SHORT INSTRUCTIONS FOR THE EXECUTORS And ADMINISTRATORS OF FREE-MEN, IN Exhibiting an Inventory, securing ORPHANS Portions, &c. WITH Several ORDERS of the LORD MAYOR and Court of ALDERMEN relating thereunto. LONDON, Printed by Samuel Roycroft, Printer to this Honourable City, 1682. arms of London Moore Mayor. Martis xxvito die Januarii 1681/ 2. Annoque R. Regis CAROLI Secundi, Angl. &c. xxxiii. IT is Ordered by this Court, That the Paper prepared by Mr. Common sergeant, and now presented to, and red in this Court, to Intimate the Duty of the Executors or Administrators of Free-men deceased, in exhibiting an Inventory Securing the Orphans Portions, and not Marrying them without Licence; with some other particulars in reference to the Concerns of Orphans, shall be Printed, to remain in Mr. Common whereas Office; and one Copy thereof to be constantly delivered by Mr. Common Cryer's Young-man, to the Executor or Administrator of every Free-man deceasing, as soon as may be after such Freeman's Decease, as also to all Persons that now, or hereafter shall have the Guardianship of any Orphans, that they may not pretend Ignorance of their Duty hereafter, as several have frequently done, especially in marrying Orphans without Licence of this Court. wagstaff. THE DUTY OF Executors or Administrators OF FREE-MEN, &c. THe Executor or Administrator of every Free-man of the City of London dying, and leaving a Child or Children under Age, is obliged by the Laws and Customs of the said City, to exhibit in some short time after such Free-mans decease, before the Court of Lord Mayor and Aldermen, an Inventory of his Personal Estate upon Oath, in manner hereafter set down. And to that end, is first to Appear before the said Court, there to be bound to bring in the Inventory within two Months next ensuing. If the Relict of such Free-man be Executrix or Administratrix, and mary again before such Inventory exhibited, She is finable for the same at the discretion of the said Court. Immediately after the Free-mans death, All his Goods, wears, Plate, lewels, Leases, &c. are to be valued and appraised by Four indifferent Free-men, to be Sworn before the Alderman of the Ward wherein the Deceased lived, or before the Lord Mayor: And the Common crier, or his Deputy, is to have Notice of the time, and be present when the Appraisment is made; and the same is to be under the hands of the Appraisers and the said Common crier. Which, with an exact account of what Money was in the House at the time of the Testators or Intestates decease, of what Debts have been received, and what Debts are then standing out or owing to the Estate, and likewise of what Debts such Testator or Intestate owed, with Funeral or other necessary Charges( the Time and every mans Name being expressed) the Executor or Administrator must bring to the Common whereas Office, there to be engrossed; and then, having carefully examined it, to Exhibit it upon Oath to be taken, That the same is true and perfect Inventory of all the Deceased's Goods and Chattels, Rights and Credits; and, That there is nothing therein Omitted or Surcharged to the Prejudice of the Orphans, to the best of his Knowledge. And thereupon the Executor or Administrator is bound by recognisance, if Dwelling within the Freedom,( and by Bond, if without) in a Penalty answerable to the Estate; with Condition, To bring into the said Court, within Two Months next ensuing, good and sufficient Sureties to be Bound for the Payment of all the Money due, and belonging to the Orphans; or otherwise, To pay the same into the Chamber, for the Orphans Use; And also, At all times thereafter, within one Month after Warning given, to Exhibit into the Court aforesaid, a true and perfect Account in Writing, upon Oath, of all Sperate, Doubtful and Desperate Debts, due to the Deceased, which shall come to the hands of such Executor or Administrator, or the hands of any other by his Appointment. And further, Within one Month after every such Account exhibited, to bring into the said Court like Sureties, to be bound for payment of so much Money, as upon every such Account shall be found due to the Orphans, or else to pay the same into the Chamber of London. Then a Division of the Estate is to be made by the Common sergeant, Setting forth what is due to the Orphans of the Deceased, as well of Orphanage as Legacy, both by the Laws and Customs of the City, and the Last Will of the Deceased; And the Executor or Administrator is, according to the Tenor of the Condition 〈◇〉 afore-said, within the time of Two Months therein limited, to bring and pay the Money, due to the Orphans upon such Division, into the Chamber, or else bring into the Court aforesaid good and sufficient Sureties to be bound by recognisance or Bond, as the Case requires, for payment thereof. And in case the Executor or Administrator secure the Money, the Condition of the Bond or recognisance to be entred into by the Sureties is, To pay in the said Court of Aldermen, to the Chamberlain of the City of London, the Sum or Sums due to the Orphans, when they shall attain their several Ages of One and Twenty years, or be Married,( if Daughters) which shall first happen; or otherwise, at such Times, and in such manner as in the Last Will( if Legacy) is expressed; And in case of any Orphans death, then within one Month next after such Orphans decease, to pay the Money due to the Orphan dying, into the Chamber aforesaid, to the intent the same may be paid and disposed of where of right it doth appertain; And in the mean time, until the said Sum or Sums be fully satisfied and paid, as aforesaid, to find and provide for the Orphans Meat, Drink, Apparel, linen, Woollen, and all other Conveniencies; and not willingly to suffer any of the Orphans to be Married, bound Apparentice, or otherwise to become bound, without the special Licence and Consent of the said Court of Lord Mayor and Aldermen first obtained: And if any of the Sureties shall Die, or fall to Decay, then within one Month next after the Death or Decaying of such Surety, to bring such other good and sufficient Surety or Sureties as the said Court shall accept and allow of, to become Bound in the stead and place of him or them so Dying or Decaying. And Lastly, That the said Sureties, or some of them, do yearly appear before the said Mayor and Aldermen in the Chamber of Guild Hall, on Monday next after Midlent Sunday. And if any Executor or Administrator shall neglect or refuse to perform any part of the Condition of the recognisances or Bonds aforesaid, the Common sergeant is obliged Ex officio to order the Clerk of the Orphans to Sue them thereupon; and if they neglect or refuse to come and be bound, to bring in an Inventory, to cause them to be brought by Warrant before the said Court, where, if they refuse to be Bound, they will be Committed until they comply; or he is to enforce them thereto by other Legal Process, if living in Places remote. Note, That by the Law and Custom of the said City, the Lord Mayor and Court of Aldermen are Guardians to all Orphans of Free-men deceasing, and none ought to intermeddle with them or their Estate, unless appointed thereto by the said Court. And no Orphan, or their Relations, Guardians, or other, ought or should enter upon, or proceed in any Treaty for the Marriage of such Orphan, until the said Court be first made acquainted therewith, and have given their Approbation and Consent thereunto; And if any Person or Persons shall either mary, or Countribe, Promote, or Countenance the Marriage of any such Orphan, without the Consent and Licence of the said Court first had and obtained, both the Person Marrying the Orphan, and every one Promoting, or Countenancing such Marriage, are liable to be severely Fined and Imprisoned for such their Offence. And further, That no Orphan ought to be Bound or Placed out Apprentice without the Consent of the said Court first had and obtained; nor be disposed of, or sent into the country without express Licence from the said Court. Edwards Mayor. Jovis xjo die Septemb. 1679: Annoque Regni Regis CAROLI Secundi Angliae, &c. xxxjo. WHereas Diver Orphans of this City having Portions in the Chamber of London, after they have come of Age, and been entitled to receive the same, have notwithstanding deferred the Receipt and acknowledgement of Satisfaction for their said Portions before this Court, according to the ancient and laudable Custom of this City; whereby the said Chamber hath stood charged and burdened with payment of Finding Money or Interest for the same longer than in Reason, and according to the Custom of this City it ought to have been. For prevention therefore of the like for the future, and to the end that all Orphans, having Portions in the Chamber, so soon as they come of Age( or are Married, if Females) may come and Receive their Portions, and aclowledge Satisfaction for the same; It is Agreed and Resolved by this Court, That hereafter no Interest or Finding Money shall be allowed to any Orphan, for any Money in the Chamber, from and after the Time they come of Age( or be Married, if Famales) unto the Time that They shall aclowledge Satisfaction for the same in this Court. wagstaff. Clayton Mayor. Martis xxvto die Novembr. 1679. Annoque Regni Regis CAROLI Secundi Angliae, &c. xxxjo. IT is now Agreed and Established by this Court, for a Rule to be Observed for the future, That no Finding Money shall be allowed or paid for any Orphans Portion in the Chamber of London, until an Inventory be first brought and Exhibited into this Court, of their Fathers or other Persons Goods, from whom they Derive their said Portions. wagstaff. Clayton Mayor. Jovis ivto die Decembr. 1679. Annoque Regni Regis CAROLI Secundi, Angliae, &c. xxxjo. IT is thought fit; and Ordered by this Court, That hereafter, when any Account shall be Exhibited of any real Estate belonging to an Orphan, a Rental thereof shall be brought in at the same Time, and annexed to the first Account that shall be Exhibited of such Estate. wagstaff. Advertisement. YOU are to take Notice, That the Hours between Nine and Ten of the Clock in the Morning, are appointed for Orphans Business, and nothing of that Nature will be done after Eleven; My Lord and the Court having Ordered, that this Ancient Custom be duly observed. FINIS.