or his Clerk you must not imploy any of the Sheriffs Officers to Arrest the Defendant but give your Action or a Note thereof to one of the Serjeants at Mace belonging to the Major and Aldermen There is six Serjeants belonging to this Court who are men of good Estates and do not belong to either of the Sheriffs Most of them attend daily at the Attorneys Offices and one of them is constantly attending at the Lord Majors House If you give any of them a Note of your Action he will Arrest the Defendant and in case such Defendant cannot find Bayl the Officer will carry him to one of the Compters that being the Prison as well for this Court as the Sheriffs Court which Imprisonment and the Cause thereof is constantly Recorded in a Publick Book called the Book of Impri by the Attorney that entred the Action But if the Party arrested find Bayl the eldest of the four Attorneys must take the same he being Clerk of the Bayl 's and in Case he shall take in sufficient Bayl and the Defendant do abscond the Plaintiff may after he hath a Judgment for his Debt or Damages compel the Clerk of the Bails to pay the same Debt or Damages by Petition to the Court of Aldermen or to Mr. Recorder An Action entered in this Court will remain in force for ever although no proceedings be had thereupon whereas an Action entered at either of the Compters dies and may be crossed after sixteen weeks And the Charge of entering an Action in this Court is but 4 d. besides the King's Duty An Action commenced in this Court may be brought to a Trial for 30 s. Charge and in fourteen days time whereas in the Sheriffs Court they require more time and much more money as those that have had occasion know by experience If there happen to be six weeks time between the putting in Bayl to an Action in this Court and the time of the Defendants Plea in such Case the Defendant cannot remove the same Action or Suit into any other Court Note That an Action commenced in this Court cannot be removed into the Sheriffs Court but an Action commenced in the Sheriffs Court may be removed into this Court either by the Plaintiff or Defendant at any time before a Jury is sworn to try the Cause The manner of removing such Action is set forth hereafter If any man that is not a Freeman of London keep any Shop inward or outward within the City or Liberty for the Sale of any Goods or Wares by Retail he forfeits 5 l. for every day and an Action of Debt lies against him for the same in this Court in the Name of the Chamberlain of London for the time being pursuant to an Act of Common Councel made in the-Majoralty of Sir Leonard Halliday Knight which Act is as followeth WHere by the ancient Charters Customs Franchises and Liberties of the City of London confirmed by sundry Acts of Parliament no person not being free of the City of London may or ought to sell or put to sale any Wares or Merchandizes within the said City or the Liberties of the same by Retail or keep any open or inward Shop or other inward place or room for shew sale or putting to sale of any wares or merchandizing or for use of any Art Trade or Occupation Mystery or Handicraft within the same And whereas also Edward sometime King of England of famous memory the third of that name by his Charter made and granted to the said City in the Fifteenth year of his Reign confirmed also by Parliament amongst other things granted That if any customs in the said City before that time obtained and used were in any part hard or defective or any thing in the same City newly arising where remedy before that time was not ordained should need amendment the Major and Aldermen of the said City and their Successors with the assent of the Commonalty of the same City might put and ordain thereunto fit remedy as often as that should seem expedient unto them So that such Ordinance should be profitable to the King for the profit of the Citizens and other his People repairing to the said City and agreeable to reason And whereas by force of the said Customs Franchises and Liberties and of the Charter last aforementioned confirmed as is afore specified by Parliament The Lord Major Aldermen and Commons of the said City did the twelfth day of October in the third year of the Reign of Edward sometime King of England the fourth as a thing thought fit and convenient for that time amongst other things agree and ordain that the Basket-makers Goldwire-drawers and other Forreigners contrary to the Liberty of the said City holding open Shops in divers places of the City and using Mysteries within the said City should not from thenceforth hold Shops within the Liberty of the City aforesaid But if they would hold any Shop or dwell in the same City they should dwell at Blanchappleton and there hold Shops so as they might have sufficient dwelling there And whereas the Lord Major Aldermen and Commons of the same City did afterwards the Sixteenth day of May in the Seventeenth year of the Reign of our late Sovereign Lord of famous
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
it often happens that one years service after seven years shall be expired may be very considerable to the Master A Freemans Widow may take a Maid Apprentice for seven years and Inroll her in like manner as a youth in case she be above fourteen years of age but if the Indenture shall be made for less then seven years it is naught and against the Custom of London and will not oblige the Apprentice If an Exchange-woman or Sempstriss that hath a Husband free of London take a Maid Apprentice such Apprentice must be bound to the Husband and not for less then seven years and may be Inrolled and made Free at the expiration of her term in case she continue so long unmarried If any Master refuse to make his Apprentice Free when the time mentioned in the Indentures is expired such Apprentice may if he have duly served force his Master to make him Fre◠by summoning him before the Court of Aldermen or before the Chamberlain of London for the time being This Court is also a Court of Equity or Chancery for any matters within London and the Liberties thereof and the Recorder for the time being usually sits as Judge or Chancellor to determine such matters The manner of exhibiting a Bill in this Court is thus First it must be drawn and signed by one of the four City Councel whose Fee for perusing and signing thereof is 6 s. 8 d. then it must be ingrossed and entered in Court and one of the Officers belonging to this Court must give the Defendant a Summons personally within the Liberties of London to answer such Bill otherwise he is not obliged to appear The charge of drawing the Bill is 4 d. for every Sheet accounting twelve Lines to a Sheet and 6 d. a Sheet for ingrossing thereof and for the entering it in Court 2 s. and for the Attorney's Fee 3 s. 4 d. If an Action shall be depending in this Court and the party Defendant cannot be relieved but in Equity in such case he may exhibit his Bill against the Plaintiff in the Action and the entring the Bill in Court is a good Injunction to stay the Plaintiffs proceedings at Law without any motion until the Plaintiff shall give in his Answer thereto And note that when the Bill is to be relieved against an Action at Law the Plaintiff in the Bill shall not be compell'd to give the Plaintiff at Law any Summons to make answer to the Bill but if Affidavit shall be made that the Plaintiff at Law was 100 miles from London at the time of the exhibiting the Bill then upon motion to the Court the Plaintiff at Law shall and may proceed to Trial notwithstanding the Bill but Judgment and Execution must stay till the Plaintiff at Law answer the Bill or the Court shall make an Order to the contrary If an Action at Law shall be commenced in the Sheriffs Court the Defendant must cause the Action to be removed into this Court before he can stay the Plaintiffs proceedings at Law by exhibiting a Bill as aforesaid and if the Plaintiff at Law answer the Bill the Plaintiff in Equity may in eight days after the Answer put in exceptions to the Answer but if the Answer shall be full and the Plaintiff in Equity cannot prove the matters in his Bill suggested the Plaintiff at Law shall recover all his Costs against the Plaintiff in Equity Note That where a Bill is exhibited and no Action at Law depending the Defendant hath 8 Court days given him to Answer the Bill after his Appearance and if he does not answer the Bill in that time the Plaintiff in Equity may have an Attachment against him for which the Fee is 2 s. 6 d. and the Officers Fee for serving thereof is also 2 s. 6 d. which Fees the Defendant must pay when he gives in his Answer After Answer the Plaintiff may reply generally or specially and may examine Witnesses in like manner as is done in the high Court of Chancery to prove the Equity of his Bill and within a Month after Replication may bring his Cause to a hearing The Town-clerk or his Deputy is appointed to examin all Witnesses on both sides and his Fee for swearing and examining every Witness is 2 s. 4 d. and for the Copies of the Depositions 4 d. per Sheet but for the Copies è contra his Fee is 8 d. per Sheet The Town-clerk's Fee for every Order for publication or hearing of any Cause is but 6 d. and for an Order at hearing but 1 s. but if the Decree be drawn up and inrollect his Fee is 10 d. per Sheet and for the Copy 4 d. per Sheet After a Decree made the Plaintiff must serve the Defendant with a Copy thereof personally and make Affidavit thereof before an Attachment will be granted against the Defendant That the Plaintiff may serve the Defendant with a Copy of the Decree in any place whatsoever Note although out of the Liberties of London A Bill may be removed out of this Court into the high Court of Chancery any time before publication is passed after which time the high Court of Chancery will not retain the Cause The manner of removing a Bill out of this Court is thus First the Defendant must file a Bill in the high Court of Chancery against the Plaintiff in this Court and then must at the Registers Office give Bond to prove the suggestions in his Bill within fourteen days and procure Certificate that his Bill is filed and security given as aforesaid and then Petition the Lord Chancellor for a Certiorary to remove the Bill out of this Court And when the Petition is answered by his Lordship the Clerk in Chancery will make the Certiorary which must be delivered to the Town-clerk and he will allow it for which his Fee is 2 s. and then the Attorney for the Defendant in this Court will certifie the Bill Answer and Proceeding into the high Court of Chancery for which his Fee is 10 d. per Sheet If exceptions shall be put in to an Answer in this Court and a Cause at Law depending between the Parties the Plaintiff in Equity must the next Court move for a day to argue those exceptions otherwise they are over-ruled in course If the Defendant in Equity demurr or plead to the Plaintiffs Bill he must the next Court after the Demurrer or Plea is entred move for an Order to argue such Demurrer or Plea otherwise the same will be over-ruled in course and the Defendant will be compelled to give an Answer When a Freeman's Apprentice is legally discharged from his Master his proper way to recover part of the Money which his Master received with him Apprentice is to exhibit a Bill in this Court against his Master but if the Apprentice hath served five years or near that time this Court will not relieve him in ordering any money to be returned unless there be very extraordinary cause A
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
yet have owed or do detain from C. in in the Bill original and Attachment aforesaid the Defendant named any part thereof the said Sum of so as aforesaid nor any penny thereof in manner and form as the Plaintiff by his Bill Original and Attachment aforesaid hath supposed So God you help But if the Plaintiff hath two Witnesses that will swear the Garnishee had Moneys in his hands when the Attachment was made he must cause their Depositions to be taken by the Town-Clerk or his Deputy and that will stop the Garnishee from waging his Law and force him to plead to the Country in case their Depositions be full If A. be indebted to B. in 20 l. by Bill or Note payable at Six Months or more in such case you cannot enter an Action against A. till the Money is due But if B. shall be indebted to C. in any some of Moneys C. may so soon as the Bill or Note is given to B. by A. cause an Attachment to be made in the hands of A. as the Moneys of B. and if A. appear he shall be forced to give Bail within two days after his Appearance to have his Body forth coming or pay what Moneys shall be found in his hands And until A. hath given Bail he shall not be admitted to plead to the Attachment and if he neglect to give Bail Judgment will be entred against him for the Money attached But in this case after A. hath put in Bail he must plead that it is true he hath so much Moneys in his hands but that the same is not due nor payable to B. the Defendant till a certain time to come C. the Plaintiff shall have Judgment presently against A. the Garnishee for the Money attached but Execution shall not be awarded for the Money when it becomes due according to the time mentioned in the Plea If A. shall be indebted to B. in a Sum of Money for Goods bought a Verbal agreement only to pay for them at a time to come and an Attachment shall be made in the hands of A. for the Money before the time agreed for payment thereof shall be elapsed in such case A. the Garnishee may plead the same Plea as above and shall not be compelled to pay the Money till it became due by the Agreement but the Plaintiff shall have Judgment presently And if the Defendant in an Attachment after satisfaction acknowledged upon Record shall bring an Action against the Garnishee for the Money so attached the Garnishee may in such case plead the General Issue and give the Attachment in evidence but must at the same time prove the Debt to be a just Debt for which the Money was condemned and the Courts above have always allowed it as good Evidence against the Plaintiff in the Action If R. D. ows Money to L. C. and absconds and happens to leave Goods in a House or Warehouse locked up and no person in the House or Warehouse in such case L. C. may sequester the House or Warehouse and the Goods and Chattels therein contained in 6 days time may condemn the Goods the manner of making a Sequestration is as followeth L. C. must enter an Action of Debt against R. D. with one of the four Attorneys of this Court and then one of the Officers of this Court must go to the same House or Ware-house and say these words I Do sequester this Warehouse and the Goods and Chattels therein contained as the proper Warehouse Goods and Chattels of R. D. to answer L. C. in a Plea of Debt upon demand of 100 l. And then must put a Padlock upon the Door of the House and set a Seal upon the Key-hole After four Court days passed which is usually in four days the Officer will receive a Precept to open the Warehouse and cause the Goods therein to be Inventry'd and Apprais'd by any two Freemen and the Appraisors must set their Names or Marks to the same Inventory and come to the next Court and there take the Oath following The Oath to be taken by the Appraisors YOU and either of you shall swear that the Appraisement you have made of the Goods and Chattels in this Schedule or Inventory specified whereunto you have subscribed your Names is a just and true Valuation and Appraisement of the same Goods and Chattels according to the best of your Iudgments and Skills So help you God The same Court-day that the Appraisors are sworn the Plaintiff may have Judgment and Execution for the Goods bringing two sufficient Sureties who will enter into a Recognizance to this effect viz. That if the Defendant R. D. shall come into Court within a year and a day and disprove or avoid the Debt demanded by L. C. that then L. C. shall restore the Goods or the value thereof to R.D. or else that they will do it for him The manner for a Defendant in an Attachment to disprove or avoid any Debt demanded is as followeth The Defendant must either render his Body to Prison or give Security to pay the Debt demanded and then may bring a Scire facias which is called a Scire facias ad disprobandum debitum and the Plaintiff in the Attachment must be summoned to appear and plead thereunto and after the Plaintiff hath pleaded if the Debt demanded be not a Debt due by Bond Bill or Specialty under Hand and Seal the Defendant may wage his Law and thereby discharge himself of the Money demanded by the Plaintiff which must be done in Court as followeth I R. D. do swear that upon the day of naming the day the Action was entered I did not owe nor detain nor as yet do owe or detain from L. C. the Plaintiff the sum of xxxl nor any part or parcel thereof in manner and form as the Plaintiff by his Bill original hath supposed So help me God And if the Defendant be a Freeman of London he must have six Compurgators who will swear that they believe in their Consciences that what the Defendant swears is true But if the Defendant be not a Freeman of London then two Compurgators will be sufficient If the Defendant shall not think fit to wage his Law but will put the Plaintiff to prove his Debt he must in such case plead that he owes nothing to the Plaintiff an issuable Plea And in case the Plaintiff fail to prove his Debt a Verdict and Judgment will pass against him for restitution of the Money or value of the Goods attached and condemned And if the Plaintiff in the Attachment shall in such case be taken in Execution and shall be unable or unwilling to restore the Money his Security or Pledges that he gave when the Money was condemned will be compelled to pay the Money for the Sureties cannot discharge themselves by rendring the Plaintiff body to Prison But if the Plaintiff prove his Debt the Verdict will pass for the Plaintiff in the Attachment and then Judgment will be
entered for the Debt proved to be due and if so much was not recovered upon the Attachment or Sequestration the Bail for the Defendant are liable to answer and pay the same with costs Touching Apprentices BY the custom of London Apprentices that are or shall be bound by Indenture above the Age of Fourteen years to Freemen of London for the full term of Seven years are compellable to serve the full term and an Action will lie against the Apprentice for breach of any of the Covenants But if the Apprentice shall be under the Age of Fourteen years at the time of his binding his Indenture is not good By the ancient and laudable Custom of the City of London every Master ought to Inroll his Apprentice within the first year of his term before the Chamberlain of London for the time being who attends every day at his Office in Guildhall for that purpose And if the Apprentice be Inrolled within the first year of his term the Fee is but 2 s. 6 d. But if he shall not be Inrolled within the first year then such Apprentice may be discharged from his Masters Service in such manner as is hereafter set forth In case any Apprentice shall refuse to be Inrolled within the first year of his term the Master may within that time bring his Indenture to the Chamberlain or his Clerk who will Record the same which Record is as good as an Inrollment and shall barr the Apprentice from discharging himself Many Citizens of London are of opinion not to Inroll any Apprentice and the reason they usually give is that if the Apprentice be Inrolled they are bound to keep him although he shall be a Thief or Gamester but if he is not Inrolled they can turn him away at their pleasure which is a great mistake For if an Apprentice shall not be Inrolled and the Master turn him away the Apprentice may in such case bring his Action upon the Covenants in his Indenture and recover Damages from time to time against the Master And if the Apprentice be Inrolled and turn'd away he must take the same course against his Master If the Apprentice be a Thief the Master may as lawfully turn him away when he is Inrolled as when he is not Inrolled for the Inrollment is no obligation upon the Master to keep the Apprentice more than before he was not Inrolled But by the Inrollment the Master answers the Oath he took when he was made Free and obliges the Apprentice not to go away at his pleasure And every Master ought in Conscience to Inroll his Apprentice For otherwise he disappoints the Father who possibly paid the Master a considerable Sum with his Son Apprentice and if the Apprentice knows he may leave his Masters service at his pleasure it happens very often that he neglects his Masters service and takes bad courses whereby the Father loses both his Money and his Son which might in all probability have been prevented if the Apprentice had been Inrolled Secondly Although an Apprentice be Inrolled he may be discharged from his Master in case the Master shall beat him unreasonably without just cause or in case the Master refuse to find him sufficient necessaries or if the Master turn the Apprentice out of his service or leave off his Trade or shall neglect to instruct his Apprentice or turn him away whereas many Citizens do believe that if an Apprentice be Inrolled he cannot be discharged from his Master for any cause whatsoever The manner of suing out an Apprentices Indenture is thus He must bring his Indenture or a Copy to an Attorney in this Court who will give a Note or Warrant to to one of the Sergeants before mentioned to signifie to the Master the Apprentices intention of thing out his Indenture and for what cause And four Court days after will leaven Summons in writing at the Masters house for him to appear in this Court and shew cause why his Apprentice should not be discharged And if the Apprentice sue his Indenture out for not Inrollment the Master may appear and delay it a small time but cannot present the Apprentices discharge But if it be for any other cause the Master may appear by an Attorney of this Court and plead and try the truth of the matter complained of by the Apprentice and the Master need not doubt a fair Trial the Juries being all Masters and the Court constantly shew them all just and lawful favour And if a Verdict pass for the Apprentice or the Master no Costs will be allowed to either party Many Citizens have been unwilling to have any Cause tried in this Court or the Sheriffs Court by reason of insufficient Jury-men that are summoned to try Causes in both Courts It is very true there have been in some years men of mean quality and capacity returned for Jurymen to serve in this Court but the Citizens of London are the occasion thereof For it is the Custom of London that the respective Juries to try Causes in this Court and the Sheriffs shall be returned by the several Wards in the City of London at their Wardmote Inquests every Christmas which they constantly do by an Indenture under their Hands and Seals In which Indenture they also return the Names of the Common-councel-men Constables and Scavengers There are particular Wards appointed to serve as Jurymen for every Month which are divided as followeth The Jurymen returned by the Wards of Aldgate Portsoken Cornhill Serve for the Month of January The Ward of Cheap for February The Wards of Bassishaw Cripplegate within Cripplegate without for March The Wards of Vintry Breadstreet for April The Wards of Tower Billingsgate for May. The Wards of Farrindon without for June The Ward of Bridge for July The Wards of Aldersgate Colemanstreet Broadstreet for August The Wards of Farrindon within Castle-baynard for Sept. The Wards of Queenhith Dowgate Walbrooke for October The Wards of Langborne Limestreet for November The Wards of Candlewick Cordweyner Bishopsgate for December So soon as the Names are returned by the several Wards the Town-clerk writes them into a Book and gives the Officers of this Court a Copy thereof and also gives a Copy to the Officers of the Sheriffs Court the same Jury serving for both Courts and if they are not men of sufficient understanding it is the fault of the respective Wardmotes for not returning able persons That the persons so returned Note and no other must serve as Jurymen in this Court and the Sheriffs Court except in some special Cases where the Court shall order a Jury of Merchants and in such Case the Town-clerk returns their Names That an Apprentice cannot sue out his Indenture against a Freeman but in this Court Note If an Apprentice shall be bound for eight nine or ten years and enrolled he shall be compelled to serve the full term and cannot be discharged from his Master after seven years service unless for a very reasonable Cause and
4 s. 10 d. for that purpose My Lord Major sits only upon Saturday to hear mark't Causes and if upon hearing both Parties it shall appear to his Lordship that the Plaintiff obtained a Verdict for more then his just Debt his Lordship may remit the Cause to Judgment for the just Debt only and give such time to pay the same as he shall think reasonable But his Lordship always orders the Defendant to give good Security to pay the Recovery at such times as his Lordship directs and to pay the Costs in fourteen days The Attorneys in the Majors Court always move for time although the Verdict was in the Sheriffs Court and his Fee for moving is 1 s. 8 d. The Plaintiff must pay for his Lordships Order and entering it 2 s. 10 d. Which Charges will be allowed to the Plaintiff upon taxing of Costs In these Courts may be tried Actions of Debt Case Trespass Accompt and Covenants broken as also Attachments and Sequestrations If either party shall have a Witness that cannot stay in London till the day of Trial his testimony may be taken in writing which will be allowed as good Evidence The method for examining such Witness is thus First his name and place of abode must be delivered in writing to the adverse Attorney and then he must be examined and sworn by the eldest Attorney in the Lord Majors Court whose Fee for the Examination and Copy is 3 s. 4 d. After the Examination the adverse Attorney may have a Copy thereof for which he must pay 2 s. The two eldest Clerks in these Courts for the time being are Attorneys of the Pye-powder Court held during the first three days of Bartholomew Fair for the examining and trying all Suits brought for petty Matters and Offences there committed contrary to the Proclamation hereafter mentioned The Lord Major and Aldermen do Annually cause a Proclamation to be made for the better regulating this Fair. The tenour whereof is as followeth The Proclamation made on Bartholomew Eve in the Afternoon at the great Gate going into the Cloth Fair. THe Right Honourable Sir R. C. Kt. Lord Major of the City of London and his Right Worshipful Brethren the Aldermen of the said City streightly charge and command on the behalf of our Sovereign Lord the King That all manner of persons of whatsoever estate degree or condition they be having recourse to this Fair keep the Peace of our said Sovereign Lord the King That no manner of Persons make any Congregation Conventicles or Affrays by the which the same Peace may be broken or disturbed upon pain of Imprisonment and Fine to be made after the discretion of the Lord Major and Aldermen Also that all manner of Sellers of Wine Ale or Beer sell by Measures ensealed as by Gallon Pottle Quart and Pint upon pain that will fall thereof And that no Person sell any Bread but if it keep the Assize and that it be good and wholsome for mans body upon pain that will fall thereof And that no manner of Cook Pyehalter nor Huckster sell nor put to sale any manner of Victual but it be good and wholsome for mans body upon pain that will fall thereof And that no manner of Person buy nor sell but with true Weights and Measures sealed according to the Statute in that behalf made upon pain that will fall thereof And that no manner of Person or Persons take upon him or them within this Fair to make any manner of Arrest Attachment Summons or Execution but if it be done by the Offâ—câ—rs of this City thereunto assigned upon pain that will fall thereof And that no Person or Persons whatsoever within the limits and bounds of this Fair presume to break the Lords Day in selling shewing or offering to sale or in buying or offering to buy any Commodities whatsoever or in sitting tippling or drinking in any Tavern Inn Alehouse Tippling-house or Cooks house or in doing any other thing that may tend to the breach thereof upon the pains and penalties contained in several Acts of Parliament which will be severely inflicted upon the breakers thereof And finally That what Persons soever find themselves grieved injured or wronged by any manner of Person in this Fair that they come with their Plaints before the Stewards in this Fair assigned to hear and determine Pleas and they will minister to all Parties Iustice according to the Laws of this Land and the Customs of this City THE CHAMBERLAINS COURT OR OFFICE THe Chamberlain of London keeps his Office in the Chamber of Guildhall and is entrusted with Orphans Moneys and the Cities Cash he is Annually elected and gives very good Security to the Court of Aldermen to pay and make good whatsoever Cash shall be delivered to him and once every year gives an Account to Auditors appointed and chosen for that purpose He is also entrusted with the Cities Leases and all Bonds and Securities taken by the Court of Aldermen for Orphans Moneys He attends at Guildhall usually every Forenoon to Inroll and turn over Apprentices and to make such Free as have duly served the full term of Seven years and have not married nor taken wages in that time Upon the admission of every Person into the Freedom of London Mr. Chamberlain causes them to take the following Oath The Oath of every Freeman of the City of London YE shall swear that ye shall be good and true to our Sovereign Lord King CHARLES and to the heirs of our said Soveraign Lord the King Obeysant and obedient ye shall be to the Mayor and Ministers of this City The Franchises and Customs thereof ye shall maintain and this City keep harmless in that that in you is Ye shall be contributary to all manner of charges within this City as Summons Watches Contributions Taxes Tallages Lot and Scot and to all other charges bearing your part as a Freeman ought to do Ye shall colour no foreign goods under or in your name whereby the King or this City might or may lose their Customs or advantages Ye shall know no Foreiner to buy or sell any Merchandize with any other Foreiner within this City or Franchise thereof but ye shall warn the Chamberlain thereof or some Minister of the Chamber Ye shall implead or sue no Freeman out of this City whilst ye may have Right and Law within the same City Ye shall take no Apprentice but if he be free-born that is to say no bond-mans son nor the child of any Alien and for no less term than for seven years without fraud or deceit and within the first year ye shall cause him to be enrolled or else pay such fine as shall be reasonably imposed upon you for omitting the same And after his terms end within convenient time being required ye shall make him free of this City if he have well and truly served you Ye shall also keep the Kings Peace in your own person Ye shall know no Gatherings Conventicles nor
Conspiracies made against the Kings Peace but ye shall warn the Mayor thereof or let it to your power All these Points and Articles ye shall well and truly keep according to the Laws and Customs of this City to your power So God you help If any Master shall refuse to make his Apprentice free when the term in his Indenture is expired upon complaint thereof made Mr. Chamberlain will cause such Master to be summoned before him and if he cannot shew good cause to the Contrary will make the Apprentice Free If an Apprentice shall be unruly or disorderly in his Masters House or commit any notorious Fault upon complaint made thereof Mr. Chamberlain will send one of his Officers for such Apprentice and send him to Bridewell or otherwise punish him according to the nature of the Offence If any Master shall misuse his Apprentice by beating him unreasonably or with unlawful weapons or by neglecting to instruct him or to find him necessaries upon complaint thereof made Mr. Chamberlain will send a Summons for the Master to appear before him and upon hearing both Parties will relieve the Apprentice or leave him to take his remedy against such Master in the Lord Majors Court If any Freeman shall refuse to appear before the Chamberlain being duly summoned my Lord Major or Mr. Recorder upon complaint thereof made will grant a Warrant to apprehend such Person and compel him to appear for which Warrant the Fee is 1 s. When an Apprentice is by consent of his Master to be turned over to another Master of the same Trade it cannot be done by any Scrivener But the Apprentice ought first to be turned over before the Company where he was bound and then to be turned over before the Chamberlain And it is to be observed that if an Apprentice be turned over by the Company only it is no Obligation upon the second Master to keep such Apprentice nor is the Apprentice compellable thereby to serve such second Master but may depart from the Service of such second Master at his pleasure by fuing out his Indentures against his first Master which may be done without the privity or knowledge of the second Master and therefore it is absolutely necessary that all Apprentices should be turned over before the Chamberlain for thereby the first Master is discharged from him and the second Master obliged to keep him and the Apprentice will be obliged to serve the second Master the full term of the Indentures Although the same were made for nine years or more It is the interest and advantage of every Master and Apprentice when any difference happens between them to refer the matter to the Chamberlain who will freely hear both Parties and decide the Controversie for three shillings Charge viz. 1 s. to the Officer for the Summons and 2 s. to the Clerk for the Order Whereas if they proceed at Law for relief it may probably cost both Parties 6 l. if not more in Charges and the Conclusion may be less satisfactory then if decided by such reference as aforesaid Fees due to the City upon the making Free and Inrolling Apprentices  s. d. An Apprentice made Free not Inrolled the Master pays 13 2 The Apprentice pays 1 0 If not turned over before the Chamberlain then the Master or Mistress must pay extraordinary 2 0 If an Apprentice shall omit to take his Freedom within convenient time after his time is expired Mr. Chamberlain may impose such Fine upon the Apprentice as he shall think fit for such his neglect Fees due to the Clerk of the Chamber  s. d. For every Copy of a Freedom if by Service 2 6 To the under Clerk is usually paid 0 6 For every Copy of a Freedom if by Nativity out of London 5 0 To the under Clerk 0 6 For every Copy of a Freedom if by Nativity within London 4 0 To the under Clerk 0 6 For every Copy of a Freedom that is purchased or given 4 0 To the Clerk 0 6 For every second Copy of a Freedom 2 6 To the under Clerk 0 6 For every Copy of an Inrollment 2 0 To the under Clerk 0 6 For every Indenture that is lost 2 0 For every search 1 0 For every Inrollment 0 4 For every Turn-over 0 4 For every Order without a Reference 1 0 For every Order upon a Reference 2 0 For every Warrant 1 0 For every Summons within the Liberties 1 0 For every Summons without the Liberties 2 0 Every Freeman ought to take particular care not to make an Apprentice Free of London by testifying for his Service unless such Apprentice shall have really served him For if he shall privately turn his Apprentice over to a Forreigner and let the Apprentice serve such Forreigner and testifie to the Chamberlain that the Apprentice served a Freeman in such case the Master and Apprentice may be disfranchised and fined at the pleasure of Mr. Recorder and Mr. Chamberlain will in such case cause the Freemans Shop to be shut up If a Master shall make his Apprentice Free by testifying that his Apprentice served the full term of Seven years when in truth the Apprentice did not serve so long both the Master and Apprentice may be disfranchised for testifying an untruth For it is contrary to a Freemans Oath the words therein being Ye shall take none Apprentice for no less term then for Seven years without fraud or deceit Ye shall make him Free if he have well and truly served you And if a Freeman well considers his Oath he will not do any act contrary thereunto for lucre or to pleasure another And for that most Freemen do in time come to be Constables and Scavengers it may not be unnecessary to insert the Oath to be by them taken before they Execute such places The Oath of the Constables within the City of London YE shall swear that ye shall keep the Peace of our Sovereign Lord the King well and lawfully after your power And ye shall Arrest all them that make Contest Riot Debate or Affray in Breaking of the said Peace and lead them to the House or Compter of one of the Sheriffs And if ye be withstood by strength of Misdoers ye shall rear on them an Outcry and pursue them from Street to Street and from Ward to Ward till they be Arrested And ye shall search at all times when ye be required by the Scavengers or Beadles the common noisance of your Ward And the Beadle and Raker ye shall help to rear and gather in their Salary and Quarter-age if ye be thereunto by them required And if any thing be done within your Ward against the Ordinance of this City such Defaults as ye shall find there done ye shall then present to the Major and Ministers of this City And if ye be letted by any person or persons that ye may not duly do your Office ye shall certifie the Major and Council of the City of the name or names
Freeman's Widow by a Bill in this Court may recover her customary part of her Husband's Estate against the Executor of her Husband but if the Executor live out of the Liberties of London she will be compelled to exhibit her Bill in the high Court of Chancery If a Plaintiff in Equity shall be advised not to examin any Witness he may go to a hearing upon the Bill and answer within fourteen days after Answer and in such case the whole Charge will not in probability exceed 3 l. If any person exhibit a Bill in this Court whose Habitation shall be out of the Liberties of London this Court upon a motion will order the Plaintiff to give security by Bond to pay the Defendants Costs in case the Bill shall happen to be dismist or in default thereof will dismiss the Bill and until such Security be given the Court will not compell the Defendant to give any answer to the Bill After answer given to a Bill in this Court if the Plaintiff do not give in Exceptions in eight days the Court upon motion will order the Bill to be dismist unless the Plaintiff do reply in a weeks time For which Order the Fee is 6 d. and in case the Bill happen to be dismist the Fee for drawing up the Dismission is 6 s. 8 d. which will be allowed to the Defendant in the Costs The form or beginning of a Bill in this Court is thus To the Right Honourable Sir R. C. Knight Lord Major of the City of London and to his Right Worshipful Brethren the Aldermen of the same City IN all humility complaining sheweth unto your Lordship and Worships your daily Orator c. The Conclusion thus May it therefore please your Lordship Worships out of your accustomed goodness to cause the said A. B. and E. D. to be warned by one of your Lordships and Worships Serjeants at Mace and Ministers of this Honourable Court personally to be and appear in the same Court at a day certain to be by your Lordship and Worships to them thereunto prefixed then and there to make answer unto all and singular the Premisses upon their Corporal Oaths And that they may be enjoyned to stand unto perform and abide such Order and Decree in the Premisses as to your Lordship and Worships upon hearing the Cause shall seem meet The Practice of the Orphants Court THis Court is held before the Major and Aldermen of the City of London who are Guardians to the Children of all Freemen of London that are or shall be under the Age of 21 years at the time of their Fathers decease The common Serjeant of this City is the only person intrusted by the Court of Aldermen to take all Inventories and Accompts of Freemen's Estates And the common Crier is intrusted to summon all Executors and Administrators of Freemen to appear before the Court of Aldermen to give in Inventories and Accompts of the personal Estate of such Freemen The youngest Attorney in the Lord Major's Court is always Clerk of the Orphants and is appointed to take all Securities for Orphants Portions which Securities are constantly taken in the name of the Chamberlain of London for the time being And the Custom is that in case the Security live out of London they are taken bound by Bond but if they live within London they are constantly bound by Recognizance When a Freeman of London dies leaving Children under age the Clerks of the respective Parishes within the Bill of Mortality ought to give the name of such Freeman to the common Crier of this City who is thereupon to summon the Widow or Executor of such Freeman to appear before the Court of Aldermen there to be bound to bring in an Inventory of the Testator's Estate And note that the Court of Aldermen always allow two Months time for the bringing and exhibiting such Inventories If the party summoned do not appear the Lord Major may if he please send his warrant and force an appearance And if any Executor refuse to become bound to bring in an Inventory the Court of Aldermen may by their power send such Executor to Newgate there to remain till he submit and the Courts at Westminster will not release such person The Condition of a Bond for exhibiting an Inventory THe Condition of this Obligation is such That if the above bound A. B. do and shall within two Months now next ensuing bring and exhibit 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 Guild-hall of the same City a true and perfect Inventory in writing upon his Corporal Oath of all and singular the Goods Chattels Rights and Credits Plate Iewels ready Money and Debts which were due and belonging unto the said R. R. deceased at the time of his death And also if the said A. B. do not in the mean time purloyn or convey the fame or any part thereof out of the Freedom or Liberties of the same City without the licence and consent of the same Court first had and obtained in writing Then c. or else c. After such Bond given the Executor must procure four Freemen to appraise the Testators Goods and must cause them to appear before a Justice of the Peace in London and take the Oath following before they appraise the Goods The Oath YOu and every of you shall swear that the Appraisment you shall make of the Goods and Chattels of A. B. late Citizen and Mercer of London deceased shall be a just and true Valuation and Appraisement of the same Goods and Chattels according to the best of your Iudgments and Skills So help you God For which Oath the Fee is only 1 s. 4 d. The common Crier must have notice when the Appraisement is to be made for he is appointed by the Court of Aldermen to be present when all such Appraisments are taken that he may see the same be fairly done to the best advantage of the Orphants And unless the common Crier or his Deputy be present and the Inventory shall be signed by the common Crier the Court of Aldermen will not allow thereof The common Criers Fee for signing every Inventory is 10 s. and for his attendance during the time of the Appraisment at least 10 s. per day When the Appraisment is made as aforesaid and signed by the common Crier and the Appraisors it must be given to Mr. common Serjeant or one of his Clerks at his Office in Guildhall-yard and if he approves thereof he will cause it to be Ingrossed and a Duplicate thereof to be made for the Executor or Administrator And when the same is examined by him and his hand is set thereto in testimony thereof the Executor or Administrator must in the Court of Aldermen swear the same Inventory is a true Inventory of the Goods and Chattels of the Party deceased according to the best of his