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
Commune Concilium tent ' primo die Augusti Annis Philippi Mariae tertio quarto Coram Willielmo Garrard Mil ' Major c. WHere by the ancient laudable Laws Liberties and Franchises of this Noble City of London no person or persons should be willingly suffered to exercise use or occupy any Manual Occupation or Handicraft within the said City or Liberties thereof unless he or they were free of the same City or Apprentice or Apprentices with some that be free of the same City the which said ancient Laws Franchises and Liberties notwithstanding divers Artificers and Handy-crafts-men being Freemen of this City not regarding or esteeming the said Laws Liberties Customs and Franchises nor the Oath that they have taken to the said City at such time as they were made Free so the maintenance and advancement of the same City have now of late not only willingly suffered hired and set on work within the said City and Liberties thereof divers Forreigners from the Liberties of the same City in divers and sundry Handycraft and Manual Occupations but also have refused to take and set a work in the said Manual Occupations or Handycrafts the honest poor Citizens and Freemen of the same City to the great hindrance loss and prejudice of the said poor Citizens and to the utter undoing of a great number of the said poor Handycrafts-men being Citizens and Freemen of the said City and also of their poor Wives and Children for ever unless some speedy remedy be herein provided For reformation whereof be it enacted ordained and established by the Lord Major Aldermen and Commons in this present Common Councel assembled and by the Authority of the same That no person or persons now being Free of this City of London or that hereafter shall be Free of the same shall after the Feast of St. Michael the Archangel now next coming by any colour ways or means set at work in any Manual Occupation or Handycraft within the said City the Liberties or Suburbs thereof any manner of Forreigner from the Liberties of the said City upon pain of forfeiture of Five pounds of currant Money of England for every time that every such person or persons shall offend or commit or do any thing contrary to the purport true intent and meaning of this present Act. All and singular which Penalties and Forfeitures above and by this present Act limited and appointed shall be divided into three equal parts whereof the one to the use of the Major and Commonalty and Citizens of the said City for the time being and one other part thereof to be to those of the first presenters of the same Offence and the third part thereof to be to those of the Company or Fellowship that every such Offenders shall be free of and that all and every such Penalty and Penalties and Forfeitures shall be recovered as well upon the proper confession of the same Offence made by the same Offender or Offenders themselves before the Lord Major and Court of Aldermen for the time being as also upon good and sufficient proof thereof to be made by the Witnesses before the said Lord Major and Court of Aldermen for the time being or by Bill or Plaint of Debt to be commenced by any such Informer or Presenter in any of the King Queens Majesties Courts of Record within the said City in the name of the Chamberlin of the said City for the time being wherein no essoin or wager of Law shall be admitted or allowed for the party Defendant And be it also enacted by the Authority aforesaid That it be lawful for the said Lord Major and Aldermen of the said City for the time being upon every confession or proof of any such Offence aforesaid before them made or sufficiently proved to commit every such Offender or Offenders to Ward there to remain without Bail or Mainprise until he or they have fully satisfied or paid the said Forfeiture or Forfeitures and Penalties to the uses aforesaid Provided always that this Act of Common Councel or any thing therein contained shall not in any wise extend to be prejudicial or hurtful to the Masters or Governors of Christ's Hospital and Bridewell or to any other of the Hospitals belonging to the said City for the time being or to any of them for the setting at work either Strangers or Forreigners within the said Houses or any of them neither to the said Strangers or Forreigners that shall so happen to work therein nor to any of them neither to any Freeman or Woman of the same City for having or setting a work any Apprentice or Apprentices at any time hereafter in any Manual Occupation or Handycraft within the said City nor to any such Apprentice or Apprentices that shall so serve that his or their Indenture of Apprenticehood be Inrolled in the Chamberlins Office of the said City according to the ancient Customs of the same City in that behalf used and observed Provided also that this present Act or any thing therein contained shall not extend or be prejudicial or hurtful to any person or persons now being or that hereafter shall be Free of the said City for setting a-work at any time or times any person or persons being Feltmakers Capthickers Carders Spinners Knitters or Brewers or to any person that now keepeth or hereafter shall keep any Brewhouse within the said City or the Liberties thereof for working or using any of the said Crafts or Occupations within the same City or within the Liberties or Suburbs thereof this present Act or any thing therein contained to the contrary in any wise notwithstanding ATTACHMENTS AN Attachment made in this Court will continue in force for ever so that the Plaintiff may proceed thereon at his pleasure Whereas an Attachment made by any of the Sheriffs Officers is not in force longer than sixteen weeks All Attachments are grounded upon Actions of Debt and the manner of entering Attachments is the same as is before-mentioned for Actions And one of the six Officers belonging to this Court must be imployed to make the same The Advantages of making Attachments in this Court are considerable FIrst An Attachment for moneys may be made and condemned in this Court in 5 days time if by consent or if no opposition shall be made and if it be in the Plaintiffs own hands may be finished for 10 s. charge the Officers Fees included And if in a third persons hands may be condemned for 15 s. charge the Officers Fees included Whereas in the Sheriffs Court an Attachment cannot be made and condemned under three weeks time or thereabouts although by consent and the charge is usually above a third part more than is demanded or taken in this Court for condemning an Attcahment Secondly If B. Attaches the Moneys or Goods of W. in the hands of F. in this Court and if F. have no Moneys nor Goods in his hands belonging to W. at the time when the Attachment shall be made and
memory King Henry the Eighth as a course thought fit and agreeable for that time Ordain establish and enact that no manner of person or persons being estrange from the liberties of the said City from thenceforth should hold or keep any open Shop or Shops within the said City or Liberties of the same neither with any Lattice before nor yet without Lattice certain numbers of poor men occupying the Seat of Botchers Tailors and Coblers only except upon pain of Imprisonment and also to forfeit and pay Forty shillings to the use of the Commonalty of this City as often times as he or they should do the contrary And where also the Lord Major Aldermen and Commons of the same City did afterwards the Twentieth day of January in the said Seventeenth year of King Henry the Eighth reciting that whereas a Common Councel holden the Sixteenth day of May in the Seventeenth year of the Reign of King Henry the Eeighth It was ordained and enacted That no manner of person or persons being estrange from the Liberties of this City from thenceforth should hold or keep any Shop or Shops within this City or the Liberties of the same neither with any Lattices before nor yet without any Lattice upon pain of Imprisonment further ordain and establish That if any person or persons being Forreign should hold and keep any open Shop or Shops as is aforesaid he should forfeit for every time so doing Forty shillings to be levied by distress to the use of the Commonalty of the said City by the Chamberlin for the time being or other Officer of this City And also have Imprisonment by direction of the Major and Aldermen for the time being Now forasmuch as divers and sundry Strangers and Forreigners from the Liberties of the said City nothing regarding the said ancient Charters Franchises Customs or Liberties of the said City and Acts and Ordinances heretofore made according to the same but wholly intending their private profit have of late years devised and practised by sinister and subtil means how to defraud and defeat the said Charters Liberties Customs good Grders and Ordinances and to that end do now inwardly in privy and secret places usually and ordinarily shew sell and put to sale their Wares and Merchandizes and use Arts Trade Occupation Mysteries and Handicrafts within the said City and Liberties of the same to the great detriment and hurt of the Freemen of the said City who pay lot and scot bear Offices and undergo other Charges which Strangers and others not Free are not chargeable withal nor will perform For reformation of which disorders and avoiding of such prejudice and damages as thereby groweth to the Freemen of the said City and is now more of late used then was in any time heretofore suffered and to provide for the common profit and good of the Freemen and Citizens of this City It is therefore by the Lord Major and Aldermen and Commons in this Common Councel assembled ordained and established that no person whatsoever not being Free of this City of London shall at any time after the Feast of St. Michael now next ensuing by any colour way or means whatsoever either directly or indirectly by himself or by any other shew sell or put to sale any Wares or Merchandizes whatsoever by Retail within the City of London or the Liberties or Suburbs of the same upon pain to forfeit to the Chamberlin of the City of London for the time being to the use of the Major and Commonalty of the said City the sum of five pounds of lawful money of England for every time wherein such person shall shew sell or put to sale any Wares or Merchandizes by Retail within the said City Liberties or Suburbs thereof contrary to the true intent and meaning thereof And it is further ordained and established That no person whatsoever not being free of the City of London shall at any time after the said Feast of St. Michael now next ensuing by any colour way or means whatsoever directly or indirectly by himself or by any other keep any Shop or other place whatsoever inward or outward for shew sale or putting to sale of any Wares or Merchandizes whatsoever by way of Retail or use any Art Trade Occupation Mystery or Handicraft whatsoever within the said City or the Liberties or Suburbs of the same upon pain to forfeit the sum of Five pounds of lawful money of England for every time wherein such persons shall keep any Shop or other place whatsoever inward or outward for shew sale or putting to sale of any Wares or Merchandizes whatsoever by way of Retail or use any Art Trade Occupation Mystery or Handicraft whatsoever within the said City or Liberty or Suburbs of the same contrary to the true intent and meaning hereof All which pains penalties forfeitures and sums of money to be forfeited by virtue of this Act or Ordinance shall be recorded by Action of Debt Bill Plaint to be prosecuted in the name of the Chamberlin of the City of London for the time being in the Kings Majesties Court to be holden in the Chamber of the Guild-hall of the City of London before the Lord Major and Aldermen of the said City wherein no essoin or wager of Law shall be admitted or allowed for the Defendants And that the Chamberlin of the City for the time being shall in all Suits to be prosecuted by virtue of this Act or Ordinance against any Offender recover the ordinary Costs of Suit to be expended in and about the prosecution thereof And further that one equal third part of all Forfeitures to be recovered by virtue hereof The costs of the Suits for recovery of the same being deducted and avowed shall be after the recovery and receipt thereof paid and delivered to the Treasurer of Christ's Hospital to be imployed towards the relief of the poor Children to be brought up and maintained in the said Hospital and one other equal third part to him or them which shall first give Information of the Offences for which such Forfeitures shall grow and prosecute Suit in the name of the Chamberlin of the said City for recovery of the same any thing in this Act to the contrary notwithstanding Provided always that this Act or Ordinance or any thing herein contained shall not extend to any person or persons for bringing or causing to be brought any Victual to be sold within this City or the Liberties thereof but that they and every of them may sell Victual within the said City and the Liberties thereof as they might lawfully have done at the making hereof any thing herein contained to the contrary in any wise notwithstanding If a Freeman of London shall imploy a Forreigner to work within the City or Liberties he forfeits 5 l. a day and an Action lies against him for the same In like manner pursuant to an Act of Common Councel made in the Majoralty of Sir William Garrard Knight which Act is as followeth
then the said Orphan or Orphans or every of them shall forfeit and lose three shillings for every pound due or to be due unto her or them by virtue of any Orphanage or Custom had or used within the said City one shilling of the said three shillings of every pound to go or to be to the use of the Chamber of the said City in such manner and form as is aforesaid and the other two shillings so forfeited of every pound to go to the use of such other Orphan or Orphans as then shall remain unmarried or else for default of such Orphans or Orphan to remain to the next of the Kindred of the Orphan so offending Also be it further Enacted Ordained and Established by Authority aforesaid for and in discharge of divers Variances Contentions and Suits that daily heretofore have and hereafter may ensue That if a Freeman's child man or woman fortune to be married hereafter in the life time of his or their Father by this consent and not fully advanced of and to his and her full part or portion of his or her said Fathers Goods as he shall be worth at the time of his decease according to the ancient Laws and Customs of the said City That then every such Freemans child so being married in the life time of his or her Father shall be to all intents and purposes disabled to demand any further part or portion of his or her Fathers Goods after the decease of his or her Father but shall be adjudged reputed or taken to be fully advanced according to the Law and Custom of this City and hath been long time out of mind except his or her said Father do mention certainly in the last Will or Testament or by some other writing signed with his own proper name or mark the certainty of the sum or sums Goods or Chattels and the value of them that the Father gave paid or departed withal or otherwise assured or hereafter shall give pay depart withal or otherwise make assurance of unto him or her before at or after the marriage of him or her or otherwise in his life time for and towards their advancement in the name of his or her part or portion and then every such Orphan or Child which after the decease of his or her said Father can bring forth the said Testament or other Writing signed or marked with the Fathers hand or mark wherein the certainty of such Money Goods or Chattels as they gave or shall have received of their said Father or by the same Father assured by Specialty or otherwise shall have as much more of the ready Money Goods Chattels and Debts of the said Father as with that which he or they shall have received towards their advancement in the life of the said Father shall make up a full childs part of his Goods and Chattels as he shall be worth at the time of his decease the same to be demanded asked and claimed or sued for against the Executor or Executors Administrator or Administrators of the Goods and Chattels of the said Father by Bill original to be commenced in our Sovereign Lord the King's Court holden in the utter Chamber of the Guildhall of the said City before the said Lord Major and Aldermen of the same City for the time being any Law or Custom heretofore made or used to the contrary notwithstanding In which Action no wager of Law or Essoin shall be admitted or allowed Provided always and it is further enacted That if any Freemans Son being of full age which shall hereafter be married with the consent of his Father or any other person being of full age which shall hereafter marry any Freemans Daughter do at the time of the Espousals or at any time after confess themselves by writing fully satisfied of his or their portions or do otherwise or discharge the said Father of such Sons or Daughters of all their part and portion due or to be due by the Law and Custom of the City that then every such person so confessing acquitting or otherwise discharging shall be reputed and taken as fully advanced of his or their whole part or portion and shall not be able to demand any further or greater part of the Substance Goods and Chattels of his or her Father this Law or any other Law or Custom heretofore made or used to the contrary notwithstanding And further Forasmuch as it is thought very prejudicial and hurtful to the Fatherless Children and Orphans when the Mother or Mother-in-law being Executor of the last Will and Testament of her late Husband by whom and after whose death the Orphans are entituled to an Orphanage according to the laudable Customs and Ordinances of this City do divers times marry or contract Matrimony some with forreigners and persons unknown and some with Freemen before a just Inventory of the Goods Chattels Plate Iewels and ready Money of the Testators be by them brought in by reason whereof many times they either for fear or affection of their Husbands or for some other sinister cause do bring in very suspicious Inventories omitting therein either ready Money Plate Iewels or Debts or some other thing or things whereby some benefit should redound to the Fatherless children to the great loss and hinderance of the Orphans and sometimes slander to the Lord Major and Aldermen of this City notwithstanding the great care and travel that they take for the good ordering and true answering of the said Orphans It is therefore by like Authority ordained established and enacted That if after the First day of November next ensuing any Widow which is or shall be made Executor of the Testament and last Will of her late Husband being a Freeman or shall take upon her the Administration of the Goods and Chattels of her late Husband being a Freeman do not upon her Oath bring in and exhibit or cause to be brought in or exhibited before the Lord Major and Aldermen of this City for the time being at and in a Court of Aldermen a just and perfect Inventory to their knowledge of all the Goods Chattels Plate and Iewels ready Money and Debts as were her said Husbands at the time of his death appraised according to the Law of the said City before she do ensure herself in marriage or contract marriage or else according to the Laws of the Realm do perfectly solemnize or consummate marriage with any person before such time as aforesaid that then every person so offending shall forfeit and lose eight shillings of every pound of her portion of the Goods of her late Husband due to her by the laudable Customs of the said City the same to go to the use of such Orphan or Orphans as then shall be intituled to have or demand any Orphanage or Portion after the death of his or her late Father the same so demanded asked claimed or sued against such Executor or Administrator and by Bill original of Debt to be commenced in our
Sovereign Lord the King's Court aforesaid any Law or Custom heretofore had made or used to the contrary notwithstanding In which Action no wager of Law or Essoin shall be admitted or allowed THis Law or Act is called Judd's Law and is not repealed but the Lord Major and Aldermen have sometimes for especial reasons thought fit to dispence with the same Act in favour of Orphans that have sought relief against the Penalties therein mentioned By the Custom of London a Freeman's Widow may require a third part of his personal Estate after his Debts paid and Funeral Charges discharged besides her Widows Chamber furnished and his Children may require another third part thereof and the Freeman may by his last Will give away the other third part of his Estate either to his Wife or any of his Children or any other person whatsoever but if he shall have no Children then his Widow may require a Moiety of his personal Estate after Debts paid together with her Widows Chamber furnished And if a Freeman shall make his Will contrary to this Custom and give away more then a third of his Estate from his Wife and Children they may be relieved against such Will by exhibiting their Bill in this Court against the Executor of such Freeman and so much of his Will as shall be contrary to the custom will be declared void and of no effect If a Freeman shall in the time of his last sickness give and deliver any part of his Goods Chattels or Moneys to his Wife or Child or any other person with intent that such person shall keep the same Moneys or Goods to his or her own use Such Gift is against the Custom of London and the Moneys or Goods so given shall be accounted part of the Estate that belonged to such Freeman at the time of his death and may be recovered by Bill in this Court For a Freeman cannot in the time of his sickness whereof he shall dye give away any part of his Estate otherwise then by his last Will. If an unfreeman or any other person shall by his Will give a Legacy to an Orphant the Court of Aldermen may compel the Executor of such unfreeman to pay the Money bequeathed into the Chamber of London or give Bond to pay the same according to the purport of the Will If a Freeman dye without a Will and leave a Wife and Children Administration of his Estate will be granted to his Widow and she will claim a third part of his Estate by the Custom of London and one third must be divided amongst his Children and the other part thereof must be divided between the Wife and Children and usually the Widow is allowed two thirds of the Freemans third part and the Children one third thereof If a Freeman shall give part of his Estate to any of his Children in life time in marriage or otherwise and afterwards die and make a Will and give away his Estate to his other Children and shall declare that the Child he so disposed in marriage had received 500 l. or more of his Estate and was thereby fully advanced such declaration shall not bar the person so married but he or she may recover an equal share with the other Children of the personal Estate that belonged to such Freeman at the time of his death but then such person must bring in the Money received of his Father in his life time and reckon it part of the Estate left by such Freeman at his death and such bringing in the Money is called bringing it into Hotchpott If a Freeman shall settle or make over any part of his Estate to the use of his Children with design to defraud his Wife of her full third part the Widow may after his death set aside such Settlement by a Bill in this Court When an Inventory is exhibited in this Court and the Orphants can prove any Goods omitted or undervalued or any Debts charged to be owing from the deceased which were not real and just Debts in such case the Clerk upon complaint made will summon a Jury to enquire whether the Inventory so exhibited be a true and perfect Inventory or not And if the Jury find any omissions undervaluations or surcharges then the same Clerk will sue the Executor upon the Bond he gave for exhibiting an Inventory and will thereby compell him to make good to the Estate so much as shall be found by the Jury to be omitted undervalued or surcharged unless he can by proof discharge himself thereof before the Court of Aldermen who upon application made by any Executor will examin into the Accompts of such Executor and do right to all parties without any expence to the Executor or the Orphants When it shall appear by any Inventory that many Debts are standing out due to the deceased the Court of Aldermen do constantly compel the Executor to give Bond to render a true Accompt from time to time when he shall be thereunto required the Condition of which Bond is as followeth The Condition of a Bond to Accompt THe Condition of this Obligation is such That if the above bounden A. B. do at all and every time and times hereafter within One month next after warning to him to be given or for him to be left in writing at the now Dwelling-house of R. B. situate in Cornhill in London bring and exhibit into the Court of our Sovereign Lord the King to be holden before the Major and Aldermen of the City aforesaid for the time being in the Chamber of the Guildhall of the same City a true and perfect Accompt in writing upon his Corporal Oath of all and singular the sperate doubtful and desperate Debts whatsoever which were due and belonging to R. R. late Citizen and Grocer of London deceased at the time of his death as shall come to his hands or custody or to the hands or custody of any other person or persons to his use or by his appointment and upon like notice to him to be given or for him to be left in writing as aforesaid bring or cause to be brought into the Court aforesaid good and sufficient Sureties to be bound for the true and sure payment of so much Money as upon every such Accompt shall appear or be found due or belonging to the Children and Orphants of the said R. R. or else do and shall pay or cause to be paid into the Chamber of London to the use of the same Orphants so much Money as upon every such Accompt shall appear or be found due or belonging to the same Orphants That then c. or else c. It is usual once in Twelve months to summon the Executor to give an accompt and if upon the exhibiting thereof it shall appear that any Money is due to the Orphants the Executor must either pay the same Moneys into the Chamber of London or give good Security to pay the same which if he omit or refuse his Bond will
was elected by the Court of Aldermen And always before and since Major Gunstone's Election the Court of Aldermen have elected the respective Clerks of that Court. And it hath been declared by Counsel Learned in the Law That the right of electing Clerk of the Court of Requests is not in this Court THE COURT OF ALDERMEN THis is a Court of Record and is held in the inner Chamber of Guildhall every Tuesday and Thursday except Holy-days and in the time of Sessions of Goal delivery All Matters touching Lights Water-courses and Party-walls may be determined in this Court The Assize of Bread is constantly appointed by this Court All Bonds and Leases that pass under the City Seal must be sealed in this Court Several places are in the Gift of the Lord Major and this Court viz. The Recorder Sword-Bearer Four City Counsel City Remembrancer Common Hunt Water-Bailiff Cities Solicitor Comptroler of the Chamber Two Secondaries Four Attorneys of the Lord Majors Court Clerk of the Chamber Hall-Keeper Three Sergeant Carvers Three Sergeants of the Chamber Sergeant of the Chanel Yeomen of the Chamber Four Yeomen of the Water-side Yeoman of the Chanel Under Water-Bailiff Meal-weighers Clerk of the Cities Works Six Young-men Two Clerks of the Papers Eight Attorneys in the Sheriffs Court Eight Clerk-Sitters Two Prothonotaries Clerk of the Bridge-house Clerk of the Court of Requests Beadle of the Court of Requests Thirty six Sergeants at Mace Thirty six Yeomen The Gager The Sealers and Searchers of Leather Keeper of the Green-yard Two Keepers of the Compters Keeper of Newgate Keeper of Ludgate Measurer Steward of Southwark Bailiff of Southwark Bailiff of the Hundred of Ossalston There are other Places in the Gift of the Major Aldermen and Sheriffs as the City Carpenter and other Artificers But the Rent-gatherer hath been put in by Mr. Chamberlain If any Officer shall mis-behave himself in his Office upon Complaint made thereof to this Court and Proof of the Fact such Offender may be and is usually suspended from the Profits of his Place during the pleasure of this Court The Rulers of the Company of Watermen are Annually elected and appointed by this Court pursuant to an Act of Parliament made in the Second and Third Year of Philip and Mary which is as followeth WHereas heretofore for lack of good Government and due Order amongst Wherry-men and Water-men c. there have divers and many misfortunes and mischances happened and chanced of late years past to a great number of the King and Queens Subjects as well to the Nobility as to other the common People that have passed and repassed and been carried by Water by reason of the rude ignorant and unskilful number of Water-men which for the most part be Masterless men and single men of all kinds of Occupations and Faculties which do work at their own hands and many Boys being of small Age and of little Skill and being Persons out of the Rule and Obedience of any honest Master and Governor c. For reformation whereof be it Enacted by the King and Queens Majesties c. That there shall be yearly appointed chosen and elected by the Major and the Court of Aldermen of the City of London for the time being the number of eight persons of the most wise discreet and best sort of Water-men being Housholders and occupying as Water-men upon the said River between Gravesend and Windsor which Election shall be yearly at the first Court of Aldermen to be holden within the said City next after the First day of March And the same eight Persons so elected shall be named and called The Overseers and Rulers of all the Wherry-men and Water-men that from and after the said First day of March shall use occupy or exercise any rowing upon the said River of Thames betwixt Gravesend and Windsor aforesaid which said Overseers and Rulers shall keep and maintain good order and obedience amongst the said Water-men according to the true meaning of this present Act. And also be it further Enacted That the Lord Major of London and the Aldermen of the same City and the Iustices of Peace within the Shires next adjoyning to the said River of Thames every of them within their several Iurisdiction and Authorities shall have full Power and Authority by virtue of this present Act upon Complaint made to them or any of them by the said Overseers and Rulers or two of them or the Master or Masters of any such Servants not only to examine hear and determine all Complaints or Offences to be done or committed by any such person or persons that shall offend contrary to the true meaning of this present Act and to set at large all and every such person and persons as shall fortune to be imprisoned by the said Overseers and Rulers according to this Act if just cause shall appear unto them so to do but also by their good discretions and wisdom to punish correct and reform the said Overseers and Rulers and every of them that shall unjustly or without good cause or ground punish any person or persons by colour of this present Act or any thing therein contained And be it further Enacted by the Authority aforesaid That if any person or persons which at any time hereafter shall be elected or chosen to be a Ruler or Overseer as before is expressed do happen negligently to use and exercise his or their room or place or that will obstinately refuse to take upon him or them the room or rooms place or places of any the said Overseers or Rulers that then all and every such Offender or Offenders shall lose and forfeit the sum of Five pounds of lawful Money of England the one half whereof shall be to out said Sovereign Lord c. and the other half to him or them that will sue for the same c. And be it further Enacted by the Authority aforesaid That the said Major and Court of Aldermen of the said City of London for the time being shall from time to time at their discretions limit set and assess the price and prices and sums of Money that every person or persons so authorized to rowe as is aforesaid betwixt Gravesend and Windsor aforesaid shall take for his or their labour or fare from place to place particularly betwixt Gravesend and Windsor aforesaid and the same prices and assessments to be set shall bring or cause to be brought to the Privy Council of our Sovereign Lord c. to be viewed and seen by some of the said Privy Council and after that the said assessments and prices shall be signed and subscribed with the hands of two of the said Privy Council at the least and the said Major and Court of Aldermen for the time being shall cause the said prices and assessments to be written and set up in Tables in the Guild-hall in the City of London Westminster-hall and elsewhere where the said Major and Court of Aldermen shall think convenient And every
person or persons that shall take for his or their fare or labour above the prices that shall be assessed viewed written and set up in form aforesaid shall forfeit for every such Offence Forty shillings and also shall suffer imprisonment for One half year The one Moiety of the said Forfeiture to be to the King c. and the other Moiety thereof to him or them that will sue for the same in any of the King's Courts of Record by Action of Debt or by any other the ways or means above specified wherein no Wager of Law Essoin Protection or Injunction shall be admitted or allowed for the Defendant or Defendants The Rates signed and agreed upon by the Privy Council and the Lord Major and Court of Aldermen to be taken by Watermen From London to Limehouse Oars Skuller 1 s. 6 d. From London to Newcrane Oars Skuller 1 s. 6 d. From London to Shadwell Dock Oars Skuller 1 s. 6 d. From London to Bell-Wharf Oars Skuller 1 s. 6 d. From London to Ratcliff-Cross Oars Skuller 1 s. 6 d. From London to Wapping Dock Oars Skuller 6 d. 3 d. From London to Wapping New-stairs Oars Skuller 6 d. 3 d. From London to Wapping Old-stairs Oars Skuller 6 d. 3 d. From London to The Hermitage Rotherhith Church-stairs Oars Skuller 6 d. 3 d. From London to Rotherhith-stairs Oars Skuller 6 d. 3 d. From St. Olaves to Rotherhith Church-stairs and Oars Skuller 6 d. 3 d. From St. Olaves to Rotherhith-stairs Oars Skuller 6 d. 3 d. From Billingsgate to St. Saviour's Mill Oars 6 d. Skuller 3 d. From St. Olaves to St. Saviour's Mill Oars 6 d. Skuller 3 d. All the Stairs between London Bridge and Westminster Oars 6 d. Skuller 3 d. From either side above London Bridge to Lambeth Oars Skuller 1 s. 6 d. From either side above London Bridge to Foxhall Oars Skuller 1 s. 6 d. From Whitehall to Lambeth Oars Skuller 6 d. 3 d. From Whitehall to Foxhall Oars Skuller 6 d. 3 d. From Temple to Lambeth Oars Skull 8 d. 4 d. From Dorset-stairs to Lambeth Oars Skull 8 d. 4 d. From Black-Frier-stairs to Lambeth Oars Skull 8 d. 4 d. From Pauls-wharf to Lambeth Oars Skull 8 d. 4 d. Over the Water directly in the next Skuller between London Bridge and Lime-house or London Bridge and Foxhall 2 d. From London to Gravesend whole Fare 4 s. 6 d. with Company 9 d. From London to Graise or Greenhive whole Fare 4 s. with Company 8 d. From London to Purfleet or Eriff whole Fare 3 s. with Company 6 d. From London to Woolwich whole Fare 2 s. 6 d. with Company 4 d. From London to Blackwall whole Fare 2 s. with Company 4 d. From London to Greenwich whole Fare 1 s. 6 d. with Company 3 d. From London to Deptford whole Fare 1 s. 6 d. with Company 3 d. From London to Chelsey Buttersey Wansworth whole Fare 1 s. 6 d. with Company 3 d. From London to Putney Fullham Barn Elms whole Fare 2 s. with Company 4 d. From London to Hamersmith Chiswick Mortclack whole Fare 2 s. 6 d. with Company 6 d. From London to Brentford Isleworth Richmond whole Fare 3 s. 6 d. with Company 6 d. From London to Twickenham whole Fare 4 s. with Company 6 d. From London to Kingston whole Fare 5 s. with Company 9 d. From London to Hampton Court whole Fare 6 s. with Company 1 s. From London to Hampton Town Sunbury Walton whole Fare 7 s. with Comp. 1 s. From London to Walton Weybridge Chertsey whole Fare 10 s. with Company 1 s. From London to Stanes whole Fare 12 s. with Company 1 s. From London to Windsor whole Fare 14 s. with Company 2 s. Rates for carrying Goods in the Tilt-Boat between London and Gravesend For a half Firkin 1 d. For a whole Firkin 2 d. For a Hogshead 2 s. For a hundred weight of Cheese Iron or any heavy Goods 4 d. For a Sack of Salt or Corn 6 d. For an ordinary Chest or Trunk 6 d. For an ordinary Hamper 6 d. For every single Person in the ordinary Passage 6 d. For the hire of the whole Tilt-Boat 1 l. 2 s. 6 d. The Lord Major for the time being may cause any person inhabiting within London or the Liberties to be summoned to appear before his Lordship upon the Complaint of any Citizen and for non-appearance may grant his Warrant to bring such person before him and hath power to hear and determine differences between party and party If any Apprentice or other Person shall be carried on Ship-board or there detained against his will my Lord Major may send his Warrant by his Water-Bailiff and compel the Captain or Commander of the Vessel to release such Person The Citizens of London are Toll-free throughout England and the Lord Major usually at the Request of any Citizen that trades in remote parts grants his Warrant or Certificate to such Citizen in these words TO all Christian People to whom this present Writing shall come or the same shall see hear or read J. S. Knight Lord Major of the City of London sendeth Greeting in our Lord God everlasting Know ye that amongst other notable and ancient Liberties Priviledges and free Customs by the Charters of the Noble Progenitors of our most dread Sovereign Lord the King that now is to the Citizens of the said City of London granted And also by the Authority of divers Parliaments ratified and approved These Articles and Priviledges under-written in the same Charters be contained that is to say That all the Citizens of the said City of London and all their Goods and Merchandizes shall be quit and free in by and through all the Power and Dominions of the King our said Sovereign Lord And that the said Citizens shall and man may freely without impediment of the King's Highness or of any of his Subjects carry convey utter sell and put to sale their Goods and Merchandizes as well on this side the Sea as beyond and by the Ports of the Sea as well on this side the Sea as beyond And that the same Citizens and all their Goods and Merchandizes shall be quit and free of all manner of toll passage lastage pickage pontage murage prisage of Wine and of all other Customes And that the same Citizens at their wills and wheresoever they will shall and may stay abide and remain within any part of the King's Dominions to utter buy and sell any manner of Goods Wares or Merchandizes frank and free without any lett impediment or restraint of the King's Highness or of any of his Majesties Subjects as they alwaies heretofore accordingly have used and accustomed And if any person or persons within any place of any part of the Dominions of the King's Highness on this side the Sea or beyond do molest grieve lett or trouble any of the said Citizens their Attorneys Factors Assigns or Servants in about or concerning any the Premisses or take any toll
Lawrence Pountney One hundred and twenty pounds St. Mary Aldermary and St. Thomas Apostles One hundred and fifty pounds St. Mary le Bow St. Pancras Soperlane and Alhallows Honylane Two hundred pounds St. Mildred Poultry and St. Mary Colechurch One hundred and seventy pounds St. Michael Woodstreet and St. Mary Staining One hundred pounds St. Mildred Breadstreet and St. Margaret Moses One hundred and thirty pounds St. Michael Queenhith and Trinity One hundred and sixty pounds St. Magdalen Old-Fishstreet and St. Gregory One hundred and twenty pounds St. Mary Somerset and St. Mary Mounthaw One hundred and ten pounds St. Nicholas Coleabby and St. Nicholas One hundred and thirty pounds St. Olave Jury and St. Martin Ironmonger-lane One hundred and twenty pounds St. Stephen Walbrook and St. Bennet Sheerhogg One hundred pounds St. Swithin and St. Mary Bothaw One hundred and forty pounds St. Vedast alias Fosters and St. Michael Quern One hundred and sixty pounds Which respective sums of money to be paid in lieu of Tithe within the said respective Parishes and assessed c. shall be and continue to be esteemed deemed and taken to all intents and purposes to be the respective certain Annual maintenance over and above Glebes and Perquisites Gifts and Bequests to the respective Parson Vicar and Curate of any Parish for the time being or to his or their respective Successors or to other persons for his or their use of the said respective Parsons Vicars and Curates who shall be legally Instituted Inducted and Admitted into the respective Parishes aforesaid In which Act there is a Provision in these words Provided always and be it Enacted That where any of the Parishes within the said City have since the late Fire by death or otherwise become vacant the surviving or remaining Incumbent of the other Parish thereto united or therewith consolidated shall have and enjoy and have like remedy to recover the Tithes hereby settled to be paid as if he had been actually Presented Admitted Instituted and Inducted into both the said Parishes since the Vnion and Consolidation thereof And be it Enacted c. That the Aldermen of such respective Ward or Wards within the said City wherein any of the said Parishes lye and his or their Deputy or Deputies and the Common Councel-men of such respective Parish wherein the maintenance aforesaid is respectively to be Assessed to be nominated by such respective Aldermen Deputy Common Councel-men and Church-wardens or any Five of them whereof the Alderman or his Deputy to be one shall at some convenient and seasonable time before the 20th day of May 1671. assemble c. and they or the major part of them so assembled shall proportionably assess upon all Houses Shops Warehouses and Cellars Wharfs Keys Cranes Waterhouses and Tofts of ground remaining unbuilt and all other Hereditaments whatsoever except Parsonage and Vicarage-Houses the whole respective sum by this Act appointed or so much of it as is more then what each Impropriator is by this Act enjoyned respectively to allow in the most equal way that the said Assessors according to the best of their Iudgments can make it which said Assessments shall be made and finished before the 24th of July then next And be it further Enacted c. That if any variance or doubt happen to arise about any sum so assessed as aforesaid or that any Parishioner or Parishioners or Owner or Owners of any House Shop Warehouse or Cellar Wharf Key Crane Waterhouse or other Hereditament within any of the said Parishes shall find himself or themselves aggrieved by the assessing of any sum or sums of money in manner and form aforesaid that then upon complaint by the party or parties aggrieved to the Lord Major and Court of Aldermen of the said City within Fourteen days after notice given to the party or parties assessed of such Assessment made the said Lord Major and Court of Aldermen summoning as well the party or parties aggrieved and the Aldermen and such others as made the said Assessment shall hear and determine the same in a summary way and the Iudgment by them given shall be Final and without Appeal Provided always and be it enacted That any Assessment or Rate to be made by virtue of this Act shall or may in all or any the Parishes aforesaid in like manner be received or altered or laid again within three months after the 24th day of June 1674. according to the aforesaid Rules and any such Assessment or state shall or may be again received or re-assessed within three months after the 24th day of June 1681. And that all and every such new Assessment and state shall be liable to the like Appeals as aforesaid and shall be collected levied and paid as any other Assessment or Rate mentioned in this Act may or ought to be And be it further Enacted c. That if any the Inhabitants in any respective Parish or Parishes as aforesaid shall or do refuse or neglect to pay to the respective Incumbents aforesaid of any of the said respective Parishes any sum or sums of money to him respectively payable or appointed to be paid by this Act or any part thereof contrary to the true intent and meaning of this Act being lawfully demanded at the House or Houses Wharf Key Crane Cellar or other Premisses whereout the same is payable that then it shall and may be lawful to and for the Lord Major of the City of London for the time being upon Oath to be made before him of such refusal or neglect to give and grant out Warrants for the Officer or Person appointed to collect the same with the Assistance of a Constable in the day time to Levy the same Tithes or Sums of Money so due and in arrear and unpaid by Distress and Sale of the Goods of the party or parties so refusing or neglecting to pay restoring to the Owner or Owners the Overplus of such Goods over and above the said Arrears of the said Moneys so due and unpaid and the reasonable Charges of making such Distress which he is to deduct out of the Moneys raised by sale of such Goods In pursuance of which Act the Lord Major upon Complaint to him made by any Minister against any Parishioner for refusing to pay the Rate assessed will cause such Parishioner to be summoned to appear before his Lordship and if he refuse to appear or to pay the money assessed on his House or Warehouse his Lordship will upon Oath made of the Demand thereof grant his Warrant to Distrein the Goods of such Offender which Warrant is usually as followeth The Form of a Warrant to Distrein for Tithes or Moneys Assessed and Rated to be paid in lieu of Tithes WHereas A. B. is the Parson and present Incumbent of the Parish of St. M. B. in London burnt by the late dreadful Fire and hath for One year at the Feast of the Annuntiation of the blessed Virgin Mary last past and ever since been legally Instituted
Inducted and Admitted into the Parish aforesaid and hath for that time officiated and preached as Incumbent and Parson of the said Parish in a convenient place within the said Parish nominated and appointed by the Lord Bishop of London And whereas an Assessment of Ten shillings per Annum hath been duly made upon a certain House called or known by the Name or Sign of the Bull within the said Parish now and for two years last past inhabited by R. B. towards the raising of the Maintenance of the said A. B. the said present Incumbent of the said Parish according to a late Act of Parliament Intituled An Act for the better Settlement of the Maintenance of the Parsons Vicars and Curates in the Parishes of the City of London burnt up by the late dreadful Fire there And whereas I am informed that the sum of Ten shillings is due and payable to the said A. B. Incumbent and Parson of the said Parish for four quarters payment of the said Rate and Assessment at the Feast of the Annuntiation of the blessed Virgin Mary last past before the date hereof And forasmuch as Oath hath been this day made before me Sir J. S. Lord Major of the City of London by C. W. he being the person appointed to collect the said Assessment that he hath lawfully demanded the said Ten shillings at the said House whereat the same is payable And that the said R. B. the said Inhabitant of the said House in the Parish aforesaid doth refuse and neglect to pay to the said A. B. the said present Incumbent of the said Parish the said sum of Ten shillings to him payable as aforesaid These are therefore in his Majesties Name streightly to Charge and Command you the said C. W. being the person appointed to collect the same with the Assistance of a Constable in the day time to levy the said sum of Ten shillings so due and in arrear and unpaid of the said Assessment on the House aforesaid by Distress and Sale of the Goods of the said R. B. restoring unto him the Overplus of such Goods over and above the said Ten shillings and the reasonable Charges of making the said Distress according to the said Act in such case made and provided And these are further in his Majesties Name streightly to Charge and Command all and every the Constables within this City and Liberties thereof to be aiding and assisting unto the said C. W. in the due execution hereof and this shall be your Warrant Dated c. To C. W. and all every or any of the Constables within the City of London and Liberties thereof The Lord Major for the time being may grant a Warrant under his Hand and Seal to examine and try Weights and Measures which is usually done in these words viz. Lond ' ss WHereas great Abuses are and have been committed in the City of London and Liberties thereof by using and keeping unlawful unsealed and unsized Weights and Measures which are found to be very false and deceitful and not warrantable by his Majesties Laws to be used in buying and selling And whereas many persons Inhabitants within this City and Liberties thereof as I have been informed do ordinarily use Weights called or known by the name of Venice Weights not allowed or appointed by the Laws of this Realm nor by any other lawful Authority and do usually buy by one Weight and sell by another These are to authorize and appoint you and either of you my lawful and sufficient Deputies at all and every time and times fit and convenient peaceably and quietly to enter into all Shops Houses Warehouses and other places whatsoever within this City Liberties thereof where any Beams Weights Measures Yards Ells Sacks for Charcoals and such like shall be suspected to be and there to try and search all manner of Beams Weights Sacks for Charcoal and Measures whatsoever whether they be true just sealed and sized as by the Laws and Statutes of this Land they ought to be and if you or either of you shall find any false Beams or any unlawful unsealed or unsized Weights Sacks or Measures That then you bring the same or cause the same to be brought to Guildhall there to remain until Order shall be taken for the defacing or otherwise disposing thereof and certifie me the Names and Sirnames and dwelling places of the Offenders to the end they may be dealt withal as to Iustice shall appertain and as the Law requireth And also if you or either of you do find any of the said Sacks of Charcoal that shall not be well and sufficiently filled that then you or either of you do cause the said Sacks to be set upright and filled out of the rest of the said Sacks according as is directed and appointed that so the people of this City may not be deceived therein And I do hereby require in his Majesties Name to Charge and Command all and every the people of this Nation resorting to and inhabiting in this City or Liberties thereof who have used or do use or shall have any cause to use Weights or Sacks for Charcoals or Measures that they do not in any wise hereafter use any but those that are or shall be just and true and that they do not in any wise from henceforth hinder or withstand my said Deputies or either of them in the due Execution of the Premisses And I do hereby require all Constables Serjeants at Mace and Beadles of the Ward and other Officers and Ministers whatsoever within the said City and Liberties thereof that they be aiding and assisting to my Deputies J. M. and G. M. Citizens and Weavers of London and either of them in the due and lawful Execution of the Premisses as they and every of them will answer the contrary if they shall fail or refuse to do that which shall be lawfully required of them in that behalf Dated c. To J. M. and G. M. and to either of them The Lord Major and Aldermen may if they please punish all Constables and others that shall neglect to Watch pursuant to an Act of Common Councel made in the Majoralty of Sir John Robinson Intituled An Act for the better ordering of the Night Watches within the City of London and Liberties thereof which followeth in these words WHereas by the ancient good and laudable Custom of the City of London all and every person and persons which do dwell occupy or inhabit in any House or Houses within the same City or the Liberties thereof as well such as are not free of the said City as other the Freemen of the same being persons able and fit to watch or to find an able and fit person to watch for him her or them or in his her or their stead ought by reason of their habitation occupation and dwelling to keep watch within the Ward wherein he she or they do occupy and inhabit for the preservation of the King's Peace and for
every Constable and Watchman may know the Night Time and Places where they are to watch And that the Constable on the day before his watch-night or the Beadle of that Ward do warn every man that is to watch with him accordingly or leave notice thereof in writing at the House of every such man And that the Inhabitants of every Ward do take notice hereof any pretence of priviledge usage or custom to the contrary hereof in any wise notwithstanding And be it also further Enacted by the Authority aforesaid That if any Constable shall make default in executing his Office or doing his Service in any of the Premisses hereby appointed or hereafter to be ordered or appointed as aforesaid without just and reasonable cause to be allowed of as is hereafter mentioned that then every such Constable shall forfeit and pay for every such default five pounds And that if any person appointed and warned to watch or to find an able and fit person to watch in his or her stead as aforesaid shall refuse or make default to watch or to find an able and fit person to watch in his or her stead as aforesaid that then every such person so refusing or making default to watch as aforesaid and not having just and reasonable cause for such his default as shall be allowed of by the Lord Major of the said City or the Alderman of that Ward for the time being shall forfeit and pay for every such default Twenty shillings And it is hereby farther Enacted That the Alderman Deputy and Common Councel-men of every Ward or the major part of them for the time being shall from time to time nominate and appoint two or more honest able men of the same Ward who shall be called Supervisors to take care and oversee that the Watches appointed in every Ward be from henceforth duly kept And that the Constables Beadle and Watchmen execute do and perform their duties and services therein or otherwise pay the forfeitures and payments herein before ordained for their defaults respectively and that the same Supervisors or one of them shall take notice of such of the said Inhabitants as absent themselves at any time from watching as aforesaid and likewise of such Constables and Beadle as shall at any time make default be remiss or negligent in performance of his or their Duties in the Premisses and shall likewise from time to time present the name of every sâ—ch Defaulter to the Lord Major of the said City for the time being or to the Alderman of the Ward where such Default shall be made that every such Defaulter may pay the forfeiture and payment imposed upon him or her as aforesaid And that the Beadle of every Ward or some trusty person for him shall in the presence of the Constable and one of the said Overseers if they or either of them can be present call over the Names of all those which shall be appointed to watch each night respectively in their course as aforesaid as well at the hours appointed for their meeting in the Evening as also at the time appointed for the breaking up of the watch in the morning and that they the Constable or Beadle or one of them or some other trusty person in their or either of their behalf in case the Supervisor shall be absent at any of the said times shall take a Note in writing of the Names and Sirnames of every of the Inhabitants then appointed to watch as shall be absent from their watch at any of the hours herein before appointed Evening or Morning and shall deliver the said Note the next day to the Supervisors or one of them And that the Constables Supervisors and Beadle of every the said Ward and every of them shall bring before the Lord Major of the said City for the time being or the Alderman of their Ward every Constable or other person making default in any of the Premisses respectively if such person making default will readily and voluntarily go along with him and every such Defaulter shall then presently pay to the Lord Major or Alderman aforesaid such forfeitures and payments as are herein before limited and appointed for them respectively to pay as aforesaid and that all Moneys so forfeited and paid as aforesaid shall be imployed to and for the relief of the poor of the said Ward as the Lord Major or Alderman of the Ward where such default shall be made shall think fit and appoint But if such Defaulter shall refuse to go with the said Constable Supervisor or Beadle before the said Lord Major or Alderman as aforesaid or going shall refuse or delay to pay the said forfeitures penalties or sums of Money respectively as aforesaid that then and in either of the said cases such Defaulter shall forfet and pay treble the aforesaid penalties or sums of Money All which forfeitures hereby forfeited shall respectively be recovered by Action of Debt Bill or Information in the name of the Chamberlain of this City for the time being in the Court holden before the Lord Major and Aldermen of the said City in the Chamber of the Guildhall of the same City to be prosecuted by the Beadle of the Ward wherein every of the said Offences aforementioned shall be committed or any other person or persons thereunto appointed by the said Lord Major or the Alderman of such Ward And after recovery thereof one Moiety of the same after all Charges deducted shall be to the said Beadle or other Prosecutors and the other Moiety to be imployed to the relief of the poor of the Ward wherein such Offence shall be committed as the Lord Major or Alderman of the same Ward shall direct and appoint In all which Suits to be brought by virtue of this Act the Chamberlain shall recover his ordinary Costs and Charges to be expended for the recovery of all such forfeitures against the Offenders And lastly be it enacted by the Authority aforesaid That the Beadles of the several Wards of this City or any of them shall not hereafter take or have any allowance of Watchmen called Dead-pays for or in respect of their Nightly watching or for or in consideration of any other Service whatsoever but that the Inhabitants of every Ward shall amongst themselves raise some convenient sum of Money for a fit and competent Salary and Allowance to be made unto the said Beadles for their said Service Or if the said Inhabitants of all or any the said Wards cannot agree upon raising such Salary or Sum of Money then the same to be done by Authority of Common Councel by such way and means and in proportion to the Service and the Extent of each Ward as by the said Common Councel shall upon farther consideration be found just and reasonable The Lord Major doth Annually issue out his Precept to the Aldermen of every Ward to hold his Wardmote for the Election of Common Councel-men and other Officers The Tenor of which Precept is as followeth
come Greeting Whereas our beloved in Christian part the Major and Commonalty and Citizens of our City of London time out of memory of man have had exercised and ought and have accustomed to have and exercise the Office of Bailiff and Conservation of the Water of Thames to be exercised and occupied by the Major of the same City for the time being during the time of his Majoralty or by his sufficient Deputies in and upon and about the water of Thames That is to say From the Bridge of the Town of Stains in the County of Middlesex and towards the West unto London-Bridge and from thence to a certain place called Kendal otherwise Yenland otherwise Yenleet towards the Sea and East and in Medway and in the part of the City of London aforesaid and upon whatsoever Banck and upon every Shore and every Wharf of the same Water of Thames within the Limits and Bounds aforesaid And in upon and about all and every of them And also for all the time aforesaid have had and taken and ought and have accustomed to have and take to their own proper use by the Major of the aforesaid City for the time being during the time of his Majoralty or his sufficient Deputies all wages regards fees and profits appertaining and belonging to the same Office of Bailiff We therefore to the Intent that the said Major and Commonalty and Citizens may more securely freely and quietly use have exercise and enjoy the Office aforesaid and the fees wages regards and profits thereunto belonging to them and their Successors for ever of our especial Grace and certain knowledge and meer motion have granted and by these Presents for Vs our Heirs and Successors do grant to the foresaid Major and Commonalty and Citizens and their Successors That they the aforesaid Major and Commonalty and Citizens and their Successors may exercise and execute the aforesaid Office of Bailiff and Conservation of the Water of Thames by the Major of the said City for the time being during the time of his Majoralty or his sufficient Deputies from time to time for ever in upon or about the same water of Thames That is to say from the aforesaid Bridge of Stains in the County of Middlesex towards the West to the Bridge of London and from thence to a certain place called Yendall otherwise Yenland otherwise Yenleet towards the Sea and East and in Medway and in the Port of the City of London aforesaid and upon whatsoever Banck and whatsoever Shore and whatsoever Wharf of the same Water of Thames within the Limits and Bounds aforesaid in upon and about every one of the same and to have receive collect and enjoy all and singular wages regards fees and profits to the same Office of Bailiff pertaining and belonging to the proper use of the same Major and Commonalty and Citizens by the Major of the City aforesaid for the time being during the time of his Majoralty or by his sufficient Deputies without the hinderance of Vs our Heirs or Successors or any of our Officers Bailiffs or Ministers or of our Heirs or Successors or our Admiral of England or of our Successors or any others of our Subjects or of our Heirs or Successors whatsoever or of any grant by Vs our Heirs or Successors to be made to the contrary To have hold and enjoy the aforesaid Office and all and singular the Premisses with all and singular Wages Regards Fees Profits and Appurtenances whatsoever to the said Office belonging or appertaining to the aforesaid Major and Commonalty and Citizens and their Successors for ever by the Major of the foresaid City for the time being during the time of his Majoralty or by his sufficient Deputies to be exercised and executed without any Accompt or any other thing to be rendred or made thereof to Vs our Heirs or Successors So as no other Bailiff or Conservator of the aforesaid Water shall be or shall in any wise intermeddle in the Premisses THE COURT OF REQUESTS Commonly called The Court of Conscience THE first beginning of this Court was in the Ninth Year of King Henry the Eighth by Act of Common Councel then made whereby it was ordained That the Major and Aldermen of the City of London should monthly assign and appoint two Aldermen and four Commoners to be Commissioners to sit in the same Court in Guildhall upon Wednesday and Saturday in every week there to hear examine and determine all Matters brought before them between party and party Citizens of London where the Debt did not exceed forty shillings which Act was to continue two years and no longer But being found beneficial for the relief of such poor Debtors as could not make present payment of their Debts and also to be a great ease and help to such poor persons as had small Debts owing to them and were not able to prosecute a Suit in Law for the same The said Act hath since been continued by divers other Acts of Common Councel and besides the two Aldermen monthly assigned the number of Commissioners was encreased from four to twelve and by that authority the same Court continued till the first Year of the Reign of King James And then divers malicious people slighting the Authority of the same Court and not regarding the expence how great soever if they might ruin their poor Debtors And being often animated thereunto by divers Attorneys and Sollicitors did frequently commence Suits for petty Debts and Causes against poor men Citizens of London in the High Courts at Westminster or elsewhere out of the said Court of Requests to avoid the Jurisdiction thereof and to barr the said Commissioners from staying such Suits and examining the said Causes and thereby caused such poor men many times to pay ten times as much Charges as the principal Debt did amount unto to the undoing such poor men their Wives and Children and also to the filling of the Prisons with the poor so sued For Remedy whereof and for the strengthning and establishing the said Court. An Act of Parliament was made in the third Year of the Reign of King James Intituled An Act for the recovering of small Debts and for the relieving of poor Debtors in London The Tenor of which Act is as followeth WHereas by virtue of divers Acts of Common Councel made within the City of London the Lord Major and Aldermen of the same City for the Relief of poor Debtors dwelling within the said City have accustomed monthly to assign two Aldermen and twelve discreet Commoners to be Commissioners and sit in the Court of Requests commonly called the Court of Conscience in the Guildhall of the same City there to hear and determine all matters of Debt not amounting to the sum of xlx to be brought before them And whereas at the Sessions of Parliament holden at Westminster the Nineteenth day of March in the first Year of the Reign of our Sovereign Lord the Kings Majesty that now is for the further
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
Conspiracies made against the Kings Peace but ye shall warn the Mayor thereof or let it to your power All these Points and Articles ye shall well and truly keep according to the Laws and Customs of this City to your power So God you help If any Master shall refuse to make his Apprentice free when the term in his Indenture is expired upon complaint thereof made Mr. Chamberlain will cause such Master to be summoned before him and if he cannot shew good cause to the Contrary will make the Apprentice Free If an Apprentice shall be unruly or disorderly in his Masters House or commit any notorious Fault upon complaint made thereof Mr. Chamberlain will send one of his Officers for such Apprentice and send him to Bridewell or otherwise punish him according to the nature of the Offence If any Master shall misuse his Apprentice by beating him unreasonably or with unlawful weapons or by neglecting to instruct him or to find him necessaries upon complaint thereof made Mr. Chamberlain will send a Summons for the Master to appear before him and upon hearing both Parties will relieve the Apprentice or leave him to take his remedy against such Master in the Lord Majors Court If any Freeman shall refuse to appear before the Chamberlain being duly summoned my Lord Major or Mr. Recorder upon complaint thereof made will grant a Warrant to apprehend such Person and compel him to appear for which Warrant the Fee is 1 s. When an Apprentice is by consent of his Master to be turned over to another Master of the same Trade it cannot be done by any Scrivener But the Apprentice ought first to be turned over before the Company where he was bound and then to be turned over before the Chamberlain And it is to be observed that if an Apprentice be turned over by the Company only it is no Obligation upon the second Master to keep such Apprentice nor is the Apprentice compellable thereby to serve such second Master but may depart from the Service of such second Master at his pleasure by fuing out his Indentures against his first Master which may be done without the privity or knowledge of the second Master and therefore it is absolutely necessary that all Apprentices should be turned over before the Chamberlain for thereby the first Master is discharged from him and the second Master obliged to keep him and the Apprentice will be obliged to serve the second Master the full term of the Indentures Although the same were made for nine years or more It is the interest and advantage of every Master and Apprentice when any difference happens between them to refer the matter to the Chamberlain who will freely hear both Parties and decide the Controversie for three shillings Charge viz. 1 s. to the Officer for the Summons and 2 s. to the Clerk for the Order Whereas if they proceed at Law for relief it may probably cost both Parties 6 l. if not more in Charges and the Conclusion may be less satisfactory then if decided by such reference as aforesaid Fees due to the City upon the making Free and Inrolling Apprentices  s. d. An Apprentice made Free not Inrolled the Master pays 13 2 The Apprentice pays 1 0 If not turned over before the Chamberlain then the Master or Mistress must pay extraordinary 2 0 If an Apprentice shall omit to take his Freedom within convenient time after his time is expired Mr. Chamberlain may impose such Fine upon the Apprentice as he shall think fit for such his neglect Fees due to the Clerk of the Chamber  s. d. For every Copy of a Freedom if by Service 2 6 To the under Clerk is usually paid 0 6 For every Copy of a Freedom if by Nativity out of London 5 0 To the under Clerk 0 6 For every Copy of a Freedom if by Nativity within London 4 0 To the under Clerk 0 6 For every Copy of a Freedom that is purchased or given 4 0 To the Clerk 0 6 For every second Copy of a Freedom 2 6 To the under Clerk 0 6 For every Copy of an Inrollment 2 0 To the under Clerk 0 6 For every Indenture that is lost 2 0 For every search 1 0 For every Inrollment 0 4 For every Turn-over 0 4 For every Order without a Reference 1 0 For every Order upon a Reference 2 0 For every Warrant 1 0 For every Summons within the Liberties 1 0 For every Summons without the Liberties 2 0 Every Freeman ought to take particular care not to make an Apprentice Free of London by testifying for his Service unless such Apprentice shall have really served him For if he shall privately turn his Apprentice over to a Forreigner and let the Apprentice serve such Forreigner and testifie to the Chamberlain that the Apprentice served a Freeman in such case the Master and Apprentice may be disfranchised and fined at the pleasure of Mr. Recorder and Mr. Chamberlain will in such case cause the Freemans Shop to be shut up If a Master shall make his Apprentice Free by testifying that his Apprentice served the full term of Seven years when in truth the Apprentice did not serve so long both the Master and Apprentice may be disfranchised for testifying an untruth For it is contrary to a Freemans Oath the words therein being Ye shall take none Apprentice for no less term then for Seven years without fraud or deceit Ye shall make him Free if he have well and truly served you And if a Freeman well considers his Oath he will not do any act contrary thereunto for lucre or to pleasure another And for that most Freemen do in time come to be Constables and Scavengers it may not be unnecessary to insert the Oath to be by them taken before they Execute such places The Oath of the Constables within the City of London YE shall swear that ye shall keep the Peace of our Sovereign Lord the King well and lawfully after your power And ye shall Arrest all them that make Contest Riot Debate or Affray in Breaking of the said Peace and lead them to the House or Compter of one of the Sheriffs And if ye be withstood by strength of Misdoers ye shall rear on them an Outcry and pursue them from Street to Street and from Ward to Ward till they be Arrested And ye shall search at all times when ye be required by the Scavengers or Beadles the common noisance of your Ward And the Beadle and Raker ye shall help to rear and gather in their Salary and Quarter-age if ye be thereunto by them required And if any thing be done within your Ward against the Ordinance of this City such Defaults as ye shall find there done ye shall then present to the Major and Ministers of this City And if ye be letted by any person or persons that ye may not duly do your Office ye shall certifie the Major and Council of the City of the name or names
LEX LONDINENSIS OR The City Law Shewing the Powers Customs and Practice Of all the several COURTS Belonging to the FAMOUS CITY OF LONDON VIZ. The Lord Majors Court The Orphans Court The Court of Hustings The Court of Common Councel The Court of Aldermen The Wardmotes The Courts of Conservacy for the River of Thames The Court of Conscience The Sheriffs Court The Chamberlains Court 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 LONDON Printed by S. Roycroft for Henry Twyford in the Hall-Court of the Middle Temple 1680. THE PREFACE THE City of London being the Metropolis of this Kingdom hath had many large Priviledges and Immunities granted to it by the Favour and Munificence of the Ancient Kings of England and continued to this Day which hath occasioned the erecting and establishing several Courts therein the better to dispence the benefit of the said Grants to the Citizens and Inhabitants of that City And indeed whosoever shall consider the said Priviledges and the nature and Jurisdiction of the said several Courts may conclude there is nothing left for the Citizens to desire for the happy and good Government of that City for the Advancement of the Trade thereof and for the securing every man's Property therein which is not already granted to them and which by the benefit of the said Courts they may not enjoy Some of which Priviledges belong to all the Inhabitants as the Recovery of their just Debts and Demands without travelling for the same out of the Liberties of the City which may be done either in the Lord Major's Court or the Sheriffs Courts The Enrolling of Deeds Settling Estates and Docking Entails by Recoveries of Houses and Lands in the said Liberties which are to be done in the Court of Hustings Other belong only to the Freemen of the said City as the Preservation of the Estates of Orphans by the Court of Aldermen the regulating all Matters of Difference between Masters and their Apprentices by the Chamberlain the easie recovering of small Debts under forty shillings by the Court of Conscience the choice of Officers and ordering of Parish Affairs by the Courts of Wardmotes and the making of By-laws for rectifying any abuses and for the well Government of the City by the Court of Common Councel and by the Lord Major and Court of Aldermen And that nothing may be wanting which may any way conduce or tend to the welfare and convenience of this City the Government of that famous pleasant and profitable River of Thames upon one side whereof it is situated is granted to the said City and managed by the Lord Major at his Courts of Conservacy for the said River As the benefit of these several Courts are very great so the knowledge of the practice and usage of them must needs be very desirable to the Citizens and Inhabitants there being very few but at some time or other must necessarily be cencerned in some if not most of them There hath been several times printed a Tract called The City Law which treats of some of these Courts But there being many Omissions and Defects therein this Discourse hath not only supplyed the same but also rectified the mistakes therein shewing at large the Powers Authorities Customs and Vsages of all the above-mentioned Courts as well to the Delight and Pleasure as to the Profit and Benefit of the Reader In this Treatise are inserted several Acts of Common Councel all of them so necessary or at least expedient to be known that this Discourse would hardly be compleat without them This whole Work being Composed and Digested for the Publick good and benefit it is hoped it may meet with a favourable and candid Reception and that the Reader will pardon the Faults and Errata's of the Printer THE LAW and PRACTICE Of the several COURTS Belonging to the Famous City OF LONDON Of the Lord Majors Court THE Lord Majors Court commonly called the Majors Court in London is a Court of Record and is held in the Chamber of the Guildhall The Recorder of the City of London for the time being is Judge of this Court but the Lord Major and Aldermen may sâ—t as Judges with him if they please This Court being held by Custome and all the Proceedings are said to be before the Major and Aldermen The Sheriffs of London may in like manner sit with the Judges of the Sheriffs Court The Proceedings in that Court being also said to be held before the Sheriffs respectively In this Court all manner of Actions may be entered and tried by a Jury as in other Court for any Debt Trespass or other matter whatsoever arising within the Liberties of London and to any value whatsoever and is not a Court of Equity only as many Citizens suppose and to this day believe There is only four Attorneys belonging to this Court who upon their admission by the Court of Aldermen take the Oath following The Oath of an Attorney of the Majors Court. YOU shall swear that you shall well and lawfully do your Office of Attorney and well and lawfully examine your Clients and their quarrels without Champerty and without procuring of any Iuries or any Enquests embracing And that you shall change on quarrel out of its nature after your understanding Also you shall plead ne ley nor 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 its Iurisdiction nor none other matter but it be such as you shall find rightful and true by the information of your Clients whose information and saying upon your Oath and Conscience you shall believe to be true And you shall not inform ne inforce any man to sue falsly against any persons by false or forged Actions Attendant ye shall be upon the Major of the said City for the time being and ready ye shall be at all times to come at the warning of the said Major but if ye be letted about the Business of the said City or by some other reasonable cause Ye shall not deliver any Book or any manner of Copy to any person of any thing that toucheth the Liberty of this City without licence and oversight of the Major Recorder and Town-Clerk of this City for the time being or of two of them or shew to any person any Book concerning the Customs of the said City nor suffer any Person to look upon any such Book of Customes at any time saving only the Councel of this City but that ye shall keep the same Books secret among your selves The secrets of this Court ye shall keep and not disclose any thing there spoken for the Common weal of the said City that might hurt any Person or Brother of the said Court
contrary to the said ancient usage and in contempt of the said Majors Court upon several new pretences never heard of till of late time whereby Clients are necessitated where they have cause to appeal to Equity to remove their Suits out of London whereas they might otherwise be relieved in the Lord Majors Court with far less Charge and greater Expedition For remedies whereof it is ordained enacted and established by the Lord Major Aldermen and Commons in this Common-councel assembled and by the Authority of the same That at all times hereafter the said Warrant of Levetur Querela under the Hand of the Lord Major or Recorder of the City of London for the time being for removing of any Plaint Attachment or other cause or causes levied or depending in either of the Sheriffs Courts of this City into the Majors Court being brought by a Serjeant at Mace and Minister of the Majors Court to the said Sheriffs Court either at the Guild-hall or Compter at any time before the Iury or any of them shall be sworn for Trial of such Cause or Causes shall be presently obeyed and allowed of And that neither the Iudge nor any Clerk or Officer of either of the said Sheriffs Courts do at any time hereafter presume to reject or disallow of any such Levetur Querela so brought or tendered unto him or them upon any pretence whatsoever other than in case of a further Order or Warrant under the hand of the Lord Major or Recorder for the time being in that behalf first had and obtained as anciently hath been used and accustomed And to prevent the daily inconveniences happening in Suit now depending or hereafter to be depending in the Courts of the said Sheriffs by reason of the great delays they meet with there by putting off of Causes under pretence of continuances entered by the Attorneys on both sides for the most part at the very time they should be Tried without the consent of the Parties Clients contrary to the ancient practice and usage of the said Courts whereby the Clients is delayed Witnesses and Iurymen discouraged by frequent and fruitless attendances to the intolerable expence of the Suitors For the preventing hereof for the future Be it enacted by the said Lord Major Aldermen and Commons in Common-councel assembled and by Authority of the same That no Cause or Causes in either of the Sheriffs Court be at any time hereafter from and after Issue joyned put off from Trial by pretence of any such Continuances entered or hereafter to be entered by consent of the Attorneys on either part but upon motion thereof first made in open Court and for some just and reasonable Cause to be shewed and allowed upon Oath before the Iudge of the same Court and upon payment of such Costs to the Party thereby delayed as the Court shall see cause to tax and allow And that no Clerk do henceforth presume to enter any Continuance in any Cause summoned for Trial without the special order and direction of the Iudge of the Court in that behalf first had as aforesaid And that no Fee be henceforth demanded taken or allowed by or to any of the Attorneys of the Sheriffs Courts aforesaid for or in respect of the putting off of any Trial under the pretence of such Continuance entered or hereafter to be entered as aforesaid upon pain that every Attorney so demanding taking or receiving shall for every such Offence for the first time forfeit the Sum of Five pounds and for the second to be finally discharged of and from his place of Attorney in the said Sheriffs Courts And to prevent the great mischiefs now daily growing and encreasing in the said Sheriffs Courts by excessive Costs taxed upon Iudgments there given by the consent for the most part of the Attorneys of both sides contrary to the usuage of all former Ages Be it enacted by the said Lord Major Aldermen and Commons in this Common Councel assembled and by the Authority of the same That no Bill of Costs exceeding the sum of Four and twenty shillings for the Trial of a Grand Iury Cause or exceeding the sum of Twenty two shillings for the Trial of a Petty Iury Cause shall at any time hereafter charge the Client of either side Nevertheless it shall and may be lawful for the Iudges of the said Courts respectively for good and reasonable cause shewed to them respectively by the parties of either side upon due examination of the circumstances of the Case in the presence of both parties to encrease the said costs of Suit by their discretions by a special Rule of Court to be entered for that purpose expressing the cause why such costs are so increased And upon complaint made by any person of greater charges then as aforesaid and producing the Bill under the Attorneys hand or other Witness that the respective Iudges of the same Court punish the Offender and relieve the party grieved according to their good discretions and the Rules aforesaid And that no Officer of either of the said Courts shall presume to make out Execution upon any Iudgment wherein the costs of Suit shall exceed the sums aforesaid respectively without such special Rule as aforesaid to warrant the same on pain to forfeit for his first Offence Five pounds to the relief of the Prisoners of that Compter wherein the Action shall be entered and for the second default to be expelled the Court for ever And to prevent the daily abuse of the Serjeants and Yeomen of the Sheriffs sometimes in permitting persons Arrested by them to go at large without Bail sometimes in keeping them in Alehouses or some other private places and not returning the Process in due time by which the parties were Arrested so that the Plaintiff is delaied and the Prisoner by the extorsion of the said Serjeants and Yeomen oftentimes put to a greater expence than will discharge the original cause of Action and sometimes by discharging persons by them duly Arrested without causing the Actions wherein they were so Arrested to be withdrawn although they take Money from the Defendant sufficient to do the same with and sometimes in not duly returning Executions by them executed or by discharging persons taken in Execution before satisfaction be entered upon Record whereby the said persons are oftentimes doubly charged for the same Debt Be it therefore enacted by the Authority aforesaid That the Serjeants and Yeomen of the said Sheriffs and every of them shall from time to time and at all times hereafter make due return into the said Sheriffs Courts of all the Precepts of the said Courts to them to be directed at the next Court after the Execution of the same Precepts and that all persons by them to be Arrested by virtue of the said Precepts or any of them shall be either delivered upon good and sufficient Bail or in default thereof by him or them committed to some of the persons within the said City at or before the next
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
decaying growing into poverty or insufficiency in Estate or Estates as aforesaid And lastly if the said S. D. c. or any of them do yearly appear before the Major and Aldermen of the City aforesaid for the time being in the Chamber of the Guildhall of the same City on Munday next after Midlent Sunday That then c. or else c. The Lord Major and Court of Aldermen do meet at Guildhall and sit in the Orphants Court there once in every year viz. on the Munday morning after Midlent Sunday purposely to hear the Names of all the Securities that stand bound for Orphants Portions called over and therefore that day is termed Call-day upon which day one of every of the Sureties ought to appear to give an account whether the other Securities are living and in good condition and whether the Orphants are living and married If none of the Security appear upon that day they forfeit their Recognizances and Bonds and the Clerk of the Orphants in such case must make out Process against the Security and force them to give the Accompt above required and pay the Charges of the Process The Security must take particular care that none of the Orphans marry or be put Apprentice with their consents without the leave of the Court of Aldermen first obtained for that purpose And as the Orphans come to be of the age of One and twenty years or shall be married with the consent of the Court of Aldermen they must take care to bring them to Guildhall with a person to prove the age of such Orphan and then the Orphan must acknowledge satisfaction for the Money due to him or her of the Testators Estate which must be done in the Court of Aldermen but one of Mr. Common Sergeant's Clerks must first draw up a Note to this or the like effect J. B. Parish-Clark and Register of All-hallows Lumberstreet London is come to prove unto this Honourable Court upon his Corporal Oath That R. B. one of the Sons and late Orphans of R. B. late Citizen and Mercer of London deceased is of the full Age of 21 years And the said R. B. the Son is come to acknowledge satisfaction to this Honourable Court for 500 l. growing due unto him for his own part and portion of the Goods Chattels Rights and Credits of the said R. B. his late Father deceased by the Laws and Customs of the City of London If a Freeman leaves Lands and Tenements to his Children the Executor must become bound with Sureties to accompt for the Rents and Profits of such Lands with Condition as followeth The Condition of a Bond to Accompt for Rents c. THe Condition of this Obligation is such That whereas A. W. Executor of the last Will and Testament of J. W. late Citizen and Skinner of London deceased is by order of the Court of Orphans holden before the Major and Aldermen of the City of London appointed to receive the Rents Issues and Profits of certain Lands Messuages and Tenements in the Parish of B. in the County of M. which are bequeathed to R. the Son and Orphan of the said J. W. in and by the last Will of the said J. W. when the said Orphan shall attain the Age of 21 years If therefore the said A. W. her Executors or Administrators do and shall from time to time and at all times hereafter until the said Orphan shall attain the Age of 21 years well and truly pay or cause to be paid the yearly Rent of 10 l. reserved in the Grants or Leases of the same Lands and Messuages according to the Covenants of the same Leases And also do until the said Orphan shall attain the aforesaid Age keep and maintain the said Messuages and every of them in good repair And do and shall convey assign and assure unto the said Orphan when he shall attain the full Age of 21 years the same Lands and Messuages and every of them discharged and freed from all Rent or Rents in the said Leases or Grants reserved and from all and all manner of Forfeitures and Rentries and well and sufficiently repaired and sustained And if the said A. W. her Executors or Administrators shall not do any act or acts thing or things whereby the said Orphan shall not enjoy the said Land and Messuages at the said Age of 21 years without incumbrances from her them or any of them That then c. or else c. WHen any Orphan is of full Age and shall acknowledge satisfaction in the Court of Aldermen for all Moneys due to him or her The same Court upon motion made by Mr. Common Sergeant doth constantly order That all Bonds entered into for the payment of such Orphans Portion shall be delivered up and cancelled and if the Security became bound by Recognizances the Clerk of the Orphans will cross and discharge such Recognizances for which his Fee is 2 s. upon each Recognizance The Chamber of London is accounted the safest and best Security in or about London for the Moneys paid therein to the use of the City or any Orphan is constantly repaid upon demand without any trouble And when Orphans come to Age or be married with the consent approbation of the Court of Aldermen they may receive their Portions if paid into the Chamber at an hours notice although the sum shall be Ten thousand pounds or more Mr. Chamberlain or his Clerks attending daily for that purpose The Interest or finding Money is constantly paid as it becomes due and the Court hath always taken great care that every Orphan shall receive his and her Portions out of the Chamber of London without paying any other or greater Fees then hath been anciently taken and if any Officer exact or take any other Fees the Parties will upon their application and evidence of the Fact to the Court of Aldermen have remedy and all just relief against the Offenders Mr. Common Sergeant keeps his Office in Guildhall-yard near St. Lawrence's Church and constantly attends to dispatch all persons that are concerned for Orphans and will not permit any Fees to be taken for any business to be done by virtue of his Office more then hath been paid time out of mind and if any of his Clerks exact any greater Fees he will upon complaint cause satisfaction to be given to the Party grieved The Widow of every Freeman if she shall be Executrix or Administratrix of her Husbands Estate ought by the Custom of London to exhibit a true Inventory of her Husbands Estate into this Court before she contract Marriage otherwise the Court of Aldermen may impose a reasonable Fine upon such Executrix or Administratrix to the use of the Orphans of such Freeman To prevent abuses that sometimes happen to Freemens Estates in prejudice of Orphans by Executrixes and Administratrixes not giving an Inventory in due time after the Testator's decease The Court of Aldermen have made an Order not to allow any finding Money or
Interest for any Money that shall be paid into the Chamber of London by any Executor or Administrator belonging to any Freemans Estate until such time as the Executor or Administrator of such Freeman do bring in and exhibit upon Oath a true and perfect Inventory to his knowledge of all the Goods Chattels Plate Jewels ready Money and Debts which did belong to such Freeman at the time of his death It is the interest and advantage of all Executors and Administrators of Freemen to exhibit Inventories of the Estates of such Freeman within the time limited and appointed by the Court of Aldermen for the doing thereof especially such as shall leave no greater Estate then to pay their Debts For if upon the bringing any Inventory into the Court of Aldermen it shall appear to the Court that the Testator did not leave more Estate then to pay his just Debts in such case the Court will discharge such Executor or Administrator of the Recognizance he gave for exhibiting an Inventory without paying any Fee to any Officer whatsoever Provided such Executor or Administrator bring in such Inventory when he shall have notice from Mr. Common Crier so to do The Court of Aldermen do commit the custody of Orphans to such person or persons as they shall think sit and if any person whatsoever do intermarry with any Orphan without the consent of the same Court first obtained such person may be fined by the said Court according to the quality and portion of the Orphan and unless such person do pay the Fine or give Bond to pay the same in some reasonable time the Court of Aldermen may commit him to Newgate there to remain until he submit to their order And although such person shall have ten times a better Estate then the Orphan he intermarries yet he must submit to pay such Fine as the Court shall impose upon him But if he settle an Estate upon the Orphan as the Court shall direct and make application to the same Court by Petition to have the Fine remitted they will in probability shew favour to such person as they have done in the like cases This Custom hath been adjudged reasonable and was argued in the Court of Kings Bench in the Case of a Merchant that had a good Estate who intermarried with an Orphan without the consent of the Court of Aldermen The Orphan had but 200 l. or thereabouts in the Chamber of London but her Portion was 800 l. and upon hearing the matter in the Court of Aldermen the Merchant did seem to justifie himself because he had the consent of the Orphans Relations Thereupon the Court ordered him to pay 40 l. as a Fine which he refused and was committed to Newgate And after some considerable time he brought a Habeas Corpus which was allowed and the cause of his Imprisonment returned and upon perusal of the Return and after long debate had by Counsel on both sides the Court of Kings Bench remanded the Gentleman back to Prison and directed him to submit to the Court of Aldermen which he did by paying the Fine and was thereupon discharged but upon his humble Suit to the Court a great part of his Fine was returned The Lord Major Aldermen and Commons of the City of London in Common Councel have made several good Acts and Orders to prevent Freemens Children from marryiâ—â— without the consent of their Parents and Guardians and to keep them from vicious Courses more particularly by an Act of Common Councel in the Majoralty of Sir Andrew Judd Knight in the Fifth year of King Edward the Sixth It is enacted and established for a Law perpetual to be observed and kept within the said City as followeth viz. FIrst If any Manchild or Woman-child shall maliciously go about or attempt to do or cause to be done any bodily harm death or destruction to his or their Father or Mother or if any Mankind do hereafter marry or contract marriage in the life of his Father or Mother by whom he will claim any portion under the age of One and twenty years without the consent of his said Father or Mother by whom he will claim any portion or if any Woman-child do hereafter marry or contract marriage in the life time of her Father or Mother or other Parents by whom she shall claim any portion before the age of eighteen years without the consent of her Father or such other Parent by whom she shall or may claim any portion or if any Manchild be a Chief or a Felon or common Whore-hunter or common Dicer or common player at unlawful Games notoriously known or if any Womanchild shall hereafter commit any whoredom or be a common picker that then every of the persons so offending shall be barred and excluded to have or demand any portion Provided always that it shall be lawful for the Father or Mother of any such Child or Children to give and bequeath in Legacy to such Child or Children asmuch as the portion of such Child so offending shall amount unto by the Custom of the said City and then such child thereby to be enabled to have and demand the same as portion this Act notwithstanding so that the same Legacy be contained in his or their Testament in writing and not otherwise and that then and from thenceforth his said child or children to be admitted and restored to claim such Legacy or Legacies in such sort manner and form as if there had been never such offence done or committed by any such child Item It is further ordained enacted authorized and established by Authority aforesaid That if any Womanchild being an Orphan and under the age of One and twenty years at any time hereafter after the death of her Father do censure or contract herself in marriage or else according to the Ecclesiastical Laws of this Realm do perfectly solemnize or consummate marriage with any Freeman of this City the consent and agreement of the Lord Major and Aldermen of the said City of London for the time being not obtained and had that then for every such default and offence committed or done by any Orphan or Orphans of the said City the same being confessed or sufficiently proved by two Witnesses or otherwise before the Lord Major and Aldermen of the said City of London for the time being at and in a Court of Aldermen she or they that so happens to behave her or themselves as is aforesaid shall forfeit and forego and lose 12 d. of and for every pound so due or to be due unto her or them by reason of any such Orphanage the said sum of 12 d. for every pound to go or be to the use of the Chamber of the said City according to the ancient Custom before this time in such case used And if the said contract or marriage of such Orphan or Orphans be made with any forreign not being free of this City at the time of any such contract or marriage made that
the arresting and apprehending of all Night-walkers Malefactors and suspected persons which shall be found passing wandring and mis-behaving themselves And whereas every Constable of any Precinct is a Constable to all intents and purposes not only in the Precinct and Ward where he dwelleth but in all and every other Precinct Ward and place within the said City and the Liberties thereof And whereas there is now and of late years hath been by reason of the great concourse of people from all parts to the said City great necessity of a strong and sufficient Watch to be kept every Night within every Ward of the said City and the Liberties thereof and it hath been thought fit and provided by former Orders and Acts of Common Councel for the safety and peace of the said City that the number of men to watch every night in every Ward throughout the said City and Liberties thereof shall be as hereafter particularly followeth viz. Aldgate 34 Dukes-place 10 Aldersgate 44 S. Martin's le Grand 12 Bishopsgate 80 Broadstreet 30 Billingsgate 30 Bridge within 25 Bassishaw 12 Breadstreet 26 Cornhill 16 Candlewick 24 Cordweiner 24 Cheap 25 Cripplegate within 40 Colemanstreet 32 Cripplegate without 90 Castle Baynard 40 Dowgate 36 Farringdon within 50 Mugwelstreet 4 Blackfriers 14 Farringdon without 130 Whitefriers 8 Bridewel Precinct 8 Bartholomew Great 10 Bartholomew Less 4 Limestreet 11 Langborn 34 Portsoken 60 Queenhith 40 Tower 40 Vintry 34 Walbrook 20 Yet nevertheless the said Watches are very weak and wanting by reason that many ill-affected persons not willing to do any duty for the publick safety or not proportionable to the number of the Inhabitants where they dwell under pretence that they ought not to watch with any other Constable then the Constable of the Precinct wherein they inhabit whereas several Precincts within the said City and Liberties of late by multiplicity of new Buildings and Divisions of Houses are grown far more populous than other Precincts and many Precincts have not Inhabitants to make up a third fourth fifth or sixth part of the number of Watchmen aforesaid or a competent number of Watchmen for safeguard of the said Ward so that without some way other then the Inhabitants of every Precinct to watch with the Constable of that Precinct or some new Division of every Ward for proportioning and appointing the number therein to keep watch a sufficient Watch cannot be kept whereof divers refractory persons taking advantage and pretending that they are not by Law compellable thereunto will not yield obedience to the Government of the said City therein but refuse to watch when they are required whereby the Watches are generally much neglected and the Constables and other Officers much troubled and discouraged and the said City and Inhabitants therein much damaged and indangered thereby and likewise upon several occasions and disturbances of late have been put upon great and extraordinary charge and trouble in serving upon Military Guards of the Trained Bands and Auxiliary Forces of the said City Now the Right Honourable the Lord Major the Right Worshipful the Aldermen his Brethren and the Commons in this Common Councel assembled taking the Premisses into their consideration and conceiving it very necessary at all times that there should be sufficient Watches kept within the said City of London and Liberties thereof for remedy therein and for the better ordering and establishment of the Watches to be hereafter duly kept within the said City and the Liberties thereof do Enact and Ordain and be it Enacted and Ordained by the said Lord Major Aldermen and Commons in this Common Councel assembled and by Authority of the same that one Constable with the Beadle in every Ward and the said number of persons respectively shall watch every Night in every of the Wards aforesaid respectively from nine of the Clock in the Evening till seven of the Clock in the Morning from Michaelmas-day till the first of April and from the first of April till Michaelmas-day from ten of the Clock in the Evening till five of the Clock in the Morning And that the Alderman Deputy and Common Councel-men of every of the said Wards respectively or the major part of them shall forthwith take an exact Survey of all the Inhabitants and House-keepers within their respective Wards who are able and fit to watch or find Watchmen and shall nominate and appoint one Constable in their said Wards with the Beadle of their respective Wards and the full number of Inhabitants within the said respective wards according to the proportions beforementioned to watch eery night within the respective Wards beginning at one certain place within the said respective Wards from thence to proceed go forward in an orderly way and appoint the next Night one other Constable and the like full number of Inhabitants next adjoyning unto those who watched the Night before and so to proceed forward through the Ward one Constable and the full number of Inhabitants to watch every Night and then to begin again with those Inhabitants who first watched and proceed forwards every Night in turn as aforesaid without respecting any one Precinct more than another but that all the Inhabitants within the said Wards respectively do watch or find Watchmen in their turns as aforesaid who shall watch with the Constable appointed as aforesaid though he be not of the same Precinct as the Inhabitants be and that all the Constables within the respective Wards shall in their turns one after another watch with the said Inhabitants and when they have watched all over by turns as aforesaid he that began shall begin again and the rest follow in their turns and so one after another as often as it shall come to their or any of their turns And that the said Alderman Deputy and Common Councel-men of the respective Wards aforesaid or the major part of them shall likewise appoint a certain place within the said Ward where the Constable and all the Watchmen shall every Night first meet for that Night agree to what places they shall afterwards go to watch in the said Ward in such manner and order that the Constables and Watches of every Ward may maintain a correspondence and intelligence with each other and be ready upon some sound or sign to be made or given to come in in an instant if there be need upon any disorder or other occasion to the help and assistance of one another and shall also appoint the number of Watchmen which shall be and continue together in every place and cause the name of the Constable and of every Inhabitant which is to watch with every several Constable and the times and places of their meeting and watching particularly every several Night to be printed and delivered to every Constable within their Ward respectively and one or more papers thereof so printed to be set upon posts or open places where every constable and such as are to watch with him respectively dwell that
Christian So help me God c. I A. B. Do declare and believe that it is not lawful upon any pretence whatsoever to take Arms against the KING And that I do abhor that Traiterous Position of taking Arms by his Authority against his Person or against those that are Commissioned by him So help me God And farther that you likewise administer to the same Persons that shall be so elected of the Common Councel to be by them subscribed the ensuing Declaration I A. B. Do declare That I hold that there is no Obligation upon me or any other Person from the Oath commonly called The Solemn League and Covenant And that the same was in it self an unlawful Oath and imposed upon the Subjects of this Realm against the known Laws and Liberties of the Kingdom For that otherwise if the said persons or any of them that shall be elected as aforesaid of the common Councel shall not take the said Oaths and subscribe the said Declaration their Election and Choice is by the late Act of Parliament for the Governing and Regulating of Corporations enacted and declared to be void 6. Constables Scavengers Beadle Raker And that also in the said Wardmote you cause to be chosen certain other honest persons to be Constables and Seavengers and a Common Beadle and a Raker to make clean the Streets and Lanes of all your said Ward according to the Custom yearly used in that behalf which Constables have and shall have full power and authority to distrain for the Salary and Quarterage of the said Beadle and Raker as oftentimes as it shall be behind or unpaid 7. Roll of Names Also that you keep a Roll of the Names Sirnames Dwelling-places Professions and Trades of all persons dwelling within your Ward and within what Constables Precinct they dwell wherein the place is to be specially noted by Street Lane Alley or Sign 8. Constables Also that you cause every Constable from time to time to certifie unto you the Name Sirname Dwelling-place Profession and Trade of every person who shall newly come to dwell within his Precinct whereby you may make and keep your Roll Roll. perfect And that you cause every Constable for his Precinct to that purpose to make and keep a perfect Roll in like manner 9. Inholder Lodger Sojourner Also that you give special charge that every Inn-holder and other person within your ward who shall receive any person to lodge or sojourn in his house above two days shall before the third day after his coming thither give knowledge to the Constable of the Precinct where he shall be so received of the Name Sirname Dwelling-place Profession and Trade of life or place of service of such person and for what cause he shall come to reside there And that the said Constable give present notice thereof to you And that the said Inn-holder lodge no suspected person Suspect persons or men or women of evil Name 10. Search Also that you cause every Constable within his Precinct once every month at the farthest and oftner if need require to make diligent search and inquiry what persons be newly come into his Precinct to dwell sojourn or lodge And that you give special charge that no Innholder or person shall resist or deny any Constable in making such search or inquiry but shall do his best endeavour to aid and assist him therein 11. Frank pledge And for that of late there is more resort to the City of persons evil-affected in Religion and otherwise than in former times hath been You shall diligently inquire if any man be received to dwell or abide within your Ward that is not put under Frank pledge as he ought to be by the custom of the City and whether any person hath continued in the said Ward by the space of one year being above the age of twelve years and not sworn to be faithful and loyal to the Kings Majesty in such sort as by the Law and Custom of this City he ought to be 12. Beadle To all these purposes the Beadle of every Ward shall employ his diligence and give his best furtherance 13. Stocks c. Also you are to take order that there be provided and set up a pair of Stocks and a Whipping Post in some convenient place in every Parish within your Ward for the punishing of Vagrants and other Offenders 14. Fire Also that you have special regard that from time to time there be convenient provision for Hooks Ladders Buckets Spouts and Engines in meet places within the several Parishes of your Ward for avoiding the peril of Fire 15. Streets Also that the Streets and Lanes of this City be from time to time kept clean before every Church House Shop Ware-house Door Dead-wall and in all other common Passages and Streets of the said Ward 16. Huâ—sters of Ale and Beer And where by divers Acts of Common Council aforetime made and established for the Common weal of this City among other things it is Ordained and Enacted as hereafter ensueth Also it is Ordained and Enacted That from henceforth no Huckster of Ale or Beer be within any Ward of the City of London but honest persons and of good name fame so taken admitted by the Alderman of the Ward for the time being that the same Hucksters do find sufficient surety afore the Major Aldermen for the time being to be of good guiding rule And that the same Hucksters shall keep no Bawdry nor suffer no Lechery Dice-playing Carding or any other unlawful Games to be done exercised or used within their Houses And to shut in their Doors at nine of the clock in the night from Michaelmas to Easter and from Easter to Michaelmas at ten of the clock in the night and after that hour sell no Ale or Beer And if any Huckster of Beer or Ale after this Act published and proclaimed sell any Ale or Beer within any Ward of the City of London and be not admitted by the Alderman of the same Ward so to do or find not sufficient surety as it is above rehearsed the same Huckster to have imprisonment and make fine and ransom for his contempt after the discretion of the Lord Major and Aldermen And also that the said Hucksters suffer no manner of common eating and drinking within their Cellars or Vaults contrary to the Ordinance thereof ordained and provided as in the said Act more plainly appeareth at large We charge you that you put the same in due execution accordingly 17. Measâ—res sealed And also that ye see all Tipplers and other sellers of Ale or Beer as well privy Osteries as Brewers and Inn-holders within your Ward not selling by lawful measures sealed and marked with the City Arms or Dagger be presented and their names in your said Indentures be expressed with their Defaults so that the Chamberlain may be lawfully answered of their amercements 18. Strangers born And also that you suffer no Alien or son of any
born an Alien to be of the Common Councel nor to exercise or use any other Office within this City nor receive or accept any person into your watch privy or open but Englishmen born And if any Stranger born out of this Realm made Denizen by Letters Patents or any other after his course and lot be appointed to any watch that then ye command and compel him or them to find in his stead and place an Englishman to supply the same 19. And also that you cause an Abstract of the Assise appointed by Act of Parliament for Billets and other Fire-wood to be fair written in Parchment and to be fixed or hanged up in a Table in some fit and convenient place in the Parish within your Ward where the common people may best see the same 20. Streets Pain 40 s. And furthermore we charge and command you that you cause such provision to be had in your said Ward that all the Streets and Lanes within the same Ward be from time to time cleansed and clearly voided of Ordure Dung Mire Rubbish and other filthy things whatsoever be to the annoiance of the King's Majesties Subjects 21. Vagrants And also that at all times as you shall think necessary you do cause search to be made within your said ward for all vagrant Beggars suspicious and idle people and such as cannot shew how to live and such as shall be found within your said ward that you cause to be punished and dealt with according to the Laws and Statutes in such case ordained and provided 22. Jurymen And also we will and charge you the said Alderman that your self certifie and present before us at the said general Court to be holden the aforesaid Monday next after the Feast of the Epiphany all the names and sirnames truly written of such persons within your said ward as be able to pass in a Grand Iury by themselves And also all the names and sirnames truly written of such persons being and dwelling within your said ward as be able to pass in a Petty Iury by themselves that is to say Every Grand Iuryman to be worth in Goods an hundred Marks and every Petty Iuryman forty Marks according to an Act in that case ordained and provided And the same you shall indorse on the backside of your Indenture 23. Harlots Item for divers reasonable and urgent considerations us especially moving we streightly charge and command you on the King our Sovereign Lords behalf That you diligently provide and foresee that no manner of person or persons within your said ward what condition or degree soever he or they be of keeping any Tavern or Ale-house Ale-celsar or any other Victualling-house or place of common resort to eat or drink in within the same ward permit or suffer at any time hereafter any common woman of their bodies or Harlots to resort and come into their said House or other the places aforesaid to eat or drink or otherwise to be conversant or abide or thither to haunt or frequent upon pain of imprisonment as well of the Tenant and Keeper of every such House or Houses and all other the places afore remembred as of the common woman or Harlots 24. Also that you do give in charge to the Wardmote Inquest of your ward all the Articles delivered to you herewith and that you â—â—ticles have a special care of keeping the peace and good order during your Wardmote and if any offend herein you fine or punish him or them according to Law 25. And whereas the moneys received for the Fines of persons refusing to hold Ward Offices within your ward ought to be employed in the service and for the publick benefit of the whole ward and not of any particular Precinct or Parish within the wâ—rd These are therefore to require you to take care that all such Fines be from time to time disposed of accordingly for the benefit of the whole ward as you with the Deputy and Common Councel-men of your ward shall think most fitting and convenient And that no such Fines be received or employed in any particular Precinct or Parish Not failing hereof as ye tender the common weal of this City and advancement of good Iustice and as ye will answer for the contrary at your uttermost peril Dated at under the Seal-Office of Majoralty of the said City the day of December in the year of the Reign of our Sovereign Lord CHARLES the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. THE COURT OF CONSERVARY FOR THE River of Thames THis Court is held before the Lord Major at such times as he shall apappoint and direct within the respective Counties near adjacent to the Cities of London and Westminster The Water-Bayliff is my Lord Major's Deputy and ought to give notice to his Lordship of all Offences committed by any persons contrary to the Orders made for preservation of the brood and fry of Fish in the said River There have been several Orders made and devised for that purpose some of which Orders are as followeth viz. Orders devised and agreed upon by the Right Honourable Sir Robert Ducie Knight and Baronet Lord Major of the City of London and Conservator of the River of Thames and Waters of Medway for the preservation of the brood and fry of Fish within the West part of the said River as followeth FIrst That no man upon penalty and forfeiture of his Net and Ten pounds with imprisonment at the discretion of the Lord Major shall presume to shute any Draw-net or Coulter-net at any time of the year before Sun-rising nor after Sun-setting for that in the Night time unlawful Nets may be used and other abuses offered to the great hurt and annoyance of the said River of Thames and to shute in their several rooms well known 2. Item That no Fisher-man or other shall still lie or bend over any Net during the time of the Flood whereby both Salmons and other kinds of Fish may be hindred and kept back from swimming upwards to the benefit and profit of such Fisher-men as dwell in the west part of the said River upon the like pain and penalty 3. Item That no Fisher-man or other shall shute any Draw-net Cod-net or other Net or Engin whereby any Salmon-fish shall be taken after Holyrood day is past being the Fourteenth day of September because at that time they are out of season and remain here upon the River only to spawn and breed upon the like payment 4. Item That no Fisher-man or other shall fish with any Net or lay or hale any Wee l or use any other Net or Engine whatsoever from Sun-setting on Saturday at Night until Sun-rising upon Monday Morning no not during all the time of Lent as being a thing not only very hurtful to the said River but also a great abuse and profaning of the Lord's Sabbath upon the like payment 5. Item That no Fisher-man or other
shall at any time hereafter ship their Draw-nets called Shipping a Stern into their Boats before such time as they have laid forth all their whole Net as they do when they land towards a low water nor that they ship some part of their said Net and land the rest but that from henceforth they shall fulfil and observe that ancient order of landing their Nets as they have heretofore usually done at low water upon the like payment 6. Item That not Fisher-man or other person whatsoever shall use any Spear called an Eel-spear at any time of the year for that they are likewise very great destroyers of Barbels and other kinds of Fish nor shall work with any Bley-net Rugge-net or Smelt-net upon the said water westward farther then Isleworth Church from the Tenth day of March yearly until Holyrood day be past being the Fourteenth day of September upon the like payment 7. Item That no Fisher-man or other shall at any time of the year use or exercise any Flue Trammel Double-walled-net or Hooped-net whatsoever for that they are not only the utter destruction of all breeding Barbels but also a great spoil and hurt to other sorts of the young brood and fry of Fish being with those kind of Nets infinitely destroyed to the general ruin of the River aforesaid upon the like payment 8. Item That no Fisher-man or other shall lay any Weels called Kills in any place of the River from the Tenth of March till the Tenth of May yearly for that all Roches do then shed their spawn nor that no man whatsoever cut any Bull-rushes or other Flaggs or Sedges growing upon the River from Richmond unto the Markstone above Stains-bridge for that they are a great succour and safeguard unto the Fish upon the like payment 9. Item That no Fisher-man or other shall use within the said River of Thames any Wee l called a Lomb or a Mill-pot or any other Engine with the head thereof against the Stream upon pain of forfeiture of Ten pounds and imprisonment at the discretion of the Lord Major Nor that no man whatsoever shall occupy upon the said River of Thames any Nets called Purse-nets otherwise Casting-nets upon the like payment 10. Item That no Fisher-man or others shall be suffered to rug for Flounders either by Ebbe or by Flood at any time of the year between London-bridge and Stran-gate on the South side and Westminster-bridge on the North side but only two casts at low water and two casts at full sea or high water for the safeguard of the fry and brood of Fish and no Flounder shall be taken under the assize of six inches Nor that no Fisher-man or other shall fleet with any Bley-net upon the benches from Whitehall to the Temple-stairs upon high waters from Whitsontide to Bartholomewtide upon like payment 11. Item That no Fisher-man or other person whatsoever shall cast bring or cause to be brought any Carrion Soil Gravel Rubbish Sods of Earth or any other Filth or Annoyance whereby Banks and Shelves are raised and the common passage hindred to the great danger of Fares Boats and Barges passing to and fro upon the said River Nor that no Fisher-man or other shall drive or cause to be driven any Piles Stumps or Stakes within the said River of Thames upon which the like mischief and dangers may arise until such time as they be lawfully licensed so to do upon the like pain and penalty as aforesaid 12. Item That no Fisher-man or other shall presume to take up any Rack or Drifth upon the water of Thames without notice given thereof to the Water-Bailiff or his Substitute within convenient time he satisfying him for his pains as shall be reasonable and thought fitting nor shall conceal and keep secret the said Rack or Drifth from the said Water-Bailiff to the end that such order and care may be taken therein as hath been accustomed according to the Laws and Ordinances ordained for the preservation of the said River upon like payment and penalty 13. That no Fisher-man or other shall fish with any kind of Net or use any Angle-rod with more then two Hooks upon a Line or saw or scratch for Barbel within the Limits of London-Bridge or shall use any other Engine nearer unto the Bridge then St. Botolphs Wharf and the Bridge-house Wharf on the East side nor nearer on the West side then St. Mary Overies Stairs and the Old Swan upon the pain of imprisonment at the discretion of the Lord Major and Sx shillings eight pence to the Chamber of London 14. Item That no Peter-man shall at any time hereafter fish or work with any manner of Net upon the said water Westward farther then Richmond Crane unto which place or near thereabouts the water ebbeth and floweth for that the Fishing beyond that place hath caused a great destruction of Fish upon pain of forfeiture of Twenty shillings for every time they shall so offend and farther punishment according to the quality of his Offence 15. Item It is ordered that no Peter-man shall hereafter at any time of the year take the Tides above Richmond nor go in company together it being found very prejudicial and hurtful both to the River and Fisher-men and nothing available for the furnishing of any Markets nor shall go to fish more then five together in one company between Richmond and London-Bridge upon pain of forfeiting for every time Ten shillings and imprisonment during pleasure 16. Item That no Peter-man or any other take any Flounders or any other short Fish which they have usually called Kettle-fish not being six inches of assize being found to be to the great destruction of the Fish upon the like penalty and pain 17. Item That whereas many inconveniencies have heretofore risen to the River of Thames by divers Fishermens keeping of Boys who had neither sufficiency to take the charge of Fishing nor bound Apprentice to the same Therefore from henceforth it shall not be lawful for any Fisher-man to keep two Boys in one Boat unless the one of them be at mans estate or thought sufficient by the Water-Bailiff to take the charge or else that one of them be an Owner Nor that no Fisher-man from henceforth do take any Apprentice to the said trade of Fishing unless he first enter his name into the Register-Book of the Water-Bailiff of this City kept for that purpose nor under the term of seven years and that after the expiration of his said term he likewise come again before the said Water-Bailiff to be by him admitted a lawful Fisherman as of ancient time hath been accustomed upon like payment 18. Lastly That every Fisher-man upon the River of Thames from London-Bridge unto Stains-Bridge shall once every year viz. upon St. Paul's day being the Five and twentieth day of January appear before the Water-Bailiff of this City at the Chapel of the Guild-hall by Ten of the Clock in the Forenoon of the same day there to enter their several names
into his Register-Book kept for that purpose And farther to hear the Orders and Institutions ordained for the preservation of the said River to be openly and publickly read to the intent that they and every of them may the better perform the same upon pain of Six shillings eight-pence for every default so made And if any man whatsoever Fisher-man or other shall contemptuously or stubbornly resist the Water-Bailiff being Sub-Conservator under the Lord Major in the due performance and execution of his said Office he shall make such Fine or be imprisoned at the discretion of the Lord Major for the time being as unto his Lordship shall seem most fitting Articles to be inquired upon by the Jury for the River of Thames Eastward INprimis You shall faithfully and truly present without any respect all such persons Fishermen and others as do prophane the Lords Sabbath in their unlawful Fishings and going forth that day to their labour being to the high displeasure of Almighty God and availeth not to the furnishing of any Market And if any such Fisherman have gone forth to fish having been at home before Sunday at night Sundown you shall faithfully and truly present them 2. Item Trincker-men That no Trincke shall stand for Smelts till the One and twentieth day of October yearly and so to continue until Good-Friday following And to use no manner of Net for Smelts than full two inches in the fore-part inch and a half in the second part and in the third part which is the Hose or God inch and quarter wet and dry And the Hose not to exceed eleven foot in length and in compass sixty Meishes and not above And five Hoops placed a foot and a half asunder in the said God the last Hoop to be placed within two foot of the end of the God and each Hoop to be a foot and a half over every way upright within the Hoop and not otherwise 3. Item That no Trincke shall stand to Fish above Nine Tides in the week viz. three Tides against Wednesday three Tides against Friday and three Tides against Saturday Market and so likewise 3 Tides against Saints Eves other Fasting days and then to wash hale up go home with their said Nets and Boats every Saturday morning to their own Houses And in Lent time they may stand every day the Sabbath day excepted 4. Item That no Trincke shall stand in any Byrth more than is allowed him to stand but shall stand in all such several places and in such manner as hereafter followeth and in no other place That is to say He shall keep his Cooplement At Blackwal Ferry two one Breast or front and no more At Ley shelp two and no more At Woolwich shelp two and no more At Woolwich Town five and no more At Gallions nasse three and no more At Buzards-bush five and no more At the East and West end of Barkin shelp two at each place and no more At Dagnam shelp six and no more At the Carrick four and no more At Julian tree job three and no more At Dartford job three and no more At the Bight at Ereth nasse three and no more At Stoke-fleet nasse alias Stakes end five and no more At Avely hole five and no more At Purfleet five and no more At Grayes Thorock six and no more At the two Thoroughs three and no more And every Trincke to keep his true Cooplement and to stand no more in a Byrth 5. That no Trincke shall stand to fish for Whitings till the Ember-week before Michaelmas yearly and to come no higher then Purfleet and to have the Hose or Cod of his Net full inch and a half And upon Saturday Sun up to wash off his Net hale up and go home and not to return to his labour again till Monday morning day-light And so likewise shall every Fisherman do from London-Bridge Westward to Gravesend-Bridge in the East and not otherwise 6. Item That no Trinckerman or other Fisherman shall buy any Trincke or take to receive any Copy under the Seal of the Office of Majoralty until he be allowed and thought fit by the Lord Major of London or by his Substitute the Water-Bailiff for the time being with the general liking and consents of the said Company of Trincker-men and seventeen Trinks allowed and no more 7. Item That no Trincke shall stand to Fish before any breach mouth at the rising or sinking of any mother-fishes or in the time of Spawn or Brood of Fish and that every Trincke shall at all times and seasons take up and carry away his Anchor at the time of his leaving off from fishing and not leave his said Anchor behind him to keep his Byrth contrary to the ancient Order and Custom 8. Item That each Trincke shall every dark and foggy night hang forth out of his said Trinck-boat one Lanthorn with sufficient Candle light for the better and safer passage of Ships Boats and Vessels passing to and fro upon the said River And that every Trincke Cable be no more then twenty fathom long at the most or any Henbilt above twenty two fathom And likewise to have a Warpe of forty fathom to sheer off and give way if any Ship Crayer or other Vessel shall chance to drive upon them 9. Item That every Trincker-man shall one week before his going forth to Fish come up to the Chapel of Guildhal London and there appear before the Water-Baliff as well to receive leave and licence for their going forth as also to hear the Orders and Institutions ordained for the preservation of the said River to be there openly and publickly read to the end that they may the better observe and keep the said Orders and every thing therein contained 10. Item That no Hebber-man Hebber-man shall fish for Smelts before the twenty fourth day of August yearly and so to continue till Good-Friday And that no Hebber-man shall fish in any Haven Creek Breach or Issue with any Net of less Assize than three inches for Flounders from the Feast of Easter until the said twenty fourth day of August yearly And shall likewise appear before the Water-Bailiff of London at the Chapel of Guildhall there to receive leave and licence for their said going forth And that the Meish of their said Smelt-nets be full inch wet and dry and not otherwise 11. Item That every Hebber-man shall fish by the shore and pitch their Pole at half Ebb and shall have but forty fathom Rope allowed from the pitch of their Pole into the River and not to lie a floring or flatting for Smelts between two Anchors in the middest of the stream nor shall have any kind of weight of Lead Iron Stone Barrel Firkin Kilderkin Cask or with any Wherry or other Device Nor shall fish from Good-Friday till Bartholomewtide yearly betwixt London-Bridge and Graves-end with any Net under two inches except with a Wade-net for Bait only 12. Item That no Hebber-man shall
work any higher for Whitings than Dartford Creck and to work with no manner of Net for Whitings of less Assize than full inch and half wet and dry Nor shall go forth to take any of the said Whitings yearly until they be lawfully licensed by the Water-Bailiff of London before whom they are severally to appear at the said Chapel of Guild-hall London one week before Gang-tide yearly Trawler-man 13. Item You shall present the names and sirnames of every Trawler unto the Lord Major of London or his Substitute the Water-Bailiff for the time being And that no Trawler shall fish above Holl Haven on the North-side and Porsing on the South-side till a fortnight after Michaelmas yearly and all the Summer to use no Net for Soals under two inches and a half in the Cod being two yards long and the rest of the Net to be three inches And no Trawler to work in Tilbury-hope after Michaelmas with any manner of Net under four inches for Plaice all the Net over And no Trawler to come upon any Trawl with any other Net at any time of the year 14. Item To present all such as have pitched set or erected any Riff-hedge or Half-nets upon stakes or otherwise within the full sea and low water being an Engine utterly to kill small fish and what Landmen they be upon Kentish shore or in any other place within the waters of Thames and Medway that do or have used the same 15. Item That no Trawler do stay abroad to fish after Whitsontide against Wednesday Market till Bartholomewtide yearly nor that no Trawler do fish in Tilbury-hope upon the Saturday after Sun rising but to wash off hale up and go home as all other Fishermen ought to do and according to the old and ancient Custom of the River of Thames and waters of Medway 16. Item That every Trawler upon the River Eastwards do yearly appear before the Water-Bailiff of London at the Chapel of Guildhall one week before their true times and seasons of going forth to fish then and there to receive leave and licence for their said goings forth and to hear the Orders and Institutions ordained for the preservation and government of the River of Thames to be there openly and publickly read to the end that they may the better observe and perform the same 17. Item That no Trawler that hath or doth use to Trawl to take Soals Chate Plaice or Thornback shall take or bring any such fish to any Market or to any Country Town to sell except they contain the assize as followeth That is to say every such Soal Chate Plaice and Thornback to contain in length seven Inches with the head and tail and not under 18. Item That no Dragger-man Dragger-man that hath or doth use to drag for Shrimps shall go forth to fish till the first day of November yearly and to continue till Good-Friday Nor shall use any such Drag at any time of the Year above Maggot Nasse on the Southside and Stakie-Brake Creek on the Northside and not otherwise And that every Dragger-man shall upon the first day of November yearly appear before the Water-Bailiff of London to receive leave and licence for going forth Shadders 19. Item That all manner of Fishermen whatsoever that use to take Shads in Shadding time shall observe and keep their true order of shooting a Droves length off from one another and to present what disorder is kept amongst them both in going forth upon Sundays or otherwise And that none of the said Shadders shall go forth to fish until they have received leave and licence of the Lord Major of London or his Substitute the Water-Bailiff for the time being their true time of going forth to be the week before Easter yearly and not before 20. Item That no Peter-man Peter-men whatsoever from London-Bridge in the West as far as the River of Medway in the East shall fleet for Flounders with any Rugge-net in the night time from Sun going down until day light the next morning betwixt Michaelmas and Christmas because in the night time they make great destruction of small Flounders and carry them away both unseen and unknown Nor that no Peter-man do fish with any Hagan or Smelt-net below London-Bridge at any time of the Year 21. Item That no Peter-man or other person whatsoever shall fish betwixt London-Bridge and Limehouse Nasse with any manner of Net to fleet beat or rugge at any time of the Year except for Shads only Nor that no Peter-man do rugge from London-Bridge to Blackwall and so Eastward from Michaelmas yearly till Whitsontide but only three Easts at high water and three casts at low water in an out and every Rugge-net is to contain two inches three quarters in the Meish wet and dry and every Bley-net two inches and a half throughout wet and dry 22. Item That no Fisherman or other person whatsoever shall lay down in the River of Thames Eastward any Smelt-leaps Smelt-leaps before St. Paul's day yearly and so to continue till Good-Friday next following and no longer Nor that no Fisherman or other person shall lay in the said River any more than only one wand of eighteen and no more and not to lay them down until they be lawfully licensed thereunto by the Lord Major or Water-Bailiff and none to use them but Fishermen and Housholders 23. Item That no Fisherman or other person shall lay in the said River of Thames any Eel-leaps Eel-leaps till fourteen days after Easter yearly and so to continue until Michaelmas next following Nor shall lay any more or greater quantity than only two dozen and no more Nor shall lay any of the said Eel-leaps until they be lawfully licensed thereunto as aforesaid and not otherwise 24. Item That no Fisherman or other person whatsoever shall use upon the River of Thames at any time of the Year any Spear called an Eel-spear Eel-spear or any other kind of Spear whatsoever for that they are great destroyers of young brood and other kind of Fish in great abundance and therefore altogether unlawful no man to use them upon pain of Imprisonment and further Fine at the discretion of the Lord Major 25. Item You shall further inquire Fore-stalling and true presentment make of all such persons as do use to go down the River to buy up either Fish Victuals or other Commodities before the same cometh to Billingsgate and other Keys being known and appointed places of sale vent and discharge thereof if you know any such you shall present who they be and how often they have so done 26. Item That no Fisherman or other person whatsoever Fish out of season shall work with any manner of Net or Engine whatsoever to take or kill any Dace or Roch from the Tenth of March till the Tenth of May yearly for that they do then shed their Spawn Nor that they take or kill any of the said Dace Roch or
other kind of Fish out of their due kind or season nor except they contain in length according to the true scantling and assize and not otherwise 27. Item You shall further inquire Soil and Rubbish and true presentment make whether any Butcher Brewer Inn-keeper or any other person or persons as well within the City of London as in any other Country Town or Village as far as the Liberty of the Lord Major extendeth have cast or put into the said River any Panches Grains Horse-dung or any other Rubbish Soil or Filth whatsoever to the very great annoyance and hurt of the said River on pain of Imprisonment and further fine at the discretion of the Lord Major of London If you know any such you shall present them 28. Item You shall further inquire what Royal Fishes Royal fish have been taken within the Iurisdiction and Royalty of the Lord Major of London as namely Whales Sturgeons Porpusses and such like and to present the name and names of all such persons as shall take them to the Lord Major of London for the time being 29. Item That no Fisherman or other person whatsoever shall lay in the said River of Thames any Lampern Leaps to take Lamperns before Bartholomew-tide yearly Lampern rods and so to continue till Good-Friday nor shall lay any more or greater quantity then only one rod of forty fathom containing seven dozen of Leaps and not above Nor shall lay any of the said rods until they shall be lawfully licensed by the Lord Major of London or by his Substitute the Water-Bailiff for the time being 30. Lastly Because the number of Fishermen do daily increase and not only Fishermen but also a great number of Cable-hangers and Trades-men such as were never bound Apprentice to the craft and science of Fishing to the great hurt of the River and hindrance of Fishermen the said River being not able to relieve and succour the multiplicity of them being so great It is now ordained That every Fisherman dwelling near unto the said River that doth take and receive into his or their custody any Apprentice to the said Trade of Fishing shall within one Moneth next after repair unto the Water-Bailiff of London to have his Indenture written and engrossed to the end that after he may present him to the Chamberlain of London to be enrolled according to ancient Custom And not to receive any Apprentice under the term of seven years And at the end and expiration of the said term the Master of the said Apprentice do again present him to the said Water-Bailiff to be by him admitted and allowed a Fisherman And finally You shall inquire and true presentment make by the Oaths that you and every of you have taken whether any Fisherman or other Person whatsoever they be have with any manner of Net or Engine offended or misused himself in fishing within the said River or whether they have any manner of ways made destruction of the brood and fry of any kind of Fish therein contained contrary to the good and ancient Laws Ordinances and Constitutions of the said River of Thames And to make a true perfect and faithful Presentment of all other kind of Enormities Hurts Offences and Annoyances touching as well Fishermen as any other person or persons within the said Iurisdiction being any manner of waies hurtful or offensive to the same At a Court of Aldermen the Tenth of July 1673. an Order was made as followeth viz. THis Court considering the great Decay of the Fishing Trade in the River of Thames and conceiving That drawing the Shores of late so frequently practised is the chief Ground thereof as tending to the great Prejudice and utter Destruction of the Brood and Fry of all sorts of Fish did thereupon this Day strictly order and enjoyn That no person do hereafter presume to draw the Shores in the River of Thames upon any pretence whatsoever at any time or season of the Year either with lawful or unlawful Nets save only for Salmons in Rooms appointed and set out for that purpose by this Court And that none do fish for Salmons in such Rooms but only such as shall be impowered thereunto under the Seal of the Majoralty of this City And also that none fish with a Net under six Inches in the Meash upon pain that every Offender shall forfeit for every such Offence his Nets and pay as a Fine the Sum of Twenty pounds and suffer Imprisonment during the pleasure of this Court. And to the end more diligent and strict Search may for the future be made upon the said River than hitherto hath been or possibly can be by one single person for such as fish with unlawful Nets at unlawful Times and in an unlawful Manner The Water-Bailiff for the time being is by this Court ordered and impowered from time to time to authorize Two or more honest Fishermen in such Town and Places as he shall think convenient as well below as above the Bridge to be assistant to him in the Execution of his Duty And when they shall think fit to go out and search for any such Offenders and to take away their Nets and give their Names to Mr. Water-Bailiff that he may take effectual Care that they be severely proceeded against according to Law Wagstaffe The Title of the Lord Major of the City of London to and for the Conservacy of the River of Thames INprimis The Major of the said City for the time being and all other his Predecessors Governours of the same City time out of mind have had and exercised the room of Conservacy of the River of Thames and the correction and punishment of all manner of Fishermen and all other persons offending within the said River Item King Edward the Third by his Charter hath granted That the Citizens of London shall remove and take away all Kidels in the Water of the River of Thames and Medway and shall have the punishment to the King belonging thereof coming Item By the Statute made in the Seventeenth year of the Reign of King Richard the Second it is ordained That the Major of London for the time being shall have the conservacy of the Thames and put in execution the Statutes of 13 Edw. 1. and 13 Rich. 2. from the Bridge of Stanes to London and from thence over the same water and in the water of Medway Item King James by his Charter to the City Dated the 20th of August in the third year of his Reign takes notice of the Lord Major's Right to the Office of Bailiff and Conservation of the River of Thames in these words or to this effect Charta Jacobi Regis concessa Civibus Londini de Conservatione Rivi Thamesis inter alia geren ' Dat' vigesimo die Augusti Anno Regni sui Tertio JAMES by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. To all to whom our present Letters Patents shall
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