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A48299 Lex Londinensis, or, The city law shewing the powers, customs, and practice of all the several courts belonging to the famous city of London ... : together with several acts of Common Councel, very useful and necessary to be known by all merchants, citizens, and freemen of the said city : and also, a method for the ministers within the said city to recover their tithes : with a table to the whole book. City of London (England). Court of Common Council. 1680 (1680) Wing L1858; ESTC R2792 111,597 280

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decaying growing into poverty or insufficiency in Estate or Estates as aforesaid And lastly if the said S. D. c. or any of them do yearly appear before the Major and Aldermen of the City aforesaid for the time being in the Chamber of the Guildhall of the same City on Munday next after Midlent Sunday That then c. or else c. The Lord Major and Court of Aldermen do meet at Guildhall and sit in the Orphants Court there once in every year viz. on the Munday morning after Midlent Sunday purposely to hear the Names of all the Securities that stand bound for Orphants Portions called over and therefore that day is termed Call-day upon which day one of every of the Sureties ought to appear to give an account whether the other Securities are living and in good condition and whether the Orphants are living and married If none of the Security appear upon that day they forfeit their Recognizances and Bonds and the Clerk of the Orphants in such case must make out Process against the Security and force them to give the Accompt above required and pay the Charges of the Process The Security must take particular care that none of the Orphans marry or be put Apprentice with their consents without the leave of the Court of Aldermen first obtained for that purpose And as the Orphans come to be of the age of One and twenty years or shall be married with the consent of the Court of Aldermen they must take care to bring them to Guildhall with a person to prove the age of such Orphan and then the Orphan must acknowledge satisfaction for the Money due to him or her of the Testators Estate which must be done in the Court of Aldermen but one of Mr. Common Sergeant's Clerks must first draw up a Note to this or the like effect J. B. Parish-Clark and Register of All-hallows Lumberstreet London is come to prove unto this Honourable Court upon his Corporal Oath That R. B. one of the Sons and late Orphans of R. B. late Citizen and Mercer of London deceased is of the full Age of 21 years And the said R. B. the Son is come to acknowledge satisfaction to this Honourable Court for 500 l. growing due unto him for his own part and portion of the Goods Chattels Rights and Credits of the said R. B. his late Father deceased by the Laws and Customs of the City of London If a Freeman leaves Lands and Tenements to his Children the Executor must become bound with Sureties to accompt for the Rents and Profits of such Lands with Condition as followeth The Condition of a Bond to Accompt for Rents c. THe Condition of this Obligation is such That whereas A. W. Executor of the last Will and Testament of J. W. late Citizen and Skinner of London deceased is by order of the Court of Orphans holden before the Major and Aldermen of the City of London appointed to receive the Rents Issues and Profits of certain Lands Messuages and Tenements in the Parish of B. in the County of M. which are bequeathed to R. the Son and Orphan of the said J. W. in and by the last Will of the said J. W. when the said Orphan shall attain the Age of 21 years If therefore the said A. W. her Executors or Administrators do and shall from time to time and at all times hereafter until the said Orphan shall attain the Age of 21 years well and truly pay or cause to be paid the yearly Rent of 10 l. reserved in the Grants or Leases of the same Lands and Messuages according to the Covenants of the same Leases And also do until the said Orphan shall attain the aforesaid Age keep and maintain the said Messuages and every of them in good repair And do and shall convey assign and assure unto the said Orphan when he shall attain the full Age of 21 years the same Lands and Messuages and every of them discharged and freed from all Rent or Rents in the said Leases or Grants reserved and from all and all manner of Forfeitures and Rentries and well and sufficiently repaired and sustained And if the said A. W. her Executors or Administrators shall not do any act or acts thing or things whereby the said Orphan shall not enjoy the said Land and Messuages at the said Age of 21 years without incumbrances from her them or any of them That then c. or else c. WHen any Orphan is of full Age and shall acknowledge satisfaction in the Court of Aldermen for all Moneys due to him or her The same Court upon motion made by Mr. Common Sergeant doth constantly order That all Bonds entered into for the payment of such Orphans Portion shall be delivered up and cancelled and if the Security became bound by Recognizances the Clerk of the Orphans will cross and discharge such Recognizances for which his Fee is 2 s. upon each Recognizance The Chamber of London is accounted the safest and best Security in or about London for the Moneys paid therein to the use of the City or any Orphan is constantly repaid upon demand without any trouble And when Orphans come to Age or be married with the consent approbation of the Court of Aldermen they may receive their Portions if paid into the Chamber at an hours notice although the sum shall be Ten thousand pounds or more Mr. Chamberlain or his Clerks attending daily for that purpose The Interest or finding Money is constantly paid as it becomes due and the Court hath always taken great care that every Orphan shall receive his and her Portions out of the Chamber of London without paying any other or greater Fees then hath been anciently taken and if any Officer exact or take any other Fees the Parties will upon their application and evidence of the Fact to the Court of Aldermen have remedy and all just relief against the Offenders Mr. Common Sergeant keeps his Office in Guildhall-yard near St. Lawrence's Church and constantly attends to dispatch all persons that are concerned for Orphans and will not permit any Fees to be taken for any business to be done by virtue of his Office more then hath been paid time out of mind and if any of his Clerks exact any greater Fees he will upon complaint cause satisfaction to be given to the Party grieved The Widow of every Freeman if she shall be Executrix or Administratrix of her Husbands Estate ought by the Custom of London to exhibit a true Inventory of her Husbands Estate into this Court before she contract Marriage otherwise the Court of Aldermen may impose a reasonable Fine upon such Executrix or Administratrix to the use of the Orphans of such Freeman To prevent abuses that sometimes happen to Freemens Estates in prejudice of Orphans by Executrixes and Administratrixes not giving an Inventory in due time after the Testator's decease The Court of Aldermen have made an Order not to allow any finding Money or
the Premisses being thereunto required To the intent therefore that the said E. B. may set forth a true perfect and exact Inventory and Accompt of all and every of the Goods Chattels Leases ready Money Plate Houshold-stuff Debts due by Specialties and otherwise and other the said personal Estate whereof the said J. B. died possessed or was any ways interessed in at the time of his death and the true and particular values of the same and how much the said personal Estate doth amount unto And that he may set forth all and every the Particulars of the same Estate that within two months before the death of the said Testator or at any time since hath come to the hands custody or possession of him the said E. B. or of any other person or persons by or with his knowledge privity or consent and of whom and where the same are and the particular values of them also and all and every the Debts Sum and Sums of Money that he the said E. B. or his order hath had or received that were owing or belonging to the said Testator at his death or to his said Estate since his death And may also set forth whether the said Testator or order did not in his life time deliver unto him the said E. B. the Sum of 100 l. or some other Sum of Money and how long before his death and to what use or purpose Whether it was not in trust that he the said E. B. should therewith pay and discharge such Sums of Money or Debts or some of them that he the said Testator did then owe and how and to whom he the said E. B. did pay or dispose of the same or any part thereof in the said Testator's life time and how much thereof did remain at the death of the said Testator indisposed of And whether there remained any Debt or Debts due by the said Testator at the time of his death unsatisfied and may declare the particulars of the same Debts and the Names Sirnames and Places of abode of all and every the persons to whom the same were respectively due And may also declare how much the one Moiety or one half part of the said Testator's clear personal Estate whereof he died possessed or was interessed any ways in at the time of his death doth amount unto And may set forth a particular of all and every the Bonds Bills Leases Books of Accompts and other Accompts Papers and Writings of and belonging to and concerning the said Testator and his Estate that hath come to his hands custody or knowledge and the respective Contentts of the same And may answer all and singular other the Premisses and your Orator be therein relieved according to Equity May it please your Lordship and Worships of your accustomed goodness to cause the said E. B. to be warned c. to Answer the Premisses upon his Corporal Oath And that he may be enjoyned to perform and abide such Order and Decree in and touching the Premisses as to your Lordship and Worships upon hearing the Cause shall seem meet And your Orator shall pray c. THE Hustings Court THE Court of Hustings is a very ancient Court of Record and is always held in Guildhall before the Lord Major and Sheriffs of London for the time being and when any matter is to be argued or tried in this Court Mr. Recorder sits as Judge with the Lord Major and Sheriffs and gives Rules and Judgment therein This Court is recorded to be held upon Mondays but it is usually held every Tuesday and if Tuesday happen to be a Holy-day then there is no Court held for that reason But a Court is always held although Monday be a Holy-day except at the particular times hereafter mentioned There is Hustings of Pleas of Land and Hustings of Common Pleas the Titles of which Courts for this present year and the times when there is not nor cannot be any Court held are as followeth Jan. 12. 1678 9. Pl'ita terre tent ' in Hustingo in Guihald ' London die Lune prox ' post Festum Epiphanie Dni ' Anno Regni Caroli Scdi ' c. Tricesimo primo 19. Co'ia Pl'ita tent ' c. die Lune in Festo Sci ' Wolstani Epi ' 26. Pl'ita terre tent ' c. die Lune prox ' ante Festum Converc'onis Sci ' Pauli Febr. 2. Co'ia Pli'ta tent ' c. die Lune prox ' post Festum Sce ' Agathe Virginis 9. Pl'ita terre tent ' c. die Lune prox ' ante Festum Sci ' Valentini Epi ' Martyris 16. Co'ia Pl'ita tent ' c. die Lune prox ' post Festum Sci ' Valentini Epi ' Martyris 23. Pl'ita terre nulla Quia dies Martis fuit Festum Carnis privij Mar. 1. Co'ia Pl'ita tent ' c. die Lune prox ' post Festum Sci ' Mathei Apostoli 8. Pl'ita terre tent ' c. die Lune prox ' ante Festum Sci ' Gregorij Epi ' 15. Co'ia Pl'ita tent ' c. die Lune prox ' post Festum Sci ' Gregorij Epi ' 22. Pl'ita terre tent ' c. die Lune prox ' ante Festum Annuntiac'onis Beate Marie Virginis 29. Co'ia Pl'ita nulla Quia post Dominicam in Passione April 5. 1680. Pl'ita terre nulla Quia post Dominicam in Ramis Palmar ' 12. Co'ia Pl'ita nulla Quia in Hebdomada Pasche 19. Pl'ita terre tent c. die Lune prox ' ante Festum Sci ' Georgij Matyris 26. Co'ia Pl'ita tem ' c. die Lune prox ' post Festum Sci ' Marci Evangeliste May 3. Pl'ita terre tent ' c. die Lune prox ' post Festum Apostolor ' Philippi Jacobi 10. Co'ia Pl'ita tent ' c. die Lune prox ' post Festum Sci ' Johannis ante Portam Latinam 17. Pl'ita terre nulla Quia Hebdomada Rogac'onis 24. Co'ia Pl'ito tent ' c. die Lune prox ' post Festum Sci ' Dunstani Archiepiscopi 31. Pl'ita terre nulla Quia Hebdomada Pentecostes June 7. Co'ia Pl'ita tent ' c. die Lune prox ' ante Festum Sci ' Barnabe Apostoli 14. Pl'ita terre tent ' c. die Lune prox ' post Festum Sci ' Barnabe Apostoli 21. Co'ia Pl'ita tent ' c. die Lune prox ' ante Festum Sci ' Joh'is Baptiste 28. Pl'ita terre nulla Quia dies Martis fuit Festum Apostolor ' Petri Pauli July 5. Co'ia Pl'ita tent ' c. die Lune prox ' post Festum Visitac'onis Beate Marie Virginis 12. Pl'ita terre tent ' c. die Lune prox ' post Festum Sci ' Benedicti Abbatis 19. Co'ia Pl'ita tent ' c. die Lune prox ' ante Festum Sancte Margarette Virginis 26. Pl'ita terre tent ' c. die Lune prox ' post Festum Sci ' Jacobi Apostoli Aug. 2. Co'ia Pl'ita nulla Quia null ' Hustingum tenetur à primo die Augusti usque
Major and Sheriffs jointly Writs of Right are made as followeth in these words CAROLVS Secundus Dei gratia Angl ' Scotie Francie Hibernie Rex Fidei Defensor ' c. Majori Vicecomibus London salutem Precipimus vobis quod sine dil'one plenum rectum teneatis R. B. de septem Messuagiis cum pertinentiis in London que clamat tenere de nobis per liberum servitium unius denar ' per annum pro omni servitio que J. B. ei deforc ' Ne amplius inde clamore audiamus pro defectu recti Teste meipso apud Westmonasterium die Anno Regni nostri Tricesimosecundo Which Writs have this Process by Custom of the City viz. the Tenants shall have three Summons at three several Hustings and three Essoigns The Summons are after this manner Per Majorem Vi● ' London PRecipimus vobis quod summon ' primo per bonos summonitor ' J. B. quod sit hic ad prox ' Hustingum London de pl'itis terre in Guihald ' Civitatis pred' tenend ' c. ad respondendum R. B. in pl'ito terre c. Et habeatis tunc ibidem nomina illorum per quos c. Et hoc preceptum c. Dat' apud Guihald ' Civitatis pred' die Anno c. After the Sheriff hath returned all the Summons three Essoigns are allowed and after that a View if desired The Essoign is recorded after this manner Pl'ita terre tent ' c. AD hunc Hustingum J. B. essoin ' est primo versus R. B. in pl'ito terre c. per Johannem Auncient ' Ric'um Custome secundum consuetud ' c. Election of Burgesses and other Officers IN this Court the Burgesses to serve for the City in Parliament must be Elected by the Livery-men of the respective Companies Upon every Michaelmas day it is the Custom to choose a Lord Major for the Year following and the useage is to put all those Gentlemen in nomination that are Aldermen under the Chair who have held the Office of Sheriff The Commons must choose two and retorn their Names to the Lord Major and Aldermen who elect which of the two they think most fit to hold the place and signifie their choice to the Commons And the Person so elected must be presented to the Lord Chancellor and afterwards must be sworn at Guildhall on St. Simon and Judes day and the day after at the Exchequer Upon Midsomer day the Livery-men of the respective Companies do choose Sheriffs But my Lord Major by his Prerogative may drink to any Citizen and nominate him to be one of the Sheriffs and the usage hath been for the Commons to confirm such Person and to elect another to serve with him And after the Sheriffs are elected the Commons choose two Auditors for the Chamber and Bridge-house Accompts a Chamberlain two Bridgmasters and four Ale-Conners Note That the Sheriffs are Judges of the Elections and do declare by Mr. Common Sergeant who are the Persons elected After the Sheriffs are so elected they take an Oath at Guildhall upon Michaelmas-Eve and the day after Michaelmas day must be presented to the Barons of the Exchequer and when they are sworn it is not in the power of the Commons to remove them at their pleasure The Chamberlain and Bridge-Masters after Election take the usual Oath before the Lord Major and Court of Aldermen THE COURT OF Common Councel THis Court is held in the Chamber of Guildhall before the Lord Major Aldermen and Common Councel-men of the City of London at such times as the Lord Major shall appoint and direct it being in his Lordships power to call and dismiss this Court at his pleasure Several Committees are Annually appointed and elected by this Court for the better and more speedy dispatch of the Cities Affairs who make report to this Court of their doings and proceedings as occasion requires viz. 1. A Committee of six Aldermen and twelve Commoners for letting and demising the Cities Lands and Tenements who usually meet every Wednesday in the Afternoon at Guildhall for that purpose 2. A Committee of four Aldermen and eight Commoners to let and dispose of the Lands and Tenements given by Sir Thomas Gresham who usually meet at Mercers-Hall at such times as the Lord Major for the time being directs and appoints It being the Custom to elect the Lord Major one of this Committee 3. This Court doth also Annually elect Commissioners for the Sewers and Pavements 4. This Court doth also Annually elect a a Governour Deputy-Governour and Assistants for management of the Cities Lands in Vlster in Ireland pursuant to the King's Charter which is as followeth viz. WE will also and by these presents for Vs our Heirs and Successors do grant constitute and ordain That the aforesaid Society of the Governor and Assistants of London of the New Plantation in Ulster within the Realm of Ireland for ever hereafter shall be yearly elected and appointed by the Major Aldermen and Commonalty of the said City of London at the first Common Councel to be holden in the same City of London next after the Feast of the Purification of the blessed Virgin Mary at which time the Deputy of the Governor and twelve of the same persons which have been Assistants for the Year precedent shall be removed from their Office and one other Deputy and twelve other Assistants shall be of new named supplied and appointed into the places of the same Deputy and Assistants so as aforesaid to be removed for the help of the Governor and Assistants not removed for One year next following And that at the end of that year then next following such former Assistants which continued in the same Office in that year then preceeding shall be then likewise removed and others shall be likewise of new named supplied elected and appointed into their places and so by an interchangeable course so that twelve of the same Assistants shall be and continue in their places during the tearm of Two Years And further We will ordain and constitute for Vs our Heirs and Successors That at a Common Councel in the aforesaid City of London next after the Feast of the Purification of the blessed Virgin Mary next after the date of these Presents the nomination and election of the aforesaid Governor Deputy and Assistants be shall be and shall be made in form aforesaid and so from thenceforth yearly from time to time for ever A Stranger born may be made Free of this City by Order of this Court and not otherwise The several Places of Common Sergeant Town-Clerk and Common Crier are in the Gift of this Court The Judges of the Sheriffs Courts have sometimes been elected by this Court and sometimes by the Court of Aldermen After the Death of John White late Clerk of the Court of Requests commonly called the Court of Conscience in London this Court did elect and choose Major Gunstone Clerk in his stead but Mr. White
Relief of such poor Debtors and more perfect establishing of the said Court there was made and provided and Act entituled An Act for recovery of small Debts and relieving of poor Debtors in London And whereas since the making of the said Act divers persons intending to subvert the good and charitable intent of the same and taking hold of some doubtful and ambiguous words therein do wrest the same for their own lucre and gain to the avoiding the Iurisdiction of the said Court contrary to the godly meaning of the said Act. For the Remedy whereof and to the intent that some more full and ample provision may be made for the Relief of such poor Debtor Be it enacted by Authority of this present Parliament That every Citizen and Freeman of the City of London and every other person and persons inhabiting or that shall inhabit within the said City or the Liberties thereof being a Tradesman Victualler or a Labouring man which now have or hereafter shall have any Debt or Debts owing unto him or them not amounting to Forty shillings by any Citizen or by any other person or persons being a Victualler Tradesman or Labouring man inhabiting or that shall inhabit within the said City or the Liberties thereof shall or may cause such Debtor or Debtors to be warned or summoned by the Beadle or Officer of the said Court of Requests for the time being by writing to be left at the dwelling house of such Debtor or Debtors or by any other reasonable warning or notice to be given to the said Debtor or Debt rs to appear before the Commissioners of the said Court of Requests holden in the Guildhall of the said City And that the said Commissioners or any three of them or more shall have power and authority by virtue of this Act from time to time to set down such Order or Orders between such party or parties Plaintiffs and his or their such Debtor or Debtors Defendants touching such Debts not amounting to the value of Forty shillings in question before them as they shall find to stand with Equity and good Conscience All such their Order or Orders to be registred in a Book as they have been accustomed and as well the party Plaintiff as the Debtor or Defendant to observe perform and keep the same in all points And that for the more due proceeding herein it shall be lawful for the same Commissioners or any three or more of them to minister an Oath to the Plaintiff or Defendant and also to such Witnesses as shall be produced on each party if the same Commissioners or any three of them or more shall so think it meet And be it further Enacted by the Authority aforesaid That if in any Action of Debt or Action upon the Case upon any Assumpsit for the Recovery of any Debt to be sued or prosecuted against any the person or persons aforesaid in any of the King's Courts at Westminster or elsewhere out of the said Court of Requests it shall appear to the Iudge or Iudges of the Court where such Action shall be sued or prosecuted that the Debt to be recovered by the Plaintiff in such Action doth not amount to the sum of Forty shillings and the Defendant in such Action shall duly prove either by sufficient Testimony or by his own Oath to be allowed by any the Iudge or Iudges of the said Court where such Action shall depend that at the time of the commencing of such Action such Defendant was inhabiting and resident in the City of London or the Liberties thereof as above That in such case the said Iudge or Iudges shall not allow to the said Plaintiff any Costs of Suit but shall award that the same Plaintiff shall pay so much ordinary Costs to the party Defendant as such Defendant shall justly prove before the said Iudge or Iudges it hath truly cost him in defence of the said Suit And be it further Enacted That if any such Plaintiff or Creditor Defendant or Debtor after warning given to him or them in manner and form before in this Art mentioned by the said Officer of the said Court of Requests shall without some just or reasonable cause of Excuse refuse to appear in the said Court before the said Commissioners or shall not perform such order as the said Commissioners or any three or more of them shall set down or concerning such Debts as aforesaid That then it shall be lawful for the said Court or any other of the Sergeants at Mace of the said City by Order of the said Commissioners or any three or more of them to commit such party or parties to prison into one of the Counters of the said City there to remain until he or they shall perform the order of the said Commissioners in that behalf Provided always That this Act or any thing therein contained shall not extend to any Debt for any Rent upon any Lease of Lands or Tenements or any other real Contracts nor to any other Debt that shall arise by reason of any cause concerning a Testament or Matrimony or any thing concerning or properly belonging to the Ecclesiastical Court albeit the same shall be under Forty shillings Any thing before contained to the contrary in any wise notwithstanding THe Lord Major and Court of Aldermen do monthly assign such Aldermen and Commons to sit as Commissioners in the said Court as they think fit And the same persons or any three of them make a Court and do sit in Guildhall every Wednesday and Saturday in the Forenoon to hear and determine such Causes as come before them A Cause may be brought and determined in this Court for 10 d. Charge viz. Six pence for the Plaint and the Summons and 4 d. for the Order But if the Defendant do not appear the second Court day after Summons an Attachment will be awarded against him which will compel him to appear and encrease the Charge If any Citizen shall be arrested for a Debt under 40 s. this Court will grant a Summons for the Plaintiff in the Action and if he appear not the first Court day after the Summons left at his House will grant an Attachment against him and force him to take his Debt and pay the Defendant his Costs And if any Attorney in London shall presume to go on in any such Suit after notice to the contrary or shall refuse to obey the Order of this Court upon Complaint thereof made to the Court of Aldermen they will suspend such person In the Majoralty of Sir Craven an Attorney in the Sheriffs Court was sent for by the Commissioners sitting in this Court and he refusing to come before them they made Complaint to the Court of Aldermen who thereupon made an Order as followeth Craven Major Jovis 24º die Januarij Anno Domini 1610. Annoque Regis Jacobi Angl ' c. octavo THis day Sir John Jolls Knight and Alderman of this City did declare unto this Court That he and