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
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
three discreet Commoners of this City amongst others assigned by this Court to be Commissioners for this instant Month of January for the Court of Requests commonly called the Court of Conscience according to an Act of Parliament made in the Third Year of the Reign of the Kings Majesty that now is And that they sitting in the said Court of Conscience in the Guildhall of this City yesterday last being Wednesday the three and twentieth of this instant January to hear and determine Matters for the Recording of small Debts and relieving of poor Debtors in this City according as by the said Act of Parliament they are authorized and only out of a conscionable Care to be certainly informed of the true state of a Case brought before them and which was depending in the Sheriffs Court where they were informed that Thomas Hutton one of the Attorneys in the Sheriffs Court was retained for the Plaintiff in the said Court And the said Hutton being in the Guildhall in the view of the said Sir John Jolls and other the Commissioners the said Commissioners commanded the Beadle of the said Court to go to the said Hutton and require him presently to come to the said Sir John Jolls and the other Commissioners And albeit the Beadle went two several times to him yet the said Hutton peremptorily and contemptuously made answer That he neither could nor would come to them The which being here examined in full open Court and the said Hutton called to answer the same was in part confessed by the said Hutton and also proved by the Oath of the Clerk and Beadle of the said Court of Requests And to aggravate the said Offence and Contempt the said Hutton here in open Court did affirm That he knew not what Authority that Court had to send for him The which Indignities and Contempts offered to Commissioners chosen by this Court and established by Act of Parliament and to an Alderman of the City of London by a Subordinate Officer of this City This Court do generally hold the same intolerable and the said Hutton worthy of severe and condign punishment And therefore do order and decree that the said Thomas Hutton shall be presently and absolutely dismissed and this Court doth absolutely dismiss him of and from his said Place and Office of One of the Attorneys of the said Sheriffs Court aforesaid And Mr. Dale one of the Iudges of the said Court was sent for and being here private was required to take notice thereof and to publish the same in the Sheriffs Court and to take private Order that the said Thomas Hutton be not admitted hereafter to practise any more in the said Court The Clerks Fees of this Court FOr every Plaint 2 d. For every Appearance 2 d. For every Order 4 d. For every Precept or Warrant to commit to Prison 6 d. For every Search 2 d. For every satisfaction acknowledged upon an Order 6 d. Beadles Fees FOr warning every person within the Liberties 4 d. For warning every person without the Liberties 6 d. For serving every Precept or Warrant 4 d. THE SHERIFFS COURTS EAch Sheriff holds a Court of Record in Guildhall viz. every Wednesday and Friday for Actions entered at the Woodstreet Compter and every Thursday and Saturday for Actions entered at the Poultry Compter There is eight Attorneys belonging to these Courts who of right ought to have three Fees in every Cause that is or shall be brought to Trial viz. a Fee For the Appearance a Fee at Issue and a Fee upon Summons for Trial But if the Cause shall be summoned more than once he is to have a Fee upon every Summons Note That an Attorneys Fee in this Court is 1 s. 8 d. and no more The Attorneys of these Courts are admitted by the Court of Aldermen and must take the following Oath The Oath of the Attorneys of the Sheriffs Courts YE shall swear that ye shall well and lawfully do your Office of Attorney and well and lawfully examine your Client and their quarrel without Champarty and without procuring of any Iuries or any Enquest embrasing And that ye shall change no quarrel out of his nature after your understanding Also ye shall plead Ne ley ne suffer to be pleaded or leyed by your assent no Forreign Release Acquittance Payment Arbitration plain Accompt whatsoever it be to put the Court out of his Iurisdiction nor none other matter but it be such as ye may find rightful and true by the Information of your Client whose information and saying upon your Oath and Conscience ye shall think to be true And ye shall not enform ne enforce any man to sue falsly against any person by false or forged Action Ready ye shall be at all times to come and attend at the warning of the said Major and of the Sheriffs of the said City unless ye be letted about the business of this City or for some other reasonable cause The Franchises Laws and Ordinances of this City you shall keep and do to be kept to your power And that well and lawfully ye shall do all things that to the Office of Attorney pertaineth to do As God help you There is two Secondaries two Clerks of the Papers two Prothonatories and eight Clerk-sitters belonging to these Courts The Secondaries allow and return all Writs brought to remove Causes out of these Courts The Clerks of the Papers file and copy all Declarations upon Actions in these Courts The Prothonatories do draw and ingross all such Declarations The Clerk-sitters enter Actions and Attachments and take Bails and Verdicts The Attorneys have not the custody of any Record belonging to these Courts their business is only to take their Fees due to them in every Cause and to give their Clients notice of Declarations and Trials and to advise them when and what to plead All Subpoena's for Witnesses to appear in these Courts are made by the Clerks belonging to the Judges of these Courts The Fees for a Trial in these Courts The Action 0 4 The Arrest 1 0 The Attorneys Fee 1 8 The Declaration if general 1 4 The Court Fees hereon 0 8 The Deletur 0 4 The Issue and Attorneys Fee 4 0 The Summons of the Jury and Attorney's Fee 4 8 The Subpoena 2 0 The Councel well deserve 5 0 The Juries Verdict 4 6 The Judgment 2 6 The Execution 1 4 If the Declaration be special the Prothonatories Fee for every sheet drawing and ingrossing is 0 8 The Defendants Fees for a Trial. The Attorneys Fee for Appearance and the Court Fees 2 6 The Copy of the Declaration 4 d. per sheet The Issue and Attorneys Fee 3 8 Attorneys Fee upon the Summons 1 8 After a Verdict obtained in either of these Courts and before Judgment entered the Defendant may stop Judgment by marking the Cause before the Lord Major for time to pay the Money recovered which he may do by speaking to an Attorney in the Majors Court and giving him
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
it shall happen that six Months after F. shall become indebted to W. or have Goods in his hands belonging to W. the Plaintiff by virtue of the Attachment made as aforesaid shall recover the Money or Goods he shall prove came to tâ—e hands of F. after the Attachment made The General Issue upon all Attachments being whether F. who is called the Garnishoe at the time of the Attachment made or at any time after had any Moneys or Goods of W. in his hands Thirdly An Attachment made in this Court must be there tried and cannot be removed nor tried in any other Court whereas an Attachment made in the Sheriffs Court may at any time before trial be removed into this Court by a Warrant signed by the Lord Major or Recorder which Warrant is called a Levetur Querela the charge whereof is 5 s. 10 d. and is made in this Form Levetur Querel ' inter W. B. Quer ' G. R. Defend ' Attach ' superindo fact ' in manibus P. W. praemon ' in pl'ito c. If it be an Action only to be removed the Warrant must be made thus Levetur Querel ' inter C. F. Quer ' J. W. Defend ' in pl'ito c. The Levetur Querela must be written by an Attorney of this Court for which he receiveth 4 d. and for his Fee 1 s. 8 d. and then must be delivered to one of the six Officers before mentioned to procure my Lord Major or the Recorder to sign the same for which 4 d. is due to his Lordship and is constantly paid And after the Warrant is signed the Officer must carry it to the Clerk of the Papers belonging to the Compter where the Action was entered and give him 2 s. 6 d. to allow the same Levetur and to certifie the Action or Attachment and the Officer for his pains hath 1 s. and so the 5 s. 10 d is distributed Fourthly An Attachment may be tried in this Court for 30 s. although the Concern be 500 l. But by reason of new Devices of Continuances in the Sheriffs Court the charge of a Trial there comes to much more The Court of Common Councel in London took notice thereof and in the Year 1669. in the Majoralty of Sir Richard Ford made an Act Intituled An Act for the better regulating of the Courts of Law in the Guild-hall London Which Act amongst other matters therein contained is as followeth BE it enacted ordained and established by the Right Honourable the Lord Major the Right Worshipful the Aldermen his Brethren and the Commons in this Common-councel assembled and by the Authority of the same That no person or persons be at any time hereafter admitted into any the Places or Offices of Secondaries of the Compters Clerks or Attorneys in the Majors Court Clerk of the Papers Clerk Sitters Attorneys in the Sheriffs Courts of this City Sergeants or Yeomen of the Compters but that he or they do first take his or their Freedom of this City according to former Acts and Orders of Common-councel And forasmuch as it is observed that the Clerks and Attorneys of the Majors and Sheriffs Courts of this City do breed and bring up under them a multitude of young Clerks taking with them considerable Sums of Money but for shorter terms than hath been accustomed within this City And the Attorneys Clerks and Officers of and belonging to the Sheriffs of London and the Sheriffs Courts do often tender themselves to the Defendants Arrested in the Sheriffs Courts to become their Bail whereby in case of the Defendants absenting himself all possible means are used to delay and disappoint the Plaintiffs in their just Suits to their great wrong and abuse of Iustice Be it therefore ordained enacted and established by the said Lord Major Aldermen and Commons in this Common-councel assembled anâ— by the Authority of the same That nâ— person or persons whatsoever be henceforth at any time admitted or capable to be admitted a Clerk or Attorney in one of the Courts of this City before he or they shall bona fide have served some Master-Clerk or Attorney in one of the Courts of this City as a Clerk the full term of seven years And that every or any Grant or Admission that shall happen at any time hereafter to be made contrary to this Act shall be null and void as if it never had been made and that no Attorney Clerk or Officer of or belonging to the Majors Court or Sheriffs or their Clerks or Servants nor any of them do or shall at any time from and after the Twenty third day of October instant presume to become Bail for any person or persons whatsoever in any Action Attachment or other Suit or Cause whatsoever that shall be entered commenced or depending in the Majors Court or Sheriffs Courts and that neither the Clerk of the Bails in the Majors Court nor Clerk of the Papers nor Clerk-sitters of the said Sheriffs Courts nor any of them nor their nor any of their Clerks or Servants nor any other whose Duty it is to take the Bails do presume from and after the said Twenty third day of October to take accept and enter upon Record any of the said Attorneys Clerks or Officers or any of their Clerks or Servants for the Bail of any person or persons whatsoever And to the end that the said City Courts as well the Majors as the Sheriffs Courts may be supplied from time to time with able and sufficient Iury-men be it further ordeined and enacted by the said Lord Major Aldermen and Commons in Common-councel assembled and by the Authority of the same That no person or persons whatsoever be at any time hereafter returned by any Inquests of the Wards of this City to serve as Iury-man or Iury-men either Grand or Petty in the Courts of this City but such men as either have been or for time to come shall be Subsidy men and so taxed in the King's Books or in Default thereof such other discreet and sufficient persons as shall be equal in Quality and Estate with them and that the Issues upon default of Iury-men Appearances be constantly levied and duly and truly answered And whereas the said Court called the Lord Majors Court is an ancient Court of Record wherein Causes both of Law and Equity and also Attachments are determinable and the same Court is Superiour to the Sheriffs Court and whereas also the Lord Major for the time being of ancient Custom and constant Practice hath and have whereof the memory of man is not to the contrary ever had Power and Authority by his Warrant called Levetur Querela to remove Causes from and out of the Sheriffs Court into the Lord Majors Court without any restriction or limitation of time so as the same Levetur he brought before the Iury or any of them summoned for trial of such Cause or Causes shall be sworn and whereas of very late time such Levetur hath been often disallowed
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
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
Interest for any Money that shall be paid into the Chamber of London by any Executor or Administrator belonging to any Freemans Estate until such time as the Executor or Administrator of such Freeman do bring in and exhibit upon Oath a true and perfect Inventory to his knowledge of all the Goods Chattels Plate Jewels ready Money and Debts which did belong to such Freeman at the time of his death It is the interest and advantage of all Executors and Administrators of Freemen to exhibit Inventories of the Estates of such Freeman within the time limited and appointed by the Court of Aldermen for the doing thereof especially such as shall leave no greater Estate then to pay their Debts For if upon the bringing any Inventory into the Court of Aldermen it shall appear to the Court that the Testator did not leave more Estate then to pay his just Debts in such case the Court will discharge such Executor or Administrator of the Recognizance he gave for exhibiting an Inventory without paying any Fee to any Officer whatsoever Provided such Executor or Administrator bring in such Inventory when he shall have notice from Mr. Common Crier so to do The Court of Aldermen do commit the custody of Orphans to such person or persons as they shall think sit and if any person whatsoever do intermarry with any Orphan without the consent of the same Court first obtained such person may be fined by the said Court according to the quality and portion of the Orphan and unless such person do pay the Fine or give Bond to pay the same in some reasonable time the Court of Aldermen may commit him to Newgate there to remain until he submit to their order And although such person shall have ten times a better Estate then the Orphan he intermarries yet he must submit to pay such Fine as the Court shall impose upon him But if he settle an Estate upon the Orphan as the Court shall direct and make application to the same Court by Petition to have the Fine remitted they will in probability shew favour to such person as they have done in the like cases This Custom hath been adjudged reasonable and was argued in the Court of Kings Bench in the Case of a Merchant that had a good Estate who intermarried with an Orphan without the consent of the Court of Aldermen The Orphan had but 200 l. or thereabouts in the Chamber of London but her Portion was 800 l. and upon hearing the matter in the Court of Aldermen the Merchant did seem to justifie himself because he had the consent of the Orphans Relations Thereupon the Court ordered him to pay 40 l. as a Fine which he refused and was committed to Newgate And after some considerable time he brought a Habeas Corpus which was allowed and the cause of his Imprisonment returned and upon perusal of the Return and after long debate had by Counsel on both sides the Court of Kings Bench remanded the Gentleman back to Prison and directed him to submit to the Court of Aldermen which he did by paying the Fine and was thereupon discharged but upon his humble Suit to the Court a great part of his Fine was returned The Lord Major Aldermen and Commons of the City of London in Common Councel have made several good Acts and Orders to prevent Freemens Children from marryiâ—â— without the consent of their Parents and Guardians and to keep them from vicious Courses more particularly by an Act of Common Councel in the Majoralty of Sir Andrew Judd Knight in the Fifth year of King Edward the Sixth It is enacted and established for a Law perpetual to be observed and kept within the said City as followeth viz. FIrst If any Manchild or Woman-child shall maliciously go about or attempt to do or cause to be done any bodily harm death or destruction to his or their Father or Mother or if any Mankind do hereafter marry or contract marriage in the life of his Father or Mother by whom he will claim any portion under the age of One and twenty years without the consent of his said Father or Mother by whom he will claim any portion or if any Woman-child do hereafter marry or contract marriage in the life time of her Father or Mother or other Parents by whom she shall claim any portion before the age of eighteen years without the consent of her Father or such other Parent by whom she shall or may claim any portion or if any Manchild be a Chief or a Felon or common Whore-hunter or common Dicer or common player at unlawful Games notoriously known or if any Womanchild shall hereafter commit any whoredom or be a common picker that then every of the persons so offending shall be barred and excluded to have or demand any portion Provided always that it shall be lawful for the Father or Mother of any such Child or Children to give and bequeath in Legacy to such Child or Children asmuch as the portion of such Child so offending shall amount unto by the Custom of the said City and then such child thereby to be enabled to have and demand the same as portion this Act notwithstanding so that the same Legacy be contained in his or their Testament in writing and not otherwise and that then and from thenceforth his said child or children to be admitted and restored to claim such Legacy or Legacies in such sort manner and form as if there had been never such offence done or committed by any such child Item It is further ordained enacted authorized and established by Authority aforesaid That if any Womanchild being an Orphan and under the age of One and twenty years at any time hereafter after the death of her Father do censure or contract herself in marriage or else according to the Ecclesiastical Laws of this Realm do perfectly solemnize or consummate marriage with any Freeman of this City the consent and agreement of the Lord Major and Aldermen of the said City of London for the time being not obtained and had that then for every such default and offence committed or done by any Orphan or Orphans of the said City the same being confessed or sufficiently proved by two Witnesses or otherwise before the Lord Major and Aldermen of the said City of London for the time being at and in a Court of Aldermen she or they that so happens to behave her or themselves as is aforesaid shall forfeit and forego and lose 12 d. of and for every pound so due or to be due unto her or them by reason of any such Orphanage the said sum of 12 d. for every pound to go or be to the use of the Chamber of the said City according to the ancient Custom before this time in such case used And if the said contract or marriage of such Orphan or Orphans be made with any forreign not being free of this City at the time of any such contract or marriage made that
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
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
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