¶ ORDERS Enacted for Orphans and for their 〈◊〉 within THE CITY OF EXchester 〈◊〉 sundry other ●●structions incid●●●● to the same Colle●●●● 〈◊〉 forth by john Vowel alias Hooker 〈…〉 ¶ Psalms 82 〈…〉 IMPRINTED ●● LONDON by 〈…〉 ❧ TO THE RIGHT WORshipful, grave & prudent, the Mayor and Senator's OF THE ANCIENT AND HONOURABLE City of Excester. john Vowel alias Hooker▪ gentleman and Chamberlain of the same, wisheth a prosperous and a happy government, to the benefit of the public wealth and increase of Worship. THe Inditers and Recorders of things done in the former ages and old days (Right worshipful) do in their writings testify and affirm that the first man being for his transgression driven out of the garden in Eden, e'en. 4. his whole posterity become to be vagabonds, runagates and night-wanderers upon the face of the Earth: and their life & conversation being amongst the beasts of the ●●eld, was salvage, loose & disordered, for why? as it is writ●en. Nulli tunc hominibus inter se fines neque agrum excerce●●nt, Domus illis nulla, nec tectum, nec sedes fuit, Instil armenta 〈◊〉 pecora semper pascentibus et perincultas solitudines erra▪ 〈◊〉 solitis. And then were they subject to all perils and 〈…〉, for self ●●ill then bore the rule, violence than carried 〈◊〉 sovereignty, & oppression directed all things: according 〈◊〉 Plutarch saith Seculum 〈◊〉 Homines edidit, 〈…〉 pedum vel●citate, et corporum viribus, 〈…〉 atque invictos sed qui●●s naturae dotes, ad nullam 〈…〉 imo arroganti● 〈…〉 sevitia et feritate opprimendum, quicquid in eorum manibus inciderat. But at length & in process of time, men waxing weary to endure and continued such, so many, and so great inconveniences, were very desirous of some better kind of stay & assuredness of life: and therefore began to devise and to consult, how to provide a remedy for this disease, & salve for this sore: but yet could find no way so ready, nor help so good, as to be reduced to some kind of government, for as Patricius writeth. Cum esset nemo, qui pro communi utilitate laboraret, Patricius de institutione lib. 1. tit. 10. aut multitudinis curam ageret, sed errabant omnes tanquam oves absque pastore, cogitandum fuit ut esset aliquis qui alijs preesset, cunctos regeret, ac communi utilitati et commodo studeret. And therefore they made choice of such as were most wise, discreet and valiant among themselves, whom they appointed to be their Rulers to go before them, and unto whom they yielded and submitted themselves, to be directed and ruled after their wisdoms. Cum enim premeretur multitudo initio, Cicero officiorum. lib. 1. ad unum aliquen virtute● prestantem confugiebant, qui aequitate constituta, summos cum infimis pari jure teneret. Thus were men in the beginning called to be governors, and chosen to be Rulers, not through pride or violence, nor yet by any sinister means. Sed quos spectata provehebat moderatio, et qui virtute sermone● atque fortitudine caeteris prestarent, li. 1. ac probitate et moribus integri essent. The author of the Chronica Chronicarum declareth three special causes why men were thus enforced at the first. The first was necessity, because the life of Man was subject to many perils. The second was 〈…〉 man being equal and in like estate and degree, and wanting right judgement: they lived in contention and 〈…〉 a superior to direct and decide their causes. The 〈…〉 Fortitude, that such a one as was more valiant than the rest might defend them against the enemy and the oppressor. Cronica cronicorum. Et ideo eligebatur aliquis vir bonus ceteris iustior ac probior, qui communitati presideret, vertuosoes promo veret, mediocres defenderet et malos coherceret. Governors and rulers thus being constituted, they did forthwith endeavour themselves to satisfy the trust, and to perform the charge committed unto them, and first therefore they seek out to provide meet and convenient places where to seat and settle themselves in, for their safe dwelling together, and from the communion of the beasts of the field, unto which before they were accustomed: for as Vegetius sayeth. Vegetius de re militra lib. 1. Agrestem incultanque hominum vitam, in initio seculi, a communione Brutorun animalium atque ferarum urbium constitutio discrevit. And because they were wunt to enclose and entrench the same with a round ditch, the place was called Vrbs. Ab orb, qua antiquae Vrbes in orb fiebant: Isodo lib. 15. Etymo. ca 2. or Ab orbo, ea videlicet part aratri, quo designabantur muri, locus enim futurae Civitatis sulco vel aratro designari solebat. And so did Romulus when he chose out a convenient place where he and his people would dwell. Fossam rotundem duxit, Plut. de Ro. qua urbem amplecti statuerat. And then the people thus collected and dwelling together, laws began to be devised, orders to 〈◊〉 made, and good ordinances to be established, how the ●ommon state should be directed, and how each man should ●iue in his art and calling. And then that which in respect of the place and building was named Vrbs, is now called Civitas, in respect of a multitude of people assembled and collected together to the end to live orderly and in good order. Est Civitas hominum multitudo, Isidor. Et●● lib. cap. ●●tricius 〈…〉 societatis vinculo adu●ata. Or as others define it. Est Civitas hominum collecta ●ultitudo, ad bene iureque vivendum communibus decretis sub eadem lege viventium. And the manner of their life, the good constitutions and policies was named Respublica. Plato libro de ●e finitionibus, So that Vrbs is the place, Civitas the men, and Respublica the politic constitutions and the life well ordered. But here by the way I cannot a little muse at them which would and needs will have that a City should take his name of a Bishop's seat or Sea, and that all Cities had their being and beginning from and of Bishops, and therefore there is no City but where is a Bishop: but how far this is fetched and how unlike: I may refer it to the Readers own consideration, for long before any Bishops were had or known, there were Cities, as Troia, Room, Carthage, Athenes and many others, and also this City of EXCESTER, which was besieged by Vespasian the Roman captain anno .49. almost xxiv. years before the destruction of Jerusalem, Gaufrede Huntyngd. and every of these was named Civitas: and moreover when Bishops in this land were first constituted, he who was Bishop of this diocese of DEVON had his Sea at London, Polichronicon Matheus Vestmon Dicetus. and after in the time of king Kingilphus anno .636. at Dorchester, and from thence anno .705. removed unto Shireborn. And in process of time when every particular Province, had his particular Bishop, than Werstanus being Bishop of Devon had his Sea at Bishops Tawton, and after at Crediton. And Herstanus Bishop of Cornwall, had his Sea first 〈◊〉 Saint Germans, then at Bodmin, and lastly removed 〈◊〉 Crediton: and yet nor Dorchester, Shirborne, Tawton, Cre●diton, nor Saint Germans, nor Bodmin, were ever any Cities that I could read of. But to the matter from whence I degressed, I say that governors and Rulers being appointed, than laws and Ordinances were forthwith ordained by the Rulers: as Sem who builded the first City after the flood then called Salem, but sithence & now Jerusalem, Exodus. 2● the chief City of the jews, he and after him Moses and others the governors over the jews, did prescribe most godly laws: Plutarch. de Theseo, aswell for their directions in Religion, as for policies and moral life. Theseus when he had gathered and assembled into Athenes, his people to reside within the walls thereof, who before, lay scattered abroad in the fields, he first instituted orders for Religion. Ab dijs auspicatus remp, digessit. And then established such orders and ordinances as were necessaray for common order of life, and by those means, that City in process of time, was so fraughted with wise men, & did so flourish with good letters: that for learning and knowledge it become and was the Treasury of the whole world, and from whence the City of Room, and all other well governed common wealths took a pattern of good government. Romulus was at the first a ruler and captain of all the Pirates and ruffians in those parts of Italy where he first resided, Idem de Romulo. and of such (as some say) as came from out of Greece after the destruction of Troia, who having reduced them into one society, and placed them within the City of Room (which he had of purpose builded for them) he made and instituted laws first for Religion and then for policies: and by the means of the strait & due keeping thereof, it did so increase, prospero and flourish: that it become the Monarchy of the whole world, and therefore sayeth Sallust. Nolite existimare Maiores nostros armis remp, ex parva magnam fecisse, Salustius in Catelina. sed do mi industria foris justum imperium, et animus in consulendo liber neque delicto neque libidini obnoxius. Lycurgus the governor of the Lacedæmonians, who were a salvage, fierce & a barbarous nation, Plutarch▪ de Licurgo minding to reduce ●hem to some better order and frame of life: first 〈…〉 old and former corrupt usages among them, and 〈…〉 new ordinances. In quibus nullum iniuriae, nullum iniquitatis erat vestigium, sed ad justiciam rectamque rationem, sunt omnia composita. And that City by that means grew to so perfect a common wealth, that it was the Spectacle of all Grecia, and did so much prospero by the due keeping of Lycurgus laws: Quod principatum tenuit totius Greciae, quingentorum spatio annorum. For all Greece stood at their devotion, they for their valiantness being much feared, and for their just and upright dealing most beloved: in them it lay whether it should be war or peace. Such commodities they received and such fruits they reaped by the due keeping and observing of Lycurgus laws, according to the answer of Apollo. For Lycurgus after that he had established and made those his laws: he went unto the Temple of Apollo in Delphos, and there asked (as the manner was then in all doubtful matters) whether the laws which he had made were sufficient to maintain & keep the common state and City of Sparta: who was answered that the laws were very good & excellent. Gaufrede. Flores histo. Polychronicon Grafton. Et Civitatem, quousque Licurgi legibus viveret, permansuram clarissimam. Brutus the son of Silvius the son of AEneas (as our english Chronicles do affirm) being after the destruction of Troia driven to seek adventures: he & his nephew Corinaeus, with a great troop of their followers, came & arrived in to this land now named England, & having conquered and recovered the same from out of the hands and possessions of the Giants, who then inhabited this land. Corinaeus had allotted unto him for his portion, the West parts thereof named Cornwall, Baleus. and then they builded each of them a City. Brutus in remembrance of Troia, builded the city of London, then by him named Troynovant or new Troia. And Corinaeus 〈…〉 City of EXCESTER, (which as some write) he then after his own name called Corinia, both which Cities were then and have been sithence so fraughted with good laws and so well governed by prudent Magistrates, that they have continued for the course of many hundreds of years unto these presents. And albeit they have sustained much troubles, endured great afflictions, abiden many storms and oftentimes in peril and danger of utter ruin and destruction, yet they being laid upon the sure foundation of obedience, justice and concord: they were never subverted, Math● 7. be not unlike the house builded upon the Rocks, for though the Rain fell, the floods came, the winds blue and did beaten upon the house, yet the same fell not. Quia fundata est super petram. By these and sundry other like examples it is apparent that as Cities and common wealths were first founded upon good government and common society, for as long as they yielded to the one, and maintained th'other, they prospered, and men become then not only valiant and strong, being able to withstand the enemy: but also wise, politic and wealthy, able to maintain the common society, and the private family. Such are the fruits of good government, in the magistrate, and of dutiful obedience in the Subject, and of the maintenance of the common society in all men. For as the soul giveth life to the body: so doth la dirict the Magistrate and Subject and keep all things in due order, and thereby give life to a City or common wealth, all which do perish without it, as the body dieth being deprived of the soul. And therefore when soever any City doth decline from the rule of good government in the Magistrate, of dutiful obedience in the Subject and of contempt of laws: then be assured, that ruin and destruction of the state ensueth. The most famous City in all the world, Jerusalem by name, where God as the Prophet sayeth was honoured. Psalm. 67. Notus in jehuda deus, et in Israel magnum nomen eius. Where the la was taught, and from whence salvation was spread into all the world, when with vnrepenting hearts they forsook Gods true Religion, Mark. 13. contemned their governors, slay their Prophets, fell at civil division and strayed out of all good order: then was God's anger inkendled against them, great plagues poured upon them, Luke. 19 and in the end the City utterly destroyed, and according to the prophecy not one stone left standing upon an other. josephus de bello judaico And the people without all pity were either destroyed, or miserably carried into captivity, & those few which did and do remain: are loathsome to all men, being become Vagabonds upon the face of the Earth, having no certain place wherein to stay and reside. The City of Sparta so long as they stayed and endured in keeping of Lycurgus laws: Plutercus de Licurgo. their common wealth flourished and their City prospered, but when they began to contemn their Ephoros, to neglect their laws, to be at division, to be covetous, and to live out of all order: that mighty kingdom and famous estate, in short time was overthrown and the whole City subverted. The famous City of Room, to whose Empire the whole world was subject, as long as each man lived in his estate, and regarded the common wealth, before the private profit: all things went well with them, but when climbing minds and ambitious heads would rule the roast, when the common state was neglected, and private profit preferred, when covetousness ruled, and the common society dissolved, when no laws were regarded, nor justice executed, when these pestilent diseases were entered the Town and had infected the City: Civitas est immutata virtusque hebescere cepit, Salustius in C●telina. ac imperium ex iustissimo et optimo crudele atque intollerandum factum est. And in the end that most noble state and well governed City brought to nothing. What shall I speak of Troia, Athenes, Carthage, and a number of other famous Cities and common wealths, which by like disorders are come to the like confusions. For as the wise man saith, prover. 11. where the righteous man ruleth and the wise man doth govern: the City prospereth and is exalted. But forasmuch as it hath pleased God to prospero the state and common wealth of this City (which is now under your government) albeit it have in times past abiden many storms, endured great calamities, sustained sundry injuries, and being subject to many enemies hath been sometime in peril and danger of utter destruction: yet it hath pleased God of his good will to deliver and rid the same from out of all those perils and in mawgre of all their enemies, hath preserved the same from the time of Brutus even to these our days, the same being the course of ij. thousand and almost seven. hundred years. Psalm. 127. As you have good cause to be thankful to God for the same, who unless he do keep the City, Frustra vigilat, Qui custodit eam: So are you to endeavour yourselves to continued & follow in the steps & paths of your so worthy predecessors and prudent ancestors, and to be careful and vigilant that your government may be as was theirs in true judgement and justice, free from all covetousness and voided of corruption, for why? you are not only the fathers of this common wealth: but you are Patres conscripti, et Patres iurati, fathers for your wisdom, truth & diligence, appointed, called and chosen to this estate, before the rest of all your Citizens: you have obliged yourself with a solemn oath, and bound yourselves with an open vow to satisfy your charge and calling. Therefore on your parts nothing is to be omitted nor left undone, which in any respect may tend to the maintenance of your City or preservation of your common wealth. And surely I being many times privy of your doings and present in your counsels, must needs testify & witness your continual cares and daily studies in this behalf: which as they are known in many things: so in no one thing doth the same more appear, then in the care which you have for the Orphans and Fatherless children, for whose preservation and good education, you of late have procured a special la and statute for the same, binding yourselves now by an oath and of duty to perform that which before was but voluntary and of courtesy. And I (considering with myself how necessary it is, that that which toucheth all, might be understanded and known of all) have thought good under your favours to bestow some pains & travel herein: for if any one thing is above an otber to be respected and tendered in the public weal: it is the care to be had of young Orphans and fatherless children. Who being destituted of their own natural parents: are to be provided for, now by the common Fathers of the common weal, whose making and marring lieth now in their hands and devotions, and by their cares and industries, to be framed, to be well employed in the common wealth, or by their slackness and negligence, to be in peril and danger to be spilled and cast away. Man in the latin tongue is named Homo of the word Humo which is earth: For of Earth man was first made and framed, but where and in what place: the Egyptians and Scythians do contend either of them, claiming the property thereof, justinus li. 2. but where soever it was, certain it is that of Earth it was and Earth he is. And the nature of Earth is, that being it never so fine or fertile, yet of itself it bringeth forth nothing but brambles and briars, Gene. 3. as God said unto Adam, thorns and thistles shall it bring footth unto thee. Even so is man of himself, job. 6.8. he bringeth forth nothing but wickedness and corruption, his thoughts be evil and his ways are wicked, unless he be nurtured, educated and brought up, even from his childhood in godliness and virtue: for wherewith the vessel is first seasoned: thereof it keepeth longest the taste and smack, as the Poet sayeth. Quo semel imbuta recens servabit odorem testa diu. Wherefore, Horatius. the fathers in the old days, were very careful and diligent, for in the education of their Children, that they might so and in such order be nurtured and bred up in their youth, whereby to become profitable to the common wealth in their age: for as Erasmus sayetbe. Nihil felicius discitur, Erasmus in colloquio de fide. quam quod ab ipsa statim pueritia discitur. For education is another nature, and as men be brought up and bread in their youth so commonly they prove in their age. Lycurgus the prudent governor of Sparta, whose only care and endeavour was by all the means he could: to persuade the Lacedæmonians to leave their salvage and barbarous trade of life, & to be reformed and reduced to some better form and order, useth this practice. Erasmus. li. 1. apoph. de Licurgo. He caused two young whelps to be taken from their dam at one time, and instant. The one of them he commanded to be delivered to his huntsman, and to be trained up in hunting. The other was delivered to the Cook to be brought up in the Kitchin. At length these two whelps being brought up and grown to be Dogs, and trained up as was appointed: Lycurgus commanded them both to be brought out into an open and a large room, where he had caused a bush of thorns to be set, and a Hare in the same, as also fast by a pot of Pottage and scraps of meat. And then assemhling his people together: he commanded the two Dogs there tied in one line to be let loose and slipped, the one of them used to hunting, assoon as he had espied the Hare: he coursed and followed him. But the other having smelled and seen the pottage pot: to that ran he. Then said Lycurgus, lo, you see here two dogs both of one age, borne of one dam, and in nature one, and yet by means of their unlike education: they are unlike in conditions and diverse in qualities, for according as they were brought up in their youth and being whelps: so they be disposed and inclined being Dogs. Cromerus in his History of Polonia maketh resitall of a manifest example hereof, Cromerus de rebus Polonorum. lib. 3. namely how Vnratislaus King of Bohemia, being a godly and a virtuous Prince, married one Dragomira, a woman wicked and heathenish, and not so voided of true Religion: as replenished with all impudence and wickedness. Vnratislaus had by her two sons, Venceslaus and Boleslaus, the elder of them was brought up under his grnndmother Ludimila (who was mother to the King, and she a very good and a godly woman) who careful of the young Prince, caused him to be nourished and instructed in good letters, virtue and knowledge. Th'other was hrought up by his mother, and by her instructed and taught in such qualities and conditions as she listed & after her naughty disposition. These two young Gentlemen though borne of the same parents, were in nature like, yet in disposition contrary, for the King their father being dead, and the kingdom divided between them: Venceslaus as he was educated and instructed in learning, virtue & knowledge: so did he rule and administer his Realm uprightly in all justice, equity & judgement. Boleslaus being embrewed at the first under his mother in all liberty, looseness and lewdness: become and was a cruel tyrant, an oppressor of his Subjects, & voided of all virtues and good qualities, appertaining to a King, or a private man, and in the end was a most cruel fratricide and a bloody murderer of his natural brother, whom he bereft both of life and kingdom. And thus it appeareth what education doth, and how much it availeth, which being good and virtuous, if it do not altogether altar and change: yet it amendeth the evil dispositions and inclinations in a man: what manner of children and in what sort they shallbe borne; it lieth out of man's power. Sed ut recta institutione boni evadant, nostrae est potestatis. But in us it lieth by good education to make them honest. Whereof Clemens Alexandrinus thus writeth. Clemens Alexand, stromatum lib. 1. Non natura sed disciplina fiunt viri boni et honesti quemadmodum medici et gubernatores, Not by nature: but good discipline do men prove and become good and honest. The plant being young and tender, is to be won, guided and framed to what form it pleaseth a man, either to be made strait and upright meet for good buildings: or to be crooked and fit for a gamrel: and being once grown to that form it is not to be altered nor reformed. In omni stirpe, si primum germen recte processerit, ad naturae suae, Plato legum Dialogo. 6. virtutem maximam vim habet ad hoc, ut comodum finem imponat. Et hoc stirpibus, in animalibus mansuetis et feris, et in ipsis etiam hominibus contingit. And therefore as he is guided & trained up in his youth & springing time: so doth he prove to be either profitable or unprofitable. Erasmus de Socrat. de Apophthe li. 3. Homo si rectam disciplinam fuerit adeptus, diuinissim●s evadere solet. Si vero non satis aut non recte fuerit educatus: omnium animalium que terra producit, fit ferissimus. It is written that on a time one Zopirus a Phisiognomon, came to Socrates, and by his face and other lineaments describing his inclination and disposition: declared him to be a lecheror, a drunkard and a fool, and a most disordered man. Socrates' friends standing by and knowing all this to be untrue, were offended and began to threaten him for his sayings, but Socrates stayed them and willed them to be contented, saying, he hath spoken nothing but the truth, for such a one had I been as he sayeth: Nisi me Philosophiae gubernandum tradidissem, and unless learning and understanding had altered my wicked and lewd disposition. For as it is said, Socrates was but a deformed man, his ears and nose like to an Ape, Indagine lib. de Physiognomy. his eyes black and hollow, his eye brows hairy and his back crooked: which are arguments and demonstrations, by the censure and judgement of such as are professors and writers in the art of Physiognomy, of such qualities and dispositions as Zopirus charged Socrates with all. As Socrates being instructed and brought up in good learning notwithstanding his corrupt nature and evil disposition, he become and was a virtuous and wise man: even so who so will do the like shall prove & be the like. Gene. 11. joseph & Moses being brought up in the learning of the Egyptians, Exodus. 3. were in great authority and bore a great rule among the people. Daniel being instructed in the good letters and learning in Babylon: Daniel. 3. become to be the chief governor over the whole province of Babel, and a ●ed Ruler in Babylon. King Cirus the son of Cambyses and of Mandene the daughter of Astyages (king of the Medes) being cast out to be devoured of the beasts, Iustinu●. li. 1. was kept and defended by a Bitch, who nourished and gave him suck, until a shepherds wife took him away and kept him. Patricius de regno li. 4, tit. 5. The writers of natural causes do affirm, that according to the nature and mollitie of the food wherewith the body is fed and nourished, 〈…〉 of the body take their force and nature, and thereby not 〈◊〉 the body: but the mind also receiveth his disposition and inclination, whether it be magnimitie, drunkenness, wantonness or any such like, but especially of the nurse's breast, with whose milk such dispositions do make their entry and season, wherefore Galen giveth council, that a special care should be had in choosing of the Nurse, and of her disposition, Gal. de sanit. tuendi lib. 1. dyat and order. De Nutrice imprimis non minima est habenda cura quid edat, quid bibat et quo pacto se habeat, ut videlicet lac eius egregie fiat temperatum, quale certe erit si sanguis eius sit quam optimus. And therefore some are of the mind that Alcibiades that noble, worthy and famous governor of Athenes, took the good qualities both of his body and mind, Plutrachus de Alcibiade. of his Nurse Amycha who was a Spartan or a Lacene woman. Nam plurimum lactis alimonia confert, non modo ad corpus formandum, verum ad effectus et mores. If this be true: then Cirus whether he were nourished of the bitch, or of the salvage shepherds wife, he should be disposed & affected according to their natures and qualities. And yet he being brought up, educated and nourished, first in learning and then in such honest exercises as do chiefly appertain to a noble man: he proved and become a most noble, worthy and an excellent Prince, aswell in prudent and politic government: as in valiantness and prows. Fuerat corporis forma pulcherimus, Zenophn de pedya Ciri. libro. 1. animo humanissimus atque disc●●linae et honoris studiosissimus. Thus Cirus in respect of birth and first disposition, by nature being very unapt and unfit to achieve to any great matter: yet by means of his good education he surpassed in every respect of virtue, all the most worthy personages in those days: for his wisdom had in great admiration, and by his valiantness become the Monarch of all Syria and Asia. King Philip of Macedonia when as his son Alexan●●● was borne, considering with himself how necessary it were, he should be educated and well instructed: assoon as he was out of his swaddling clouts, he delivered him unto Aristotle the Philosopher, by him to be brought up, and instructed in learning, as also appointed unto him Tutors, by whom he should be taught and instructed in such good exercises, as appertaineth to a noble man. And in both th'one and the other, he prospered so well: that few before or sithence him, have excelled him in learning or valiantness, by the one he attained to the conquest of all Asia, Patricius de justit, reip. Era▪ Apoph. lib. 4. and was sole Monarch: by the other he directed his government in great uprightness and justice, and therefore he was wunt to say, that he did owe as much reverence and honour to his master Aristotle: as to his father King Philip, for of his Father he had but his natural life, but of his Master, Bene vivendi initium. The Chronicles of England do report, that Egbertus King of the west Saxons, being a wise and a good Prince had a special care for the good education of his son Ethelwolphus, who to be king after him he saw how needful it was, he should be wise, learned and valiant: did see him to be well instructed even from his Childhood, and so well he profited therein, Quod omni tempore, regia laud fuerat dignus. Polidorus his. Angli. lib. 5. And the same Ethelwolphus having reaped the good fruits thereof, was no less careful for his iiij sons. Quos bonis artibus imbuendos summopore curavit. And they by that means, the one succeeding th'other, were all kings, and did govern both well & worthily. Plato therefore, attributing this unto good education saith, Plato legum dialogo. 1. Dico et assero, virum qui in re quacunque prestans evadere volet, eruditionem. statim a pueris meditari oportere. how be it such is the blindness of the world, that many or the more part, putting a felicity in riches: are careful for nothing but how they heap up lands, livings: great store of riches and money for their children, thinking then that all is well, and happy is that son who shallbe so left, and may glory and boast in the multitude of his riches, but the Prophet sayeth Haec ipsorum vita stulticia est, for wealth and riches being joined with knowledge and understanding, they are good, Et splendorem suum retinent, Psalm. 49. Patric. de regno li. 1. titu. 1. but without the same Obscurae fiunt et turpitudinem temeritatem que augent. Cicero therefore was of the mind that the best inheritance which a father may leave to his Son, is wisdom and learning. Optima enim hereditas a patribus traditur liberis, omnique patrimonia prestantior virtutis gloria. Cicero officiorum lib. 1. Well then if people assembled together to the end to live well, and in civil society, and to be directed by the rule of good government, which consisteth in the wisdom of the governor, and the dutifulness of the Subject and both of these gronw by means of good and virtuous education: I doubt not of your wisdoms but that you will as good fathers & careful governors have a special regard herein, you have well entered and begun in providing for the safety of such Orphans as to whom any wealth or livelihoods be growing but consider you that a natural Father how many children so ever he have, he careth, laboureth & provideth for all, and so you aught to do. It is not enough to provide for the rich and wealthy, for if you did it not, others enough there be that will take that care, but you are to provide also for the poor Orphans: who wanting all helps, friendships and succours, are for want of your fatherly and careful provision in peril either to perish, or to become noisome and unprofitable members to the common wealth, for Children left to their own wills & dispositions, they be as earth which of itself bringeth forth nothing but briars and brambles, and in the end, not only improfitable to themselves: but also most noyful to the common state, they being thorns in the sides and pricks in the eyes of the good and honest. God therefore, when he had given the land of promise unto the Israelites, he gave them in commandment to destroy all them which they should find dwelling in the land without remorse, Numer. 33. josua. 23. pity or compassion, because they were wicked, idle and lose people. For sayeth he, they shallbe whips in your sides, and thorns in your eyes, until you ꝑish out of the land, which the Lord god hath given you. For Idellers and floisterers are but thorns and thistles in a good City, and a well governed common wealth. It is lamentable to see what troops and clusters of children, boys and elder persons, lie loitering and floistering in every corner of the City, but more lamentable it is that no care, no order nor redress is had thereof, which if it be not looked unto in time: it will rebound to the peril of the public state of your City. Great shows have been made and attempts pretended for erecting of an Hospital, and for employing of such idle children in some honest arts, but of these great blothes cometh small fruits, and of this shaking Hil, GOD grant their come not forth but a ridiculus Mus. But if you do in deed tender the preservation of the common state of your City and the continuance of so honourable and ancient a common wealth: Plutar. prob. Zasius de actionibus. Polydor de rerum invent. lib. 4. cap 31. Eborensis de legib. Galenus de sanitat tuenda 〈◊〉▪ you may not only according to the council of Moses, rid your City of such idelers as whervith the same is now replenished: but you must also remove and take away the cause thereof. For the Romans did not only put to death the woman taken in adultery: but also if she did immoderately drink wine, because drinking of wine is a mean to dispose and make the body apt and prove to lust and wantonness. Venture maero astuans facile dispumat in libidinem. For wine as the Physicians say being not moderately taken: hurteth both the body & the mind. Ad iram et libidinem precipites facit, et partem animae rationalem hebetem atque turbidam reddit. And it is a common practice of the Physician, that when the sick patient is to be restored to health, he doth not only purge the corrupt humour or sickness: but also the humour, which is the origine and cause thereof, for otherwise the body cannot recover his health. And so in a common wealth not only Idlers and loiterers are to be exiled and driven out thereof: but also the occasion and breeding of them is to be cut of which is that young children may be brought up & be instructed in honest arts, for as of a good plant cometh a good tree, & of good seed cometh a good herb: so of evil plants come bad trees, and of naughty seeds evil herbs, & these having once taken root do commonly so prospero that if they be not weeded and pulled up by the roots: they will clean overgrow and choke up the good. Experience teacheth that where the nettle prospereth: no good herb there groweth, and where the weeds overgrowe: the Garden is destroyed. Plutarcus de Licurgo. Lycurgus therefore did not only exile and banish out of Sparta all the idlers therein: but also to prevent, that no imps of that sort should increase and grow, he erected Schools and appointed School masters who had the charge to instruct and institute the Children in Sparta in learning or some honest arts and exercises, Patricius de regno. Alexander the great in every country which he conquered, he appointed schoolmasters who had the charge to bring up & instruct all the young peoples therein, in honest Arts, Sciences and exercises: by which means he had always iij M. young men and Children which were well learned in the creak tongue, and well practised in good and honest exercises. Olphanus de reip. christian pro▪ Traianus the Emperor erected common schools, appointed the best learned school masters, provided great livelohods and gave liberal allowances whereby Children might be well taught and instructed. Patric. de ius. reip. lib. 1. The salvage Indians, who knowing no God, are only led by a natural reason, did so much abhor and hate idleness, that none could be suffered nor permitted, to eat any meat among them before he had given an account what he had done that day, & whether he had deserved any meat, which if he could not do: Cicero. offic: lib. 1. Tanquam inutilem ex caenaculo extrudebant. The romans had not only schools for learning: but also their campos, martios, and common places, wherein the young Children and people were exercised and inctructed in such honest exercises and disciplines. In quibus nulla erat turpitudo. For it is the speciallest point and the chiefest part of a good governor and a prudent Magistrate to provide that Children and young men be by their means instructed and brought up in honest arts, knowledge & discipline. Ineuntis aetatis inscitia, senum constituenda et regneda est prudentia. And surely the magistrate is no more bounden, but he would be as ready to perform the same, if he did or would consider, how that he is not in this respect a simple and private man: but is the father of the common wealth, Ac personam totius Civitatis gerit. And therefore well considering his charge: he is to tender the same, and to regard all sorts of people, Idem ibid. with a fatherly respect and affection. Ac summos cum infimis pari iuri tenere. Cicero noteth out of Plato, two special precepts incident and most necessary in a Magistrate and governor, th'one is, that without respect, he do chiefly tender the utility and profit of all and every of his Citizens: the other is, that he do also consider the safety of the body of the City, for the government of a common wealth is most like to the Tutorship of a young pupil, whose governor and Tutor is to do, such and all manner of things which may tend & be for the best behoof and profit of the pupil: & for that cause is he called a tutor, Institutis de tutelis & tutores. quasi tutor, that is to say a careful defender and a diligent preserver, both for the good education of their personages and of what so ever to them appertaineth, & so aught the magistrate who being the general Tutor is the eye of the whole City, and therefore must behold and see every particular man's cause, he is the ear and mouth of the whole body, and therefore is to hear all and to speak for all, he is the head of the whole common wealth: and therefore must understand and direct every man in his estate and calling. Sic enim remp. tueri debet, ut omnibus consulat. Many good orders I confess have been devised by the prudent Magistrates and governors of this City for the good government both of the elder sort and of such young Orphans, as unto whom any wealth is left, and who are to enjoy the benefit of their parents travels: but such Orphans, who having nothing left unto them, & being destitute of all relief and help: are left to their own dispositions, these as I said, I say again, swarm in clusters in every corner and quarter of your City, and for want of good education and nurturing, do grow to be thorns and thistles: and who as the Caterpillars, Frogs, grasshoppers and lice of Egypt, Exod. 7.8.9. shallbe the plagues of this your common wealth, and if remedy be not provided: shall utterly devour and destroy the same. And for these there is no care, no regard nor account made▪ but you being the fathers of this common wealth: it is your part and bounden duty to provide also for the education, instruction, & what soever is necessary for such, not only in respect of the safety and preservation of this City: but also because God himself, who is the father of the Fatherless, Psalm. 68 hath given unto you being his ministers the charge over them, and being a parcel of your talon, and a portion of your office: you are and shall tender for them an account before the high God at the latter day, Sapi. 6. when and where all such as bear rule and be in authority, and do not deal uprightly: shall have a hard judgement. Wherefore as you do tender the preservation of your own City, do wish well to your own posterity, and will avoid the indignation and displeasure of the ever living God: have some regard to these poor miserable and destituted persons, let them be provided for, that by your means and under your government they being taught and instructed in some honest art or discipline: they may become to be profitable members to the common wealth, for as it is written. Si bene educati fuerint et educantur iwenes, Plato legum Dialogo. 7. omnia tunc in rep. prospera nauigatione procedunt. But if you should be remiss, slack and careless herein: which God forbidden, how great would be your offence and how grievous would be your folly against Cod, against nature, against your country, and against so many poor souls: whose want and distress shall pour out lamentable cries, and whose blood shall cry out unto the Lord for vengeance against you? Learn of the beasts of the field, of the birds in the Air, of the fish in the water and of the worms creeping upon the Earth, who though they be void of reason, and do nothing but Quantum sensu moventur yet of a certain natural inclination, they have pity vpo● man in his misery and do relieve him in his distress. The Lion (of all beasts the most fierce and cruel) finding Androdus or Androcles the bond man in the wilderness and ready to perish, Aulus gellius li. 5. ca 14. did not only keep him and defend him: but also fed him daily for three years together, with me at sufficient for his sustenance. The she ravening Wolf gave suck to King Cirus, & was a nurs unto Romulus. justinus. lib. 8.43. jonah. 1. The Whale or graeat leviathan, when jonah the Prophet was cast over the board in to the Sea to be drowned, he took him in to his mouth and carried him safe to the land. The Delphin, Gellius. lib. 16. cap. vlt. Plinius. lib. 9 cap. 8. 1. Kings. 17. or purpose, when Arion the harper at one time, and Temelaus at one other time, were cast in to the Seas, he took them upon his back, and brought them safe to the shore. Eliah the Prophet being in the wilderness, and without all food, a Raven brought him bread and flesh every morning, Gesner. lib. 2. de quadrup. in lac●rto. and every evening. The Lisard will not suffer a man to be bitten with the Serpent, nor to be stung with the Adder. Nam ubi fecit serpentem insidiari circum cursat per collum et facien hominis, nec finem facit donec pruritu scasptuque unguium excitetur. What shall I trouble you with the resitall of brute beasts, and seem to persuade you by the xamples of unreasonable creatures, when that you yourselves being wise and reasonable men, do right well and sufficiently consider the same, & yet for your better direction, not wanting many examples, & infinite precedents of all other countries, and well governed Cities and commonwelthes, as of the Persians, the Macedonias, the Athenians, the romans, the Spartans, and also the City of London, with which Cite if you be not equal: you are not inferior nor in antiquity, nor in the zeal which may suffice to further you in any good actions, especially for the provision of the fatherless children. And herein you should do very well, & I would wish you to follow the order and manner of the romans, whose use ●e was, that if they at any time did hear or understand of any new devise, or strange thing, practised in any country or place which they had not, they would with all speed get a patron thereof, and frame it to their common wealth. Quicquid enim uspiam gentium vel terrarum cognitu dignum inveniebant: Patric. de regno libr. 3. tit. 14, quam primum literis commendabant et in remp. suam transferebant, unde disciplinas mores, leges instituta artesque omnes ab alijs in proprias tars deferebant, paruoque temporis curriculo remp. suam meliorem reddid erunt. which thing, I know you have done in some things, as the order for orphans, you have taken from London, and for the erecting of an hospital, it hath been likewise well meant of you to follow the order of London, and partly some practices and devices have already been attempted, therein which are apparent arguments & signs, of your minds well bend & disposed. And albeit, the same have not as yet so good success as so good a thing deserveth: yet despair not, for all good attempts have for the most part: hard beginning, and the better the enterprise: the more impediments. Est enim in initio ardua virtutis via, & yet nevertheless there is nothing so hard, qd improbus labour non vincat, and which a well willing mind cannot compass. Nevertheless I know many stumbling blocks will be laid in your way, and many adversaries shall jehuda, and Benjamin have to hinder the building of God's temple, but let this comfort you. God will prospero the traveles of Zor●babell & overthrow the devices of Sisennes, 1. Esdras. 5. the Godly in the end shall prospero, & the wicked shallbe overthrown, in their own imaginations. Samuel. 17. Esther 7. Psal. 7.57.37.1. For as Achitophel received the reward, & fruit of his own wicked council, & Hamon perished in his malicious devices, and as the wicked always fall in to the snare which they do prepare for others: so GOD delivereth the just and prospereth his doings, 1. Corint. 3. Phili. 2. and whatsoever he taketh in hand, it shall go well with him. For when Paul planteth & Apollo watereth GOD giveth always the increase for he it is qui operatur in nobis velle, and he it is qui operatur in nobis perficere, as he giveth us the grace to have the will to do good: so of his goodness he blesseth our doings to good effect. And although God of his goodness doth thus deal with us, and so well prospereth our good doings: yet we may not as careless men, reject to his care and providence, neither yet to be so simple, as to distrust nothing, Math. 10. for as there is a simplicity of the Dove required in us: so are we also willed to be wise as the Serpent, Isodo. etym. libr. 12.4. and politic as the Aspis. The Aspis when she perceiveth the enchanter to be busy about his charming, Psal. 58. whereby to make her to serve his turn: she putteth forthwith her tail into one care and clappeth the other fast upon the ground, & so her ears being stopped, she heareth not the voice of the enchanter though he be most expert in charming. So must you the magistrates turn the deaf ear, & not listen to the charming speech as of the flatterer, nor be carried with the smooth words of the dissembler, and as wise Ulysses, Bocacius Certoldus de genealogia. deorum lib. 11. cap. 40. be not seduced nor carried away with the pleasant (but most perrillouse) songs of the Sirens, but as he did, so do you stay and bind yourself to the masts of wisdone, & not to be discouraged nor dissuaded from the following unto effect, of so good & godly enterprises. And yet let not your ears be so stopped, Vptonus de officio militari. but that your eyes be as open, and learn of the Lion, who sleepeth always with his eyes open, & whensoever he is awaked, he forthwith getteth up to the top of sun Hil, Gesner. dequadrup. libri. 1. in leone. and there looketh abroad to view, & see whether any advarsaries be abroad, or whether any engine or snare be laid for him, whereby is signified his continual care & diligence, aswell to preserve that which he hath in charge, as also a readiness to remove and with stand the impediments laid & prepared for him, which are conditions & qualities most necessary in a wise magistrate and a circumspect governor, who is alway to be looking abroad, Isodor. etymolo. lib. 11. cap. 6. & to be circumspect in his doings, especially when any good act is to be taken in hand. For be he assured, he shall not want great store of adversaries, which by one means or other, will do what may be done, to stop the course of the same. Pluatar. Sympos. 2. questione. 7. Gesner. lib 4. de Aquatib. in Echenidc. Bellonus. li. 4. de aquatilibus The writers of natural things, do affirm that there is a fish in the Seas, named Echeneis or Remora, he is but of a small quantity: but yet of great power and strength, for a Ship being under sail, in all her ruff, and having wind weather, & all things at will, yet this Remora sticking and cleaving to her keel, or bottom, doth so stop her course, that she cannot move nor make any way at all, but lieth still as though she were in some harbour, Plinius historiae nature. lib. 32. cap. 1. or at anchor. Ruant licit venti seviantque prosellae imperat Remora furori vires tantas compescit cogitque stare navigia, infrenat impetus, domatque mundi rabien nullo suo labore non retinendo nec vllo alio modo quam adherend●●●. And for proof hereof, Pliny allegeth certain examples, as how the ships of Antonius, of Cayus and of Periander were stayed at the Seas, by the Remora. And as these remorae, do stop and stay ships at the sea from their due course: so there are also certain, & the like Remorae at the land, which sticking & cleaving to the ship of the common wealth, do what they can to stop and hinder the due course of good government. At the seas there is but one kind of remora, but at the land there are many, even a thousand for one, and although sundry and divers: yet all tending to one end, and working to one effect. One and the chiefest of these, Ambition. is Ambition or pride, which is an immoderate affection of the mind, breeding Philautiam, or a self love in man, whereof proceedeth an immoderate desire of honour and superiority, envying the superior, disdaining the equal, and contemning the inferior. And this is the most naughty vice which is or may be in any common wealth, and the foulest folly that can be in man. Miserrima omnio est ambitio, pessimum in Civitate numen, maximumque inter homines malum, neither hath there been nor yet is any one thing which more impaireth the state of man, jude. 1. over throweth Cities & common wealths, and dissolveth the common society. The Angels in pride and ambition, climbing and seeking to sit in the throne of God: lost their habitation, Genesi. 3. and are reserved in everlasting chains. Adam, ambitious to be as God: Numer. 16. was driven out of Paradise. Corah, Dathan, and Abiron, disdaining the government of Moses, and ambitiously claiming to the same: the earth opened and swallowed them up, with all their families. The ambitions of Scylla, Marius, Pompeius, Caesar & others, did spoil & destroy more Cities and people of Rome: then did all their foreign wars & conquests. Carthage through ambition was destroyed, & Pompeius overthrown. Bladud King of this land, Gaufrede. Grafton. a man very well learned, yet being of Dedalus climbing mind, would needs flee up in to Heaven, and have his seat there, and therefore framed unto himself wings to flee, but he was no sooner mounted up towards his journey: but that he fell down and broke his neck. Ambition brought antichrist in to the Church of God, 2. Thessal. 2. and exalted the son of perdition above God. Ambition raised up the unpreaching Pashur, against the preaching jeremy, & the wicked Amaziah, jerem. 2. Amos. 7. 1. Esdras. 6. against the godly Amos, and the envious Sisennes, against good Esdras. Ambition hath been the only cause of so many & of the infinite tragedies, which from age to age, and from time to time, have been within this realm of England, where of the histories and Chronicles of the same, are full fraughted and replenished. And therefore to conclude: Insolens res plenaque intemperantiae, Omphalius de propugreip. cupiditatis, violentiae atque omnium malorum est ambitio dominandique libido, quae nullis legibus constringi nullaque virtute potest retineri. Then if ambition be so dangerous and foul a vice, being not to be bridled by any law, nor ruled by any virtue: it is the part of every private man, much more of him which beareth rule and is in authority, that although he do excel in wisdom, knowledge, learning, and other the good gifts of the mind, or do exceed in riches, substance, and possessions, and other the gifts of Fortune, which as the Prophet saith, do make men to swel, Divitiae si affluant apponunt cor, yet that they do not exalt themselves, nor be high minded, nor yet disdaining all others ambitiously, to seek dominion and to rule the roast, for such men being very unmeet to rule, and unfit to govern, shall & will be Remorae, & hinderances to good government. There is another kind of Remora, which is named Avarice or covetousness, Avarice. & this is an infaciable desire of the mind, to gather and heap up riches, wealth, and possessions, making no conscience how, or by what means, the same is gotten, Cicero. 3. Paradox. but always careful to get, and fearful to lose. And in this avarice, there be three things concurrant, an insatiable desire of filthy lucre and gain, using and seeking all the means and ways they can, be it by right or by wrong, they pass not so they have it. The second is tenacity, and a greedy mind, to keep, hoard, and lay up in store that which is gotten, making it as it were a GOD, and whereupon the whole mind is fixed and set, Math. 6. Ephe. 5. 1. Timoth. 6. as the Scripture saith, ubi thesaurus ibi et cor. and this man being in the wickedness of his greedy affection, a plain Idolater, maketh shipwreck of his faith, and is drowned in utter destruction. The third is, illiberality, which is a pinching & a spare spending, pretending always a want and scarcity, unless it be in an evil cause, or to an evil end. The man possessed with this wicked spirit or affection, is named avarus. Quasi avium aven●, continually languishing & thirsting for gold and riches, and never satisfied. Isodor. etymolo. lib. 10. Sed quantum plus habuerit tantum plus cupiat, wanting that which he hath, as that which he hath not. Quitilianus eccles. 10. Sal. in catalina. Cicero in Parado Tam deest avaro quod habet, quam quod non habet: whereof the wiseman saith, the eye of the covetous man is never satisfied, and his mind is like unto hell which is never filled: Semper infinita, et insatiabilis etque neque copiane 〈…〉 and therefore as Cicero saith, there was never a covetous man found: Cui quod haberet satis esset. Such a man by the judgement of some men, is most like & best to be compared to a hedgehog, named in latin, Echinus, or Erena●●●: in name he varieth not much from the 〈◊〉 & in form is very like the Pig or hog, saving that instead of here his body is full of prickles except on his belly. Pinguid animals Echinus, Gesner. de quadr. in Echi●o. et 〈◊〉 modum formam que exprimit spinosus autem 〈…〉 in ventre: The hedgehog liveth by the grapes of other men's vineyards, & by the apples and fruits of other men's orchards and gardens, and whensoever he cometh to my vineyard, orchard or garden, if their be no fruits already fallen down for him he beateth some down with his feet, & then roleth himself round upon the same▪ spinisque confixa ex cipit: and so laden, he trudgeth away with it, & is not to be discerned from the fruit which he beareth: and if in the way he do perceive that every prickle have not his lading, or that any thing is fallen down he unladeth himself of all the rest, ut omnes aculeos replete: and is never satisfied, until every prickle have his fruit and he full laden, and being come home to his den: he hoardeth up his store, sparely spending, & greedily keeping that which wickedly he hath gotten. And so is the covetous man, and this greedy Echinus who storeth himself with other men's goods, and enricheth himself with other men's wealth, he sheareth every man's herbs, and beateth down every man's apples, he (as a wicked Achab) is in love with▪ Naboths' vineyard: he is never satisfied until every prickle of his wicked affection be laden, 1. Regum. 21. and his coffers be stored, he increaseth his wealth by the spoil of others, and every man by him is devoured, he is neither beneficial to a common wealth, nor profitable to a private man, but altogether as a Pig still wallowing in volutabro caeui sui: and nothing profitable before he be dead. 〈…〉 very prudent and wise) had a fair and a large house, and he very greedy & desirus to have thesae: came to the Serpent in the cold winter, and pretending great poverty, beggeth some relief, & desireth lodging, and although he were denied: yet as a shameless person so continueth his suit, and with his importunacy, fair words & smooth speech, he so bewitched and enchanted the Serpent: that he at length obtaineth his suit▪ and a little corner of the house was granted unto him, for his lodging, upon condition that he should not molest or disquiet the Serpent. This Echinus, was contented to yield to all conditions, and promised to perform all covenants, but being once entered in to the house: it was not long before he had forgotten all promises, and practiseth all the ways he may: how to obtain his purpose, wherefore he buskleth up himself, and by little and little goeth about the house, & at length full boldly seeketh every place, and searcheth every corner, but the Serpent, whose dainty and soft skin could not abide the sharp prickles of this churlish hedge hog: is driven to leap from corner to corner and notwithstanding she hisseth at him, and challenging her promises: doth burden him with unkindness, yet it availeth not, for she is so long driven from corner, to corner: and from place to place, that at length she is clean shifted out of the doors & sent packing to seek a new lodging. And so fareth it with all such as do or shall deal with a greedy covetous man, and a churlish hedgehog, for be a man never so prudent poletique and well adorned with virtues and honesty, let him deal never so friendly courteously and liberally, yet if the covetous man do ones season & take hold of him he will as sure as the hedgehog by one means or other under mind him of his possessions, bereft him of his thrift, and in the end drive him out of his house and home, for he is like unto the Ivy, whose nature is to begin and to take root first under the root of a tree, which at the first being but little, and the leaves gentle and small: springeth up without any harm felt thereby and girdeth the tree round about, never ceasing until he come up to the top, & then having thus entered under the root, guirded the body & seized upon the top, be the tree never so great & mighty: the ivy overcometh him, & he dieth. And so this covetous ivy beginneth as it were humbly & lowly, with smooth words, & offereth all courtesies, but by little & little, he so bewrappeth the young gentleman with his money, & girdeth him with his bonds: that in the end he hath the mastery, and the young gentle man of a tree is become a small stick, to range the field and to tip daisies being now in his doublet & his hose, ready to trip a pavian in Hamon's court, and to dance a galliard in tiborne's bower. This is the nature of this churlish Echinus, of this creeping ivy, and of this pernicius Echineis whose delight & only felicity is set upon heaping up of the wicked mammona even to th'uter ruin of so many as shall deal with him. And still as a wicked Echineis is sticking to the keel of filthy lucre & gain. And herein he hath one other special quality or property of the Echineis: for as Pliny writeth, if he be kept in salt, as the Adamant of nature draweth Iron unto it: so will it draw gold out of any water be it never so deep. Plinius. lib. 9 cap. 25. Ea est enim vis Echenidis asseruati in sale ut aurum quod deciderit in altissimus puteos, admotus extra hat. And so the greedy covetous man, for lucre and gain, will dive in to the bottom of the deep waters, climb up to the tops of the highest rocks, and creep up to the highest part of the mightiest trees, he will search and seek out all the corners of the world, and such are his subtle sleights, that no City is so strong, no place so well defended nor closet so secret which can keep him out, and having one's his will: of all beasts is the most churlish and cruel, for he spoileth town and country, skimmeth land and seas, spareth nor Church nor religion, forbeareth nor friend nor foe, nor regardeth the common society, nor pitieth the private family. But as the Grasshopper or Caterpillar of Egypt, devoureth the fruits, the Moth eateth the garment, & the rust corrupteth the metal: so doth he consume, devour & spoil all that ever is with out remorse, consideration, or pity. Fama pudicitia, Salus. de rep. ordinanda. Psal. 14. liberis opibus atque parentibus cunctos mortales spoliat, & as the Prophet saith, he eateth & devoureth the people as it were bread, wherefore be you assured, where this canker is once entered, & where this venim is once shed: there is vertew exiled and all godliness banished. Nullae ibi disciplinae nullae bonae arts, neque ingenium ullum pollet, sed omnia vilia, fides probitas pudor atque amicitia. And such men may be compared to a certain kind of Swallows, named Apodes, or Depodes, as who saith, birds without legs, not because they want legs: but because they use them not, and these in english are called the bank martinet, or swallow, but the harroldes, as also Sir Thomas Eliot name them Martlets. The nature of these is to be always fleeing upon the waters, ●nd commonly no ship saileth so far at the seas, but that these Apodes, or Martinet, is also there fleeing. Nunquam enim tam long tamque continuo cursu, Gesner. lib. 3. de avibus in Apode. Hirundine et drepavide. recedunt naves a terra ut non circumuolitent eas Apodes. He is always fleeing & never taketh rest nor sitteth as other birds do, but when the dead sleep taketh him: he hangeth by his legs. Pedibus dependens somnum capit, of all birds he is indocilis as Pliny saith, and not to be framed or to be taught to any thing. They do flee meeting one th'other, as it were enccountring to fight, but indeed nothing else them to hunt for flies, which is their only meat and food. Insidiantur mus●is atque culicibus quarum venationem sibi proponunt et quibus volando pascuntur, They are seen only in the summer season, for in the winter they are gone. they do breed in such holes as they can find already made, in the banks, for nests they build not. And such an Apodes is the covetous rich man, who though he have legs: yet for to do good wanteth them, for to visit the sick, to relieve the poor, to contribute to the oppressed, to redeem the captive, or to do any good thing: he is lame and he cannot go. But for gain and profit, hath wings to flee as far as any ship can sail. He cannot sleep nor quietly take his rest, because his mind is so pensive and careful for his muck, and from the greedy love whereof, he by no parsuasion or reasons to be dissuaded: nor yet framed to do any good thing, for he is indocil & not to be framed thereunto. He is welpleased to be harboured in every other man's house, & to be fed at other men's tables, but to harbour others he hath no skill, and to keep hospitaltie, is against his will: & notwithstanding, his toiling, and turmoiling: he fleeth but after flies, and that which in the day of the Lord shall little avail him. james. 5. But as Saint james saith: their gold and silver shallbe cankered: and the rust of them shall be a witness against them, & shall eat their flesh, as it were fire. Then if this be so foul a vice, so heinous a fault, and so horrible a sin, in a private man: how much more intolerable is it in a magistrate & a governor. For the higher a man is in authority: the greater is the offence which he committeth. Quanto quis conspectior. tanto maius in se● crimen habet qui peccat. Offic. lib. 2. And in whom cannot be a worse vice than Avarice. Nullum vitium saith Cicero, est tetrius quam a varicia prefertim in remp. gubernantibus: For he which is graveled with couetous●nes, and choked with avarice, & measureth all things by money, cannot discern the truth nor minister justice: Esay. 5 Deutro. 16. because (as saith the Prophet) he justifieth the wicked, and giveth sentence for rewards. God, therefore commandeth that none should be a ruler in Israel, but such as should judge the people righteously, and not wrist the law, nor respect any person, nor take any revardes. For rewards blind the eyes of the just and pervert the words of the righteous. woe worth then to that warren, where the Polecat is the warrener, to that flock whereof the Wolf is the Shepherd, & that common wealth where the carmorose and insatiable covetous man, is the ruler and governor. For such men be the Remorae which sticking and cleaving to the keel of the ship: will not permit or suffer the common wealth to proceed and prospero in good government. These be the Adamant stones which can do nothing but draw unto them the cankered metal of filthy lucre and gain, which shall in the end as much avail them: as did the great store unto Midas, and the great plenty unto Tantalus. The one of them having infinite treasure, was yet so insatiable: that he prayed GOD that whatsoever he touched, might be Gold. And having his request: the meat & drink wherewith he should be fed, the apparel wherewith he should be clothed, and finally, whatsoever he touched: was turned to Gold, and so miserably thirsting for Gold, and hungering for riches: he was famished in abundance, and perished in plenteousness. The other likewise abounding in wealth and riches, and yet never satisfied: is feigned by the Poets, to stand in a goodly River in hell, up to the hard chin, and over his head, a treeful of all delectable fruits, even falling in to his mouth. And yet reaching to take an apple, the tree riseth up and goeth from him. And likewse, when he putteth down his mouth to drink: the river shrinketh and fleeteth from him, according as it is written by the Poet. Tantalus a labris sitiens, fugentia flumina captat: which verses of Horace Alciat, by changing of words doth thus note, Alciatus. Emblem. 84. Heu miser in medijs stans Tantalus undis. Et poma esuriens proxima habere nequit. Nomine mutato te de id dicetur avare. Qui quasi non habeas, non frueris quod habes. And so having all things enjoyeth nothing: but lieth tormented, in perpetual hunger and famine. Of these both, Palingenius writeth. Aurum cuncto precor (meaning Midas) fiant quae corpore tanquam. Palingenius in Zodiaco de Tauro. Nox petijt stolidus, primis contraria votis. Quum cibus in vacuum nullus descenderet aluum. Talis avare tibi fortuna est pessime qui cum. Plus habeas semper eges ut Tantalon undis. In medijs cruciat sitis arida. Such is the reward of covetousness, and such is the end of greediness. job. 27. Luc.. 12. Psal. 28. And yet when they have heaped, and gathered never so much and do build new barns to receive their store: yet shall they carry nothing a way with them. Dives cum interierit nihil secum auferet, Luc.. 16 but suddenly, and in his most security: they shall come and take his soul from him. And then according to the works of his inventions, he shall be carried in hell, and there to remain with the covetous rich man. Many & infinite examples might be recited, aswell of particular men, as of public states: which through covetousness have perished, and through avarice have been consumed. Luk. 6. 1 Timot. 6. But let this suffice, that the scriptures command us to beware of covetousness, because they which will be rich: shall fall in to temptations, snares, and in to many foolish noisome lusts which drown men in to perdition, and destruction, for the desire of money: is the root of all evel. Galenus de curandis animi affectibus. Idem quod medicus sit Philosophus. And as Galen sayeth, covetousness is with out measure, and always desireth more than need requireth, and is the only cause of all sorrow, sadness and heaviness. Est inexhausta cupiditas pluraque expetit, quam usus postulat: homines inexplebiles reddit unicaque omnis maeroris et tristitiae est causa: nam quicquid facinoris audent patrare homines avaritiae persuasu patrare solent. And therefore as that water, which issueth out of a venomous spring or fountain, cannot be wholesome: no more can that government be good and prosperous, which is directed and cometh from a covetous magistrate, and a gteedy governor. If therefore, you will have your government to be assured, your City to prospero, & your good devices to take effect and good success: take heed and beware of this Remora and let him not be suffered to stick & cleave to your ship, nor have place in your counsels. There is also a third kind of Remora, and is named anger malice, or displeasure, Anger. which is a malicious disposition of the mind, not liking nor pleased: but grieved, and offended either for some injury and offence done or supposed to be done: and therefore is altogether set to be revenged seeking by all means how to compass the same, by device or by word, or by act or by all. Which being so evil an affection, and so far from right reason: Plato defineth to be a violent force of an unreasonable mind, with out all order or reason. Est enim Ira ceu concitacio animi impertus vilentus animae irrationalis absque ratione ceu ordine mentis. Plato de difinicionibus. This affection as the Philosophers say: hath his seat & being in the heart, for unto the soul, they do attribute three faculties. The first is reason, which is placed in the head. The second is that which wanteth, & is without reason: and is named anger, Plutarch de ●omero. and that is placed in the heart. The third is appetite or lust, and that is placed in the parts which are near the belly. The same also writeth Galen, who hath these words. Galenus de placitis lib. 5.6. et. 7. Idem de locis affect. lib▪ 3. Alciat. Emble. ●7, Galenus de sanitate tuenda. decausis morborum. de causis pul●s●um. De placitis. lib. 6. Allciatus. Emblem▪ 84. Galen. de arte curandi. Tres sunt animae facultat●s, corpus nostrum regentes, rationalis, Irassibilis et appetitoria. Also in his book of places affected, he hath these words, Porro rationalem animae vim in cerebro, virilem irascibilemue incorde appetitoriam in ●ecore sitam esse nemini non persuasum existimo. This evil disposition, or effect of the mind, & which is thus placed in the heart: cometh and proceedeth of the fervency, inflammation or enkendling of the blood about the heart, for there are in man (as the Physicians say) two humours engendered of blood, the one is named Bilis flava▪ or melancholy, and hath his seat in the liver and spleen. Th'other: is named Bilis atra or choler, and hath his seat in the heart, and this is engendered of the blood about the heart, being distempered and inflamed above his just temperature. And as Galen saith, is of all humours the hottest, omnium humorum qui sunt incorpore est callidissimus. And of this faruencie cometh anger, and men become wrothful, ex nimia coloris abundancia et feruore incorde fiunt homines iracundi, and therefore Isodorus saith Iracunda cometh of the words Your, which is flaming and of Yra, which is inflamat, that is to say, a fire or a flame which burneth & enkindleth. Lib. etymolog. 10. This perturbation or evil affect of the mind, having in it sun part and portion of all other evil affections. Pluto. de fra. Nam omnium per●urbationum semina, in iram videntur confluxisse, is of such a malign and naughty disposition, that who soever is troubled therewith: is for the time as it were a mad man, and is carried with a kind of madness. Qui enim Iracundiae morbo labor●t, parum admodum a furiosis secernuntur: Patri. de inst. reip. lib. 2. tit. 9 impetusque irati animi ab infania vel furore nihil differt, and if in time the same be not compressed and stayed: it becometh and is very madness as Patricius sayeth▪ Si non comprimantur an tequam liberius vagentur, Gale. de currand. animi affectibus. Patric. de reg●no. li. 4. tit. 9▪ ad insaniam atque furorem compelluntur. And being brought to this extremity are void of all reason, set upon mischief and never satisfied but with revenging. And therefore such men for the time and until they be recovered and come to themselves again: are to be shunned out of all Counsels, and sequestrated out of all assemblies. Proverb. 22. Make no friendship (saith Solomon) with the angry man, nor keep company with the furious: jest thou receive destruction to thy soul. For the angry man is as the fire, which the more it is: the more it burneth, for why? Ecclesiastic. 28 he will agreed with no man, he is singular to himself, and will have every man dance after his Pipe, or else the common state will be disturbed & the civil society dissevered, whereof do commonly ensue spoils, murders, conspirations, seditions, and all such other detestable vices. Quibus status omnes publici atque privati, solent labefactari. And as this affection or perturbation of the mind proceedeth from the blood being inflamed and overhet, which as say the Physicians, it maketh men hot and fiery. Homines accendit ac igneos reddit, Galenus de animi morum et corporei temparementi consequentione. Alciat. Emble. 36. Genes●. 4. 2 Kings. 21. Math. 2. then for the most part they are all set in blood, and are delighted in slaughter. Lutea cum surgit bilis crudescit et atro, fell dolour furias excitat indomitas, Cain in his malice slew his brother Abel, & Manasses in his fury murdered his father Isaiah, & filled the streets in Jerusalem with innocent blood Herod in his rage spilled the blood of his innocent children, of two years of age. Periander of Corinthe, in his fumes murdered his wife, being great with child. Marius and Silla, in their outrages: made havoc of the citizens of Rome, Sallust. Hall. Grafton. and filled all Italy with blood. Richard of Gloucester, in his raging heats and furious flames: imbrued himself with most heinous murders, and horrible bloodsheds. Such are the fruits of raging minds, and such are the effects of furious heads, which doth so altar and alienat a man from the right use of reason: that of all brute beasts he is become the worst. Turpius irato quid possess cernere vultu Allciatus. Emblem. 63. Cum fluit arabido spuming o'er liquor Non hominem dicas, feruens quem concitat ira. Infurias' versus incipit esse fera. And the same rising by degrees, are at the first easily to be compressed, and without difficulty to be stayed, for albeit (as saith Galen) a man cannot be clean, and altogether exempted from that affection of the mind: Galen. de curand. animi affecti. yet he may stop the extreme fervency thereof. Nam abira prorsus liberari nemo simul ac velit continuo potest: perturbationis tamen intemperantiam, atque insolentiam, comprimere poorest▪ for at the first, it is but a motion and a disposition of the mind unto anger, and then as he doth slack and que●●● the fire, which doth not maintain and nourish it with matter apt for the same: so doth he drive & put away anger. Qui eam in initio neque alit neque seize inflat. Plutarc. de Ira cohibend. But if a man not giving place nor yielding to reason, do wax warm and following the humour, be inflamed, and so malicious: then they in the end, do become furious and void of all reason, and not easily to be reclaimed. Patric. de regno. lib. 4. tit. 8. Animus enim ira effrenatus virtutis ac rationis habenis non regitur. It is lamentable therefore, yea and very dangerous, aswell to the private man as to the public state, when a magistrate or a Senator, standing to much in his own opinion, either by reason of his authority, wealth, knowledge, & wisdom, or other good gifts: will be so fickle and uncertain that with the wagging as it were of a straw, and for every trifling and light matter: will be moved and wax warm. And as the wild Boar out of the wood, will buskel up himself to be bewreked, and have his will: thinking then to use his authority and rule best when he can rage's most. But as the sword is not to be put in to the hand of the furious: no more is government to be committed to the hasty. Qui enim animi perturbatione laborat, Cicer. office lib. 1. inutilis prorsus est reip, et in caetu hominum importus habetur. S. Paul maketh an argument a minori, that the priest, or Bishop which cannot rule his own household: is very unfit & unmeet, to have the charge & government of the Church of God. 1. Timo. 3. Siquis domui suae prae esse nessit comodo dei ecclesiam curabit. And so the magistrate, if he cannot rule and direct himself in that sobriety, gravity, & wisdom as to him appertaineth: how shall he be able rightly to govern, & well to direct the common state and public wealth? It is requisite therefore, that he above all others be wise, sober, gentle, and patient, and free from those angry and furious dispositions: that the common wealth be not by him hindered, and that he himself non incidat in morositatem inutilem et odiosam: & so altogether unable to do any good, for the man fretized with anger, and choked with choler: doth nothing well, & therefore saith Cicero absit ira procul, cum qua nihil recte, nihil considerate fieri potest. Cicer. office lib. 1. james. 1. For man in his anger can accomplish no good thing. If therefore you will have your counsels to take effect, your good devices to proceed, your good government to proceed, & your common wealth to flourish and increase: take heed and beware that the hasty and soon warmed man, be not privy of your secrets nor sit in your counsels, for he will without all fail, be such an Echineis or Remora, that he will not only stay the ship of the common wealth from his due course: but also put him in peril of subversion, and in the danger of the ravening Leviathan. There be also sundry other vices which proceed from an evil affected and a corrupt heart, as adulteries, thefts, drunkenness, contentions and such like: which do pollute and defile a man, making him very un apt, and unfit to have government. For it is not enough for a magistrate to be patiented and free from an angry mind: but he must also be otherwise honest, good and upright, neque enim fat esse putes ab ira una don taxat liberum conseruare nisi etiam ab omni edacitate vinolentia nequitia duriositate invidia alijsque malis affectibus te purum atque integrum conserves. Galen. de curand. animi affectibus. Wherefore as when the weeds be rooted up: the herbs do grove, when the Wasp or bomel be is expulsed out of the hive: the Bees make good Honey, and when the Remora is removed: the Ship maketh his way. So these naughty dispositions once removed, & the common wealth rid from the same: your good attempts will prospero, your good devices will proceed, and your hospital will be farthered. Rom. 8▪ For to them that do love God and do all things well▪ Omnia cooperantur in bonum. All things shall go with them, and whatsoever they take in hand it shall prospero. And as you for your parts, as good fathers and prudent governors, have been and yet are very careful and studious to do what in you lieth, for the erecting of an hospital: a thing in respect of the poor destituted & helpless children necessary and expedient to be done: so am I in good hope of your like affection, zeal and good will, for and in the erecting, and establishing of a free grammar school with in this city, a thing no more needful than moste necessary for the general education of children, of all sorts and degrees in learning. But here I will rather suppress in silence, then in uttering to prognosticat the evil event which for want thereof, is in time like to ensue. And yet the matter so serveth, the time so requireth, and necessity so urgeth: that it is more than high time the same were considered, and wherein I would gladly use some speeches, saving that I mind not, and am very loath to produce my speech, whereby to be tedious unto you, or offensive unto those to whose office, duty, and calling the same appertaineth. But to my purpose, as there appeareth an earnest zeal and good affection, that the hospitallment might come to effect▪ so doubt you not but that every honest and good citizen will be as ready, for his part & portion to do the like. For it is the part, and bound duty of every good citesen, omni study atque providentia certare in curandis reip. commodis, Plutarc. de reip. gerende precept. et probe consultata, recte perficiendi occasiones suppeditare atque in reip. gloria atque utilitate augenda magistratum adiunare, every good citizen will contend and strive the one with the other, to help and further the common wealth in all good and profitable things, aswell in giving his advice: as also give and contribute of his own whereby to help the magistrate, in the furtherance of the profit of the common wealth. And therefore for as much as you have given the attempt in so good a cause, & some good hope is conceived of your good continuance and forwardness therein▪ distrust not but that GOD will sand good success. For although your beginnings be hard, & have many Sisemies which do what they may to hinder the same: yet you know that of hard beginnings come good endings, and good attempts have good success. Experience teacheth you, how that in this your own City, such things as do chiefly advance, and maintain your own common wealth, were withstanded, maligned, and resisted at the beginning. And for as much as th'order for th'orphans, already by your industry & means, brought to pass, doth concern and appertain unto all your citizens, or the most part of them, and the same being a la to bind them, their ignorance cannot excuse them. ●gnorantia juris non excusat. I have thought it (under your favour) very meet and expedient, that the same should be so set forth & published, that every man might understand and know the same. Wherefore presently, I have collected and drawn out the whole order in as perfect manner as I can. And first I have begun with the charter and grant made by the Queen's most gracious majesty that now is. Then followeth the act of parliament, confirming the same. And after it; all the orders and ordinances by you the Mayor and common counsel decreed, ordained and established for the same. And then the offices duties and fees of every officer, and all such other things as are incident to the said order. And lastly the manner of all recognizances, and other writs for process concerning the court for Orphans. Which my travails, such as they ar: I do offer and present unto you, not to the end nor yet meaning to teach and instruct you: but to remember you of your own doings, and to teach and instruct the residue of your citise●s, whom the same specially do touch and concern, and for whose children the same are done and provided. And all be it, I have perhaps used here in more words than reasons, more speeches then good sentences, and more talk than becometh, and so have overshot myself: yet there wanteth not in me a ready and a good will to do the best. Voluntas quidem prompta est, facultas autem nulla aut Difficilis, Plato legum dialogo. 1. wherefore I am to pray you to pardon my rudeness, and to bear with my weakness. For matter as me thought, offered itself plenteously, the time 〈◊〉 me & the ●●eering pen unwares 〈…〉. The 〈…〉 in their counsels 〈…〉 elders: direct your counsels▪ guide your doings, and prospero your governments, that as this ancient city, flourishing under the good and prudent government of your ancestors, and predecessors, Lhuyd in the breviary of Britain. was called Augusta that is to say flourishing and increasing: so the same by you directed in all wisdom, justice, and good order, may prospero and increase more & more, and be magis Augusta: and in th'end, when the living GOD shall renew, and restore the same to a most perfect, absolute, and happy estate: the same may be maxim Augusta, and you to have your seats among the xxiv. elders, and be crowned among them in the everlasting City and heavenly Jerusalem of the immortal, eternal & everliving God. Exon. iiij. jubj. 1575. ❧ Your worships to command john vowel alias Hooker. ¶ The Charter for the order for the Orphans within the City of Excester, granted by the most gracious Queen ELIZABETH. ELIZABETH deigratia Angliae Franciae et hiberniae Regina fidei defensor. etc. Omnibus ad quos presentes literae per venerint salutem. Sciatis quod ob amorem et intimum favorem quibus dilectos subditos nostros Maiorem ballivos, et communitatem Civitatis nostrae Exon prosequimur: cupientes et multum desiderantes remp. et communitatem dictae Civitatis nostrae indies in melius reformari, gubernari et augmentari. Necnon volentes fidem, obedientiam et seruicium dictorum Maioris, Ballivorum et communitatis dictae civitatis nostrae praecharissimo fratri nostro Edwardo nuper regi Angliae praestita, et facta, in quadam rebellione & obsidione, versus cameram nostram dictae civitatis nostrae motis per quosdam in partibus Devon, et Cornubiae tunc rebelliones suorum fidei et obedientiae immemores in oblivionem trahi, sed potius ut eorum fides obedientia, et veritas in perpetuam obseruetur memoriam, tam de praedictis, quam de aliis considerationibus, nos moventibus, de gratia nostra speciali, et ex mero motu nostro, omnes et singulas antiquas libertates, consuetudines, privilegia, franchesias iurisditiones praeminentias et caetera, omnia et singula quaecunque, Confirmatio libertatum. quae in aliquibus Chartis aut literis patentibus aliquorum progenitorum seu antecessorum nostrorum Regum Angliae dictis Maiori, Ballivis et communitati conitatus dictae Civitatis nostrae Exon, et eorum successoribus dum Maior, Ballivi et communitas comitatus dictae civitatis nostrae existebant ac Maiori, Ballivis et communitati dictae Civitatis nostrae Exon, et eorum successoribus dum Maior, Ballivi et communitas dictae civitatis nostrae Exon existebant: ac Maiori, Ballivis et civibus dictae Civiiatis nostrae Ex●ōet eorum successoribus, dum Maior, Ballivi et Cives existebant, Civitatis praedictae vel quocunque alio nomine aut quibuscumque alijs nominibus, dictis Maiori Ballivis et communitati, ante haec tempora facta et concessa: dictis Maiori, Ballivis et communitati Civitatis nostrae Exon, et eorum successoribus imperpetuum pro nobis haeredibus et successoribus nostris, acceptamus, approbamus et ratificamus: et pronobis, haeredibus et successoribus nostris, quantum in nobis est tenore presentium confirmamus Et insuper volumus et pro nobis, haeredibus et successoribus nostris concedimus et confirmamus Maiori, Ballivis et communitati Civitatis nostrae Exon praedictae, et eorum successoribus imperpetuum: quod habeant, gaudeant, utantur, et fruantur omnibus et omnimodis libertatibus, previlegijs, potestatibus et jurisditionibus infra limites et bundas comitatus Civitatis nostrae Exon praedictae, in tam amplis modo et forma, prout continetur in aliquibus chartis aut literis patentibus ullorum progenitorum seu antecessorum nostrorum quondam regum Angliae. Et adeo plene libere et integre ac si omnia et singula in eisdem aut eorum aliqua, contenta, essent, modo in hijs literis nostris patentibus peculiariter, et verbatim expressa declarata et contentata. Et ulterius de uberiori nostra gratia et ex mero motu et scientia nostris damus et concedimus pronobis haeredibus et successoribus nostris, praefatis Maiori, Maior constituitur Escaetor infra comitatum Civitatis Exon. Ballivis, et communitatis Civitati nostrae Exon praedictae et eorum successoribus imperpetuum quod Maior civitatis nostrae, praedictae et successores sui imposterum pro tempore existentes, imperpetuum sit Escaetor noster haeredum et successorum nostrorum, detempore in tempus, infra comitatum Civitatis nostrae Exon praedictae. Ita quod juramentum praestet corporale in Guihalda Civitatis praedictae, tempore admissionis suae in officium Maioratus, quod officium Escaetoris fideliter exerceat. Et quod nullus alius Escaetor nostrae haeredum vel successorum nostrorum infra dictam Civitatem nostram aut fines et limites comitatus eiusdem civitatis, aliqualiter se intromittat, aliquo tempore infuturum. Et quod vicecomes noster haeredum et successorum nostrorum infra comitatum dictae Civitatis nostrae Exon imperpetuum, Vicecomes custodiet duo sua turna. in quolibet anno habeat, teneat et custodiat, duo turna cum curia visusfranciplegij infra comitatum Civitatis nostrae Exon praedictae, temporibus in alijs comitatibus regni nostri Angliae consuetis et usitatis pro eisdem. Vicecomes constituet suum subvicecomitem. Et quod quilibet Vicecōes noster haeredum et successorum nostrorum Comitatus Civitatis nostrae Exon praedictae imposterum pro tempore existenti imperpetuum faciet, constituet et habebit de anno in annum unum subvicecomitem de et pro exercitione et occupatione officij subvicecomitis infra comitatum Civitatis nostrae Exon praedictae, tali modo et forma prout civitates nostrae London et Bristollia seu eorum altera habet aut habuerit. Et quod praedicti subvicecomites, clerici et officiarij vicecomitis comitatus Civitatis nostrae Exon praedictae, Subuicecomes potest officium continuare de anno in annum. pro tempore existentes, possint et valeant continuare et exercere officia sua praedicta de anno in annum quemadmodum ceteri subvicecomites clerici et officiarij vicecomitum nostrorum in Civitatibus nostrae London et Bristol, seu earum altera possint et valeant absque ulla forisfactura, paena seu penalitate, aliquo statuto, ordinatione seu prouisione in contrarium non obstante. Et etiam volumus et per presentes pro nobis haeredibus et successoribus nostris concedimus praefatis Maiori, Maior et xxiv. possint statuta et ordinationes facere. Ballivis communitati Civitatis nostrae Exon praedictae, et successoribus suis imperpetuum quod Maior et viginti quatuor de communi consillio Civitatis nostrae Exon praedictae, vel eorum maior pars qui pro tempore erunt pro meliori statu et gubernatione conitatus aut Civitatis nostrae Exon, actus ordinationes statuta et provisiones pro communi utilitate comitatus aut Civitatis nostrae praedictae et in habitantum eiusdem, de tempore in tempus imperpetuum ordinare facere et statuere ac eadem alterare mutare et reformare ad eorum libitum possint et valeant, modo eadem leges ordinationes et statuta aut eorum aliquod sive aliqua non sit nec sint legibus et ordinationibus huius regni contraria. et ulterius de uberiori nostra gratia volumus quod praedicti Maior et Ballivi Civitatis nostrae Exon praedictae, Maior et Billivi habeant gubernationem omnium indigenorum et misteriorum. qui pro tempore erunt de tempore in tempus imposterum habeant scrutinium, gubernationem, superuisum et punitionem omnium Indigenorum et alienigenorum, omnium et singulorum civium et aliorum in habitantium infra comitatum Civitatis nostrae Exon praedictae quoquo modo utentium seu exercentum aliquibus misterijs infra comitatum Civitatis praedictae seu aliqua re eisdem aut alicui eorundem pertinente tam in emptionibus, scissuris, operationibus, mensuris et ponderibus quam in quacunque alia re ad dicta misteria seu eorum aliqua quoquo modo spectant seu pertinenti. Maior et Ballivi habent punitionem omnium personarum de aliquo misterio. Et quod dicti Maior et Ballivi Civitatis praedictae qui pro tempore erunt habeant superuisum, punitionem et correctionem tam de omnibus et singulis personis quam de misterijs praedictis ac de omnibus delictis factis fiendis perpetratis et perpetrandis infra comitatum Civitatis nostrae Exon praedictae, totiens quotiens et quando ipsis visum furit: ita quod huiusmodi correctio, reformatio seu punitio cuiuslibet delinquentis seu delinquentum, fiat per dictos Maiorem et Ballivos qui pro tempore fuerint secundum leges ordinationes et statuta huius regni Angliae aut consuetudines dictae Civitatis nostrae Exon. Et ulterius volumus et concedimus pro nobis haeredibus et successoribus nostris, praefatis Maiori, Ballivis et communitati Civitatis nostrae Exon, Camerarius Civitatis constituendus. et eorum successoribus imperpetuum quod de caetero sit et erit in Civitate nostra Exon praedicta, perpetuis futuris temporibus unus camerarius Civitatis nostrae Exon praedictae, qui quidem Camerarius et quilibet successorum eius pro tempore existens, de tempore in tempus erit eligendus nominandus et praeficiendus modo et forma sequentibus, Camerarius quando presiciendus et eligendus. videlicet quod Maior et viginti quatuor de communi concilio dictae Civitatis nostrae Exon aut illorum maior pars pro tempore existenti ad eorum libitum et placitum in guihalda dictae Civitatis nostrae Exon quandocunque volverint imperpetuum de tempore in tempus eligent et nominabunt unum de civibus eiusdem Civitatis nostrae Exon qui liber infra eandem civitatem adtunc fuerit, Camerarium Civitatis nostrae praedictae, habendum et exercendum oifficium illud quamdiu fuerit in dicto officio, ac quousque idem Camerarius ab officio illo per Maiorem et praedictos viginti quatuor de communi concilio, aut illorum maiorem partem ob aliquam causam rationabilem fuerit amotus, aut ab illo officio sponte recesserit aut morte preveniatur▪ qui quidem Camerarius sic electus, nominatus et prefectus et successores sui qui pro tempore fuerint et eorum quilibet cum electi, creati et prefecti fuerint coram Maiore et Ballivis dictae Civitatis nostrae Exon in Guihalda praedicta, Sacramentum camerarij. dictae Civitatis nostrae Exon sacramentum praestabit corporale, quod ipse officium camerarij eiusdem Civitatis nostrae Exon ac omnia quae ad illud officium pertinebunt ad faciendum et exersendum, quamdiu illud officium habuerit et exercuerit bene et fideliter faciet, exercebit et exequetur. Et quod quilibet Camerarius dictae Civitatis nostrae Exon de cetero, eligendus et nominandus, cum in camerarium eiusdem Civitatis nostrae Exon electus praefectus et nominatus fuerit habeat successionem perpetuum quodque ipse et omnes successores sui imperpetuum, Camerari successio est perpetua. Camerarij dictae Civitatis nostrae Exon nominentur et vocentur: Camerarius sigillum pro officio habere debet. habeantque et eorum quilibet habeat sigillum pro officio Camerarij dictae Civitatis nostrae Exon ac pro negotijs et officio camerarij dictae Civitatis nostrae Exon pertinens deseruiturum. Et quod Camerarius dictae Civitatis nostrae Exon ac omnes et singuli succecessores sui imposterum eligendi et preficiendi imperpetuum habeant et eorum quilibet habeat cum in officium camerarij Civitatis nostrae Exon electi, praefecti et iurati fuerint, Authoritas Cam●rarij. consimiles authoritatem et potestatem faciendi et exercendi ac omnia et singula facient et exequentur infra comitatum dictae Civitatis nostrae Exon, et libertates ac procinctus eiusdem tales et huiusmodi quanta et qualia camerarius Civitatis nostrae London infra eandem Civitatem nostram London facere vel exercere potest aut facere et exercere consuevit. Et quod praedictus Camerarius et omnes successores sivi imposterum eligendi imperpetuum Camerarius potest placitare et implacitare. per nomen camerarij Civitatis nostrae Exon et eorum quilibet pro tempore existenti coram nobis haeredibus et successoribus nostris in Cancellaria nostra haeredum et successorum nostrorum necnon coram justiciarijs nostris haeredum et successorum nostrorum de communi banco et coram Thesaurario et Baronibus de Scacario nostro haeredum et successorum nostrorum quam coram quibuscunque judicibus sive justiciarijs nostris haeredum et successorum nostrorum quibuscunque alijs iusticiarijs sive judicibus nostris haeredum et successorum nostrorum in quibuscunque curijs locis et plateis placitent et implacitentur, placitare et implacitari, responderi possint in quibuscunque actionibus, sectis, quaerelis, et demandis realibus personalibus et mixtis, negotia communia dictae Civitatis sive orphanorum eiusdem sive eo aliquod, quoquo modo tangentibus. Et quod praedictus Camerarius dictae Civitatis nostrae Exon et successores sui, et eorum quilibet detempore in tempus omnia et singula reuentiones prouentiones proficua et emolumenta quaecunque quae idem Camerarius vel successores sui tempore quo Camerarius dictae Civitatis extiterit vel extiterint ad usum et proficuum Maioris, Ballivorum et communitatis Civitatis illius receperit vel pereperit, necnon omnia onera et omnimodas charts, evidentias, scripta obligatoria et munimenta quae idem Camerarius et omnes successores sui imperpetuum imposterum eligendi pro tempore existenti durant tempore quo ipse Camerarius vel aliquis eius successorum Camerarius Civitatis nostrae Exon praedictae extiterit, Camerarius omnia que ad usum Civitatis reciperit fideliter seruab●t et expendet ac de anno in annum fidelem compotum reddet. ad usum dictorum Maioris, Ballivorum et communitatis dictae Civitatis nostrae Exon aut successorum suorum receperint seu habuerint seu recipiet, habebit ad usum dictorum Maioris, Ballivorùm et communitatis dictae Civitatis Exon et successorum suorum durant termino quo ipse Camerarius vel aliquis successorum eius, officium Camerarij dictae Civitatis nostrae Exon exercuerit, bene et fideliter custodiet et custodiri faciet ac proventus, reuentiones et proficua huiusmodi sic recepta● ad usum et proficuum eorundem Maioris, Ballivorum et communitatis dictae Civitatis nostrae Exon et successorum suorum applicabit expendet et persoluet ac de omnibus et singulis receptis et habitis, bonum et fidelem compotum quolibet anno infra rationabile tempus illi per Maiorem et viginti quatuor de communi consilio dictae Civitatis nostrae Exon coram huiusmodi auditoribus Civitatis praedictae ad hoc per Maiorem et xxiv. de communi consilio aut maiorem partem eiusdem Civitatis nostrae Exon pro tempore existent assignandi, Auditores de audiendo Camerarijcon poto per Maiorem et xxiv, sunt assignandi. bene et fideliter reddet et faciet. Et quod praedictus Camerarius dictae civitatis Exon et quilibet successorum eius pro tempore existenti qui ab officio Camerarij Civitatis illius ut praedictum est amotus fuerit ob aliquam causam rationabilem per praedictos Maiorem et xxiv. de communi consilio dictae Civitatis nostre Exon vel per maiorem partem eorundem: aut recesserit ab officio praedicto aut morte preventus fuerit, quod tunc post rationabile tempus per praedictos Maiorem et xxiv. de communi consilio aut maiorem partem eorundem prefigendum postquam sic amotus fuerit vel recesserit ipse executores vel assignati sui sufficientem et fidelem compotum de omnibus et singulis per ipsum preantea receptis et habitis ad usum praedictorum Maioris, Ballivorum et communitatis coram auditoribus per praedictos Maiorem et xxiv. ut prefertur assignandis reddet et faciet et reddi et fieri faciet. Et ulterius de uberiori nostra gratia cupientes providere pro tutela defencionae et regimine Orphanorum etinfantium qui iam sunt et imposterum in Civitate praedicta erunt et fore contigerint quod bona et catalla eorundem de caetero, Bona orphanorum ad eorum optimum usum conferenda. imperpetuum et de tempore in tempus fideliter et just custodiantur sine destructione seu spoliatione eorundem. Et quod bona et catalla eadem conferantur et disponantur ad optimum usum et proficuum eorundem Orphanorum et Infantium: de gratia nostra speciali et ex mero motu nostro volumus et per presentes pro nobis, Camerarius debet custodiam habere omnium bonorum orphanorum. haeredibus et successoribus nostris concedimus praefatis Maiori, Ballivis et communitati Civitatis nostrae Exon et eorum successoribus imperpetuum quod praedictus Camerarius dictae Civitatis nostrae Exon et successores sui imperpetuum cum consensu assensu, et advisamento dictorum maioris & xxiv. de communi consilio dictae Civitatis Exon aut eorum maioris partis qui pro tempore fuerint, recipere possint et eorum quilibet recipere possit ab omnibuset singulis cui vel quibus custodia bonorum seu catallorum omnium huiusmodi orphanorum et puerorum commissa fuerit de eorum Manucaptoribus recogniciones seu obligationes de et pro huiusmodi pecuniarum summis ipsis Orphanis et pueris debitis seu debendis certis terminis soluendis ac easdem pecuniarum summas in recognitionibus sic per recognitores praedictos recognitas de terris tenementis bonis et catallis ipsorum custodum et Manucaptorum suorum quorumcunque in conitatis Civitatis praedicte existentibus leventur ad usum dictorum Orphanorum ac puerorum ad quorumcunque manus terrae et tenementa illa devenerint, ac eadem eisdem Orphanis seu pueris libere tenenda ut liberum tenementum suum juxta formam Statuti de eiusmodi recognitionibus apud Westmonasterium editi liberent seu liberari faciant. Camerarius gubernationem habere debet omnium otphanorum. Et quod idem Camerarius dictae Civitatis nostrae Exon pro tempore existenti et successores sui habeant de caetero imperpetuum custodiam et gubernationem omnium et singulorum Orphanorum quorumcunque civium infra dictum comitatum Civitatis nostrae Exon. Camerarius potestatem habet colligendi omnia quaecunque sunt Orphanorum. Et quod idem Camerarius dictae Civitatis nostrae Exon et successores sui habeant et habebunt authoritatem, facultatem et potestatem recipiendi, levandi, colligendi, seisendi, custodiendi et custodiri faciendi in communi thesauro Civitatis nostrae Exon praedictae oina bona, catalla, debita et legata quaecunque infra conitatum Civitatis nostrae Exon praedictae contingentia, emergentia, inventa seu existentia quorumcunque Orphanorum aliquorum civium Civitatis praedictae imposterum obire contingentium et eadem bona, Camerarius et Maior cum consensu 24. omnia bona orphanorum ad eorum conodun debent exponere. catalla, debita seu legata dictorum orphanorum ad meliora opus usum commodum et proficuum eorundem per Maiorem et xxiv. de communi consilio pro tempore existenti aut eorum maiorem partem et Camerarium dictae Civitatis nostrae Exon convertantur et exponantur, prout in Civitate nostra London est et consuetum. Et quod eadem bona, catalla, debita et legata eisdem Orphanis soluent et deliberent ad huiusmodi aetatem ac eisdem modo et forma in omnibus prout in Civitate nostra London ante hac in hac part usitatum et consuetum fuit. Et quod dictus Camerarius dictae Civitatis nostrae Exon et successores sui pro tempore existenti habeant omnia huiusmodi actiones, sectas et remedia pro subtractione et raptu aliquorum Orphanorum infra comitatum dictae Civitatis nostrae Exon contingentibus, ac pro recuperatione aliquorum bonorum, catallorum, debitorum et legatorum eorumdem omnes tales et huiusmodi officiarios pro meliori gubernatione et preseruatione dictorum Orphanorum ac bonorum, Catallorum, debitorum et legatorum suorum quae et quales in praedicta Civitate nostra London habere ante hac usitatum fuit aut debuit. Camerarius Exon omnia potest exequi que potest camerarius Civitatis London. Quodque omnia et singula alia quecunque huiusmodi orphanorum et puerorum bona, catalla, debita et legata eorundem tangentia Exequantur et fiant quenadmodum in dicta Civitate nostra London exequi fieri et peragi ante hac usitatum fuit. Quae omnia inuiolabiter observari volumus per presentes. Et eo quod expressa mentio de vero valore annuo aut de aliquo alio valore seu certitudine premissorum sive eorum alicuius aut de alijs donis sive concessionibus per nos, vel per aliquem pro●enitorum sive praedecessorum nostrorum praefatis Maiori, Ballivis et communitati Civitatis nostrae Exon praedictae seu eorum alicui ante haec tempora facta in presentibus minime factum existit. Aut aliquo Statuto, actu ordinatione, prouisione, proclamatione seu restrictione inde in contrarium ante haec tempora facta, edita, ordinata seu provisa, aut aliqua aliare, causa vel materia quacunque in aliquo non obstante. In cuius rei testimonium has literas nostras fieri facimus Patentis. Teste meipsa apud Westmonasterium vicesimo primo die Februarij. Anno Regni nostri tertio. ¶ Per breve de privato sigillo et de data predicta authoritati Parliamenti. ¶ An Act of Parliament for the confirmation of the Charter of the City of Excester for the order of the Orphans within the same. ELIZABETH A DEI gratia Angliae, Franciae et Hiberniae Regina fidei defensor. etc. Omnibus ad quos presents literae pervenerint salutem. Inspeximus tenorem actus Parliamenti nostri nobis in cancellariam nostram virtute brevis nostri missi et in filacijs eiusdem cancellariae nostrae residentis in haec verba. In Parliamento tento apud Westmonasterium xii. die januarij 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 conitatis assensu et dictae Regiae Maiestatis tum presentis consensu inter alia sancitum inactatum et ordinatum fuit presence hoc Statutum videlicet. For the confirmation of diverse liberties granted by letters Patents to the City of EXCESTER. WHere our most gracious Sovereign Lady the queens Majesty by her letters Patents under her great seal of England bearing date at Westminster the xxj. day of February in the third year of her highness reign, for the love and favour which she did bear to her loving Subjects the Mayor, Balifs and Commonalty of her City of Excester wishing and much desiring the common weal of the Mayor, Bailiffs and commonalty of her said City, daily to be reformed, governed and augmented, and also willing the faith, obedience and service of the said Mayor, Bailiffs and commonalty of her said City to her most dear brother Edward, late King of England, performed and done in a certain Rebellion and siege against her Chamber of the said City moved by certain then Rebels against their faith and obedience, in the parties of Devon and Cornwall, not to be unmindefully forgotten, but rather that their faith, obedience and truth should be kept in a perpetual memory aswell for the afore said, as for other considerations her moving of her special grace, mere motion and knowledge, among other things hath granted for her, her heirs and successors, to the said Mayor, Bailiffs and commonalty of her highness City of Excester afore said, and to their successors. Every Shirif may have his under Shirif. That every Shirif or Sheriffs of the County of her said City of Excester from thenceforth for the time being for ever, shall make, constitute and have from year to year one undersheriff, of and for the execution and occupation of th'office of undersheriff within the County of Excester aforesaid, in such manner and form as her Cities of London and Bristol or either of them hath or hath had. And that the said under Shirif, Clarks and Officers of the Shirif of the County of the said City of Excester for the time being, may continued and exercise their offices aforesaid from year to year as other under Sheriffs, Clarks and officers of her Sheriffs in her Cities of London and Bristol or in either of them, might and may without any forfeiture, pain or penalty, any Statute, ordinance or provision to the contrary notwithstanding. And where also her most excellent Majesty by the same her letters Patents among other things of her mere abundant grace desiring to provide for the education, bringing up, defence and governance of Orphans and Infants which then were, or hereafter shall happen to be in her said City of Excester, that their goods and cattles from henceforth for ever and from time to time for ever should be faithfully and justly kept without spoil or destruction of the same, and that the said goods and cattles should be employed and disposed to the best use and profit of the same Orphans and Infants. Of her special grace & mere motion willed and by her said letters Patents for her, her heirs and successors granted to the said Mayor, The Chamberlain/ Mayor & xxiv. may receive Recognizances for the true answering of Orphans goods. Bailiffs and commonalty of her highness said City of Excester & to their successors for ever. That the Chamberlain of the said City of Excester and his successors for ever, with the consent, assent and advisement of the said Mayor and xxiv. of the common council of the said City of Excester, or the more part of them which for the time shallbe, may receive of all and singular persons to whom the keeping of the goods or Cattles of all such Orphans and children shallbe committed and of their mainpernors, Recognisance or Obligations of and for such sums of money to the same Orphans and Children, due or to be due at certain terms to be paid. And that the same sums of money in the recognisances so by the Recognitors afore said recognized, contained of the Lands, tenements, and cattles of the same Guardians and their mainpernors whatsoever within the County of her said City, The lands and tenements of every Recognitor making default of payment to be delivered to the Orphans. being so levied to the use of the said Orphans and Children to whose hands so ever those lands & tenements should come, and the same shall deliver or cause to be delivered to the same Orphans or Children to be freely as their free hold according to the form of the statute made at Westminster concerning such Recognizances. And that the said Chamberlain of her said City of Excester for the time being and his successors shall have from henceforth for ever, the keeping and governance of all and every the Orphans of what so ever Citizens within the said County of her City of Excester. And the same Chamberlain of the said City of Excester and his successors, shall have authority, faculty, and power to receive, The Chamberlain hath power to cease & keep all Orphans goods to the use of Orphans. levy, gather, seize, keep, and cause to be kept in the common Treasury of her City of Excester afore said, all the goods, cattles and legacies whatsoever within the County of the City of Excester aforesaid, happening, arising, found or being of what soever Orphans of any Citizens of the said City from thence forth happening to die. And the same goods and Cattles, debts or legacies of the said Orphans to the best use, commodity, and profit of them by the Mayor and xxiv. of the common council for the time being or the more part of them, and by the Chamberlain of the said City of Excester to be turned and employed as in her City of London it is used and accustomed. And the same goods and cattles, debts and legacies they shall pay and deliver to the same Orphans at such age and in the same manner and form in all things as in her City of London heretofore in that behalf hath been used and accustomed. Orphans to be fully answered of their goods at their full age. And that the said Chamberlain of the said City of Excester and his successors for the time being shall have all and such actions, The Chamberlain to have his action for the e●oyning or ravishing of any Orphan. suits and remedies for the withdrawing and ravishing of any Orphan within the County of the said City of Excester happening, and for the recovery of any their goods, cattles, debts, and legacies and all and such officers for the better governance and preservation of the said Orphans and of their goods, cattles, debts & legacies, as in the City of London heretofore hath been used, or aught to be used. All things concerning Orphans to be done in Excester as it is used in London. And that all and every other thing whatsoever touching the said Orphans or their goods and cattles, debts and legacies shallbe executed and done as in the said City of London before time hath been used to be executed done & performed. Be it enacted, ordained and established by the queens MaMaiestie our sovereign Lady, by the assent of the Lords spiritual and temporal, and the commons in this present Parliament assembled, and by the authority of the same, that all and every the grants, Confirmation of the City's Charters and liberties. liberties and articles contained in the said letters Patents to the said Mayor, Bailiffs and Commonalty of the said City of Excester by our said sovereign Lady, granted and made, mentioned and recited in this present Act, to be to the same Mayor, Bailiffs and commonalty, and to their successors by authority of this present Parliament ratified and confirmed in all points. And that the said Mayor, Bailiffs and commonalty, and their successors for ever shall and may quietly have, use, do, excercise and enjoy all and every the grants, liberties, privileges, powers, authorities, jurisdictions, actions, usages and other things what soever to them by the said letters Patents granted as amply and in as large manner, form, sort and degree as the true meaning of the queens highness was by the said letters Patents, any Act or Acts before this time had or made, or any other thing or matter what soever to the contrary in any wise notwithstanding. Provided always that this Act or any thing therein contained shall not in any wise extend, This grant not to extend to any the Queen's majesties wards the Bishop/ Deane and Chapter. be prejudicial or hurtful to the right of any lawful ward or wards of the queens highness her heirs or successors, or to the lawful ward or wards of any other person or persons, nor to the Bishop of Excester or to his successors, nor to the Dean and Chapter of Excester, nor their successors, for or concerning any their liberties, privileges, leets or franchesies whatsoever, being within the limits and bounds within the County and City of Excester aforesaid, but that they and every of them shall and may have, hold, use, exercise and enjoy the same liberties, privileges, courts, leets and franchesies and every of them in such like form and condition to all intents as they or any of them heretofore lawfully had, occupied or enjoyed, or might lawfully have had, occupied or enjoyed before the making of this present Act, in such manner and form as if this Act had never been ne made, any thing in this Act to the contrary notwithstanding. Provided always and be it enacted by the authority afore said that all Recognizances which hereafter shall be taken and knowledged by any person or persons within the County of the said City of Excester touching or concerning any the said Orphan or Orphans goods or cattles, All Recognizances to be taken before the Mayor and xxiv. of the City. shallbe taken and acknowledged before the Mayor and xxiv. of the common council of the said City or the more part of them, and that every such Recognisance so taken and knowledged to any person or persons shall extend and be of force, validity and effect, in law to all intents and purposes as Recognizances touching or concerning Orphan or Orphans goods and Cattles, taken or knowledged within the City of London hath been here tofore used or accustomed, and of no greater force, strength and effect any thing herein contained to the contrary not withstanding. Nos autem tenores dicti actus Parliamenti nostri ac omnia et singula in eodem contenta ad requisitionem Maioris, Ballivorum et Gomitatis Civitatis Exon duximus exemplificandum per presents. In cuius rei testimonium has literas nostras fierifecimus Patentes teste meipsa apud Westmonasterium tertio die Maij, anno regni nostri, quinto. The Statutes, decrees and ordinances, made decreed and established by the Mayor and the xxiv. of the common council of the City of Excester, for and concerning the ordering of Orphans and of all such goods and Cattles as to them appertaineth, within the City of Excester and liberties of the same. FIrst it is ordained that what soever benefit doth grow to the Child of any free man of the City of Excester, whether it be by lands, All the goods and lands appertaining unto any are wholly in the governance of the Mayor & xxiv. or goods, or legacies, or whether it be from father or mother, or strangers, or whether the Parents living or dead, the same shallbe wholly in the order and governance of the Mayor and xxiv. of the common council. ¶ Also within one month after the death of any free man the Executor or Administrator shallbe warned by an Officer therefore appointed (called the common Crier) to appear before the Mayor and xxiv. at the next Court day to be holden, The Executor or Administrator to be warned to bring in the Testament by a day. and then and there shallbe bound by Recognisance to bring into the Court at a certain day by them, then to be appointed, the last will or Testament and Inventory of the Testator and that before the Executrix (if she be a Widow) do marry. ¶ Also if the Executor so warned by the common Crier to appear at a certain day appointed before the Mayor and xxiv. do it not, or refuse to do it, The Executor refusing to appear to be committed to prison that then he or they so refusing and not appearing, to be committed to Prison and there to remain until he do enter in bond or Recognisance with sufficient sureties to bring in the Will or Testament and Inventory in manner as is before declared. ¶ Also it is ordered that when any Inventory is to be made Praisers to be appointed and sworn by the Aldermen of the ward. the Praisers of the goods of every such Testator shallbe appointed by the Alderman or his Deputy of that ward in which the Testator died and dwelled, and which Praisers shall devil also in the same ward and before they do make any praisement, they shallbe sworn to value and praise the goods indifferently. The Executor is to be sworn that the Inventory is true. ¶ Also the Inventory being brought in by the Executor or Administrator at the day and time prescribed the said Executor or Administrator shallbe sworn that the Inventory is just and true which oath is to be ministered by the common Sergeant. ¶ The manner of the oath to be exhibited to the said Executor or Administrator is this. The oath of the Executor. You shall swear that you have truly presented and showed forth to the Praisers by the Alderman or his Deputy of the ward appointed, all such goods, cattles, money, plate, jewels, household stuf, wares, merchandise, Leases and what so ever other goods as were your last Testators, you have left out no money, you have charged him with no debts to be 〈◊〉 or desperate, which you do think in your conscience to be good debts, but you have done all things uprightly and truly, as an Executor aught to do. So God help you and by the contents of this book. And if he, she or they do refuse to be thus sworn, that they by the Mayor be committed to ward. ¶ Also when the Inventory is received together with the will or Testament, The common Sergeant is to deduct all the debts and funerals out of the whole goods. which is also to be brought in and exhibited. The common Sergeant shall deduct out of the whole Inventory, the debts, and so much funerals as according to the substance is allowed, and that done: shall divide the whole residue into three parts, whereof th'one third to be to the wife, one other third to the Children, and the last third reserved for the performance of the will of the Testator. The Testator having no wife the goods must be divided in to two parts. ¶ Also if the Testator had no wife at the time of his death, than the goods shallbe divided but into two parts, whereof th'one moiety shallbe reserved to the Children, and th'other moiety to be reserved to the Testator. The like is if the testator be a widow. ¶ Also when the common Sergeant hath thus divided the third part or the one moiety for the Children, The common Seargeant is to examine the will for the legacies/ if any be given to any Orphan. than he hath also to examine and peruse the Will and Testament for Legacies, and if he find any to be given to the Children or to any of them over and above the third part due unto them, then shall he give that in charge, and shall demand and require sureties aswell for the legacy as for the Orphanage. ¶ Also in taking of Sureties there may be no fewer than four to be taken in every Recognisance for every Orphanage or Legacy if the sum thereof do amount and be one hundred pounds. Four sureties to be taken in every Recognisance of an hundred pound. And there shall not be above one hundredth pounds in any ●ne Recognisance, Every surety must be worth the principal. and every Surety taken shallbe by the consideration of the Court worth the principal. ¶ Also every Recognisance to be taken and acknowledged must be taken to the Chamberlain for the time being, Every Recognisance must be taken to the Chamberlain but before the Mayor & xxiv. but before the Mayor and Common council, who must be advised of the state and ability of every Surety. ¶ Also if the funerals do pass and surmount the portion appointed for a man of that substance, Funerals more than ordinary 〈◊〉 they be to be 〈◊〉. than the overplus which was not deducted of the whole Inventory: shallbe deducted out of the Testators part as the Legacies be. And if such overplus of the funerals do surmount the Testators third part, than every one which is to receive and have any Legacy, shall bear his part and portion after the rate. ¶ Provided nevertheless that the funerals do not exceed nor surmount the ordinary appointed. ¶ Also every year on the Monday next after Midlent Sunday there shallbe kept before the Mayor and Common council of the City, the general court of Orphans, A general Court of Orphans to be kept yearly on the monday in mid Lent. at which all sureties upon any Recognisance shallbe called and if they make any default so that no one surety do appear, for every one Recognisance, that then the surties to pay ij d. for every pound of so much as they stand bounden for. And then the Mayor and common council, or the more part of them may at their pleasure upon reasonable causes of default of ability to 'cause them to put in further Sureties. ¶ Also if any Orphan do marry before full age without license of the Court, Every Orphan married with out licence is to be deducted of some part of the portion for a fine. than there shallbe deducted out of every pound due by Recognisance, or of so much money as shall remain in the custody of the City xii. d. and the same to be forfeited to the use of the Chamber, and if any woman child being an Orphan and under the age of xxj. years, after the death of her father, do either contract and insure herself in marriage, or do perfectly consummate and solemnize the same with any free man without consent of the Mayor and Court, that then for every such default so committed being sufficiently proved by two witnesses or confessed by the parties, or otherwise well known to the Mayor and Court, shall forfeit, forego and loose of every pound due to her for her Orphanage the sum of xii. d. to the use of the Chamber of the said City. And if any such contract or Marriage be had and made with any foreign, and not being free of said City at the time of the said contract or marriage, that then the Orphan to forfeit and forego of every pound of her portion 3s. of which one xii. d. of every pound to be to the use of the Chamber, and the other ij.s. of every pound to be to the use of such other Orphan or Orphans as shall then remain unmarried, being the brother's sisters or compartenes with the ●aid so married or contracted Orphan, and for such default to the next of the kindred. Children married and having been advanced are not to have any child's part. ¶ Also all such Children as are married in the lifetime of the Father and have accepted any advancement, shall not be partakers of any portion after the death of his father, except he, she or they, have the father's hand or mark in writing to the contrary. And in that case, he, she or they, shall have so much to that which they had already received as to make up therewith a whole part, which they are to recover of the Executors, by bill or plaint before the Mayor and common council wherein no wager of Law, protection. etc. Provided that what soever the Testator giveth to his wife in jointer or to his Child unmarried is not to be accounted for any advancement, unless the father do by express words give it to his Child as for his full Child's part and portion. ¶ Also every Orphan demanding and requiring his part and portion, Every Orphan is to prove his age before he do receive his portion. is first to prove his full age of xxj. years unless he or she be married, and the age justly before the Mayor and common council or the more part of them being duly proved, than he or she to receive his or her portion. ¶ Also every Orphan receiving his or her part and portion shall at the receipt thereof knowledge and confess before the May or and Chamberlain a full payment and satisfaction, Every Orphan receiving his portion/ is to confess satisfaction. and then the Recognizances taken in his or her behalf for the said money, is to be canceled by crossing the same over with a pen. ¶ And if the Orphan be a woman and married before she be of the age of xxj, An Orphan married she and her husband at the receiving of her portion must confess satisfaction. years then at the receipt of her part and portion, her husband and she together, shall in the Court confess and acknowledge satisfaction, and then the Recognisance to be canceled as is before declared. ¶ Also if the Mayor and Council shall suspect the Executor or any other person or persons to convey any such goods out of the liberty of the City, than the Mayor may 'cause and will the common Crier which is a Sergeant at arms in that case to sequester the same in safe keeping. ¶ Also the Mayor and Common council shall bring all the goods unto ready money, as also the Plate and jewels, All the goods must be reduced into ready money and according to that same sureties are to be taken. and bring the same to one certain sum, and then the disposition of the Orphan's parts, is as shall please the Mayor and common council, and to appoint the same to whom they think good. Nevertheless if the Executors or administrators will or do make request and put in good and sufficient Surties for the true answering thereof at the age or marriage of the Orphan, they are to be heard and have the preferment. And then the same Executors or Administrators shall have the use of the same part and portion until the full age or marriages. And yet this notwithstanding, the Mayor and common council may retain all, half or so much in their hands as they list and may deliver to the Executors or administrators what part & portion them pleaseth. All legacies given to Orphans ●hall remain ●n the custody of the Execu●ors or Admi●istrators if ●hey do put in sureties. ¶ Also for and concerning any thing given and bequeathed in legacy to any Orphan that shall fully and wholly remain and be in the distribution of the Executor and administrator, so that he do put in sureties for the answering and paying of the same unto the Orphan. And if the thing bequeathed be a cattle in remained, they must and are to put in sureties not to altar the same. The Mayor may appoint the custody of every Orphan to whom he pleaseth. ¶ Also the custody of every Orphan shall be committed to such person or persons as the Mayor and common council shall appoint to be the Guardians. ¶ Also it is ordered that the Orphans of all and every Testator which died here tofore not understanding the contents of this Act of Parliament, shall not demand by virtue of this Act any more for their parts or portions but only the third parts any Legacy notwithstanding. Any Orphan having inordinately used himself▪ to be excluded of a child's part. ¶ Also if any man child 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 her Father or mother. Or if any Man child within the age of xxj. years, do marry or contract marriage in the life time of his Father without his consent or against his will by whom he will claim any portion. Or if any man child be a Thief or a felon, or a common whorehunter, or a common Barrator, Dicer, or a common player at unlawful games notoriously known. Or if any woman child do hereafter marry or contract marriage in the life time of her father or other parent, by whom she will claim any portion, before the age of xviij. years, without the consent of her said father or such other Parent, by whom she will or shall claim any portion. Or shall hereafter commit any whoredom, or be a thief, or a common picker. That every such person so offending, shallbe barred and excluded to have any part or portion. ¶ Provided nevertheless that if the father or mother of any such Child or Children do give and bequeath in Legacy to any such child or Children, A legacy given by express words unto any inordinate child is sufficient and goodly order. so much as the portion of such a Child so offending should or may amount unto by the custom of the City: that then the said Child or Children shallbe enhabeled to demand and have the same portion or Legacy, so that the same gift or Legacy be contained in his or their Testament in writing and not otherwise. And the said Child or children shall be admitted and restored to claim and demand such legacies any thing in this Act to the contrary notwithstanding. ¶ Also if any Orphan do die within age, The portion of every Orphan dying/ is growing to his administrator. than his or her part shall accrue and grow to the Administrator of the said Orphan. ¶ Also that the wives part nor the Child's part being once divided shall no more after be divided. A part once divided shall no more be divided. ¶ Also all Legacies and bequests are to be paid and answered at the times by the Testament appointed saving unto Orphans who are to receive the same at their full age or marriage. Orphans to receive their portions only at full age. ¶ Also no woman's goods is to be divided according to the custom, but yet if any thing grow to any Orphan by or from any woman, the same is to be ordered as any other goods which groweth unto any Orphan. ¶ Also if the Widow of the Testator who is made Executrix or is the Administrator, The Executrix marrying before she hath yielded a true Inventory/ to loose viii. s the pound do marry before she have exhibited a true and a just Inventory, she shall loose viii. s. of every pound of her own third part to the use of the Orphans. ¶ Also the Chamberlain, the common Sergeant, The Chamberlain/ the common Sergeant & the common crier have authority as is used in in London. the common Crier, and every of them for the time, shall and may do all such Act and acts, thing or things, in and about the premises and have like authority, and take such ordinary fees and advantages appertaining to their several offices, as is used in the City of London. All things to be done in Excester as is in London concerning Orphans. ¶ Aso the manner of Orphans and of their goods and all other suits, things and doings thereunto appertaining, are to be used in the City of Excester in all things as in the City of London. The wife being never so unnatural cannot be deprived of her third ¶ And furthermore if a man die, his children being within age and hath an unnatural wife and leaveth to his Children all his goods being worth ij. hundred pound, but giveth to his wife only x. pound and his household stuff, she shall notwithstanding have the third part of her husband's goods without denial: nevertheless if she be lunatic or become any Idiot, the Mayor and common council are to commit her and her portion to be ordered by such as they shall think good, and this they may do by custom. Children being Executors may sew or be sewed. ¶ Also if a man make his Children (being within age) to be his Executors they (by the custom) may sew and be sewed as Executors but not otherwise: but for the better preferment of the Orphans, the Mayor and common council if they think it so convenient may pray and request the Ordinary for the administration: who thereupon is to commit it and commonly doth commit the administration to the Chamberlain or to some other whom the Mayor and Court of the xxiv. shall think good: which said Administrator may then sew to the best behoof and use of Orphans. And if it be not the Chamberlain to whom the said Administration is granted, than the said Administrator shallbe bound by Recognisance to be taken and acknowledged before the Mayor and common council that he shall truly sew to and for the use of the Orphans, that he shall in the end of his suits tender a perfect account to the Mayor and common Counsel of his said suits. And that he shall not do nor procure any thing or things, Act or Acts to be done to their hindrance, prejudice or damage. Provided that the said Administrator must be always a free man. What so ever of any Orphans goods doth remain in the City's hands no profit is to be allowed thereof ¶ Also whereas by the order, the Mayor and xxiv. of the common council may retain all or what they list in their custody of any Orphans goods, or to dispose it to the Executors as them pleaseth then this is the order. Of every hundredth pound or of so much as in the hands of the Mayor & common council, there shall be nothing allowed unto the Orphans towards their finding of that portion, because it is intended that their money lieth upon some good consideration in their hands, and for their better surety, without any commodity or profit to the Chamber. But for every hundred pounds which lieth in the Executors or any other persons hands there shallbe allowed as followeth. For the first hundred pound, to pay for every pound xii. d. For the second hundred pound, to pay for every pound viii. d. For every third hundredth pounds, to pay iiij. d. for every pound. And if the Orphanage do amount unto more, then shall Recognizances be taken reserving such several allowances as according to the rate. Provided that if he be a free man or Citizen which hath the use of any Orphan's portion, he shall pay no more towards the finding of the Orphan than doth the Executor or Administrator. ¶ Also who soever hath the use of any Orphan's portion, What profit so ever groweth of a child's part/ goeth to the use of the same Child. and what soever gain, profit or commodity groweth by the use thereof, no profit shall grow unto the Chamber of the City, but all to the use of the Orphan. ¶ Also if any freeman die having Orphans at Nurse out of the liberties of the City, If any foreigner which hath any Orphans goods/ will not come before the Mayor and deliver the same or be bound according to the order/ a bill is to be exhibited against him into the Court of the Chancery. and his goods be lying in sundry or several parts of the Realm, and the administration is granted by the Ordinary unto a stranger or foreigner which is not free of the liberties of the City, and do also take the goods which they find within the liberties of the City into their hands and dispose it at their will and pleasure, the Mayor and common council in this case cannot of themselves make any process to compel them to come in, but a bill of petition is to be made to the Lord Chancellor or to the Lord keeper: upon which bill so preferred a Sub pena is granted against the party, to compel him to appear in the Chancery. And then he which is so complained upon, is there bound to appear before the Mayor and common council, and to abide their order according to the ordinances and customs of Orphans ¶ Also the like order is when any person being not free and not within the City do withhold any Orphans goods there is no other process to be had against him but by a Bill before the Lord chancellor or Lord Keeper as is before said. The Bill to be made to the L. Keeper must be in the name of the Mayor. ¶ Also all and every Bill to be preferred to the Lord chancellor or Keeper, must be made in the name of the Mayor and common council as Guardians to the Orphans within the said City. Every foreigner having any goods in his custody/ growing to any Orphan/ if he come within the liberties of the City may be committed to ward until he do pay or take order for the same. ¶ Also if any person not being free of the City, nor inhabiting within the same, have any goods in his hands of any free man dying Testate or intestate which hath any Orphans: and detaineth and keepeth the same out of the liberties, and doth dispose the same at his will and pleasure, whether he be the Executor, Administrator or what soever else. If he chance to come within the liberty, the Mayor and common council by their privilege, authority and commandment, may commit and sand him to ward or prison, there to remain prisoner until such time as he shall deliver all the same goods as be or were in his hands at the time of the death of the owner deceased, or at the discretion of the Mayor & xxiv. shall put in sufficient sureties to do the same by or at a certain day therefore then to be appointed. And the Executor or Administrator shall before his delivery, deliver and put in a true and just Inventory, or shall put in sureties so to do by a day. And then the Inventory being put in and exhibited, he shall swear that the Inventory is just and true, and also put in sufficient sureties or be bounden by a day so to do, for the true answering of the Orphan's parts and portions. But if any such person, Executor or Administrator, do not come within the City or liberties of the same, than a Bill is to be preferred to the Lord Chancellor declaring the substance of the matter (as is aforesaid) Upon whieh bill so exhibited, the Lord chancellor or Lord Keeper taketh order that the party complained of, shall by a day appear before the Mayor and common council, and to satisfy and do all, and all manner of things to the behoof & use of the Orphans according to the good orders, usages and customs of the City. ¶ Also if the Executor or Administrator of a free man be a foreigner and not dwelling within the City refuseth to bring in any Inventory and cometh not within the liberties of this City, and that no Bill at all is exhibited against him. The administrator of a free man being a foryner/ may be sewed by the Orphan for his part at the common law. The Orphan at his full age may bring his action De rationabili part bonorum at the common law against the Executor or administrator, & declare upon the custom of the City. And thereupon a Cerciorari is directed to the Mayor and common council to certify the custom in that behalf, which certificate is to be made under their common Seal. And the same is always allowed and is the best remedy in such cases. ¶ Also what soever is before said of or concerning any man withholding any goods, What so ever is spoken of a man being an Executor or administrator is also meant of the woman. or being an Executor or Administrator, the same is also meant and to be observed of the wife, which is the Executrix, or do administer her husband's goods, or do other wise keep and withhold any goods growing to any Orphan. ¶ Also when any Recognizances be taken, they which have the use of the money, that is to say, the Recognitors, A Recognisance knowledged/ the Recognitors are to pay the fees/ but at the discharge he who receiveth is to pay. are to pay the Officers féees out of their own money and Purses, but when a Recognisance is discharged, and satisfaction knowledged, the Orphans are to pay & must satisfy to the officers the fees appointed, according to the sums & rates therefore appointed. And if the said fees be denied, the officers may bring their action of debt as the Attorneys at the Common law do and may do for their fees, declaring that time out of mind such fees have been used to be paid, and now the same denied to their damage. Also if the Recognitor or Executor do not bring in a perfect Inventory, at or by the day to ●hem appointed, If the Inventory be not brought in by a day/ a scire facies is to be awarded in the name of the Chamberlain. than a Scire facies is to be awarded against him or them in the Chamberlains name, or else if you list he may be arrested upon the Recognisance. ¶ And it is also further provided, that if the Son of a free man being of lawful age, do marry with 〈◊〉 consent of his Father, or if a foreyner do marry with a free 〈…〉, by and with the consent of her Father and at the time of the Espousals or marriage or at any time after do confess before witnesses, A free m●ns Child marrying with the consent of his parent and confessing at any time a satisfaction of his portion is for ever excluded to demand the same. or by their hand writing, that they are full satisfied and paid of their part and portion, or if they do at any time acquit, release and discharge the said Father, having also other Children being young and within age, he and every such child so confessing, acquitting or discharging, shall for ever after be unable to demand or have any further part or portion, but shall be deemed and reputed to be fully paid and satisfied. ❧ The form and manner of the Recognizances. MEmorandum quod viii. die mensis julij anno Regni dominae Reginae Elizabethae dei gratia Angliae, Franciae et Hiberniae Reginae, fidei defensoris. etc. octavo. Galfridus Thomas et Antonius Thomas Draperij et Cives Civitatis Exon venerunt in curiam dictae Dominae Reginae in camera Guyhaldae Civitatis Exon, coram johann Wolcot Maiore et xxiv. de Communi consilio eiusdem Civitatis et recognoverunt se et eorum quemlibet per se pro toto et insolidum debere johanni Vowel alias Hoker generoso Civitatis praedictae Camerario centum libras bonae et legalis monetae Angliae, Soluendas eidem Camerario aut successoribus suis Camera rijs ante dictae Civitatis, per viam Recognitionis. Et nisi fecerint et eorum quilibet per se fecerit, concedunt et eorum quilibet, per se concedit quod summa praedicta de terris, tenementis, bonis et cattallis suis et cuiuslibet eorum levetur performam seu viam Recog. ❧ The Condition. THE condition of this Recognisance is such, that if they above bounden Geffrey Thomas and Anthony Thomas or any one of them or any other person or persons for them or for any of them, do pay, deliver or cause to be paid and delivered into the Court aforesaid, unto the above named Chamberlain or his successors for the time being, the full sum of xxxvij. l. ij.s.ij. d. lawful money of England, to the use of Edmund, jasper, Elizabeth & Alis Bridgeman, the children & Orphans of Edward Bridgeman late Citizen and Draper of the City of Excester deceased, that is to wit to every of them ix. l. ij.s.uj. d. at such time and times as they or any of them shall come and be of lawful age according to the custom of the City of Excester, or if the foresaid Elizabeth and Alis do happen to marry before such age: for a portion dew unto them out of the goods and Cattles of the foresaid Edward Bridgeman. And if any of the said Orphans do die in the mean time, that then if they pay and deliver to the said Chamberlain the part & portion of every of them so decessing to be disposed according to the custom of the said City. And do also pay and deliver unto the said Chamberlain and to his successors for the time being, into the foresaid Court all and every such sum & sums of money as by any manner of m●nes shallbe received, recovered, due and appointed to the use of the said Orphans. And also if the said Recognitors or any of them, their Executors or Assigns do find or cause to be found to the said Orphans and every of them, meat, drink, cloth, and all other necessaries during the time of their Orphanages, and every of them at the proper costs and charges of the said Recognitors. And do not bind them nor any of them an Apprentice nor marry them, nor eloygn them without the said City, without the licence of the Mayor and common council for the time being given in the Court. And also if any of the said Recognitors hap to die or to fall in decay or to eloygn his goods out of the said City, or to dwell out of the same, or of the liberties thereof, that then if the other than living do bring in one other able and sufficient person to be bound in the like sum, within one month after such thing or matter so happened. And also if the said Orphans & every of them be hereafter justly and truly satisfied and contented of all their part & parts, and portions of all such debts of the aforesaid Edward Bridgemans as shallbe recovered and be due unto them, and also if the said Recognitors or any one of them do yearly appear at the Orphan's Court, to be holden yéerly at the Guildhall of this City, the Monday next after midlent Sunday. That then this Recognisance to be void, or else to stand and to remain in his full strength. The order of a Recognisance to be taken when the Executor or Aministrator hath a day appointed to bring in the Inventory. MEmorandum quod ad curiam Orphanorum tentam coram Nicholas Martin Maiore et xxiv. de communi consilio, xvij. die Aprilis Anno Regni dominae Reginae Elizabethae xvij. Gilbertus Staplehil de civitate Exon Mercator, executor testamenti seu ultimae voluntatis Walteri Staplehil de dicta Civitate civis nuper defuncti venit in propria sua personae et Recognovit se debere johanni Vowel alias Hoker gen. Camerario dictae Civitatis ducentas libras. ❧ The Condition. THe condition is, that if the above bounden Gilbert Staplehil, do, at, or on this side the last day of May next ensuing the date hereof, personally appear before the foresaid Mayor and common council, and then and there bring in and deliver a true & perfect Inventory of all the goods, Cattles, rights, credits, and what so ever else which were the foresaid Walter Staplehils at the time of his death, aswell within the City or liberties of the same as without. And do not in the mean time eloin nor convey any part or parcel of the said goods out of the liberties of the City, that then. etc. The order of a Recognisance to be taken for the bringing in of Sureties. MEmorandum quod ad curiam tentam xii. Septembris anno Regni dominae Reginae Elizabethae xiv. coram Thomae Bruerton Maiore et xxiv. de communi consilio dictae Civitatis. Henricus james civis de Civitate Exon comparuit et juratus exhibuit hic in curia inventorium omnium et singulorum bonorum, cattallorun, creditorum, quae fuerunt Arnoldi Reynoldes de eadem Civitate civis ac cordenarij defuncti et adtunc et ibidem Recognovit se debere joh. Vowel alias Hoker gen. dictae Civitatis Camerario trecentas libras legalis monetae. etc. ❧ The Condition. THe Condition is, that if the above bound Henry james do personally appear before the foresaid Mayor and common council, at the Court to be held before them at the Guildhall of the said City, at and upon the vj. day of October next ensuing the date hereof, and do bring in four good and sufficient Sureties, and such as the Court shall allow of, for the true answering of such goods and Cattles of the foresaid late arnold Renolds, which are coming, growing, or to be due to Richard and William the sons and Orphans of the said arnold deceased, and do not in the mean time convey nor eloyn the goods of the said arnold, nor any part thereof out of the liberties of the City, that then. etc. The order and form of a writ of Scire facias against any Recognitor for the breach of his Recognisance. PER MAIOREM. RIchardo Bartlet seruienti ad arma salutem. Cum Willielmus Grigge de Civitate Exon praedicta, Baker et civis, venit in curiam dominae nunc Reginae in camera Guihaldae civitatis Exon xxi. die janu. anno Regni dominae Elizabethae xuj. coram Willielmo Trivet tunc Maiore et xxiv. de communi consilio dictae Civitatis et recognovit se debere johanni Vowel alias Hoker generoso ac eiusdem Civitatis tunc Camerario xl. l. soluendas eidem camerario aut successoribus suis Camerarijs ante dictae Civitatis pro tempore existenti per viam recognitionis. Et nisi fecerit concessit quod summa praedicta de terris, tenementis, bonis et cattallis suis levetur per formam et viam recognitionis prout per eandem illius Recognitionem patet et plenius liquet: praedictus tamen Willielmus dictas xl. l. seu aliquam inde percellam praefato nunc camerario non soluit, licet sepius fuerit requisitus, sicut ex ipsius camerarij informatione accepimus. Ideo tibi praecipimus quod per probos et legales homines dictae civitatis Scire facias praefato Willielmo ꝙ sit hic in curia dominae, Reginae nunc in camera Guihaldae Civitatis praedictae coram nobis prefatis Maiore et xxiv. de communi consilio xii. mensis Februarij iam instantis proxime futuri tenenda ad ostendendum et demonstrandum si quid pro se habeat quare praedictus camerarius executionem praedictarum xl. l. versus eum habere non debet si sibi viderit expedire. Et habeas tunc ibidem nomina illorum per quos. etc. Et hoc praeceptum et cetera. Datum in Camera Guihaldae Civitatis praedictae secundo die Februarij Anno dictae dominae Reginae. xvij. ¶ Then if the said party or Recognitor do not appear upon this summons, or if he do appear, he do not satisfy the Court: then a writ of Fieri facias in the like form is to be granted and sent out against the said Recognitor. The entry to be made when any Orphan receiveth his part and portion. AT the Court holden before Nicholas Martin Mayor and the xxiv. of the common council of the City of Excester, the xx. of April in the xvij. year of the reign of our sovereign Lady, Queen Elizabeth, john Maunder the Son of Henrye Maunder late Citizen of the City of Exon, came and knowledged him to be fully satisfied and contented, of all his part and portion or of xl. l, (if it be a sum certain) dew to him by the custom of the City of his father's goods, and therefore clearly doth discharge this Court and the Recognitors. But if it be a maiden Orphan and she married: then the entry must be made in the name of her husband & of herself, and both of them must be present in the Court & confess satisfaction, that is to say. Walter Edmunds of the City of Excester Tayler, and Anne his wife, the daughter and one of the Orphans of Thomas Lambert late of the City of Excester Citizen and Apothecary deceased, came and knowledged them selves to be satisfied of her portion, being vj. l. xiij.s.iiij. d. etc. The duties which by every Officer are to be done and excuted. THe Chamberlain hath the general charge and oversight aswell of any thing appertaining to any Orphan as also of every other Officer, and of his Books and accounts concerning any Orphan, and in his name all Recognizances for Orphans are to be taken. The common Sergeant is to cast the rates, divide the portions, examine the Legacies, to see the will to be entered and the Recognisance orderly to be taken, and all other things concerning the Court, he must enter the Recognizances, make out all process and precepts of Scire facias or Fieri facias and what so ever appertaineth to the Court of Orphans. The common Crier is to present the death of every free man of the City having young Orphans unto the Mayor and Court. He is to summon all manner of persons in all things touching the Office of Orphans, he is to execute all writs of Scire facias or Fieri facias and all other processes for the same. The form and order of a Supplication to be exhibited to the Lord chancellor or Lord keeper of the great Seal. ❧ TO THE RIGHT HONOURABLE SIR Nicholas Bacon, Knight, Lord Keeper of the great Seal of England. IN their most humble manner showing unto your good Lordship, your daily Orators the Mayor and xxiv. of the common council of the City of Excester. That where at this present and time out of mind, your said Orators have been governors and defenders of Orphans, being the fatherless children of Citizens decessing within the City, which said Children have been virtuously brought up and instructed by the order appointed of your said Orators, and their goods, Cattles, lands and tenements, safely preserved and kept by their discretion and care, to the use and behoof of the said Orphans, until their full ages of xxj. years according to the custom of the said City, which said laudable custom hath always been obediently observed and kept, to the great commodity and safety of the said Orphans, their goods and portions. Not withstanding now of late (Right honourable good Lord) so it is that one R.L. a Citizen of the said City lately deceased leaving certain Orphans, remaining at the time of his death in the Country out of the liberties of the said City, and making one E.Y. a foreign from the liberties of the said City his Executor, which E.Y. having the custody and possession aswell of the Orphans & Children of the said R.L. as also of their said Fathers goods. Albeit he hath been lawfully and duly warned to appear before your said Orators, and to bring in aswell the said Orphans as also the Testament and true Inventory of their said fathers goods that your said Orators might according to the ancient custom of the said City take sufficient surety for the sure payment of the said Orphans parts at their lawful ages, and also for their virtuous and honest education and bringing up in learning and knowledge. Nevertheless he refuseth to do the same, whereby the said poor Orphans and fatherless Children, aswell for their own parts shallbe destituted of knowledge and good education, as also shallbe in danger utterly to lose & to be defrauded of their parts and Legacies, and also the good and laudable custom ever more observed and obeyed within the same City, shall be broken and violated to the no small damage and hurt of all poor Orphans and Fatherless children. In tender consideration whereof, may it please your Lordship to 'cause a Sub pena to be awarded out of this honourable court of Chancery against the said E. Y, commanding him thereby to appear in the said Court before your Honour at a certain day by your good Lordship to be appointed, and him to enjoin to abide such order and direction as your said Orators according to the custom of the said City shall appoint, and determine in the premises, and your said Orators according to their bounden duties shall daily pray to the Almighty GOD long to preserve your Lordship in honour and prosperity. The Rates and fees which are due and to be paid to the Officers upon the charge, discharge or new taking of any Recognisance. ¶ The charge and fees for every Orphanage of one hundredth pounds and upwards. ¶ To the Chamberlain, iij. s.iiij. d. xuj.s.iiij. d To the common Sergeant, u s.xuj.s.iiij. d To the common Crier, u s.xuj.s.iiij. d To the Master town Clark, ij. s.xuj.s.iiij. d To the Clerk xii. d. xuj.s.iiij. d ¶ The charge of every Orphanage of xx. l. and upwards under an hundredth pounds ¶ To the Chamberlain, xx. d. ix.s.viij. d. To the common Sergeant, ij.s.uj. d. ix.s.viij. d. To the common Crier, ij.s.uj. d. ix.s.viij. d. To the Master Town Clark, ij. s.ix.s.viij. d. To the Clerk, xii. d. ix.s.viij. d. ¶ The charge of every Orphanage under xx. pound. ¶ To the Chamberlain of every pound, ob. To the common Sergeant of every pound, ob. To the common Crier of every pound, ob. To the Master Town clerk, ij.s. To the Clark. xii. d. ¶ All which several sums are to be paid by the Recognitors of their own money and Purses without any allowance of the Orphanage or Orphan's portion. ¶ The dicharge of every Orphanage of one hundredth pounds and upwards. ¶ To the Chamberlain, iij. s.iiij. d xv. s.iiij. d. To the common Sergeant, v s. xu.s.iiij. d. To the common Crier, iiij. s.xu.s.iiij. d. To the Master town Clark, ij. s.xu.s.iiij. d. To the Clark. xii. d. xu.s.iiij. d. ¶ For the discharge of every Orphanage of xx. l. and upwards under a HUNDRED pounds. ¶ To the Chamberlain, xx. d. uj.s.viij. d. To the common Sergeant, ij. s.uj.s.viij. d. To the Master town Clark, ij. s.uj.s.viij. d. To the Clerk, xii. d. uj.s.viij. d. ¶ For the discharge of every Orphanage under xx. pound. ¶ To the Chamberlain for every pound, ob. To the common Sergeant ob. quam. To the common Crier, ob. quam. To the Master town Clark, ij.s. To the Clerk, xii. d. All which several sums are at the discharge and upon knowledging of satisfaction to be paid by the Orphans. For taking of new Sureties. ¶ When any new Surety is to be taken and a new Recognisance to be knowledged, the Clerk is to have of the said Surety. ij. d. The fees to be 〈◊〉 upon 〈◊〉 or pro●es. ¶ For every Scire facias sewed out by the Orphan upon the forf●cture of any Recognisance or otherwise the Clerk is 〈…〉 of the Orphans. xii. d. ¶ Also for every 〈…〉 sum, xii. d. ¶ And 〈…〉 of Scire facia● 〈…〉. xii. d. ¶ The like 〈…〉 upon every Fieri facias. xii. d. ¶ The Rates limited and appointed for funerals ¶ A man worth declare his 〈…〉 shallbe allowed for his 〈◊〉 i. C. l. ¶ A man worth 〈…〉, l. l. ¶ A man worth 〈…〉 ¶ A man worth 〈…〉, ¶ A man worth 〈…〉 ●. l. ¶ A man worth i C. l. and under ij. C. l. u l. ¶ A man worth l. l. and under i C. l. l.s. ¶ A man worth xx. l. and under ●. l. xxx.s. ¶ A man worth x. l. and under ix. l, xx. s. ¶ But for as much as the great expenses in funerals are now by alteration of Religion abated, there is to be allowed so much for funerals as by the Mayor & common council 〈◊〉 reasonably 〈…〉 good. FINIS.