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
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
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
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
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
it shall happen that six Months after F. shall become indebted to W. or have Goods in his hands belonging to W. the Plaintiff by virtue of the Attachment made as aforesaid shall recover the Money or Goods he shall prove came to tâ—e hands of F. after the Attachment made The General Issue upon all Attachments being whether F. who is called the Garnishoe at the time of the Attachment made or at any time after had any Moneys or Goods of W. in his hands Thirdly An Attachment made in this Court must be there tried and cannot be removed nor tried in any other Court whereas an Attachment made in the Sheriffs Court may at any time before trial be removed into this Court by a Warrant signed by the Lord Major or Recorder which Warrant is called a Levetur Querela the charge whereof is 5 s. 10 d. and is made in this Form Levetur Querel ' inter W. B. Quer ' G. R. Defend ' Attach ' superindo fact ' in manibus P. W. praemon ' in pl'ito c. If it be an Action only to be removed the Warrant must be made thus Levetur Querel ' inter C. F. Quer ' J. W. Defend ' in pl'ito c. The Levetur Querela must be written by an Attorney of this Court for which he receiveth 4 d. and for his Fee 1 s. 8 d. and then must be delivered to one of the six Officers before mentioned to procure my Lord Major or the Recorder to sign the same for which 4 d. is due to his Lordship and is constantly paid And after the Warrant is signed the Officer must carry it to the Clerk of the Papers belonging to the Compter where the Action was entered and give him 2 s. 6 d. to allow the same Levetur and to certifie the Action or Attachment and the Officer for his pains hath 1 s. and so the 5 s. 10 d is distributed Fourthly An Attachment may be tried in this Court for 30 s. although the Concern be 500 l. But by reason of new Devices of Continuances in the Sheriffs Court the charge of a Trial there comes to much more The Court of Common Councel in London took notice thereof and in the Year 1669. in the Majoralty of Sir Richard Ford made an Act Intituled An Act for the better regulating of the Courts of Law in the Guild-hall London Which Act amongst other matters therein contained is as followeth BE it enacted ordained and established by the Right Honourable the Lord Major the Right Worshipful the Aldermen his Brethren and the Commons in this Common-councel assembled and by the Authority of the same That no person or persons be at any time hereafter admitted into any the Places or Offices of Secondaries of the Compters Clerks or Attorneys in the Majors Court Clerk of the Papers Clerk Sitters Attorneys in the Sheriffs Courts of this City Sergeants or Yeomen of the Compters but that he or they do first take his or their Freedom of this City according to former Acts and Orders of Common-councel And forasmuch as it is observed that the Clerks and Attorneys of the Majors and Sheriffs Courts of this City do breed and bring up under them a multitude of young Clerks taking with them considerable Sums of Money but for shorter terms than hath been accustomed within this City And the Attorneys Clerks and Officers of and belonging to the Sheriffs of London and the Sheriffs Courts do often tender themselves to the Defendants Arrested in the Sheriffs Courts to become their Bail whereby in case of the Defendants absenting himself all possible means are used to delay and disappoint the Plaintiffs in their just Suits to their great wrong and abuse of Iustice Be it therefore ordained enacted and established by the said Lord Major Aldermen and Commons in this Common-councel assembled anâ— by the Authority of the same That nâ— person or persons whatsoever be henceforth at any time admitted or capable to be admitted a Clerk or Attorney in one of the Courts of this City before he or they shall bona fide have served some Master-Clerk or Attorney in one of the Courts of this City as a Clerk the full term of seven years And that every or any Grant or Admission that shall happen at any time hereafter to be made contrary to this Act shall be null and void as if it never had been made and that no Attorney Clerk or Officer of or belonging to the Majors Court or Sheriffs or their Clerks or Servants nor any of them do or shall at any time from and after the Twenty third day of October instant presume to become Bail for any person or persons whatsoever in any Action Attachment or other Suit or Cause whatsoever that shall be entered commenced or depending in the Majors Court or Sheriffs Courts and that neither the Clerk of the Bails in the Majors Court nor Clerk of the Papers nor Clerk-sitters of the said Sheriffs Courts nor any of them nor their nor any of their Clerks or Servants nor any other whose Duty it is to take the Bails do presume from and after the said Twenty third day of October to take accept and enter upon Record any of the said Attorneys Clerks or Officers or any of their Clerks or Servants for the Bail of any person or persons whatsoever And to the end that the said City Courts as well the Majors as the Sheriffs Courts may be supplied from time to time with able and sufficient Iury-men be it further ordeined and enacted by the said Lord Major Aldermen and Commons in Common-councel assembled and by the Authority of the same That no person or persons whatsoever be at any time hereafter returned by any Inquests of the Wards of this City to serve as Iury-man or Iury-men either Grand or Petty in the Courts of this City but such men as either have been or for time to come shall be Subsidy men and so taxed in the King's Books or in Default thereof such other discreet and sufficient persons as shall be equal in Quality and Estate with them and that the Issues upon default of Iury-men Appearances be constantly levied and duly and truly answered And whereas the said Court called the Lord Majors Court is an ancient Court of Record wherein Causes both of Law and Equity and also Attachments are determinable and the same Court is Superiour to the Sheriffs Court and whereas also the Lord Major for the time being of ancient Custom and constant Practice hath and have whereof the memory of man is not to the contrary ever had Power and Authority by his Warrant called Levetur Querela to remove Causes from and out of the Sheriffs Court into the Lord Majors Court without any restriction or limitation of time so as the same Levetur he brought before the Iury or any of them summoned for trial of such Cause or Causes shall be sworn and whereas of very late time such Levetur hath been often disallowed
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
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
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
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
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
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