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A14576
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Orders enacted for orphans and for their portions within the citie of Excester with sundry other instructions incident to the same. Collected and set foorth by Iohn Vowell alias Hooker gentleman and chamberlaine of the same citie.
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Hooker, John, 1526?-1601.
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1575
(1575)
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STC 24888; ESTC S102499
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57,351
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98
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preseruation of the said Orphans and of their goods cattels dets legacies as in the Citie of LondoÌ„ heertofore hath béen vsed or ought to be vsed And that all and euery other thing whatsoeuer touching the said Orphans or their goods and cattels dets and legacies shal be executed and doon as in the said Citie of London before time hath béen vsed to be executed doon performed Be it enacted ordained and established by the Quéenes MaMaiestie our souerain Lady by the assent of the Lords spiritual and temporall and the commons in this present Parlement assembled and by the authoritie of the same that all and euery the graunts libertyes and articles contained in the said letters Patents to the said Mayor Baylifs and Communaltie of the said Citie of Excester by our said souerain Lady graunted and made mencioned and recited in this present Act to be to the same Mayor Baylifs and communaltie and to their successors by authoritie of this present Parlement ratified and confirmed in all points And that the said Mayor Bailifs and communaltie and their successors for euer shall and may quietly haue vse doo excercise and inioy all and euery the graunts libertyes priuileges powers authorities Iurisdictions actions vsages and other thingê what soeuer to them by the said letters Patents graunted as amply and in as large manner forme sorte and degrée as the true meaning of the Quéenes highnes was by the said letters Patents any Act or Acts before this time had or made or any other thing or matter what soeuer to the contrary in any wise notwithstanding Prouided alwaies that this Act or any thing therin contained shall not in any wise extend be preiuditiall or hurtfull to the right of any lawful warde or wardes of the Quéenes highnes her heires or successors or to the lawful warde or wardes of any other person or persons nor to the Bishop of Excester or to his successors nor to the Deane and Chapter of Excester nor their successors for or concerning any their liberties priuileges léetes or franchesies whatsoeuer béeing within the limits and bounds within the Countie and Citie of Excester aforesaid but that they and euery of them shall and may haue holde vse exercise and inioy the same libertyes priuileges courts léets and franchesies and euery of them in such like forme and condition to all intents as they or any of them héertofore lawfully had occupyed or enioyed or might lawfully haue had occupyed or inioyed before the making of this present Act in such maner and forme as if this Act had neuer béen ne made any thing in this Act to the contrary notwithstanding Prouided alwaies and be it enacted by the authortie afore said that all Recognisances which héerafter shall be taken and knowledged by any person or persons within the Countie of the said Citie of Excester touching or concerning any the said Orphan or Orphans goods or cattels shal be taken and acknowledged before the Mayor and xxiiij of the common councell of the said Citie or the more parte of them and that euery such Recognisance so taken and knowledged to any person or persons shall extend and be of force validitie and effect in law to all intents and purposes as Recognisances touching or concerning Orphan or Orphans goods and Cattels taken or knowledged within the Citie of London hath béen héer tofore vsed or accustomed and of no greater force strength and effect any thing héerin contained to the contrary not withstanding Nos autem tenores dicti actus ParliameÌ„ti nostri ac omnia et singula in eodem contenta ad requisitionem Maioris Balliuorum et Gomitatis Ciuitatis Exon duximus exemplificandum per presentes In cuius rei testimonium has literas nostras fierifecimus Patentes teste meipsa apud Westmonasterium tertio die Maij anno regni nostri quinto The Statutes decrees and ordinaunces made decreed and established by the Mayor and the xxiiij of the common councel of the Citie of Excester for and concerning the ordering of Orphans and of all such goods and Cattels as to them appertaineth within the Citie of Excester and libertyes of the same FIrst it is ordayned that what soeuer benefit dooth growe to the Childe of any frée man of the Citie of Excester whether it be by lands or goods or legacyes or whether it be from father or mother or straungers or whether the Parents liuing or dead the same shal be wholly in the order and gouernaunce of the Mayor and xxiiij of the common councel ¶ Also within one Moneth after the death of any frée man the Executor or Administrator shal be warned by an Officer therfore appointed called the common Cryer to appéere before the Mayor and xxiiij at the next Court day to be holden and then and there shal be bouÌ„den by Recognisance to bring into the Court at a certain day by them then to be appointed the last wil or Testament and Inuentory of the Testator and that before the Executrix if she be a Widow doo mary ¶ Also if the Executor so warned by the common Cryer to appéere at a certain day appointed before the Mayor and xxiiij doo it not or refuse to doo it that then he or they so refusing and not appéering to be committed to Prison and there to remaine vntil he doo enter in bond or Recognisance with sufficient suretyes to bring in the Wil or Testament and Inuentory in maner as is before declared ¶ Also it is ordred that when any Inuentory is to be made the Praysers of the goods of euery such Testator shal be appointed by the Alderman or his Deputie of that warde in whiche the Testator dyed and dwelled and which Praysers shall dwell also in thesame warde and before they doo make any praisemeÌ„t they shal be sworne to value and praise the goods indifferently ¶ Also the Inuentory béeing brought in by the Executor or Administrator at the day and time prescribed the said Executor or Administrator shal be sworne that the Inuentory is iust and true which othe is to be ministred by the common Sergeant ¶ The maner of the othe to be exhibited to the said Executor or Administrator is this You shall sweare that you haue truely presented and shewed foorth to the Praysers by the Alderman or his Deputy of the warde appointed all such goods cattels money plate Iewels houshold stuf wares merchandise Leases and what so euer other goods as were your last Testators you haue left out no money you haue charged him with no dets to be 〈◊〉 or desperate which you doo think in your conscience to be good dets but you haue doon all things vprightly and truely as an Executor ought to doo So God help you and by the contents of this booke And if he she or they doo refuse to be thus sworne that they by the Mayor be committed to warde ¶ Also when the Inuentory is receiued togither with the wil
¶ Per breue de priuato sigillo et de data predicta authoritati Parliamenti ¶ An Act of Parlement for the confirmation of the Charter of the Citie of Excester for the order of the Orphanes within the same ELIZABETH A DEI gratia Angliae Franciae et Hiberniae Regina fidei defensor c. Omnibus ad quos presentes literae peruenerint salutem Inspeximus tenorem actus Parliamenti nostri nobis in cancellariam nostram virtute breuis nostri missi et in filacijs eiusdem cancellariae nostrae residentis in haec verba In ParliameÌ„to tento apud Westmonasterium xij die Ianuarij anno Regni serenissime ac excellentissime Dominae nostrae Elizabethae dei gratia Angliae Franciae et Hiberniae Reginae fidei defen soris quinto communi omnium Dominorum tam spiritualium quam temporalium et coÌ„itatis assensu et dictae Regiae Maiestatis tum presentis consensu inter alia sancitum inactatum et ordinatum fuit presens hoc Statutum videlicet For the confirmacion of diuerse libertyes graunted by letters Patents to the Citie of EXCESTER WHere our moste gratious Soueraine Lady the Quéenes Maiestie by her letters Patents vnder her great seale of England bearing date at VVestminster the xxj day of February in the third yéere of her highnes reign for the looue and fauoure whiche she did beare to her loouing Subiects the Mayor Balifs and Communaltie of her Citie of Excester wishing and much desiring the common weale of the Mayor Baylifs and communaltie of her said Citie dayly to be reformed gouerned and augmented and also willing the faith obedience and seruice of the said Mayor Baylifs and communaltie of her said Citie to her moste deer brother Edward late King of England performed and doon in a certain Rebellion and siege against her Chamber of the said Citie mooued by certain then Rebels against their faith and obedience in the parties of Deuon and Cornwall not to be vnmindefully forgotten but rather that their faith obedieÌ„ce and trueth should be kept in a perpetuall memory aswel for the afore said as for other considerations her moouing of her speciall grace mere motion and knowledge emong other things hath graunted for her her heires and successors to the said Mayor Baylifs and communaltie of her highnes Citie of Excester afore said and to their successors That euery Shirif or Shirifs of the Countie of her said Cittie of Excester from thencefoorth for the time béeing for euer shall make constitute and haue from yéere to yéer one vnder shirif of and for the execution and occupation of th' office of vnder Shirif within the Countie of Excester aforesaid in such maner and forme as her Cities of London and Bristol or either of them hath or hath had And that the said vnder Shirif Clarks and Officers of the Shirif of the Countie of the said Citie of Excester for the time béeing may continue and exercise their offices aforesaid from yéere to yéere as other vnder Shirifs Clarks and officers of her Shirifs in her Cities of London and Bristol or in either of theÌ„ might and may without any forfaiture pain or penaltie any Statute ordinance or prouision to the contrary notwithstaÌ„ding And where also her moste excellent Maiestie by the same her letters Pattents emong other things of her méere abundaunt grace desiring to prouide for the education bringing vp defence and gouernance of Orphanes and Infants which then were or héerafter shall happen to be in her said Citie of Excester that their goods and cattels from hencefoorth for euer and from time to time for euer should be faithfully and iustly kept without spoile or destruction of the same and that the said goods and cattels should be imployed and disposed to the best vse and profit of the same Orphanes and Infants Of her speciall grace méere mocion willed and by her said letters Patents for her her heires and successors graunted to the said Mayor Baylifs and communaltie of her highnes said Citie of Excester to their successors for euer That the Chamberlain of the said Citie of Excester and his successors for euer with the concent assent and aduisement of the said Mayor and xxiiij of the common councel of the said Citie of Excester or the more parte of them which for the time shal be may receiue of all and singuler persons to whom the kéeping of the goodê or Cattels of all such Orphans and children shal be committed and of their mainpernors Recognisance or Obligations of and for such summes of money to the same Orphanes and Children due or to be due at certain termes to be paid And that the same summes of money in the Recognisaunces so by the Recognitors afore said recognised contained of the Lands tenements and cattels of the same Gardians and their mainpernors whatsoeuer within the Countie of her said Citie béeing so leuyed to the vse of the said Orphanes and Children to whose hands so euer those lands tenements should come and the same shall deliuer or cause to be deliuered to the same Orphanes or Children to be fréely as their frée holde according to the forme of the statute made at Westminster concerning such Recognisances And that the said Chamberlain of her said Citie of Excester for the time béeing and his successors shall haue from hencefoorth for euer the kéeping and gouernaunce of all and euery the Orphans of what so euer Citizens within the said Countie of her Citie of Excester And the same Chamberlain of the said Citie of Excester and his successors shal haue authoritie facultie and power to receiue leuy gather sease kéepe and cause to be kept in the common Treasury of her Citie of Excester afore said all the goods cattels and legacyes whatsoeuer within the Countie of the Citie of Excester aforesaid happening arising found or béeing of what soeuer Orphanes of any Citizens of the said Citie from thence foorth happening to dye And the same goods and Cattels dets or legacyes of the said Orphanes to the best vse comoditie and profit of them by the Mayor and xxiiij of the common councell for the time béeing or the more parte of them and by the Chamberlain of the said Citie of Excester to be turned and imployed as in her Citie of London it is vsed and accustomed And the same goods and cattels dets and legacyes they shall pay and deliuer to the same Orphanes at suche age and in the same maner and forme in all things as in her Citie of London héertofore in that behalfe hath béen vsed and accustomed And that the said Chamberlain of the said Citie of Excester and his successors for the time béeing shall haue all and such actions sutes and remedyes for the withdrawing and rauishing of any Orphane within the Countie of the said Citie of Excester happening and for the recouery of any their goods cattels dets and legacyes and all and such officers for the better gouernance and