LEX LONDINENSIS; OR, The City Law. Showing the Powers, Customs and Practice Of all the several COURTS Belonging to the FAMOUS CITY OF LONDON: VIZ. The Lord Majors Court. The Orphans Court. The Court of Hustings. The Court of Common Council. The Court of Aldermen. The Wardmotes. The Courts of Conservacy for the River of Thames. The Court of Conscience. The Sheriffs Court. The Chamberlains Court. TOGETHER With several Acts of Common Council, very useful and necessary to be known by all Merchants, Citizens, and Freemen of the said City. And also, A Method for the Ministers within the said City to Recover their TITHES. With a TABLE to the whole Book. LONDON, Printed by S. Roycroft for Henry Twyford in the Hall-Court of the Middle Temple. 1680. THE PREFACE. THE City of London being the Metropolis of this Kingdom, hath had many large Privileges and Immunities granted to it by the Favour and Munificence of the Ancient Kings of England, and continued to this Day, which hath occasioned the erecting and establishing several Courts therein, the better to dispense the benefit of the said Grants to the Citizens and Inhabitants of that City. And indeed, whosoever shall consider the said Privileges, and the nature and Jurisdiction of the said several Courts, may conclude there is nothing left for the Citizens to desire, for the happy and good Government of that City, for the Advancement of the Trade thereof, and for the securing every man's Property therein, which is not already granted to them, and which by the benefit of the said Courts, they may not enjoy: Some of which Privileges belong to all the Inhabitants; as the Recovery of their just Debts and Demands without travelling for the same out of the Liberties of the City, which may be done either in the Lord Major's Court or the Sheriff's Courts. The Enrolling of Deeds, Settling Estates, and Docking Entails by Recoveries of Houses and Lands in the said Liberties, which are to be done in the Court of Hustings. Other belong only to the Freemen of the said City; as the Preservation of the Estates of Orphans by the Court of Aldermen; the regulating all Matters of Difference between Masters and their Apprentices by the Chamberlain; the easy recovering of small Debts under forty shillings by the Court of Conscience; the choice of Officers and ordering of Parish Affairs by the Courts of Wardmotes, and the making of By-laws for rectifying any abuses, and for the well Government of the City by the Court of Common Council, and by the Lord Major and Court of Aldermen. And that nothing may be wanting which may any way conduce or tend to the welfare and convenience of this City, the Government of that famous, pleasant, and profitable River of Thames upon one side whereof it is situated, is granted to the said City, and managed by the Lord Major at his Courts of Conservacy for the said River. As the benefit of these several Courts are very great, so the knowledge of the practice and usage of them must needs be very desirable to the Citizens and Inhabitants, there being very few, but at some time or other, must necessarily be cencerned in some, if not most of them. There hath been several times printed a Tract, called The City Law, which treats of some of these Courts: But there being many Omissions and Defects therein, this Discourse hath not only supplied the same, but also rectified the mistakes therein; showing at large the Powers, Authorities, Customs, and Usages of all the Courts, as well to the Delight and Pleasure, as to the Profit and Benefit of the Reader. In this Treatise are inserted several Acts of Common Council, all of them so necessary, or at least expedient to be known, that this Discourse would hardly be complete without them. This whole Work being Composed and Digested for the Public good and benefit, it is hoped it may meet with a favourable and candid Reception, and that the Reader will pardon the Faults and Erratas of the Printer. THE LAW and PRACTICE Of the several COURTS Belonging to the Famous City OF LONDON. Of the Lord Majors Court. THE Lord Majors Court, commonly called the Major's Court in London, is a Court of Record, and is held in the Chamber of the Guildhall. The Recorder of the City of London for the time being, is Judge of this Court; but the Lord Major and Aldermen may s●t as Judges with him if they please: This Court being held by Custom, and all the Proceed are said to be before the Major and Aldermen. The Sheriffs of London may in like manner sit with the Judges of the Sheriff's Court: The Proceed in that Court being also said to be held before the Sheriffs respectively. In this Court all manner of Actions may be entered and tried by a Jury as in other Court, for any Debt, Trespass, or other matter whatsoever arising within the Liberties of London, and to any value whatsoever, and is not a Court of Equity only, as many Citizens suppose, and to this day believe. There is only four Attorneys belonging to this Court, who upon their admission by the Court of Aldermen, take the Oath following. The Oath of an Attorney of the Major's Court. YOU shall swear that you shall well and lawfully do your Office of Attorney, and well and lawfully examine your Clients and their quarrels, without Champerty and without procuring of any juries or any Inquests embracing. And that you shall change on quarrel out of its nature after your understanding. Also you shall plead ne ley, nor suffer to be pleaded or laid by your assent, no foreign Release, Acquittance, Payment, Arbitration, plain Account whatsoever it be to put the Court out of its jurisdiction, nor none other matter, but it be such as you shall find rightful and true by the information of your Clients, whose information and saying upon your Oath and Conscience you shall believe to be true. And you shall not inform ne enforce any man to sue falsely against any persons by false or forged Actions. Attendant ye shall be upon the Major of the said City for the time being, and ready ye shall be at all times to come at the warning of the said Major, but if ye be letted about the Business of the said City, or by some other reasonable cause. Ye shall not deliver any Book or any manner of Copy to any person of any thing that toucheth the Liberty of this City without licence and oversight of the Major, Recorder, and Town-Clerk of this City for the time being, or of two of them, or show to any person any Book concerning the Customs of the said City, nor suffer any Person to look upon any such Book of Customs at any time, saving only the Council of this City, but that ye shall keep the same Books secret among yourselves. The secrets of this Court ye shall keep, and not disclose any thing there spoken for the Common weal of the said City that might hurt any Person or Brother of the said Court, unless it be spoken to his said Brother, or to other which in his Conscience or Discretion he shall think it to be for the Common weal of this City. And that well and lawfully ye shall do all such things that to the Office of Attorney pertaineth to do, as God you help. The manner of entering Actions in this Court is different from the Sheriff's Court: For you cannot enter an Action in this Court at either of the Compters, but must go to one of the four Attorneys, and enter your Action with him; and if it be an Action of Debt it must be entered thus; R. B. Defend ' versus G. W. Quer' in pl'ito deb'ti super demand' leg'lis, etc. Pleg' etc. If in Case, In pl'ito transgr' super cam ' damn ' leg'lis, etc. Pleg' etc. If in Trespass, In pl'ito transgr' dam ' leg'lis, etc. Pleg' etc. If for Account, In pl'ito quod reddat ei computum super receptor' diversor' bon' & merchandiz' ipsius Quer' add valenc' leg'lis etc. Pleg' etc. If for Covenants broken, In pl'ito convention' fract' damn' leg'lis etc. Pleg' etc. If in Debt at the Chamberlains Suit, J. F. Defend ' versus T. P. Mil' Camerar' Civitatis London Quer' in pl'ito deb'ti super dem' leg'lis etc. Pleg' etc. If in Debt upon a Penal Statute, R. G. Defend ' versus W. B. Qui tam pro Domino Rege quam pro seipso in hac parte sequitur in pl'ito deb'ti super dem' leg'lis etc. Pleg' etc. When your Action is thus entered by the Attorney or his Clerk, you must not employ any of the Sheriff's Officers to Arrest the Defendant, but give your Action or a Note thereof to one of the Sergeants at Mace belonging to the Major and Aldermen. There is six Sergeants belonging to this Court, who are men of good Estates, and do not belong to either of the Sheriffs. Most of them attend daily at the Attorneys Offices, and one of them is constantly attending at the Lord Major's House. If you give any of them a Note of your Action, he will Arrest the Defendant, and in case such Defendant cannot find Bail, the Officer will carry him to one of the Compters, that being the Prison as well for this Court as the Sheriff's Court, which Imprisonment and the Cause thereof is constantly Recorded in a Public Book, called the Book of Impri by the Attorney that entered the Action: But if the Party arrested find Bail, the eldest of the four Attorneys must take the same, he being Clerk of the Bayls; and in Case he shall take in sufficient Bail, and the Defendant do abscond, the Plaintiff may, after he hath a Judgement for his Debt or Damages, compel the Clerk of the Bails to pay the same Debt or Damages, by Petition to the Court of Aldermen, or to Mr. Recorder. An Action entered in this Court will remain in force for ever, although no proceed be had thereupon; whereas an Action entered at either of the Compters dies, and may be crossed after sixteen weeks. And the Charge of entering an Action in this Court is but 4 d. besides the King's Duty. An Action commenced in this Court may be brought to a Trial for 30 s. Charge, and in fourteen days time, whereas in the Sheriff's Court they require more time, and much more money, as those that have had occasion know by experience. If there happen to be six week's time between the putting in Bail to an Action in this Court, and the time of the Defendants Plea, in such Case the Defendant cannot remove the same Action or Suit into any other Court. Note. That an Action commenced in this Court, cannot be removed into the Sheriff's Court; but an Action commenced in the Sheriff's Court may be removed into this Court, either by the Plaintiff or Defendant, at any time before a Jury is sworn to try the Cause. The manner of removing such Action is set forth hereafter. If any man that is not a Freeman of London keep any Shop, inward or outward, within the City or Liberty, for the Sale of any Goods or Wares by Retail, he forfeits 5 l. for every day, and an Action of Debt lies against him for the same in this Court, in the Name of the Chamberlain of London for the time being, pursuant to an Act of Common Council made in the-Majoralty of Sir Leonard Halliday Knight, which Act is as followeth: WHere by the ancient Charters, Customs, Franchises, and Liberties of the City of London, confirmed by sundry Acts of Parliament, no person not being free of the City of London, may or aught to sell, or put to sale any Wares or Merchandizes within the said City, or the Liberties of the same, by Retail, or keep any open or inward Shop, or other inward place or room for show, sale, or putting to sale, of any wares or merchandizing, or for use of any Art, Trade, or Occupation, Mystery, or Handicraft within the same. And whereas also Edward, sometime King of England, of famous memory, the third of that name, by his Charter made and granted to the said City in the Fifteenth year of his Reign, confirmed also by Parliament amongst other things granted, That if any customs in the said City, before that time obtained and used, were in any part hard or defective, or any thing in the same City newly arising, where remedy before that time was not ordained, should need amendment, the Major and Aldermen of the said City, and their Successors, with the assent of the Commonalty of the same City, might put and ordain thereunto fit remedy as often as that should seem expedient unto them; So that such Ordinance should be profitable to the King, for the profit of the Citizens, and other his People repairing to the said City, and agreeable to reason; And whereas by force of the said Customs, Franchises and Liberties, and of the Charter last aforementioned, confirmed as is afore specified by Parliament, The Lord Major, Aldermen, and Commons of the said City, did the twelfth day of October, in the third year of the Reign of Edward, sometime King of England, the fourth, as a thing thought fit and convenient for that time, amongst other things, agree and ordain that the Basket-makers, Goldwire-drawers, and other Foreigners, contrary to the Liberty of the said City, holding open Shops in divers places of the City, and using Mysteries within the said City, should not from thenceforth hold Shops within the Liberty of the City aforesaid; But if they would hold any Shop, or dwell in the same City, they should dwell at Blanchappleton, and there hold Shops, so as they might have sufficient dwelling there. And whereas the Lord Major, Aldermen, and Commons of the same City, did afterwards, the Sixteenth day of May, in the Seventeenth year of the Reign of our late Sovereign Lord of famous memory, King Henry the Eighth (as a course thought fit and agreeable for that time) Ordain, establish, and enact that no manner of person or persons being estrange from the liberties of the said City, from thenceforth should hold or keep any open Shop or Shops within the said City, or Liberties of the same, neither with any Lattice before, nor yet without Lattice (certain numbers of poor men occupying the Seat of Butchers, Tailors, and Cobblers only except) upon pain of Imprisonment, and also to forfeit and pay Forty shillings to the use of the Commonalty of this City, as often times as he or they should do the contrary. And where also the Lord Major, Aldermen, and Commons of the same City did afterwards, the Twentieth day of January, in the said Seventeenth year of King Henry the Eighth (reciting, that whereas a Common Council holden the Sixteenth day of May, in the Seventeenth year of the Reign of King Henry the Eeighth, It was ordained and enacted, That no manner of person or persons, being estrange from the Liberties of this City, from thenceforth should hold or keep any Shop or Shops within this City, or the Liberties of the same, neither with any Lattices before, nor yet without any Lattice, upon pain of Imprisonment) further ordain and establish, That if any person or persons, being Foreign, should hold and keep any open Shop or Shops, as is aforesaid, he should forfeit for every time so doing Forty shillings, to be levied by distress, to the use of the Commonalty of the said City, by the Chamberlain for the time being, or other Officer of this City; And also have Imprisonment by direction of the Major and Aldermen for the time being. Now forasmuch as divers and sundry Strangers and Foreigners from the Liberties of the said City, nothing regarding the said ancient Charters, Franchises, Customs, or Liberties of the said City, and Acts and Ordinances heretofore made according to the same, but wholly intending their private profit, have of late years devised and practised by sinister and subtle means, how to defraud and defeat the said Charters, Liberties, Customs, good Grders and Ordinances, and to that end do now inwardly in privy and secret places, usually and ordinarily show, sell, and put to sale their Wares and Merchandizes, and use Arts, Trade, Occupation, Mysteries and Handicrafts within the said City and Liberties of the same, to the great detriment and hurt of the Freemen of the said City, who pay lot and scot, bear Offices, and undergo other Charges, which Strangers and others not Free are not chargeable withal, nor will perform; For reformation of which disorders, and avoiding of such prejudice and damages as thereby groweth to the Freemen of the said City, and is now more of late used than was in any time heretofore suffered, and to provide for the common profit and good of the Freemen and Citizens of this City; It is therefore by the Lord Major and Aldermen and Commons in this Common Council assembled, ordained and established that no person whatsoever, not being Free of this City of London, shall at any time after the Feast of St. Michael now next ensuing, by any colour, way, or means whatsoever, either directly or indirectly, by himself or by any other, show, sell, or put to sale any Wares or Merchandizes whatsoever, by Retail within the City of London, or the Liberties or Suburbs of the same, upon pain to forfeit to the Chamberlain of the City of London for the time being, to the use of the Major and Commonalty of the said City, the sum of five pounds of lawful money of England, for every time wherein such person shall show, sell, or put to sale any Wares or Merchandizes by Retail within the said City, Liberties, or Suburbs thereof, contrary to the true intent and meaning thereof. And it is further ordained and established, That no person whatsoever, not being free of the City of London, shall at any time after the said Feast of St. Michael now next ensuing by any colour, way, or means whatsoever, directly or indirectly, by himself or by any other, keep any Shop, or other place whatsoever, inward or outward, for show, sale, or putting to sale of any Wares or Merchandizes whatsoever, by way of Retail, or use any Art, Trade, Occupation, Mystery, or Handicraft whatsoever, within the said City, or the Liberties or Suburbs of the same, upon pain to forfeit the sum of Five pounds of lawful money of England, for every time wherein such persons shall keep any Shop, or other place whatsoever, inward or outward, for show, sale, or putting to sale of any Wares or Merchandizes whatsoever by way of Retail, or use any Art, Trade, Occupation, Mystery, or Handicraft whatsoever, within the said City or Liberty, or Suburbs of the same, contrary to the true intent and meaning hereof. All which pains, penalties, forfeitures, and sums of money to be forfeited by virtue of this Act or Ordinance, shall be recorded by Action of Debt, Bill, Plaint, to be prosecuted in the name of the Chamberlain of the City of London for the time being, in the King's Majesty's Court to be holden in the Chamber of the Guild-hall of the City of London, before the Lord Major and Aldermen of the said City, wherein no essoin or wager of Law shall be admitted or allowed for the Defendants. And that the Chamberlain of the City for the time being, shall in all Suits to be prosecuted by virtue of this Act or Ordinance against any Offender, recover the ordinary Costs of Suit to be expended in and about the prosecution thereof; And further, that one equal third part of all Forfeitures to be recovered by virtue hereof, (The costs of the Suits for recovery of the same, being deducted and avowed) shall be after the recovery and receipt thereof, paid and delivered to the Treasurer of Christ's Hospital, to be employed towards the relief of the poor Children, to be brought up and maintained in the said Hospital, and one other equal third part to him or them which shall first give Information of the Offences for which such Forfeitures shall grow, and prosecute Suit in the name of the Chamberlain of the said City for recovery of the same, any thing in this Act to the contrary notwithstanding. Provided always that this Act or Ordinance, or any thing herein contained shall not extend to any person or persons for bringing or causing to be brought, any Victual to be sold within this City, or the Liberties thereof, but that they and every of them, may sell Victual within the said City, and the Liberties thereof, as they might lawfully have done at the making hereof, any thing herein contained to the contrary in any wise notwithstanding. If a Freeman of London shall employ a Foreigner to work within the City or Liberties, he forfeits 5 l. a day; and an Action lies against him for the same. In like manner, pursuant to an Act of Common Council made in the Majoralty of Sir William Garrard Knight, which Act is as followeth: Commune Concilium tent' primo die Augusti Annis Philippi Mariae tertio & quarto Coram Willielmo Garrard Mil' Major, etc. WHere by the ancient laudable Laws, Liberties, and Franchises of this Noble City of London, no person or persons should be willingly suffered to exercise, use, or occupy any Manual Occupation or Handicraft within the said City or Liberties thereof, unless he or they were free of the same City, or Apprentice or Apprentices with some that be free of the same City, the which said ancient Laws, Franchises, and Liberties, notwithstanding divers Artificers and Handy-crafts-men being Freemen of this City, not regarding or esteeming the said Laws, Liberties, Customs, and Franchises, nor the Oath that they have taken to the said City at such time as they were made Free, so the maintenance and advancement of the same City, have now of late not only willingly suffered, hired, and set on work within the said City and Liberties thereof divers Foreigners, from the Liberties of the same City, in divers and sundry Handycraft and Manual Occupations, but also have refused to take and set a work in the said Manual Occupations or Handycrafts the honest poor Citizens and Freemen of the same City, to the great hindrance, loss, and prejudice of the said poor Citizens, and to the utter undoing of a great number of the said poor Handycraftsmen, being Citizens and Freemen of the said City, and also of their poor Wives and Children for ever, unless some speedy remedy be herein provided. For reformation whereof, be it enacted, ordained, and established by the Lord Major, Aldermen, and Commons in this present Common Council assembled, and by the Authority of the same, That no person or persons, now being Free of this City of London, or that hereafter shall be Free of the same, shall after the Feast of St. Michael the Archangel now next coming, by any colour, ways, or means set at work in any Manual Occupation or Handycraft within the said City, the Liberties or Suburbs thereof, any manner of Foreigner from the Liberties of the said City, upon pain of forfeiture of Five pounds of currant Money of England for every time that every such person or persons shall offend or commit or do any thing contrary to the purport, true intent and meaning of this present Act. All and singular which Penalties and Forfeitures above, and by this present Act limited and appointed, shall be divided into three equal parts, whereof the one to the use of the Major and Commonalty and Citizens of the said City for the time being, and one other part thereof to be to those of the first presenters of the same Offence, and the third part thereof to be to those of the Company or Fellowship, that every such Offenders shall be free of; and that all and every such Penalty and Penalties and Forfeitures shall be recovered, as well upon the proper confession of the same Offence made by the same Offender or Offenders themselves before the Lord Major and Court of Aldermen for the time being, as also upon good and sufficient proof thereof to be made by the Witnesses before the said Lord Major and Court of Aldermen for the time being, or by Bill or Plaint of Debt to be commenced by any such Informer or Presenter in any of the King & Queen's Majesty's Courts of Record within the said City, in the name of the Chamberlain of the said City for the time being, wherein no essoin or wager of Law shall be admitted or allowed for the party Defendant. And be it also enacted by the Authority aforesaid, That it be lawful for the said Lord Major and Aldermen of the said City for the time being, upon every confession or proof of any such Offence aforesaid before them made, or sufficiently proved, to commit every such Offender or Offenders to Ward, there to remain without Bail or Mainprize, until he or they have fully satisfied or paid the said Forfeiture or Forfeitures and Penalties, to the uses aforesaid. Provided always, that this Act of Common Council, or any thing therein contained, shall not in any wise extend to be prejudicial or hurtful to the Masters or Governors of Christ's Hospital and Bridewell, or to any other of the Hospitals belonging to the said City for the time being, or to any of them, for the setting at work either Strangers or Foreigners within the said Houses, or any of them, neither to the said Strangers or Foreigners that shall so happen to work therein, nor to any of them, neither to any Freeman or Woman of the same City, for having or setting a work any Apprentice or Apprentices at any time hereafter, in any Manual Occupation or Handycraft, within the said City, nor to any such Apprentice or Apprentices that shall so serve, that his or their Indenture of Apprenticehood be Enrolled in the Chamberlins' Office of the said City, according to the ancient Customs of the same City in that behalf used and observed. Provided also, that this present Act, or any thing therein contained, shall not extend, or be prejudicial or hurtful to any person or persons now being, or that hereafter shall be Free of the said City, for setting awork at any time or times, any person or persons being Feltmakers, Capthickers, Carders, Spinners, Knitters, or Brewers, or to any person that now keepeth, or hereafter shall keep any Brewhouse within the said City, or the Liberties thereof, for working or using any of the said Crafts or Occupations within the same City, or within the Liberties or Suburbs thereof, this present Act, or any thing therein contained to the contrary in any wise notwithstanding. ATTACHMENTS. AN Attachment made in this Court will continue in force for ever; so that the Plaintiff may proceed thereon at his pleasure: Whereas an Attachment made by any of the Sheriff's Officers is not in force longer than sixteen weeks All Attachments are grounded upon Actions of Debt, and the manner of entering Attachments is the same as is for Actions: And one of the six Officers belonging to this Court must be employed to make the same. The Advantages of making Attachments in this Court are considerable. FIrst, An Attachment for moneys may be made and condemned in this Court in 5 days time, if by consent, or if no opposition shall be made; and if it be in the Plaintiffs own hands, may be finished for 10 s. charge, the Officers Fees included: And if in a third persons hands, may be condemned for 15 s. charge, the Officers Fees included: Whereas in the Sheriff's Court an Attachment cannot be made and condemned under three week's time, or thereabouts, although by consent; and the charge is usually above a third part more than is demanded or taken in this Court for condemning an Attcahment. Secondly, If B. Attaches the Moneys or Goods of W. in the hands of F. in this Court, and if F. have no Moneys nor Goods in his hands belonging to W. at the time when the Attachment shall be made; and it shall happen that six Months after F. shall become indebted to W. or have Goods in his hands belonging to W. the Plaintiff, by virtue of the Attachment made as aforesaid, shall recover the Money or Goods he shall prove came to t●e hands of F. after the Attachment made. The General Issue upon all Attachments being, whether F. who is called the Garnishoe, at the time of the Attachment made, or at any time after, had any Moneys or Goods of W. in his hands. Thirdly, An Attachment made in this Court must be there tried, and cannot be removed nor tried in any other Court; whereas an Attachment made in the Sheriff's Court may at any time, before trial, be removed into this Court by a Warrant signed by the Lord Major or Recorder; which Warrant is called a Levetur Querela, the charge whereof is 5 s. 10 d. and is made in this Form: Levetur Querel' inter W. B. Quer' & G. R. Defend' & Attach ' superindo fact' in manibus P. W. praemon' in pl'ito etc. If it be an Action only to be removed, the Warrant must be made thus; Levetur Querel' inter C. F. Quer' & J. W. Defend ' in pl'ito etc. The Levetur Querela must be written by an Attorney of this Court, for which he receiveth 4 d. and for his Fee 1 s. 8 d. and then must be delivered to one of the six Officers before mentioned to procure my Lord Major or the Recorder to sign the same, for which 4 d. is due to his Lordship, and is constantly paid. And after the Warrant is signed, the Officer must carry it to the Clerk of the Papers belonging to the Compter, where the Action was entered, and give him 2 s. 6 d. to allow the same Levetur, and to certify the Action or Attachment, and the Officer for his pains hath 1 s. and so the 5 s. 10 d is distributed. Fourthly, An Attachment may be tried in this Court for 30 s. although the Concern be 500 l. But by reason of new Devices of Continuances in the Sheriff's Court, the charge of a Trial there comes to much more. The Court of Common Council in London took notice thereof, and in the Year 1669. in the Majoralty of Sir Richard Ford, made an Act, Entitled, An Act for the better regulating of the Courts of Law in the Guild-hall, London. Which Act, amongst other matters therein contained, is as followeth: BE it enacted, ordained, and established by the Right Honourable the Lord Major, the Right Worshipful the Aldermen his Brethren, and the Commons in this Common-council assembled, and by the Authority of the same, That no person or persons be at any time hereafter admitted into any the Places or Offices of Secondaries of the Compters, Clerks or Attorneys in the Major's Court, Clerk of the Papers, Clerk Sitters, Attorneys in the Sheriff's Courts of this City, Sergeants or Yeomen of the Compters, but that he or they do first take his or their Freedom of this City, according to former Acts and Orders of Common-council. And forasmuch as it is observed that the Clerks and Attorneys of the Majors and Sheriffs Courts of this City do breed and bring up under them a multitude of young Clerks, taking with them considerable Sums of Money, but for shorter terms than hath been accustomed within this City, And the Attorneys, Clerks, and Officers of and belonging to the Sheriffs of London, and the Sheriff's Courts, do often tender themselves to the Defendants Arrested in the Sheriff's Courts, to become their Bail, whereby in case of the Defendants absenting himself, all possible means are used to delay and disappoint the Plaintiffs in their just Suits, to their great wrong and abuse of justice; Be it therefore ordained, enacted, and established by the said Lord Major, Aldermen, and Commons in this Common-council assembled, an● by the Authority of the same, That n● person or persons whatsoever be henceforth at any time admitted, or capable to be admitted, a Clerk or Attorney in one of the Courts of this City, before he or they shall, bona fide, have served some Master-Clerk or Attorney in one of the Courts of this City, as a Clerk, the full term of seven years; And that every or any Grant or Admission that shall happen at any time hereafter to be made, contrary to this Act, shall be null and void, as if it never had been made, and that no Attorney, Clerk, or Officer, of or belonging to the Major's Court, or Sheriffs, or their Clerks or Servants, nor any of them, do, or shall at any time from and after the Twenty third day of October instant, presume to become Bail for any person or persons whatsoever, in any Action, Attachment, or other Suit or Cause whatsoever that shall be entered, commenced, or depending in the Major's Court, or Sheriffs Courts, and that neither the Clerk of the Bails in the Major's Court, nor Clerk of the Papers, nor Clerk-sitters of the said Sheriffs Courts, nor any of them, nor their, nor any of their Clerks or Servants, nor any other whose Duty it is to take the Bails, do presume from and after the said Twenty third day of October, to take, accept, and enter upon Record any of the said Attorneys, Clerks, or Officers, or any of their Clerks or Servants, for the Bail of any person or persons whatsoever. And to the end that the said City Courts, as well the Majors as the Sheriff's Courts, may be supplied from time to time, with able and sufficient jurymen, be it further ordained and enacted by the said Lord Major, Aldermen, and Commons in Common-council assembled, and by the Authority of the same, That no person or persons whatsoever be at any time hereafter returned by any Inquests of the Wards of this City, to serve as juryman or jurymen, either Grand or Petty, in the Courts of this City, but such men as either have been, or for time to come shall be Subsidy men, and so taxed in the King's Books; or in Default thereof, such other discreet and sufficient persons as shall be equal in Quality and Estate with them, and that the Issues, upon default of jurymen Appearances, be constantly levied, and duly and truly answered. And whereas the said Court, called the Lord Major's Court, is an ancient Court of Record, wherein Causes both of Law and Equity, and also Attachments, are determinable, and the same Court is Superior to the Sheriff's Court, and whereas also the Lord Major for the time being, of ancient Custom and constant Practice, hath and have, whereof the memory of man is not to the contrary, ever had Power and Authority, by his Warrant called Levetur Querela, to remove Causes from and out of the Sheriff's Court into the Lord Major's Court, without any restriction or limitation of time, so as the same Levetur he brought before the jury, or any of them (summoned for trial of such Cause or Causes) shall be sworn; and whereas of very late time such Levetur hath been often disallowed, contrary to the said ancient usage, and in contempt of the said Major's Court, upon several new pretences never heard of till of late time, whereby Clients are necessitated (where they have cause to appeal to Equity) to remove their Suits out of London, whereas they might otherwise be relieved in the Lord Major's Court with far less Charge and greater Expedition. For remedies whereof it is ordained, enacted, and established by the Lord Major, Aldermen, and Commons in this Common-council assembled, and by the Authority of the same, That at all times hereafter the said Warrant of Levetur Querela, under the Hand of the Lord Major, or Recorder of the City of London for the time being, for removing of any Plaint, Attachment, or other cause or causes levied or depending in either of the Sheriff's Courts of this City into the Major's Court (being brought by a Sergeant at Mace and Minister of the Major's Court, to the said Sheriff's Court, either at the Guild-hall or Compter, at any time before the jury or any of them shall be sworn for Trial of such Cause or Causes) shall be presently obeyed and allowed of. And that neither the judge, nor any Clerk or Officer of either of the said Sheriffs Courts, do at any time hereafter presume to reject or disallow of any such Levetur Querela so brought or tendered unto him or them, upon any pretence whatsoever, other than in case of a further Order or Warrant under the hand of the Lord Major, or Recorder for the time being, in that behalf first had and obtained, as anciently hath been used and accustomed; And to prevent the daily inconveniences happening in Suit now depending, or hereafter to be depending in the Courts of the said Sheriffs, by reason of the great delays they meet with there, by putting off of Causes, under pretence of continuances entered by the Attorneys on both sides, for the most part at the very time they should be Tried, without the consent of the Parties Clients, contrary to the ancient practice and usage of the said Courts, whereby the Clients is delayed, Witnesses and jurymen discouraged by frequent and fruitless attendances, to the intolerable expense of the Suitors: For the preventing hereof for the future, Be it enacted by the said Lord Major, Aldermen, and Commons in Common-council assembled, and by Authority of the same, That no Cause or Causes, in either of the Sheriff's Court, be at any time hereafter, from and after Issue joined, put off from Trial by pretence of any such Continuances entered, or hereafter to be entered, by consent of the Attorneys on either part, but upon motion thereof first made in open Court, and for some just and reasonable Cause to be showed and allowed upon Oath before the judge of the same Court, and upon payment of such Costs to the Party thereby delayed, as the Court shall see cause to tax and allow; And that no Clerk do henceforth presume to enter any Continuance in any Cause summoned for Trial, without the special order and direction of the judge of the Court in that behalf first had as aforesaid; And that no Fee be henceforth demanded, taken, or allowed by, or to any of the Attorneys of the Sheriffs Courts aforesaid, for, or in respect of the putting off of any Trial under the pretence of such Continuance entered, or hereafter to be entered as aforesaid, upon pain that every Attorney so demanding, taking, or receiving, shall for every such Offence, for the first time, forfeit the Sum of Five pounds, and for the second to be finally discharged of and from his place of Attorney in the said Sheriffs Courts. And to prevent the great mischiefs now daily growing and increasing in the said Sheriffs Courts, by excessive Costs taxed upon judgements there given by the consent for the most part of the Attorneys of both sides, contrary to the usuage of all former Ages; Be it enacted by the said Lord Major, Aldermen, and Commons in this Common Council assembled, and by the Authority of the same, That no Bill of Costs, exceeding the sum of Four and twenty shillings, for the Trial of a Grand jury Cause, or exceeding the sum of Twenty two shillings for the Trial of a Petty jury Cause, shall at any time hereafter charge the Client of either side; Nevertheless it shall and may be lawful for the judges of the said Courts respectively, for good and reasonable cause showed to them respectively, by the parties of either side upon due examination of the circumstances of the Case (in the presence of both parties) to increase the said costs of Suit by their discretions, by a special Rule of Court to be entered for that purpose, expressing the cause why such costs are so increased. And upon complaint made by any person of greater charges then as aforesaid, and producing the Bill under the Attorneys hand, or other Witness, that the respective judges of the same Court punish the Offender, and relieve the party grieved, according to their good discretions and the Rules aforesaid. And that no Officer of either of the said Courts shall presume to make out Execution upon any judgement wherein the costs of Suit shall exceed the sums aforesaid respectively, without such special Rule as aforesaid to warrant the same, on pain to forfeit for his first Offence Five pounds to the relief of the Prisoners of that Compter wherein the Action shall be entered; and for the second default to be expelled the Court for ever. And to prevent the daily abuse of the Sergeants and Yeomen of the Sheriffs, sometimes in permitting persons Arrested by them to go at large without Bail, sometimes in keeping them in Alehouses, or some other private places, and not returning the Process in due time, (by which the parties were Arrested) so that the Plaintiff is delayed, and the Prisoner by the extorsion of the said Sergeants and Yeomen oftentimes put to a greater expense than will discharge the original cause of Action, and sometimes by discharging persons by them duly Arrested, without causing the Actions wherein they were so Arrested to be withdrawn, although they take Money from the Defendant sufficient to do the same with; and sometimes in not duly returning Executions by them executed, or by discharging persons taken in Execution before satisfaction be entered upon Record, whereby the said persons are oftentimes doubly charged for the same Debt; Be it therefore enacted by the Authority aforesaid, That the Sergeants and Yeomen of the said Sheriffs, and every of them, shall from time to time, and at all times hereafter, make due return into the said Sheriffs Courts of all the Precepts of the said Courts to them to be directed at the next Court after the Execution of the same Precepts, and that all persons by them to be Arrested by virtue of the said Precepts, or any of them, shall be either delivered upon good and sufficient Bail, or in default thereof by him or them, committed to some of the persons within the said City, at or before the next Court to be holden after such Arrest so to be made, to the end the party Plaintiff may proceed in his Action according to Law, and that none of the said Officers presume to discharge any person or persons by him Arrested after agreements made between the parties, till such time as the said Officer shall have caused either the Action to be withdrawn or satisfaction to be acknowledged on Record, as the case shall require: And if any of the said Officers shall hereafter offend in any of the Cases aforesaid, and shall be thereof convicted by Examination of the judge in open Court upon complaint of the parties grieved, or in default thereof by any other who shall inform the same, that then, and in every such case, the Officer or Officers so offending shall for the first offence be by the said judge forthwith committed to the Compter, there to remain till he shall have paid down the sum of Five pounds, the one Moiety to the party grieved, or in default of Information to be given by him or them as aforesaid, then to such other person or persons who shall inform the same to the said Court, over and besides such remedy as the said party grieved may have, by his or their Actions at Law, against the said Officers, or any of them, for any of the Defaults aforesaid; and the other Moiety to the relief of the poor Prisoners in such of the said Compters wherein the said cause is or shall be entered; And if any of the said Officers, after he or they shall have been once convicted of any of the Offences aforesaid, shall presume to offend in any of the said Cases the second time, and be thereof convicted as aforesaid, That then and in every such Case the said Offender, over and above all other penalties herein above limited and appointed, shall be ipso facto absolutely discharged from his said Office and the Sheriffs of the City for the time being, are hereby empowered and required to nominate and present to the Court of Aldermen, some other fitting persons to be by them admitted in his or their places, as if the persons so offending and convicted as aforesaid, were naturally dead. Provided always, that no Informer shall be entitled to the moiety of the said Five pounds, unless the said Offender shall be convicted by the evidence of one or more persons indifferent and unconcerned to the profit or prejudice coming by the default of the said Officer. Ever since the making of this Act, my Lord Major's Warrant for removing Causes out of the Sheriff's Court into this Court hath been obeyed; but as for the other matters, they are not observed by the Attorneys in the Sheriff's Court, which is the reason of the great Charge Plaintiffs and Defendants are compelled to pay to try Causes in that Court. In all Attachments the person whose Moneys or Goods is attached is called the Defendant in the Attachment; and the person in whose hands the Attachment is made, is called the Garnishee. And if the Plaintiff in the Attachment shall obtain a Verdict and Judgement for the Moneys or Goods attached in the Garnishees hands; yet the Defendant in the Attachment may at any time before satisfaction acknowledged upon Record, put in Bail to the Plaintiffs Action, upon which the Attachment is grounded, and thereby discharge the Judgement and all the Proceed against the Garnishee; and although the Garnishee be taken in Execution upon any such Judgement; yet if Bail shall be put in by the Defendant in manner as aforesaid, before the Money shall be paid, the Garnishee will be immediately discharged. If an Attachment shall be made for Goods only, and the Garnishee plead he had no Goods in his hands at the time of the Attachment, or at any time after, and the Plaintiff prove the Goods attached, or any part of them, in his hands, the Jury in such case must find for the Plaintiff, and say what Goods they find in the Garnishees hand, whereupon Judgement must be entered as followeth: Ideo considerat' est quod fiat appretiatio. And thereupon a Precept must be made, and directed to one of the Officers of this Court, to appraise the same Goods; and if the Garnishee shall not produce them, the Officer must return an Elongavit, which is that the Garnishee hath conveyed the Goods out of the Liberties of this City. The next Court-day for Trials after such return made, a Jury must be sworn to inquire of the value of the Goods found by the former Jury to be in the Garnishees hands, and Judgement must be entered for the value, according to the Verdict of such Jury. Note. That upon Attachments no Costs are allowed to either party, let the Verdict be for or against the Plaintiff. The day for Trials in this Court is every Tuesday, but every day is a Court for entering Proceed, as Appearances, Rules, Pleas, and Judgements, except holidays, the week before Easter, the first three weeks in August, and from the Sixteenth of December till the Monday after Twelfthday. After Judgement obtained by the Plaintiff against the Garnishee upon any Attachment, the Plaintiff must, before Execution is awarded, find Sureties who must undertake for the Plaintiff, that if the Defendant in the Attachment shall within a year and a day then following come into Court, and disprove or avoid the Debt demanded against him by the Plaintiff, that then the Plaintiff shall restore to the Defendant the moneys by the Plaintiff attached and condemned in the Garnishees hands, or so much thereof as shall be disproved, or else that they will do it for him; and then Execution will be granted against the Garnishee for the Moneys mentioned in the Judgement. If A. attaches Money in the hands of B. as the Moneys of C. and in truth B. hath no Money in his hands belonging to C. but expects to receive the Moneys of B. some short time after; in such Case B. after four Defaults passed (which is usually in four days) may discharge the Attachment by coming into Court personally, and giving a Rule to declare upon his Attachment; and if A. do not declare in three days following, than Judgement will be entered against A. to dischage the Attachment. But if A. do declare, than B. may presently plead he had no Moneys in his hands at the time of the Attachment, or at any time since, and put the Plaintiff to prove any Moneys in his hands, or else B. may discharge the Attachment by waging his Law. Note. That the Plaintiff shall not give evidence of any Moneys that came to the Garnishees hands after the time of the Plea. The manner of waging Law to an Attachment is thus: THe Garnishee must come into Court, and there take the following Oath, viz. You shall swear that at the time of the Attachment made, which was the day of last passed, between the hours of Nine and Ten in the Forenoon of the same day, or at any time since, you had not owed, nor did detain, nor yet have owed, or do detain from C. in in the Bill original and Attachment aforesaid the Defendant named, any part thereof the said Sum of so as aforesaid, nor any penny thereof, in manner and form as the Plaintiff by his Bill, Original, and Attachment aforesaid hath supposed. So God you help. But if the Plaintiff hath two Witnesses that will swear the Garnishee had Moneys in his hands when the Attachment was made, he must cause their Depositions to be taken by the Town-Clerk or his Deputy, and that will stop the Garnishee from waging his Law, and force him to plead to the Country, in case their Depositions be full. If A. be indebted to B. in 20 l. by Bill or Note, payable at Six Months or more, in such case you cannot enter an Action against A. till the Money is due: But if B. shall be indebted to C. in any some of Moneys, C. may so soon as the Bill or Note is given to B. by A. cause an Attachment to be made in the hands of A. as the Moneys of B. and if A. appear, he shall be forced to give Bail within two days after his Appearance to have his Body forth coming, or pay what Moneys shall be found in his hands: And until A. hath given Bail, he shall not be admitted to plead to the Attachment; and if he neglect to give Bail, Judgement will be entered against him for the Money attached. But in this case, after A. hath put in Bail, he must plead that it is true he hath so much Moneys in his hands, but that the same is not due nor payable to B. the Defendant till a certain time to come. C. the Plaintiff shall have Judgement presently against A. the Garnishee for the Money attached, but Execution shall not be awarded for the Money when it becomes due, according to the time mentioned in the Plea. If A. shall be indebted to B. in a Sum of Money for Goods bought, & a Verbal agreement only to pay for them at a time to come, and an Attachment shall be made in the hands of A. for the Money before the time agreed for payment thereof, shall be elapsed, in such case A. the Garnishee may plead the same Plea as above, and shall not be compelled to pay the Money till it became due by the Agreement, but the Plaintiff shall have Judgement presently. And if the Defendant in an Attachment after satisfaction acknowledged upon Record, shall bring an Action against the Garnishee for the Money so attached; the Garnishee may in such case plead the General Issue, and give the Attachment in evidence, but must at the same time prove the Debt to be a just Debt for which the Money was condemned, and the Courts above have always allowed it as good Evidence against the Plaintiff in the Action. If R. D. owes Money to L. C. and absconds and happens to leave Goods in a House or Warehouse locked up, and no person in the House or Warehouse; in such case L. C. may sequester the House or Warehouse, and the Goods and Chattels therein contained, & in 6 days time may condemn the Goods: the manner of making a Sequestration is as followeth: L. C. must enter an Action of Debt against R. D. with one of the four Attorneys of this Court, and then one of the Officers of this Court must go to the same House or Warehouse, and say these words: I Do sequester this Warehouse, and the Goods and Chattels therein contained, as the proper Warehouse, Goods, and Chattels of R. D. to answer L. C. in a Plea of Debt upon demand of 100 l. And then must put a Padlock upon the Door of the House, and set a Seal upon the Keyhole. After four Court days passed, which is usually in four days, the Officer will receive a Precept to open the Warehouse, and cause the Goods therein to be Inventryed and Appraised by any two Freemen; and the Appraisors must set their Names or Marks to the same Inventory, and come to the next Court, and there take the Oath following: The Oath to be taken by the Appraisors. YOU and either of you shall swear that the Appraisement you have made of the Goods and Chattels in this Schedule or Inventory specified, whereunto you have subscribed your Names, is a just and true Valuation and Appraisement of the same Goods and Chattels, according to the best of your judgements and Skills. So help you God. The same Court-day that the Appraisors are sworn, the Plaintiff may have Judgement and Execution for the Goods, bringing two sufficient Sureties, who will enter into a Recognizance to this effect; viz. That if the Defendant R. D. shall come into Court within a year and a day, and disprove or avoid the Debt demanded by L. C. that then L. C. shall restore the Goods, or the value thereof, to R.D. or else that they will do it for him. The manner for a Defendant in an Attachment to disprove or avoid any Debt demanded, is as followeth. The Defendant must either render his Body to Prison, or give Security to pay the Debt demanded, and then may bring a Scire facias, which is called a Scire facias ad disprobandum debitum; and the Plaintiff in the Attachment must be summoned to appear and plead thereunto; and after the Plaintiff hath pleaded, if the Debt demanded be not a Debt due by Bond, Bill, or Specialty under Hand and Seal, the Defendant may wage his Law, and thereby discharge himself of the Money demanded by the Plaintiff, which must be done in Court as followeth: I R. D. do swear that upon the day of (naming the day the Action was entered) I did not owe nor detain, nor as yet do owe or detain from L. C. the Plaintiff the sum of xxxl. nor any part or parcel thereof in manner and form as the Plaintiff by his Bill original hath supposed. So help me God. And if the Defendant be a Freeman of London, he must have six Compurgators, who will swear that they believe in their Consciences that what the Defendant swears is true: But if the Defendant be not a Freeman of London, than two Compurgators will be sufficient. If the Defendant shall not think fit to wage his Law, but will put the Plaintiff to prove his Debt, he must in such case plead that he owes nothing to the Plaintiff; an issuable Plea. And in case the Plaintiff fail to prove his Debt, a Verdict and Judgement will pass against him for restitution of the Money, or value of the Goods attached and condemned. And if the Plaintiff in the Attachment shall in such case be taken in Execution, and shall be unable or unwilling to restore the Money, his Security or Pledges that he gave when the Money was condemned, will be compelled to pay the Money; for the Sureties cannot discharge themselves by rendering the Plaintiff body to Prison. But if the Plaintiff prove his Debt, the Verdict will pass for the Plaintiff in the Attachment, and then Judgement will be entered for the Debt proved to be due; and if so much was not recovered upon the Attachment or Sequestration, the Bail for the Defendant are liable to answer, and pay the same with costs. Touching Apprentices. BY the custom of London, Apprentices that are or shall be bound by Indenture above the Age of Fourteen years to Freemen of London, for the full term of Seven years, are compellable to serve the full term, and an Action will lie against the Apprentice for breach of any of the Covenants. But if the Apprentice shall be under the Age of Fourteen years at the time of his binding, his Indenture is not good. By the ancient and laudable Custom of the City of London, every Master ought to Enrol his Apprentice within the first year of his term, before the Chamberlain of London for the time being, who attends every day at his Office in Guildhall for that purpose. And if the Apprentice be Enrolled within the first year of his term, the Fee is but 2 s. 6 d. But if he shall not be Enrolled within the first year, than such Apprentice may be discharged from his Master's Service in such manner as is hereafter set forth. In case any Apprentice shall refuse to be Enrolled within the first year of his term, the Master may within that time bring his Indenture to the Chamberlain or his Clerk, who will Record the same; which Record is as good as an enrolment, and shall bar the Apprentice from discharging himself. Many Citizens of London are of opinion not to Enrol any Apprentice, and the reason they usually give is, that if the Apprentice be Enrolled, they are bound to keep him, although he shall be a Thief or Gamester, but if he is not Enrolled they can turn him away at their pleasure; which is a great mistake: For if an Apprentice shall not be Enrolled, and the Master turn him away, the Apprentice may in such case bring his Action upon the Covenants in his Indenture, and recover Damages from time to time against the Master: And if the Apprentice be Enrolled and turned away, he must take the same course against his Master. If the Apprentice be a Thief, the Master may as lawfully turn him away when he is Enrolled, as when he is not Enrolled; for the enrolment is no obligation upon the Master to keep the Apprentice more than before he was not Enrolled. But by the enrolment the Master answers the Oath he took when he was made Free, and obliges the Apprentice not to go away at his pleasure. And every Master ought in Conscience to Enrol his Apprentice: For otherwise he disappoints the Father, who possibly paid the Master a considerable Sum with his Son Apprentice, and if the Apprentice knows he may leave his Master's service at his pleasure, it happens very often that he neglects his Master's service, and takes bad courses, whereby the Father loses both his Money and his Son, which might in all probability have been prevented if the Apprentice had been Enrolled. Secondly, Although an Apprentice be Enrolled, he may be discharged from his Master in case the Master shall beat him unreasonably without just cause, or in case the Master refuse to find him sufficient necessaries, or if the Master turn the Apprentice out of his service, or leave off his Trade, or shall neglect to instruct his Apprentice, or turn him away; whereas many Citizens do believe that if an Apprentice be Enrolled, he cannot be discharged from his Master for any cause whatsoever. The manner of suing out an Apprentices Indenture is thus; He must bring his Indenture, or a Copy, to an Attorney in this Court, who will give a Note or Warrant to to one of the Sergeants before mentioned, to signify to the Master the Apprentices intention of thing out his Indenture, and for what cause; And four Court days after will leaven Summons in writing at the Master's house, for him to appear in this Court, and show cause why his Apprentice should not be discharged. And if the Apprentice sue his Indenture out for not enrolment the Master may appear, and delay it a small time, but cannot present the Apprentices discharge: But if it be for any other cause, the Master may appear by an Attorney of this Court, and plead and try the truth of the matter complained of by the Apprentice, and the Master need not doubt a fair Trial; the Juries being all Masters, and the Court constantly show them all just and lawful favour. And if a Verdict pass for the Apprentice, or the Master, no Costs will be allowed to either party. Many Citizens have been unwilling to have any Cause tried in this Court, or the Sheriff's Court, by reason of insufficient Jurymen that are summoned to try Causes in both Courts. It is very true, there have been in some years' men of mean quality and capacity returned for Jurymen to serve in this Court; but the Citizens of London are the occasion thereof: For it is the Custom of London, that the respective Juries to try Causes in this Court and the Sheriffs, shall be returned by the several Wards in the City of London at their Wardmote Inquests every Christmas, which they constantly do, by an Indenture under their Hands and Seals: In which Indenture they also return the Names of the Common-councel-men, Constables, and Scavengers. There are particular Wards appointed to serve as Jurymen for every Month, which are divided as followeth: The Jurymen returned by the Wards of Aldgate Portsoken Cornhill Serve for the Month of January. The Ward of Cheap for February. The Wards of Bassishaw Cripplegate within Cripplegate without for March. The Wards of Vintry Breadstreet for April. The Wards of Tower Billingsgate for May. The Wards of Farrindon without for June. The Ward of Bridge for July. The Wards of Aldersgate Colemanstreet Broadstreet for August. The Wards of Farrindon within Castle-baynard for Sept. The Wards of Queenhith Dowgate Walbrooke for October. The Wards of Langborne Limestreet for November. The Wards of Candlewick Cordweyner Bishopsgate for December. So soon as the Names are returned by the several Wards, the Town-clerk writes them into a Book, and gives the Officers of this Court a Copy thereof, and also gives a Copy to the Officers of the Sheriff's Court, the same Jury serving for both Courts; and if they are not men of sufficient understanding it is the fault of the respective Wardmotes for not returning able persons. That the persons so returned, Note. and no other, must serve as Jurymen in this Court and the Sheriff's Court, except in some special Cases where the Court shall order a Jury of Merchants, and in such Case the Town-clerk returns their Names. That an Apprentice cannot sue out his Indenture against a Freeman but in this Court. Note. If an Apprentice shall be bound for eight, nine, or ten years, and enroled, he shall be compelled to serve the full term, and cannot be discharged from his Master after seven years' service, unless for a very reasonable Cause; and it often happens that one years' service, after seven years shall be expired, may be very considerable to the Master. A Freeman's Widow may take a Maid Apprentice for seven years, and Enrol her in like manner as a youth, in case she be above fourteen years of age; but if the Indenture shall be made for less than seven years, it is naught, and against the Custom of London, and will not oblige the Apprentice. If an Exchange-woman or Sempstriss, that hath a Husband free of London, take a Maid Apprentice, such Apprentice must be bound to the Husband, and not for less than seven years, and may be Enrolled, and made Free at the expiration of her term, in case she continue so long unmarried. If any Master refuse to make his Apprentice Free when the time mentioned in the Indentures is expired, such Apprentice may (if he have duly served) force his Master to make him Fre●, by summoning him before the Court of Aldermen, or before the Chamberlain of London for the time being. This Court is also a Court of Equity or Chancery, for any matters within London, and the Liberties thereof; and the Recorder for the time being, usually sits as Judge or Chancellor to determine such matters. The manner of exhibiting a Bill in this Court is thus: First, it must be drawn and signed by one of the four City Council, whose Fee for perusing and signing thereof, is 6 s. 8 d. then it must be engrossed and entered in Court, and one of the Officers belonging to this Court, must give the Defendant a Summons personally within the Liberties of London to answer such Bill, otherwise he is not obliged to appear. The charge of drawing the Bill is 4 d. for every Sheet, accounting twelve Lines to a Sheet, and 6 d. a Sheet for engrossing thereof, and for the entering it in Court 2 s. and for the Attorney's Fee 3 s. 4 d. If an Action shall be depending in this Court, and the party Defendant cannot be relieved but in Equity, in such case he may exhibit his Bill against the Plaintiff in the Action, and the entering the Bill in Court is a good Injunction to stay the Plaintiffs proceed at Law, without any motion, until the Plaintiff shall give in his Answer thereto. And note, that when the Bill is to be relieved against an Action at Law, the Plaintiff in the Bill shall not be compelled to give the Plaintiff at Law any Summons to make answer to the Bill; but if Affidavit shall be made that the Plaintiff at Law was 100 miles from London at the time of the exhibiting the Bill, then upon motion to the Court, the Plaintiff at Law shall and may proceed to Trial notwithstanding the Bill, but Judgement and Execution must stay till the Plaintiff at Law answer the Bill, or the Court shall make an Order to the contrary. If an Action at Law shall be commenced in the Sheriff's Court, the Defendant must cause the Action to be removed into this Court, before he can stay the Plaintiffs proceed at Law, by exhibiting a Bill as aforesaid; and if the Plaintiff at Law answer the Bill, the Plaintiff in Equity may in eight days after the Answer, put in exceptions to the Answer; but if the Answer shall be full, and the Plaintiff in Equity cannot prove the matters in his Bill suggested, the Plaintiff at Law shall recover all his Costs against the Plaintiff in Equity. Note. That where a Bill is exhibited, and no Action at Law depending, the Defendant hath 8 Court days given him to Answer the Bill after his Appearance, and if he does not answer the Bill in that time, the Plaintiff in Equity may have an Attachment against him, for which the Fee is 2 s. 6 d. and the Officers Fee for serving thereof is also 2 s. 6 d. which Fees the Defendant must pay when he gives in his Answer. After Answer the Plaintiff may reply generally or specially, and may examine Witnesses (in like manner as is done in the high Court of Chancery) to prove the Equity of his Bill; and within a Month after Replication, may bring his Cause to a hearing. The Town-clerk or his Deputy is appointed to examine all Witnesses on both sides, and his Fee for swearing and examining every Witness is 2 s. 4 d. and for the Copies of the Depositions 4 d. per Sheet; but for the Copies, è contra, his Fee is 8 d. per Sheet. The Town-clerk's Fee for every Order for publication or hearing of any Cause, is but 6 d. and for an Order at hearing but 1 s. but if the Decree be drawn up and inrollect, his Fee is 10 d. per Sheet, and for the Copy 4 d. per Sheet. After a Decree made, the Plaintiff must serve the Defendant with a Copy thereof personally, and make Affidavit thereof, before an Attachment will be granted against the Defendant. That the Plaintiff may serve the Defendant with a Copy of the Decree in any place whatsoever, Note. although out of the Liberties of London. A Bill may be removed out of this Court into the high Court of Chancery any time before publication is passed, after which time the high Court of Chancery will not retain the Cause. The manner of removing a Bill out of this Court is thus: First, the Defendant must file a Bill in the high Court of Chancery against the Plaintiff in this Court, and then must at the Registers Office give Bond to prove the suggestions in his Bill within fourteen days, and procure Certificate that his Bill is filled, and security given as aforesaid, and then Petition the Lord Chancellor for a Certiorary to remove the Bill out of this Court: And when the Petition is answered by his Lordship, the Clerk in Chancery will make the Certiorary, which must be delivered to the Town-clerk, and he will allow it, for which his Fee is 2 s. and then the Attorney for the Defendant in this Court will certify the Bill, Answer, and Proceeding into the high Court of Chancery, for which his Fee is 10 d. per Sheet. If exceptions shall be put in to an Answer in this Court (and a Cause at Law depending between the Parties) the Plaintiff in Equity must the next Court move for a day to argue those exceptions, otherwise they are overruled in course. If the Defendant in Equity demur or plead to the Plaintiffs Bill, he must the next Court after the Demurrer or Plea is entered, move for an Order to argue such Demurrer or Plea, otherwise the same will be overruled in course, and the Defendant will be compelled to give an Answer. When a Freeman's Apprentice is legally discharged from his Master, his proper way to recover part of the Money which his Master received with him Apprentice, is to exhibit a Bill in this Court against his Master; but if the Apprentice hath served five years, or near that time, this Court will not relieve him, in ordering any money to be returned, unless there be very extraordinary cause. A Freeman's Widow by a Bill in this Court, may recover her customary part of her Husband's Estate, against the Executor of her Husband; but if the Executor live out of the Liberties of London, she will be compelled to exhibit her Bill in the high Court of Chancery. If a Plaintiff in Equity shall be advised not to examine any Witness, he may go to a hearing upon the Bill, and answer within fourteen days after Answer; and in such case the whole Charge will not in probability exceed 3 l. If any person exhibit a Bill in this Court, whose Habitation shall be out of the Liberties of London, this Court upon a motion will order the Plaintiff to give security by Bond to pay the Defendants Costs, in case the Bill shall happen to be dismissed, or in default thereof will dismiss the Bill; and until such Security be given, the Court will not compel the Defendant to give any answer to the Bill. After answer given to a Bill in this Court, if the Plaintiff do not give in Exceptions in eight days, the Court upon motion will order the Bill to be dismissed, unless the Plaintiff do reply in a week's time: For which Order the Fee is 6 d. and in case the Bill happen to be dismissed, the Fee for drawing up the Dismission is 6 s. 8 d. which will be allowed to the Defendant in the Costs. The form or beginning of a Bill in this Court is thus; To the Right Honourable Sir R. C. Knight, Lord Major of the City of London, and to his Right Worshipful Brethren the Aldermen of the same City. IN all humility complaining, showeth unto your Lordship and Worships, your daily Orator, etc. The Conclusion thus: May it therefore please your Lordship & Worships, out of your accustomed goodness, to cause the said A. B. and E. D. to be warned by one of your Lordships and Worship's Sergeants at Mace, and Ministers of this Honourable Court, personally to be and appear in the same Court at a day certain, to be by your Lordship and Worships to them thereunto prefixed, then and there to make answer unto all and singular the Premises upon their Corporal Oaths: And that they may be enjoined to stand unto, perform, and abide such Order and Decree in the Premises, as to your Lordship and Worships, upon hearing the Cause, shall seem meet. The Practice of the Orphans Court. THis Court is held before the Major and Aldermen of the City of London, who are Guardians to the Children of all Freemen of London that are or shall be under the Age of 21 years at the time of their Father's decease. The common Sergeant of this City is the only person entrusted by the Court of Aldermen to take all Inventories and Accounts of Freemen's Estates: And the common Crier is entrusted to summon all Executors and Administrators of Freemen, to appear before the Court of Aldermen to give in Inventories and Accounts of the personal Estate of such Freemen. The youngest Attorney in the Lord Major's Court is always Clerk of the Orphans, and is appointed to take all Securities for Orphant's Portions; which Securities are constantly taken in the name of the Chamberlain of London for the time being: And the Custom is, that in case the Security live out of London, they are taken bound by Bond; but if they live within London, they are constantly bound by Recognizance. When a Freeman of London dies, leaving Children under age, the Clerks of the respective Parishes within the Bill of Mortality, aught to give the name of such Freeman to the common Crier of this City, who is thereupon to summon the Widow or Executor of such Freeman to appear before the Court of Aldermen, there to be bound to bring in an Inventory of the Testator's Estate. And note, that the Court of Aldermen always allow two months' time for the bringing and exhibiting such Inventories. If the party summoned do not appear, the Lord Major may, if he please, send his warrant and force an appearance: And if any Executor refuse to become bound to bring in an Inventory, the Court of Aldermen may by their power send such Executor to Newgate, there to remain till he submit; and the Courts at Westminster will not release such person. The Condition of a Bond for exhibiting an Inventory. THe Condition of this Obligation is such, That if the above bound A. B. do, and shall within two Months now next ensuing bring and exhibit into the Court of our Sovereign Lord the King, holden before the Major and Aldermen of the City of London for the time being, in the Chamber of the Guild-hall of the same City, a true and perfect Inventory in writing upon his Corporal Oath of all and singular the Goods, Chattels, Rights and Credits, Plate, jewels, ready Money and Debts, which were due and belonging unto the said R. R. deceased, at the time of his death; And also if the said A. B. do not in the mean time purloyn or convey the fame, or any part thereof, out of the Freedom or Liberties of the same City, without the licence and consent of the same Court first had and obtained in writing; Then etc. or else etc. After such Bond given, the Executor must procure four Freemen to appraise the Testators Goods, and must cause them to appear before a Justice of the Peace in London, and take the Oath following before they appraise the Goods. The Oath. YOu and every of you shall swear, that the Appraisment you shall make of the Goods and Chattels of A. B. late Citizen and Mercer of London, deceased, shall be a just and true Valuation and Appraisement of the same Goods and Chattels, according to the best of your judgements and Skills. So help you God. For which Oath the Fee is only 1 s. 4 d. The common Crier must have notice when the Appraisement is to be made; for he is appointed by the Court of Aldermen to be present when all such Appraisments are taken, that he may see the same be fairly done to the best advantage of the Orphans: And unless the common Crier or his Deputy be present, and the Inventory shall be signed by the common Crier, the Court of Aldermen will not allow thereof. The common Criers Fee for signing every Inventory is 10 s. and for his attendance, during the time of the Appraisment, at least 10 s. per day. When the Appraisment is made as aforesaid, and signed by the common Crier and the Appraisors, it must be given to Mr. common Sergeant, or one of his Clerks, at his Office in Guildhall-yard; and if he approves thereof, he will cause it to be Ingrossed, and a Duplicate thereof to be made for the Executor or Administrator: And when the same is examined by him, and his hand is set thereto in testimony thereof, the Executor or Administrator must in the Court of Aldermen swear the same Inventory is a true Inventory of the Goods and Chattels of the Party deceased, according to the best of his knowledge. When the Inventory is so exhibited, the Executor must become bound in a considerable Penalty, either to bring in the money that shall appear due to the Orphans by such Inventory, or within two Months, or within that time to give good Security to pay the same into the Chamber of London, for the use of the Orphans when they shall come to age, or be married. The Condition of a Bond to bring in Money, or to give Security, is as followeth. THe Condition of this Obligation is such, That if the above bound A. M. do and shall within two Months now next ensuing, bring, or cause to be brought into the Court of our Sovereign Lord the King, holden before the Major and Aldermen of the City of London for the time being, in the Chamber of the Guildhall of the same City, good and sufficient Sureties to be bound for the true and sure payment of the Orphanage and Legatory portions due and belonging unto the Children and Orphans of the said E. M. deceased, at the time of his death, by the Laws and Customs of the City of London, or by the last Will and Test●●me●t of the said Testator, or else do or shall pay, or cause the same to be paid into the Chamber of London, to the use of the same Orphans, and do and shall from time to time, and at all times hereafter, within one Month next after warning or notice to her given, or for her left in writing, at the now dwelling House of J. W. situate in Cornhill, London, bring or exhibit into the Court aforesaid, a true and perfect Account in writing upon her Corporal Oath, of all and singular the sperate, doubtful, and desperate Debts whatsoever, that were due and belonging unto the said E. M. at the time of his death, as shall come to her hands, or to the hands or custody of any other person or persons to her use, or by her appointment: And upon like notice to her to be given, or for her to be left in writing as aforesaid, bring or cause to be brought into the Court aforesaid, good and sufficient Sureties to be bound for the true and sure payment of so much money as upon every such Account shall appear, or be found due or belonging to the same Orphans, or else do and shall pay, or cause the same to be paid, into the Chamber of London, to the use of the same Orphans, without fraud or covin; then etc. or else etc. If the Executor pay the money into the Chamber of London, the Court of Aldermen usually allow 5 l. per Cent. Interest for so much of the Testator's Estate as is due to the Orphans by the Custom of London, so as the same exceed not 500 l. and for Legacy money 3 l. 6 s. 8 d. per Cent. If the Executor shall not think fit to pay the money into the Chamber, he must become bound with three Sureties to the Chamberlain of London for the time being, in one or more Recognizances, or else by Bond to pay the money due to Orphans; and in case the Security live within the Liberties of London, they must be bound by Bond. Note that if the Sum be 900 l. the Security must become bound by three Recognizances, each for the payment of 300 l. the Custom being never to make any Recognizance touching Orphans of greater Penalty than 400 l. and not for the payment of above 300 l. The Condition of every Bond that is for Security of Orphant's Portions, is as followeth: THe Condition of this Obligation is such, That if the within bound S. D. T. G. W. G. and J. Y. or any of them, their, or any of their Executors or Administrators, do, and shall well and truly pay, or cause to be paid, in the Court to be holden before the Major and Aldermen of the City of London for the time being, in the Chamber of the Guild-hall of the same City, to the within named Sir T. P. Chamberlain of the City of London, or his Successors Chamberlains of the same City for the time being, 100 l. of lawful Money of England, to and for the use and behoof of K. the Daughter and sole Orphan of W. D. late Citizen and Mercer of London, deceased, at such time as the said Orphan shall attain to her full Age of 21 years, or be married, to the said Orphan belonging out of the Goods, Chattels, Rights and Credits of her said Father, by the Laws and Customs of the City of London, or by his last Will and Testament, or otherwise: And if it shall happen in the mean time before the said Money shall be fully paid as aforesaid, that the said Orphan shall die and departed this mortal life, then if the said S. D. T. G. W. G. and J. Y. or any of them, their, or any of their Executors or Administrators, do, and shall within one Month next after the death of the said Orphan, pay, or cause to be paid into the Court aforesaid, to the Chamberlain of the City aforesaid, for the time being, the Sum of One hundred pounds so due, and belonging to the said Orphan, to the intent the same may be disposed where of right the same shall appertain. And further, if the said S. D. T. G. W. G. and J. Y. or any of them, their, or any of their Executors or Administrators, do and shall, until the said Money shall be fully paid as aforesaid, find and provide, or cause to be found and provided unto the said Orphan, Meat, Drink, Apparel, Linen and Woollen, and all other Necessaries to the said Orphan meet and belonging, And do not in the mean time willingly permit or suffer the said Orphan to be married, cloyned, bound Apprentice, or by any other ways or means to become bound, without the special licence and consent of the Major and Aldermen of the City aforesaid for the time being first obtained: And if it shall happen that the said S. D. T. G. W. G. and J. Y. or any of them, shall die and departed this mortal life, or grow into poverty or insufficiency in their or any of their Estate or Estates, before the said Money shall be paid as aforesaid, Then if the said S. D. T. G. W. G. and J. Y. or any of them, their, or any of their Executors or Administrators, do, and shall within one Month next after such dying, decaying, growing into poverty or insufficiency in their or any of their Estate or Estates, as aforesaid, bring, or cause to be brought into the Court aforesaid, to be holden before the Major and Aldermen of the City aforesaid for the time being, such and so many other good and sufficient Surety and Sureties as the same Court, for the time being, shall accept and allow of, who shall and will then and there become bound to the Chamberlain of the City aforesaid, for the time being, in manner and form and every condition (Mutatis Mutandis) as in these Presents contained in the stead or place of him or them so dying or decaying, growing into poverty or insufficiency in Estate or Estates, as aforesaid. And lastly, if the said S. D. etc. or any of them do yearly appear before the Major and Aldermen of the City aforesaid, for the time being, in the Chamber of the Guildhall of the same City, on Monday next after Midlent Sunday, That then, etc. or else etc. The Lord Major and Court of Aldermen do meet at Guildhall, and sit in the Orphans Court, there once in every year, viz. on the Monday morning after Midlent Sunday, purposely to hear the Names of all the Securities that stand bound for Orphant's Portions called over, and therefore that day is termed Call-day, upon which day one of every of the Sureties ought to appear to give an account, whether the other Securities are living, and in good condition, and whether the Orphans are living and married. If none of the Security appear upon that day, they forfeit their Recognizances and Bonds, and the Clerk of the Orphans in such case must make out Process against the Security, and force them to give the Account above required, and pay the Charges of the Process. The Security must take particular care that none of the Orphans marry, or be put Apprentice with their consents without the leave of the Court of Aldermen first obtained for that purpose. And as the Orphans come to be of the age of One and twenty years, or shall be married with the consent of the Court of Aldermen, they must take care to bring them to Guildhall, with a person to prove the age of such Orphan; and then the Orphan must acknowledge satisfaction for the Money due to him, or her, of the Testators Estate, which must be done in the Court of Aldermen; but one of Mr. Common Sergeant's Clerks must first draw up a Note to this, or the like effect. J. B. Parish-Clark and Register of All-hallows Lumberstreet, London, is come to prove unto this Honourable Court, upon his Corporal Oath, That R. B. one of the Sons and late Orphans of R. B. late Citizen and Mercer of London, deceased, is of the full Age of 21 years. And the said R. B. the Son, is come to acknowledge satisfaction to this Honourable Court for 500 l. growing due unto him for his own part and portion of the Goods, Chattels, Rights and Credits of the said R. B. his late Father deceased, by the Laws and Customs of the City of London. If a Freeman leaves Lands and Tenements to his Children, the Executor must become bound with Sureties to account for the Rents and Profits of such Lands with Condition, as followeth: The Condition of a Bond to Account for Rents, etc. THe Condition of this Obligation is such, That whereas A. W. Executor of the last Will and Testament of J. W. late Citizen and Skinner of London, deceased, is by order of the Court of Orphans, holden before the Major and Aldermen of the City of London, appointed to receive the Rents, Issues, and Profits of certain Lands, Messages, and Tenements in the Parish of B. in the County of M. which are bequeathed to R. the Son and Orphan of the said J. W. in and by the last Will of the said J. W. when the said Orphan shall attain the Age of 21 years: If therefore the said A. W. her Executors or Administrators, do and shall from time to time, and at all times hereafter, until the said Orphan shall attain the Age of 21 years, well and truly pay, or cause to be paid, the yearly Rent of 10 l. reserved in the Grants or Leases of the same Lands and Messages, according to the Covenants of the same Leases: And also do, until the said Orphan shall attain the aforesaid Age, keep and maintain the said Messages, and every of them, in good repair; And do and shall convey, assign, and assure unto the said Orphan, when he shall attain the full Age of 21 years, the same Lands and Messages, and every of them, discharged and freed from all Rent or Rents in the said Leases or Grants reserved, and from all and all manner of Forfeitures and Rentries, and well and sufficiently repaired and sustained: And if the said A. W. her Executors or Administrators, shall not do any act or acts, thing or things, whereby the said Orphan shall not enjoy the said Land and Messages at the said Age of 21 years, without encumbrances, from her, them, or any of them, That then, etc. or else, etc. WHen any Orphan is of full Age, and shall acknowledge satisfaction in the Court of Aldermen for all Moneys due to him or her; The same Court, upon motion made by Mr. Common Sergeant, doth constantly order, That all Bonds entered into for the payment of such Orphan's Portion shall be delivered up, and canceled, and if the Security became bound by Recognizances, the Clerk of the Orphans will cross and discharge such Recognizances, for which his Fee is 2 s. upon each Recognizance. The Chamber of London is accounted the safest and best Security in or about London; for the Moneys paid therein to the use of the City, or any Orphan, is constantly repaid upon demand without any trouble. And when Orphans come to Age, or be married, with the consent & approbation of the Court of Aldermen, they may receive their Portions (if paid into the Chamber) at an hours notice, although the sum shall be Ten thousand pounds or more; Mr. Chamberlain or his Clerks attending daily for that purpose. The Interest or finding Money is constantly paid as it becomes due, and the Court hath always taken great care that every Orphan shall receive his and her Portions out of the Chamber of London, without paying any other or greater Fees than hath been anciently taken; and if any Officer exact or take any other Fees, the Parties will, upon their application and evidence of the Fact to the Court of Aldermen, have remedy, and all just relief against the Offenders. Mr. Common Sergeant keeps his Office in Guildhall-yard, near St. Lawrence's Church, and constantly attends to dispatch all persons that are concerned for Orphans, and will not permit any Fees to be taken for any business to be done by virtue of his Office, more than hath been paid time out of mind; and if any of his Clerks exact any greater Fees, he will upon complaint cause satisfaction to be given to the Party grieved. The Widow of every Freeman, if she shall be Executrix or Administratrix of her Husband's Estate, aught by the Custom of London to exhibit a true Inventory of her Husband's Estate into this Court before she contract Marriage, otherwise the Court of Aldermen may impose a reasonable Fine upon such Executrix or Administratrix, to the use of the Orphans of such Freeman. To prevent abuses that sometimes happen to Freemens Estates in prejudice of Orphans by Executrixes and Administratrixes not giving an Inventory in due time after the Testator's decease; The Court of Aldermen have made an Order not to allow any finding Money or Interest for any Money that shall be paid into the Chamber of. London by any Executor or Administrator belonging to any Freeman's Estate, until such time as the Executor or Administrator of such Freeman do bring in and exhibit upon Oath a true and perfect Inventory to his knowledge of all the Goods, Chattels, Plate, Jewels, ready Money, and Debts, which did belong to such Freeman at the time of his death. It is the interest and advantage of all Executors and Administrators of Freemen to exhibit Inventories of the Estates of such Freeman within the time limited and appointed by the Court of Aldermen, for the doing thereof, especially such as shall leave no greater Estate then to pay their Debts: For if upon the bringing any Inventory into the Court of Aldermen, it shall appear to the Court, that the Testator did not leave more Estate then to pay his just Debts, in such case the Court will discharge such Executor or Administrator of the Recognizance he gave for exhibiting an Inventory without paying any Fee to any Officer whatsoever: Provided such Executor or Administrator bring in such Inventory, when he shall have notice from Mr. Common Crier so to do. The Court of Aldermen do commit the custody of Orphans to such person or persons as they shall think sit, and if any person whatsoever do intermarry with any Orphan without the consent of the same Court first obtained, such person may be fined by the said Court, according to the quality and portion of the Orphan, and unless such person do pay the Fine, or give Bond to pay the same in some reasonable time, the Court of Aldermen may commit him to Newgate, there to remain until he submit to their order: And although such person shall have ten times a better Estate than the Orphan he intermarries, yet he must submit to pay such Fine as the Court shall impose upon him: But if he settle an Estate upon the Orphan as the Court shall direct, and make application to the same Court by Petition to have the Fine remitted, they will in probability show favour to such person, as they have done in the like cases. This Custom hath been adjudged reasonable, and was argued in the Court of King's Bench, in the Case of a Merchant that had a good Estate, who intermarried with an Orphan, without the consent of the Court of Aldermen: The Orphan had but 200 l. or thereabouts in the Chamber of London, but her Portion was 800 l. and upon hearing the matter in the Court of Aldermen, the Merchant did seem to justify himself, because he had the consent of the Orphan's Relations: Thereupon the Court ordered him to pay 40 l. as a Fine, which he refused, and was committed to Newgate: And after some considerable time he brought a Habeas Corpus, which was allowed, and the cause of his Imprisonment returned; and upon perusal of the Return, and after long debate had by Counsel on both sides, the Court of King's Bench remanded the Gentleman back to Prison, and directed him to submit to the Court of Aldermen; which he did by paying the Fine, and was thereupon discharged; but upon his humble Suit to the Court, a great part of his Fine was returned. The Lord Major, Aldermen, and Commons of the City of London in Common Council have made several good Acts and Orders to prevent Freemens Children from marrying without the consent of their Parents and Guardians, and to keep them from vicious Courses; more particularly by an Act of Common Council in the Majoralty of Sir Andrew Judd Knight, in the Fifth year of King Edward the Sixth, It is enacted and established for a Law perpetual to be observed and kept within the said City, as followeth, viz. FIrst, If any Manchild or Womanchild shall maliciously go about, or attempt to do or cause to be done, any bodily harm, death, or destruction to his or their Father or Mother; or if any Mankind do hereafter marry or contract marriage in the life of his Father or Mother, by whom he will claim any portion under the age of One and twenty years, without the consent of his said Father or Mother, by whom he will claim any portion; or if any Womanchild do hereafter marry or contract marriage in the life time of her Father or Mother, or other Parents, by whom she shall claim any portion before the age of eighteen years, without the consent of her Father, or such other Parent, by whom she shall or may claim any portion; or if any Manchild be a Chief, or a Felon, or common Whore-hunter, or common Dicer, or common player at unlawful Games notoriously known; or if any Womanchild shall hereafter commit any whoredom, or be a common picker, that then every of the persons so offending shall be barred and excluded to have or demand any portion: Provided always, that it shall be lawful for the Father or Mother of any such Child or Children, to give and bequeath in Legacy to such Child or Children as much as the portion of such Child so offending shall amount unto by the Custom of the said City, and then such child thereby to be enabled to have and demand the same as portion, this Act notwithstanding, so that the same Legacy be contained in his or their Testament in writing, and not otherwise; and that then and from thenceforth his said child or children to be admitted and restored to claim such Legacy or Legacies, in such sort, manner, and form, as if there had been never such offence done or committed by any such child. Item, It is further ordained, enacted, authorized and established by Authority aforesaid, That if any Womanchild, being an Orphan, and under the age of One and twenty years, at any time hereafter after the death of her Father, do censure or contract herself in marriage, or else according to the Ecclesiastical Laws of this Realm do perfectly solemnize or consummate marriage with any Freeman of this City, the consent and agreement of the Lord Major and Aldermen of the said City of London for the time being not obtained and had, that then for every such default and offence committed or done by any Orphan or Orphans of the said City, the same being confessed or sufficiently proved by two Witnesses, or otherwise, before the Lord Major and Aldermen of the said City of London for the time being, at and in a Court of Aldermen, she or they that so happens to behave her or themselves, as is aforesaid, shall forfeit and forego and lose 12 d. of and for every pound so due, or to be due unto her or them, by reason of any such Orphanage, the said sum of 12 d. for every pound to go, or be to the use of the Chamber of the said City, according to the ancient Custom before this time in such case used. And if the said contract or marriage of such Orphan or Orphans be made with any foreign, not being free of this City, at the time of any such contract or marriage made, that then the said Orphan or Orphans, or every of them, shall forfeit and lose three shillings for every pound due, or to be due, unto her or them by virtue of any Orphanage or Custom had or used within the said City, one shilling of the said three shillings of every pound to go, or to be to the use of the Chamber of the said City, in such manner and form as is aforesaid, and the other two shillings so forfeited of every pound to go to the use of such other Orphan or Orphans as then shall remain unmarried, or else for default of such Orphans or Orphan, to remain to the next of the Kindred of the Orphan so offending. Also be it further Enacted, Ordained and Established by Authority aforesaid, for and in discharge of divers Variances, Contentions, and Suits that daily heretofore have, and hereafter may ensue, That if a Freeman's child, man or woman, fortune to be married hereafter, in the life time of his or their Father, by this consent, and not fully advanced of and to his and her full part or portion of his or her said Fathers Goods as he shall be worth at the time of his decease, according to the ancient Laws and Customs of the said City, That then every such Freeman's child so being married in the life time of his or her Father, shall be to all intents and purposes disabled to demand any further part or portion of his or her Father's Goods, after the decease of his or her Father, but shall be adjudged, reputed, or taken to be fully advanced, according to the Law and Custom of this City, and hath been long time out of mind, except his or her said Father do mention certainly in the last Will or Testament, or by some other writing signed with his own proper name or mark, the certainty of the sum or sums, Goods or Chattels, and the value of them that the Father gave, paid, or departed withal, or otherwise assured, or hereafter shall give, pay, depart withal, or otherwise make assurance of unto him or her, before, at, or after the marriage of him or her, or otherwise, in his life time, for and towards their advancement, in the name of his or her part or portion, and then every such Orphan or Child, which after the decease of his or her said Father, can bring forth the said Testament or other Writing signed or marked with the Father's hand or mark, wherein the certainty of such Money, Goods, or Chattels as they gave, or shall have received of their said Father, or by the same Father assured by Specialty or otherwise, shall have as much more of the ready Money, Goods, Chattels, and Debts of the said Father, as with that which he or they shall have received towards their advancement in the life of the said Father, shall make up a full child's part of his Goods and Chattels, as he shall be worth at the time of his decease, the same to be demanded, asked, and claimed, or sued for against the Executor or Executors, Administrator or Administrators of the Goods and Chattels of the said Father, by Bill original to be commenced in our Sovereign Lord the King's Court, holden in the utter Chamber of the Guildhall of the said City, before the said Lord Major and Aldermen of the same City for the time being, any Law or Custom heretofore made or used to the contrary notwithstanding; In which Action no wager of Law or Essoin shall be admitted or allowed. Provided always, and it is further enacted, That if any Freeman's Son, being of full age, which shall hereafter be married with the consent of his Father, or any other person, being of full age, which shall hereafter marry any Freeman's Daughter, do at the time of the Espousals, or at any time after, confess themselves by writing fully satisfied of his or their portions, or do otherwise, or discharge the said Father of such Sons or Daughters, of all their part and portion due, or to be due, by the Law and Custom of the City, that then every such person so confessing, acquitting, or otherwise discharging, shall be reputed and taken as fully advanced of his or their whole part or portion, and shall not be able to demand any further or greater part of the Substance, Goods, and Chattels of his or her Father, this Law or any other Law or Custom heretofore made or used to the contrary notwithstanding. And further, Forasmuch as it is thought very prejudicial and hurtful to the Fatherless Children and Orphans, when the Mother, or Mother-in-law, being Executor of the last Will and Testament of her late Husband, by whom, and after whose death, the Orphans are entitled to an Orphanage, according to the laudable Customs and Ordinances of this City, do divers times marry or contract Matrimony, some with foreigners and persons unknown, and some with Freemen, before a just Inventory of the Goods, Chattels, Plate, jewels, and ready Money of the Testators be by them brought in, by reason whereof many times they either for fear or affection of their Husbands, or for some other sinister cause, do bring in very suspicious Inventories, omitting therein either ready Money, Plate, jewels, or Debts, or some other thing or things, whereby some benefit should redound to the Fatherless children, to the great loss and hindrance of the Orphans, and sometimes slander to the Lord Major and Aldermen of this City, notwithstanding the great care and travel that they take for the good ordering and true answering of the said Orphans. It is therefore by like Authority ordained, established, and enacted, That if after the First day of November next ensuing, any Widow which is or shall be made Executor of the Testament and last Will of her late Husband, being a Freeman, or shall take upon her the Administration of the Goods and Chattels of her late Husband, being a Freeman, do not upon her Oath bring in and exhibit, or cause to be brought in or exhibited, before the Lord Major and Aldermen of this City for the time being, at and in a Court of Aldermen, a just and perfect Inventory, to their knowledge, of all the Goods, Chattels, Plate, and jewels, ready Money and Debts, as were her said Husbands at the time of his death, appraised according to the Law of the said City, before she do ensure herself in marriage, or contract marriage, or else according to the Laws of the Realm, do perfectly solemnize or consummate marriage with any person before such time as aforesaid, that then every person so offending shall forfeit and lose eight shillings of every pound of her portion of the Goods of her late Husband, due to her by the laudable Customs of the said City, the same to go to the use of such Orphan or Orphans as then shall be entitled to have or demand any Orphanage or Portion after the death of his or her late Father, the same so demanded, asked, claimed, or sued against such Executor or Administrator, and by Bill original of Debt to be commenced in our Sovereign Lord the King's Court aforesaid, any Law or Custom heretofore had, made, or used to the contrary notwithstanding; In which Action no wager of Law or Essoin shall be admitted or allowed. THis Law or Act is called Judd's Law, and is not repealed; but the Lord Major and Aldermen have sometimes for especial reasons thought fit to dispense with the same Act in favour of Orphans that have sought relief against the Penalties therein mentioned. By the Custom of London a Freeman's Widow may require a third part of his personal Estate after his Debts paid, and Funeral Charges discharged, besides her Widow's Chamber furnished; and his Children may require another third part thereof, and the Freeman may by his last Will give away the other third part of his Estate, either to his Wife, or any of his Children, or any other person whatsoever, but if he shall have no Children, than his Widow may require a Moiety of his personal Estate, after Debts paid, together with her Widow's Chamber furnished. And if a Freeman shall make his Will contrary to this Custom, and give away more than a third of his Estate from his Wife and Children, they may be relieved against such Will by exhibiting their Bill in this Court against the Executor of such Freeman, and so much of his Will as shall be contrary to the custom will be declared void and of no effect. If a Freeman shall in the time of his last sickness, give and deliver any part of his Goods, Chattels, or Moneys to his Wife or Child, or any other person, with intent that such person shall keep the same Moneys or Goods to his or her own use: Such Gift is against the Custom of London, and the Moneys or Goods so given shall be accounted part of the Estate that belonged to such Freeman at the time of his death, and may be recovered by Bill in this Court: For a Freeman cannot in the time of his sickness whereof he shall die, give away any part of his Estate, otherwise then by his last Will. If an unfreeman, or any other person, shall by his Will give a Legacy to an Orphan, the Court of Aldermen may compel the Executor of such unfreeman to pay the Money bequeathed into the Chamber of London, or give Bond to pay the same according to the purport of the Will. If a Freeman die without a Will, and leave a Wife and Children, Administration of his Estate will be granted to his Widow, and she will claim a third part of his Estate by the Custom of London, and one third must be divided amongst his Children, and the other part thereof must be divided between the Wife and Children; and usually the Widow is allowed two thirds of the Freeman's third part, and the Children one third thereof. If a Freeman shall give part of his Estate to any of his Children in life time in marriage or otherwise, and afterwards die and make a Will, and give away his Estate to his other Children, and shall declare that the Child he so disposed in marriage, had received 500 l. or more of his Estate, and was thereby fully advanced; such declaration shall not bar the person so married, but he or she may recover an equal share with the other Children of the personal Estate that belonged to such Freeman at the time of his death; but then such person must bring in the Money received of his Father in his life time, and reckon it part of the Estate left by such Freeman at his death; and such bringing in the Money is called bringing it into Hotchpott. If a Freeman shall settle or make over any part of his Estate to the use of his Children, with design to defraud his Wife of her full third part, the Widow may, after his death, set aside such Settlement by a Bill in this Court. When an Inventory is exhibited in this Court, and the Orphans can prove any Goods omitted or undervalved, or any Debts charged to be owing from the deceased, which were not real and just Debts, in such case the Clerk, upon complaint made, will summon a Jury to inquire whether the Inventory so exhibited, be a true and perfect Inventory, or not? And if the Jury find any omissions, undervaluations, or surcharges, than the same Clerk will sue the Executor upon the Bond he gave for exhibiting an Inventory, and will thereby compel him to make good to the Estate so much as shall be found by the Jury to be omitted, undervalved, or surcharged, unless he can by proof discharge himself thereof before the Court of Aldermen, who upon application made by any Executor, will examine into the Accounts of such Executor, and do right to all parties, without any expense to the Executor or the Orphans. When it shall appear by any Inventory that many Debts are standing out due to the deceased, the Court of Aldermen do constantly compel the Executor to give Bond to render a true Account from time to time when he shall be thereunto required; the Condition of which Bond is as followeth. The Condition of a Bond to Account. THe Condition of this Obligation is such, That if the above bounden A. B. do at all and every time and times hereafter, within One month next after warning to him to be given, or for him to be left in writing at the now Dwellinghouse of R. B. situate in Cornhill in London, bring and exhibit into the Court of our Sovereign Lord the King, to be holden before the Major and Aldermen of the City aforesaid for the time being, in the Chamber of the Guildhall of the same City, a true and perfect Account in writing upon his Corporal Oath, of all and singular the sperate, doubtful, and desperate Debts whatsoever, which were due and belonging to R. R. late Citizen and Grocer of London, deceased, at the time of his death, as shall come to his hands or custody, or to the hands or custody of any other person or persons to his use, or by his appointment, and upon like notice to him to be given, or for him to be left in writing as aforesaid, bring, or cause to be brought, into the Court aforesaid, good and sufficient Sureties to be bound for the true and sure payment of so much Money as upon every such Account shall appear, or be found due or belonging to the Children and Orphans of the said R. R. or else do and shall pay, or cause to be paid into the Chamber of London, to the use of the same Orphans, so much Money as upon every such Account shall appear, or be found due or belonging to the same Orphans; That then, etc. or else, etc. It is usual once in Twelve months to summon the Executor to give an account, and if upon the exhibiting thereof it shall appear that any Money is due to the Orphans, the Executor must either pay the same Moneys into the Chamber of London, or give good Security to pay the same; which if he omit or refuse, his Bond will be put in suit against him. The method for giving an Account. THe Executor must write an Account of his Receipts and Payments since the Inventory exhibited, and give it to Mr. Common Sergeant, who will examine it, and cause it to be engrossed, and set his Hand thereunto, and to a Duplicate thereof for the Executor; and then the Executor must make Oath before the Court of Aldermen that the Account is true. Note. That if any Executor cannot give in his Account according to the time mentioned in his Bond, he must apply himself to the Court of Aldermen for further time, which is usually granted. Fees to be paid when Security is given for Orphant's Moneys, if the Sum to be secured amount to 100 l. and do not exceed 300 l. s. d. To the Common Sergeant 6 8 To the Common Crier 6 8 To the Town Clerk 2 0 To the Clerk of the Orphans 1 4 16 8 The like Fees must be paid for every 300 l. that is secured; and if the Sum secured be 1000 l. then the Security must enter into 4 Recognizances; the last of which Recognizances must be for payment of 100 l. only the Fees in such case will amount to 3 l. 6 s. 8 d. If the Sum secured is but 20 l. then the Fees are as followeth: s. d. To the Common Sergeant 3 4 To the Common Crier 3 4 To the Town Clerk 2 0 To the Clerk of the Orphans 1 4 10 0 If the Sum of any Recognizance shall be under 20 l. then the Common Sergeant's Fees and Common Criers Fees are but One penny in every pound: But the Town Clerk and Clerk of the Orphans have the same Fees as above is mentioned. Fees to be paid for acknowledging satisfaction upon 4 Recognizances for 1000 l. s. d. To the Common Sergeant upon every Recognizance 6 8 To the Common Crier 5 6 To the Town Clerk 2 0 To the Clerk of the Orphans 1 4 The Fees in such case will in the whole amount to three pounds. If satisfaction is to be acknowledged upon a Recognizance but for 20 l. then the Fees are as followeth: s. d. To the Common Sergeant 3 4 To the Common Crier 2 6 To the Town Clerk 2 0 To the Clerk of the Orphans 1 4 9 2 But if the Moneys due to the Orphans shall be paid into the Chamber of London, then there is no Fees due to any person. Here followeth the form of a Bill for the Son of a Freeman unadvanced by his Father in his life time, to recover the Customary part of his Father's Estate. To the Right Honourable, etc. Humbly complaining, showeth unto your Lordship and Worships, your daily Orator A. B. of London, Gent. Son of J. B. late Citizen and Mercer of London, deceased, That whereas there is now, and for all the time whereof the memory of man is not to the contrary, there hath been an ancient and laudable Custom used, continued, and approved within this Honourable City of London and Liberties thereof, and by several Acts of Parliament ratified and confirmed, That if any Citizen and Freeman of this said City of London, happen to die, having at the time of his death no Wife, but a Child or Children of his Body lawfully begotten, unadvanced in the life time of such Citizen and Freeman with the Goods and Chattels of Citizen and Freeman so deceasing; And such Citizen and Freeman of the said City of London so deceasing, being of his death possessed of, or any ways interessed in any Goods, Chattels, and other personal Estate, and so dying a Freeman of the said City of London, Then and in such case all and singular the Goods, Chattels, and personal Estate whereof such Citizen and Freeman of the said City of London was so possessed of, or interessed in at the time of his death, after deduction and defalcation made of the just and due Debts that were owing by such Citizen and Freeman so deceasing at the time of his death, and of the reasonable and customary expenses of the Funeral of such Citizen and Freeman so deceasing, is and aught to be, and for all the time aforesaid have been accustomed to be divided into two equal Moieties and half parts and portions, and disposed of in manner following, viz. one moiety and equal half part thereof doth belong, and aught to go to the Child of such Citizen and Freeman of the said City, of his Body lawfully begotten, and unadvanced by his or her said Father in his life time, with the Goods or Chattels of such Citizen and Freeman so deceasing; And if such Citizen and Freeman of London so dying, shall have more than one Child of his Body lawfully begotten, at the time of his death, unadvanced by their said Father in his life time with the Goods and Chattels of such Citizen and Freeman so deceasing, then the said moiety or equal half part of the Goods, Chattels, and other personal Estate whereof such Citizen and Freeman shall die possessed of, or be interessed in, at the time of his death, doth belong, and aught to go and be divided to and amongst such Children of such Citizen and Freeman of the said City, of his Body lawfully begotten, and unadvanced by his, her, or their said Father in his life time, with the Goods or Chattels of such Citizen and Freeman so deceasing, share and share alike as his, her, and their Orphanage or customary part and portion of, and in the said Goods, Chattels, and other personal Estate of such Citizen and Freeman so deceasing; And the other moiety or equal part of the said Goods, Chattels, and other personal Estate whereof such Citizen and Freeman of the said City of London, shall die possessed of, or be any ways interessed in at the time of his death, doth belong to such Citizen and Freeman so deceasing, to be at his dispose in and by his last Will, if he shall make any, or to go to the Executor or Executors of such last Will and Testament, or to the Administrator or Administrators of the Goods, and Chattels of such Citizen and Freeman so deceasing, as the case doth require; And by the said Custom of this Honourable City of of London, all and every Wills and Testaments, Devise or Devises, or other Acts made or done by any such Citizen of the said City of London, for devising, settling, or disposing of his personal Estate, or any part thereof, contrary to, or not agreeable with the said Custom of the said City of London, is, and are, and time out of mind have been deemed and adjudged by the usage of the said City, as unto so much thereof as hath been contrary to the said Custom, fraudulent, void, and of none effect: And your Orator further showeth, that his said late Father J. B. was in his life time, and at the time of his death, a Citizen and Freeman of this Honourable City of London (to wit) of the Company of Mercers of London, and was then possessed of, and interessed in a personal Estate, consisting in Goods, Chattels, Wares, Leases, ready Money, Plate, Householdstuff, Linen, Woollen, Bedding, Brass and Pewter, and of Debts due by specialties, and of Debts due without specialties, and of other things of the value of Eight hundred pounds; And he the said J. B. being so possessed of such Estate, did in his life time, viz. in or about the day of last, make his last Will and Testament in writing, and thereof did constitute and appoint E. B. his Executor; And shortly afterwards, viz. on the day of last passed, he the said J. B. your Orators said late Father departed this life, being at the time of his death a Citizen and Freeman of this City, and then possessed of, and interessed in the personal Estate aforesaid, having no Wife, and but one only Child, viz. your said Orator, who was altogether unadvanced by his said late Father in his life time with the Goods or Chattels of his said late Father; And he the said E. B. shortly after the death of the said J. B. proved the said last Will and Testament, and took upon him the execution thereof; And by virtue thereof the said E. B. hath possessed himself of all and every the said Goods, Chattels, Leases, ready Money, Plate, Householdstuff, Linen, Woollen, Bedding, Brass, Pewter, and other the said personal Estate, whereof the said J. B. your Orator's said late Father, died possessed, or that he was interessed in at the time of his death, or of the greatest (or a very considerable) part thereof, or the same is come to the hands, custody, or possession of some other person or persons, by or with his privity, knowledge, or consent; And the said E. B. or some other person or persons on his behalf, have had and received some of the said Debts and Sums of Money that were due and owing to the said Testator at the time of his death, and hath altered the property of others of the said Debts, by taking new Securities for the same in the name of himself, or in the name or names of some other person or persons in trust, to and for his use; And the said E. B. hath possessed himself of divers Bonds, Bills obligatory of Debt, Accounts, Books of Accounts, and other Writings and Papers that that belonged to the said Testator at the time of his Death: And your Orator further showeth, That your Orator's said late deceased Father J. B. in his life time, viz. about two months' next before his death, finding himself drawing towards his end, and honestly intending to pay and discharge all his just Debts before he died, did deliver unto the said E. B. the Sum of 100 l. or thereabouts in trust that he should therewith pay his the said Testators said Debts, and to render an Account thereof, and restore the residue or overplus thereof (all his said Debts being satisfied) unto the said Testator; And he the said E. B. did accordingly satisfy (or aught to have paid) therewith all the Debts that your Orator's said late deceased Father J. B. did then justly own, so that the said Testator was not at the time of his death indebted to any person whatsoever, or if he were, yet it was in some very inconsiderable Sum of Money; But he the said E. B. rendered no Account of the said 100 l. or other Sum, or of any part thereof, unto the said Testator in his life time, nor did he repay to the said Testator the overplus of the same over and besides what was by him disbursed in or towards payment of the said Debts, as by the said Trust reposed in him as aforesaid, he ought to have done: And your Orator further showeth, That one moiety or equal half part of the said clear personal Estate whereof your Orators said late deceased Father J. B. was possessed of, and interessed in at the time of his death, as aforesaid, amounting to the Sum of 400 l. or thereabouts, and the same being due unto your said Orator by the said Custom of this Honourable City, as your Orator is the only Child that his said late Father had at the time of his death, and was altogether unadvanced by your Orator's said late Father, by or with the Goods or Chattels of his late Father, in his said late Father's life time; And the said Testator having no Wife at the time of his death, your said Orator hath lately in friendly manner demanded your Orator's said customary part of his said late Fathers personal Estate of him the said E. B. But so it is, may it please your Lordship and Worships, that the said E. B. doth absolutely deny to satisfy the same to your Orator, and will not discover the said Testators said Estate, but concealing the same, hath not exhibited any Inventory of the Particulars of the same Estate; But if he hath exhibited any Inventory thereof, the same is a very untrue and imperfect Inventory, and many of the Particulars therein mentioned are therein, and in the Appraisement thereof, greatly undervalved; And divers Particulars of the said Testators said Estate are wholly omitted out of such Inventory; And the same Inventory is surcharged with divers Debts supposed to be due by the said Testator at the time of his death to several persons, whereas in truth the same were in the life time of the said Testator paid and satisfied by the said Testator himself, or by the said E. B. for and on the said Testators behalf, and by his order, and with the proper Moneys of the said Testator as aforesaid; And the said E. B. hath omitted out of the said Inventory several Debts that were due and owing to the said Testator at the time of his death; And the said E. B. hath not made any Account of the said 100 l. or other Sum so delivered to him by the said Testator, or order, in his life time, in trust for discharge of the said Testators Debts; Nor hath he brought the overplus (or any part) thereof to the Estate of the said Testators: All which do of the said E. B. tend to your Orators great wrong, and to the defrauding him of his said Customary part of his said late Fathers said personal Estate, and are contrary to Equity and good Conscience. In tender consideration of all which premises, and forasmuch as your said Orator hath no remedy or relief touching the premises, at or by the strict Rules of the Common Law of this Realm, for that your Orator's Witnesses, by whom he should prove the Particulars of the said Estate, and other the Premises to be such as they are hereby afore declared, are in parts beyond the Seas, and in places far remote from this Honourable City, so as your Orator knoweth not where readily to find them; But your Orator is only relievable in the Premises in this Court of Equity, where matters of this nature are most properly to be examined; And where your Orator doth well hope that the said E. B. will upon his Oath discover the truth of the Premises (being thereunto required) To the intent therefore that the said E. B. may set forth a true, perfect, and exact Inventory and Account of all and every of the Goods, Chattels, Leases, ready Money, Plate, Householdstuff, Debts due by Specialties and otherwise, and other the said personal Estate whereof the said J. B. died possessed, or was any ways interessed in at the time of his death, and the true and particular values of the same, and how much the said personal Estate doth amount unto; And that he may set forth all and every the Particulars of the same Estate that within two months before the death of the said Testator, or at any time since hath come to the hands, custody, or possession of him the said E. B. or of any other person or persons, by or with his knowledge, privity, or consent, and of whom and where the same are, and the particular values of them also, and all and every the Debts, Sum and Sums of Money that he the said E. B. or his order, hath had or received, that were owing or belonging to the said Testator, at his death, or to his said Estate since his death; And may also set forth, whether the said Testator, or order, did not in his life time deliver unto him the said E. B. the Sum of 100 l. or some other Sum of Money, and how long before his death, and to what use or purpose; Whether it was not in trust that he the said E. B. should therewith pay and discharge such Sums of Money or Debts, or some of them, that he the said Testator did then owe, and how and to whom he the said E. B. did pay or dispose of the same, or any part thereof in the said Testator's life time, and how much thereof did remain at the death of the said Testator indisposed of; And whether there remained any Debt or Debts due by the said Testator at the time of his death unsatisfied, and may declare the particulars of the same Debts, and the Names, Surnames, and Places of abode of all and every the persons to whom the same were respectively due; And may also declare how much the one Moiety, or one half part of the said Testator's clear personal Estate whereof he died possessed, or was interessed any ways in at the time of his death, doth amount unto; And may set forth a particular of all and every the Bonds, Bills, Leases, Books of Accounts, and other Accounts, Papers, and Writings of and belonging to and concerning the said Testator and his Estate, that hath come to his hands, custody, or knowledge, and the respective Contentts of the same; And may answer all and singular other the Premises, and your Orator be therein relieved according to Equity; May it please your Lordship and Worships of your accustomed goodness to cause the said E. B. to be warned &c. to Answer the Premises upon his Corporal Oath; And that he may be enjoined to perform and abide such Order and Decree in and touching the Premises, as to your Lordship and Worships, upon hearing the Cause, shall seem meet. And your Orator shall pray, etc. THE Hustings Court. THE Court of Hustings is a very ancient Court of Record, and is always held in Guildhall before the Lord Major and Sheriffs of London for the time being, and when any matter is to be argued or tried in this Court, Mr. Recorder sits as Judge with the Lord Major and Sheriffs, and gives Rules and Judgement therein. This Court is recorded to be held upon Mondays, but it is usually held every Tuesday; and if Tuesday happen to be a Holiday, than there is no Court held for that reason: But a Court is always held although Monday be a Holiday, except at the particular times hereafter mentioned. There is Hustings of Pleas of Land, and Hustings of Common Pleas, the Titles of which Courts for this present year, and the times when there is not, nor cannot be any Court held, are as followeth. Jan. 12. 1678/ 9 Pl'ita terre tent' in Hustingo in Guihald' London die Lune prox' post Festum Epiphanie Dni ' Anno Regni Caroli Scdi' etc. Tricesimo primo. 19 Co'ia Pl'ita tent' etc. die Lune in Festo Sci' Wolstani Epi'. 26. Pl'ita terre tent' etc. die Lune prox' ante Festum Converc'onis Sci' Pauli. Febr. 2. Co'ia Pli'ta tent' etc. die Lune prox' post Festum Sceva ' Agathe Virgins. 9 Pl'ita terre tent' etc. die Lune prox' ante Festum Sci' Valentini Epi' & Martyris. 16. Co'ia Pl'ita tent' etc. die Lune prox' post Festum Sci' Valentini Epi' & Martyris. 23. Pl'ita terre nulla Quia dies Martis fuit Festum Carnis privij. Mar. 1. Co'ia Pl'ita tent' etc. die Lune prox' post Festum Sci' Mathei Apostoli 8. Pl'ita terre tent' etc. die Lune prox' ante Festum Sci' Gregorij Epi'. 15. Co'ia Pl'ita tent' etc. die Lune prox' post Festum Sci' Gregorij Epi'. 22. Pl'ita terre tent' etc. die Lune prox' ante Festum Annuntiac'onis Beat Marie Virgins. 29. Co'ia Pl'ita nulla Quia post Dominicam in Passione. April 5. 1680. Pl'ita terre nulla Quia post Dominicam in Ramis Palmar'. 12. Co'ia Pl'ita nulla Quia in Hebdomada Pasche. 19 Pl'ita terre tent etc. die Lune prox' ante Festum Sci' Georgij Matyris. 26. Co'ia Pl'ita tem' etc. die Lune prox' post Festum Sci' Marci Evangeliste. May 3. Pl'ita terre tent' etc. die Lune prox' post Festum Apostolor' Philippi & Jacobi. 10. Co'ia Pl'ita tent' etc. die Lune prox' post Festum Sci' Johannis ante Portam Latinam. 17. Pl'ita terre nulla Quia Hebdomada Rogac'onis. 24. Co'ia Pl'ito tent' etc. die Lune prox' post Festum Sci' Dunstani Archiepiscopi. 31. Pl'ita terre nulla Quia Hebdomada Pentecostes. June 7. Co'ia Pl'ita tent' etc. die Lune prox' ante Festum Sci' Barnaby Apostoli. 14. Pl'ita terre tent' etc. die Lune prox' post Festum Sci' Barnaby Apostoli. 21. Co'ia Pl'ita tent' etc. die Lune prox' ante Festum Sci' Joh'is baptist. 28. Pl'ita terre nulla Quia dies Martis fuit Festum Apostolor' Petri & Pauli. July 5. Co'ia Pl'ita tent' etc. die Lune prox' post Festum Visitac'onis Beat Marie Virgins. 12. Pl'ita terre tent' etc. die Lune prox' post Festum Sci' Benedicti Abbatis. 19 Co'ia Pl'ita tent' etc. die Lune prox' ante Festum Sancte Margarette Virgins. 26. Pl'ita terre tent' etc. die Lune prox' post Festum Sci' Jacobi Apostoli. Aug. 2. Co'ia Pl'ita nulla Quia null' Hustingum tenetur à primo die Augusti usque Festum Sci' Michaelis Arch'i scdm' consuetud' etc. 9 Pl'ita terre nulla Quia null' Hustingum tenetur à primo die Augusti usque Festum Sci' Michaelis Arch'i scdm' consuetud' etc. 16. Co'ia Pl'ita nulla Quia null' Hustingum tenetur à primo die Augusti usque Festum Sci' Michaelis Arch'i scdm' consuetud' etc. 23. Plita terre nulla Quia null' Hustingum tenetur à primo die Augusti usque Festum Sci' Michaelis Arch'i scdm' consuetud' etc. 30. Co'ia Pl'ita nulla Quia null' Hustingum tenetur à primo die Augusti usque Festum Sci' Michaelis Arch'i scdm' consuetud' etc. Sept. 6. Pli'ta terre nulla Quia null' Hustingum tenetur à primo die Augusti usque Festum Sci' Michaelis Arch'i scdm' consuetud' etc. 13. Co'ia Pl'ita nulla Quia null' Hustingum tenetur à primo die Augusti usque Festum Sci' Michaelis Arch'i scdm' consuetud' etc. 20. Pl'ita terre nulla Quia null' Hustingum tenetur à primo die Augusti usque Festum Sci' Michaelis Arch'i scdm' consuetud' etc. 27. Co'ia Pl'ita nulla Quia null' Hustingum tenetur à primo die Augusti usque Festum Sci' Michaelis Arch'i scdm' consuetud' etc. Octob. 4. Pl'ita terre tent' etc. die Lune prox' post Festum Sci' Michaelis Archangeli. 11. Co'ia Pl'ita tent' etc. die Lune prox' ante Festum tnanslac'onis Sci' Ed'ri Regis & Confessor'. 18. Pl'ita terre tent' etc. die Lune prox' post Festum translac'onis Sci' Ed'ri Regis & Confessor'. 25. Co'ia Pl'ita tent' etc. die Lune prox' ante Festum Apostolor' Simonis & Judas. Nou. 1. Pl'ita terre nulla Quia dies Martis fuit Festum omnium Animar'. 9 Co'ia Pl'ita tent' etc. die Lune prox' ante Festum Sci' Martini Episcopi. 15. Pl'ita terre tent' etc. die Lune prox' post Festum Sci' Martini Episcopi. 22. Co'ia Pl'ita tent' etc. die Lune prox' post Festum Sci' Edmundi Regis. 29. Pl'ita terre nulla Quia dies Martis fuit Festum Sci' Andree Apostoli. Dec. 6. Co'ia Pl'ita tent' etc. die Lune prox' post Festum Sci' Andree Apostoli. 13. Pl'ita terre tent' etc. die Lune in Festo Sceva ' Lucy Virgins. 20. Co'ia Pl'ita nulla Quia null' Hustingum tenetur post Festum O sapientia & ante Festum Epiphanie Domini. 27. Pl'ita terre nulla Quia null' Hustingum tenetur post Festum O sapientia & ante Festum Epiphanie Domini. Jan. 3. Co'ia Pl'ita nulla Quia null' Hustingum tenetur post Festum O sapientia & ante Festum Epiphanie Domini. 10. Pl'ita terre tent' etc. die Lune prox' post ' Festum Epiphanie Domini. In this Court Deeds may be Enrolled, Recoveries may be passed, Wills may be proved, and Replevins, Writs of Error, Writs of Right, Patent, Writs of Waste, Writs of Partition, and Writs of Dower, may be determined for any matters within the City of London and the Liberties thereof. The Attorneys of the Lord Major's Court are Attorneys also in this Court; Note. and the second Attorney is always Clerk of the inrolments, and Enrolls all Deeds that are brought for that purpose. The method for Inrolling a Deed is thus: First, the Parties that Sealed the Deed must go before the Lord Major, or the Recorder, and one Alderman, and acknowledge it to be their Act and Deed; and if a Wife be a party, she is examined by them, whether it was done by her freely and without compulsion; and then his Lordship and the Alderman set their hands in testimony thereof; for which 4 d. is paid to each of them, and to the Attorney for the Endorsement 2 s. Then the Deed must be delivered to the Clerk of the inrolments, who will at the next Hustings then following, cause Proclamation to be made, If any person can any thing say why the same Deed should not be Enrolled: And then proceeds to Enrol the same. The Fees for enrolment of a Deed are as followeth. s. d. To Mr. Recorder 6 8 To the Chamberlain 1 8 To the Town-Clerk 0 10 To the Attorney for every Press 6 0 To his Clerk 0 8 A Deed Enrolled in the Hustings is accounted as good as a Fine at Common Law, for that it bars the Wife from claiming her Dower. When a Will is to be proved in the Hustings, the Witnesses thereto must be sworn at some Court of Hustings; and if their Evidence be full, the Clerk of the inrolments will enter it upon Record, which is the best way of proving Wills touching Estates in London. The manner of passing a Recovery in this Court is thus: First, a Writ of right Patent must be obtained from the Cursitor for London, which must be delivered to one of the Attorneys of this Court, who will thereupon prepare the Record, and procure the Recovery to pass: The Charge whereof is as followeth: l. s. d. For drawing the Writ 0 1 0 For the Writ of Right 0 5 6 For allowance thereof 0 2 0 For the Attorneys Fee 0 3 4 For the Warrant of Attorney 0 0 4 For the Precept of Summons 0 2 0 For the return thereof 0 2 8 For the Declaration 0 2 0 For the Tenant's Plea 0 2 0 For entering thereof 0 2 0 For the Vouchees Plea 0 2 0 For entering thereof 0 2 0 For the Common Vouchers Plea 0 2 0 For entering thereof 0 2 0 The Record for the Pleaders 0 2 6 The Common Crier 0 1 0 The Common Vourcher 0 1 0 The Green-cloth 0 1 0 The four Pleaders 0 13 4 For entering the Judgement 0 2 0 The Attorneys Fee thereupon 0 3 4 The Precept for Seizing 0 2 0 return thereof 0 2 8 For drawing and engrossing the Record 0 13 4 For exemplifying it 0 6 8 For the Seal 0 6 8 The Clerk 0 0 8 4 7 0 It is usual to have a Deed sealed to lead the uses of the Recovery, and to cause such Deed to be Enrolled. If the Vouchees cannot attend at Court, they may sign a Warrant of Attorney, and acknowledge it before Mr. Recorder, and that will be allowed as good as their personal attendance; which Warrant must be in these words: I B. & A. ux' ejus quos B. R. vocat ad warrantizand' etc. po. lo. suis W. L. & T. M. conjunctim & divisim versus L. B. in pl'ito terre etc. viz. de quatuor Messuagiis & quatuor gardinis cum pertinen' scituat' jacen' & existen' in Parochia Sci' Botolphi extra Aldgate in Warda de Portsoaken London ad lucrand' & perdend' &c. secundum consuetud' Civitatis London. Primo die Julij Anno etc. J. B. A. B. capi' & cognit' coram me G. J. Recordator'. s. d. For which Warrant the Fee to Mr. Recorder is 6 8 When any person would Replevy Goods in London, he must go to the Clerk of the Papers belonging to one of the Compters, and give in the Particulars, and Security to restore the Goods or the value, in case upon a Trial it shall appear the same did not belong to him. And then the Clerk will give a Warrant to one of the Sheriff's Officers to cause the Goods to be Appraised, and to deliver them to the Plaintiff. After the Appraisment is made, and the Goods delivered the Officer must make return thereof to the Clerk of the Papers, who will immediately thereupon certify the Record thereof into this Court, where the same must be decided: And if Issue shall be joined to try in whom the property of the Goods was when the same were taken, a Jury must be summoned to try the Issue: And in order thereunto, Precepts must be issued to the Beadles of the six adjacent Wards, to return the Names of the six substantial Freeholders and Inhabitants in each Ward, which Precepts must be as followeth. By the Major. To the Beadle of the Ward of _____ THese are to require you, with the advice of your Alderman and Deputy, to return unto me in writing under your Hand the Names and Surnames of six Freeholders, Inhabitants within your Ward, to be of a jury at the next Hustings of Common Pleas in the Guildhall, London, for trial of an Issue joined between R. G. and W. B. in a Plea of Replevin, and hereof not to fail. Dated the day of 1680. When the Names are so returned, a Precept must be sent to the Sheriffs, to require them to Summon the Jury to appear at the next Hustings of Common Pleas, to try the Issue. A Writ of Error may be brought in this Court to reverse any Judgement given in the Sheriffs Court. The Writ must be made by the Cursitor for London, and directed to the Major and Sheriffs of London; and when Sealed, must be delivered to Mr. Town-Clerk to allow the same; and at the same time must enter into Bond with two sufficient Sureties to pay the Debt, or Damages, and Costs recovered, and which shall be assessed in case the Judgement should happen to be affirmed, or in case the Plaintiff in the Writ of Error should not prosecute the Writ of Error with effect: And when Security shall be so given, Mr. Town-Clerk will make a Supersedeas directed to the Sheriffs, to stay further proceed upon the Judgement. And it is usual to move the Court at the next Hustings of Common Pleas, after the allowance of the Writ, that the proceed in the Sheriff's Court may be certified within fourteen days then following, into this Court, where Errors may be assigned and argued; and if Judgement shall be affirmed, the Plaintiff in the Writ of Error, may bring another Writ of Error before the Judges to examine the former Judgement. The Condition of a Bond to be given upon allowance of a Writ of Error in this Court. COndic'o istius Obligac'onis talis est quod cum supra obligat' J. J. deliberavit Rob' to Clayton Mil' Majori Civitatis London & Jonathan' Raymond Mil' & Simon' Lewis Mil' Vicecomitibus ejusdem Civitatis quoddam breve de Error' Corrigend ' in Recordo & Processu● Loquele que fuit in Cur' Dni ' Regis Civitatis praed' coram Johanne Chapman Mil' nuper uno Vicecom' dicte Civitatis sine breve dicti Dni ' Regis secundum consuetud' Civitatis praed' inter predictum T. M. & J. J. de deb'to ducentar' librar' quod idem T. M. à prefat' J.J. exigit ut dicitur necnon in reddic'one Juditij Loquele praed' coram praed' J. C. Mil. si igitur pred' J. J. prosecutus fuerit cum effectu breve pred' Ac etiam solverit & satisfecerit prefat' T. M. debitum damna & custag' sua tam sibi adjudicat' quam imposterum adjudicand' in hac parte Et hoc infra quatuordecim dies prox' post affirmac' onem Juditij praed' si contigerit Quod tunc presence obligac'o pro nullo h'eatur Alioquin in omni suo robore stet & virtute. The form of a Supersedeas is as followeth. Per Majorem, etc. Vicecom' London. QVia in recordo & processu ac etiam in reddic'one Juditij Loquel' que fuit in Cur' Dni ' Regis Civitatis pred' coram J. C. Mil' nuper uno Vicecom' dicte Civitatis sine breve dicti Dni ' Regis secundum consuetud' ejusdem Civitatis inter T. M. & J. J. de quadam transgression' super casum per prefat' J. J. illat' ut dicitur Error intervenit manifestus ad grave dampnum ipsius J. J. sicut ex querela sua accepit dictus Dominus Rex & pro eo quod pred' J. J. imposuit coram nobis sufficien' securitat' ad breve pred' prosequena ' cum effectu necnon ad satisfaciend' prefat' T. M. damna miss' & custag' tam ipsi adjudicat' quam imposterum adjudicand' si contigerit Judicium pred' affirmari Vobis igitur precipimus quod quoad execuc'onem Juditij pred' in aliquo faciend' Supersedeatis omnino (dicta breve de Error' penden' indecissus) Et ulterius vobis mandamus quod record' & process' Loquel' pred' cum omnibus ea tangen' coram nobis ad prox' Hustingum London de Com'ibus Pl'itis apud Guihald' Civit' pred' tenend' h'eatis Ac etiam premon' partibus pred' quod tunc sint ibidem auditur' record' & process' pred' si &c. Et h'eat' ib'i tunc hoc precept' etc. When Judgement shall be affirmed in this Court, upon a motion the Court will order the Bond to be delivered up to the Defendant in the Writ of Error, to put the same in suit for his Costs and Damages sustained, by reason of the delay of Execution, who shall not be compelled to cancel or part with the same till he shall be fully satisfied. If the Plaintiff in the Writ of Error do not certify the Record out of the Sheriff's Court into this Court, according to the time given by the Court, or if he shall not assign Errors, the Court will give Judgement against the Plaintiff, and issue out a Warrant in the nature of a Procedendo to the Sheriffs of London, thereby commanding them to proceed to Execution upon the Judgement obtained in that Court. That the Sheriffs by commandment of the Lord Major are Ministers to execute all Process out of this Court, Note. notwithstanding the Original Writ be directed to the Major and Sheriffs jointly. Writs of Right are made as followeth in these words. CAROLUS Secundus Dei gratia Angl' Scotie Francie & Hibernie Rex Fidei Defensor' etc. Majori & Vicecomibus London salutem. Precipimus vobis quod sine dil'one plenum rectum teneatis R. B. de septem Messuagiis cum pertinentiis in London que clamat tenere de nobis per liberum servitium unius denar' per annum pro omni servitio que J. B. ei deforc' Ne amplius inde clamore audiamus pro defectu recti Teste meipso apud Westmonasterium die Anno Regni nostri Tricesimosecundo. Which Writs have this Process by Custom of the City, viz. the Tenants shall have three Summons at three several Hustings, and three Essoigns. The Summons are after this manner. Per Majorem. Vi● ' London. PRecipimus vobis quod summon' primo per bonos summonitor' J. B. quod sit hic ad prox' Hustingum London de pl'itis terre in Guihald' Civitatis pred' tenend' etc. ad respondendum R. B. in pl'ito terre &c. Et habeatis tunc & ibidem nomina illorum per quos etc. Et hoc preceptum etc. Dat' apud Guihald' Civitatis pred' die Anno etc. After the Sheriff hath returned all the Summons, three Essoigns are allowed, and after that a View if desired. The Essoign is recorded after this manner. Pl'ita terre tent' etc. AD hunc Hustingum J. B. essoin' est primo versus R. B. in pl'ito terre etc. per Johannem Auncient' & Ric'um Custom secundum consuetud' etc. Election of Burgesses and other Officers. IN this Court the Burgesses to serve for the City in Parliament must be Elected by the Livery-men of the respective Companies. Upon every Michaelmas day it is the Custom to choose a Lord Major for the Year following; and the useage is to put all those Gentlemen in nomination that are Aldermen under the Chair, who have held the Office of Sheriff. The Commons must choose two, and return their Names to the Lord Major and Aldermen, who elect which of the two they think most fit to hold the place, and signify their choice to the Commons. And the Person so elected must be presented to the Lord Chancellor, and afterwards must be sworn at Guildhall on St. Simon and Judes day, and the day after at the Exchequer. Upon Midsummer day the Livery-men of the respective Companies do choose Sheriffs: But my Lord Major by his Prerogative may drink to any Citizen, and nominate him to be one of the Sheriffs; and the usage hath been for the Commons to confirm such Person, and to elect another to serve with him. And after the Sheriffs are elected, the Commons choose two Auditors for the Chamber and Bridge-house Accounts, a Chamberlain, two Bridgmasters, and four Ale-Conners. Note. That the Sheriffs are Judges of the Elections, and do declare by Mr. Common Sergeant, who are the Persons elected. After the Sheriffs are so elected, they take an Oath at Guildhall upon Michaelmas-Eve, and the day after Michaelmas day must be presented to the Barons of the Exchequer; and when they are sworn, it is not in the power of the Commons to remove them at their pleasure. The Chamberlain and Bridgemasters, after Election, take the usual Oath before the Lord Major and Court of Aldermen. THE COURT OF Common Council. THis Court is held in the Chamber of Guildhall before the Lord Major, Aldermen, and Common Councel-men of the City of London, at such times as the Lord Major shall appoint and direct it, being in his Lordship's power to call and dismiss this Court at his pleasure. Several Committees are Annually appointed and elected by this Court for the better and more speedy dispatch of the City's Affairs, who make report to this Court of their do and proceed, as occasion requires, viz. 1. A Committee of six Aldermen and twelve Commoners for letting and demising the City's Lands and Tenements, who usually meet every Wednesday in the Afternoon at Guildhall for that purpose. 2. A Committee of four Aldermen and eight Commoners to let and dispose of the Lands and Tenements given by Sir Thomas Gresham, who usually meet at Mercers-Hall at such times as the Lord Major for the time being directs and appoints. It being the Custom to elect the Lord Major one of this Committee. 3. This Court doth also Annually elect Commissioners for the Sewers and Pavements. 4. This Court doth also Annually elect a a Governor, Deputy-Governour and Assistants, for management of the City's Lands in Ulster in Ireland, pursuant to the King's Charter, which is as followeth, viz. WE will also, and by these presents for Us, our Heirs and Successors, do grant, constitute, and ordain, That the aforesaid Society of the Governor and Assistants of London, of the New Plantation in Ulster, within the Realm of Ireland, for ever hereafter shall be yearly elected and appointed by the Major, Aldermen, and Commonalty of the said City of London, at the first Common Council to be holden in the same City of London, next after the Feast of the Purification of the blessed Virgin Mary, at which time the Deputy of the Governor, and twelve of the same persons which have been Assistants for the Year precedent, shall be removed from their Office, and one other Deputy and twelve other Assistants shall be of new named, supplied, and appointed into the places of the same Deputy and Assistants, so as aforesaid to be removed, for the help of the Governor and Assistants not removed, for One year next following; And that at the end of that year than next following, such former Assistants which continued in the same Office in that year then preceding, shall be then likewise removed, and others shall be likewise of new named, supplied, elected, and appointed into their places, and so by an interchangeable course, so that twelve of the same Assistants shall be, and continue in their places, during the term of Two Years. And further, We will, ordain, and constitute for Us, our Heirs and Successors, That at a Common Council in the aforesaid City of London, next after the Feast of the Purification of the blessed Virgin Mary, next after the date of these Presents, the nomination and election of the aforesaid Governor, Deputy, and Assistants be, shall be, and shall be made in form aforesaid, and so from thenceforth yearly from time to time for ever. A Stranger born may be made Free of this City by Order of this Court, and not otherwise. The several Places of Common Sergeant, Town-Clerk, and Common Crier are in the Gift of this Court. The Judges of the Sheriff's Courts have sometimes been elected by this Court, and sometimes by the Court of Aldermen. After the Death of John White, late Clerk of the Court of Requests, commonly called the Court of Conscience, in London, this Court did elect and choose Major Gunstone Clerk in his stead; but Mr. White was elected by the Court of Aldermen: And always before and since Major Gunstone's Election, the Court of Aldermen have elected the respective Clerks of that Court. And it hath been declared by Counsel Learned in the Law, That the right of electing Clerk of the Court of Requests is not in this Court. THE COURT OF aldermans. THis is a Court of Record, and is held in the inner Chamber of Guildhall every Tuesday and Thursday, except holidays, and in the time of Sessions of Goal delivery. All Matters touching Lights, Watercourses, and Party-walls may be determined in this Court. The Assize of Bread is constantly appointed by this Court. All Bonds and Leases that pass under the City Seal must be sealed in this Court. Several places are in the Gift of the Lord Major and this Court, viz. The Recorder. Swordbearer. Four City Counsel. City Remembrancer. Common Hunt. Waterbailiff. City's Solicitor. comptroller of the Chamber. Two Secondaries. Four Attorneys of the Lord Majors Court. Clerk of the Chamber. Hall-Keeper. Three Sergeant Carvers. Three Sergeants of the Chamber. Sergeant of the Channel. Yeomen of the Chamber. Four Yeomen of the Waterside. Yeoman of the Channel. Under Waterbailiff. Meal-weighers. Clerk of the City's Works. Six Youngmen. Two Clerks of the Papers. Eight Attorneys in the Sheriffs Court. Eight Clerk-Sitters. Two Prothonotaries. Clerk of the Bridge-house. Clerk of the Court of Requests. Beadle of the Court of Requests. Thirty six Sergeants at Mace. Thirty six Yeomen. The Gager. The Sealer's and Searchers of Leather. Keeper of the Green-yard. Two Keepers of the Compters. Keeper of Newgate. Keeper of Ludgate. Measurer. Steward of Southwark. Bailiff of Southwark. Bailiff of the Hundred of Ossalston. There are other Places in the Gift of the Major, Aldermen, and Sheriffs; as the City Carpenter and other Artificers: But the Rent-gatherer hath been put in by Mr. Chamberlain. If any Officer shall mis-behave himself in his Office, upon Complaint made thereof to this Court, and Proof of the Fact, such Offender may be, and is usually suspended from the Profits of his Place, during the pleasure of this Court. The Rulers of the Company of Watermen are Annually elected and appointed by this Court, pursuant to an Act of Parliament made in the Second and Third Year of Philip and Mary, which is as followeth: WHereas heretofore for lack of good Government and due Order amongst Wherrymen and Watermens, etc. there have divers and many misfortunes and mischances happened and chanced of late years past, to a great number of the King and Queen's Subjects, as well to the Nobility, as to other the common People, that have passed and repassed, and been carried by Water, by reason of the rude, ignorant, and unskilful number of Watermens, which for the most part be Masterless men and single men of all kinds of Occupations and Faculties, which do work at their own hands, and many Boys being of small Age, and of little Skill, and being Persons out of the Rule and Obedience of any honest Master and Governor, etc. For reformation whereof, be it Enacted by the King and Queen's Majesties, etc. That there shall be yearly appointed, chosen, and elected by the Major and the Court of Aldermen of the City of London for the time being, the number of eight persons of the most wise, discreet, and best sort of Watermens, being Householders, and occupying as Watermens upon the said River, between Gravesend and Windsor; which Election shall be yearly at the first Court of Aldermen to be holden within the said City next after the First day of March; And the same eight Persons so elected shall be named and called, The Overseers and Rulers of all the Wherrymen and Watermens, that from and after the said First day of March, shall use, occupy, or exercise any rowing upon the said River of Thames, betwixt Gravesend and Windsor aforesaid; which said Overseers and Rulers shall keep and maintain good order and obedience amongst the said Watermens, according to the true meaning of this present Act. And also be it further Enacted, That the Lord Major of London, and the Aldermen of the same City, and the justices of Peace within the Shires next adjoining to the said River of Thames, every of them within their several jurisdiction and Authorities, shall have full Power and Authority by virtue of this present Act, upon Complaint made to them, or any of them, by the said Overseers and Rulers, or two of them, or the Master or Masters of any such Servants, not only to examine, hear, and determine all Complaints or Offences to be done or committed by any such person or persons that shall offend contrary to the true meaning of this present Act, and to set at large all and every such person and persons as shall fortune to be imprisoned by the said Overseers and Rulers, according to this Act, if just cause shall appear unto them so to do, but also by their good discretions and wisdom to punish, correct, and reform the said Overseers and Rulers, and every of them that shall unjustly, or without good cause or ground punish any person or persons by colour of this present Act, or any thing therein contained. And be it further Enacted by the Authority aforesaid, That if any person or persons, which at any time hereafter shall be elected or chosen to be a Ruler or Overseer, as before is expressed, do happen negligently to use and exercise his or their room or place, or that will obstinately refuse to take upon him or them the room or rooms, place or places of any the said Overseers or Rulers, that then all and every such Offender or Offenders shall lose and forfeit the sum of Five pounds of lawful Money of England, the one half whereof shall be to out said Sovereign Lord, etc. and the other half to him or them that will sue for the same, etc. And be it further Enacted by the Authority aforesaid, That the said Major and Court of Aldermen of the said City of London for the time being, shall from time to time, at their discretions, limit, set, and assess the price and prices, and sums of Money that every person or persons so authorized to row, as is aforesaid, betwixt Gravesend and Windsor aforesaid, shall take for his or their labour or far from place to place, particularly betwixt Gravesend and Windsor aforesaid, and the same prices and assessments to be set, shall bring, or cause to be brought to the Privy Council of our Sovereign Lord, etc. to be viewed and seen by some of the said Privy Council; and after that the said assessments and prices shall be signed and subscribed with the hands of two of the said Privy Council at the least, and the said Major and Court of Aldermen for the time being, shall cause the said prices and assessments to be written and set up in Tables in the Guild-hall in the City of London, Westminster-hall, and elsewhere, where the said Major and Court of Aldermen shall think convenient; And every person or persons that shall take for his or their fare or labour above the prices that shall be assessed, viewed, written, and set up in form aforesaid, shall forfeit for every such Offence Forty shillings, and also shall suffer imprisonment for One half year; The one Moiety of the said Forfeiture to be to the King, etc. and the other Moiety thereof to him or them that will sue for the same in any of the King's Courts of Record, by Action of Debt, or by any other the ways or means above specified, wherein no Wager of Law, Essoin, Protection, or Injunction shall be admitted or allowed for the Defendant or Defendants. The Rates signed and agreed upon by the Privy Council, and the Lord Major and Court of Aldermen, to be taken by Watermen. From London to Limehouse. Oars. Scholar. 1 s. 6 d. From London to Newcrane. Oars. Scholar. 1 s. 6 d. From London to Shadwell Dock. Oars. Scholar. 1 s. 6 d. From London to Bell-Wharf. Oars. Scholar. 1 s. 6 d. From London to Ratcliff-Cross. Oars. Scholar. 1 s. 6 d. From London to Wapping Dock. Oars. Scholar. 6 d. 3 d. From London to Wapping New-stairs. Oars. Scholar. 6 d. 3 d. From London to Wapping Old-stairs. Oars. Scholar. 6 d. 3 d. From London to The Hermitage Rotherhith Church-stairs. Oars. Scholar. 6 d. 3 d. From London to Rotherhith-stairs. Oars. Scholar. 6 d. 3 d. From St. Olaves to Rotherhith Church-stairs. and Oars. Scholar. 6 d. 3 d. From St. Olaves to Rotherhith-stairs. Oars. Scholar. 6 d. 3 d. From Billingsgate to St. Saviour's Mill, Oars 6 d. Scholar 3 d. From St. Olaves to St. Saviour's Mill, Oars 6 d. Scholar 3 d. All the Stairs between London Bridge and Westminster, Oars 6 d. Scholar 3 d. From either side above London Bridge to Lambeth, Oars. Scholar 1 s. 6 d. From either side above London Bridge to Foxhall. Oars. Scholar 1 s. 6 d. From Whitehall to Lambeth, Oars. Scholar. 6 d. 3 d. From Whitehall to Foxhall. Oars. Scholar. 6 d. 3 d. From Temple to Lambeth Oars Skull. 8 d. 4 d. From Dorset-stairs to Lambeth Oars Skull. 8 d. 4 d. From Black-Frier-stairs to Lambeth Oars Skull. 8 d. 4 d. From Pauls-wharf to Lambeth Oars Skull. 8 d. 4 d. Over the Water directly in the next Scholar, between London Bridge and Limehouse, or London Bridge and Foxhall 2 d. From London to Gravesend, whole Far 4 s. 6 d. with Company 9 d. From London to Graise or Greenhive, whole Far 4 s. with Company 8 d. From London to Purfleet or Eriff, whole Far 3 s. with Company 6 d. From London to Woolwich, whole Far 2 s. 6 d. with Company 4 d. From London to Blackwall, whole Far 2 s. with Company 4 d. From London to Greenwich, whole Far 1 s. 6 d. with Company 3 d. From London to Deptford, whole Far 1 s. 6 d. with Company 3 d. From London to Chelsey Buttersey Wansworth whole Far 1 s. 6 d. with Company 3 d. From London to Putney Fullham Barn Elms whole Far 2 s. with Company 4 d. From London to Hamersmith Chiswick Mortclack whole Far 2 s. 6 d. with Company 6 d. From London to Brentford Isleworth Richmond whole Far 3 s. 6 d. with Company 6 d. From London to Twickenham, whole Far 4 s. with Company 6 d. From London to Kingston, whole Far 5 s. with Company 9 d. From London to Hampton Court, whole Far 6 s. with Company 1 s. From London to Hampton Town Sunbury Walton whole Far 7 s. with Comp. 1 s. From London to Walton Weybridge Chertsey whole Far 10 s. with Company 1 s. From London to Stanes, whole Far 12 s. with Company 1 s. From London to Windsor, whole Far 14 s. with Company 2 s. Rates for carrying Goods in the Tilt-Boat between London and Gravesend. For a half Firkin 1 d. For a whole Firkin 2 d. For a Hogshead 2 s. For a hundred weight of Cheese, Iron, or any heavy Goods 4 d. For a Sack of Salt or Corn 6 d. For an ordinary Chest or Trunk 6 d. For an ordinary Hamper 6 d. For every single Person in the ordinary Passage 6 d. For the hire of the whole Tilt-Boat 1 l. 2 s. 6 d. The Lord Major for the time being may cause any person inhabiting within London, or the Liberties, to be summoned to appear before his Lordship upon the Complaint of any Citizen; and for non-appearance, may grant his Warrant to bring such person before him, and hath power to hear and determine differences between party and party. If any Apprentice or other Person shall be carried on Shipboard, or there detained against his will, my Lord Major may send his Warrant by his Waterbailiff, and compel the Captain or Commander of the Vessel to release such Person. The Citizens of London are Toll-free throughout England; and the Lord Major usually, at the Request of any Citizen that trades in remote parts, grants his Warrant or Certificate to such Citizen, in these words. TO all Christian People to whom this present Writing shall come, or the same shall see, hear, or read, J. S. Knight, Lord Major of the City of London, sendeth Greeting in our Lord God everlasting; Know ye, that amongst other notable and ancient Liberties, Privileges, and free Customs by the Charters of the Noble Progenitors of our most dread Sovereign Lord the King that now is, to the Citizens of the said City of London granted; And also by the Authority of divers Parliaments ratified and approved, These Articles and Privileges under-written in the same Charters be contained; that is to say, That all the Citizens of the said City of London, and all their Goods and Merchandizes, shall be quit and free, in, by, and through all the Power and Dominions of the King our said Sovereign Lord; And that the said Citizens shall and man may freely, without impediment of the King's Highness, or of any of his Subjects, carry, convey, utter, sell, and put to sale, their Goods and Merchandizes, as well on this side the Sea as beyond, and by the Ports of the Sea, as well on this side the Sea as beyond; And that the same Citizens, and all their Goods and Merchandizes, shall be quit and free of all manner of toll, passage, lastage, pickage, pontage, murage, prisage of Wine, and of all other Customs; And that the same Citizens, at their wills and wheresoever they will, shall and may stay, abide, and remain within any part of the King's Dominions, to utter, buy and sell any manner of Goods, Wares, or Merchandizes frank and free, without any , impediment, or restraint of the King's Highness, or of any of his Majesty's Subjects, as they always heretofore accordingly have used and accustomed; And if any person or persons within any place of any part of the Dominions of the King's Highness on this side the Sea or beyond, do molest, grieve, let, or trouble any of the said Citizens, their Attorneys, Factors, Assigns, or Servants in, about, or concerning any the Premises, or take any toll, passage, pickage, lastage, pontage, murage, prisage of Wines, or any like Custom of the said Citizens, their Attorneys, Factors, Assigns, or Servants, contrary to the said Privileges, Franchises, Liberties, and free Customs, for and in right of the said Citizens, after that they, or any of them shall so lack, and default of right in that behalf, the Sheriffs of the said City of London shall take within the said City of London, therefore Distress or Distresses of other person or persons, and parties resorting to the said City of London, of the Town, Burrough, Place or City where the said Citizens of London were so grieved, molested, troubled, or vexed, or toll, prisage, lastage, pirage, pontage, paunage, murage, prisage of Wines, or any other Customs, shall be free, had or taken contrary to the said Liberties, Franchises, Privileges and free Customs aforesaid; Therefore in our Friendliest manner we pray, require, and exhort you, and every of you, in eschewing of further troubles and variances, that you, nor any of you, molest or trouble, or cause to be molested or troubled, by any means, or in any wise, our wellbeloved Citizen R. G. Citizen and Draper of London, for his Goods, Wares, and Merchandizes, contrary or against the tenor or effect of the said Freedoms, Franchises, Liberties, Customs, and Privileges aforesaid; and if ye have troubled or molested, or suffered, or caused to be troubled or molested, or shall at any time or times hereafter trouble or molest our said Citizen, his Servants, Factors, Attorneys, or Assigns, or any of them; Or if you take, or have taken of the same our Citizen, or any of his Attorneys, Factors, or Servants, any thing contrary to the tenor and effect of the Freedoms, Liberties, Franchises, Customs, and Privileges aforesaid, we pray and require you, and every of you, to discharge, or cause to be discharged, our said Citizen, his Factors, Servants, and Goods, and that restitution or amends be made to him, them, or one of them, as of right it ought to be, so that for default of justice we be not constrained or compelled to execute, or cause to be executed, the penalties and pains in the said Charters and Grants contained. In witness, etc. The Lord Major of London may grant his Warrant to Distrein the Goods of Foreigners, who shall refuse to pay the Duties of Balliage for Wares and Merchandizes brought to the City of London by Water westward. The Form of which Warrant is in these words. Lond' ss. TO all Christian People to whom these presents shall come, or the same shall see, hear, or read, Sir T. D. Knight, Lord Major of the City of London, sendeth Greeting; Whereas the Duties for Tolls and Balliage, due and payable for Goods and Merchandizes, brought to this City and Liberties thereof, and carried and conveyed from the same, as well by Water as by Land, by Strangers and Foreigners, from the Liberties of the same City, and other persons not lawfully discharged from payment thereof, time out of mind have appertained, and still do appertain to the Major, Commonalty, and Citizens of the said City, and time out of mind have been accustomed to be demanded, gathered, and levied by certain Officers and Ministers thereunto appointed and authorized, who have answered, and still do answer several Rents for the same towards the Fee-farm of three hundred pounds yearly paid into the Court of Exchequer, which Duties of Toll and Balliage, are by the Franchises of the said City confirmed by Parliament to the said Major, Commonalty, and Citizens of London, which time out of mind they have enjoyed and ought to enjoy. And whereas I am informed that the said Duties are many times wrongfully detained, to the prejudice of the Franchises and Liberties of this City, These are therefore to require all Barge-Masters, Hoy-Masters, Liter-men, and all Masters of Vessels whatsoever, that bring or carry Goods to or from this City from London-Bridge westward, at all time and times whatsoever, to give a particular account of the said Goods in their Vessels, and the several persons they belong unto to T. C. who is deputed and appointed under the Common Seal of the said Major, Commonalty, and Citizens, to collect, levy, and receive the said Duties for all Goods, Wares, and Merchandizes whatsoever coming in, or passing forth by water from London-Bridge westward, to or from the said City or Liberties thereof; And these are further to authorise the said T. C. to raise, levy, and receive the said Duties, And upon denial of payment thereof, or any part thereof, to Distrein on the Goods and Chattels of the person or persons so offending or denying, as well by Water as by Land, within the Liberties of the said City, and for refusal to make sale thereof immediately, and return the overplus according to Law; And for want of such Distress from time to time, and at all times, as often as occasion shall require, to bring before me, or some other of His Majesty's justices of the Peace within this City and Liberties, the person or persons so offending, refusing or neglecting payment, resisting or breaking the Peace; And these are in his Majesty's Name strictly to charge and command all Constables, Wharfingers, and Metres of Sea-coals, Corn, and Salt, and all other Officers and Ministers whatsoever within this City and Liberties, that they from time to time, as often as occasion requireth, be aiding and assisting to the said T. C. And that they from time to time do their best endeavours to see the said Duty paid, and his Majesty's Peace kept in the due execution of the Premises; And that they, or some of them, bring before me or some other of his Majesty's justices of the Peace within this City and Liberties, all and every such person and persons as shall break, or at least disturb the Peace, or use any violence or opposition in the lawful and due execution of the Premises, or that shall refuse to pay the Duties aforesaid, or any part thereof; And hereof I require the said Constables, and all other Officers and Ministers, or any other person or persons, being thereunto required not to fail, as they and every of them will answer the contrary at their perils, etc. His Lordship may also grant a Warrant against Hawkers with Flesh-meat: The Form whereof is as followeth. London ss. WHereas I am informed that divers Butchers, and other persons, having often times heretofore in Lanes, Alleys, Inns, Warehouses, Streets, Stalls, Passages, and other places within this City and Liberties thereof, offered, and there put to sale, by way of Hawking in secret manner, Beef, Deal, Pork, Mutton, Lamb, and other Flesh, refusing to bring the same to be sold in any Butcher's Shop or Markets of this City; which Flesh so offered to be sold, hath oftentimes been corrupt, rotten, and unwholesome: And such practices are contrary to ancient Customs of this City, and in particular contrary to the late Act of Common Council made in the Majoralty of Sir George Waterman Kt. late Lord Major of this City, whereby it is provided that the Flesh so offered to be put to sale shall be forfeited and disposed of to such Prisons of this City as the Lord Major for the time being shall direct and appoint: Now it being found by Experience that such secret Offenders shun and escape all search and due punishment, and the Markets of this City are thereby neglected and decayed; And such secret sales of Flesh are also found to be a means of encouraging many thievish, idle, and ill-disposed persons, to steal Cattle in the Country and parts adjacent to this City, to the great deceit and damage of his Majesty's Subjects, and scandal of the Government of this City; For the prevention whereof for the future, These are in his Majesty's Name straight to charge and command you forthwith, on sight hereof, to be from time to time Aiding and Assisting unto the Bearer or Bearers hereof, and every of them, who shall from time to time give you notice of such Offenders; And you are hereby required to apprehend and bring before me, or some other of his Majesty's justices of the Peace, the body or bodies of all such Offenders as shall hereafter be found to sell, or offer to be put to sale in such manner, any Beef, Pork, Mutton, Lamb, or Deal, by way of Hawking, in any Inn, Lane, Warehouse, or other obscure place or open Street within this City or Liberties thereof, to be examined and dealt withal as to Law and justice shall appertain; And also that you seize such Flesh so offered to be put to sale by way of Hawking in such manner, and bring it before me, or some other of his Majesty's justices of the Peace, to the end that it may be disposed of as by the said Act is limited and appointed; And hereof fail not. Given under my Hand and Seal, etc. To all and every the Constables within the City of London and Liberties thereof. This Warrant is usually granted pursuant to an Act of Common Council, Entitled, An Act for the settlement and well-ordering of several public Markets within the City of London. Which Act is in these words: FOr the better Order and Regulation to be had of the Market at Leaden-hall, and the Greenyards there, with the other Market Grounds thereunto belonging; and of the Market at Wool-church, and the Market of Honey-lane, or Milk-street, as also the Market near Newgate, and all other Common Markets already settled and appointed, or which hereafter shall be settled and appointed within the City of London: Be it Enacted by the Right Honourable the Lord Major, and the Aldermen his Brethren, and the Commons in this Common Council Assembled, and by the Authority of the same, That the Rules, Orders, and Directions hereafter prescribed, he duly observed by all persons that are or may be concerned therein. And first, whereas by former Acts of Common Council, the sale of Beef hath been restrained and appointed to be only in Leaden-hall, and the Greenyards there; which if now observed, would be very inconvenient to the Inhabitants of this City, in regard the late Butchery of the Stocks, and St. Nicholas Shambles (which heretofore furnished with Beef and other Flesh Victuals, those parts of the City) are now removed and otherwise disposed of: Be it Enacted by the Authority aforesaid, That all and every Butcher and Butchers, Poulterer and Poulterers (other than such as are hereafter excepted) Country Farmer, Victualler, Lader, or Kidder, who keepeth Butchers, or Poulterer's Shop, or Shops within the City of London, or Liberties thereof, or within two Miles distance of the Liberties of the same City, may from and after the publication of this Act, take to Farm, or hire Stand, Stalls, or Places, in any the aforesaid respective Markets; and there sell, utter, and put to open show, or sale, his or their Beef, Mutton, Veal, Lamb, Pork, and other Butchery or Poultry Wares, or other Provisions, upon the four days of the week, in manner as is hereafter expressed (viz.) upon Mondays, Wednesdays, and Fridays weekly, between the Feast of the Annunciation, and the Feast of St. Michael, from six of the Clock in the Forenoon, until eight of the Clock in the Evening of the same day; and between the Feast of St. Michael, and the Annunciation, from eight of the Clock before Noon, until five of the Clock in the Evening of the same day; and upon every Saturday in the Week all the Year long, from the aforesaid respective hours of six and eight of the Clock before Noon, until eight of the Clock in the Evening of the same day, for so long time only as he or they shall furnish the said Stalls, Stand, and Places with wholesome Flesh and other Provisions in his or their own right, and not as Servant or Servants, or otherwise, in behalf of any others; any thing in any former Act of Common Council contained to the contrary thereof in any wise notwithstanding. Provided always, That no Butcher, or Poulterer whatsoever, who keepeth no Shop or Shops within the City of London, or Liberties thereof, or within two Miles distance of the same City, shall in the said respective Markets, sell, utter, or put to open show or sale, his or their Butchery or Poultry Wares upon Mondays and Fridays weekly, upon pain that every such Butcher or Poulterer shall for every time he or they shall sell, utter, or put to open show or sale in the said Markets his or their Butchery, or Poultry Wares, upon Monday or Friday in any week, forfeit the sum of ten shillings. And to the end the respective hours aforesaid may the better be observed in the said Markets, It is further Enacted by the Authority aforesaid, that a Market Bell in all the several Markets within the City of London, shall Ring twice every day, (that is to say) the first Ringing from the twenty fifth of March, yearly, until the twenty ninth day of September, at seven of the Clock before Noon, except upon Monday, and then the first Ringing shall not begin till eight of the Clock in the Forenoon: And from the twenty ninth day of September yearly, until the twenty fifth day of March, at eight of the Clock before Noon, and not before, except upon Monday, and then the first Ringing shall not begin till nine of the Clock before Noon; and that the second Ringing of the Market Bell for raising of the said Markets shall begin to Ring from and after the twenty fifth of March, yearly, until the twenty ninth day of September (except on Saturdays) half an hour after four in the Afternoon, and to continue Ringing till five of the Clock, and from and after the twenty ninth day of September, until the twenty fifth day of March yearly, (except on Saturdays) to begin to Ring half an hour after three of the Clock, and to continue Ringing until four of the Clock in the Afternoon: And that the second Ringing of the Market Bell upon Saturday weekly throughout the year, shall begin half an hour after seven of the Clock, and to continue Ringing until eight of the Clock in the Evening of the same day. And if any Butcher, or Butchers, Poulterer, or Poulterers, Victualler, or Country Farmer, Lader, Kidder, or other person whatsoever, shall sell, or put to open sale any manner of Butchery, or Poultry Wares, or other Provisions in the said Markets, before Ringing of the Market Bell at the said several hours and times in the Mornings respectively; such Offender, or Offenders shall be proceeded against, as forestallers of the Market, as by the Law in this case is directed and appointed. And that no Butcher, Poulterer, Victualler, Country Farmer, Lader, Kidder, or other person whatsoever, shall sell or put to open sale, any Butchery, or Poultry Wares, or other Provisions, after the end of Ringing the Market Bell at the said several hours in the Afternoon respectively, but shall then departed from the said Markets, upon pain that every person selling Butchery, or Poultry Wares, or other Provisions after the said respective hours in the aforesaid Markets, shall forfeit the Sum of ten Shillings for every such Offence. And if any Butcher, Poulterer, Country Farmer, Lader, Kidder, or other person whatsoever, shall sell, utter, or put to open sale in the said Markets, any manner of Flesh-meat upon any other day or days than is before hereby limited and expressed, such Butcher, Poulterer, Country Farmer, Lader, Kidder, or other person shall for every such Offence forfeit the sum of twenty Shillings. Provided always, That no Butcher, Poulterer, Country Farmer, Lader, Kidder, or other person whatsoever, shall upon the Saturday in any week bring into any of the said Markets, any manner of Flesh-meat, after six of the Clock in the Afternoon, between the twenty fifth of March, and the twenty ninth of September, yearly; nor after four of the Clock in the Afternoon, between the twenty ninth of September, and the twenty fifth of March, upon pain of forfeiting the sum of ten Shillings for every time any such person shall bring into any of the said Markets any manner of Flesh-meats, after the said respective hours. And further be it Enacted by the Authority aforesaid, That no Stall, Standing, or Place within any of the said Markets, shall from and after the publication of this Act, be let or allotted to any Butcher or Poulterer, who doth or shall keep any Butchers or Poulterer's Shop within the City of London, or Liberties thereof, or within two mile's distance of the Liberties of the said City, for so long time as he or they shall keep any Butchers, or Poulterer's Shop within the limits aforesaid. And further, That no Butcher, Poulterer, or other person whatsoever, shall have and enjoy more than two Stalls, Stand, or Places within any one of the Markets aforementioned, at one time. Provided always, That the Country people and others resorting to the said Markets, being not Butchers, not Poulterers, nor selling any manner of Flesh-meat, or Poultry, may stand, or sit and vend their Herbs, Fruit, Eggs, Butter, and other such like Provisions, and Commodities in the Markets, upon every working day in the week, between the Feast of the Annunciation, and the Feast of St. Michael the Archangel, from seven of the Clock in the Morning, until five of the Clock in the Evening of the same day: And upon every working day between the Feast of St. Michael and the Annunciation, from six of the Clock in the Morning, until four of the Clock in the Evening of the same day, so as the same persons that bring them first to Market do continue the selling thereof, and do observe the Ringing of the Market Bell for keeping the said hours accordingly. And it is also further Enacted, (in regard that the Market is most principally intended for the benefit of Housekeepers, who buy for their own use and behoof) That the Retailers and Traders of this City, who buy to sell again, shall not enter into any of the aforesaid Markets, to make their Provisions, and buy of any of the Market people there, to carry the same to their several Houses and Shops, until the Afternoon of every day, to the end that Housekeepers may provide themselves in the morning of every day at the first hand, and pay moderate Rates for their Provisions; upon pain that every such Retailer, or Retailers, or Traders, shall for every time Offending herein, forfeit forty Shillings. And forasmuch as all dead Flesh-meat and other Victuals, and provisions of all sorts of Fruits, Herbs, Fish, and the like, aught to be sold in open and common Markets, allowed and appointed, and not under private Stalls, or at Tavern doors, or in any Street or Common passages, or in any private places, or carried up and down, and sold by way of Hawking; by means whereof, much unwholesome Provisions, dangerous to the Health and Bodies of his Majesty's Subjects, may be uttered and sold: Be it Enacted by the Authority aforesaid, That no Butcher, Poulterer, Country Farmer, Lader, Kidder, Victualler, Gardener, Fruiterer, Fish-seller, or other person or persons whatsoever, shall from and after the publication of this Act, sell, utter, or put to show or sale, by way of Hawking, or as a Hawker, or in any otherwise, any Beef, Mutton, Lamb, Veal, Pork, Poultry, Butter, Cheese, Fish, Fruit, Herbs, or other Victuals, or provision whatsoever, in any private House, Lane, Alley, Inn, Warehouse, Street-stall, or Common passage, or other place or places whatsoever, within the City of London, or Liberties thereof, but only in his or their open Shop, or Shops, or in the public Market place, or places, and in Market time only, according as is before appointed, upon pain that every such person so carrying, or offering to put to sale, by way of Hawking, or in any otherwise, any Flesh-meat, Poultry, or other Victuals whatsoever, as aforesaid, in any private House, Lane, Alley, Inn, Warehouse, Street-stall, or Common passage, or other places whatsoever, being not his, or their open Shop, or Shops, or the common Market place, shall forfeit the same Goods so offered to sale, without any manner of favour, according to the ancient Custom of the City of London, used and approved; and the same so forfeited, shall be disposed of to such prisons within this City of London, as the Lord Major for the time being shall direct and appoint. And to the intent that Forestall, Regrating, and Engrossing of Victuals, and other Commodities, may be the better prevented, and the Laws made against the same more effectually observed, It is Declared and Enacted by the Authority aforesaid, That no person, or persons, from and after the publication of this Act, shall buy, or cause to be bought, any Victuals, or other things whatsoever, within the said City of London, or Liberties thereof, coming to any the Common Markets of this City, or make any Bargain, Contract, or Promise, for the having and buying of the same, or any part thereof, so coming as aforesaid, before the same shall be brought into one of the said Markets, ready to be there sold: And also, That no person, or persons that shall by any means Regrate, Obtain, or Get into his or their Hands, or Possession, in any the said Markets, any Victuals or other things whatsoever, that shall be thither brought to be sold, shall from henceforth sell the same again in their Shop, or Shops, or any of the Markets, or other places within this City and Liberties thereof, or shall engross or get into his or their Hands, by buying, contracting, or otherwise, any of the things aforesaid, in the said Markets, with intent to sell the same again, in the same, or any other Markets, or places within this City, and Liberties thereof, upon pain that every such Fore-staller, Regrater, and Engrosser, shall for every such Offence, forfeit forty Shillings. And whereas, for Accommodation of Market people, with Stalls, Board's, Shelter, and all other like things necessary for their standing in any of the Market places within this City of London, and cleansing and keeping clean the same; and otherwise for defraying the incident Charges of Repairing and maintaining the same Market, and to Gratify and Reward the Care and Attendance of such persons as shall be employed therein, there hath always been given and paid certain reasonable Rates for the said Accommodations and Charges: And to the intent that the said Rates may be ascertained and made public to all Market people, whereby the persons that shall from henceforth, by Order of the Committee for Letting of the City Lands, with Approbation of this Court, be employed therein, as Collectors or Receivers of the same Rates, may be prevented from Demanding, or Extorting more than is allowed, as is herein after expressed: Be it Enacted by the Authority aforesaid, That all and every person and persons, resorting to any of the said Markets, to sell and vend their Commodities, shall from henceforth pay unto such person or persons, as from time to time shall be thereunto appointed, as aforesaid, to take and receive the Profits of all, or any of the said Markets, to the use of the Major, Commonalty, and Citizens of the City of London, of, and from all Market people thereunto resorting, for their Stalls, Stand, and other Accommodations, in the several Market places aforesaid, after the Rates following (that is to say) for every Stall or Standing of the length of eight Foot, and breadth of four Foot, used or employed for sale of Flesh-meat, or Fish, for every day eight pence, or two shillings six pence per week; and for every such Stall or Standing, used or employed for sale of any other Commodities, for every day four pence, or eighteen pence per week; and for every Stall or Standing of the length of six Foot, and breadth of four Foot, used or employed for the sale of Flesh-meat, or Fish, six pence for every day, or two shillings per week; and for every such Stall or Standing used for other Provisions or Commodities, for every day three pence, or sixteen pence per week; and for every Standing for Tanned Leather, six pence per day; and for every raw Hide, an half penny; and for every Horse Load of any Provisions or Commodities not upon Stalls, three pence; and for every Cartload of such Commodities, six pence. Provided that all Gardeners and Country people, and others resorting to the said Markets, early in the morning, to sell Herbs, Fruit, and other like Commodities, and there continue for no long space, quitting the Markets at eight or nine of the Clock in the morning, shall pay for the Larger Places or Stand, only three pence, for every time they resort thither; and for the Lesser Places or Stand, only two pence. And that the said Collectors or Receivers shall not Demand or Require of the Market people more than according to the aforesaid Rates, without the free Consent and Agreement of the said Market people, for some extraordinary Conveniency or Accommodation, unless in Leaden-hall Market, where other and larger Rates have been anciently paid for Stalls or Stand therein, and that no person or persons Inhabiting in or near to any the said Market places, or other person or persons whatsoever, upon pretence of any right whatsoever, other than the Receivers or Collectors of the said Rates and Duties, shall from henceforth provide any Stalls or other Accommodations in any of the aforesaid Market places; or directly, or indirectly take, require, or exact any sum, or sums of money, or other reward of the Market people, for any Stalls, Stand, or Accommodation of their place and station in the said Markets; upon pain that every person offending herein shall forfeit and lose, for every time so doing and offending, twenty Shillings. And for the better Order and Quiet of the Market people, and the reconciling all Differences that may arise therein, betwixt them and the Collectors, or Receivers in the foresaid Markets; as also that the Rates and Duties may be the better collected, and certainly paid into the Chamber of London, without fraud, and the said Markets more effectually supervised; for prevention of Abuses and Disorders that may arise therein, Be it enacted, That the Committee for Letting the City Lands for the time being, shall and are hereby Authorized from time to time, by and with the Approbation of this Court, to appoint fitting persons for Overseers of the said respective Markets, and Collectors, or Receivers of the Profits, or Duties arising, or growing out of the same; and to Treat and Agree with the said persons, and allow them for their care and pains, such part or portion of the said profits, as in their discretions shall be found requisite: Provided the said Allowance exceed not the tenth part of the whole clear profits (all necessary Charges being deducted) upon condition that the said Overseers and Collectors, or Receivers, that shall from time to time be thereunto appointed, by order as aforesaid, do give sufficient Security to the satisfaction of the said Committee, for their diligence and faithful performance in their Office, and overseeing the Orders and Provisions aforesaid, observed, and giving a just and true account of their Receipts and Payments of the moneys every week into the Chamber; and that the said Committee do once in every week meet together at the Guildhall, and then and there audite the Accounts and Payments of the said Overseers and Collectors, or Receivers, for prevention of any abuses that by neglect thereof might arise or happen; and also endeavour, upon any Complaints and Grievances of the Market people, against the said Overseers, and Collectors, or Receivers, or otherwise, to compose and redress the same as soon as possibly they can; that so all disturbances to the Market people, and unnecessary Suits at Law may be avoided: And that the said Overseers and Receivers, or Collectors shall frequently attend, and be in the said Markets, during Market time, and diligently oversee the same; to prevent with their best care, any abuses or disorders that may happen, or be committed therein; and also to take care that the provisions and penalties appointed by this Act against all Offenders, contrary to the same, be duly and constantly put in Execution: And if any of the said Overseers, and Collectors, or Receivers shall be remiss, or corrupt herein, than they shall be forthwith displaced, and disabled of any Office, or place touching the said Markets. And be it further Enacted, That in case the aforesaid Committee for Letting the City Lands, shall at any time hereafter find it most fitting, and advantageous for the benefit of the Chamber, to let the said Markets, or any of them to Farm; that then the Committee aforesaid, for the time being, shall and may treat with any person, or persons, for Letting the same to Farm, upon the best terms they can, and report their proceed unto this Court for their Approbation therein. All which pains, forfeitures, and penalties, sum and sums of money to be forfeited, by virtue of this Act, shall be recovered by Action of Debt, Bill, or Plaint to be commenced and prosecuted in the Name of the Chamberlain of the City of London, for the time being, in the Court holden before the Major, & Aldermen in the Chamber of the Guildhall of the City of London; and that the Chamberlain of the said City for the time being in all Suits to be prosecuted by virtue of this Act, against any Offender, or Offenders, contrary to the same, shall recover the ordinary Costs of Suit to be expended in and about the prosecution thereof; and if the Suit pass for the Defendant, than the said Defendant to recover his Costs; and that the Chamberlain for the time being shall not have power to take less of any Offender then herein is limited to be forfeited for every Offence. And further, That one moiety of all Forfeitures to be recovered by virtue hereof (the Costs of the Suit for Recovery of the same being deducted) shall after Recovery, and the Receipt thereof, at or before the twenty fifth day of March yearly, be paid and delivered unto the Treasurer of Christ's Hospital, to be employed towards the Relief of the poor Children, to be brought up and maintained in that Hospital; and the other moiety to him or them which shall first give Information of the Offences, for which the Forfeitures shall grow; and prosecute Suit in the Name of the Chamberlain of the said City, for recovery of the same, any thing in this Act to the contrary notwithstanding. And whereas the Sergeant, and Yeoman of the Channel, and Yeoman of Newgate Market, and Foreign-taker, while the common Markets were kept in Leadenhallstreet, Cheapside, and Newgate-street, did take care for sweeping and making clean the said Streets where the Market people resorted, and paid for carrying away the Soil thereof; as also for furnishing the Market people with Board's, and other Accommodations. In consideration whereof, they received some certain Allowance by consent of the Market people for their care and pains therein. Now forasmuch as the said Markets are removed out of the Streets, and made Commodious, at the public Charge of the City, and that the Revenue thereof aught to be improved for the benefit of the Chamber: Be it Enacted, That the several Officers aforementioned, shall from henceforth be wholly discharged from the Charge of Cleansing and Carrying away the Soil of the said Markets, and providing Board's and other Accommodations for the Market people, and likewise from any ways intermeddling with the Receipt of any Duties, Fees, or Profits, or taking any Money of any persons resorting to, or standing in any of the Common Markets aforesaid, upon any pretence whatsoever; but that instead thereof the Sergeant and Yeoman of the Channel, for the time being, shall, during their Continuance in the said places, each of them, have and receive out of the Chamber of London, the sum of three pounds weekly; and Richard Robinson the present Foreign-taker, and Yeoman of Newgate-Market, the sum of three pounds every week, during the term of his natural Life: All which sums respectively, and none other, shall be paid by the Chamberlain out of the Profits arising by the Markets, to the persons aforesaid, in full satisfaction of all their Right, Title, Claim, and Demand whatsoever, to any part or share of the Profits to be collected of the Market people. Wagstaffe. BY an Act of Parliament made in the 22th and 23th Year of King Charles the Second, it is ordained and enacted, That the Annual certain Tithes of all and every Parish and Parishes within the City of London, and Liberties thereof, whose Churches have been demolished by the dreadful Fire; And which said Parishes, by virtue of an Act, 22 Car. 2. cap. 11. Entitled, An Additional Act for Rebuilding of the City of London, Uniting of Parishes, etc. remain and continue single, as heretofore they were, or are by the said Act annexed or united into one Parish respectively, shall be as followeth. The Parish of Alhallows Lombardstreet; One hundred and ten pounds. St. Bartholomew Exchange; One hundred pounds. St. Bridget, alias Brides; One hundred and twenty pounds. St. Bennet Finck; One hundred pounds. St. Michael Crooked-lane; One hundred pounds. St. Christopher; One hundred and twenty pounds. St. Dionys Backchurch; One hundred and twenty pounds. St. Dunstan in the East; Two hundred pounds. St. James Garlickhith; One hundred pounds. St. Michael Cornhill; One hundred and forty pounds. St. Michael Bassishaw; One hundred thirty and two pounds eleven shillings. St. Margaret Lothbury; One hundred pounds. St. Marry Aldermanburic; One hundred and fifty pounds. St. Martin Ludgate; One hundred and sixty pounds. St. Peter Cornhill; One hundred and ten pounds. St. Stephen Coleman-street; One hundred and ten pounds. Sts. Sepulchre; Two hundred pounds. St. Alhallows Breadstreet, and St. John Evangelist; One hundred and fifty pounds. Alhallows the Great, and Alhallows the Less; Two hundred pounds. St. Alban Woodstreet, and St. Olaves Silverstreet; One hundred and seven●y pounds. St. Anne and Agnes, and St. John Zachary; One hundred and forty pounds. St. Augustine and St. Faith; One hundred seventy and two pounds. St. Andrew Wardrobe and St. Anne Blackfriars; One hundred and forty pounds. St. Antholin and St. John Baptist; One hundred and twenty pounds. St. Bennet Grace church, and St. Leonard Eastcheap; One hundred and forty pounds. St. Bennet Pauls-wharf, and St. Peter's Pauls-wharf; One hundred pounds. Christ Church and St. Leonard Foster-lane; Two hundred pounds. St. Edmond the King, and St. Nicholas Acons'; One hundred and eighty pounds. St. George Botolphlane, and St. Botolph Billingsgate; One hundred and eighty pounds. St. Laurence Jury, and St. Magdalen Milkstreet; One hundred and twenty pounds. St. Magnus and St. Margaret New-Fish-street; One hundred and seventy pounds. St. Michael Royal and St. Martin Vintry; One hundred and forty pounds. St. Matthew Friday-street, and St. Peter Cheap; One hundred and fifty pounds. St. Margaret Pattons and St. Gabriel Fenchurch; One hundred and twenty pounds. St. Marry at Hill, and St. Andrew Hubbard; Two hundred pounds. St. Marry Woolnoth and St. Mary Woolchurch; One hundred and sixty pounds. St. Clement Eastcheap and St. Martin Orgars; One hundred and forty pounds. St. Marry Abchurch and St. Laurence Pountney; One hundred and twenty pounds. St. Marry Aldermary and St. Thomas Apostles; One hundred and fifty pounds. St. Marry le Bow, St. Pancras Soperlane, and Alhallows Honylane; Two hundred pounds. St. Mildred Poultry and St. Mary Colechurch; One hundred and seventy pounds. St. Michael Woodstreet and St. Mary Staining; One hundred pounds. St. Mildred Breadstreet and St. Margaret Moses; One hundred and thirty pounds. St. Michael Queenhith and Trinity; One hundred and sixty pounds. St. Magdalen Old-Fishstreet and St. Gregory; One hundred and twenty pounds. St. Marry Somerset and St. Mary Mounthaw; One hundred and ten pounds. St. Nicholas Coleabby and St. Nicholas; One hundred and thirty pounds. St. Olave Jury and St. Martin Ironmonger-lane; One hundred and twenty pounds. St. Stephen Walbrook and St. Bennet Sheerhogg; One hundred pounds. St. Swithin and St. Mary Bothaw; One hundred and forty pounds. St. Vedast, alias foster's, and St. Michael Quern; One hundred and sixty pounds. Which respective sums of money to be paid in lieu of Tithe within the said respective Parishes, and assessed, etc. shall be, and continue to be esteemed, deemed, and taken to all intents and purposes, to be the respective certain Annual maintenance (over and above Glebes and Perquisites, Gifts and Bequests to the respective Parson, Vicar, and Curate of any Parish for the time being, or to his or their respective Successors, or to other persons for his or their use) of the said respective Parsons, Vicars, and Curates, who shall be legally Instituted, Inducted, and Admitted into the respective Parishes aforesaid. In which Act there is a Provision in these words: Provided always, and be it Enacted, That where any of the Parishes within the said City, have since the late Fire, by death or otherwise, become vacant, the surviving or remaining Incumbent of the other Parish thereto united, or therewith consolidated, shall have and enjoy, and have like remedy to recover the Tithes hereby settled to be paid, as if he had been actually Presented, Admitted, Instituted, and Inducted into both the said Parishes, since the Union and Consolidation thereof. And be it Enacted, etc. That the Aldermen of such respective Ward or Wards within the said City, wherein any of the said Parishes lie, and his or their Deputy or Deputies, and the Common Councel-men of such respective Parish wherein the maintenance aforesaid is respectively to be Assessed, to be nominated by such respective Aldermen, Deputy, Common Councel-men, and Churchwardens, or any Five of them, whereof the Alderman or his Deputy to be one, shall at some convenient and seasonable time before the 20th day of May, 1671. assemble, etc. and they, or the major part of them so assembled, shall proportionably assess upon all Houses, Shops, Warehouses, and Cellars, Wharves, Keys, Cranes, Waterhouses, and Tofts of ground remaining unbuilt, and all other Hereditaments whatsoever (except Parsonage and Vicarage-Houses) the whole respective sum by this Act appointed, or so much of it as is more than what each Impropriator is by this Act enjoined respectively to allow, in the most equal way that the said Assessors, according to the best of their judgements, can make it; which said Assessments shall be made and finished before the 24th of July than next. And be it further Enacted, etc. That if any variance or doubt happen to arise about any sum so assessed as aforesaid, or that any Parishioner or Parishioners, or Owner or Owners of any House, Shop, Warehouse or Cellar, Wharf, Key, Crane, Waterhouse, or other Hereditament within any of the said Parishes, shall find himself or themselves aggrieved by the assessing of any sum or sums of money in manner and form aforesaid, that then upon complaint by the party or parties aggrieved to the Lord Major and Court of Aldermen of the said City, within Fourteen days after notice given to the party or parties assessed of such Assessment made, the said Lord Major and Court of Aldermen, summoning as well the party or parties aggrieved, and the Aldermen and such others as made the said Assessment, shall hear and determine the same in a summary way, and the judgement by them given shall be Final, and without Appeal. Provided always, and be it enacted, That any Assessment or Rate to be made by virtue of this Act, shall or may in all or any the Parishes aforesaid, in like manner be received or altered, or laid again within three months after the 24th day of June, 1674. according to the aforesaid Rules, and any such Assessment or state shall or may be again received or re-assessed within three months after the 24th day of June, 1681. And that all and every such new Assessment and state shall be liable to the like Appeals as aforesaid, and shall be collected, levied, and paid as any other Assessment or Rate mentioned in this Act, may or aught to be. And be it further Enacted, etc. That if any the Inhabitants in any respective Parish or Parishes as aforesaid, shall or do refuse or neglect to pay to the respective Incumbents aforesaid, of any of the said respective Parishes, any sum or sums of money to him respectively payable, or appointed to be paid by this Act, or any part thereof, contrary to the true intent and meaning of this Act (being lawfully demanded at the House or Houses, Wharf, Key, Crane, Cellar, or other Premises whereout the same is payable) that then it shall and may be lawful to and for the Lord Major of the City of London for the time being, upon Oath to be made before him, of such refusal or neglect to give and grant out Warrants for the Officer or Person appointed to collect the same, with the Assistance of a Constable in the day time, to Levy the same Tithes or Sums of Money so due, and in arrear and unpaid, by Distress and Sale of the Goods of the party or parties so refusing or neglecting to pay, restoring to the Owner or Owners the Overplus of such Goods over and above the said Arrears of the said Moneys so due and unpaid, and the reasonable Charges of making such Distress, which he is to deduct out of the Moneys raised by sale of such Goods. In pursuance of which Act the Lord Major, upon Complaint to him made by any Minister against any Parishioner, for refusing to pay the Rate assessed, will cause such Parishioner to be summoned to appear before his Lordship; and if he refuse to appear, or to pay the money assessed on his House or Warehouse, his Lordship will, upon Oath made of the Demand thereof, grant his Warrant to Distrein the Goods of such Offender; which Warrant is usually as followeth. The Form of a Warrant to Distrein for Tithes or Moneys Assessed and Rated to be paid in lieu of Tithes. WHereas A. B. is the Parson and present Incumbent of the Parish of St. M. B. in London, burnt by the late dreadful Fire, and hath for One year at the Feast of the Annunciation of the blessed Virgin Mary last passed, and ever since been legally Instituted, Inducted, and Admitted into the Parish aforesaid, and hath for that time officiated and preached as Incumbent, and Parson of the said Parish, in a convenient place within the said Parish, nominated and appointed by the Lord Bishop of London. And whereas an Assessment of Ten shillings per Annum, hath been duly made upon a certain House, called or known by the Name or Sign of the Bull, within the said Parish, now and for two years' last passed, inhabited by R. B. towards the raising of the Maintenance of the said A. B. the said present Incumbent of the said Parish, according to a late Act of Parliament, Entitled (An Act for the better Settlement of the Maintenance of the Parsons, Vicars, and Curates in the Parishes of the City of London, burnt up by the late dreadful Fire there). And whereas I am informed that the sum of Ten shillings is due and payable to the said A. B. Incumbent and Parson of the said Parish, for four quarters payment of the said Rate and Assessment at the Feast of the Annunciation of the blessed Virgin Mary last passed before the date hereof. And forasmuch as Oath hath been this day made before me, Sir J. S. Lord Major of the City of London, by C. W. (he being the person appointed to collect the said Assessment) that he hath lawfully demanded the said Ten shillings at the said House whereat the same is payable; And that the said R. B. the said Inhabitant of the said House in the Parish aforesaid, doth refuse and neglect to pay to the said A. B. the said present Incumbent of the said Parish, the said sum of Ten shillings, to him payable as aforesaid, These are therefore in his Majesty's Name, straight to Charge and Command you the said C. W. (being the person appointed to collect the same) with the Assistance of a Constable, in the day time to levy the said sum of Ten shillings so due and in arrear, and unpaid of the said Assessment on the House aforesaid, by Distress and Sale of the Goods of the said R. B. restoring unto him the Overplus of such Goods over and above the said Ten shillings, and the reasonable Charges of making the said Distress, according to the said Act in such case made and provided. And these are further in his Majesty's Name, straight to Charge and Command all and every the Constables within this City and Liberties thereof, to be aiding and assisting unto the said C. W. in the due execution hereof; and this shall be your Warrant. Dated, etc. To C. W. and all, every, or any of the Constables within the City of London and Liberties thereof. The Lord Major for the time being, may grant a Warrant under his Hand and Seal to examine and try Weights and Measures, which is usually done in these words; viz. Lond' ss. WHereas great Abuses are and have been committed in the City of London and Liberties thereof, by using and keeping unlawful, unsealed, and unsized Weights and Measures, which are found to be very false and deceitful, and not warrantable by his Majesty's Laws to be used in buying and selling. And whereas many persons, Inhabitants within this City and Liberties thereof, as I have been informed, do ordinarily use Weights, called or known by the name of Venice Weights, not allowed or appointed by the Laws of this Realm, nor by any other lawful Authority, and do usually buy by one Weight, and sell by another, These are to authorise and appoint you, and either of you my lawful and sufficient Deputies, at all and every time and times, fit and convenient, peaceably and quietly to enter into all Shops, Houses, Warehouses, and other places whatsoever within this City & Liberties thereof, where any Beams, Weights, Measures, Yards, els, Sacks for Charcoals, and such like, shall be suspected to be, and there to try and search all manner of Beams, Weights, Sacks for Charcoal, and Measures whatsoever, whether they be true, just, sealed, and sized, as by the Laws and Statutes of this Land they ought to be, and if you, or either of you shall find any false Beams, or any unlawful, unsealed, or unsized Weights, Sacks, or Measures, That then you bring the same, or cause the same to be brought to Guildhall, there to remain until Order shall be taken for the defacing, or otherwise disposing thereof, and certify me the Names and Surnames, and dwelling places of the Offenders, to the end they may be dealt withal as to justice shall appertain, and as the Law requireth: And also if you, or either of you do find any of the said Sacks of Charcoal that shall not be well and sufficiently filled, that then you, or either of you do cause the said Sacks to be set upright, and filled out of the rest of the said Sacks, according as is directed and appointed, that so the people of this City may not be deceived therein. And I do hereby require in his Majesty's Name, to Charge and Command all and every the people of this Nation, resorting to, and inhabiting in this City or Liberties thereof, who have used, or do use, or shall have any cause to use Weights, or Sacks for Charcoals, or Measures, that they do not in any wise hereafter use any but those that are or shall be just and true, and that they do not in any wise, from henceforth, hinder or withstand my said Deputies, or either of them, in the due Execution of the Premises. And I do hereby require all Constables, Sergeants at Mace, and Beadles of the Ward, and other Officers and Ministers whatsoever within the said City and Liberties thereof, that they be aiding and assisting to my Deputies, J. M. and G. M. Citizens and Weavers of London, and either of them, in the due and lawful Execution of the Premises, as they and every of them will answer the contrary, if they shall fail or refuse to do that which shall be lawfully required of them in that behalf. Dated, etc. To J. M. and G. M. and to either of them. The Lord Major and Aldermen may, if they please, punish all Constables and others that shall neglect to Watch, pursuant to an Act of Common Council made in the Majoralty of Sir John Robinson, Entitled, An Act for the better ordering of the Night Watches within the City of London and Liberties thereof; which followeth in these words. WHereas by the ancient, good, and laudable Custom of the City of London, all and every person and persons which do dwell, occupy, or inhabit in any House or Houses within the same City or the Liberties thereof, as well such as are not free of the said City, as other the Freemen of the same, being persons able and fit to watch, or to find an able and fit person to watch, for him, her, or them, or in his, her, or their stead, aught by reason of their habitation, occupation and dwelling, to keep watch within the Ward wherein he, she, or they do occupy and inhabit, for the preservation of the King's Peace, and for the arresting and apprehending of all Nightwalkers, Malefactors, and suspected persons, which shall be found passing, wand'ring, and mis-behaving themselves: And whereas every Constable of any Precinct is a Constable to all intents and purposes, not only in the Precinct and Ward where he dwelleth, but in all and every other Precinct, Ward, and place within the said City and the Liberties thereof: And whereas there is now, and of late years hath been (by reason of the great concourse of people from all parts to the said City) great necessity of a strong and sufficient Watch to be kept every Night within every Ward of the said City, and the Liberties thereof; and it hath been thought fit and provided by former Orders and Acts of Common Council, for the safety and peace of the said City, that the number of men to watch every night, in every Ward throughout the said City and Liberties thereof, shall be as hereafter particularly followeth, viz. Aldgate 34 Dukes-place 10 Aldersgate 44 S. Martin's le Grand 12 Bishopsgate 80 Broadstreet 30 Billingsgate 30 Bridge within 25 Bassishaw 12 Breadstreet 26 Cornhill 16 Candlewick 24 Cordweiner 24 Cheap 25 Cripplegate within 40 Colemanstreet 32 Cripplegate without 90 Castle Baynard 40 Dowgate 36 Farringdon within 50 Mugwelstreet 4 Blackfriers 14 Farringdon without 130 Whitefriers 8 Bridewell Precinct 8 Bartholomew Great 10 Bartholomew Lesle 4 Limestreet 11 Langborn 34 Portsoken 60 Queenhith 40 Tower 40 Vintry 34 Walbrook 20 Yet nevertheless the said Watches are very weak and wanting, by reason that many illaffected persons, not willing to do any duty for the public safety, or not proportionable to the number of the Inhabitants where they dwell, under pretence that they ought not to watch with any other Constable then the Constable of the Precinct wherein they inhabit, whereas several Precincts within the said City and Liberties of late, by multiplicity of new Buildings, and Divisions of Houses, are grown far more populous, than other Precincts, and many Precincts have not Inhabitants to make up a third, fourth, fifth, or sixth part of the number of Watchmen aforesaid, or a competent number of Watchmen for safeguard of the said Ward, so that without some way (other than the Inhabitants of every Precinct to watch with the Constable of that Precinct, or some new Division of every Ward, for proportioning and appointing the number therein to keep watch) a sufficient Watch cannot be kept, whereof divers refractory persons taking advantage, and pretending that they are not by Law compellable thereunto, will not yield obedience to the Government of the said City therein, but refuse to watch when they are required, whereby the Watches are generally much neglected, and the Constables and other Officers much troubled and discouraged, and the said City and Inhabitants therein much damaged and endangered thereby, and likewise upon several occasions and disturbances of late have been put upon great and extraordinary charge and trouble, in serving upon Military Guards of the Trained Bands and Auxiliary Forces of the said City. Now the Right Honourable the Lord Major, the Right Worshipful the Aldermen his Brethren, and the Commons in this Common Council assembled, taking the Premises into their consideration, and conceiving it very necessary at all times, that there should be sufficient Watches kept within the said City of London and Liberties thereof, for remedy therein, and for the better ordering and establishment of the Watches to be hereafter duly kept within the said City and the Liberties thereof, do Enact and Ordain, and be it Enacted and Ordained by the said Lord Major, Aldermen, and Commons in this Common Council assembled, and by Authority of the same, that one Constable with the Beadle in every Ward, and the said number of persons respectively shall watch every Night in every of the Wards aforesaid respectively, from nine of the Clock in the Evening, till seven of the Clock in the Morning, from Michaelmas-day till the first of April, and from the first of April till Michaelmas-day from ten of the Clock in the Evening, till five of the Clock in the Morning: And that the Alderman, Deputy, and Common Councel-men of every of the said Wards respectively, or the major part of them, shall forthwith take an exact Survey of all the Inhabitants and Housekeepers within their respective Wards, who are able and fit to watch or find Watchmen; and shall nominate and appoint one Constable in their said Wards, with the Beadle of their respective Wards, and the full number of Inhabitants within the said respective wards, according to the proportions beforementioned, to watch eery night within the respective Wards, beginning at one certain place within the said respective Wards, & from thence to proceed & go forward in an orderly way, and appoint the next Night one other Constable and the like full number of Inhabitants next adjoining unto those who watched the Night before, and so to proceed forward through the Ward, one Constable and the full number of Inhabitants to watch every Night, and then to begin again with those Inhabitants who first watched, and proceed forwards every Night in turn as aforesaid, without respecting any one Precinct more than another, but that all the Inhabitants within the said Wards respectively do watch, or find Watchmen in their turns, as aforesaid, who shall watch with the Constable appointed as aforesaid, though he be not of the same Precinct as the Inhabitants be; and that all the Constables within the respective Wards, shall in their turns, one after another, watch with the said Inhabitants, and when they have watched all over by turns as aforesaid, he that began shall begin again, and the rest follow in their turns, and so one after another, as often as it shall come to their or any of their turns: And that the said Alderman, Deputy, and Common Councel-men of the respective Wards aforesaid, or the major part of them shall likewise appoint a certain place within the said Ward, where the Constable and all the Watchmen shall every Night first meet for that Night, & agree to what places they shall afterwards go to watch in the said Ward in such manner and order, that the Constables and Watches of every Ward may maintain a correspondence and intelligence with each other, and be ready upon some sound or sign, to be made or given, to come in, in an instant if there be need, upon any disorder or other occasion, to the help and assistance of one another; and shall also appoint the number of Watchmen which shall be, and continue together in every place, and cause the name of the Constable, and of every Inhabitant which is to watch with every several Constable, and the times and places of their meeting and watching particularly every several Night to be printed and delivered to every Constable within their Ward respectively, and one or more papers thereof so printed to be set upon posts or open places, where every constable and such as are to watch with him respectively dwell, that every Constable and Watchman may know the Night, Time, and Places where they are to watch: And that the Constable, on the day before his watch-night, or the Beadle of that Ward, do warn every man that is to watch with him accordingly, or leave notice thereof in writing at the House of every such man: And that the Inhabitants of every Ward do take notice hereof, any pretence of privilege, usage, or custom to the contrary hereof in any wise notwithstanding. And be it also further Enacted by the Authority aforesaid, That if any Constable shall make default in executing his Office, or doing his Service in any of the Premises hereby appointed, or hereafter to be ordered or appointed as aforesaid, without just and reasonable cause to be allowed of as is hereafter mentioned, that then every such Constable shall forfeit and pay for every such default five pounds: And that if any person appointed and warned to watch or to find an able and fit person to watch in his or her stead as aforesaid, shall refuse or make default to watch, or to find an able and fit person to watch in his or her stead as aforesaid, that then every such person so refusing or making default to watch as aforesaid, and not having just and reasonable cause for such his default, as shall be allowed of by the Lord Major of the said City, or the Alderman of that Ward for the time being, shall forfeit and pay for every such default Twenty shillings. And it is hereby farther Enacted, That the Alderman, Deputy, and Common Councel-men of every Ward, or the major part of them, for the time being, shall from time to time nominate and appoint two or more honest able men of the same Ward, who shall be called Supervisors, to take care and oversee that the Watches appointed in every Ward be from henceforth duly kept: And that the Constables, Beadle and watchmans, execute, do and perform their duties and services therein, or otherwise pay the forfeitures and payments herein before ordained for their defaults respectively: and that the same Supervisors, or one of them, shall take notice of such of the said Inhabitants as absent themselves at any time from watching as aforesaid, and likewise of such Constables and Beadle as shall at any time make default, be remiss or negligent in performance of his or their Duties in the Premises, and shall likewise from time to time present the name of every s●ch Defaulter to the Lord Major of the said City for the time being, or to the Alderman of the Ward where such Default shall be made, that every such Defaulter may pay the forfeiture and payment imposed upon him or her as aforesaid: And that the Beadle of every Ward, or some trusty person for him, shall in the presence of the Constable and one of the said Overseers, if they, or either of them can be present, call over the Names of all those which shall be appointed to watch each night respectively in their course as aforesaid, as well at the hours appointed for their meeting in the Evening, as also at the time appointed for the breaking up of the watch in the morning; and that they the Constable, or Beadle, or one of them, or some other trusty person in their or either of their behalf, in case the Supervisor shall be absent at any of the said times, shall take a Note in writing of the Names and Surnames of every of the Inhabitants then appointed to watch, as shall be absent from their watch at any of the hours herein before appointed Evening or Morning, and shall deliver the said Note the next day to the Supervisors, or one of them: And that the Constables, Supervisors, and Beadle of every the said Ward, and every of them, shall bring before the Lord Major of the said City for the time being, or the Alderman of their Ward, every Constable or other person making default in any of the Premises respectively, if such person making default will readily and voluntarily go along with him; and every such Defaulter shall then presently pay to the Lord Major or Alderman aforesaid, such forfeitures and payments as are herein before limited and appointed for them respectively to pay as aforesaid; and that all Moneys so forfeited and paid as aforesaid, shall be employed to and for the relief of the poor of the said Ward, as the Lord Major or Alderman of the Ward where such default shall be made shall think fit and appoint: But if such Defaulter shall refuse to go with the said Constable, Supervisor, or Beadle, before the said Lord Major or Alderman as aforesaid, or going shall refuse or delay to pay the said forfeitures, penalties, or sums of Money, respectively as aforesaid, that then, and in either of the said cases, such Defaulter shall forfeit and pay triple the aforesaid penalties or sums of Money: All which forfeitures hereby forfeited shall respectively be recovered by Action of Debt, Bill, or Information, in the name of the Chamberlain of this City for the time being, in the Court holden before the Lord Major and Aldermen of the said City, in the Chamber of the Guildhall of the same City, to be prosecuted by the Beadle of the Ward wherein every of the said Offences aforementioned shall be committed, or any other person or persons thereunto appointed by the said Lord Major or the Alderman of such Ward: And after recovery thereof one Moiety of the same after all Charges deducted, shall be to the said Beadle or other Prosecutors, and the other Moiety to be employed to the relief of the poor of the Ward wherein such Offence shall be committed, as the Lord Major or Alderman of the same Ward shall direct and appoint. In all which Suits to be brought by virtue of this Act, the Chamberlain shall recover his ordinary Costs and Charges to be expended for the recovery of all such forfeitures against the Offenders. And lastly, be it enacted by the Authority aforesaid, That the Beadles of the several Wards of this City, or any of them, shall not hereafter take or have any allowance of Watchmen, called Dead-pays, for or in respect of their Nightly watching, or for or in consideration of any other Service whatsoever, but that the Inhabitants of every Ward shall amongst themselves raise some convenient sum of Money for a fit and competent Salary and Allowance to be made unto the said Beadles for their said Service: Or if the said Inhabitants of all or any the said Wards cannot agree upon raising such Salary or Sum of Money, than the same to be done by Authority of Common Council, by such way and means, and in proportion to the Service and the Extent of each Ward, as by the said Common Council shall upon farther consideration be found just and reasonable. The Lord Major doth Annually issue out his Precept to the Aldermen of every Ward to hold his Wardmote for the Election of Common Councel-men, and other Officers. The Tenor of which Precept is as followeth. To the Alderman of the Ward of _____ Wardmote. WE charge and command you, that upon St. Thomas day the Apostle next coming, you do hold your Wardmote, and that you have afore us at our General Court of Aldermen to be holden the Monday next after the Feast of the Epiphany next coming, all the Defaults that shall be presented afore you by Inquest in the said Wardmote; and the said Inquest shall have full power and authority by one whole year to inquire and present all such Defaults as shall be found within your said Ward, Inquest for the year. as oftentimes as shall be thought to you expedient and needful, which we will shall be once every Month at the least. 2. Inquest dying. And if it happen any of your said Inquest to die, or departed out of your said Ward within the said year, that then, in place of him or them so dying or departing out of your said Ward, you cause to be chosen one able person in his stead to inquire and present with the other in manner and form abovesaid. 3. Non-appearance. And that, at the said general Court, you give afore us the Names and Surnames of all them of your said Ward that come not to your said Wardmote, if they be duly warned, so that due redress and punishment of them may be had, as the case shall require, according to the Law. 4. Watch, Light, Vizard. And that you do provide, that at all times convenient, a sufficient watch be kept: And that Lanterns with Light by nightertail in old manner accustomed be hanged forth: And that no man go by nightertail without Light, nor with Vizard, on the peril that belongeth thereto. 5. Common Council. And also that you do cause to be chosen men, of the most sufficient, honest, and discreet men of your said Ward, to be for your said Ward of the Common Council of this City for the Year ensuing, according to the Custom in that behalf yearly used. And also that you do cause the said men, so to be chosen to be of the Common Council, to be sworn before you, and in your presence, according to the Oath by them used, and of old time accustomed: The Tenor of which Oath hereafter ensueth: YE shall swear, that ye shall be true to our Sovereign Lord the KING that now is, and to his Heirs and lawful Successors, and readily come when ye be summoned to the Common Council of this City, but if ye be reasonably excused; and good and true Counsel ye shall give in all things touching the Common-weal of this City, after your wit and cunning: And that for favour of any man ye shall maintain no singular profit against the common profit of this City: And after that ye be come to the Common Council, ye shall not from thence departed, till the Common Council be ended, without reasonable cause be else by the Major's Licence: And also that all secret things that be spoken or said in the Common Council, the which ought to be kept secret, ye shall in no wise disclose. As God you help. And that together with the said Oath of their Office, you administer to the said Persons that shall be chosen of the Common Council, the Oaths of Supremacy and Allegiance, and the other Oath hereafter following. I A. B. Do utterly testify and declare in my Conscience, that the KING's Highness is the only Supreme Governor of this Realm, and of all other his Highness' Dominions and Countries, as well in all Spiritual or Ecclesiastical things or causes as Temporal; And that no Foreign Prince, Person, Prelate, State or Potentate, hath or aught to have any Jurisdiction, Power, Superiority, Preeminence or Authority Ecclesiastical or Spiritual within this Realm: And therefore I do utterly renounce and forsake all Foreign Jurisdictions, Powers, Superiorities and Authorities, and do promise that from henceforth I shall bear Faith and true Allegiance to the KING's Highness his Heirs and lawful Successors; and to my power shall assist and defend all Jurisdictions, Privileges, Preeminences and Authorities granted or belonging to the KING's Highness, his Heirs and Successors, or united and annexed to the Imperial Crown of this Realm. So help me God, and by the Contents of this Book. I. A. B. Do truly and sincerely acknowledge, profess, testify and declare in my Conscience before God and the World, that our Sovereign Lord King CHARLES is lawful and rightful King of this Realm, and of all other his Majesty's Dominions and Countries; and that the Pope, neither of himself, nor by any Authority of the Church or See of Rome, or by any other means with any other, hath any power or authority to depose the King, or to dispose any of his Majesty's Kingdoms or Dominions, or to Authorise any Foreign Prince to invade or annoy him or his Countries, or to discharge any of his Subjects of their Allegiance and Obedience to his Majesty, or to give Licence or Leave to any of them to bear Arms, raise Tumults, or to offer any violence or hurt to his Majesty's Royal Person, State or Government, or to any of his Majesty's Subjects within his Majesty's Dominions. Also I do swear from my heart, that notwithstanding any Declaration or Sentence of Excommunication or Deprivation made or granted, or to be made or granted, by the Pope or his Successors, or by any Authority derived or pretended to be derived from him or his See, against the said King, his Heirs or Successors, or any Absolution of the said Subjects from their Obedience, I will bear Faith and true Allegiance to his Majesty, his Heirs and Successors, and him and them will defend to the uttermost of my power, against all Conspiracies and Attempts whatsoever which shall be made against his or their Persons, their Crown and Dignity, by reason or colour of any such Sentence or Declaration or otherwise; and will do my best endeavour to disclose and make known unto his Majesty, his Heirs and Successors, all Treasons and Traitorous Conspiracies which I shall know or hear of, to be against him or any of them. And I do farther swear, That I do from my heart abhor, detest and abjure as impious and heretical, this damnable Doctrine and Position, that Princes which be excommunicated or deprived by the Pope, may the deposed or murdered by their Subjects or any other whatsoever. And I do believe, and in Conscience am resolved, that neither the Pope nor any Person whatsoever hath power to absolve me of this Oath or any part thereof, which I acknowledge by good and full Authority to be lawfully administered unto me, and do renounce all Pardons and Dispensations to the contrary. And all these things I do plainly and sincerely acknowledge, and swear according to these express words by me spoken, and according to the plain and common sense and understanding of the same words, without any equivocation, or mental evasion, or secret reservation whatsoever: And I do make this Recognition and Acknowledgement hearty, willingly and truly, upon the true Faith of a Christian. So help me God, etc. I A. B. Do declare and believe, that it is not lawful, upon any pretence whatsoever, to take Arms against the KING: And that I do abhor that Traitorous Position, of taking Arms by his Authority against his Person, or against those that are Commissioned by him. So help me God. And farther, that you likewise administer to the same Persons that shall be so elected of the Common Council, to be by them subscribed, the ensuing Declaration: I A. B. Do declare, That I hold that there is no Obligation upon me or any other Person from the Oath commonly called, The Solemn League and Covenant; And that the same was in itself an unlawful Oath, and imposed upon the Subjects of this Realm against the known Laws and Liberties of the Kingdom. For that otherwise, if the said persons or any of them, that shall be elected as aforesaid of the common Council, shall not take the said Oaths, and subscribe the said Declaration, their Election and Choice is by the late Act of Parliament, for the Governing and Regulating of Corporations, enacted and declared to be void. 6. Constables. Scavengers. Beadle. Raker. And that also in the said Wardmote you cause to be chosen certain other honest persons to be Constables and Seavengers, and a Common Beadle, and a Raker to make clean the Streets and Lanes of all your said Ward, according to the Custom yearly used in that behalf: which Constables have and shall have full power and authority to distrain for the Salary and Quarterage of the said Beadle and Raker, as oftentimes as it shall be behind or unpaid. 7. Roll of Names. Also that you keep a Roll of the Names, Surnames, Dwelling-places, Professions and Trades of all persons dwelling within your Ward, and within what Constables Precinct they dwell, wherein the place is to be specially noted by Street, Lane, Alley, or Sign. 8. Constables. Also that you cause every Constable from time to time to certify unto you the Name, Surname, Dwelling-place, Profession and Trade of every person who shall newly come to dwell within his Precinct, whereby you may make and keep your Roll Roll. perfect: And that you cause every Constable for his Precinct, to that purpose, to make and keep a perfect Roll in like manner. 9 Inholder. Lodger. Sojourner. Also that you give special charge, that every Inn-holder and other person within your ward, who shall receive any person to lodge or sojourn in his house above two days, shall before the third day after his coming thither, give knowledge to the Constable of the Precinct where he shall be so received, of the Name, Surname, Dwelling-place, Profession and Trade of life, or place of service of such person, and for what cause he shall come to reside there: And that the said Constable give present notice thereof to you. And that the said Inn-holder lodge no suspected person, Suspect persons. or men or women of evil Name. 10. Search. Also that you cause every Constable within his Precinct, once every month at the farthest, and oftener, if need require, to make diligent search and inquiry what persons be newly come into his Precinct to dwell, sojourn or lodge: And that you give special charge, that no Innholder or person shall resist or deny any Constable in making such search or inquiry, but shall do his best endeavour to aid and assist him therein. 11. Frank pledge. And for that of late there is more resort to the City of persons evil-affected in Religion and otherwise than in former times hath been: You shall diligently inquire if any man be received to dwell or abide within your Ward that is not put under Frank pledge, as he ought to be by the custom of the City: and whether any person hath continued in the said Ward by the space of one year, being above the age of twelve years, and not sworn to be faithful and loyal to the King's Majesty, in such sort as by the Law and Custom of this City he ought to be. 12. Beadle. To all these purposes the Beadle of every Ward shall employ his diligence, and give his best furtherance. 13. Stocks, etc. Also you are to take order that there be provided and set up a pair of Stocks and a Whipping Post in some convenient place in every Parish within your Ward, for the punishing of Vagrants and other Offenders. 14. Fire. Also that you have special regard that from time to time there be convenient provision for Hooks, Ladders, Buckets, Spouts, and Engines, in meet places within the several Parishes of your Ward, for avoiding the peril of Fire. 15. Streets. Also that the Streets and Lanes of this City be from time to time kept clean before every Church, House, Shop, Warehouse, Door, Dead-wall, and in all other common Passages and Streets of the said Ward. 16. Hu●sters of Ale and Beer. And where by divers Acts of Common Council, aforetime made and established for the Common weal of this City, among other things, it is Ordained and Enacted, as hereafter ensueth: Also it is Ordained and Enacted, That from henceforth no Huckster of Ale or Beer be within any Ward of the City of London, but honest persons, and of good name & fame, & so taken & admitted by the Alderman of the Ward for the time being; & that the same Hucksters do find sufficient surety afore the Major & Aldermen for the time being, to be of good guiding & rule: And that the same Hucksters shall keep no Bawdry, nor suffer no Lechery, Dice-playing, Carding, or any other unlawful Games to be done, exercised or used within their Houses: And to shut in their Doors at nine of the clock in the night, from Michaelmas to Easter, and from Easter to Michaelmas at ten of the clock in the night, and after that hour sell no Ale or Beer. And if any Huckster of Beer or Ale, after this Act published and proclaimed, sell any Ale or Beer within any Ward of the City of London, and be not admitted by the Alderman of the same Ward so to do, or find not sufficient surety, as it is above rehearsed, the same Huckster to have imprisonment, and make fine and ransom for his contempt after the discretion of the Lord Major and Aldermen: And also that the said Hucksters suffer no manner of common eating and drinking within their Cellars or Vaults, contrary to the Ordinance thereof ordained and provided, as in the said Act more plainly appeareth at large. We charge you that you put the same in due execution accordingly. 17. Measures sealed. And also that ye see all Tipplers, and other sellers of Ale or Beer, as well privy Osteries, as Brewers and Inn-holders', within your Ward, not selling by lawful measures sealed and marked with the City Arms or Dagger, be presented, and their names in your said Indentures be expressed, with their Defaults, so that the Chamberlain may be lawfully answered of their amercements. 18. Strangers born. And also that you suffer no Alien, or son of any born an Alien, to be of the Common Council, nor to exercise or use any other Office within this City, nor receive or accept any person into your watch, privy or open, but Englishmen born: And if any Stranger born out of this Realm, made Denizen by Letters Patents, or any other after his course and lot be appointed to any watch, that then ye command and compel him or them to find in his stead and place an Englishman to supply the same. 19 And also that you cause an Abstract of the Assize appointed by Act of Parliament for Billets and other Firewood, to be fair written in Parchment, and to be fixed or hanged up in a Table in some fit and convenient place in the Parish within your Ward, where the common people may best see the same. 20. Streets. Pain 40 s. And furthermore, we charge and command you, that you cause such provision to be had in your said Ward, that all the Streets and Lanes within the same Ward be from time to time cleansed and clearly voided of Ordure, Dung, Mire, Rubbish and other filthy things whatsoever be to the annoyance of the King's Majesty's Subjects. 21. Vagrants. And also that at all times as you shall think necessary, you do cause search to be made within your said ward for all vagrant Beggars, suspicious and idle people, and such as cannot show how to live, and such as shall be found within your said ward, that you cause to be punished and dealt with according to the Laws and Statutes in such case ordained and provided. 22. Jurymen. And also we will and charge you the said Alderman, that yourself certify and present before us at the said general Court, to be holden the aforesaid Monday next after the Feast of the Epiphany, all the names and surnames truly written of such persons within your said ward as be able to pass in a Grand jury by themselves: And also all the names and surnames truly written of such persons being and dwelling within your said ward, as be able to pass in a Petty jury by themselves: that is to say, Every Grand juryman to be worth in Goods an hundred Marks, and every Petty juryman forty Marks, according to an Act in that case ordained and provided: And the same you shall endorse on the backside of your Indenture. 23. Harlots. Item, for divers reasonable and urgent considerations us especially moving, we straight charge and command you on the King our Sovereign Lords behalf, That you diligently provide and foresee, that no manner of person or persons within your said ward, what condition or degree soever he or they be of, keeping any Tavern or Alehouse, Ale-celsar, or any other Victualling-house, or place of common resort to eat or drink in within the same ward, permit or suffer at any time hereafter any common woman of their bodies, or Harlots, to resort and come into their said House, or other the places aforesaid, to eat or drink, or otherwise to be conversant or abide, or thither to haunt or frequent, upon pain of imprisonment as well of the Tenant and Keeper of every such House or Houses, and all other the places afore remembered, as of the common woman or Harlots. 24. Also that you do give in charge to the Wardmote Inquest of your ward all the Articles delivered to you herewith, and that you articles. have a special care of keeping the peace and good order during your Wardmote; and if any offend herein, you fine or punish him or them according to Law. 25. And whereas the moneys received for the Fines of persons refusing to hold Ward Offices within your ward, aught to be employed in the service and for the public benefit of the whole ward, and not of any particular Precinct or Parish within the w●rd: These are therefore to require you to take care, that all such Fines be from time to time disposed of accordingly for the benefit of the whole ward, as you with the Deputy and Common Councel-men of your ward, shall think most fitting and convenient: And that no such Fines be received or employed in any particular Precinct or Parish. Not failing hereof, as ye tender the common weal of this City, and advancement of good justice, and as ye will answer for the contrary at your uttermost peril. Dated at under the Seal-Office of Majoralty of the said City, the day of December, in the year of the Reign of our Sovereign Lord CHARLES the Second, by the Grace of God, King of England, Scotland, France and Ireland, Defender of the Faith, etc. THE COURT OF CONSERVARY FOR THE River of Thames. THis Court is held before the Lord Major at such times as he shall apappoint and direct within the respective Counties near adjacent to the Cities of London and Westminster. The water-bailiff is my Lord Major's Deputy and aught to give notice to his Lordship of all Offences committed by any persons, contrary to the Orders made for preservation of the brood and fry of Fish in the said River. There have been several Orders made and devised for that purpose; some of which Orders are as followeth; viz. Orders devised and agreed upon by the Right Honourable Sir Robert Ducie Knight and Baronet, Lord Major of the City of London, and Conservator of the River of Thames and Waters of Medway, for the preservation of the brood and fry of Fish within the West part of the said River, as followeth. FIrst, That no man, upon penalty and forfeiture of his Net and Ten pounds, with imprisonment at the discretion of the Lord Major, shall presume to shoot any Draw-net or Coulter-net, at any time of the year, before Sunrising nor after Sunsetting; for that in the Night time unlawful Nets may be used, and other abuses offered, to the great hurt and annoyance of the said River of Thames; and to shoot in their several rooms well known. 2. Item, That no Fisherman or other shall still, lie, or bend over any Net during the time of the Flood, whereby both Salmon and other kinds of Fish may be hindered and kept back from swimming upwards, to the benefit and profit of such Fishermen as dwell in the west part of the said River; upon the like pain and penalty. 3. Item, That no Fisherman or other shall shoot any Draw-net, Cod-net, or other Net or Engine, whereby any Salmon-fish shall be taken after Holyrood day is past, being the Fourteenth day of September, because at that time they are out of season, and remain here upon the River only to spawn and breed; upon the like payment. 4. Item, That no Fisherman or other shall fish with any Net, or lay or hale any we'll, or use any other Net or Engine whatsoever, from Sunsetting on Saturday at Night, until Sunrising upon Monday Morning, no, not during all the time of Lent, as being a thing not only very hurtful to the said River, but also a great abuse and profaning of the Lord's Sabbath; upon the like payment. 5. Item, That no Fisherman or other shall at any time hereafter ship their Draw-nets (called Shipping a Stern) into their Boats, before such time as they have laid forth all their whole Net, as they do when they land towards a low water, nor that they ship some part of their said Net, and land the rest; but that from henceforth they shall fulfil and observe that ancient order of landing their Nets (as they have heretofore usually done) at low water; upon the like payment. 6. Item, That not Fisherman or other person whatsoever shall use any Spear, called an Eel-spear, at any time of the year, for that they are likewise very great destroyers of Barbels and other kinds of Fish; nor shall work with any Bley-net, Rugge-net, or Smelt-net, upon the said water westward, farther than Isleworth Church, from the Tenth day of March yearly, until Holyrood day be past, being the Fourteenth day of September; upon the like payment. 7. Item, That no Fisherman or other shall at any time of the year use or exercise any Slew, Trammel, Double-walled-net, or Hooped-net whatsoever, for that they are not only the utter destruction of all breeding Barbels, but also a great spoil and hurt to other sorts of the young brood and fry of Fish, being with those kind of Nets infinitely destroyed, to the general ruin of the River aforesaid: upon the like payment. 8. Item, That no Fisherman or other shall lay any Weels called Kills in any place of the River, from the Tenth of March till the Tenth of May yearly, for that all Roches do then shed their spawn; nor that no man whatsoever cut any Bulrushes, or other Flags or Sedges growing upon the River from Richmond unto the Markstone above Stains-bridge, for that they are a great succour and safeguard unto the Fish; upon the like payment. 9 Item, That no Fisherman or other shall use within the said River of Thames, any we'll called a Lomb or a Mill-pot, or any other Engine, with the head thereof against the Stream, upon pain of forfeiture of Ten pounds, and imprisonment at the discretion of the Lord Major: Nor that no man whatsoever shall occupy upon the said River of Thames, any Nets called Pursenets, otherwise Casting-nets, upon the like payment. 10. Item, That no Fisherman or others shall be suffered to rug for Flounder either by Ebb or by Flood, at any time of the year, between London-bridge and Stran-gate on the South side, and Westminster-bridge on the North side, but only two casts at low water, and two casts at full sea or high water, for the safeguard of the fry and brood of Fish; and no Flounder shall be taken under the assize of six inches: Nor that no Fisherman or other shall fleet with any Bley-net upon the benches from Whitehall to the Temple-stairs upon high waters, from Whitsuntide to Bartholomewtide; upon like payment. 11. Item, That no Fisherman or other person whatsoever shall cast, bring, or cause to be brought, any Carrion, Soil, Gravel, Rubbish, Sods of Earth, or any other Filth or Annoyance, whereby Banks and Shelves are raised, and the common passage hindered, to the great danger of Fares, Boats, and Barges, passing to and fro upon the said River: Nor that no Fisherman or other shall drive or cause to be driven any Piles, Stump or Stakes, within the said River of Thames, upon which the like mischief and dangers may arise, until such time as they be lawfully licenced so to do; upon the like pain and penalty as aforesaid. 12. Item, That no Fisherman or other shall presume to take up any Rack or Drifth upon the water of Thames, without notice given thereof to the Waterbailiff, or his Substitute, within convenient time, he satisfying him for his pains as shall be reasonable and thought fitting; nor shall conceal and keep secret the said Rack or Drifth from the said Waterbailiff, to the end that such order and care may be taken therein as hath been accustomed, according to the Laws and Ordinances ordained for the preservation of the said River; upon like payment and penalty. 13. That no Fisherman or other shall fish with any kind of Net, or use any Angle-rod with more than two Hooks upon a Line, or saw or scratch for Barbel within the Limits of London-Bridge, or shall use any other Engine nearer unto the Bridge then St. botolph's Wharf and the Bridge-house Wharf on the East side, nor nearer on the West side then St. Mary Oueris Stairs and the Old Swan; upon the pain of imprisonment at the discretion of the Lord Major, and Sx shillings eight pence to the Chamber of London. 14. Item, That no Peterman shall at any time hereafter fish or work with any manner of Net upon the said water Westward farther than Richmond Crane, unto which place, or near thereabouts, the water ebbeth and floweth, for that the Fishing beyond that place hath caused a great destruction of Fish; upon pain of forfeiture of Twenty shillings for every time they shall so offend, and farther punishment according to the quality of his Offence. 15. Item, It is ordered that no Peterman shall hereafter at any time of the year take the Tides above Richmond, nor go in company together, it being found very prejudicial and hurtful both to the River and Fishermen, and nothing available for the furnishing of any Markets, nor shall go to fish more than five together in one company between Richmond and London-Bridge; upon pain of forfeiting for every time Ten shillings, and imprisonment during pleasure. 16. Item, That no Peterman, or any other, take any Flounder. or any other short Fish, which they have usually called Kettle-fish, not being six inches of assize, being found to be to the great destruction of the Fish; upon the like penalty and pain. 17. Item, That whereas many inconveniencies have heretofore risen to the River of Thames by divers Fishermen keeping of Boys, who had neither sufficiency to take the charge of Fishing, nor bound Apprentice to the same: Therefore from henceforth it shall not be lawful for any Fisherman to keep two Boys in one Boat, unless the one of them be at man's estate, or thought sufficient by the Waterbailiff to take the charge, or else that one of them be an Owner: Nor that no Fisherman from henceforth do take any Apprentice to the said trade of Fishing, unless he first enter his name into the Register-Book of the Waterbailiff of this City, kept for that purpose, nor under the term of seven years; and that, after the expiration of his said term, he likewise come again before the said Waterbailiff, to be by him admitted a lawful Fisherman, (as of ancient time hath been accustomed;) upon like payment. 18. Lastly, That every Fisherman upon the River of Thames, from London-Bridge unto Stains-Bridge, shall once every year (viz. upon St. Paul's day, being the Five and twentieth day of January) appear before the Waterbailiff of this City, at the Chapel of the Guild-hall, by Ten of the Clock in the Forenoon of the same day, there to enter their several names into his Register-Book kept for that purpose: And farther, to hear the Orders and Institutions ordained for the preservation of the said River to be openly and publicly read, to the intent that they and every of them may the better perform the same; upon pain of Six shillings eightpences for every default so made. And if any man whatsoever, Fisherman or other, shall contemptuously or stubbornly resist the Waterbailiff, being Subconservator under the Lord Major, in the due performance and execution of his said Office, he shall make such Fine, or be imprisoned at the discretion of the Lord Major for the time being, as unto his Lordship shall seem most fitting. Articles to be inquired upon by the Jury for the River of Thames Eastward. INprimis, You shall faithfully and truly present (without any respect) all such persons, Fishermen and others, as do profane the Lords Sabbath in their unlawful Fishings, and going forth that day to their labour, being to the high displeasure of Almighty God, and availeth not to the furnishing of any Market. And if any such Fisherman have gone forth to fish; having been at home, before Sunday at night Sundown, you shall faithfully and truly present them. 2. Item, Trincker-men. That no Trincke shall stand for Smelts till the One and twentieth day of October yearly, and so to continue until Good-Friday following. And to use no manner of Net for Smelts than full two inches in the forepart, inch and a half in the second part, and in the third part, which is the Hose or God, inch and quarter wet and dry. And the Hose not to exceed eleven foot in length, and in compass sixty Meishes, and not above. And five Hoops placed a foot and a half asunder in the said God, the last Hoop to be placed within two foot of the end of the God, and each Hoop to be a foot and a half over every way, upright within the Hoop, and not otherwise. 3. Item That no Trincke shall stand to Fish above Nine Tides in the week, viz. three Tides against Wednesday, three Tides against Friday, and three Tides against Saturday Market, and so likewise 3 Tides against Saints Eves & other Fasting days, and then to wash, hale up, & go home with their said Nets and Boats every Saturday morning to their own Houses. And in Lent time they may stand every day, the Sabbath day excepted. 4. Item, That no Trincke shall stand in any Birth more than is allowed him to stand, but shall stand in all such several places, and in such manner as hereafter followeth, and in no other place; That is to say, He shall keep his Cooplement At Blackwal Ferry two, one Breast or front, and no more. At Ley shelp two, and no more. At Woolwich shelp two, and no more. At Woolwich Town five, and no more. At Galleons nasse three, and no more. At Buzards-bush five, and no more. At the East and West end of Barkin shelp two at each place, and no more. At Dagnam shelp six, and no more. At the Carack four, and no more. At Julian tree job three, and no more. At Dartford job three, and no more. At the Bite at Ereth nasse three, and no more. At Stoke-fleet nasse, alias, Stakes end, five and no more. At Avely hole five, and no more. At Purfleet five, and no more. At Gray's Thorock six, and no more. At the two Thoroughs three, and no more. And every Trincke to keep his true Cooplement, and to stand no more in a Birth. 5. That no Trincke shall stand to fish for Whiting till the Ember-week before Michaelmas yearly, and to come no higher than Purfleet, and to have the Hose or Cod of his Net full inch and a half. And upon Saturday Sun up to wash off his Net, hale up and go home, and not to return to his labour again till Monday morning daylight. And so likewise shall every Fisherman do from London-Bridge Westward, to Gravesend-Bridge in the East, and not otherwise. 6. Item, That no Trinckerman or other Fisherman shall buy any Trincke, or take to receive any Copy under the Seal of the Office of Majoralty until he be allowed and thought fit by the Lord Major of London, or by his Substitute, the Waterbailiff for the time being, with the general liking and consents of the said Company of Trincker-men, and seventeen Trinks allowed, and no more. 7. Item, That no Trincke shall stand to Fish before any breach mouth at the rising or sinking of any mother-fish, or in the time of Spawn or Brood of Fish, and that every Trincke shall at all times and seasons take up and carry away his Anchor at the time of his leaving off from fishing, and not leave his said Anchor behind him to keep his Birth, contrary to the ancient Order and Custom. 8. Item, That each Trincke shall every dark and foggy night hang forth out of his said Trinck-boat one Lantern with sufficient Candle light, for the better and safer passage of Ships, Boats and Vessels passing to and fro upon the said River: And that every Trincke Cable be no more than twenty fathom long at the most; or any Henbilt above twenty two fathom. And likewise to have a Warp of forty fathom to sheer off and give way if any Ship, Crayer, or other Vessel shall chance to drive upon them. 9 Item, That every Trinckerman shall one week before his going forth to Fish come up to the Chapel of Guildhall, London, and there appear before the Water-Baliff, as well to receive leave and licence for their going forth, as also to hear the Orders and Institutions ordained for the preservation of the said River, to be there openly and publicly read, to the end that they may the better observe and keep the said Orders and every thing therein contained. 10. Item, That no Hebber-man Hebber-man. shall fish for Smelts before the twenty fourth day of August yearly, and so to continue till Good-Friday: And that no Hebber-man shall fish in any Haven, Creek, Breach, or Issue with any Net of less Assize than three inches for Flounder, from the Feast of Easter, until the said twenty fourth day of August yearly. And shall likewise appear before the Waterbailiff of London at the Chapel of Guildhall, there to receive leave and licence for their said going forth. And that the Meish of their said Smelt-nets be full inch wet and dry, and not otherwise. 11. Item, That every Hebber-man shall fish by the shore, and pitch their Pole at half Ebb, and shall have but forty fathom Rope allowed from the pitch of their Pole into the River, and not to lie a floring or flatting for Smelts between two Anchors in the midst of the stream, nor shall have any kind of weight of Lead, Iron, Stone, Barrel, Firkin, Kilderkin, Cask, or with any Wherry or other Device. Nor shall fish from Good-Friday till Bartholomewtide yearly, betwixt London-Bridge and Gravesend with any Net under two inches, except with a Wade-net for Bait only. 12. Item, That no Hebber-man shall work any higher for Whiting than Dartford Creck, and to work with no manner of Net for Whiting of less Assize than full inch and half wet and dry: Nor shall go forth to take any of the said Whiting yearly until they be lawfully licenced by the Waterbailiff of London, before whom they are severally to appear at the said Chapel of Guildhall London, one week before Gang-tide yearly. Trawler-man. 13. Item, You shall present the names and surnames of every Trawler unto the Lord Major of London, or his Substitute, the Waterbailiff for the time being. And that no Trawler shall fish above Holl Haven on the North-side, and Porsing on the Southside, till a fortnight after Michaelmas yearly, and all the Summer to use no Net for Sols under two inches and a half in the Cod, being two yards long, and the rest of the Net to be three inches. And no Trawler to work in Tilbury-hope after Michaelmas with any manner of Net under four inches for Plaice all the Net over. And no Trawler to come upon any Trawl with any other Net at any time of the year. 14. Item, To present all such as have pitched, set, or erected any Riff-hedge, or Half-nets upon stakes or otherwise within the full sea and low water, being an Engine utterly to kill small fish, and what Landmen they be upon Kentish shore, or in any other place within the waters of Thames and Medway, that do or have used the same. 15. Item, That no Trawler do stay abroad to fish after Whitsuntide against Wednesday Market till Bartholomewtide yearly, nor that no Trawler do fish in Tilbury-hope upon the Saturday after Sun rising, but to wash off, hale up, and go home, as all other Fishermen ought to do, and according to the old and ancient Custom of the River of Thames and waters of Medway. 16. Item, That every Trawler upon the River Eastwards, do yearly appear before the Waterbailiff of London at the Chapel of Guildhall one week before their true times and seasons of going forth to fish, then and there to receive leave and licence for their said go forth, and to hear the Orders and Institutions ordained for the preservation and government of the River of Thames, to be there openly and publicly read, to the end that they may the better observe and perform the same. 17. Item, That no Trawler that hath or doth use to Trawl to take Sols, Chat, Plaice, or Thornback shall take or bring any such fish to any Market, or to any Country Town to sell, except they contain the assize as followeth; That is to say, every such Sole, Chate, Plaice, and Thornback to contain in length seven Inches with the head and tail, and not under. 18. Item, That no Dragger-man Dragger-man. that hath or doth use to drag for Shrimps, shall go forth to fish till the first day of November yearly, and to continue till Good-Friday: Nor shall use any such Drag at any time of the Year above Maggot Nasse on the Southside, and Stakie-Brake Creek on the Northside, and not otherwise. And that every Dragger-man shall upon the first day of November yearly, appear before the Waterbailiff of London, to receive leave and licence for going forth. Shadders. 19 Item, That all manner of Fishermen whatsoever that use to take Shads in Shadding time, shall observe and keep their true order of shooting a Droves length off from one another, and to present what disorder is kept amongst them, both in going forth upon Sundays or otherwise. And that none of the said Shadders shall go forth to fish until they have received leave and licence of the Lord Major of London, or his Substitute the Waterbailiff for the time being, their true time of going forth to be the week before Easter yearly and not before. 20. Item, That no Peterman Peter-men. whatsoever from London-Bridge in the West, as far as the River of Medway in the East, shall fleet for Flounder with any Rugge-net in the night time, from Sun going down until day light the next morning betwixt Michaelmas and Christmas, because in the night time they make great destruction of small Flounder, and carry them away both unseen and unknown. Nor that no Peterman do fish with any Hagan or Smelt-net below London-Bridge at any time of the Year. 21. Item, That no Peterman or other person whatsoever shall fish betwixt London-Bridge and Limehouse Nasse with any manner of Net to fleet, beat, or rug at any time of the Year, except for Shads only; Nor that no Peterman do rug from London-Bridge to Blackwall, and so Eastward, from Michaelmas yearly till Whitsuntide, but only three Easts at high water, and three casts at low water in an out, and every Rugge-net is to contain two inches three quarters in the Meish wet and dry, and every Bley-net two inches and a half throughout wet and dry. 22. Item, That no Fisherman or other person whatsoever, shall lay down in the River of Thames Eastward any Smelt-leaps Smelt-leaps. before St. Paul's day yearly, and so to continue till Good-Friday next following, and no longer. Nor that no Fisherman or other person shall lay in the said River any more than only one wand of eighteen and no more, and not to lay them down until they be lawfully licenced thereunto by the Lord Major or Waterbailiff, and none to use them but Fishermen and Householders. 23. Item, That no Fisherman or other person shall lay in the said River of Thames any Eel-leaps Eel-leaps. till fourteen days after Easter yearly, and so to continue until Michaelmas next following: Nor shall lay any more or greater quantity than only two dozen, and no more: Nor shall lay any of the said Eel-leaps until they be lawfully licenced thereunto as aforesaid, and not otherwise. 24. Item, That no Fisherman or other person whatsoever, shall use upon the River of Thames, at any time of the Year, any Spear called an Eel-spear, Eel-spear. or any other kind of Spear whatsoever, for that they are great destroyers of young brood and other kind of Fish in great abundance, and therefore altogether unlawful, no man to use them upon pain of Imprisonment, and further Fine at the discretion of the Lord Major. 25. Item, You shall further inquire, Forestalling. and true presentment make, of all such persons as do use to go down the River to buy up either Fish, Victuals, or other Commodities before the same cometh to Billingsgate and other Keys, being known and appointed places of sale, vent and discharge thereof; if you know any such, you shall present who they be, and how often they have so done. 26. Item, That no Fisherman or other person whatsoever, Fish out of season. shall work with any manner of Net or Engine whatsoever, to take or kill any Dace or Roch from the Tenth of March till the Tenth of May yearly, for that they do then shed their Spawn: Nor that they take or kill any of the said Dace, Roch, or other kind of Fish out of their due kind or season, nor except they contain in length according to the true scantling and assize, and not otherwise. 27. Item, You shall further inquire, Soil and Rubbish. and true presentment make, whether any Butcher, Brewer, Innkeeper, or any other person or persons, as well within the City of London, as in any other Country Town or Village (as far as the Liberty of the Lord Major extendeth) have cast or put into the said River, any Paunches, Grains, Horse-dung, or any other Rubbish, Soil, or Filth whatsoever, to the very great annoyance and hurt of the said River, on pain of Imprisonment, and further fine at the discretion of the Lord Major of London: If you know any such you shall present them. 28. Item, You shall further inquire what Royal Fishes Royal fish. have been taken within the jurisdiction and Royalty of the Lord Major of London, as namely, Whales, Sturgeons, Porpoises, and such like, and to present the name and names of all such persons as shall take them to the Lord Major of London for the time being. 29. Item, That no Fisherman or other person whatsoever shall lay in the said River of Thames any Lampern Leaps to take Lamperns before Bartholomew-tide yearly, Lampern rods. and so to continue till Good-Friday, nor shall lay any more or greater quantity then only one rod of forty fathom, containing seven dozen of Leaps and not above: Nor shall lay any of the said rods until they shall be lawfully licenced by the Lord Major of London, or by his Substitute, the Waterbailiff for the time being. 30. Lastly, Because the number of Fishermen do daily increase, and not only Fishermen, but also a great number of Cable-hangers and Tradesmen, such as were never bound Apprentice to the craft and science of Fishing, to the great hurt of the River and hindrance of Fishermen, the said River being not able to relieve and secure the multiplicity of them being so great: It is now ordained, That every Fisherman dwelling near unto the said River, that doth take and receive into his or their custody any Apprentice to the said Trade of Fishing, shall within one Month next after, repair unto the Waterbailiff of London to have his Indenture written and engrossed, to the end that after he may present him to the Chamberlain of London to be enroled, according to ancient Custom. And not to receive any Apprentice under the term of seven years. And at the end and expiration of the said term, the Master of the said Apprentice do again present him to the said Waterbailiff, to be by him admitted and allowed a Fisherman. And finally, You shall inquire and true presentment make, by the Oaths that you and every of you have taken, whether any Fisherman or other Person whatsoever they be, have with any manner of Net or Engine offended or misused himself in fishing within the said River, or whether they have any manner of ways made destruction of the brood and fry of any kind of Fish therein contained, contrary to the good and ancient Laws, Ordinances, and Constitutions of the said River of Thames. And to make a true, perfect and faithful Presentment of all other kind of Enormities, Hurts, Offences and Annoyances, touching as well Fishermen, as any other person or persons within the said jurisdiction, being any manner of ways hurtful or offensive to the same. At a Court of Aldermen the Tenth of July 1673. an Order was made as followeth, viz. THis Court considering the great Decay of the Fishing Trade in the River of Thames, and conceiving, That drawing the Shores (of late so frequently practised) is the chief Ground thereof, as tending to the great Prejudice and utter Destruction of the Brood and Fry of all sorts of Fish, did thereupon this Day strictly order and enjoin, That no person do hereafter presume to draw the Shores in the River of Thames upon any pretence whatsoever at any time or season of the Year, either with lawful or unlawful Nets, save only for Salmon in Rooms appointed and set out for that purpose by this Court: And that none do fish for Salmon in such Rooms, but only such as shall be impowered thereunto under the Seal of the Majoralty of this City: And also that none fish with a Net under six Inches in the Meash, upon pain that every Offender shall forfeit for every such Offence his Nets, and pay as a Fine the Sum of Twenty pounds, and suffer Imprisonment during the pleasure of this Court. And to the end more diligent and strict Search may for the future be made upon the said River than hitherto hath been, or possibly can be by one single person, for such as fish with unlawful Nets, at unlawful Times, and in an unlawful Manner; The Waterbailiff for the time being is by this Court ordered and impowered, from time to time to authorise Two or more honest Fishermen, in such Town and Places as he shall think convenient, as well below as above the Bridge, to be assistant to him in the Execution of his Duty. And when they shall think fit, to go out and search for any such Offenders, and to take away their Nets, and give their Names to Mr. Waterbailiff, that he may take effectual Care, that they be severely proceeded against according to Law. Wagstaffe. The Title of the Lord Major of the City of London to and for the Conservacy of the River of Thames. INprimis, The Major of the said City for the time being, and all other his Predecessors, Governors of the same City time out of mind, have had and exercised the room of Conservacy of the River of Thames, and the correction and punishment of all manner of Fishermen, and all other persons offending within the said River. Item, King Edward the Third by his Charter hath granted, That the Citizens of London shall remove and take away all Kidels in the Water of the River of Thames and Medway, and shall have the punishment to the King belonging thereof coming. Item, By the Statute made in the Seventeenth year of the Reign of King Richard the Second, it is ordained, That the Major of London for the time being, shall have the conservacy of the Thames, and put in execution the Statutes of 13 Edw. 1. and 13 Rich. 2. from the Bridge of Stanes to London, and from thence over the same water, and in the water of Medway. Item, King James by his Charter to the City, Dated the 20th of August in the third year of his Reign, takes notice of the Lord Major's Right to the Office of Bailiff and Conservation of the River of Thames, in these words, or to this effect. Charta Jacobi Regis concessa Civibus Londini de Conservatione Rivi Thamesis, inter alia geren' Dat' vigesimo die Augusti Anno Regni sui Tertio. JAMES by the Grace of God of England, Scotland, France, and Ireland, King, Defender of the Faith, etc. To all to whom our present Letters Patents shall come, Greeting; Whereas our beloved in Christian part, the Major and Commonalty and Citizens of our City of London, time out of memory of man, have had, exercised, and aught and have accustomed to have and exercise the Office of Bailiff and Conservation of the Water of Thames, to be exercised and occupied by the Major of the same City for the time being, during the time of his Majoralty, or by his sufficient Deputies, in and upon and about the water of Thames; That is to say, From the Bridge of the Town of Stains in the County of Middlesex, and towards the West unto London-Bridge, and from thence to a certain place called Kendal, otherwise Yenland, otherwise Yenleet, towards the Sea, and East and in Medway, and in the part of the City of London aforesaid, and upon whatsoever Bank, and upon every Shore and every Wharf of the same Water of Thames within the Limits and Bounds aforesaid. And in, upon, and about all and every of them. And also for all the time aforesaid, have had and taken, and aught and have accustomed to have and take to their own proper use, by the Major of the aforesaid City for the time being, during the time of his Majoralty, or his sufficient Deputies, all wages, regards, fees and profits appertaining and belonging to the same Office of Bailiff, We therefore, to the Intent that the said Major and Commonalty and Citizens may more securely, freely, and quietly use, have, exercise, and enjoy the Office aforesaid, and the fees, wages, regards, and profits thereunto belonging to them and their Successors for ever, of our especial Grace and certain knowledge and mere motion, have granted, and by these Presents for Us, our Heirs and Successors, do grant to the foresaid Major and Commonalty and Citizens, and their Successors, That they the aforesaid Major and Commonalty and Citizens, and their Successors, may exercise and execute the aforesaid Office of Bailiff and Conservation of the Water of Thames by the Major of the said City for the time being, during the time of his Majoralty, or his sufficient Deputies, from time to time for ever, in, upon, or about the same water of Thames; That is to say, from the aforesaid Bridge of Stains in the County of Middlesex towards the West, to the Bridge of London, and from thence to a certain place called Yendall, otherwise Yenland, otherwise Yenleet, towards the Sea and East and in Medway, and in the Port of the City of London aforesaid, and upon whatsoever Bank, and whatsoever Shore, and whatsoever Wharf of the same Water of Thames, within the Limits and Bounds aforesaid, in, upon, and about every one of the same, and to have, receive, collect, and enjoy all and singular wages, regards, fees, and profits to the same Office of Bailiff pertaining and belonging, to the proper use of the same Major and Commonalty and Citizens, by the Major of the City aforesaid for the time being, during the time of his Majoralty, or by his sufficient Deputies, without the hindrance of Us, our Heirs, or Successors, or any of our Officers, Bailiffs, or Ministers, or of our Heirs or Successors, or our Admiral of England, or of our Successors or any others of our Subjects, or of our Heirs or Successors whatsoever, or of any grant by Us, our Heirs or Successors to be made to the contrary, To have, hold, and enjoy the aforesaid Office, and all and singular the Premises, with all and singular Wages, Regards, Fees, Profits, and Appurtenances whatsoever to the said Office belonging or appertaining to the aforesaid Major and Commonalty and Citizens, and their Successors for ever, by the Major of the foresaid City for the time being, during the time of his Majoralty, or by his sufficient Deputies to be exercised and executed without any Account, or any other thing to be rendered or made thereof to Us, our Heirs, or Successors, So as no other Bailiff or Conservator of the aforesaid Water, shall be or shall in any wise intermeddle in the Premises. THE COURT OF REQUESTS, Commonly called The Court of Conscience. THE first beginning of this Court was in the Ninth Year of King Henry the Eighth, by Act of Common Council then made, whereby it was ordained, That the Major and Aldermen of the City of London should monthly assign and appoint two Aldermen and four Commoners to be Commissioners, to sit in the same Court in Guildhall, upon Wednesday and Saturday in every week, there to hear, examine, and determine all Matters brought before them between party and party, Citizens of London, where the Debt did not exceed forty shillings, which Act was to continue two years and no longer. But being found beneficial for the relief of such poor Debtors as could not make present payment of their Debts, and also to be a great ease and help to such poor persons as had small Debts owing to them, and were not able to prosecute a Suit in Law for the same. The said Act hath since been continued by divers other Acts of Common Council; and besides the two Aldermen monthly assigned, the number of Commissioners was increased from four to twelve, and by that authority the same Court continued till the first Year of the Reign of King James: And then divers malicious people slighting the Authority of the same Court, and not regarding the expense, how great soever, if they might ruin their poor Debtors: And being often animated thereunto by divers Attorneys and Solicitors, did frequently commence Suits for petty Debts and Causes against poor men (Citizens of London) in the High Courts at Westminster or elsewhere, out of the said Court of Requests to avoid the Jurisdiction thereof, and to bar the said Commissioners from staying such Suits, and examining the said Causes, and thereby caused such poor men many times to pay ten times as much Charges as the principal Debt did amount unto to the undoing such poor men, their Wives, and Children, and also to the filling of the Prisons with the poor so sued. For Remedy whereof, and for the strengthening and establishing the said Court. An Act of Parliament was made in the third Year of the Reign of King James, Entitled, An Act for the recovering of small Debts, and for the relieving of poor Debtors in London. The Tenor of which Act is as followeth. WHereas by virtue of divers Acts of Common Council made within the City of London, the Lord Major and Aldermen of the same City, for the Relief of poor Debtors dwelling within the said City, have accustomed monthly to assign two Aldermen and twelve discreet Commoners to be Commissioners, and sit in the Court of Requests, commonly called the Court of Conscience, in the Guildhall of the same City, there to hear and determine all matters of Debt not amounting to the sum of xlx. to be brought before them: And whereas at the Sessions of Parliament holden at Westminster, the Nineteenth day of March, in the first Year of the Reign of our Sovereign Lord the King's Majesty that now is, for the further Relief of such poor Debtors, and more perfect establishing of the said Court, there was made and provided and Act, entitled, An Act for recovery of small Debts, and relieving of poor Debtors in London: And whereas since the making of the said Act, divers persons intending to subvert the good and charitable intent of the same, and taking hold of some doubtful and ambiguous words therein, do wrest the same for their own lucre and gain, to the avoiding the jurisdiction of the said Court, contrary to the godly meaning of the said Act. For the Remedy whereof, and to the intent that some more full and ample provision may be made for the Relief of such poor Debtor, Be it enacted by Authority of this present Parliament, That every Citizen and Freeman of the City of London, and every other person and persons inhabiting, or that shall inhabit within the said City, or the Liberties thereof, being a Tradesman, Victualler, or a Labouring man, which now have, or hereafter shall have any Debt or Debts owing unto him or them, not amounting to Forty shillings, by any Citizen, or by any other person or persons being a Victualler, Tradesman, or Labouring man, inhabiting, or that shall inhabit within the said City, or the Liberties thereof, shall or may cause such Debtor or Debtors to be warned or summoned by the Beadle or Officer of the said Court of Requests for the time being, by writing to be left at the dwelling house of such Debtor or Debtors, or by any other reasonable warning or notice to be given to the said Debtor or Debtrs to appear before the Commissioners of the said Court of Requests, holden in the Guildhall of the said City: And that the said Commissioners, or any three of them or more, shall have power and authority by virtue of this Act, from time to time, to set down such Order or Orders between such party or parties Plaintiffs, and his or their such Debtor or Debtors Defendants, touching such Debts not amounting to the value of Forty shillings, in question before them, as they shall find to stand with Equity and good Conscience: All such their Order or Orders to be registered in a Book, as they have been accustomed, and as well the party Plaintiff, as the Debtor or Defendant, to observe, perform and keep the same in all points. And that for the more due proceeding herein, it shall be lawful for the same Commissioners, or any three or more of them, to minister an Oath to the Plaintiff or Defendant, and also to such Witnesses as shall be produced on each party, if the same Commissioners, or any three of them or more shall so think it meet. And be it further Enacted by the Authority aforesaid, That if in any Action of Debt, or Action upon the Case upon any Assumpsit for the Recovery of any Debt, to be sued or prosecuted against any the person or persons aforesaid, in any of the King's Courts at Westminster, or elsewhere out of the said Court of Requests, it shall appear to the judge or judges of the Court where such Action shall be sued or prosecuted, that the Debt to be recovered by the Plaintiff in such Action doth not amount to the sum of Forty shillings, and the Defendant in such Action shall duly prove either by sufficient Testimony, or by his own Oath, to be allowed by any the judge or judges of the said Court where such Action shall depend, that at the time of the commencing of such Action, such Defendant was inhabiting and resident in the City of London, or the Liberties thereof, as above, That in such case the said judge or judges shall not allow to the said Plaintiff any Costs of Suit, but shall award that the same Plaintiff shall pay so much ordinary Costs to the party Defendant, as such Defendant shall justly prove before the said judge or judges, it hath truly cost him in defence of the said Suit. And be it further Enacted, That if any such Plaintiff or Creditor, Defendant or Debtor, after warning given to him or them, in manner and form before in this Art mentioned, by the said Officer of the said Court of Requests, shall without some just or reasonable cause of Excuse refuse to appear in the said Court before the said Commissioners, or shall not perform such order as the said Commissioners, or any three or more of them, shall set down, or concerning such Debts as aforesaid, That then it shall be lawful for the said Court, or any other of the Sergeants at Mace of the said City by Order of the said Commissioners, or any three or more of them, to commit such party or parties to prison, into one of the Counters of the said City, there to remain until he or they shall perform the order of the said Commissioners in that behalf. Provided always, That this Act, or any thing therein contained, shall not extend to any Debt for any Rent upon any Lease of Lands or Tenements, or any other real Contracts, nor to any other Debt that shall arise by reason of any cause concerning a Testament or Matrimony, or any thing concerning or properly belonging to the Ecclesiastical Court, albeit the same shall be under Forty shillings; Any thing before contained to the contrary in any wise notwithstanding. THe Lord Major and Court of Aldermen do monthly assign such Aldermen and Commons to sit as Commissioners in the said Court as they think fit: And the same persons, or any three of them, make a Court, and do sit in Guildhall every Wednesday and Saturday in the Forenoon, to hear and determine such Causes as come before them. A Cause may be brought and determined in this Court for 10 d. Charge, viz. Six pence for the Plaint and the Summons, and 4 d. for the Order: But if the Defendant do not appear the second Court day after Summons, an Attachment will be awarded against him, which will compel him to appear, and increase the Charge. If any Citizen shall be arrested for a Debt under 40 s. this Court will grant a Summons for the Plaintiff in the Action; and if he appear not the first Court day after the Summons left at his House, will grant an Attachment against him, and force him to take his Debt, and pay the Defendant his Costs. And if any Attorney in London shall presume to go on in any such Suit after notice to the contrary, or shall refuse to obey the Order of this Court, upon Complaint thereof made to the Court of Aldermen, they will suspend such person. In the Majoralty of Sir Craven, an Attorney in the Sheriff's Court was sent for by the Commissioners sitting in this Court; and he refusing to come before them, they made Complaint to the Court of Aldermen, who thereupon made an Order as followeth. Craven Major. Jovis 24ᵒ die Januarij Anno Domini 1610. Annoque Regis Jacobi Angl' &c. octavo. THis day Sir John Jowls Knight and Alderman of this City, did declare unto this Court, That he and three discreet Commoners of this City (amongst others) assigned by this Court to be Commissioners for this instant Month of January for the Court of Requests, commonly called the Court of Conscience, according to an Act of Parliament made in the Third Year of the Reign of the King's Majesty that now is: And that they sitting in the said Court of Conscience in the Guildhall of this City yesterday last being Wednesday the three and twentieth of this instant January, to hear and determine Matters for the Recording of small Debts, and relieving of poor Debtors in this City, according as by the said Act of Parliament they are authorized, and only out of a conscionable Care to be certainly informed of the true state of a Case brought before them, and which was depending in the Sheriff's Court, where they were informed that Thomas Hutton, one of the Attorneys in the Sheriff's Court, was retained for the Plaintiff in the said Court: And the said Hutton being in the Guildhall in the view of the said Sir John Jowls, and other the Commissioners, the said Commissioners commanded the Beadle of the said Court to go to the said Hutton, and require him presently to come to the said Sir John Jowls and the other Commissioners. And albeit the Beadle went two several times to him, yet the said Hutton peremptorily and contemptuously made answer, That he neither could nor would come to them. The which being here examined in full & open Court, and the said Hutton called to answer the same, was in part confessed by the said Hutton, and also proved by the Oath of the Clerk and Beadle of the said Court of Requests. And to aggravate the said Offence and Contempt, the said Hutton here in open Court, did affirm, That he knew not what Authority that Court had to send for him. The which Indignities and Contempts offered to Commissioners chosen by this Court, and established by Act of Parliament, and to an Alderman of the City of London by a Subordinate Officer of this City, This Court do generally hold the same intolerable, and the said Hutton worthy of severe and condign punishment: And therefore do order and decree that the said Thomas Hutton shall be presently and absolutely dismissed, and this Court doth absolutely dismiss him of and from his said Place and Office of One of the Attorneys of the said Sheriffs Court aforesaid. And Mr. Dale, one of the judges of the said Court, was sent for, and being here private, was required to take notice thereof, and to publish the same in the Sheriff's Court, and to take private Order that the said Thomas Hutton be not admitted hereafter to practise any more in the said Court. The Clerks Fees of this Court. FOr every Plaint 2 d. For every Appearance 2 d. For every Order 4 d. For every Precept or Warrant to commit to Prison 6 d. For every Search 2 d. For every satisfaction acknowledged upon an Order 6 d. Beadle's Fees. FOr warning every person within the Liberties 4 d. For warning every person without the Liberties 6 d. For serving every Precept or Warrant 4 d. THE SHERIFF'S COURTS. EAch Sheriff holds a Court of Record in Guildhall, viz. every Wednesday and Friday, for Actions entered at the Woodstreet Compter, and every Thursday and Saturday for Actions entered at the Poultry Compter. There is eight Attorneys belonging to these Courts, who of right aught to have three Fees in every Cause that is or shall be brought to Trial; viz. a Fee For the Appearance, a Fee at Issue, and a Fee upon Summons for Trial: But if the Cause shall be summoned more than once, he is to have a Fee upon every Summons. Note, That an Attorneys Fee in this Court is 1 s. 8 d. and no more. The Attorneys of these Courts are admitted by the Court of Aldermen, and must take the following Oath. The Oath of the Attorneys of the Sheriff's Courts. YE shall swear that ye shall well and lawfully do your Office of Attorney, and well and lawfully examine your Client, and their quarrel without Champarty, and without procuring of any juries or any Enquest embracing. And that ye shall change no quarrel out of his nature after your understanding. Also ye shall plead Ne ley, ne suffer to be pleaded or laid by your assent no Foreign Release, Acquittance, Payment, Arbitration, plain Account whatsoever it be to put the Court out of his jurisdiction, nor none other matter, but it be such as ye may find rightful and true by the Information of your Client, whose information and saying upon your Oath and Conscience ye shall think to be true. And ye shall not inform ne enforce any man to sue falsely against any person by false or forged Action. Ready ye shall be at all times to come and attend at the warning of the said Major, and of the Sheriffs of the said City, unless ye be letted about the business of this City, or for some other reasonable cause. The Franchises, Laws and Ordinances of this City you shall keep, and do to be kept to your power. And that well and lawfully ye shall do all things that to the Office of Attorney pertaineth to do. As God help you. There is two Secondaries, two Clerks of the Papers, two Prothonatories, and eight Clerk-sitters belonging to these Courts. The Secondaries allow and return all Writs brought to remove Causes out of these Courts. The Clerks of the Papers file and copy all Declarations upon Actions in these Courts. The Prothonatories do draw and engross all such Declarations. The Clerk-sitters enter Actions and Attachments, and take Bails and Verdicts. The Attorneys have not the custody of any Record belonging to these Courts; their business is only to take their Fees due to them in every Cause, and to give their Client's notice of Declarations and Trials, and to advise them when and what to plead. All Subpoena's for Witnesses to appear in these Courts, are made by the Clerks belonging to the Judges of these Courts. The Fees for a Trial in these Courts. The Action 0 4 The Arrest 1 0 The Attorneys Fee 1 8 The Declaration if general 1 4 The Court Fees hereon 0 8 The Deletur 0 4 The Issue and Attorneys Fee 4 0 The Summons of the Jury and Attorney's Fee 4 8 The Subpoena 2 0 The Council well deserve 5 0 The Juries Verdict 4 6 The Judgement 2 6 The Execution 1 4 If the Declaration be special the Prothonatories' Fee for every sheet drawing and engrossing is 0 8 The Defendants Fees for a Trial. The Attorneys Fee for Appearance, and the Court Fees 2 6 The Copy of the Declaration 4 d. per sheet. The Issue and Attorneys Fee 3 8 Attorneys Fee upon the Summons 1 8 After a Verdict obtained in either of these Courts, and before Judgement entered, the Defendant may stop Judgement by marking the Cause before the Lord Major for time to pay the Money recovered; which he may do by speaking to an Attorney in the Major's Court, and giving him 4 s. 10 d. for that purpose. My Lord Major sits only upon Saturday to hear marked Causes; and if upon hearing both Parties, it shall appear to his Lordship that the Plaintiff obtained a Verdict for more than his just Debt, his Lordship may remit the Cause to Judgement for the just Debt only, and give such time to pay the same as he shall think reasonable: But his Lordship always order the Defendant to give good Security to pay the Recovery at such times as his Lordship directs, and to pay the Costs in fourteen days. The Attorneys in the Major's Court always move for time, although the Verdict was in the Sheriff's Court, and his Fee for moving is 1 s. 8 d. The Plaintiff must pay for his Lordship's Order, and entering it 2 s. 10 d. Which Charges will be allowed to the Plaintiff upon taxing of Costs. In these Courts may be tried Actions of Debt, Case, Trespass, Account and Covenants broken; as also Attachments and Sequestrations. If either party shall have a Witness that cannot stay in London till the day of Trial, his testimony may be taken in writing, which will be allowed as good Evidence. The method for examining such Witness is thus; First, his name and place of abode must be delivered in writing to the adverse Attorney; and then he must be examined and sworn by the eldest Attorney in the Lord Major's Court, whose Fee for the Examination and Copy is 3 s. 4 d. After the Examination the adverse Attorney may have a Copy thereof, for which he must pay 2 s. The two eldest Clerks in these Courts for the time being, are Attorneys of the Pye-powder Court held during the first three days of Bartholomew Fair, for the examining and trying all Suits brought for petty Matters and Offences there committed, contrary to the Proclamation hereafter mentioned. The Lord Major and Aldermen do Annually cause a Proclamation to be made for the better regulating this Fair. The tenor whereof is as followeth. The Proclamation made on Bartholomew Eve in the Afternoon at the great Gate going into the Cloth Fair. THe Right Honourable Sir R. C. Kt. Lord Major of the City of London, and his Right Worshipful Brethren the Aldermen of the said City, straight charge and command, on the behalf of our Sovereign Lord the King, That all manner of persons of whatsoever estate, degree, or condition they be, having recourse to this Fair, keep the Peace of our said Sovereign Lord the King. That no manner of Persons make any Congregation, Conventicles, or Affrays, by the which the same Peace may be broken or disturbed, upon pain of Imprisonment and Fine to be made after the discretion of the Lord Major and Aldermen. Also that all manner of Sellers of Wine, Ale, or Beer, sell by Measures ensealed, as by Gallon, Pottle, Quartfield, and Pint, upon pain that will fall thereof. And that no Person sell any Bread, but if it keep the Assize, and that it be good and wholesome for man's body, upon pain that will fall thereof. And that no manner of Cook, Pyehalter, nor Huckster, sell, nor put to sale, any manner of Victual, but it be good and wholesome for man's body, upon pain that will fall thereof. And that no manner of Person buy nor sell, but with true Weights and Measures, sealed according to the Statute in that behalf made, upon pain that will fall thereof. And that no manner of Person or Persons take upon him or them within this Fair, to make any manner of Arrest, Attachment, Summons, or Execution, but if it be done by the Officers of this City thereunto assigned, upon pain that will fall thereof. And that no Person or Persons whatsoever, within the limits and bounds of this Fair, presume to break the Lords Day in selling, showing, or offering to sale, or in buying, or offering to buy, any Commodities whatsoever, or in sitting, tippling, or drinking in any Tavern, Inn, Alehouse, Tippling-house, or Cook's house, or in doing any other thing that may tend to the breach thereof, upon the pains and penalties contained in several Acts of Parliament, which will be severely inflicted upon the breakers thereof. And finally, That what Persons soever find themselves grieved, injured, or wronged by any manner of Person in this Fair, that they come with their Plaints before the Stewards in this Fair assigned to hear and determine Pleas, and they will minister to all Parties justice, according to the Laws of this Land, and the Customs of this City. THE CHAMBERLAINS COURT OR OFFICE. THe Chamberlain of London keeps his Office in the Chamber of Guildhall, and is entrusted with Orphan's Moneys and the City's Cash, he is Annually elected, and gives very good Security to the Court of Aldermen to pay, and make good whatsoever Cash shall be delivered to him, and once every year gives an Account to Auditors appointed and chosen for that purpose. He is also entrusted with the City's Leases; and all Bonds and Securities taken by the Court of Aldermen for Orphans Moneys. He attends at Guildhall usually every Forenoon to Enrol and turn over Apprentices, and to make such Free as have duly served the full term of Seven years, and have not married nor taken wages in that time. Upon the admission of every Person into the Freedom of London, Mr. Chamberlain causes them to take the following Oath. The Oath of every Freeman of the City of London. YE shall swear, that ye shall be good and true to our Sovereign Lord King CHARLES, and to the heirs of our said Sovereign Lord the King. Obeisant and obedient ye shall be to the Mayor and Ministers of this City. The Franchises and Customs thereof ye shall maintain, and this City keep harmless in that that in you is. Ye shall be contributory to all manner of charges within this City, as Summons, Watches, Contributions, Taxes, Tallages, Lot and Scot, and to all other charges, bearing your part as a Freeman ought to do. Ye shall colour no foreign goods under or in your name, whereby the King or this City might or may lose their Customs or advantages. Ye shall know no Foreiner to buy or sell any Merchandise with any other Foreiner within this City or Franchise thereof, but ye shall warn the Chamberlain thereof, or some Minister of the Chamber. Ye shall implead or sue no Freeman out of this City, whilst ye may have Right and Law within the same City. Ye shall take no Apprentice, but if he be freeborn, that is to say, no bondman's son, nor the child of any Alien, and for no less term than for seven years, without fraud or deceit: and within the first year ye shall cause him to be enroled, or else pay such fine as shall be reasonably imposed upon you for omitting the same. And after his terms end, within convenient time (being required) ye shall make him free of this City, if he have well and truly served you. Ye shall also keep the King's Peace in your own person. Ye shall know no Gatherings, Conventicles nor Conspiracies made against the King's Peace, but ye shall warn the Mayor thereof, or let it to your power. All these Points and Articles ye shall well and truly keep according to the Laws and Customs of this City to your power. So God you help. If any Master shall refuse to make his Apprentice free when the term in his Indenture is expired; upon complaint thereof made Mr. Chamberlain will cause such Master to be summoned before him, and if he cannot show good cause to the Contrary, will make the Apprentice Free. If an Apprentice shall be unruly or disorderly in his Master's House, or commit any notorious Fault, upon complaint made thereof, Mr. Chamberlain will send one of his Officers for such Apprentice, and send him to Bridewell, or otherwise punish him, according to the nature of the Offence. If any Master shall misuse his Apprentice by beating him unreasonably, or with unlawful weapons, or by neglecting to instruct him, or to find him necessaries, upon complaint thereof made, Mr. Chamberlain will send a Summons for the Master to appear before him; and upon hearing both Parties, will relieve the Apprentice, or leave him to take his remedy against such Master in the Lord Majors Court. If any Freeman shall refuse to appear before the Chamberlain, being duly summoned, my Lord Major, or Mr. Recorder, upon complaint thereof made, will grant a Warrant to apprehend such Person, and compel him to appear; for which Warrant the Fee is 1 s. When an Apprentice is by consent of his Master to be turned over to another Master of the same Trade, it cannot be done by any Scrivener. But the Apprentice ought first to be turned over before the Company where he was bound, and then to be turned over before the Chamberlain: And it is to be observed, that if an Apprentice be turned over by the Company only, it is no Obligation upon the second Master to keep such Apprentice, nor is the Apprentice compellable thereby to serve such second Master, but may departed from the Service of such second Master at his pleasure, by fuing out his Indentures against his first Master, which may be done without the privity or knowledge of the second Master; and therefore it is absolutely necessary that all Apprentices should be turned over before the Chamberlain, for thereby the first Master is discharged from him, and the second Master obliged to keep him, and the Apprentice will be obliged to serve the second Master the full term of the Indentures: Although the same were made for nine years or more. It is the interest and advantage of every Master and Apprentice, when any difference happens between them, to refer the matter to the Chamberlain, who will freely hear both Parties, and decide the Controversy for three shillings Charge; viz. 1 s. to the Officer for the Summons, and 2 s. to the Clerk for the Order: Whereas if they proceed at Law for relief, it may probably cost both Parties 6 l. if not more, in Charges; and the Conclusion may be less satisfactory than if decided by such reference as aforesaid. Fees due to the City upon the making Free and Inrolling Apprentices. s. d. An Apprentice made Free, not Enrolled, the Master pays 13 2 The Apprentice pays 1 0 If not turned over before the Chamberlain, than the Master or Mistress must pay extraordinary 2 0 If an Apprentice shall omit to take his Freedom within convenient time after his time is expired, Mr. Chamberlain may impose such Fine upon the Apprentice, as he shall think fit for such his neglect. Fees due to the Clerk of the Chamber. s. d. For every Copy of a Freedom, if by Service 2 6 To the under Clerk is usually paid 0 6 For every Copy of a Freedom, if by Nativity out of London 5 0 To the under Clerk 0 6 For every Copy of a Freedom, if by Nativity within London 4 0 To the under Clerk 0 6 For every Copy of a Freedom that is purchased or given 4 0 To the Clerk 0 6 For every second Copy of a Freedom 2 6 To the under Clerk 0 6 For every Copy of an enrolment 2 0 To the under Clerk 0 6 For every Indenture that is lost 2 0 For every search 1 0 For every enrolment 0 4 For every Turn-over 0 4 For every Order without a Reference 1 0 For every Order upon a Reference 2 0 For every Warrant 1 0 For every Summons within the Liberties 1 0 For every Summons without the Liberties 2 0 Every Freeman ought to take particular care not to make an Apprentice Free of London, by testifying for his Service, unless such Apprentice shall have really served him: For if he shall privately turn his Apprentice over to a Foreigner, and let the Apprentice serve such Foreigner, and testify to the Chamberlain that the Apprentice served a Freeman, in such case the Master and Apprentice may be disfranchised, and fined at the pleasure of Mr. Recorder, and Mr. Chamberlain will in such case cause the Freeman's Shop to be shut up. If a Master shall make his Apprentice Free, by testifying that his Apprentice served the full term of Seven years, when in truth the Apprentice did not serve so long, both the Master and Apprentice may be disfranchised for testifying an untruth: For it is contrary to a Freeman's Oath; the words therein being, Ye shall take none Apprentice for no less term than for Seven years, without fraud or deceit. Ye shall make him Free if he have well and truly served you. And if a Freeman well considers his Oath, he will not do any act contrary thereunto for lucre, or to pleasure another. And for that most Freemen do in time come to be Constables and Scavengers, it may not be unnecessary to insert the Oath to be by them taken before they Execute such places. The Oath of the Constables within the City of London. YE shall swear, that ye shall keep the Peace of our Sovereign Lord the King well and lawfully after your power: And ye shall Arrest all them that make Contest, Riot, Debate, or Affray, in Breaking of the said Peace, and lead them to the House or Compter of one of the Sheriffs: And if ye be withstood by strength of Misdoers, ye shall rear on them an Outcry, and pursue them from Street to Street, and from Ward to Ward, till they be Arrested: And ye shall search at all times, when ye be required by the Scavengers or Beadles, the common noisance of your Ward: And the Beadle and Raker ye shall help to rear and gather in their Salary and Quarter-age, if ye be thereunto by them required. And if any thing be done within your Ward against the Ordinance of this City, such Defaults as ye shall find there done, ye shall then present to the Major and Ministers of this City: And if ye be letted by any person or persons, that ye may not duly do your Office, ye shall certify the Major and Council of the City of the name or names of him or them that so let you. Ye shall also swear that during the time that ye shall stand in the Office, and occupy the room of a Constable, ye shall once at the least every Month certify and show to one of the Clerks of the Major's Court, and in the same Court, as well the names as surnames of all Freemen which ye shall know to be deceased within the Month in the Parish wherein ye be inhabited, as also the names and surnames of all the Children of the said Freemen so deceased, being Orphans of this City. And you shall inquire of all and every the Offences done contrary to the Statutes made 1, 4, & 21 Jac. to restrain the inordinate haunting and tippling in Inns and Alehouses, and for repressing of Drunkenness and other disorders, and thereof due presentiments make, according to the same Statutes, And thus ye shall not leave to do, as God you help, etc. The Oath of a Scavenger within the City of London. YE shall swear, that ye shall diligently oversee that the Pavements within your Ward be well and sufficiently repaired, and not made too high in noisance of your Neighbours: And that the Ways, Streets, and Lanes be cleansed of Dung, and all manner of Filth, for the honesty of this City: And that all the Chimneys and Furnaces be of Stone or Brick, sufficiently and defensively made against peril of Fire. And if ye find any the contrary, ye shall show it to the Alderman of your Ward, so that the Alderman may ordain for the amendment thereof. And thus ye shall do, as God you help. THE TABLE Containing the Principal Matters IN THIS BOOK. A Action's in the Major's Court, how to be entered. Pag. 4. Actions of Debt Case Trespass Account ibid. Actions of Covenants broken Debt at Chamberlains Suit Debt on a Penal Statute 5 Action in Major's Court continues in force for ever 6 Actions in Sheriffs Courts continue in force but sixteen week's ibid. Action in Major's Court, Charge to try it ibid. Action not to be removed, if six weeks between Bail and Issue ibid. Action cannot be removed into the Sheriff's Court ibid. Action in Sheriffs Courts may be removed into the Major's Court, and how ibid. Act of Common Council against Foreigners 7, 21 Act of Common Council against employing Foreigners 15 Attachments in the Major's Court, the advantages of making them in that Court more than the Sheriffs Courts 19, 20, 33, 34, 35, 36 Act of Common Council for regulating the Courts of Law in Guildhall 22 Appraisement of Goods, how to be made 39, 57 Appraisors Oath 39 Apprentices at what age may be bound 42 Apprentices to Enrol advantageous only to the Master 42, 43, 47 Apprentice, if misused, how to be discharged 44 Apprentice, after discharge, how to recover part of the Money given with him Apprentice 52 Account for Orphan's Moneys, how to give it 83, 85 Attorneys in the Hustings 105 Auditors of the Chamber and Bridghouse Accounts by whom elected 116 Aleconners, by whom elected ibid. Act touching Watermen 123 Act of Common Council against Hawkers, and for Regulation of the Public Markets 141 Act for Settlement of Tithes 159 Act of Common Council for regulating of the Night Watches 173 Act of Common Council relating to Widows and Orphans 72 Attorneys in the Major's Court in whose gift 122 Attorneys in the Sheriff's Court in whose gift 122 Articles to be enquired by the Jury for the River of Thames Eastward 209 Act for confirming and establishing the Court of Conscience in London 231 Attorney in the Sheriffs Courts absolutely dismissed from his place by the Court of Aldermen, for disobeying the Commissioners of the Court of Conscience 237 B. BIll in the Major's Court, how to exhibit it 48 Bill in the Major's Court, form thereof 54 how to remove it 51 Bill in the Major's Court for the Son of a Freeman, to recover his customary part of his Father's Estate 88 Bridgmasters by whom elected 116 Beadle of the Court of Requests in the gift of the Court of Aldermen 122 Balliage duty 135 Beadles Fees of the Court of Requests 240 Bailiff of Southwark in whose gift 123 Bailiff of the Hundred of Ossalston in whose gift 123 C. COmpurgators in what case, and how many 41 Condition of a Bond for exhibiting an Inventory 56 Condition of a Bond to bring in Money or Security 59 Condition of a Bond for payment of Orphan's Portions 61 Condition of a Bond to Account 66, 84 Custom of London for Widows and Orphans 80, 82 Condition of a Bond given upon allowance of a Writ of Error 111 Chamberlain by whom elected 116 Court of Common Council 117 Committees Annually chosen by that Court ibid. Common Sergeant in whose gift 120 Common Clerk in whose gift 120 Common Crier in whose gift 120 Committees Annually elected by Common Council 117, 118 Court of Aldermen 121 City Council in whose gift 121, 122 Common Hunt in whose gift 121, 122 controller of the Chamber in whose gift 121, 122 Clerk of the Chamber in whose gift 121, 122 Clerk of the City Works in whose gift 121, 122 Clerks of the Papers in whose gift 121, 122 Clerk-sitters in whose gift 121, 122 Clerk of the Bridghouse in whose gift 121, 122 Clerk of the Court of Requests in whose gift 121, 122 Citizens Toll-free 132 Courts of Conservacy for the River of Thames 200 Court of Conscience 229 Chamberlains Court 250 D. DEed, how to be Enrolled 105 Dower ibid. E. ELection of Burgesses 115 Election of Sheriffs 116 Error in Hustings 110 Essoign 115 F. FEes due for Orphanage business 86, 87, 88 Fees for enrolment of a Deed 106 Fees for passing a Recovery 107 Fee for Vouchees Warrant 108 Fees to be taken in Sheriffs Courts 244 Fees to be taken in the Chamberlains Office 255 Fees to be taken in Court of Conscience 240 G. GAger, in whose gift 122 Goods may be attached or sequestered in the Major's Court 20, 21, 38 H HOtchpott, meaning hereof 82 Hustings Court 100 Hawkers 139, 141 J. JVrymen for the Major's Court 46 Inventory how to exhibit 56 Judd's Law 72 Inventory false, how to remedy it 83 K. Keeper of Guildhall in whose gift 122 Keeper of the Greenyard in whose gift 122 Keeper of Newgate in whose gift 122 Keeper of Ludgate in whose gift 122 Keepers of the Compters in whose gift 122 L. LEgacies given to Orphans by Vnfreemen 81 Lord Major, how elected 115 M. MAjor's Court 1 Markets 142 Ministers Tithes 160 Measures 170 Meal-weighers in whose gift 122 Measurer in whose gift 122 N. NEts for Fishermen in the Thames, of what size 209 Number of Watchmen in the several Wards 174 O. Orphan's Court 55 Oath of Allegiance 188 Oath of Supremacy ibid. Oath for renouncing the Covenant 191 Oath of an Attorney in the Major's Court 2 Oath of a Common-Councel-man 187 Oaths of Appraisors' 39, 57 Oath of an Attorney in the Sheriff's Courts 242 Oath of a Constable 258 Oath of a Scavenger 260 Oath of a Freeman 251 Orders for the preservation of the brood and fry of Fish in the River of Thames 201 Orphans marrying without consent 70, 71 P. PRothonatories, in whose gift 122 R. REcorder in whose gift 121 Remembrancer in whose gift 121 Replevin 108 Rates for Watermen 128 Rulers of Watermen, by whom elected 123 S. Swordbearer in whose gift 121, 122, 123 Secondaries in whose gift 121, 122, 123 Solicitor in whose gift 121, 122, 123 Steward of Southwark in whose gift 121, 122, 123 Sergeants in the Major's Court 5 Sergeant in the Sheriff's Court 122 Sequestration, how to be made in the Major's Court 39 Settlement of a Freeman's Estate to avoid the Custom, void 82 Summons in Writ of Right 114 Supersedeas on a Writ of Error, form thereof 112 Sheriffs Courts 242 Sealer's and Searchers of Leather, in whose gift 122 T. TIthes, how to be recovered 168 Toll not to be paid by Citizens 132 V. VOuchees 108 W. WAterbailiff in whose gift 122 Vnder-Waterbailiff in whose gift 122 Wager of Law in the Major's Court to an Attachment 36 Wager of Law there to an Action 40 Will contrary to custom, void 81 Writ of Right 114 Writ of Waste ibid. Waterman's Rates 128 Warrant to distrain for the Balliage Duty 135 Warrant against Hawkers 139 Warrant to distrein for Tithes 159 Warrant to examine Weights and Measures 170 Wardmote Courts 185 Y. YEomen of the Chamber in whose gift 122 Yeomen of the Channel in whose gift 122 young men in the Lord Major's House in whose gift 122 Yeomen of the Compters in whose gift 122 FINIS.