yet have owed or do detain from C. in in the Bill original and Attachment aforesaid the Defendant named any part thereof the said Sum of so as aforesaid nor any penny thereof in manner and form as the Plaintiff by his Bill Original and Attachment aforesaid hath supposed So God you help But if the Plaintiff hath two Witnesses that will swear the Garnishee had Moneys in his hands when the Attachment was made he must cause their Depositions to be taken by the Town-Clerk or his Deputy and that will stop the Garnishee from waging his Law and force him to plead to the Country in case their Depositions be full If A. be indebted to B. in 20 l. by Bill or Note payable at Six Months or more in such case you cannot enter an Action against A. till the Money is due But if B. shall be indebted to C. in any some of Moneys C. may so soon as the Bill or Note is given to B. by A. cause an Attachment to be made in the hands of A. as the Moneys of B. and if A. appear he shall be forced to give Bail within two days after his Appearance to have his Body forth coming or pay what Moneys shall be found in his hands And until A. hath given Bail he shall not be admitted to plead to the Attachment and if he neglect to give Bail Judgment will be entred against him for the Money attached But in this case after A. hath put in Bail he must plead that it is true he hath so much Moneys in his hands but that the same is not due nor payable to B. the Defendant till a certain time to come C. the Plaintiff shall have Judgment presently against A. the Garnishee for the Money attached but Execution shall not be awarded for the Money when it becomes due according to the time mentioned in the Plea If A. shall be indebted to B. in a Sum of Money for Goods bought a Verbal agreement only to pay for them at a time to come and an Attachment shall be made in the hands of A. for the Money before the time agreed for payment thereof shall be elapsed in such case A. the Garnishee may plead the same Plea as above and shall not be compelled to pay the Money till it became due by the Agreement but the Plaintiff shall have Judgment presently And if the Defendant in an Attachment after satisfaction acknowledged upon Record shall bring an Action against the Garnishee for the Money so attached the Garnishee may in such case plead the General Issue and give the Attachment in evidence but must at the same time prove the Debt to be a just Debt for which the Money was condemned and the Courts above have always allowed it as good Evidence against the Plaintiff in the Action If R. D. ows Money to L. C. and absconds and happens to leave Goods in a House or Warehouse locked up and no person in the House or Warehouse in such case L. C. may sequester the House or Warehouse and the Goods and Chattels therein contained in 6 days time may condemn the Goods the manner of making a Sequestration is as followeth L. C. must enter an Action of Debt against R. D. with one of the four Attorneys of this Court and then one of the Officers of this Court must go to the same House or Ware-house and say these words I Do sequester this Warehouse and the Goods and Chattels therein contained as the proper Warehouse Goods and Chattels of R. D. to answer L. C. in a Plea of Debt upon demand of 100 l. And then must put a Padlock upon the Door of the House and set a Seal upon the Key-hole After four Court days passed which is usually in four days the Officer will receive a Precept to open the Warehouse and cause the Goods therein to be Inventry'd and Apprais'd by any two Freemen and the Appraisors must set their Names or Marks to the same Inventory and come to the next Court and there take the Oath following The Oath to be taken by the Appraisors YOU and either of you shall swear that the Appraisement you have made of the Goods and Chattels in this Schedule or Inventory specified whereunto you have subscribed your Names is a just and true Valuation and Appraisement of the same Goods and Chattels according to the best of your Iudgments and Skills So help you God The same Court-day that the Appraisors are sworn the Plaintiff may have Judgment and Execution for the Goods bringing two sufficient Sureties who will enter into a Recognizance to this effect viz. That if the Defendant R. D. shall come into Court within a year and a day and disprove or avoid the Debt demanded by L. C. that then L. C. shall restore the Goods or the value thereof to R.D. or else that they will do it for him The manner for a Defendant in an Attachment to disprove or avoid any Debt demanded is as followeth The Defendant must either render his Body to Prison or give Security to pay the Debt demanded and then may bring a Scire facias which is called a Scire facias ad disprobandum debitum and the Plaintiff in the Attachment must be summoned to appear and plead thereunto and after the Plaintiff hath pleaded if the Debt demanded be not a Debt due by Bond Bill or Specialty under Hand and Seal the Defendant may wage his Law and thereby discharge himself of the Money demanded by the Plaintiff which must be done in Court as followeth I R. D. do swear that upon the day of naming the day the Action was entered I did not owe nor detain nor as yet do owe or detain from L. C. the Plaintiff the sum of xxxl nor any part or parcel thereof in manner and form as the Plaintiff by his Bill original hath supposed So help me God And if the Defendant be a Freeman of London he must have six Compurgators who will swear that they believe in their Consciences that what the Defendant swears is true But if the Defendant be not a Freeman of London then two Compurgators will be sufficient If the Defendant shall not think fit to wage his Law but will put the Plaintiff to prove his Debt he must in such case plead that he owes nothing to the Plaintiff an issuable Plea And in case the Plaintiff fail to prove his Debt a Verdict and Judgment will pass against him for restitution of the Money or value of the Goods attached and condemned And if the Plaintiff in the Attachment shall in such case be taken in Execution and shall be unable or unwilling to restore the Money his Security or Pledges that he gave when the Money was condemned will be compelled to pay the Money for the Sureties cannot discharge themselves by rendring the Plaintiff body to Prison But if the Plaintiff prove his Debt the Verdict will pass for the Plaintiff in the Attachment and then Judgment will be
Court to be holden after such Arrest so to be made to the end the party Plaintiff may proceed in his Action according to Law and that none of the said Officers presume to discharge any person or persons by him Arrested after agreements made between the parties till such time as the said Officer shall have caused either the Action to be withdrawn or satisfaction to be acknowledged on Record as the case shall require And if any of the said Officers shall hereafter offend in any of the Cases aforesaid and shall be thereof convicted by Examination of the Iudge in open Court upon complaint of the parties grieved or in default thereof by any other who shall inform the same that then and in every such case the Officer or Officers so offending shall for the first offence be by the said Iudge forthwith committed to the Compter there to remain till he shall have paid down the sum of Five pounds the one Moiety to the party grieved or in default of Information to be given by him or them as aforesaid then to such other person or persons who shall inform the same to the said Court over and besides such remedy as the said party grieved may have by his or their Actions at Law against the said Officers or any of them for any of the Defaults aforesaid and the other Moyety to the relief of the poor Prisoners in such of the said Compters wherein the said cause is or shall be entered And if any of the said Officers after he or they shall have been once convicted of any of the Offences aforesaid shall presume to offend in any of the said Cases the second time and be thereof convicted as aforesaid That then and in every such Case the said Offender over and above all other penalties herein above limited and appointed shall be ipso facto absolutely discharged from his said Office and the Sheriffs of the City for the time being are hereby impowred and required to nominate and present to the Court of Aldermen some other fitting persons to be by them admitted in his or their places as if the persons so offending and convicted as aforesaid were naturally dead Provided always that no Informer shall be intituled to the moiety of the said Five pounds unless the said Offender shall be convicted by the evidence of one or more persons indifferent and unconcerned to the profit or prejudice coming by the default of the said Officer Ever since the making of this Act my Lord Major's Warrant for removing Causes out of the Sheriffs Court into this Court hath been obeyed but as for the other matters they are not observed by the Attorneys in the Sheriffs Court which is the reason of the great Charge Plaintiffs and Defendants are compelled to pay to try Causes in that Court In all Attachments the person whose Moneys or Goods is attached is called the Defendant in the Attachment and the person in whose hands the Attachment is made is called the Garnishee And if the Plaintiff in the Attachment shall obtain a Verdict and Judgment for the Moneys or Goods attached in the Garnishees hands yet the Defendant in the Attachment may at any time before satisfaction acknowledged upon Record put in Bail to the Plaintiffs Action upon which the Attachment is grounded and thereby discharge the Judgment and all the Proceedings against the Garnishee and although the Garnishee be taken in Executâ—on upon any such Judgment yet if Bail shall be put in by the Defendant in manner as aforesaid before the Money shall be paid the Garnishee will be immediately discharged If an Attachment shall be made for Goods only and the Garnishee plead he had no Goods in his hands at the time of the Attachment or at any time after and the Plaintiff prove the Goods attached or any part of them in his hands the Jury in such case must find for the Plaintiff and say what Goods they find in the Garnishees hand whereupon Judgment must be entered as followeth Ideo considerat ' est quod fiat appretiatio And thereupon a Precept must be made and directed to one of the Officers of this Court to appraise the same Goods and if the Garnishee shall not produce them the Officer must return an Elongavit which is that the Garnishee hath conveyed the Goods out of the Liberties of this City The next Court-day for Trials after such return made a Jury must be sworn to enquire of the value of the Goods found by the former Jury to be in the Garnishees hands and Judgment must be entered for the value according to the Verdict of such Jury Note That upon Attachments no Costs are allowed to either party let the Verdict be for or against the Plaintiff The day for Trials in this Court is every Tuesday but every day is a Court for entering Proceedings as Appearances Rules Pleas and Judgments except Holy-days the week before Easter the first three weeks in August and from the Sixteenth of December till the Munday after Twelfth-day After Judgment obtained by the Plaintiff against the Garnishee upon any Attachment the Plaintiff must before Execution is awarded find Sureties who must undertake for the Plaintiff that if the Defendant in the Attachment shall within a year and a day then following come into Court and disprove or avoid the Debt demanded against him by the Plaintiff that then the Plaintiff shall restore to the Defendant the moneys by the Plaintiff attached and condemned in the Garnishees hands or so much thereof as shall be disproved or else that they will do it for him and then Execution will be granted against the Garnishee for the Moneys mentioned in the Judgment If A. attaches Money in the hands of B. as the Moneys of C. and in truth B. hath no Money in his hands belonging to C. but expects to receive the Moneys of B. some short time after in such Case B. after four Defaults passed which is usually in four days may discharge the Attachment by coming into Court personally and giving a Rule to declare upon his Attachment and if A. do not declare in three days following then Judgment will be entered against A. to dischage the Attachment But if A. do declare then B. may presently plead he had no Moneys in his hands at the time of the Attachment or at any time since and put the Plaintiff to prove any Moneys in his hands or else B. may discharge the Attachment by waging his Law Note That the Plaintiff shall not give evidence of any Moneys that came to the Garnishees hands after the time of the Plea The manner of waging Law to an Attachment is thus THe Garnishee must come into Court and there take the following Oath viz. You shall swear that at the time of the Attachment made which was the day of last past between the hours of Nine and Ten in the Forenoon of the same day or at any time since you had not owed nor did detain nor
unless it be spoken to his said Brother or to other which in his Conscience or Discretion he shall think it to be for the Common weal of this City And that well and lawfully ye shall do all such things that to the Office of Attorney pertaineth to do as God you help The manner of entring Actions in this Court is different from the Sheriffs Court For you cannot enter an Action in this Court at either of the Compters but must go to one of the four Attorneys and enter your Action with him and if it be an Action of Debt it must be entered thus R. B. Defend ' versus G. W. Quer ' in pl'ito deb'ti super demand ' leg'lis c. Pleg ' c. If in Case In pl'ito transgr ' super cam ' dam ' leg'lis c. Pleg ' c. If in Trespass In pl'ito transgr ' dam ' leg'lis c. Pleg ' c. If for Account In pl'ito quod reddat ei computum super receptor ' diversor ' bon ' merchandiz ' ipsius Quer ' ad valenc ' leg'lis c. Pleg ' c. If for Covenants broken In pl'ito convention ' fract ' damn ' leg'lis c. Pleg ' c. If in Debt at the Chamberlains Suit J. F. Defend ' versus T. P. Mil ' Camerar ' Civitatis London Quer ' in pl'ito deb'ti super dem ' leg'lis c. Pleg ' c. If in Debt upon a Penal Statute R. G. Defend ' versus W. B. Qui tam pro Domino Rege quam pro seipso in hac parte sequitur in pl'ito deb'ti super dem ' leg'lis c. Pleg ' c. When your Action is thus entered by the Attorney or his Clerk you must not imploy any of the Sheriffs Officers to Arrest the Defendant but give your Action or a Note thereof to one of the Serjeants at Mace belonging to the Major and Aldermen There is six Serjeants belonging to this Court who are men of good Estates and do not belong to either of the Sheriffs Most of them attend daily at the Attorneys Offices and one of them is constantly attending at the Lord Majors House If you give any of them a Note of your Action he will Arrest the Defendant and in case such Defendant cannot find Bayl the Officer will carry him to one of the Compters that being the Prison as well for this Court as the Sheriffs Court which Imprisonment and the Cause thereof is constantly Recorded in a Publick Book called the Book of Impri by the Attorney that entred the Action But if the Party arrested find Bayl the eldest of the four Attorneys must take the same he being Clerk of the Bayl 's and in Case he shall take in sufficient Bayl and the Defendant do abscond the Plaintiff may after he hath a Judgment for his Debt or Damages compel the Clerk of the Bails to pay the same Debt or Damages by Petition to the Court of Aldermen or to Mr. Recorder An Action entered in this Court will remain in force for ever although no proceedings be had thereupon whereas an Action entered at either of the Compters dies and may be crossed after sixteen weeks And the Charge of entering an Action in this Court is but 4 d. besides the King's Duty An Action commenced in this Court may be brought to a Trial for 30 s. Charge and in fourteen days time whereas in the Sheriffs Court they require more time and much more money as those that have had occasion know by experience If there happen to be six weeks time between the putting in Bayl to an Action in this Court and the time of the Defendants Plea in such Case the Defendant cannot remove the same Action or Suit into any other Court Note That an Action commenced in this Court cannot be removed into the Sheriffs Court but an Action commenced in the Sheriffs Court may be removed into this Court either by the Plaintiff or Defendant at any time before a Jury is sworn to try the Cause The manner of removing such Action is set forth hereafter If any man that is not a Freeman of London keep any Shop inward or outward within the City or Liberty for the Sale of any Goods or Wares by Retail he forfeits 5 l. for every day and an Action of Debt lies against him for the same in this Court in the Name of the Chamberlain of London for the time being pursuant to an Act of Common Councel made in the-Majoralty of Sir Leonard Halliday Knight which Act is as followeth WHere by the ancient Charters Customs Franchises and Liberties of the City of London confirmed by sundry Acts of Parliament no person not being free of the City of London may or ought to sell or put to sale any Wares or Merchandizes within the said City or the Liberties of the same by Retail or keep any open or inward Shop or other inward place or room for shew sale or putting to sale of any wares or merchandizing or for use of any Art Trade or Occupation Mystery or Handicraft within the same And whereas also Edward sometime King of England of famous memory the third of that name by his Charter made and granted to the said City in the Fifteenth year of his Reign confirmed also by Parliament amongst other things granted That if any customs in the said City before that time obtained and used were in any part hard or defective or any thing in the same City newly arising where remedy before that time was not ordained should need amendment the Major and Aldermen of the said City and their Successors with the assent of the Commonalty of the same City might put and ordain thereunto fit remedy as often as that should seem expedient unto them So that such Ordinance should be profitable to the King for the profit of the Citizens and other his People repairing to the said City and agreeable to reason And whereas by force of the said Customs Franchises and Liberties and of the Charter last aforementioned confirmed as is afore specified by Parliament The Lord Major Aldermen and Commons of the said City did the twelfth day of October in the third year of the Reign of Edward sometime King of England the fourth as a thing thought fit and convenient for that time amongst other things agree and ordain that the Basket-makers Goldwire-drawers and other Forreigners contrary to the Liberty of the said City holding open Shops in divers places of the City and using Mysteries within the said City should not from thenceforth hold Shops within the Liberty of the City aforesaid But if they would hold any Shop or dwell in the same City they should dwell at Blanchappleton and there hold Shops so as they might have sufficient dwelling there And whereas the Lord Major Aldermen and Commons of the same City did afterwards the Sixteenth day of May in the Seventeenth year of the Reign of our late Sovereign Lord of famous
it often happens that one years service after seven years shall be expired may be very considerable to the Master A Freemans Widow may take a Maid Apprentice for seven years and Inroll her in like manner as a youth in case she be above fourteen years of age but if the Indenture shall be made for less then seven years it is naught and against the Custom of London and will not oblige the Apprentice If an Exchange-woman or Sempstriss that hath a Husband free of London take a Maid Apprentice such Apprentice must be bound to the Husband and not for less then seven years and may be Inrolled and made Free at the expiration of her term in case she continue so long unmarried If any Master refuse to make his Apprentice Free when the time mentioned in the Indentures is expired such Apprentice may if he have duly served force his Master to make him Fre◠by summoning him before the Court of Aldermen or before the Chamberlain of London for the time being This Court is also a Court of Equity or Chancery for any matters within London and the Liberties thereof and the Recorder for the time being usually sits as Judge or Chancellor to determine such matters The manner of exhibiting a Bill in this Court is thus First it must be drawn and signed by one of the four City Councel whose Fee for perusing and signing thereof is 6 s. 8 d. then it must be ingrossed and entered in Court and one of the Officers belonging to this Court must give the Defendant a Summons personally within the Liberties of London to answer such Bill otherwise he is not obliged to appear The charge of drawing the Bill is 4 d. for every Sheet accounting twelve Lines to a Sheet and 6 d. a Sheet for ingrossing thereof and for the entering it in Court 2 s. and for the Attorney's Fee 3 s. 4 d. If an Action shall be depending in this Court and the party Defendant cannot be relieved but in Equity in such case he may exhibit his Bill against the Plaintiff in the Action and the entring the Bill in Court is a good Injunction to stay the Plaintiffs proceedings at Law without any motion until the Plaintiff shall give in his Answer thereto And note that when the Bill is to be relieved against an Action at Law the Plaintiff in the Bill shall not be compell'd to give the Plaintiff at Law any Summons to make answer to the Bill but if Affidavit shall be made that the Plaintiff at Law was 100 miles from London at the time of the exhibiting the Bill then upon motion to the Court the Plaintiff at Law shall and may proceed to Trial notwithstanding the Bill but Judgment and Execution must stay till the Plaintiff at Law answer the Bill or the Court shall make an Order to the contrary If an Action at Law shall be commenced in the Sheriffs Court the Defendant must cause the Action to be removed into this Court before he can stay the Plaintiffs proceedings at Law by exhibiting a Bill as aforesaid and if the Plaintiff at Law answer the Bill the Plaintiff in Equity may in eight days after the Answer put in exceptions to the Answer but if the Answer shall be full and the Plaintiff in Equity cannot prove the matters in his Bill suggested the Plaintiff at Law shall recover all his Costs against the Plaintiff in Equity Note That where a Bill is exhibited and no Action at Law depending the Defendant hath 8 Court days given him to Answer the Bill after his Appearance and if he does not answer the Bill in that time the Plaintiff in Equity may have an Attachment against him for which the Fee is 2 s. 6 d. and the Officers Fee for serving thereof is also 2 s. 6 d. which Fees the Defendant must pay when he gives in his Answer After Answer the Plaintiff may reply generally or specially and may examine Witnesses in like manner as is done in the high Court of Chancery to prove the Equity of his Bill and within a Month after Replication may bring his Cause to a hearing The Town-clerk or his Deputy is appointed to examin all Witnesses on both sides and his Fee for swearing and examining every Witness is 2 s. 4 d. and for the Copies of the Depositions 4 d. per Sheet but for the Copies è contra his Fee is 8 d. per Sheet The Town-clerk's Fee for every Order for publication or hearing of any Cause is but 6 d. and for an Order at hearing but 1 s. but if the Decree be drawn up and inrollect his Fee is 10 d. per Sheet and for the Copy 4 d. per Sheet After a Decree made the Plaintiff must serve the Defendant with a Copy thereof personally and make Affidavit thereof before an Attachment will be granted against the Defendant That the Plaintiff may serve the Defendant with a Copy of the Decree in any place whatsoever Note although out of the Liberties of London A Bill may be removed out of this Court into the high Court of Chancery any time before publication is passed after which time the high Court of Chancery will not retain the Cause The manner of removing a Bill out of this Court is thus First the Defendant must file a Bill in the high Court of Chancery against the Plaintiff in this Court and then must at the Registers Office give Bond to prove the suggestions in his Bill within fourteen days and procure Certificate that his Bill is filed and security given as aforesaid and then Petition the Lord Chancellor for a Certiorary to remove the Bill out of this Court And when the Petition is answered by his Lordship the Clerk in Chancery will make the Certiorary which must be delivered to the Town-clerk and he will allow it for which his Fee is 2 s. and then the Attorney for the Defendant in this Court will certifie the Bill Answer and Proceeding into the high Court of Chancery for which his Fee is 10 d. per Sheet If exceptions shall be put in to an Answer in this Court and a Cause at Law depending between the Parties the Plaintiff in Equity must the next Court move for a day to argue those exceptions otherwise they are over-ruled in course If the Defendant in Equity demurr or plead to the Plaintiffs Bill he must the next Court after the Demurrer or Plea is entred move for an Order to argue such Demurrer or Plea otherwise the same will be over-ruled in course and the Defendant will be compelled to give an Answer When a Freeman's Apprentice is legally discharged from his Master his proper way to recover part of the Money which his Master received with him Apprentice is to exhibit a Bill in this Court against his Master but if the Apprentice hath served five years or near that time this Court will not relieve him in ordering any money to be returned unless there be very extraordinary cause A
' c. secundum consuetud ' Civitatis London Primo die Julij Anno c. J. B. A. B. capi ' cognit ' coram me G. J. Recordator ' Â s. d. For which Warrant the Fee to Mr. Recorder is 6 8 When any person would Replevy Goods in London he must go to the Clerk of the Papers belonging to one of the Compters and give in the Particulars and Security to restore the Goods or the value in case upon a Trial it shall appear the same did not belong to him And then the Clerk will give a Warrant to one of the Sheriffs Officers to cause the Goods to be Appraised and to deliver them to the Plaintiff After the Appraisment is made and the Goods delivered the Officer must make return thereof to the Clerk of the Papers who will immediately thereupon certifie the Record thereof into this Court where the same must be decided And if Issue shall be joyned to try in whom the property of the Goods was when the same were taken a Jury must be summoned to try the Issue And in order thereunto Precepts must be issued to the Beadles of the six adjacent Wards to return the Names of the six substantial Freeholders and Inhabitants in each Ward which Precepts must be as followeth By the Major To the Beadle of the Ward of _____ THese are to require you with the advice of your Alderman and Deputy to return unto me in writing under your Hand the Names and Sirnames of six Freeholders Inhabitants within your Ward to be of a Iury at the next Hustings of Common Pleas in the Guildhall London for trial of an Issue joyned between R. G. and W. B. in a Plea of Replevin and hereof not to fail Dated the day of 1680. When the Names are so returned a Precept must be sent to the Sheriffs to require them to Summon the Jury to appear at the next Hustings of Common Pleas to try the Issue A Writ of Error may be brought in this Court to reverse any Judgment given in the Sheriffs Court The Writ must be made by the Cursitor for London and directed to the Major and Sheriffs of London and when Sealed must be delivered to Mr. Town-Clerk to allow the same and at the same time must enter into Bond with two sufficient Sureties to pay the Debt or Damages and Costs recovered and which shall be assessed in case the Judgment should happen to be affirmed or in case the Plaintiff in the Writ of Error should not prosecute the Writ of Error with effect And when Security shall be so given Mr. Town-Clerk will make a Supersedeas directed to the Sheriffs to stay further proceedings upon the Judgment And it is usual to move the Court at the next Hustings of Common Pleas after the allowance of the Writ that the proceedings in the Sheriffs Court may be certified within fourteen days then following into this Court where Errors may be assigned and argued and if Judgment shall be affirmed the Plaintiff in the Writ of Error may bring another Writ of Error before the Judges to examin the former Judgment The Condition of a Bond to be given upon allowance of a Writ of Error in this Court COndic'o istius Obligac'onis talis est quod cum supra obligat ' J. J. deliberavit Rob ' to Clayton Mil ' Majori Civitatis London Jonathan ' Raymond Mil ' Simon ' Lewis Mil ' Vicecomitibus ejusdem Civitatis quoddam breve de Error ' Corrigend ' in Recordo Processuâ— Loquele que fuit in Cur ' Dni ' Regis Civitatis praed ' coram Johanne Chapman Mil ' nuper uno Vicecom ' dicte Civitatis sine breve dicti Dni ' Regis secundum consuetud ' Civitatis praed ' inter predictum T. M. J. J. de deb'to ducentar ' librar ' quod idem T. M. Ã prefat ' J.J. exigit ut dicitur necnon in reddic'one Juditij Loquele praed ' coram praed ' J. C. Mil. si igitur pred' J. J. prosecutus fuerit cum effectu breve pred' Ac etiam solverit satisfecerit prefat ' T. M. debitum damna custag ' sua tam sibi adjudicat ' quam imposterum adjudicand ' in hac parte Et hoc infra quatuordecim dies prox ' post affirmac ' onem Juditij praed ' si contigerit Quod tunc presens obligac'o pro nullo h'eatur Alioquin in omni suo robore stet virtute The form of a Supersedeas is as followeth Per Majorem c. Vicecom ' London QVia in recordo processu ac etiam in reddic'one Juditij Loquel ' que fuit in Cur ' Dni ' Regis Civitatis pred' coram J. C. Mil ' nuper uno Vicecom ' dicte Civitatis sine breve dicti Dni ' Regis secundum consuetud ' ejusdem Civitatis inter T. M. J. J. de quadam transgression ' super casum per prefat ' J. J. illat ' ut dicitur Error intervenit manifestus ad grave dampnum ipsius J. J. sicut ex querela sua accepit dictus Dominus Rex pro eo quod pred' J. J. imposuit coram nobis sufficien ' securitat ' ad breve pred' prosequena ' cum effectu necnon ad satisfaciend ' prefat ' T. M. damna miss ' custag ' tam ipsi adjudicat ' quam imposterum adjudicand ' si contigerit Judicium pred' affirmari Vobis igitur precipimus quod quoad execuc'onem Juditij pred' in aliquo faciend ' Supersedeatis omnino dicta breve de Error ' penden ' indecissus Et ulterius vobis mandamus quod record ' process ' Loquel ' pred' cum omnibus ea tangen ' coram nobis ad prox ' Hustingum London de Com'ibus Pl'itis apud Guihald ' Civit ' pred' tenend ' h'eatis Ac etiam premon ' partibus pred' quod tunc sint ibidem auditur ' record ' process ' pred' si c. Et h'eat ' ib'i tunc hoc precept ' c. When Judgment shall be affirmed in this Court upon a motion the Court will order the Bond to be delivered up to the Defendant in the Writ of Error to put the same in suit for his Costs and Damages susteined by reason of the delay of Execution who shall not be compelled to cancel or part with the same till he shall be fully satisfied If the Plaintiff in the Writ of Error do not certifie the Record out of the Sheriffs Court into this Court according to the time given by the Court or if he shall not assign Errors the Court will give Judgment against the Plaintiff and issue out a Warrant in the nature of a Procedendo to the Sheriffs of London thereby commanding them to proceed to Execution upon the Judgment obtained in that Court That the Sheriffs by commandment of the Lord Major are Ministers to execute all Process out of this Court Note notwithstanding the Original Writ be directed to the
three discreet Commoners of this City amongst others assigned by this Court to be Commissioners for this instant Month of January for the Court of Requests commonly called the Court of Conscience according to an Act of Parliament made in the Third Year of the Reign of the Kings Majesty that now is And that they sitting in the said Court of Conscience in the Guildhall of this City yesterday last being Wednesday the three and twentieth of this instant January to hear and determine Matters for the Recording of small Debts and relieving of poor Debtors in this City according as by the said Act of Parliament they are authorized and only out of a conscionable Care to be certainly informed of the true state of a Case brought before them and which was depending in the Sheriffs Court where they were informed that Thomas Hutton one of the Attorneys in the Sheriffs Court was retained for the Plaintiff in the said Court And the said Hutton being in the Guildhall in the view of the said Sir John Jolls and other the Commissioners the said Commissioners commanded the Beadle of the said Court to go to the said Hutton and require him presently to come to the said Sir John Jolls and the other Commissioners And albeit the Beadle went two several times to him yet the said Hutton peremptorily and contemptuously made answer That he neither could nor would come to them The which being here examined in full open Court and the said Hutton called to answer the same was in part confessed by the said Hutton and also proved by the Oath of the Clerk and Beadle of the said Court of Requests And to aggravate the said Offence and Contempt the said Hutton here in open Court did affirm That he knew not what Authority that Court had to send for him The which Indignities and Contempts offered to Commissioners chosen by this Court and established by Act of Parliament and to an Alderman of the City of London by a Subordinate Officer of this City This Court do generally hold the same intolerable and the said Hutton worthy of severe and condign punishment And therefore do order and decree that the said Thomas Hutton shall be presently and absolutely dismissed and this Court doth absolutely dismiss him of and from his said Place and Office of One of the Attorneys of the said Sheriffs Court aforesaid And Mr. Dale one of the Iudges of the said Court was sent for and being here private was required to take notice thereof and to publish the same in the Sheriffs Court and to take private Order that the said Thomas Hutton be not admitted hereafter to practise any more in the said Court The Clerks Fees of this Court FOr every Plaint 2 d. For every Appearance 2 d. For every Order 4 d. For every Precept or Warrant to commit to Prison 6 d. For every Search 2 d. For every satisfaction acknowledged upon an Order 6 d. Beadles Fees FOr warning every person within the Liberties 4 d. For warning every person without the Liberties 6 d. For serving every Precept or Warrant 4 d. THE SHERIFFS COURTS EAch Sheriff holds a Court of Record in Guildhall viz. every Wednesday and Friday for Actions entered at the Woodstreet Compter and every Thursday and Saturday for Actions entered at the Poultry Compter There is eight Attorneys belonging to these Courts who of right ought to have three Fees in every Cause that is or shall be brought to Trial viz. a Fee For the Appearance a Fee at Issue and a Fee upon Summons for Trial But if the Cause shall be summoned more than once he is to have a Fee upon every Summons Note That an Attorneys Fee in this Court is 1 s. 8 d. and no more The Attorneys of these Courts are admitted by the Court of Aldermen and must take the following Oath The Oath of the Attorneys of the Sheriffs Courts YE shall swear that ye shall well and lawfully do your Office of Attorney and well and lawfully examine your Client and their quarrel without Champarty and without procuring of any Iuries or any Enquest embrasing And that ye shall change no quarrel out of his nature after your understanding Also ye shall plead Ne ley ne suffer to be pleaded or leyed by your assent no Forreign Release Acquittance Payment Arbitration plain Accompt whatsoever it be to put the Court out of his Iurisdiction nor none other matter but it be such as ye may find rightful and true by the Information of your Client whose information and saying upon your Oath and Conscience ye shall think to be true And ye shall not enform ne enforce any man to sue falsly against any person by false or forged Action Ready ye shall be at all times to come and attend at the warning of the said Major and of the Sheriffs of the said City unless ye be letted about the business of this City or for some other reasonable cause The Franchises Laws and Ordinances of this City you shall keep and do to be kept to your power And that well and lawfully ye shall do all things that to the Office of Attorney pertaineth to do As God help you There is two Secondaries two Clerks of the Papers two Prothonatories and eight Clerk-sitters belonging to these Courts The Secondaries allow and return all Writs brought to remove Causes out of these Courts The Clerks of the Papers file and copy all Declarations upon Actions in these Courts The Prothonatories do draw and ingross all such Declarations The Clerk-sitters enter Actions and Attachments and take Bails and Verdicts The Attorneys have not the custody of any Record belonging to these Courts their business is only to take their Fees due to them in every Cause and to give their Clients notice of Declarations and Trials and to advise them when and what to plead All Subpoena's for Witnesses to appear in these Courts are made by the Clerks belonging to the Judges of these Courts The Fees for a Trial in these Courts The Action 0 4 The Arrest 1 0 The Attorneys Fee 1 8 The Declaration if general 1 4 The Court Fees hereon 0 8 The Deletur 0 4 The Issue and Attorneys Fee 4 0 The Summons of the Jury and Attorney's Fee 4 8 The Subpoena 2 0 The Councel well deserve 5 0 The Juries Verdict 4 6 The Judgment 2 6 The Execution 1 4 If the Declaration be special the Prothonatories Fee for every sheet drawing and ingrossing is 0 8 The Defendants Fees for a Trial. The Attorneys Fee for Appearance and the Court Fees 2 6 The Copy of the Declaration 4 d. per sheet The Issue and Attorneys Fee 3 8 Attorneys Fee upon the Summons 1 8 After a Verdict obtained in either of these Courts and before Judgment entered the Defendant may stop Judgment by marking the Cause before the Lord Major for time to pay the Money recovered which he may do by speaking to an Attorney in the Majors Court and giving him
4 s. 10 d. for that purpose My Lord Major sits only upon Saturday to hear mark't Causes and if upon hearing both Parties it shall appear to his Lordship that the Plaintiff obtained a Verdict for more then his just Debt his Lordship may remit the Cause to Judgment for the just Debt only and give such time to pay the same as he shall think reasonable But his Lordship always orders the Defendant to give good Security to pay the Recovery at such times as his Lordship directs and to pay the Costs in fourteen days The Attorneys in the Majors Court always move for time although the Verdict was in the Sheriffs Court and his Fee for moving is 1 s. 8 d. The Plaintiff must pay for his Lordships Order and entering it 2 s. 10 d. Which Charges will be allowed to the Plaintiff upon taxing of Costs In these Courts may be tried Actions of Debt Case Trespass Accompt and Covenants broken as also Attachments and Sequestrations If either party shall have a Witness that cannot stay in London till the day of Trial his testimony may be taken in writing which will be allowed as good Evidence The method for examining such Witness is thus First his name and place of abode must be delivered in writing to the adverse Attorney and then he must be examined and sworn by the eldest Attorney in the Lord Majors Court whose Fee for the Examination and Copy is 3 s. 4 d. After the Examination the adverse Attorney may have a Copy thereof for which he must pay 2 s. The two eldest Clerks in these Courts for the time being are Attorneys of the Pye-powder Court held during the first three days of Bartholomew Fair for the examining and trying all Suits brought for petty Matters and Offences there committed contrary to the Proclamation hereafter mentioned The Lord Major and Aldermen do Annually cause a Proclamation to be made for the better regulating this Fair. The tenour whereof is as followeth The Proclamation made on Bartholomew Eve in the Afternoon at the great Gate going into the Cloth Fair. THe Right Honourable Sir R. C. Kt. Lord Major of the City of London and his Right Worshipful Brethren the Aldermen of the said City streightly charge and command on the behalf of our Sovereign Lord the King That all manner of persons of whatsoever estate degree or condition they be having recourse to this Fair keep the Peace of our said Sovereign Lord the King That no manner of Persons make any Congregation Conventicles or Affrays by the which the same Peace may be broken or disturbed upon pain of Imprisonment and Fine to be made after the discretion of the Lord Major and Aldermen Also that all manner of Sellers of Wine Ale or Beer sell by Measures ensealed as by Gallon Pottle Quart and Pint upon pain that will fall thereof And that no Person sell any Bread but if it keep the Assize and that it be good and wholsome for mans body upon pain that will fall thereof And that no manner of Cook Pyehalter nor Huckster sell nor put to sale any manner of Victual but it be good and wholsome for mans body upon pain that will fall thereof And that no manner of Person buy nor sell but with true Weights and Measures sealed according to the Statute in that behalf made upon pain that will fall thereof And that no manner of Person or Persons take upon him or them within this Fair to make any manner of Arrest Attachment Summons or Execution but if it be done by the Offâ—câ—rs of this City thereunto assigned upon pain that will fall thereof And that no Person or Persons whatsoever within the limits and bounds of this Fair presume to break the Lords Day in selling shewing or offering to sale or in buying or offering to buy any Commodities whatsoever or in sitting tippling or drinking in any Tavern Inn Alehouse Tippling-house or Cooks house or in doing any other thing that may tend to the breach thereof upon the pains and penalties contained in several Acts of Parliament which will be severely inflicted upon the breakers thereof And finally That what Persons soever find themselves grieved injured or wronged by any manner of Person in this Fair that they come with their Plaints before the Stewards in this Fair assigned to hear and determine Pleas and they will minister to all Parties Iustice according to the Laws of this Land and the Customs of this City THE CHAMBERLAINS COURT OR OFFICE THe Chamberlain of London keeps his Office in the Chamber of Guildhall and is entrusted with Orphans Moneys and the Cities Cash he is Annually elected and gives very good Security to the Court of Aldermen to pay and make good whatsoever Cash shall be delivered to him and once every year gives an Account to Auditors appointed and chosen for that purpose He is also entrusted with the Cities Leases and all Bonds and Securities taken by the Court of Aldermen for Orphans Moneys He attends at Guildhall usually every Forenoon to Inroll and turn over Apprentices and to make such Free as have duly served the full term of Seven years and have not married nor taken wages in that time Upon the admission of every Person into the Freedom of London Mr. Chamberlain causes them to take the following Oath The Oath of every Freeman of the City of London YE shall swear that ye shall be good and true to our Sovereign Lord King CHARLES and to the heirs of our said Soveraign Lord the King Obeysant and obedient ye shall be to the Mayor and Ministers of this City The Franchises and Customs thereof ye shall maintain and this City keep harmless in that that in you is Ye shall be contributary to all manner of charges within this City as Summons Watches Contributions Taxes Tallages Lot and Scot and to all other charges bearing your part as a Freeman ought to do Ye shall colour no foreign goods under or in your name whereby the King or this City might or may lose their Customs or advantages Ye shall know no Foreiner to buy or sell any Merchandize with any other Foreiner within this City or Franchise thereof but ye shall warn the Chamberlain thereof or some Minister of the Chamber Ye shall implead or sue no Freeman out of this City whilst ye may have Right and Law within the same City Ye shall take no Apprentice but if he be free-born that is to say no bond-mans son nor the child of any Alien and for no less term than for seven years without fraud or deceit and within the first year ye shall cause him to be enrolled or else pay such fine as shall be reasonably imposed upon you for omitting the same And after his terms end within convenient time being required ye shall make him free of this City if he have well and truly served you Ye shall also keep the Kings Peace in your own person Ye shall know no Gatherings Conventicles nor
entered for the Debt proved to be due and if so much was not recovered upon the Attachment or Sequestration the Bail for the Defendant are liable to answer and pay the same with costs Touching Apprentices BY the custom of London Apprentices that are or shall be bound by Indenture above the Age of Fourteen years to Freemen of London for the full term of Seven years are compellable to serve the full term and an Action will lie against the Apprentice for breach of any of the Covenants But if the Apprentice shall be under the Age of Fourteen years at the time of his binding his Indenture is not good By the ancient and laudable Custom of the City of London every Master ought to Inroll his Apprentice within the first year of his term before the Chamberlain of London for the time being who attends every day at his Office in Guildhall for that purpose And if the Apprentice be Inrolled within the first year of his term the Fee is but 2 s. 6 d. But if he shall not be Inrolled within the first year then such Apprentice may be discharged from his Masters Service in such manner as is hereafter set forth In case any Apprentice shall refuse to be Inrolled within the first year of his term the Master may within that time bring his Indenture to the Chamberlain or his Clerk who will Record the same which Record is as good as an Inrollment and shall barr the Apprentice from discharging himself Many Citizens of London are of opinion not to Inroll any Apprentice and the reason they usually give is that if the Apprentice be Inrolled they are bound to keep him although he shall be a Thief or Gamester but if he is not Inrolled they can turn him away at their pleasure which is a great mistake For if an Apprentice shall not be Inrolled and the Master turn him away the Apprentice may in such case bring his Action upon the Covenants in his Indenture and recover Damages from time to time against the Master And if the Apprentice be Inrolled and turn'd away he must take the same course against his Master If the Apprentice be a Thief the Master may as lawfully turn him away when he is Inrolled as when he is not Inrolled for the Inrollment is no obligation upon the Master to keep the Apprentice more than before he was not Inrolled But by the Inrollment the Master answers the Oath he took when he was made Free and obliges the Apprentice not to go away at his pleasure And every Master ought in Conscience to Inroll his Apprentice For otherwise he disappoints the Father who possibly paid the Master a considerable Sum with his Son Apprentice and if the Apprentice knows he may leave his Masters service at his pleasure it happens very often that he neglects his Masters service and takes bad courses whereby the Father loses both his Money and his Son which might in all probability have been prevented if the Apprentice had been Inrolled Secondly Although an Apprentice be Inrolled he may be discharged from his Master in case the Master shall beat him unreasonably without just cause or in case the Master refuse to find him sufficient necessaries or if the Master turn the Apprentice out of his service or leave off his Trade or shall neglect to instruct his Apprentice or turn him away whereas many Citizens do believe that if an Apprentice be Inrolled he cannot be discharged from his Master for any cause whatsoever The manner of suing out an Apprentices Indenture is thus He must bring his Indenture or a Copy to an Attorney in this Court who will give a Note or Warrant to to one of the Sergeants before mentioned to signifie to the Master the Apprentices intention of thing out his Indenture and for what cause And four Court days after will leaven Summons in writing at the Masters house for him to appear in this Court and shew cause why his Apprentice should not be discharged And if the Apprentice sue his Indenture out for not Inrollment the Master may appear and delay it a small time but cannot present the Apprentices discharge But if it be for any other cause the Master may appear by an Attorney of this Court and plead and try the truth of the matter complained of by the Apprentice and the Master need not doubt a fair Trial the Juries being all Masters and the Court constantly shew them all just and lawful favour And if a Verdict pass for the Apprentice or the Master no Costs will be allowed to either party Many Citizens have been unwilling to have any Cause tried in this Court or the Sheriffs Court by reason of insufficient Jury-men that are summoned to try Causes in both Courts It is very true there have been in some years men of mean quality and capacity returned for Jurymen to serve in this Court but the Citizens of London are the occasion thereof For it is the Custom of London that the respective Juries to try Causes in this Court and the Sheriffs shall be returned by the several Wards in the City of London at their Wardmote Inquests every Christmas which they constantly do by an Indenture under their Hands and Seals In which Indenture they also return the Names of the Common-councel-men Constables and Scavengers There are particular Wards appointed to serve as Jurymen for every Month which are divided as followeth The Jurymen returned by the Wards of Aldgate Portsoken Cornhill Serve for the Month of January The Ward of Cheap for February The Wards of Bassishaw Cripplegate within Cripplegate without for March The Wards of Vintry Breadstreet for April The Wards of Tower Billingsgate for May. The Wards of Farrindon without for June The Ward of Bridge for July The Wards of Aldersgate Colemanstreet Broadstreet for August The Wards of Farrindon within Castle-baynard for Sept. The Wards of Queenhith Dowgate Walbrooke for October The Wards of Langborne Limestreet for November The Wards of Candlewick Cordweyner Bishopsgate for December So soon as the Names are returned by the several Wards the Town-clerk writes them into a Book and gives the Officers of this Court a Copy thereof and also gives a Copy to the Officers of the Sheriffs Court the same Jury serving for both Courts and if they are not men of sufficient understanding it is the fault of the respective Wardmotes for not returning able persons That the persons so returned Note and no other must serve as Jurymen in this Court and the Sheriffs Court except in some special Cases where the Court shall order a Jury of Merchants and in such Case the Town-clerk returns their Names That an Apprentice cannot sue out his Indenture against a Freeman but in this Court Note If an Apprentice shall be bound for eight nine or ten years and enrolled he shall be compelled to serve the full term and cannot be discharged from his Master after seven years service unless for a very reasonable Cause and