memory King Henry the Eighth as a course thought fit and agreeable for that time Ordain establish and enact that no manner of person or persons being estrange from the liberties of the said City from thenceforth should hold or keep any open Shop or Shops within the said City or Liberties of the same neither with any Lattice before nor yet without Lattice certain numbers of poor men occupying the Seat of Botchers Tailors and Coblers only except upon pain of Imprisonment and also to forfeit and pay Forty shillings to the use of the Commonalty of this City as often times as he or they should do the contrary And where also the Lord Major Aldermen and Commons of the same City did afterwards the Twentieth day of January in the said Seventeenth year of King Henry the Eighth reciting that whereas a Common Councel holden the Sixteenth day of May in the Seventeenth year of the Reign of King Henry the Eeighth It was ordained and enacted That no manner of person or persons being estrange from the Liberties of this City from thenceforth should hold or keep any Shop or Shops within this City or the Liberties of the same neither with any Lattices before nor yet without any Lattice upon pain of Imprisonment further ordain and establish That if any person or persons being Forreign should hold and keep any open Shop or Shops as is aforesaid he should forfeit for every time so doing Forty shillings to be levied by distress to the use of the Commonalty of the said City by the Chamberlin for the time being or other Officer of this City And also have Imprisonment by direction of the Major and Aldermen for the time being Now forasmuch as divers and sundry Strangers and Forreigners from the Liberties of the said City nothing regarding the said ancient Charters Franchises Customs or Liberties of the said City and Acts and Ordinances heretofore made according to the same but wholly intending their private profit have of late years devised and practised by sinister and subtil means how to defraud and defeat the said Charters Liberties Customs good Grders and Ordinances and to that end do now inwardly in privy and secret places usually and ordinarily shew sell and put to sale their Wares and Merchandizes and use Arts Trade Occupation Mysteries and Handicrafts within the said City and Liberties of the same to the great detriment and hurt of the Freemen of the said City who pay lot and scot bear Offices and undergo other Charges which Strangers and others not Free are not chargeable withal nor will perform For reformation of which disorders and avoiding of such prejudice and damages as thereby groweth to the Freemen of the said City and is now more of late used then was in any time heretofore suffered and to provide for the common profit and good of the Freemen and Citizens of this City It is therefore by the Lord Major and Aldermen and Commons in this Common Councel assembled ordained and established that no person whatsoever not being Free of this City of London shall at any time after the Feast of St. Michael now next ensuing by any colour way or means whatsoever either directly or indirectly by himself or by any other shew sell or put to sale any Wares or Merchandizes whatsoever by Retail within the City of London or the Liberties or Suburbs of the same upon pain to forfeit to the Chamberlin of the City of London for the time being to the use of the Major and Commonalty of the said City the sum of five pounds of lawful money of England for every time wherein such person shall shew sell or put to sale any Wares or Merchandizes by Retail within the said City Liberties or Suburbs thereof contrary to the true intent and meaning thereof And it is further ordained and established That no person whatsoever not being free of the City of London shall at any time after the said Feast of St. Michael now next ensuing by any colour way or means whatsoever directly or indirectly by himself or by any other keep any Shop or other place whatsoever inward or outward for shew sale or putting to sale of any Wares or Merchandizes whatsoever by way of Retail or use any Art Trade Occupation Mystery or Handicraft whatsoever within the said City or the Liberties or Suburbs of the same upon pain to forfeit the sum of Five pounds of lawful money of England for every time wherein such persons shall keep any Shop or other place whatsoever inward or outward for shew sale or putting to sale of any Wares or Merchandizes whatsoever by way of Retail or use any Art Trade Occupation Mystery or Handicraft whatsoever within the said City or Liberty or Suburbs of the same contrary to the true intent and meaning hereof All which pains penalties forfeitures and sums of money to be forfeited by virtue of this Act or Ordinance shall be recorded by Action of Debt Bill Plaint to be prosecuted in the name of the Chamberlin of the City of London for the time being in the Kings Majesties Court to be holden in the Chamber of the Guild-hall of the City of London before the Lord Major and Aldermen of the said City wherein no essoin or wager of Law shall be admitted or allowed for the Defendants And that the Chamberlin of the City for the time being shall in all Suits to be prosecuted by virtue of this Act or Ordinance against any Offender recover the ordinary Costs of Suit to be expended in and about the prosecution thereof And further that one equal third part of all Forfeitures to be recovered by virtue hereof The costs of the Suits for recovery of the same being deducted and avowed shall be after the recovery and receipt thereof paid and delivered to the Treasurer of Christ's Hospital to be imployed towards the relief of the poor Children to be brought up and maintained in the said Hospital and one other equal third part to him or them which shall first give Information of the Offences for which such Forfeitures shall grow and prosecute Suit in the name of the Chamberlin of the said City for recovery of the same any thing in this Act to the contrary notwithstanding Provided always that this Act or Ordinance or any thing herein contained shall not extend to any person or persons for bringing or causing to be brought any Victual to be sold within this City or the Liberties thereof but that they and every of them may sell Victual within the said City and the Liberties thereof as they might lawfully have done at the making hereof any thing herein contained to the contrary in any wise notwithstanding If a Freeman of London shall imploy a Forreigner to work within the City or Liberties he forfeits 5 l. a day and an Action lies against him for the same In like manner pursuant to an Act of Common Councel made in the Majoralty of Sir William Garrard Knight which Act is as followeth
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
LEX LONDINENSIS OR The City Law Shewing the Powers Customs and Practice Of all the several COURTS Belonging to the FAMOUS CITY OF LONDON VIZ. The Lord Majors Court The Orphans Court The Court of Hustings The Court of Common Councel The Court of Aldermen The Wardmotes The Courts of Conservacy for the River of Thames The Court of Conscience The Sheriffs Court The Chamberlains Court TOGETHER With several Acts of Common Councel very useful and necessary to be known by all Merchants Citizens and Freemen of the said City And also A Method for the Ministers within the said City to Recover their TITHES With a TABLE to the whole Book LONDON Printed by S. Roycroft for Henry Twyford in the Hall-Court of the Middle Temple 1680. THE PREFACE THE City of London being the Metropolis of this Kingdom hath had many large Priviledges and Immunities granted to it by the Favour and Munificence of the Ancient Kings of England and continued to this Day which hath occasioned the erecting and establishing several Courts therein the better to dispence the benefit of the said Grants to the Citizens and Inhabitants of that City And indeed whosoever shall consider the said Priviledges and the nature and Jurisdiction of the said several Courts may conclude there is nothing left for the Citizens to desire for the happy and good Government of that City for the Advancement of the Trade thereof and for the securing every man's Property therein which is not already granted to them and which by the benefit of the said Courts they may not enjoy Some of which Priviledges belong to all the Inhabitants as the Recovery of their just Debts and Demands without travelling for the same out of the Liberties of the City which may be done either in the Lord Major's Court or the Sheriffs Courts The Enrolling of Deeds Settling Estates and Docking Entails by Recoveries of Houses and Lands in the said Liberties which are to be done in the Court of Hustings Other belong only to the Freemen of the said City as the Preservation of the Estates of Orphans by the Court of Aldermen the regulating all Matters of Difference between Masters and their Apprentices by the Chamberlain the easie recovering of small Debts under forty shillings by the Court of Conscience the choice of Officers and ordering of Parish Affairs by the Courts of Wardmotes and the making of By-laws for rectifying any abuses and for the well Government of the City by the Court of Common Councel and by the Lord Major and Court of Aldermen And that nothing may be wanting which may any way conduce or tend to the welfare and convenience of this City the Government of that famous pleasant and profitable River of Thames upon one side whereof it is situated is granted to the said City and managed by the Lord Major at his Courts of Conservacy for the said River As the benefit of these several Courts are very great so the knowledge of the practice and usage of them must needs be very desirable to the Citizens and Inhabitants there being very few but at some time or other must necessarily be cencerned in some if not most of them There hath been several times printed a Tract called The City Law which treats of some of these Courts But there being many Omissions and Defects therein this Discourse hath not only supplyed the same but also rectified the mistakes therein shewing at large the Powers Authorities Customs and Vsages of all the above-mentioned Courts as well to the Delight and Pleasure as to the Profit and Benefit of the Reader In this Treatise are inserted several Acts of Common Councel all of them so necessary or at least expedient to be known that this Discourse would hardly be compleat without them This whole Work being Composed and Digested for the Publick good and benefit it is hoped it may meet with a favourable and candid Reception and that the Reader will pardon the Faults and Errata's of the Printer THE LAW and PRACTICE Of the several COURTS Belonging to the Famous City OF LONDON Of the Lord Majors Court THE Lord Majors Court commonly called the Majors Court in London is a Court of Record and is held in the Chamber of the Guildhall The Recorder of the City of London for the time being is Judge of this Court but the Lord Major and Aldermen may sâ—t as Judges with him if they please This Court being held by Custome and all the Proceedings are said to be before the Major and Aldermen The Sheriffs of London may in like manner sit with the Judges of the Sheriffs Court The Proceedings in that Court being also said to be held before the Sheriffs respectively In this Court all manner of Actions may be entered and tried by a Jury as in other Court for any Debt Trespass or other matter whatsoever arising within the Liberties of London and to any value whatsoever and is not a Court of Equity only as many Citizens suppose and to this day believe There is only four Attorneys belonging to this Court who upon their admission by the Court of Aldermen take the Oath following The Oath of an Attorney of the Majors Court. YOU shall swear that you shall well and lawfully do your Office of Attorney and well and lawfully examine your Clients and their quarrels without Champerty and without procuring of any Iuries or any Enquests embracing And that you shall change on quarrel out of its nature after your understanding Also you shall plead ne ley nor 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 its Iurisdiction nor none other matter but it be such as you shall find rightful and true by the information of your Clients whose information and saying upon your Oath and Conscience you shall believe to be true And you shall not inform ne inforce any man to sue falsly against any persons by false or forged Actions Attendant ye shall be upon the Major of the said City for the time being and ready ye shall be at all times to come at the warning of the said Major but if ye be letted about the Business of the said City or by some other reasonable cause Ye shall not deliver any Book or any manner of Copy to any person of any thing that toucheth the Liberty of this City without licence and oversight of the Major Recorder and Town-Clerk of this City for the time being or of two of them or shew to any person any Book concerning the Customs of the said City nor suffer any Person to look upon any such Book of Customes at any time saving only the Councel of this City but that ye shall keep the same Books secret among your selves The secrets of this Court ye shall keep and not disclose any thing there spoken for the Common weal of the said City that might hurt any Person or Brother of the said Court
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
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
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
Major and Sheriffs jointly Writs of Right are made as followeth in these words CAROLVS Secundus Dei gratia Angl ' Scotie Francie Hibernie Rex Fidei Defensor ' c. Majori Vicecomibus London salutem Precipimus vobis quod sine dil'one plenum rectum teneatis R. B. de septem Messuagiis cum pertinentiis in London que clamat tenere de nobis per liberum servitium unius denar ' per annum pro omni servitio que J. B. ei deforc ' Ne amplius inde clamore audiamus pro defectu recti Teste meipso apud Westmonasterium die Anno Regni nostri Tricesimosecundo Which Writs have this Process by Custom of the City viz. the Tenants shall have three Summons at three several Hustings and three Essoigns The Summons are after this manner Per Majorem Viâ— ' London PRecipimus vobis quod summon ' primo per bonos summonitor ' J. B. quod sit hic ad prox ' Hustingum London de pl'itis terre in Guihald ' Civitatis pred' tenend ' c. ad respondendum R. B. in pl'ito terre c. Et habeatis tunc ibidem nomina illorum per quos c. Et hoc preceptum c. Dat' apud Guihald ' Civitatis pred' die Anno c. After the Sheriff hath returned all the Summons three Essoigns are allowed and after that a View if desired The Essoign is recorded after this manner Pl'ita terre tent ' c. AD hunc Hustingum J. B. essoin ' est primo versus R. B. in pl'ito terre c. per Johannem Auncient ' Ric'um Custome secundum consuetud ' c. Election of Burgesses and other Officers IN this Court the Burgesses to serve for the City in Parliament must be Elected by the Livery-men of the respective Companies Upon every Michaelmas day it is the Custom to choose a Lord Major for the Year following and the useage is to put all those Gentlemen in nomination that are Aldermen under the Chair who have held the Office of Sheriff The Commons must choose two and retorn their Names to the Lord Major and Aldermen who elect which of the two they think most fit to hold the place and signifie their choice to the Commons And the Person so elected must be presented to the Lord Chancellor and afterwards must be sworn at Guildhall on St. Simon and Judes day and the day after at the Exchequer Upon Midsomer day the Livery-men of the respective Companies do choose Sheriffs But my Lord Major by his Prerogative may drink to any Citizen and nominate him to be one of the Sheriffs and the usage hath been for the Commons to confirm such Person and to elect another to serve with him And after the Sheriffs are elected the Commons choose two Auditors for the Chamber and Bridge-house Accompts a Chamberlain two Bridgmasters and four Ale-Conners Note That the Sheriffs are Judges of the Elections and do declare by Mr. Common Sergeant who are the Persons elected After the Sheriffs are so elected they take an Oath at Guildhall upon Michaelmas-Eve and the day after Michaelmas day must be presented to the Barons of the Exchequer and when they are sworn it is not in the power of the Commons to remove them at their pleasure The Chamberlain and Bridge-Masters after Election take the usual Oath before the Lord Major and Court of Aldermen THE COURT OF Common Councel THis Court is held in the Chamber of Guildhall before the Lord Major Aldermen and Common Councel-men of the City of London at such times as the Lord Major shall appoint and direct it being in his Lordships power to call and dismiss this Court at his pleasure Several Committees are Annually appointed and elected by this Court for the better and more speedy dispatch of the Cities Affairs who make report to this Court of their doings and proceedings as occasion requires viz. 1. A Committee of six Aldermen and twelve Commoners for letting and demising the Cities Lands and Tenements who usually meet every Wednesday in the Afternoon at Guildhall for that purpose 2. A Committee of four Aldermen and eight Commoners to let and dispose of the Lands and Tenements given by Sir Thomas Gresham who usually meet at Mercers-Hall at such times as the Lord Major for the time being directs and appoints It being the Custom to elect the Lord Major one of this Committee 3. This Court doth also Annually elect Commissioners for the Sewers and Pavements 4. This Court doth also Annually elect a a Governour Deputy-Governour and Assistants for management of the Cities Lands in Vlster in Ireland pursuant to the King's Charter which is as followeth viz. WE will also and by these presents for Vs our Heirs and Successors do grant constitute and ordain That the aforesaid Society of the Governor and Assistants of London of the New Plantation in Ulster within the Realm of Ireland for ever hereafter shall be yearly elected and appointed by the Major Aldermen and Commonalty of the said City of London at the first Common Councel to be holden in the same City of London next after the Feast of the Purification of the blessed Virgin Mary at which time the Deputy of the Governor and twelve of the same persons which have been Assistants for the Year precedent shall be removed from their Office and one other Deputy and twelve other Assistants shall be of new named supplied and appointed into the places of the same Deputy and Assistants so as aforesaid to be removed for the help of the Governor and Assistants not removed for One year next following And that at the end of that year then next following such former Assistants which continued in the same Office in that year then preceeding shall be then likewise removed and others shall be likewise of new named supplied elected and appointed into their places and so by an interchangeable course so that twelve of the same Assistants shall be and continue in their places during the tearm of Two Years And further We will ordain and constitute for Vs our Heirs and Successors That at a Common Councel in the aforesaid City of London next after the Feast of the Purification of the blessed Virgin Mary next after the date of these Presents the nomination and election of the aforesaid Governor Deputy and Assistants be shall be and shall be made in form aforesaid and so from thenceforth yearly from time to time for ever A Stranger born may be made Free of this City by Order of this Court and not otherwise The several Places of Common Sergeant Town-Clerk and Common Crier are in the Gift of this Court The Judges of the Sheriffs Courts have sometimes been elected by this Court and sometimes by the Court of Aldermen After the Death of John White late Clerk of the Court of Requests commonly called the Court of Conscience in London this Court did elect and choose Major Gunstone Clerk in his stead but Mr. White
Inducted and Admitted into the Parish aforesaid and hath for that time officiated and preached as Incumbent and Parson of the said Parish in a convenient place within the said Parish nominated and appointed by the Lord Bishop of London And whereas an Assessment of Ten shillings per Annum hath been duly made upon a certain House called or known by the Name or Sign of the Bull within the said Parish now and for two years last past inhabited by R. B. towards the raising of the Maintenance of the said A. B. the said present Incumbent of the said Parish according to a late Act of Parliament Intituled An Act for the better Settlement of the Maintenance of the Parsons Vicars and Curates in the Parishes of the City of London burnt up by the late dreadful Fire there And whereas I am informed that the sum of Ten shillings is due and payable to the said A. B. Incumbent and Parson of the said Parish for four quarters payment of the said Rate and Assessment at the Feast of the Annuntiation of the blessed Virgin Mary last past before the date hereof And forasmuch as Oath hath been this day made before me Sir J. S. Lord Major of the City of London by C. W. he being the person appointed to collect the said Assessment that he hath lawfully demanded the said Ten shillings at the said House whereat the same is payable And that the said R. B. the said Inhabitant of the said House in the Parish aforesaid doth refuse and neglect to pay to the said A. B. the said present Incumbent of the said Parish the said sum of Ten shillings to him payable as aforesaid These are therefore in his Majesties Name streightly to Charge and Command you the said C. W. being the person appointed to collect the same with the Assistance of a Constable in the day time to levy the said sum of Ten shillings so due and in arrear and unpaid of the said Assessment on the House aforesaid by Distress and Sale of the Goods of the said R. B. restoring unto him the Overplus of such Goods over and above the said Ten shillings and the reasonable Charges of making the said Distress according to the said Act in such case made and provided And these are further in his Majesties Name streightly to Charge and Command all and every the Constables within this City and Liberties thereof to be aiding and assisting unto the said C. W. in the due execution hereof and this shall be your Warrant Dated c. To C. W. and all every or any of the Constables within the City of London and Liberties thereof The Lord Major for the time being may grant a Warrant under his Hand and Seal to examine and try Weights and Measures which is usually done in these words viz. Lond ' ss WHereas great Abuses are and have been committed in the City of London and Liberties thereof by using and keeping unlawful unsealed and unsized Weights and Measures which are found to be very false and deceitful and not warrantable by his Majesties Laws to be used in buying and selling And whereas many persons Inhabitants within this City and Liberties thereof as I have been informed do ordinarily use Weights called or known by the name of Venice Weights not allowed or appointed by the Laws of this Realm nor by any other lawful Authority and do usually buy by one Weight and sell by another These are to authorize and appoint you and either of you my lawful and sufficient Deputies at all and every time and times fit and convenient peaceably and quietly to enter into all Shops Houses Warehouses and other places whatsoever within this City Liberties thereof where any Beams Weights Measures Yards Ells Sacks for Charcoals and such like shall be suspected to be and there to try and search all manner of Beams Weights Sacks for Charcoal and Measures whatsoever whether they be true just sealed and sized as by the Laws and Statutes of this Land they ought to be and if you or either of you shall find any false Beams or any unlawful unsealed or unsized Weights Sacks or Measures That then you bring the same or cause the same to be brought to Guildhall there to remain until Order shall be taken for the defacing or otherwise disposing thereof and certifie me the Names and Sirnames and dwelling places of the Offenders to the end they may be dealt withal as to Iustice shall appertain and as the Law requireth And also if you or either of you do find any of the said Sacks of Charcoal that shall not be well and sufficiently filled that then you or either of you do cause the said Sacks to be set upright and filled out of the rest of the said Sacks according as is directed and appointed that so the people of this City may not be deceived therein And I do hereby require in his Majesties Name to Charge and Command all and every the people of this Nation resorting to and inhabiting in this City or Liberties thereof who have used or do use or shall have any cause to use Weights or Sacks for Charcoals or Measures that they do not in any wise hereafter use any but those that are or shall be just and true and that they do not in any wise from henceforth hinder or withstand my said Deputies or either of them in the due Execution of the Premisses And I do hereby require all Constables Serjeants at Mace and Beadles of the Ward and other Officers and Ministers whatsoever within the said City and Liberties thereof that they be aiding and assisting to my Deputies J. M. and G. M. Citizens and Weavers of London and either of them in the due and lawful Execution of the Premisses as they and every of them will answer the contrary if they shall fail or refuse to do that which shall be lawfully required of them in that behalf Dated c. To J. M. and G. M. and to either of them The Lord Major and Aldermen may if they please punish all Constables and others that shall neglect to Watch pursuant to an Act of Common Councel made in the Majoralty of Sir John Robinson Intituled An Act for the better ordering of the Night Watches within the City of London and Liberties thereof which followeth in these words WHereas by the ancient good and laudable Custom of the City of London all and every person and persons which do dwell occupy or inhabit in any House or Houses within the same City or the Liberties thereof as well such as are not free of the said City as other the Freemen of the same being persons able and fit to watch or to find an able and fit person to watch for him her or them or in his her or their stead ought by reason of their habitation occupation and dwelling to keep watch within the Ward wherein he she or they do occupy and inhabit for the preservation of the King's Peace and for
the arresting and apprehending of all Night-walkers Malefactors and suspected persons which shall be found passing wandring and mis-behaving themselves And whereas every Constable of any Precinct is a Constable to all intents and purposes not only in the Precinct and Ward where he dwelleth but in all and every other Precinct Ward and place within the said City and the Liberties thereof And whereas there is now and of late years hath been by reason of the great concourse of people from all parts to the said City great necessity of a strong and sufficient Watch to be kept every Night within every Ward of the said City and the Liberties thereof and it hath been thought fit and provided by former Orders and Acts of Common Councel for the safety and peace of the said City that the number of men to watch every night in every Ward throughout the said City and Liberties thereof shall be as hereafter particularly followeth viz. Aldgate 34 Dukes-place 10 Aldersgate 44 S. Martin's le Grand 12 Bishopsgate 80 Broadstreet 30 Billingsgate 30 Bridge within 25 Bassishaw 12 Breadstreet 26 Cornhill 16 Candlewick 24 Cordweiner 24 Cheap 25 Cripplegate within 40 Colemanstreet 32 Cripplegate without 90 Castle Baynard 40 Dowgate 36 Farringdon within 50 Mugwelstreet 4 Blackfriers 14 Farringdon without 130 Whitefriers 8 Bridewel Precinct 8 Bartholomew Great 10 Bartholomew Less 4 Limestreet 11 Langborn 34 Portsoken 60 Queenhith 40 Tower 40 Vintry 34 Walbrook 20 Yet nevertheless the said Watches are very weak and wanting by reason that many ill-affected persons not willing to do any duty for the publick safety or not proportionable to the number of the Inhabitants where they dwell under pretence that they ought not to watch with any other Constable then the Constable of the Precinct wherein they inhabit whereas several Precincts within the said City and Liberties of late by multiplicity of new Buildings and Divisions of Houses are grown far more populous than other Precincts and many Precincts have not Inhabitants to make up a third fourth fifth or sixth part of the number of Watchmen aforesaid or a competent number of Watchmen for safeguard of the said Ward so that without some way other then the Inhabitants of every Precinct to watch with the Constable of that Precinct or some new Division of every Ward for proportioning and appointing the number therein to keep watch a sufficient Watch cannot be kept whereof divers refractory persons taking advantage and pretending that they are not by Law compellable thereunto will not yield obedience to the Government of the said City therein but refuse to watch when they are required whereby the Watches are generally much neglected and the Constables and other Officers much troubled and discouraged and the said City and Inhabitants therein much damaged and indangered thereby and likewise upon several occasions and disturbances of late have been put upon great and extraordinary charge and trouble in serving upon Military Guards of the Trained Bands and Auxiliary Forces of the said City Now the Right Honourable the Lord Major the Right Worshipful the Aldermen his Brethren and the Commons in this Common Councel assembled taking the Premisses into their consideration and conceiving it very necessary at all times that there should be sufficient Watches kept within the said City of London and Liberties thereof for remedy therein and for the better ordering and establishment of the Watches to be hereafter duly kept within the said City and the Liberties thereof do Enact and Ordain and be it Enacted and Ordained by the said Lord Major Aldermen and Commons in this Common Councel assembled and by Authority of the same that one Constable with the Beadle in every Ward and the said number of persons respectively shall watch every Night in every of the Wards aforesaid respectively from nine of the Clock in the Evening till seven of the Clock in the Morning from Michaelmas-day till the first of April and from the first of April till Michaelmas-day from ten of the Clock in the Evening till five of the Clock in the Morning And that the Alderman Deputy and Common Councel-men of every of the said Wards respectively or the major part of them shall forthwith take an exact Survey of all the Inhabitants and House-keepers within their respective Wards who are able and fit to watch or find Watchmen and shall nominate and appoint one Constable in their said Wards with the Beadle of their respective Wards and the full number of Inhabitants within the said respective wards according to the proportions beforementioned to watch eery night within the respective Wards beginning at one certain place within the said respective Wards from thence to proceed go forward in an orderly way and appoint the next Night one other Constable and the like full number of Inhabitants next adjoyning unto those who watched the Night before and so to proceed forward through the Ward one Constable and the full number of Inhabitants to watch every Night and then to begin again with those Inhabitants who first watched and proceed forwards every Night in turn as aforesaid without respecting any one Precinct more than another but that all the Inhabitants within the said Wards respectively do watch or find Watchmen in their turns as aforesaid who shall watch with the Constable appointed as aforesaid though he be not of the same Precinct as the Inhabitants be and that all the Constables within the respective Wards shall in their turns one after another watch with the said Inhabitants and when they have watched all over by turns as aforesaid he that began shall begin again and the rest follow in their turns and so one after another as often as it shall come to their or any of their turns And that the said Alderman Deputy and Common Councel-men of the respective Wards aforesaid or the major part of them shall likewise appoint a certain place within the said Ward where the Constable and all the Watchmen shall every Night first meet for that Night agree to what places they shall afterwards go to watch in the said Ward in such manner and order that the Constables and Watches of every Ward may maintain a correspondence and intelligence with each other and be ready upon some sound or sign to be made or given to come in in an instant if there be need upon any disorder or other occasion to the help and assistance of one another and shall also appoint the number of Watchmen which shall be and continue together in every place and cause the name of the Constable and of every Inhabitant which is to watch with every several Constable and the times and places of their meeting and watching particularly every several Night to be printed and delivered to every Constable within their Ward respectively and one or more papers thereof so printed to be set upon posts or open places where every constable and such as are to watch with him respectively dwell that
To the Alderman of the Ward of _____ Wardmote WE charge and command you that upon St. Thomas day the Apostle next coming you do hold your Wardmote and that you have afore us at our General Court of Aldermen to be holden the Monday next after the Feast of the Epiphany next coming all the Defaults that shall be presented afore you by Inquest in the said Wardmote and the said Inquest shall have full power and authority by one whole year to enquire and present all such Defaults as shall be found within your said Ward Inquest for the year as oftentimes as shall be thought to you expedient and needful which we will shall be once every Month at the least 2. Inquest dying And if it happen any of your said Inquest to die or depart out of your said Ward within the said year that then in place of him or them so dying or departing out of your said Ward you cause to be chosen one able person in his stead to enquire and present with the other in manner and form abovesaid 3. Non-appearance And that at the said general Court you give afore us the Names and Sirnames of all them of your said Ward that come not to your said Wardmote if they be duly warned so that due redress and punishment of them may be had as the case shall require according to the Law 4. Watch Light Vizard And that you do provide that at all times convenient a sufficient watch be kept And that Lanterns with Light by nightertail in old manner accustomed be hanged forth And that no man go by nightertail without Light nor with Vizard on the peril that belongeth thereto 5. Common Councel And also that you do cause to be chosen men of the most sufficient honest and discreet men of your said Ward to be for your said Ward of the Common Councel of this City for the Year ensuing according to the Custom in that behalf yearly used And also that you do cause the said men so to be chosen to be of the Common Councel to be sworn before you and in your presence according to the Oath by them used and of old time accustomed The Tenor of which Oath hereafter ensueth YE shall swear that ye shall be true to our Sovereign Lord the KING that now is and to his Heirs and lawful Successors and readily come when ye be summoned to the Common Councel of this City but if ye be reasonably excused and good and true Counsel ye shall give in all things touching the Common-weal of this City after your wit and cunning And that for favour of any man ye shall maintain no singular profit against the common profit of this City And after that ye be come to the Common Councel ye shall not from thence depart till the Common Councel be ended without reasonable cause be else by the Major's Licence And also that all secret things that be spoken or said in the Common Councel the which ought to be kept secret ye shall in no wise disclose As God you help And that together with the said Oath of their Office you administer to the said Persons that shall be chosen of the Common Councel the Oaths of Supremacy and Allegiance and the other Oath hereafter following I A. B. Do utterly testifie and declare in my Conscience that the KING's Highness is the only Supream Governour of this Realm and of all other his Highnesses Dominions and Countries as well in all Spiritual or Ecclesiastical things or causes as Temporal And that no Forreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preeminence or Authority Ecclesiastical or Spiritual within this Realm And therefore I do utterly renounce and forsake all Forreign Jurisdictions Powers Superiorities and Authorities and do promise that from henceforth I shall bear Faith and true Allegiance to the KING's Highness his Heirs and lawful Successors and to my power shall assist and defend all Jurisdictions Priviledges Preeminences and Authorities granted or belonging to the KING's Highness his Heirs and Successors or united and annexed to the Imperial Crown of this Realm So help me God and by the Contents of this Book I. A. B. Do truly and sincerely acknowledge profess testifie and declare in my Conscience before God and the World that our Sovereign Lord King CHARLES is lawful and rightful King of this Realm and of all other his Majesties Dominions and Countries and that the Pope neither of himself nor by any Authority of the Church or See of Rome or by any other means with any other hath any power or authority to depose the King or to dispose any of his Majesties Kingdoms or Dominions or to Authorize any Forreign Prince to invade or annoy him or his Countries or to discharge any of his Subjects of their Allegiance and Obedience to his Majesty or to give Licence or Leave to any of them to bear Arms raise Tumults or to offer any violence or hurt to his Majesties Royal Person State or Government or to any of his Majesties Subjects within his Majesties Dominions Also I do swear from my heart that notwithstanding any Declaration or Sentence of Excommunication or Deprivation made or granted or to be made or granted by the Pope or his Successors or by any Authority derived or pretended to be derived from him or his See against the said King his Heirs or Successors or any Absolution of the said Subjects from their Obedience I will bear Faith and true Allegiance to his Majesty his Heirs and Successors and him and them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against his or their Persons their Crown and Dignity by reason or colour of any such Sentence or Declaration or otherwise and will do my best endeavour to disclose and make known unto his Majesty his Heirs and Successors all Treasons and Traiterous Conspiracies which I shall know or hear of to be against him or any of them And I do farther swear That I do from my heart abhor detest and abjure as impious and heretical this damnable Doctrine and Position that Princes which be excommunicated or deprived by the Pope may de deposed or murthered by their Subjects or any other whatsoever And I do believe and in Conscience am resolved that neither the Pope nor any Person whatsoever hath power to absolve me of this Oath or any part thereof which I acknowledge by good and full Authority to be lawfully administred unto me and do renounce all Pardons and Dispensations to the contrary And all these things I do plainly and sincerely acknowledge and swear according to these express words by me spoken and according to the plain and common sense and understanding of the same words without any equivocation or mental evasion or secret reservation whatsoever And I do make this Recognition and Acknowledgment heartily willingly and truly upon the true Faith of a
shall at any time hereafter ship their Draw-nets called Shipping a Stern into their Boats before such time as they have laid forth all their whole Net as they do when they land towards a low water nor that they ship some part of their said Net and land the rest but that from henceforth they shall fulfil and observe that ancient order of landing their Nets as they have heretofore usually done at low water upon the like payment 6. Item That not Fisher-man or other person whatsoever shall use any Spear called an Eel-spear at any time of the year for that they are likewise very great destroyers of Barbels and other kinds of Fish nor shall work with any Bley-net Rugge-net or Smelt-net upon the said water westward farther then Isleworth Church from the Tenth day of March yearly until Holyrood day be past being the Fourteenth day of September upon the like payment 7. Item That no Fisher-man or other shall at any time of the year use or exercise any Flue Trammel Double-walled-net or Hooped-net whatsoever for that they are not only the utter destruction of all breeding Barbels but also a great spoil and hurt to other sorts of the young brood and fry of Fish being with those kind of Nets infinitely destroyed to the general ruin of the River aforesaid upon the like payment 8. Item That no Fisher-man or other shall lay any Weels called Kills in any place of the River from the Tenth of March till the Tenth of May yearly for that all Roches do then shed their spawn nor that no man whatsoever cut any Bull-rushes or other Flaggs or Sedges growing upon the River from Richmond unto the Markstone above Stains-bridge for that they are a great succour and safeguard unto the Fish upon the like payment 9. Item That no Fisher-man or other shall use within the said River of Thames any Wee l called a Lomb or a Mill-pot or any other Engine with the head thereof against the Stream upon pain of forfeiture of Ten pounds and imprisonment at the discretion of the Lord Major Nor that no man whatsoever shall occupy upon the said River of Thames any Nets called Purse-nets otherwise Casting-nets upon the like payment 10. Item That no Fisher-man or others shall be suffered to rug for Flounders either by Ebbe or by Flood at any time of the year between London-bridge and Stran-gate on the South side and Westminster-bridge on the North side but only two casts at low water and two casts at full sea or high water for the safeguard of the fry and brood of Fish and no Flounder shall be taken under the assize of six inches Nor that no Fisher-man or other shall fleet with any Bley-net upon the benches from Whitehall to the Temple-stairs upon high waters from Whitsontide to Bartholomewtide upon like payment 11. Item That no Fisher-man or other person whatsoever shall cast bring or cause to be brought any Carrion Soil Gravel Rubbish Sods of Earth or any other Filth or Annoyance whereby Banks and Shelves are raised and the common passage hindred to the great danger of Fares Boats and Barges passing to and fro upon the said River Nor that no Fisher-man or other shall drive or cause to be driven any Piles Stumps or Stakes within the said River of Thames upon which the like mischief and dangers may arise until such time as they be lawfully licensed so to do upon the like pain and penalty as aforesaid 12. Item That no Fisher-man or other shall presume to take up any Rack or Drifth upon the water of Thames without notice given thereof to the Water-Bailiff or his Substitute within convenient time he satisfying him for his pains as shall be reasonable and thought fitting nor shall conceal and keep secret the said Rack or Drifth from the said Water-Bailiff to the end that such order and care may be taken therein as hath been accustomed according to the Laws and Ordinances ordained for the preservation of the said River upon like payment and penalty 13. That no Fisher-man or other shall fish with any kind of Net or use any Angle-rod with more then two Hooks upon a Line or saw or scratch for Barbel within the Limits of London-Bridge or shall use any other Engine nearer unto the Bridge then St. Botolphs Wharf and the Bridge-house Wharf on the East side nor nearer on the West side then St. Mary Overies Stairs and the Old Swan upon the pain of imprisonment at the discretion of the Lord Major and Sx shillings eight pence to the Chamber of London 14. Item That no Peter-man shall at any time hereafter fish or work with any manner of Net upon the said water Westward farther then Richmond Crane unto which place or near thereabouts the water ebbeth and floweth for that the Fishing beyond that place hath caused a great destruction of Fish upon pain of forfeiture of Twenty shillings for every time they shall so offend and farther punishment according to the quality of his Offence 15. Item It is ordered that no Peter-man shall hereafter at any time of the year take the Tides above Richmond nor go in company together it being found very prejudicial and hurtful both to the River and Fisher-men and nothing available for the furnishing of any Markets nor shall go to fish more then five together in one company between Richmond and London-Bridge upon pain of forfeiting for every time Ten shillings and imprisonment during pleasure 16. Item That no Peter-man or any other take any Flounders or any other short Fish which they have usually called Kettle-fish not being six inches of assize being found to be to the great destruction of the Fish upon the like penalty and pain 17. Item That whereas many inconveniencies have heretofore risen to the River of Thames by divers Fishermens keeping of Boys who had neither sufficiency to take the charge of Fishing nor bound Apprentice to the same Therefore from henceforth it shall not be lawful for any Fisher-man to keep two Boys in one Boat unless the one of them be at mans estate or thought sufficient by the Water-Bailiff to take the charge or else that one of them be an Owner Nor that no Fisher-man from henceforth do take any Apprentice to the said trade of Fishing unless he first enter his name into the Register-Book of the Water-Bailiff of this City kept for that purpose nor under the term of seven years and that after the expiration of his said term he likewise come again before the said Water-Bailiff to be by him admitted a lawful Fisherman as of ancient time hath been accustomed upon like payment 18. Lastly That every Fisher-man upon the River of Thames from London-Bridge unto Stains-Bridge shall once every year viz. upon St. Paul's day being the Five and twentieth day of January appear before the Water-Bailiff of this City at the Chapel of the Guild-hall by Ten of the Clock in the Forenoon of the same day there to enter their several names
Commune Concilium tent ' primo die Augusti Annis Philippi Mariae tertio quarto Coram Willielmo Garrard Mil ' Major c. WHere by the ancient laudable Laws Liberties and Franchises of this Noble City of London no person or persons should be willingly suffered to exercise use or occupy any Manual Occupation or Handicraft within the said City or Liberties thereof unless he or they were free of the same City or Apprentice or Apprentices with some that be free of the same City the which said ancient Laws Franchises and Liberties notwithstanding divers Artificers and Handy-crafts-men being Freemen of this City not regarding or esteeming the said Laws Liberties Customs and Franchises nor the Oath that they have taken to the said City at such time as they were made Free so the maintenance and advancement of the same City have now of late not only willingly suffered hired and set on work within the said City and Liberties thereof divers Forreigners from the Liberties of the same City in divers and sundry Handycraft and Manual Occupations but also have refused to take and set a work in the said Manual Occupations or Handycrafts the honest poor Citizens and Freemen of the same City to the great hindrance loss and prejudice of the said poor Citizens and to the utter undoing of a great number of the said poor Handycrafts-men being Citizens and Freemen of the said City and also of their poor Wives and Children for ever unless some speedy remedy be herein provided For reformation whereof be it enacted ordained and established by the Lord Major Aldermen and Commons in this present Common Councel assembled and by the Authority of the same That no person or persons now being Free of this City of London or that hereafter shall be Free of the same shall after the Feast of St. Michael the Archangel now next coming by any colour ways or means set at work in any Manual Occupation or Handycraft within the said City the Liberties or Suburbs thereof any manner of Forreigner from the Liberties of the said City upon pain of forfeiture of Five pounds of currant Money of England for every time that every such person or persons shall offend or commit or do any thing contrary to the purport true intent and meaning of this present Act. All and singular which Penalties and Forfeitures above and by this present Act limited and appointed shall be divided into three equal parts whereof the one to the use of the Major and Commonalty and Citizens of the said City for the time being and one other part thereof to be to those of the first presenters of the same Offence and the third part thereof to be to those of the Company or Fellowship that every such Offenders shall be free of and that all and every such Penalty and Penalties and Forfeitures shall be recovered as well upon the proper confession of the same Offence made by the same Offender or Offenders themselves before the Lord Major and Court of Aldermen for the time being as also upon good and sufficient proof thereof to be made by the Witnesses before the said Lord Major and Court of Aldermen for the time being or by Bill or Plaint of Debt to be commenced by any such Informer or Presenter in any of the King Queens Majesties Courts of Record within the said City in the name of the Chamberlin of the said City for the time being wherein no essoin or wager of Law shall be admitted or allowed for the party Defendant And be it also enacted by the Authority aforesaid That it be lawful for the said Lord Major and Aldermen of the said City for the time being upon every confession or proof of any such Offence aforesaid before them made or sufficiently proved to commit every such Offender or Offenders to Ward there to remain without Bail or Mainprise until he or they have fully satisfied or paid the said Forfeiture or Forfeitures and Penalties to the uses aforesaid Provided always that this Act of Common Councel or any thing therein contained shall not in any wise extend to be prejudicial or hurtful to the Masters or Governors of Christ's Hospital and Bridewell or to any other of the Hospitals belonging to the said City for the time being or to any of them for the setting at work either Strangers or Forreigners within the said Houses or any of them neither to the said Strangers or Forreigners that shall so happen to work therein nor to any of them neither to any Freeman or Woman of the same City for having or setting a work any Apprentice or Apprentices at any time hereafter in any Manual Occupation or Handycraft within the said City nor to any such Apprentice or Apprentices that shall so serve that his or their Indenture of Apprenticehood be Inrolled in the Chamberlins Office of the said City according to the ancient Customs of the same City in that behalf used and observed Provided also that this present Act or any thing therein contained shall not extend or be prejudicial or hurtful to any person or persons now being or that hereafter shall be Free of the said City for setting a-work at any time or times any person or persons being Feltmakers Capthickers Carders Spinners Knitters or Brewers or to any person that now keepeth or hereafter shall keep any Brewhouse within the said City or the Liberties thereof for working or using any of the said Crafts or Occupations within the same City or within the Liberties or Suburbs thereof this present Act or any thing therein contained to the contrary in any wise notwithstanding ATTACHMENTS AN Attachment made in this Court will continue in force for ever so that the Plaintiff may proceed thereon at his pleasure Whereas an Attachment made by any of the Sheriffs Officers is not in force longer than sixteen weeks All Attachments are grounded upon Actions of Debt and the manner of entering Attachments is the same as is before-mentioned for Actions And one of the six Officers belonging to this Court must be imployed to make the same The Advantages of making Attachments in this Court are considerable FIrst An Attachment for moneys may be made and condemned in this Court in 5 days time if by consent or if no opposition shall be made and if it be in the Plaintiffs own hands may be finished for 10 s. charge the Officers Fees included And if in a third persons hands may be condemned for 15 s. charge the Officers Fees included Whereas in the Sheriffs Court an Attachment cannot be made and condemned under three weeks time or thereabouts although by consent and the charge is usually above a third part more than is demanded or taken in this Court for condemning an Attcahment Secondly If B. Attaches the Moneys or Goods of W. in the hands of F. in this Court and if F. have no Moneys nor Goods in his hands belonging to W. at the time when the Attachment shall be made and
decaying growing into poverty or insufficiency in Estate or Estates as aforesaid And lastly if the said S. D. c. or any of them do yearly appear before the Major and Aldermen of the City aforesaid for the time being in the Chamber of the Guildhall of the same City on Munday next after Midlent Sunday That then c. or else c. The Lord Major and Court of Aldermen do meet at Guildhall and sit in the Orphants Court there once in every year viz. on the Munday morning after Midlent Sunday purposely to hear the Names of all the Securities that stand bound for Orphants Portions called over and therefore that day is termed Call-day upon which day one of every of the Sureties ought to appear to give an account whether the other Securities are living and in good condition and whether the Orphants are living and married If none of the Security appear upon that day they forfeit their Recognizances and Bonds and the Clerk of the Orphants in such case must make out Process against the Security and force them to give the Accompt above required and pay the Charges of the Process The Security must take particular care that none of the Orphans marry or be put Apprentice with their consents without the leave of the Court of Aldermen first obtained for that purpose And as the Orphans come to be of the age of One and twenty years or shall be married with the consent of the Court of Aldermen they must take care to bring them to Guildhall with a person to prove the age of such Orphan and then the Orphan must acknowledge satisfaction for the Money due to him or her of the Testators Estate which must be done in the Court of Aldermen but one of Mr. Common Sergeant's Clerks must first draw up a Note to this or the like effect J. B. Parish-Clark and Register of All-hallows Lumberstreet London is come to prove unto this Honourable Court upon his Corporal Oath That R. B. one of the Sons and late Orphans of R. B. late Citizen and Mercer of London deceased is of the full Age of 21 years And the said R. B. the Son is come to acknowledge satisfaction to this Honourable Court for 500 l. growing due unto him for his own part and portion of the Goods Chattels Rights and Credits of the said R. B. his late Father deceased by the Laws and Customs of the City of London If a Freeman leaves Lands and Tenements to his Children the Executor must become bound with Sureties to accompt for the Rents and Profits of such Lands with Condition as followeth The Condition of a Bond to Accompt for Rents c. THe Condition of this Obligation is such That whereas A. W. Executor of the last Will and Testament of J. W. late Citizen and Skinner of London deceased is by order of the Court of Orphans holden before the Major and Aldermen of the City of London appointed to receive the Rents Issues and Profits of certain Lands Messuages and Tenements in the Parish of B. in the County of M. which are bequeathed to R. the Son and Orphan of the said J. W. in and by the last Will of the said J. W. when the said Orphan shall attain the Age of 21 years If therefore the said A. W. her Executors or Administrators do and shall from time to time and at all times hereafter until the said Orphan shall attain the Age of 21 years well and truly pay or cause to be paid the yearly Rent of 10 l. reserved in the Grants or Leases of the same Lands and Messuages according to the Covenants of the same Leases And also do until the said Orphan shall attain the aforesaid Age keep and maintain the said Messuages and every of them in good repair And do and shall convey assign and assure unto the said Orphan when he shall attain the full Age of 21 years the same Lands and Messuages and every of them discharged and freed from all Rent or Rents in the said Leases or Grants reserved and from all and all manner of Forfeitures and Rentries and well and sufficiently repaired and sustained And if the said A. W. her Executors or Administrators shall not do any act or acts thing or things whereby the said Orphan shall not enjoy the said Land and Messuages at the said Age of 21 years without incumbrances from her them or any of them That then c. or else c. WHen any Orphan is of full Age and shall acknowledge satisfaction in the Court of Aldermen for all Moneys due to him or her The same Court upon motion made by Mr. Common Sergeant doth constantly order That all Bonds entered into for the payment of such Orphans Portion shall be delivered up and cancelled and if the Security became bound by Recognizances the Clerk of the Orphans will cross and discharge such Recognizances for which his Fee is 2 s. upon each Recognizance The Chamber of London is accounted the safest and best Security in or about London for the Moneys paid therein to the use of the City or any Orphan is constantly repaid upon demand without any trouble And when Orphans come to Age or be married with the consent approbation of the Court of Aldermen they may receive their Portions if paid into the Chamber at an hours notice although the sum shall be Ten thousand pounds or more Mr. Chamberlain or his Clerks attending daily for that purpose The Interest or finding Money is constantly paid as it becomes due and the Court hath always taken great care that every Orphan shall receive his and her Portions out of the Chamber of London without paying any other or greater Fees then hath been anciently taken and if any Officer exact or take any other Fees the Parties will upon their application and evidence of the Fact to the Court of Aldermen have remedy and all just relief against the Offenders Mr. Common Sergeant keeps his Office in Guildhall-yard near St. Lawrence's Church and constantly attends to dispatch all persons that are concerned for Orphans and will not permit any Fees to be taken for any business to be done by virtue of his Office more then hath been paid time out of mind and if any of his Clerks exact any greater Fees he will upon complaint cause satisfaction to be given to the Party grieved The Widow of every Freeman if she shall be Executrix or Administratrix of her Husbands Estate ought by the Custom of London to exhibit a true Inventory of her Husbands Estate into this Court before she contract Marriage otherwise the Court of Aldermen may impose a reasonable Fine upon such Executrix or Administratrix to the use of the Orphans of such Freeman To prevent abuses that sometimes happen to Freemens Estates in prejudice of Orphans by Executrixes and Administratrixes not giving an Inventory in due time after the Testator's decease The Court of Aldermen have made an Order not to allow any finding Money or
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
then the said Orphan or Orphans or every of them shall forfeit and lose three shillings for every pound due or to be due unto her or them by virtue of any Orphanage or Custom had or used within the said City one shilling of the said three shillings of every pound to go or to be to the use of the Chamber of the said City in such manner and form as is aforesaid and the other two shillings so forfeited of every pound to go to the use of such other Orphan or Orphans as then shall remain unmarried or else for default of such Orphans or Orphan to remain to the next of the Kindred of the Orphan so offending Also be it further Enacted Ordained and Established by Authority aforesaid for and in discharge of divers Variances Contentions and Suits that daily heretofore have and hereafter may ensue That if a Freeman's child man or woman fortune to be married hereafter in the life time of his or their Father by this consent and not fully advanced of and to his and her full part or portion of his or her said Fathers Goods as he shall be worth at the time of his decease according to the ancient Laws and Customs of the said City That then every such Freemans child so being married in the life time of his or her Father shall be to all intents and purposes disabled to demand any further part or portion of his or her Fathers Goods after the decease of his or her Father but shall be adjudged reputed or taken to be fully advanced according to the Law and Custom of this City and hath been long time out of mind except his or her said Father do mention certainly in the last Will or Testament or by some other writing signed with his own proper name or mark the certainty of the sum or sums Goods or Chattels and the value of them that the Father gave paid or departed withal or otherwise assured or hereafter shall give pay depart withal or otherwise make assurance of unto him or her before at or after the marriage of him or her or otherwise in his life time for and towards their advancement in the name of his or her part or portion and then every such Orphan or Child which after the decease of his or her said Father can bring forth the said Testament or other Writing signed or marked with the Fathers hand or mark wherein the certainty of such Money Goods or Chattels as they gave or shall have received of their said Father or by the same Father assured by Specialty or otherwise shall have as much more of the ready Money Goods Chattels and Debts of the said Father as with that which he or they shall have received towards their advancement in the life of the said Father shall make up a full childs part of his Goods and Chattels as he shall be worth at the time of his decease the same to be demanded asked and claimed or sued for against the Executor or Executors Administrator or Administrators of the Goods and Chattels of the said Father by Bill original to be commenced in our Sovereign Lord the King's Court holden in the utter Chamber of the Guildhall of the said City before the said Lord Major and Aldermen of the same City for the time being any Law or Custom heretofore made or used to the contrary notwithstanding In which Action no wager of Law or Essoin shall be admitted or allowed Provided always and it is further enacted That if any Freemans Son being of full age which shall hereafter be married with the consent of his Father or any other person being of full age which shall hereafter marry any Freemans Daughter do at the time of the Espousals or at any time after confess themselves by writing fully satisfied of his or their portions or do otherwise or discharge the said Father of such Sons or Daughters of all their part and portion due or to be due by the Law and Custom of the City that then every such person so confessing acquitting or otherwise discharging shall be reputed and taken as fully advanced of his or their whole part or portion and shall not be able to demand any further or greater part of the Substance Goods and Chattels of his or her Father this Law or any other Law or Custom heretofore made or used to the contrary notwithstanding And further Forasmuch as it is thought very prejudicial and hurtful to the Fatherless Children and Orphans when the Mother or Mother-in-law being Executor of the last Will and Testament of her late Husband by whom and after whose death the Orphans are entituled to an Orphanage according to the laudable Customs and Ordinances of this City do divers times marry or contract Matrimony some with forreigners and persons unknown and some with Freemen before a just Inventory of the Goods Chattels Plate Iewels and ready Money of the Testators be by them brought in by reason whereof many times they either for fear or affection of their Husbands or for some other sinister cause do bring in very suspicious Inventories omitting therein either ready Money Plate Iewels or Debts or some other thing or things whereby some benefit should redound to the Fatherless children to the great loss and hinderance of the Orphans and sometimes slander to the Lord Major and Aldermen of this City notwithstanding the great care and travel that they take for the good ordering and true answering of the said Orphans It is therefore by like Authority ordained established and enacted That if after the First day of November next ensuing any Widow which is or shall be made Executor of the Testament and last Will of her late Husband being a Freeman or shall take upon her the Administration of the Goods and Chattels of her late Husband being a Freeman do not upon her Oath bring in and exhibit or cause to be brought in or exhibited before the Lord Major and Aldermen of this City for the time being at and in a Court of Aldermen a just and perfect Inventory to their knowledge of all the Goods Chattels Plate and Iewels ready Money and Debts as were her said Husbands at the time of his death appraised according to the Law of the said City before she do ensure herself in marriage or contract marriage or else according to the Laws of the Realm do perfectly solemnize or consummate marriage with any person before such time as aforesaid that then every person so offending shall forfeit and lose eight shillings of every pound of her portion of the Goods of her late Husband due to her by the laudable Customs of the said City the same to go to the use of such Orphan or Orphans as then shall be intituled to have or demand any Orphanage or Portion after the death of his or her late Father the same so demanded asked claimed or sued against such Executor or Administrator and by Bill original of Debt to be commenced in our
that the Flesh so offered to be put to sale shall be forfeited and disposed of to such Prisons of this City as the Lord Major for the time being shall direct and appoint Now it being found by Experience that such secret Offenders shun and escape all search and due punishment and the Markets of this City are thereby neglected and decayed And such secret sales of Flesh are also found to be a means of encouraging many thievish idle and ill-disposed persons to steal Cattle in the Country and parts adjacent to this City to the great deceipt and damage of his Majesties Subjects and scandal of the Government of this City For the prevention whereof for the future These are in his Majesties Name straitly to charge and command you forthwith on sight hereof to be from time to time Aiding and Assisting unto the Bearer or Bearers hereof and every of them who shall from time to time give you notice of such Offenders And you are hereby required to apprehend and bring before me or some other of his Majesties Iustices of the Peace the body or bodies of all such Offenders as shall hereafter be found to sell or offer to be put to sale in such manner any Beef Pork Mutton Lamb or Deal by way of Hawking in any Inn Lane Ware-house or other obscure place or open Street within this City or Liberties thereof to be examined and dealt withal as to Law and Iustice shall appertain And also that you seize such Flesh so offered to be put to sale by way of Hawking in such manner and bring it before me or some other of his Majesties Iustices of the Peace to the end that it may be disposed of as by the said Act is limitted and appointed And hereof fail not Given under my Hand and Seal c. To all and every the Constables within the City of London and Liberties thereof This Warrant is usually granted pursuant to an Act of Common Councel Intituled An Act for the settlement and well-ordering of several publick Markets within the City of London Which Act is in these words FOr the better Order and Regulation to be had of the Market at Leaden-hall and the Greenyards there with the other Market Grounds thereunto belonging and of the Market at Wool-church and the Market of Honey-lane or Milk-street as also the Market near Newgate and all other Common Markets already settled and appointed or which hereafter shall be settled and appointed within the City of London Be it Enacted by the Right Honourable the Lord Major and the Aldermen his Brethren and the Commons in this Common Councel Assembled and by the Authority of the same That the Rules Orders and Directions hereafter prescribed he duly observed by all persons that are or may be concerned therein And first whereas by former Acts of Common Councel the sale of Beef hath been restrained and appointed to be only in Leaden-hall and the Greenyards there which if now observed would be very inconvenient to the Inhabitants of this City in regard the late Butchery of the Stocks and St. Nicholas Shambles which heretofore furnished with Beef and other Flesh Victuals those parts of the City are now removed and otherwise disposed of Be it Enacted by the Authority aforesaid That all and every Butcher and Butchers Poulterer and Poulterers other then such as are hereafter excepted Country Farmer Victualler Lader or Kidder who keepeth Butchers or Poulterers Shop or Shops within the City of London or Liberties thereof or within two Miles distance of the Liberties of the same City may from and after the publication of this Act take to Farm or hire Standings Stalls or Places in any the aforesaid respective Markets and there sell utter and put to open shew or sale his or their Beef Mutton Veal Lamb Pork and other Butchery or Poultry Wares or other Provisions upon the four days of the week in manner as is hereafter expressed viz. upon Mondays Wednesdays and Fridays weekly between the Feast of the Annunciation and the Feast of St. Michael from six of the Clock in the Forenoon until eight of the Clock in the Evening of the same day and between the Feast of St. Michael and the Annuntiation from eight of the Clock before Noon until five of the Clock in the Evening of the same day and upon every Saturday in the Week all the Year long from the aforesaid respective hours of six and eight of the Clock before Noon until eight of the Clock in the Evening of the same day for so long time only as he or they shall furnish the said Stalls Standings and Places with wholsom Flesh and other Provisions in his or their own right and not as Servant or Servants or otherwise in behalf of any others any thing in any former Act of Common Councel contained to the contrary thereof in any wise notwithstanding Provided always That no Butcher or Poulterer whatsoever who keepeth no Shop or Shops within the City of London or Liberties thereof or within two Miles distance of the same City shall in the said respective Markets sell utter or put to open shew or sale his or their Butchery or Poultry Wares upon Mondays and Fridays weekly upon pain that every such Butcher or Poulterer shall for every time he or they shall sell utter or put to open shew or sale in the said Markets his or their Butchery or Poultry Wares upon Monday or Friday in any week forfeit the sum of ten shillings And to the end the respective hours aforesaid may the better be observed in the said Markets It is further Enacted by the Authority aforesaid that a Market Bell in all the several Markets within the City of London shall Ring twice every day that is to say the first Ringing from the twenty fifth of March yearly until the twenty ninth day of September at seven of the Clock before Noon except upon Monday and then the first Ringing shall not begin till eight of the Clock in the Forenoon And from the twenty ninth day of September yearly until the twenty fifth day of March at eight of the Clock before Noon and not before except upon Monday and then the first Ringing shall not begin till nine of the Clock before Noon and that the second Ringing of the Market Bell for raising of the said Markets shall begin to Ring from and after the twenty fifth of March yearly until the twenty ninth day of September except on Saturdays half an hour after four in the Afternoon and to continue Ringing till five of the Clock and from and after the twenty ninth day of September until the twenty fifth day of March yearly except on Saturdays to begin to Ring half an hour after three of the Clock and to continue Ringing until four of the Clock in the Afternoon And that the second Ringing of the Market Bell upon Saturday weekly throughout the year shall begin half an hour after seven of the Clock and to continue Ringing
Christian So help me God c. I A. B. Do declare and believe that it is not lawful upon any pretence whatsoever to take Arms against the KING And that I do abhor that Traiterous Position of taking Arms by his Authority against his Person or against those that are Commissioned by him So help me God And farther that you likewise administer to the same Persons that shall be so elected of the Common Councel to be by them subscribed the ensuing Declaration I A. B. Do declare That I hold that there is no Obligation upon me or any other Person from the Oath commonly called The Solemn League and Covenant And that the same was in it self an unlawful Oath and imposed upon the Subjects of this Realm against the known Laws and Liberties of the Kingdom For that otherwise if the said persons or any of them that shall be elected as aforesaid of the common Councel shall not take the said Oaths and subscribe the said Declaration their Election and Choice is by the late Act of Parliament for the Governing and Regulating of Corporations enacted and declared to be void 6. Constables Scavengers Beadle Raker And that also in the said Wardmote you cause to be chosen certain other honest persons to be Constables and Seavengers and a Common Beadle and a Raker to make clean the Streets and Lanes of all your said Ward according to the Custom yearly used in that behalf which Constables have and shall have full power and authority to distrain for the Salary and Quarterage of the said Beadle and Raker as oftentimes as it shall be behind or unpaid 7. Roll of Names Also that you keep a Roll of the Names Sirnames Dwelling-places Professions and Trades of all persons dwelling within your Ward and within what Constables Precinct they dwell wherein the place is to be specially noted by Street Lane Alley or Sign 8. Constables Also that you cause every Constable from time to time to certifie unto you the Name Sirname Dwelling-place Profession and Trade of every person who shall newly come to dwell within his Precinct whereby you may make and keep your Roll Roll. perfect And that you cause every Constable for his Precinct to that purpose to make and keep a perfect Roll in like manner 9. Inholder Lodger Sojourner Also that you give special charge that every Inn-holder and other person within your ward who shall receive any person to lodge or sojourn in his house above two days shall before the third day after his coming thither give knowledge to the Constable of the Precinct where he shall be so received of the Name Sirname Dwelling-place Profession and Trade of life or place of service of such person and for what cause he shall come to reside there And that the said Constable give present notice thereof to you And that the said Inn-holder lodge no suspected person Suspect persons or men or women of evil Name 10. Search Also that you cause every Constable within his Precinct once every month at the farthest and oftner if need require to make diligent search and inquiry what persons be newly come into his Precinct to dwell sojourn or lodge And that you give special charge that no Innholder or person shall resist or deny any Constable in making such search or inquiry but shall do his best endeavour to aid and assist him therein 11. Frank pledge And for that of late there is more resort to the City of persons evil-affected in Religion and otherwise than in former times hath been You shall diligently inquire if any man be received to dwell or abide within your Ward that is not put under Frank pledge as he ought to be by the custom of the City and whether any person hath continued in the said Ward by the space of one year being above the age of twelve years and not sworn to be faithful and loyal to the Kings Majesty in such sort as by the Law and Custom of this City he ought to be 12. Beadle To all these purposes the Beadle of every Ward shall employ his diligence and give his best furtherance 13. Stocks c. Also you are to take order that there be provided and set up a pair of Stocks and a Whipping Post in some convenient place in every Parish within your Ward for the punishing of Vagrants and other Offenders 14. Fire Also that you have special regard that from time to time there be convenient provision for Hooks Ladders Buckets Spouts and Engines in meet places within the several Parishes of your Ward for avoiding the peril of Fire 15. Streets Also that the Streets and Lanes of this City be from time to time kept clean before every Church House Shop Ware-house Door Dead-wall and in all other common Passages and Streets of the said Ward 16. Huâ—sters of Ale and Beer And where by divers Acts of Common Council aforetime made and established for the Common weal of this City among other things it is Ordained and Enacted as hereafter ensueth Also it is Ordained and Enacted That from henceforth no Huckster of Ale or Beer be within any Ward of the City of London but honest persons and of good name fame so taken admitted by the Alderman of the Ward for the time being that the same Hucksters do find sufficient surety afore the Major Aldermen for the time being to be of good guiding rule And that the same Hucksters shall keep no Bawdry nor suffer no Lechery Dice-playing Carding or any other unlawful Games to be done exercised or used within their Houses And to shut in their Doors at nine of the clock in the night from Michaelmas to Easter and from Easter to Michaelmas at ten of the clock in the night and after that hour sell no Ale or Beer And if any Huckster of Beer or Ale after this Act published and proclaimed sell any Ale or Beer within any Ward of the City of London and be not admitted by the Alderman of the same Ward so to do or find not sufficient surety as it is above rehearsed the same Huckster to have imprisonment and make fine and ransom for his contempt after the discretion of the Lord Major and Aldermen And also that the said Hucksters suffer no manner of common eating and drinking within their Cellars or Vaults contrary to the Ordinance thereof ordained and provided as in the said Act more plainly appeareth at large We charge you that you put the same in due execution accordingly 17. Measâ—res sealed And also that ye see all Tipplers and other sellers of Ale or Beer as well privy Osteries as Brewers and Inn-holders within your Ward not selling by lawful measures sealed and marked with the City Arms or Dagger be presented and their names in your said Indentures be expressed with their Defaults so that the Chamberlain may be lawfully answered of their amercements 18. Strangers born And also that you suffer no Alien or son of any
born an Alien to be of the Common Councel nor to exercise or use any other Office within this City nor receive or accept any person into your watch privy or open but Englishmen born And if any Stranger born out of this Realm made Denizen by Letters Patents or any other after his course and lot be appointed to any watch that then ye command and compel him or them to find in his stead and place an Englishman to supply the same 19. And also that you cause an Abstract of the Assise appointed by Act of Parliament for Billets and other Fire-wood to be fair written in Parchment and to be fixed or hanged up in a Table in some fit and convenient place in the Parish within your Ward where the common people may best see the same 20. Streets Pain 40 s. And furthermore we charge and command you that you cause such provision to be had in your said Ward that all the Streets and Lanes within the same Ward be from time to time cleansed and clearly voided of Ordure Dung Mire Rubbish and other filthy things whatsoever be to the annoiance of the King's Majesties Subjects 21. Vagrants And also that at all times as you shall think necessary you do cause search to be made within your said ward for all vagrant Beggars suspicious and idle people and such as cannot shew how to live and such as shall be found within your said ward that you cause to be punished and dealt with according to the Laws and Statutes in such case ordained and provided 22. Jurymen And also we will and charge you the said Alderman that your self certifie and present before us at the said general Court to be holden the aforesaid Monday next after the Feast of the Epiphany all the names and sirnames truly written of such persons within your said ward as be able to pass in a Grand Iury by themselves And also all the names and sirnames truly written of such persons being and dwelling within your said ward as be able to pass in a Petty Iury by themselves that is to say Every Grand Iuryman to be worth in Goods an hundred Marks and every Petty Iuryman forty Marks according to an Act in that case ordained and provided And the same you shall indorse on the backside of your Indenture 23. Harlots Item for divers reasonable and urgent considerations us especially moving we streightly charge and command you on the King our Sovereign Lords behalf That you diligently provide and foresee that no manner of person or persons within your said ward what condition or degree soever he or they be of keeping any Tavern or Ale-house Ale-celsar or any other Victualling-house or place of common resort to eat or drink in within the same ward permit or suffer at any time hereafter any common woman of their bodies or Harlots to resort and come into their said House or other the places aforesaid to eat or drink or otherwise to be conversant or abide or thither to haunt or frequent upon pain of imprisonment as well of the Tenant and Keeper of every such House or Houses and all other the places afore remembred as of the common woman or Harlots 24. Also that you do give in charge to the Wardmote Inquest of your ward all the Articles delivered to you herewith and that you â—â—ticles have a special care of keeping the peace and good order during your Wardmote and if any offend herein you fine or punish him or them according to Law 25. And whereas the moneys received for the Fines of persons refusing to hold Ward Offices within your ward ought to be employed in the service and for the publick benefit of the whole ward and not of any particular Precinct or Parish within the wâ—rd These are therefore to require you to take care that all such Fines be from time to time disposed of accordingly for the benefit of the whole ward as you with the Deputy and Common Councel-men of your ward shall think most fitting and convenient And that no such Fines be received or employed in any particular Precinct or Parish Not failing hereof as ye tender the common weal of this City and advancement of good Iustice and as ye will answer for the contrary at your uttermost peril Dated at under the Seal-Office of Majoralty of the said City the day of December in the year of the Reign of our Sovereign Lord CHARLES the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. THE COURT OF CONSERVARY FOR THE River of Thames THis Court is held before the Lord Major at such times as he shall apappoint and direct within the respective Counties near adjacent to the Cities of London and Westminster The Water-Bayliff is my Lord Major's Deputy and ought to give notice to his Lordship of all Offences committed by any persons contrary to the Orders made for preservation of the brood and fry of Fish in the said River There have been several Orders made and devised for that purpose some of which Orders are as followeth viz. Orders devised and agreed upon by the Right Honourable Sir Robert Ducie Knight and Baronet Lord Major of the City of London and Conservator of the River of Thames and Waters of Medway for the preservation of the brood and fry of Fish within the West part of the said River as followeth FIrst That no man upon penalty and forfeiture of his Net and Ten pounds with imprisonment at the discretion of the Lord Major shall presume to shute any Draw-net or Coulter-net at any time of the year before Sun-rising nor after Sun-setting for that in the Night time unlawful Nets may be used and other abuses offered to the great hurt and annoyance of the said River of Thames and to shute in their several rooms well known 2. Item That no Fisher-man or other shall still lie or bend over any Net during the time of the Flood whereby both Salmons and other kinds of Fish may be hindred and kept back from swimming upwards to the benefit and profit of such Fisher-men as dwell in the west part of the said River upon the like pain and penalty 3. Item That no Fisher-man or other shall shute any Draw-net Cod-net or other Net or Engin whereby any Salmon-fish shall be taken after Holyrood day is past being the Fourteenth day of September because at that time they are out of season and remain here upon the River only to spawn and breed upon the like payment 4. Item That no Fisher-man or other shall fish with any Net or lay or hale any Wee l or use any other Net or Engine whatsoever from Sun-setting on Saturday at Night until Sun-rising upon Monday Morning no not during all the time of Lent as being a thing not only very hurtful to the said River but also a great abuse and profaning of the Lord's Sabbath upon the like payment 5. Item That no Fisher-man or other
other kind of Fish out of their due kind or season nor except they contain in length according to the true scantling and assize and not otherwise 27. Item You shall further inquire Soil and Rubbish and true presentment make whether any Butcher Brewer Inn-keeper or any other person or persons as well within the City of London as in any other Country Town or Village as far as the Liberty of the Lord Major extendeth have cast or put into the said River any Panches Grains Horse-dung or any other Rubbish Soil or Filth whatsoever to the very great annoyance and hurt of the said River on pain of Imprisonment and further fine at the discretion of the Lord Major of London If you know any such you shall present them 28. Item You shall further inquire what Royal Fishes Royal fish have been taken within the Iurisdiction and Royalty of the Lord Major of London as namely Whales Sturgeons Porpusses and such like and to present the name and names of all such persons as shall take them to the Lord Major of London for the time being 29. Item That no Fisherman or other person whatsoever shall lay in the said River of Thames any Lampern Leaps to take Lamperns before Bartholomew-tide yearly Lampern rods and so to continue till Good-Friday nor shall lay any more or greater quantity then only one rod of forty fathom containing seven dozen of Leaps and not above Nor shall lay any of the said rods until they shall be lawfully licensed by the Lord Major of London or by his Substitute the Water-Bailiff for the time being 30. Lastly Because the number of Fishermen do daily increase and not only Fishermen but also a great number of Cable-hangers and Trades-men such as were never bound Apprentice to the craft and science of Fishing to the great hurt of the River and hindrance of Fishermen the said River being not able to relieve and succour the multiplicity of them being so great It is now ordained That every Fisherman dwelling near unto the said River that doth take and receive into his or their custody any Apprentice to the said Trade of Fishing shall within one Moneth next after repair unto the Water-Bailiff of London to have his Indenture written and engrossed to the end that after he may present him to the Chamberlain of London to be enrolled according to ancient Custom And not to receive any Apprentice under the term of seven years And at the end and expiration of the said term the Master of the said Apprentice do again present him to the said Water-Bailiff to be by him admitted and allowed a Fisherman And finally You shall inquire and true presentment make by the Oaths that you and every of you have taken whether any Fisherman or other Person whatsoever they be have with any manner of Net or Engine offended or misused himself in fishing within the said River or whether they have any manner of ways made destruction of the brood and fry of any kind of Fish therein contained contrary to the good and ancient Laws Ordinances and Constitutions of the said River of Thames And to make a true perfect and faithful Presentment of all other kind of Enormities Hurts Offences and Annoyances touching as well Fishermen as any other person or persons within the said Iurisdiction being any manner of waies hurtful or offensive to the same At a Court of Aldermen the Tenth of July 1673. an Order was made as followeth viz. THis Court considering the great Decay of the Fishing Trade in the River of Thames and conceiving That drawing the Shores of late so frequently practised is the chief Ground thereof as tending to the great Prejudice and utter Destruction of the Brood and Fry of all sorts of Fish did thereupon this Day strictly order and enjoyn That no person do hereafter presume to draw the Shores in the River of Thames upon any pretence whatsoever at any time or season of the Year either with lawful or unlawful Nets save only for Salmons in Rooms appointed and set out for that purpose by this Court And that none do fish for Salmons in such Rooms but only such as shall be impowered thereunto under the Seal of the Majoralty of this City And also that none fish with a Net under six Inches in the Meash upon pain that every Offender shall forfeit for every such Offence his Nets and pay as a Fine the Sum of Twenty pounds and suffer Imprisonment during the pleasure of this Court. And to the end more diligent and strict Search may for the future be made upon the said River than hitherto hath been or possibly can be by one single person for such as fish with unlawful Nets at unlawful Times and in an unlawful Manner The Water-Bailiff for the time being is by this Court ordered and impowered from time to time to authorize Two or more honest Fishermen in such Town and Places as he shall think convenient as well below as above the Bridge to be assistant to him in the Execution of his Duty And when they shall think fit to go out and search for any such Offenders and to take away their Nets and give their Names to Mr. Water-Bailiff that he may take effectual Care that they be severely proceeded against according to Law Wagstaffe The Title of the Lord Major of the City of London to and for the Conservacy of the River of Thames INprimis The Major of the said City for the time being and all other his Predecessors Governours of the same City time out of mind have had and exercised the room of Conservacy of the River of Thames and the correction and punishment of all manner of Fishermen and all other persons offending within the said River Item King Edward the Third by his Charter hath granted That the Citizens of London shall remove and take away all Kidels in the Water of the River of Thames and Medway and shall have the punishment to the King belonging thereof coming Item By the Statute made in the Seventeenth year of the Reign of King Richard the Second it is ordained That the Major of London for the time being shall have the conservacy of the Thames and put in execution the Statutes of 13 Edw. 1. and 13 Rich. 2. from the Bridge of Stanes to London and from thence over the same water and in the water of Medway Item King James by his Charter to the City Dated the 20th of August in the third year of his Reign takes notice of the Lord Major's Right to the Office of Bailiff and Conservation of the River of Thames in these words or to this effect Charta Jacobi Regis concessa Civibus Londini de Conservatione Rivi Thamesis inter alia geren ' Dat' vigesimo die Augusti Anno Regni sui Tertio JAMES by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. To all to whom our present Letters Patents shall
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
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
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