matter of admiration 'T is pretty to see the Temper of these Men and those they have infected all made up of Contradictions They hate their Friends and love their Enemies They deride Popery and yet do their utmost to bring it in None more averse than they from Slavery but leave no Stone unturned to work it into these Kingdoms Whose Condition is like that of a Sick Person that longs for Health and yet is greedy to catch at any Thing that pleases his Fancy let it prove never so fatal The Truth is 't is nothing else in the bottom but a malignant Humour that causes Inflammation and strikes up to the Brain lately a catching but now thanks be to God a vanishing Disease I conclude with the Parish-Church Officers which are indeed Lay-men but as they have a peculiar Relation to the Church they may be counted to be half-Clergy-men The Church-Wardens amongst these are the principal Whose Office is to see that the Church be in good Repair and want nothing for Divine Service c. That the Church-yard be well inclosed and an exact Terrier of the Glebe-Land be Kept They are also to sue for any Thing Kept from the Church that is of right belonging to it to inquire after admonish and present to the Bishop scandalous Livers and to collect the Charity of the Parishioners The Bishops Orders they are both to declare and to execute They serve commonly two Years in that Station and Easter-Week is the time for their Election Usually they are elected by the Parson and the Parishioners where it is so agreed If not the Parson chuses one and the Parishioners the other In some great Parishes there are joyned Sidesmen to the Church-Wardens to assist them in the Inquiries into the Lives of inordinate Livers and in presenting Offenders at Visitations Next is the Clerk whose Office is to serve at Church the Priest and Church-Wardens He ought to be at least 20 Years old and a Man of good Life and Conversation that can read write and sing Psalms the tuning whereof is part of his Office He is commonly chosen by the Parson only In many Parishes there is also one Sexton or more So we call those that attend the Parishioners at Church and let them into their Pews Which in Cathedral and Collegiate Churches is commonly performed by the Vergers so called from a Silver Verge which they carry in their hands To take care of the Parish-Concerns both Civil and Ecclesiastical a great Power is by Law committed to the Vestry-men So called from the Vestry a Room adjoyning to the Church for the Use of the Parson and Parish-Officers They are a select Number of the chief Parishioners in every Parish within the City of London and Suburbs and elsewhere who yearly chuse Officers for the Parish as Church-Wardens Constables Scavengers Collectors for the Poor c. The Beadle's is a standing Office CHAP. XXV Of Women ALL Women in England are either Noble or Ignoble The first are so by Descent Creation or Marriage By Descent as when a Lady holds an Estate by a noble Title For Titles of Honour sometimes for want of Males do descend to Females But only to one of them because they are Things in their own nature intire and not to be divided amongst many as the Lands and Tenements are which descend in equal Proportion to all the Daughters By Creation some Women have been made at the King's pleasure Baronesses Countesses and Dutchesses But the greatest Part of the English Noblewomen are so only by Marriage all Women being counted Noble that are married to any Peer of the Realm And so as the Law says Uxor fulget Radiis Mariti Yet if afterwards they marry to Men not Noble they lose by Law their former Dignity and follow their latter Husbands Condition though by the Courtesy of England they are still lookt upon and respected as Noble and called by the Name of the former Husband But Women Noble by Descent or Birth-right or by Creation retain by Law their Nobility tho they Marry afterwards to Husbands under their Degree 'T is observable that any Noble-woman by Birth being married to a Baron takes place but as Baroness though she be a Duke's Daughter But if she marry to one under the Degree of a Nobleman as to a Knight or Gentleman the Courtesy of England gives her place according to her Birth and not her Husbands Condition A Noble-woman marrying to an Ignoble Man adds no Honour to him Her Honour is all hers and he has no share in it though by Marriage he becomes Master of all her Goods and Chattels But her Dignities with the Lands descend to her next Heir Noble-women in the Eye of the Law are Peers of the Realm and accordingly they injoy most of the Priviledges of Peers But it is thought they cannot maintain an Action upon the Statute De Scandalo Magnatum As happy as the Condition of married Women is generally all over England yet the Laws of this Kingdom are in the main very severe upon them For when a Woman marries she gives her self over and what she brings with her to the power of her Husband Whatever she is possessed of the Husband becomes the Proprietor of it and her very necessary Apparel is not hers in Propriety If she has any Tenure it is all in Capite that is she holds it of and by her Husband who is the Head of his Wife And all the Chattels personal she had at the Marriage are so much her Husbands that he dying before her they shall not return to his Wife but go with his other Goods and Chattels to the Husband's Executor or Administrator Except the Paraphernalia that is those Goods which a Wife besides her Dower or Joynture is after her Husbands Death allowed to have as Furniture for her Chamber wearing Apparel and Jewels if she be of quality which are not to be put into her Husband's Inventory especially in the Province of York The Wife can make no Contract without her Husband's Consent and without it she cannot set sell give away or alienate any Thing So great is her Subjection to her Husband's Will that in the Sense of the Law she has no Will of her own Therefore when a Man and his Wife commit a Felony together the Wife can neither be Principal nor Accessory the Law supposing she was forced thereunto in regard of the Subjection and Obedience she ows to her Husband In short by the Law of England a Wife is so much in the Power of her Husband that she is no better than a Child or the best of Servants For she can call nothing her own more than a Child whom his Father suffers to call many Things his own yet can dispose of nothing And when she offends 't is in her Husband's Power to correct her as a Servant Therefore if she wrong another by her Tongue on by Trespass her Husband must answer for her Fault and make Satisfaction But a
the Fee He is free to consent to Marriage and may by Will dispose of Goods and Chattels At the Age of 15 he ought to be Sworn to his Allegiance to the King at 21 he is said to be of full Age. Then he is free to make any Contracts and to pass by Will both Goods and Lands which in other Countries may not be done till the Age of 25 called Annus Consistentiae A Daughter at the Age of 7 Years may consent to Marriage but at 12 she is free to retract or confirm it If she confirms it then the Marriage is good and she may make a Will of Goods and Chattels At 21 she may Contract or Alienate her Lands by Will or otherwise Servants in England are either tied to a certain Number of Years or only by the Year these being free to quit their Service at such a Warning as is agreed upon between the Master or the Mistris and the Servant By those that are tied to a certain Number of Years I mean Apprentices the usual Time for their Apprentiship being 7 Years This is the most Servile Condition in England considering the Lash they ly under together with their long and strict Confinement under Articles And whereas other Servants receive Wages for their Service these commonly do pay a Sum of Mony to their Masters for their Prenticeship The Condition of other Servants is much easier all over England For besides that few undergo the Hardship that Prentices do they may be free at the Years end giving 3 Months Warning and if a Servant do not like one Master he may go to another where perhaps he may find more favour or advantage But before a Person ventures upon such a Servant 't is civil first to get his former Masters Leave and prudential to have from him a testimony of his faithfulness and diligence Now there are so many Degrees of Serâ—ants in England that if some live meanly there are others who live genteely and some of these so splendidly as to keep Servants of their own In great Families where a Person of quality makes a proper Figure and has a sutable Attendance there is a necessary Subordination of Servants so that the Inferiour Servants may be at the beck of their Superiour Officers to answer the several parts of their respective Duties Thus a great Man lives like a Prince and Keeps a Court of his own In general it may be said no Country is more favourable than England to Servants who generally live here with more ease and less Subjection and have larger Salaries than any where else The truth is if we consider the nature of a Servant how by going to Service he devests himself of what is dearest to Mankind his Liberty and Subjects his Will to another who sometimes proves magget-headed cruel or tyrannical I think it but reasonable to have a tender Regard for good Servants For this amongst other Things was that great Man of Spain Cardinal Ximenes so noted in his time who proved so bountiful and so generous a Master to his Servants that History to this day does admire him for it As for stubborn and unruly Servants the Law of England gives Masters and Mistresses Power to correct them and Resistance in a Servant is punished with severe Penalty But for a Servant to Kill his Master or Mistris is so high a Crime that it is counted Petty Treason or a Crime next to High Treason Since Christianity prevailed here England admits of no forein Slaves In forein Plantations indeed the English as other Nations buy and sell Negro's as Slaves But a forein Slave brought over into England is upon Landing ipso facto free from Slavery though not from ordinary Service 'T is true there has been a sort of Tenure here called a Tenure in Villenage and the Tenant Villain who was in effect a Bond-man to the Lord of the Land For the Lord might take Redemption of him to marry his Daughter and to make him free He might put him out of his Lands and Tenements Goods and Chattels at his Will and might beat and chastise but not maim him Now such Villains are out of date though the Law concerning them stands unrepealed to this day Servorum Nativorum says Spelman apud nos sublata est Conditio quas ideo possidebant Terras vel Praedia hodie libere tenent sub antiquae Servitutis Consuetudinibus And Sir Edward Coke out of Fortescue has this Note Impius Crudelis judicandus qui Libertati non favet for which he gives this as the Reason of it Anglia Jura in omni Casu dant favorem Libertati the Laws of England in all Cases stand for Liberty The End of the Second Part. THE THIRD PART OF THE New State OF ENGLAND Under Their MAJESTIES K. William and Q. Mary CONTAINING A Description of the several Courts of Judicature Viz. The highest Court of Parliament Privy Council and all other Courts with a Catalogue of the present Officers in Church and State London Printed in the Year 1691. THE NEW STATE OF ENGLAND PART III. Of the Courts of Judicature CHAP. I. Of the Parliament of England THE High Court of Parliament being the Great Council of England the Supreme Court of Judicature and One of the most August Assemblies the World is the Court that I am to speak in the first place It came to be called Parliament from the French Parlement and this from their Verb Parler to speak or talk together The same is taken in a two-fold Sense First as it includes the Legislative Power of England as when we say an Act of Parliament In which Acceptation it includes the King Lords and Commons each of which have a Negative Voice in making Laws so that without their joynt Consent no Law can by either abrogated or made Secondly in a Vulgar Sense as when we say the King and Parliament or the King has called a Parliament by which is meant the Two Houses viz. the House of Lords and the House of Commons This Court is a Body Corporate consisting according to the first Acceptation of the Word of the Three Estates of the Realm And though the Name Parliament by which it is now called be not probably older than the Conquest by William Duke of Normandy yet 't is made plain by ancient Records and Precedents that the former Kings of England even in the Saxons-time had from time to time great National Councils much of the same nature as our Parliaments In the Saxons Time says Lambard the great Council of the Nation consisted of the King Lords and Commons It is most apparent says Prinn by all the old Precedents before the Conquest that all our ancienâ— Councils were nothing else but Parliaments called by different Names in several Ages till at lasâ— that of Parliament was fixed upon them and that our Kings Nobles Senators Aldermen Wisemen Knights and Commons were usuall present and voted there as Members and Judge The same is averred
not to be made up by new Creations but be suffered to diminish as appears by their Patent And yet the very Founder King James I transgressed the first his Rule by creating 203. Charles his next Successor made 455. But King Charles II outdid them both by creating near upon 900 during his Reign At this time there are reckoned above 700 living Sir Nicholas Bacon of Suffolk was the first Baronet created whose Successor is therefore stiled Primus Baronettorum Angliae No Honour is ever to be created between Barons and Baronets As for the other two Degrees of Knighthood they are but Personal and not Hereditary so that the Honour dies with the Person Knighted and descends not to his Son Knights of the Bath are so called from their Bathing the Night before the Creation within the Lists of the Bath The first of this sort were made by Henry IV but now they are usually made at the Coronation of a King or Queen or Creation of a Prince of Wales They wear a Scarlet Ribbon Belt-wise and take place of Knights Batchelours but come after Baronets There are but a few Knights of this Order Knights Batchelours are the lowest sort of Knights and the most common Anciently this Degree was in greater esteem than it is at the present when it was only conferred upon Sword-men for their military Service who from the Gilt Spurs usually put upon them were called in Latine Equites Aurati Whereas now a days this Honour is also bestowed upon Gown-men viz. Lawyers and Physicians And all the Ceremony used in their Creation is their Kneeling down before the King and His Majesties lightly touching them on the shoulder with a naked Sword Anciently there was another Sort of Knights now disused I mean the Knights Bannerets who were Knighted in the Field This Order was accounted very honourable had the precedency of the Knights of the Bath and bore their Arms with Supporters which was not allowed to any under this Degree Next to Knights are the Esquires so called from the French Escuyer this from the Latine Scutiger which Name was given of old to him that attended a Knight in time of War and carried his Shield Whereas Esquire with us is a meer Title of Dignity next to and below a Knight and signifies a Gentleman or one that beareth Arms as a Testimony of his Nobility and Gentry They who by right claim this Title now are all the younger Sons of Noblemen and by the Common Law of England their very eldest Sons are Esquires and no more Next are the Esquires of the King's Body the eldest Sons of Noblemens younger Sons Knights eldest Sons and their elder Sons for ever Next Esquires created by the King by putting about their Necks a Collar of S's and bestowing on them a pair of Silver Spurs Those that are reputed or lookt upon as equal to Esquires tho none of them be really so are several Magistrates and Officers in the King's Court as Judges Sergeants at Law Sheriffs Mayors Justices of the Peace Counsellors at Law and the principal Commanders of an Army So Heads of Houses in the Universities Doctors of Law Physick and Musick usually take place next to Knights and before ordinary Gentlemen Lastly Gentlemen are properly such as are descended of a good Family bearing a Coat of Arms without any particular Title And these we call Gentlemen born But Use has so far stretched the signification of this Word both high and low that every Nobleman nay the King himself may be called a Gentleman And on the other side any one that without a Coat of Arms has either a liberal or genteel Education that looks Gentleman-like whether he be so or not and has wherewithall to live freely and handsomely is by the Courtesy of England usually called a Gentleman Others by their Offices are lookt upon as such particularly most of the King 's Menial Servants and the principal Officers in Noble-mens Families c. The Military Profession which has been always counted Noble seems to give the very meanest Professors of it a Title to this Quality But it is more particularly adapted to two distinct Bodies of the King's Guards the one called Gentlemen Pensioners who gard his Person within Doors and the other the Gentlemâ—n of the Guard by whom is meant his Body of Horse Guards who gard the Kings Person on horseback without Doors As in Germany all Noblemens so in England all Gentlemens Arms descend to all the Sons alike Only the eldest Son bears Arms without difference which the younger may not Besides above 700 Knights Baronets and the few Knights of the Bath there are reckoned to this day above 1400 ordinary Knights and 6000 Esquires and Gentlemen whose younger Brothers in all may make up at least 12000 all over England And the Land in the Possession of them all has been computed to amount at least to four Millions yearly The Law of England which is so Favourable to the Nobility has not a proportionable Regard for the Gentry For whether they be Knights Esquires or Gentlemen they are all reckoned by law even Noblemens Sons amongst the Commons of England So that the eldest Son of a Duke though by the Courtesy of England stiled an Earl shall be Arraigned if charged with a Crime by the Title of Esquire only and tried by a Jury of Common Free-holders In Parliament he can sit only in the House of Commons if elected unless he be called by the King 's Writ to the House of Lords Knights are distinguished in England by the Title of Sir prefixt to their Christen names And Gentlemen have no other Title but that of Master when spoken of and that of Sir when spoken to But if one writes to an Esquire the Direction ought to be thus as To Thomas Whitfield Esquire The Epithet of Honourable is usually given to any Knight Esquire or Gentleman distinguished by some eminent and personal Worth CHAP. XXI Of the Commonalty of England BY the Commonalty I mean Yeomen Merchants Artificers Tradesmen Mariners and all others getting their Livelyhood after a Mechanick Way Yeomen are such amongst the Commonalty who having Land of their own to a good value Keep it in their own hands husband it themselves and live with their Families upon it They are therefore by the Law called Freeholders because they hold Lands or Tenements Inheritable by a perpetual Right to them and their Heirs for ever Their Number is great in England and many of them have Estates fit for Gentlemen Forty or Fifty pounds a Year is veâ—â—â—ordinary 100 or 200 l. a Year in some Counties is not rare in Kent there are those who have 1000 l. and some more per Annum Which is not easy to be found amongst Men of this Rank any where else in Europe And whereas Husbandry is commonly lookt upon as the most innocent Life and the freest from the Corruption and Cheats that attend other Professions therefore the Law of England has a better
and then Execution follows And for Criminal Causes they are here tried by Accusation as when one takes upon him to prove the Crime Or by Denunciation when the Church-Wardens present and are not bound to prove because it is presumed they do it without malice and that the Crime is notorious CHAP. XIV Of the Courts of London and first of the Mayor's Court the Court of Aldermen the Common Council Court the Hustings the Court of Goal-Delivery the Two Sheriffs and the Chamberlain's Courts THE City of London is amongst other Things so remarkable for her transcendent Priviledges in Keeping her own Courts of Justice that it will not be improper to describe 'em here I begin with the Lord Mayor's Court which is a Court of Record held in the Chamber of Guildhall The Recorder of the City is Judge of this Court but the Lord Mayor and Aldermen may sit as Judges with him if they please In this Court all manner of Actions may be entred and tried by a Jury as in other Courts for any Debt Trespass or other Matter whatsoever arising within the Liberties of London and to any value There are only four Attorneys belonging to it and six Serjeants at Mace one of them constantly attending at the Lord Mayor's House and the rest at the Attorneys Offices The Charge of entring an Action in this Court is but 4 d. besides the King's Duty It may be brought to a Trial for 30 s. Charge and in 14 Days time the Day for Trials being every Tuesday An Action entred in this Court will remain in force for ever although no Proceedings be had thereupon Whereas an Action entred at either of the Compters dies and may be crossed after 16 Weeks The Advantages of making Attachments in this Court are considerable as you may see in the Book called Lex Londinensis or the City Law The Court of Aldermen is a Court of Record held in the Inner Chamber of Guildhall every Tuesday and Thursday except Holy-days and in the Time of Sessions of Goal-Delivery This Court does constantly appoint the Assize of Bread determines all Matters touching Lights Water-courses and Party-Walls and here must be sealed all Bonds and Leases that pass under the City-Seal Several Places are in the Gift of the Lord Mayor and this Court Viz. The Recorder Sword-bearer Four City Counsel a City Remembrancer the Common Hunt Water-Bayliff Cities Sollicitor Comptroller of the Chamber two Secondaries Four Attorneys of the Lord Mayor's Court Clerk of the Chamber Hall-Keeper Three Sergeant Carvers Three Sergeants of the Chamber Sergeant of the Channel Yeomen of the Chamber Four Yeomen of the Water-side Yeoman of the Channel Under Water-Bayliff 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 Protonotaries 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 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 Bayliff of Southwark and Bayliff of the Hundred of Ossulston There are other Places in the gift of the Mayor Aldermen and Sheriffs as the City-Carpenter and other Artificers But the Rent-Gatherer has been put in by Mr. Chamberlain If any Officer says Lex Londinensis shall misbehave 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 The Court of Common Council consists of two Orders as the Parliament of England viz. the Lord Mayor and Aldermen which represent the House of Lords and the Common Council Men which represent the House of Commons whose Number amounts to 231 belonging to their respective Wards whereof some have more some less This Court is held in the Chamber of Guildhall at such Times as the Lord Mayor appoints and directs being in his Lordships power to call and dismiss this Court at his pleasure Several Committees are annually appointed and elected by this Court for the better and more speedy Dispatch of the City-Affairs who make Report to this Court of their Proceedings as Occasion requires Viz. a Committee of 6 Aldermen and 12 Commoners for letting and demising the Cities Lands and Tenements who usually meet every Wednesday in the Afternoon at Guildhall for that purpose A Committee of 4 Aldermen and 8 Commoners to let and dispose of the Lands and Tenements given by Sir Tho. Gresham who usually meet at Mercer's Hall at such Times as the Lord Mayor for the time being directs and appoints and the Lord Mayor himself is commonly chosen one of this Committee This Court does also annually elect Commissioners for the Sewers and Pavements And by this Court are annually elected a Governour Deputy-Governour and Assistants for the Management of the Cities Lands in Ulster in Ireland A Stranger born may be made free of this City by Order of this Court and not otherwise The Places of Common Serjeant Town-Clerk and Common Crier are in the Gift of this Court. The Judges of the Sheriffs Court have sometimes been elected by this Court and sometimes by the Court of Aldermen The Hustings is a very ancient Court of Record always held in Guildhall and commonly every Tuesday before the Lord Mayor and Sheriffs of London for the time being When any Matter is to be argued or tried in this Court Mr. Recorder sits as Judge with the Lord Mayor and Sheriffs and gives Rules and Judgement therein And though the Original Writ be directed to the Mayor and Sheriffs joyntly yet these by Commandment of the Lord Mayor are Ministers to execute all Process out of this Court In this Court Deeds may be Inrolled Recoveries passed Wills proved and Replevins Writs of Error Right Patent Waste Partition and Dower may be determined for any Matters within the City of London and the Liberties thereof The Attorneys of the Lord Mayor's Court are Attorneys also in this Court and the second Attorney is always Clerk of the Inrollments and Inrolls all Deeds brought for that purpose Now a Deed Inrolled in the Hustings is counted as good as a Fine at Common Law for that it bars the Wife from claiming her Dower In this Court also the Burgesses to serve for the City in Parliament are elected by the Livery-men of the respective Companies which is done after this manner in the presence of the Court. First the Lord Mayor and Aldermen are put up according to ancient Custom for Candidates and after them are usually nominated four Commoners And out of them all the four that have the plurality of Voices are declared by the Sheriffs to be duly chosen But if there be any Contest about the Election it is usually decided by a Poll. The
become bound to bring in an Inventory the Court of Aldermen have power to send him to Newgate there to remain till â—he submit and the Courts at Westminster will not release such Person After the Bond given the Executor must procure 4 Freemen to appraise the Testator's Goods In order to which he must cause them to appear before a Justice of Peace in London and take their Oaths that they shall make a just and true Valuation and Appraisement of the Goods and Chattels of the Deceased according to the best of their Judgements and Skills When the Appraisement is to be made the Common Crier is to have notice of it before-hand being appointed by the Court of Aldermen to see the same be fairly done and to the best advantage of the Orphan And unless the Common Crier or his Deputy be present and the Inventory signed by the Common Crier the Court of Aldermen will not allow thereof The Appraisement being made as aforesaid and signed by the Common Crier and the Appraisers it must be given to the Common Sergeant of the City or one of his Clerks at his Office in Guildhall-Yard he being the only Person intrusted by the Court of Aldermen to take all Inventories and Accounts of Freement Estates If he approves thereof he will cause it to be Ingrossed and a Duplicate of it to be made for the Executor or Administrator And when the same is examined by him and his hand set thereto in testimony thereof the Executor or Administrator must in the Court of Aldermen swear the same Inventory to be a true Inventory of the Goods and Chattels of the Party deceased according to the best of his Knowledge When the Inventory is so exhibited the Executor must become bound in a considerable Penalty either to bring in the Mony that shall appear due to the Orphans by the Inventory or within two Months to give good Security to pay the same into the Chamber of London for the Use of the Orphans when they shall come to Age or be married If the Executor pay the Mony into the Chamber of London the Court of Aldermen usually allow five per Cent Interest for so much Mony of the Testator's Estate as is due to the Orphans by the Custom of London so as the same exceed not 500 l and for Legacy-mony 3 l. 6 s. 8. d. per Cent. But if the Executor shall not think fit to pay the Mony into the Chamber he must become bound with 3 Sureties to the Chamberlain of London for the time being in one or more Recognizances or else by Bond to pay the Mony due to Orphans And in case the Security live within the Liberties of London they must be bound by Bond. Now as to Recognizances the Custom is never to make any touching Orphans of greater Penalty than 400 l. and not for the Payment of above 300. Therefore if the Sum for Example be 900 l. the Security must become bound by 3 Recognizances each for the Payment of 300 l. If a Freeman leaves Lands and Tenements to his Children the Executor must become bound with Sureties to account for the Rents and Profits thereof The Securities must take particular care that â—one of the Orphans marry or be put Apprenâ—ice with their Consents without the Leave of the Court of Aldermen first obtained for that â—urpose And as the Orphan comes to be of the Age of 21 Years or to be married with the Consent of the Court of Aldermen the Securities must take care to bring him to Guildhall with a person to prove his Age. Then the Orphan must acknowledge satisfaction for the Mony due to him or her of the Testator's Estate which must be done in the Court of Aldermen And upon Motion made by Mr. Common Sergeant the Court does order that all Bonds entered into for the Payment of such Orphan's 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 The Chamber of London is counted the safest and best Security in or about London 〈◊〉 the Moneys paid therein to the Use of the City or any Orphan being constantly repaid upon Demand without any trouble And when Orphans come to Age or be married with the Consent and Approbation of the Couâ— of Aldermen they may receive their Portion if paid into the Chamber at an hours notice though the Sum be 10000 l. or more Mâ— Chamberlain and his Clerks attending daily 〈◊〉 that purpose The finding or Interest Mony is constantly paid as it becomes due and the Court haâ— always taken great Care that every Orphaâ— shall receive his or her Portion out of the Chamber of London without paying any other or greater Fees than has been paid timâ— out of mind The Custody of Orphans is committed by the Court of Aldermen to such Person or Persons as they think fit And if any Person whatsoever do intermarry with any Orphaâ— without Leave of the said Court such Persoâ— may be fined by that Court according to the quality and portion of the Orphan And unâ—â— less such Person do pay the Fine or give Bonâ— to pay the same in some reasonable Timâ— though he shall have ten times a better Estate 〈◊〉 the Orphan he intermarries yet the Court may commit him to Newgate there to remain â—â—til the Fine be paid But if he settle an Estate upon the Orphan as the Court shall diâ—â—ct and make application to the Court â—â—y Petition to have the Fine remitted they â—ill in probability shew favour to such Perâ—on as they have done in the like Caâ—s The Lord Mayor Aldermen and Commons of the City of London in Common Council â—ave made several good Acts and Orders to preâ—ent Freemens Children from Marrying without the Consent of their Parents and Guardians â—nd to keep them from vicious Courses More â—articularly an Act of Common Council called Judds Law made in the Mayoralty of Sir Andrew Judd Knight in the Fifth year of King â—dward VI. Which Law though unrepealed the Lord Mayor and Aldermen have sometimes for special Reasons thought fit to dispense with in favour of Orphans that have â—ought Relief against the Penalties therein mentioned By the Custom of London a Freemans Wiâ—ow may require a third part of his Personal â—state after his Debts paid and Funeral Charâ—es discharged besides her Widows Chamber â—mished and his Children may require anoâ—er third part thereof The other third part â—f his Estate he may by his last Will give away â—ther to his Wife or any of his Children or â—ny other Person whatsoever But if he die â—thout Issue his Widow may require a Moity â—f his personal Estate after Debts paid together â—ith her Widows Chamber furnished And 〈◊〉 a Freeman make his Will contrary to this Custom and give away more than a third of his Estate from his Wife and Children they may be relieved against such Will by exhibiting their Bill in this Court