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
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
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
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
knowledge When the Inventory is so exhibited the Executor must become bound in a considerable Penalty either to bring in the money that shall appear due to the Orphants by such Inventory or within two Months or within that time to give good Security to pay the same into the Chamber of London for the use of the Orphants when they shall come to age or be married The Condition of a Bond to bring in Money or to give Security is as followeth THe Condition of this Obligation is such That if the above bound A. M. do and shall within two Months now next ensuing bring or cause to be brought into the Court of our Sovereign Lord the King holden before the Major and Aldermen of the City of London for the time being in the Chamber of the Guildhall of the same City good and sufficient Sureties to be bound for the true and sure payment of the Orphanage and Legatory portions due and belonging unto the Children and Orphants of the said E. M. deceased at the time of his death by the Laws and Customs of the City of London or by the last Will and Testâ—â—meâ—t of the said Testator or else do or shall pay or cause the same to be paid into the Chamber of London to the use of the same Orphants and do and shall from time to time and at all times hereafter within one Month next after warning or notice to her given or for her left in writing at the now dwelling House of J. W. situate in Cornhill London bring or exhibit into the Court aforesaid a true and perfect Accompt in writing upon her Corporal Oath of all and singular the sperate doubtful and desperate Debts whatsoever that were due and belonging unto the said E. M. at the time of his death as shall come to her hands or to the hands or custody of any other person or persons to her use or by her appointment And upon like notice to her to be given or for her to be left in writing as aforesaid bring or cause to be brought into the Court aforesaid good and sufficient Sureties to be bound for the true and sure payment of so much mony as upon every such Accompt shall appear or be found due or belonging to the same Orphants or else do and shall pay or cause the same to be paid into the Chamber of London to the use of the same Orphants without fraud or covin then c. or else c. If the Executor pay the money into the Chamber of London the Court of Aldermen usually allow 5 l. per Cent. Interest for so much of the Testator's Estate as is due to the Orphants by the Custom of London so as the same exceed not 500 l. and for Legacy money 3 l. 6 s. 8 d. per Cent. If the Executor shall not think fit to pay the money into the Chamber he must become bound with three Sureties to the Chamberlain of London for the time being in one or more Recognizances or else by Bond to pay the money due to Orphants and in case the Security live within the Liberties of London they must be bound by Bond. Note that if the Sum be 900 l. the Security must become bound by three Recognisances each for the payment of 300 l. the Custom being never to make any Recognizance touching Orphants of greater Penalty than 400 l. and not for the payment of above 300 l. The Condition of every Bond that is for Security of Orphants Portions is as followeth THe Condition of this Obligation is such That if the within bound S. D. T. G. W. G. and J. Y. or any of them their or any of their Executors or Administrators do and shall well and truly pay or cause to be paid in the Court to be holden before the Major and Aldermen of the City of London for the time being in the Chamber of the Guild-hall of the same City to the within named Sir T. P. Chamberlain of the City of London or his Successors Chamberlains of the same City for the time being 100 l. of lawful Money of England to and for the use and behoof of K. the Daughter and sole Orphant of W. D. late Citizen and Mercer of London deceased at such time as the said Orphant shall attain to her full Age of 21 years or be married to the said Orphant belonging out of the Goods Chattels Rights and Credits of her said Father by the Laws and Customs of the City of London or by his last Will and Testament or otherwise And if it shall happen in the mean time before the said Money shall be fully paid as aforesaid that the said Orphant shall dye and depart this mortal life then if the said S. D. T. G. W. G. and J. Y. or any of them their or any of their Executors or Administrators do and shall within one Month next after the death of the said Orphant pay or cause to be paid into the Court aforesaid to the Chamberlain of the City aforesaid for the time being the Sum of One hundred pounds so due and belonging to the said Orphant to the intent the same may be disposed where of right the same shall appertain And further if the said S. D. T. G. W. G. and J. Y. or any of them their or any of their Executors or Administrators do and shall until the said Money shall be fully paid as aforesaid find and provide or cause to be found and provided unto the said Orphant Meat Drink Apparel Linnen and Woollen and all other Necessaries to the said Orphant meet and belonging And do not in the mean time willingly permit or suffer the said Orphant to be married cloyned bound Apprentice or by any other ways or means to become bound without the special licence and consent of the Major and Aldermen of the City aforesaid for the time being first obtained And if it shall happen that the said S. D. T. G. W. G. and J. Y. or any of them shall dye and depart this mortal life or grow into poverty or insufficiency in their or any of their Estate or Estates before the said Money shall be paid as aforesaid Then if the said S. D. T. G. W. G. and J. Y. or any of them their or any of their Executors or Administrators do and shall within one Month next after such dying decaying growing into poverty or insufficiency in their or any of their Estate or Estates as aforesaid bring or cause to be brought into the Court aforesaid to be holden before the Major and Aldermen of the City aforesaid for the time being such and so many other good and sufficient Surety and Sureties as the same Court for the time being shall accept and allow of who shall and will then and there become bound to the Chamberlain of the City aforesaid for the time being in manner and form and every condition Mutatis Mutandis as in these Presents contained in the stead or place of him or them so dying or
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
was elected by the Court of Aldermen And always before and since Major Gunstone's Election the Court of Aldermen have elected the respective Clerks of that Court. And it hath been declared by Counsel Learned in the Law That the right of electing Clerk of the Court of Requests is not in this Court THE COURT OF ALDERMEN THis is a Court of Record and is held in the inner Chamber of Guildhall every Tuesday and Thursday except Holy-days and in the time of Sessions of Goal delivery All Matters touching Lights Water-courses and Party-walls may be determined in this Court The Assize of Bread is constantly appointed by this Court All Bonds and Leases that pass under the City Seal must be sealed in this Court Several places are in the Gift of the Lord Major and this Court viz. The Recorder Sword-Bearer Four City Counsel City Remembrancer Common Hunt Water-Bailiff Cities Solicitor Comptroler of the Chamber Two Secondaries Four Attorneys of the Lord Majors Court Clerk of the Chamber Hall-Keeper Three Sergeant Carvers Three Sergeants of the Chamber Sergeant of the Chanel Yeomen of the Chamber Four Yeomen of the Water-side Yeoman of the Chanel Under Water-Bailiff Meal-weighers Clerk of the Cities Works Six Young-men Two Clerks of the Papers Eight Attorneys in the Sheriffs Court Eight Clerk-Sitters Two Prothonotaries Clerk of the Bridge-house Clerk of the Court of Requests Beadle of the Court of Requests Thirty six Sergeants at Mace Thirty six Yeomen The Gager The Sealers and Searchers of Leather Keeper of the Green-yard Two Keepers of the Compters Keeper of Newgate Keeper of Ludgate Measurer Steward of Southwark Bailiff of Southwark Bailiff of the Hundred of Ossalston There are other Places in the Gift of the Major Aldermen and Sheriffs as the City Carpenter and other Artificers But the Rent-gatherer hath been put in by Mr. Chamberlain If any Officer shall mis-behave himself in his Office upon Complaint made thereof to this Court and Proof of the Fact such Offender may be and is usually suspended from the Profits of his Place during the pleasure of this Court The Rulers of the Company of Watermen are Annually elected and appointed by this Court pursuant to an Act of Parliament made in the Second and Third Year of Philip and Mary which is as followeth WHereas heretofore for lack of good Government and due Order amongst Wherry-men and Water-men c. there have divers and many misfortunes and mischances happened and chanced of late years past to a great number of the King and Queens Subjects as well to the Nobility as to other the common People that have passed and repassed and been carried by Water by reason of the rude ignorant and unskilful number of Water-men which for the most part be Masterless men and single men of all kinds of Occupations and Faculties which do work at their own hands and many Boys being of small Age and of little Skill and being Persons out of the Rule and Obedience of any honest Master and Governor c. For reformation whereof be it Enacted by the King and Queens Majesties c. That there shall be yearly appointed chosen and elected by the Major and the Court of Aldermen of the City of London for the time being the number of eight persons of the most wise discreet and best sort of Water-men being Housholders and occupying as Water-men upon the said River between Gravesend and Windsor which Election shall be yearly at the first Court of Aldermen to be holden within the said City next after the First day of March And the same eight Persons so elected shall be named and called The Overseers and Rulers of all the Wherry-men and Water-men that from and after the said First day of March shall use occupy or exercise any rowing upon the said River of Thames betwixt Gravesend and Windsor aforesaid which said Overseers and Rulers shall keep and maintain good order and obedience amongst the said Water-men according to the true meaning of this present Act. And also be it further Enacted That the Lord Major of London and the Aldermen of the same City and the Iustices of Peace within the Shires next adjoyning to the said River of Thames every of them within their several Iurisdiction and Authorities shall have full Power and Authority by virtue of this present Act upon Complaint made to them or any of them by the said Overseers and Rulers or two of them or the Master or Masters of any such Servants not only to examine hear and determine all Complaints or Offences to be done or committed by any such person or persons that shall offend contrary to the true meaning of this present Act and to set at large all and every such person and persons as shall fortune to be imprisoned by the said Overseers and Rulers according to this Act if just cause shall appear unto them so to do but also by their good discretions and wisdom to punish correct and reform the said Overseers and Rulers and every of them that shall unjustly or without good cause or ground punish any person or persons by colour of this present Act or any thing therein contained And be it further Enacted by the Authority aforesaid That if any person or persons which at any time hereafter shall be elected or chosen to be a Ruler or Overseer as before is expressed do happen negligently to use and exercise his or their room or place or that will obstinately refuse to take upon him or them the room or rooms place or places of any the said Overseers or Rulers that then all and every such Offender or Offenders shall lose and forfeit the sum of Five pounds of lawful Money of England the one half whereof shall be to out said Sovereign Lord c. and the other half to him or them that will sue for the same c. And be it further Enacted by the Authority aforesaid That the said Major and Court of Aldermen of the said City of London for the time being shall from time to time at their discretions limit set and assess the price and prices and sums of Money that every person or persons so authorized to rowe as is aforesaid betwixt Gravesend and Windsor aforesaid shall take for his or their labour or fare from place to place particularly betwixt Gravesend and Windsor aforesaid and the same prices and assessments to be set shall bring or cause to be brought to the Privy Council of our Sovereign Lord c. to be viewed and seen by some of the said Privy Council and after that the said assessments and prices shall be signed and subscribed with the hands of two of the said Privy Council at the least and the said Major and Court of Aldermen for the time being shall cause the said prices and assessments to be written and set up in Tables in the Guild-hall in the City of London Westminster-hall and elsewhere where the said Major and Court of Aldermen shall think convenient And every
passage pickage lastage pontage murage prisage of Wines or any like Custome of the said Citizens their Attorneys Factors Assigns or Servants contrary to the said Priviledges Franchises Liberties and free Customs for and in right of the said Citizens after that they or any of them shall so lack and default of right in that behalf the Sheriffs of the said City of London shall take within the said City of London therefore Distress or Distresses of other person or persons and parties resorting to the said City of London of the Town Burrough Place or City where the said Citizens of London were so grieved molested troubled or vexed or toll prisage lastage pirage pontage paunage murage prisage of Wines or any other Customs shall be free had or taken contrary to the said Liberties Franchises Priviledges and free Customs aforesaid Therefore in our Friendliest manner we pray require and exhort you and every of you in eschewing of further troubles and variances that you nor any of you molest or trouble or cause to be molested or troubled by any means or in any wise our well-beloved Citizen R. G. Citizen and Draper of London for his Goods Wares and Merchandizes contrary or against the tenour or effect of the said Freedoms Franchises Liberties Customs and Priviledges aforesaid and if ye have troubled or molested or suffered or caused to be troubled or molested or shall at any time or times hereafter trouble or molest our said Citizen his Servants Factors Attorneys or Assigns or any of them Or if you take or have taken of the same our Citizen or any of his Attorneys Factors or Servants any thing contrary to the tenour and effect of the Freedoms Liberties Franchises Customs and Priviledges aforesaid we pray and require you and every of you to discharge or cause to be discharged our said Citizen his Factors Servants and Goods and that restitution or amends be made to him them or one of them as of right it ought to be so that for default of Iustice we be not constrained or compelled to execute or cause to be executed the penalties and pains in the said Charters and Grants contained In witness c. The Lord Major of London may grant his Warrant to Distrein the Goods of Forreigners who shall refuse to pay the Duties of Balliage for Wares and Merchandizes brought to the City of London by Water westward The Form of which Warrant is in these words Lond ' ss TO all Christian People to whom these presents shall come or the same shall see hear or read Sir T. D. Knight Lord Major of the City of London sendeth Greeting Whereas the Duties for Tolls and Balliage due and payable for Goods and Merchandizes brought to this City and Liberties thereof and carried and conveyed from the same as well by Water as by Land by Strangers and Forreigners from the Liberties of the same City and other persons not lawfully discharged from payment thereof time out of mind have appertained and still do appertain to the Major Commonalty and Citizens of the said City and time out of mind have been accustomed to be demanded gathered and levied by certain Officers and Ministers thereunto appointed and authorized who have answered and still do answer several Rents for the same towards the Fee-farm of three hundred pounds yearly paid into the Court of Exchequer which Duties of Toll and Balliage are by the Franchises of the said City confirmed by Parliament to the said Major Commonalty and Citizens of London which time out of mind they have enjoyed and ought to enjoy And whereas I am informed that the said Duties are many times wrongfully detained to the prejudice of the Franchises and Liberties of this City These are therefore to require all Barge-Masters Hoy-Masters Liter-men and all Masters of Vessels whatsoever that bring or carry Goods to or from this City from London-Bridge westward at all time and times whatsoever to give a particular account of the said Goods in their Vessels and the several persons they belong unto to T. C. who is deputed and appointed under the Common Seal of the said Major Commonalty and Citizens to collect levy and receive the said Duties for all Goods Wares and Merchandizes whatsoever coming in or passing forth by water from London-Bridge westward to or from the said City or Liberties thereof And these are further to authorize the said T. C. to raise levy and receive the said Duties And upon denial of payment thereof or any part thereof to Distrein on the Goods and Chattels of the person or persons so offending or denying as well by Water as by Land within the Liberties of the said City and for refusal to make sale thereof immediately and return the overplus according to Law And for want of such Distress from time to time and at all times as often as occasion shall require to bring before me or some other of His Majesties Iustices of the Peace within this City and Liberties the person or persons so offending refusing or neglecting payment resisting or breaking the Peace And these are in his Majesties Name strictly to charge and command all Constables Wharfingers and Meters of Sea-coals Corn and Salt and all other Officers and Ministers whatsoever within this City and Liberties that they from time to time as often as occasion requireth be aiding and assisting to the said T. C. And that they from time to time do their best endeavours to see the said Duty paid and his Majesties Peace kept in the due execution of the Premisses And that they or some of them bring before me or some other of his Majesties Iustices of the Peace within this City and Liberties all and every such person and persons as shall break or at least disturb the Peace or use any violence or opposition in the lawful and due execution of the Premisses or that shall refuse to pay the Duties aforesaid or any part thereof And hereof I require the said Constables and all other Officers and Ministers or any other person or persons being thereunto required not to fail as they and every of them will answer the contrary at their perils c. His Lordship may also grant a Warrant against Hawkers with Flesh-meat The Form whereof is as followeth London ss WHereas I am informed that divers Butchers and other persons having often times heretofore in Lanes Alleys Inns Warehouses Streets Stalls Passages and other places within this City and Liberties thereof offered and there put to sale by way of Hawking in secret manner Beef Deal Pork Mutton Lamb and other Flesh refusing to bring the same to be sold in any Butchers Shop or Markets of this City which Flesh so offered to be sold hath oftentimes been corrupt rotten and unwholsome And such practices are contrary to ancient Customs of this City and in particular contrary to the late Act of Common Council made in the Majoralty of Sir George Waterman Kt. late Lord Major of this City whereby it is provided
Lawrence Pountney One hundred and twenty pounds St. Mary Aldermary and St. Thomas Apostles One hundred and fifty pounds St. Mary le Bow St. Pancras Soperlane and Alhallows Honylane Two hundred pounds St. Mildred Poultry and St. Mary Colechurch One hundred and seventy pounds St. Michael Woodstreet and St. Mary Staining One hundred pounds St. Mildred Breadstreet and St. Margaret Moses One hundred and thirty pounds St. Michael Queenhith and Trinity One hundred and sixty pounds St. Magdalen Old-Fishstreet and St. Gregory One hundred and twenty pounds St. Mary Somerset and St. Mary Mounthaw One hundred and ten pounds St. Nicholas Coleabby and St. Nicholas One hundred and thirty pounds St. Olave Jury and St. Martin Ironmonger-lane One hundred and twenty pounds St. Stephen Walbrook and St. Bennet Sheerhogg One hundred pounds St. Swithin and St. Mary Bothaw One hundred and forty pounds St. Vedast alias Fosters and St. Michael Quern One hundred and sixty pounds Which respective sums of money to be paid in lieu of Tithe within the said respective Parishes and assessed c. shall be and continue to be esteemed deemed and taken to all intents and purposes to be the respective certain Annual maintenance over and above Glebes and Perquisites Gifts and Bequests to the respective Parson Vicar and Curate of any Parish for the time being or to his or their respective Successors or to other persons for his or their use of the said respective Parsons Vicars and Curates who shall be legally Instituted Inducted and Admitted into the respective Parishes aforesaid In which Act there is a Provision in these words Provided always and be it Enacted That where any of the Parishes within the said City have since the late Fire by death or otherwise become vacant the surviving or remaining Incumbent of the other Parish thereto united or therewith consolidated shall have and enjoy and have like remedy to recover the Tithes hereby settled to be paid as if he had been actually Presented Admitted Instituted and Inducted into both the said Parishes since the Vnion and Consolidation thereof And be it Enacted c. That the Aldermen of such respective Ward or Wards within the said City wherein any of the said Parishes lye and his or their Deputy or Deputies and the Common Councel-men of such respective Parish wherein the maintenance aforesaid is respectively to be Assessed to be nominated by such respective Aldermen Deputy Common Councel-men and Church-wardens or any Five of them whereof the Alderman or his Deputy to be one shall at some convenient and seasonable time before the 20th day of May 1671. assemble c. and they or the major part of them so assembled shall proportionably assess upon all Houses Shops Warehouses and Cellars Wharfs Keys Cranes Waterhouses and Tofts of ground remaining unbuilt and all other Hereditaments whatsoever except Parsonage and Vicarage-Houses the whole respective sum by this Act appointed or so much of it as is more then what each Impropriator is by this Act enjoyned respectively to allow in the most equal way that the said Assessors according to the best of their Iudgments can make it which said Assessments shall be made and finished before the 24th of July then next And be it further Enacted c. That if any variance or doubt happen to arise about any sum so assessed as aforesaid or that any Parishioner or Parishioners or Owner or Owners of any House Shop Warehouse or Cellar Wharf Key Crane Waterhouse or other Hereditament within any of the said Parishes shall find himself or themselves aggrieved by the assessing of any sum or sums of money in manner and form aforesaid that then upon complaint by the party or parties aggrieved to the Lord Major and Court of Aldermen of the said City within Fourteen days after notice given to the party or parties assessed of such Assessment made the said Lord Major and Court of Aldermen summoning as well the party or parties aggrieved and the Aldermen and such others as made the said Assessment shall hear and determine the same in a summary way and the Iudgment by them given shall be Final and without Appeal Provided always and be it enacted That any Assessment or Rate to be made by virtue of this Act shall or may in all or any the Parishes aforesaid in like manner be received or altered or laid again within three months after the 24th day of June 1674. according to the aforesaid Rules and any such Assessment or state shall or may be again received or re-assessed within three months after the 24th day of June 1681. And that all and every such new Assessment and state shall be liable to the like Appeals as aforesaid and shall be collected levied and paid as any other Assessment or Rate mentioned in this Act may or ought to be And be it further Enacted c. That if any the Inhabitants in any respective Parish or Parishes as aforesaid shall or do refuse or neglect to pay to the respective Incumbents aforesaid of any of the said respective Parishes any sum or sums of money to him respectively payable or appointed to be paid by this Act or any part thereof contrary to the true intent and meaning of this Act being lawfully demanded at the House or Houses Wharf Key Crane Cellar or other Premisses whereout the same is payable that then it shall and may be lawful to and for the Lord Major of the City of London for the time being upon Oath to be made before him of such refusal or neglect to give and grant out Warrants for the Officer or Person appointed to collect the same with the Assistance of a Constable in the day time to Levy the same Tithes or Sums of Money so due and in arrear and unpaid by Distress and Sale of the Goods of the party or parties so refusing or neglecting to pay restoring to the Owner or Owners the Overplus of such Goods over and above the said Arrears of the said Moneys so due and unpaid and the reasonable Charges of making such Distress which he is to deduct out of the Moneys raised by sale of such Goods In pursuance of which Act the Lord Major upon Complaint to him made by any Minister against any Parishioner for refusing to pay the Rate assessed will cause such Parishioner to be summoned to appear before his Lordship and if he refuse to appear or to pay the money assessed on his House or Warehouse his Lordship will upon Oath made of the Demand thereof grant his Warrant to Distrein the Goods of such Offender which Warrant is usually as followeth The Form of a Warrant to Distrein for Tithes or Moneys Assessed and Rated to be paid in lieu of Tithes WHereas A. B. is the Parson and present Incumbent of the Parish of St. M. B. in London burnt by the late dreadful Fire and hath for One year at the Feast of the Annuntiation of the blessed Virgin Mary last past and ever since been legally Instituted
every Constable and Watchman may know the Night Time and Places where they are to watch And that the Constable on the day before his watch-night or the Beadle of that Ward do warn every man that is to watch with him accordingly or leave notice thereof in writing at the House of every such man And that the Inhabitants of every Ward do take notice hereof any pretence of priviledge usage or custom to the contrary hereof in any wise notwithstanding And be it also further Enacted by the Authority aforesaid That if any Constable shall make default in executing his Office or doing his Service in any of the Premisses hereby appointed or hereafter to be ordered or appointed as aforesaid without just and reasonable cause to be allowed of as is hereafter mentioned that then every such Constable shall forfeit and pay for every such default five pounds And that if any person appointed and warned to watch or to find an able and fit person to watch in his or her stead as aforesaid shall refuse or make default to watch or to find an able and fit person to watch in his or her stead as aforesaid that then every such person so refusing or making default to watch as aforesaid and not having just and reasonable cause for such his default as shall be allowed of by the Lord Major of the said City or the Alderman of that Ward for the time being shall forfeit and pay for every such default Twenty shillings And it is hereby farther Enacted That the Alderman Deputy and Common Councel-men of every Ward or the major part of them for the time being shall from time to time nominate and appoint two or more honest able men of the same Ward who shall be called Supervisors to take care and oversee that the Watches appointed in every Ward be from henceforth duly kept And that the Constables Beadle and Watchmen execute do and perform their duties and services therein or otherwise pay the forfeitures and payments herein before ordained for their defaults respectively and that the same Supervisors or one of them shall take notice of such of the said Inhabitants as absent themselves at any time from watching as aforesaid and likewise of such Constables and Beadle as shall at any time make default be remiss or negligent in performance of his or their Duties in the Premisses and shall likewise from time to time present the name of every sâ—ch Defaulter to the Lord Major of the said City for the time being or to the Alderman of the Ward where such Default shall be made that every such Defaulter may pay the forfeiture and payment imposed upon him or her as aforesaid And that the Beadle of every Ward or some trusty person for him shall in the presence of the Constable and one of the said Overseers if they or either of them can be present call over the Names of all those which shall be appointed to watch each night respectively in their course as aforesaid as well at the hours appointed for their meeting in the Evening as also at the time appointed for the breaking up of the watch in the morning and that they the Constable or Beadle or one of them or some other trusty person in their or either of their behalf in case the Supervisor shall be absent at any of the said times shall take a Note in writing of the Names and Sirnames of every of the Inhabitants then appointed to watch as shall be absent from their watch at any of the hours herein before appointed Evening or Morning and shall deliver the said Note the next day to the Supervisors or one of them And that the Constables Supervisors and Beadle of every the said Ward and every of them shall bring before the Lord Major of the said City for the time being or the Alderman of their Ward every Constable or other person making default in any of the Premisses respectively if such person making default will readily and voluntarily go along with him and every such Defaulter shall then presently pay to the Lord Major or Alderman aforesaid such forfeitures and payments as are herein before limited and appointed for them respectively to pay as aforesaid and that all Moneys so forfeited and paid as aforesaid shall be imployed to and for the relief of the poor of the said Ward as the Lord Major or Alderman of the Ward where such default shall be made shall think fit and appoint But if such Defaulter shall refuse to go with the said Constable Supervisor or Beadle before the said Lord Major or Alderman as aforesaid or going shall refuse or delay to pay the said forfeitures penalties or sums of Money respectively as aforesaid that then and in either of the said cases such Defaulter shall forfet and pay treble the aforesaid penalties or sums of Money All which forfeitures hereby forfeited shall respectively be recovered by Action of Debt Bill or Information in the name of the Chamberlain of this City for the time being in the Court holden before the Lord Major and Aldermen of the said City in the Chamber of the Guildhall of the same City to be prosecuted by the Beadle of the Ward wherein every of the said Offences aforementioned shall be committed or any other person or persons thereunto appointed by the said Lord Major or the Alderman of such Ward And after recovery thereof one Moiety of the same after all Charges deducted shall be to the said Beadle or other Prosecutors and the other Moiety to be imployed to the relief of the poor of the Ward wherein such Offence shall be committed as the Lord Major or Alderman of the same Ward shall direct and appoint In all which Suits to be brought by virtue of this Act the Chamberlain shall recover his ordinary Costs and Charges to be expended for the recovery of all such forfeitures against the Offenders And lastly be it enacted by the Authority aforesaid That the Beadles of the several Wards of this City or any of them shall not hereafter take or have any allowance of Watchmen called Dead-pays for or in respect of their Nightly watching or for or in consideration of any other Service whatsoever but that the Inhabitants of every Ward shall amongst themselves raise some convenient sum of Money for a fit and competent Salary and Allowance to be made unto the said Beadles for their said Service Or if the said Inhabitants of all or any the said Wards cannot agree upon raising such Salary or Sum of Money then the same to be done by Authority of Common Councel by such way and means and in proportion to the Service and the Extent of each Ward as by the said Common Councel shall upon farther consideration be found just and reasonable The Lord Major doth Annually issue out his Precept to the Aldermen of every Ward to hold his Wardmote for the Election of Common Councel-men and other Officers The Tenor of which Precept is as followeth
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