Selected quad for the lemma: death_n
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A06224
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Orders taken & enacted, for orphans and their portions. Anno M D. LXXX.; Acts and orders. 1580
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City of London (England). Court of Common Council.
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1580
(1580)
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STC 16708; ESTC S105583
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4,873
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18
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Orders taken enacted for Orphans and their portions Anno MD. LXXX Imprinted at London for Gabriel Cawood ⧠Orders enacted AD Commune concilium teÌ„tum in Guildhaldia ciuitatis LoÌ„dini xiii die Octob. Anno regni Eduardi sexti Dei gratia Angliae Franciae Hiberniae Regis fidei defensoris in terra Ecclesiae Anglicanae Hibernicae supremicapitis quinto coram Andrea Iudde Milite tunc Maiore Aldremannis Ciuitatis illius ordinata sunt inter alia inactitata concessa stabilita omnia singula subsequentia FOrasmuch as the Citie sof London is of late yeres sore decayed and dayly is lyke to decaye more and more A great cause occasion whereoff among other hath ben for that frée mens children Orphanes of the sayd Citie sometimes in the lyues of their Parents and sometimes after their deceases béeing lefte wealthy and rich doe bestow themselues in vngodly Mariages for the most part in their young age at their owne wills pleasures without the consent and against the mindes of their friends saying affirming that the Law custome of the said Citie giueth vnto them their portions whether they mary by the assent of their friends or not so do daily cast away vndoe themselues in trust to haue their saide portions whether their parents or frieÌ„ds will or will not And therby doe they bestow themselues vpon simple light persoÌ„s hauing neither cuÌ„ning knowledge substance ne good or honest coÌ„ditions By reason where-ofâ— such Orphanes inordinately insolently do spende consume their patrimony portions in short time not only to the vndoing of themselues and to the great ignomie shame of their friends but also to the great slaunder of the Lord Maior Aldermen of this citie who bene reputed taken as Fathers Protectors of the same Orphanes to the great losse and hinderaunce of the sayd Citie And forasmuch as the sayd Lord Maior and Citizens haue by theyr lawes and customes power and authoritie to make lawes and ordinauÌ„ces by their common counsaile for redresse of the same It is therefore now to the intent to reduce the same to a more godly more profitable and decent order and conformitie by the said Lord Maior and Communaltie and Citizens in this present common counsayle assembled and by aucthoritye of the same common Counsaile enacted ordeined authorized established for a Law perpetually to be obserued kept within the said Citie That if any Orphane or child of anye frée man or frée woman of the sayd Citie doe offend in any the things héereafter expressed and be thereoff lawfully conuicted afore the Lorde Maior and the Aldermen or els where that then they and euery of them shall to al entents purposes constructions meanings be vnabled and barred to demaund and claime their portion or portioÌ„s also shal lose forgoe be barred for euer of all and euery his hir or their part or parts portions to him or them belonging by and after the death of his or their said father or mother of the goods cattalles of euery such father mother by reason of any Law custome ordinance vsage fraunches priuiledge act of CoÌ„mune counsale or other thing héeretofore had or vsed within the sayd Citie The same Law Custome Ordinaunce or other thing whatsoeuer heeretofore had made ordeined allowed put in vre to the contrarye in anye wise notwithstanding That is to wit First if any maÌ„child or womaÌ„child shal malitiously go about or attempt to do or cause to be done any bodily harme death or destruction to his or their Father or Mother Or if any manchilde do héerafter mary or contract mariage in the life of his father or mother by whom he will clayme any portion vnder the age of xxi yeres without the consent of his sayd Father or Mother by whom hée will claime any portion Or if any womanchilde doe héereafter mary or contract mariage in the life of hir father or other parent by whom she shall claime any portion before the age of xviii yeares without the consent of hir Father or such other Parent by whome shee shall or maye claime any portion Or if any man-childe bée a Thiefe or a Fellon or a common whore haunter a common Diser or a coÌ„mon player at vnlawfull games notoriously known Or if any womanchilde shal héerafter commit any whoredome or be a common Picker that then euery of the persons so offending shal be barred excluded to haue or demaund any portion ¶ Prouided alwayes that it shal be lawful for the father or mother of any such childe or children to giue bequeath in Legacie to such childe or children as much as the portion of such child so offeÌ„ding shal amouÌ„t vnto by the custome of the said citie and then such childe therby to be enabled to haue demaund the same as portion this Act notwithstanding so that the same Legacie be conteined in his or their testament in writing not otherwise And that then and from thenceforth his said childe or childreÌ„ to be admitted and restored to claime such legacie or legacies in such sort manner forme as if there had bon neuer any such offence done or committed by any such childe Item it is further ordeined enacted authorized and established by the authoritie aforesaid that if any womanchilde being an Orphane vnder the age of xxi yeares at any time héerafter after the death of hir father do ensure or contract hir selfe in mariage or els according to the Ecclesiastical lawes of this Realine do perfectly solempnize or consumate Mariage with any frée man of this Citie the consent agréemeÌ„t of the Lord Mayor and Aldermen of this sayd citie of Londâ—n for the time being not obteined had that then for euerye such default offence committed or done by any Orphane or Orphanes of the sayde Citie the same béeinge confessed or sufficientlye proued by two witnesses or otherwise before the said Lorde Mayre and Aldermen of this sayde Citie of London for the time béeing at and in a Court of Aldermen she or they that so happen to behaue hir or themselues as is afore sayde shall forfeit forgoe and loose ij d of and for euery pound so due or to be due vnto hir or theÌ„ by reason of any such Orphanage the summe of xij d. of euery li. to goe or to be to the vse of the chamber of the sayd citie according to the auncient custome before this time in such case vsed And if the said contract or mariage of the sayde Orphan or Orphans be made with any forrein not being frée of this Citie at the time of any such contract or mariage made that then the sayd Ophan or Orphans and euery of them shall forfait and loose iij. s. of euery pound or to be due vnto hir or them by vertue of any Orphanage or custome had and vsed within the sayd Citie The one shilling of the sayd iij. s.
of euerye pound to go or to be to the vse of the chamber of the sayd citie in such maÌ„ner forme as is aforesaid And the other tj s. so forfeited of euery pound to go to the vse of such other Orphane or Orphanes as theÌ„ shal remain vnmaried Or els for default of such Orphanes or Orphane to remain to the next of the kinred of the Orphane so offending Also be it further ordeined enacted established by authoritie aforesayd for in eschewing of diuers varieÌ„ces contentions sutes that dayly héeretofore haue héereafter may ensue that if any frée mans childe man or woman fortune to be maried héereafter in the life time of his or their father by his consent not fully aduaunced off to his or hir full part or porcioÌ„ of his or hir sayd Fathers goods as he shal be worth at the time of his disease according to the auncient lawes and customes of this sayd Citie that then euery such frée mans childe so béeing maryed in the life time of his or hir Father shal be to all intents and purposes disabled to demaunde any furâ—â—er part or porcion of his or hir faâ—hers goods after the disease of his or â—ir father but shal be adiudged repuâ—ed and takeÌ„ to be fully aduanced acâ—ording as the lawe and custome of â—his citie hath bene long time out of minde except his or hir sayd father do mencion certainly in his last will or â—estament or by other writing signed with his own proper name or marke â—he certeintie of the sum or sums of money goods and cattells the value of them that the Father gaue payed â—r departed withall or otherwise â—ssured or héereafter shall giue paye â—epart withall or otherwise make asâ—urance off vnto him or hir before at â—r after the mariage of him or hir or â—therwise in his lyfe time for and towardes their aduauncements in the name of his or hir part or portion And theÌ„ euery such Orphane or childe which after the decease of his or hir sayd Father can bring foorth the sayd TestameÌ„t or other writing signed or marked with the fathers hand or mark wherein the certeintie of such moneâ— goodes or Cattells as they haue oâ— shall haue receiued of their sayd Father or by the same father assured bâ— especialtie or otherwise shal haue aâ— much of the ready money goods cattells and debtes of the sayd Father as with that which he or they shalâ— haue receiued towards their aduauÌ„cements in the life of their said father shall make vp a full childes part oâ— his goods and Cattells as he shall bâ— worth at the time of his decease Thâ— same to be demaunded asked claymed or sued for against the executor or executors administratour or administratours of the goods and Cattells of the sayd Father by bill Originall to be commenced to our souereigne Lord the kings court holden in the vtter chamber of the guild-halâ— of the sayd citie before the sayd Lord Mayre and Aldermen of the same citie for the time béeing any law or custome héeretofore made or vsed to thâ— contrary notwithstanding In which action no wager of Lawe or Essoine shal be admitted or allowed Prouided alway and it is further â—nacted that if anye frée mans sonne â—éeing of full age which shall heereafter be maried with the consent of his father or any other perteÌ„ being of ful age which shall héereafter mary any frée mans daughter doe at the time of the espousalls or anye time after confesse themselues by writing fully satisfied of his or their portion or doo otherwise acquite and discharge the Father of such frée mans sounes or daughters of all their part and portion due or to be due by the Lawe and custome of the Citie that then euery such person so confessing acquiting or otherwise discharging shal be reputed and taken as fully aduaunced of his or theyr whole part or portion shal not be enabled to demauÌ„d any further or greater part of the substaunce goods cattells of his or hir Father this law or any other law or custome héeretofore had made or vsed to the contrary notwithstanding And further for as much as it is thought very preiudicial hurtful the fatherlesse children Orphane when the mother or mother in law being executrix of the last wil testâ—ment of hir late husband by whom after whose death the Orphanes aâ— intituled to an Orphanage accoâ—ding to the sayd laudable customes 〈◊〉 this citie doe diuers times marry 〈◊〉 contract matrimony some with forâ—â—…ners persons vnknowne some 〈◊〉 Free men or euer a iust Inuentory 〈◊〉 the goods cattels plate Iuells reâ—dy money of the Testatours be by tâ—â—â— brought in By reason wheroff manâ— times they either for feare or affectâ—on of their husbaÌ„ds or for some otheâ— sinister cause doe bring in very suspâ—tious Inuentories omittinge thereâ—â— either ready money Plate Iuells oâ— debts or some other thing or things whereby some benefit should redounâ— to the fatherlesse children to the greaâ— losse and hinderance of the Orphaneâ— and sometime slaunder to the Lord Mayre and Aldermen of the Citie notwithstanding their great care anâ— trauaile that they take for the good ordering and true aunswering of the sayd Orphanes It is therefore by lyke authoritie ordeined established and enacted that if after the first day of Nouember next ensuing any widow which is or shall be made executrix of the Testament and last will of hir late husband being a frée man or shall take vpon hir the administration of the goods cattells of hir late husbande béeing a free man doe not vpon hir othe bring in and exhibit or cause to be brought in exhibited before the Lord Mayre and Aldermen of this sayd Citie for the time being at and in a court of Aldermen a iust and perfect Inuentory to their knowledge of all the goods cattells plate and Iuells ready money and debts as were hir sayd husbands at the time of his death appraysed according to the law of the said citie before she do ensure hir self in mariage or contract mariage or els according to the lawes of the Realme doe perfectly solemnize or consuÌ„mate mariage with any person before such time as aforesaid that theÌ„ euery person so offending shall forfait and loose viij s. of euery pound of hir portion of the goods of hir late husband due to hir by the laudable custome of this sayd Citie the same to go to the vse of such Orphane or Orphanes as then shal be entituled to haue or demaund any Orphanage or portion after the death of his or hir late Father the same to be demauÌ„ded asked claimed or sued for against suche executrix or administratrix by bil original of debt to be commenced in our Souereigne Lord the kinges Court holden in the vtter chamber of the Guild-hall of the said citie before the Lord Mayre and Aldermen of the same Citie for the time béeing any law c. In which Action no wager c. ¶ Imprinted at London by Thomas East for Gabriel Cawood