it shall happen that six Months after F. shall become indebted to W. or have Goods in his hands belonging to W. the Plaintiff by virtue of the Attachment made as aforesaid shall recover the Money or Goods he shall prove came to tâ—e hands of F. after the Attachment made The General Issue upon all Attachments being whether F. who is called the Garnishoe at the time of the Attachment made or at any time after had any Moneys or Goods of W. in his hands Thirdly An Attachment made in this Court must be there tried and cannot be removed nor tried in any other Court whereas an Attachment made in the Sheriffs Court may at any time before trial be removed into this Court by a Warrant signed by the Lord Major or Recorder which Warrant is called a Levetur Querela the charge whereof is 5 s. 10 d. and is made in this Form Levetur Querel ' inter W. B. Quer ' G. R. Defend ' Attach ' superindo fact ' in manibus P. W. praemon ' in pl'ito c. If it be an Action only to be removed the Warrant must be made thus Levetur Querel ' inter C. F. Quer ' J. W. Defend ' in pl'ito c. The Levetur Querela must be written by an Attorney of this Court for which he receiveth 4 d. and for his Fee 1 s. 8 d. and then must be delivered to one of the six Officers before mentioned to procure my Lord Major or the Recorder to sign the same for which 4 d. is due to his Lordship and is constantly paid And after the Warrant is signed the Officer must carry it to the Clerk of the Papers belonging to the Compter where the Action was entered and give him 2 s. 6 d. to allow the same Levetur and to certifie the Action or Attachment and the Officer for his pains hath 1 s. and so the 5 s. 10 d is distributed Fourthly An Attachment may be tried in this Court for 30 s. although the Concern be 500 l. But by reason of new Devices of Continuances in the Sheriffs Court the charge of a Trial there comes to much more The Court of Common Councel in London took notice thereof and in the Year 1669. in the Majoralty of Sir Richard Ford made an Act Intituled An Act for the better regulating of the Courts of Law in the Guild-hall London Which Act amongst other matters therein contained is as followeth BE it enacted ordained and established by the Right Honourable the Lord Major the Right Worshipful the Aldermen his Brethren and the Commons in this Common-councel assembled and by the Authority of the same That no person or persons be at any time hereafter admitted into any the Places or Offices of Secondaries of the Compters Clerks or Attorneys in the Majors Court Clerk of the Papers Clerk Sitters Attorneys in the Sheriffs Courts of this City Sergeants or Yeomen of the Compters but that he or they do first take his or their Freedom of this City according to former Acts and Orders of Common-councel And forasmuch as it is observed that the Clerks and Attorneys of the Majors and Sheriffs Courts of this City do breed and bring up under them a multitude of young Clerks taking with them considerable Sums of Money but for shorter terms than hath been accustomed within this City And the Attorneys Clerks and Officers of and belonging to the Sheriffs of London and the Sheriffs Courts do often tender themselves to the Defendants Arrested in the Sheriffs Courts to become their Bail whereby in case of the Defendants absenting himself all possible means are used to delay and disappoint the Plaintiffs in their just Suits to their great wrong and abuse of Iustice Be it therefore ordained enacted and established by the said Lord Major Aldermen and Commons in this Common-councel assembled anâ— by the Authority of the same That nâ— person or persons whatsoever be henceforth at any time admitted or capable to be admitted a Clerk or Attorney in one of the Courts of this City before he or they shall bona fide have served some Master-Clerk or Attorney in one of the Courts of this City as a Clerk the full term of seven years And that every or any Grant or Admission that shall happen at any time hereafter to be made contrary to this Act shall be null and void as if it never had been made and that no Attorney Clerk or Officer of or belonging to the Majors Court or Sheriffs or their Clerks or Servants nor any of them do or shall at any time from and after the Twenty third day of October instant presume to become Bail for any person or persons whatsoever in any Action Attachment or other Suit or Cause whatsoever that shall be entered commenced or depending in the Majors Court or Sheriffs Courts and that neither the Clerk of the Bails in the Majors Court nor Clerk of the Papers nor Clerk-sitters of the said Sheriffs Courts nor any of them nor their nor any of their Clerks or Servants nor any other whose Duty it is to take the Bails do presume from and after the said Twenty third day of October to take accept and enter upon Record any of the said Attorneys Clerks or Officers or any of their Clerks or Servants for the Bail of any person or persons whatsoever And to the end that the said City Courts as well the Majors as the Sheriffs Courts may be supplied from time to time with able and sufficient Iury-men be it further ordeined and enacted by the said Lord Major Aldermen and Commons in Common-councel assembled and by the Authority of the same That no person or persons whatsoever be at any time hereafter returned by any Inquests of the Wards of this City to serve as Iury-man or Iury-men either Grand or Petty in the Courts of this City but such men as either have been or for time to come shall be Subsidy men and so taxed in the King's Books or in Default thereof such other discreet and sufficient persons as shall be equal in Quality and Estate with them and that the Issues upon default of Iury-men Appearances be constantly levied and duly and truly answered And whereas the said Court called the Lord Majors Court is an ancient Court of Record wherein Causes both of Law and Equity and also Attachments are determinable and the same Court is Superiour to the Sheriffs Court and whereas also the Lord Major for the time being of ancient Custom and constant Practice hath and have whereof the memory of man is not to the contrary ever had Power and Authority by his Warrant called Levetur Querela to remove Causes from and out of the Sheriffs Court into the Lord Majors Court without any restriction or limitation of time so as the same Levetur he brought before the Iury or any of them summoned for trial of such Cause or Causes shall be sworn and whereas of very late time such Levetur hath been often disallowed
contrary to the said ancient usage and in contempt of the said Majors 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 Majors 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-councel 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 Sheriffs Courts of this City into the Majors Court being brought by a Serjeant at Mace and Minister of the Majors Court to the said Sheriffs Court either at the Guild-hall or Compter at any time before the Iury 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 Iudge 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 Iurymen discouraged by frequent and fruitless attendances to the intolerable expence of the Suitors For the preventing hereof for the future Be it enacted by the said Lord Major Aldermen and Commons in Common-councel assembled and by Authority of the same That no Cause or Causes in either of the Sheriffs Court be at any time hereafter from and after Issue joyned 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 shewed and allowed upon Oath before the Iudge 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 Iudge 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 encreasing in the said Sheriffs Courts by excessive Costs taxed upon Iudgments 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 Councel 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 Iury Cause or exceeding the sum of Twenty two shillings for the Trial of a Petty Iury Cause shall at any time hereafter charge the Client of either side Nevertheless it shall and may be lawful for the Iudges of the said Courts respectively for good and reasonable cause shewed 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 encrease 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 Iudges 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 Iudgment 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 Serjeants 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 delaied and the Prisoner by the extorsion of the said Serjeants and Yeomen oftentimes put to a greater expence 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 Serjeants 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
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 Orphants 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 Orphants 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 Orphants 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 Testâ—â—meâ—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 Orphants 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 Accompt 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 mony as upon every such Accompt shall appear or be found due or belonging to the same Orphants or else do and shall pay or cause the same to be paid into the Chamber of London to the use of the same Orphants without fraud or covin then c. or else c. 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 Orphants 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 Orphants 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 Recognisances each for the payment of 300 l. the Custom being never to make any Recognizance touching Orphants 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 Orphants 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 Orphant of W. D. late Citizen and Mercer of London deceased at such time as the said Orphant shall attain to her full Age of 21 years or be married to the said Orphant 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 Orphant shall dye and depart 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 Orphant 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 Orphant 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 Orphant Meat Drink Apparel Linnen and Woollen and all other Necessaries to the said Orphant meet and belonging And do not in the mean time willingly permit or suffer the said Orphant 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 dye and depart 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
then the said Orphan or Orphans or every of them shall forfeit and lose three shillings for every pound due or to be due unto her or them by virtue of any Orphanage or Custom had or used within the said City one shilling of the said three shillings of every pound to go or to be to the use of the Chamber of the said City in such manner and form as is aforesaid and the other two shillings so forfeited of every pound to go to the use of such other Orphan or Orphans as then shall remain unmarried or else for default of such Orphans or Orphan to remain to the next of the Kindred of the Orphan so offending Also be it further Enacted Ordained and Established by Authority aforesaid for and in discharge of divers Variances Contentions and Suits that daily heretofore have and hereafter may ensue That if a Freeman's child man or woman fortune to be married hereafter in the life time of his or their Father by this consent and not fully advanced of and to his and her full part or portion of his or her said Fathers Goods as he shall be worth at the time of his decease according to the ancient Laws and Customs of the said City That then every such Freemans child so being married in the life time of his or her Father shall be to all intents and purposes disabled to demand any further part or portion of his or her Fathers Goods after the decease of his or her Father but shall be adjudged reputed or taken to be fully advanced according to the Law and Custom of this City and hath been long time out of mind except his or her said Father do mention certainly in the last Will or Testament or by some other writing signed with his own proper name or mark the certainty of the sum or sums Goods or Chattels and the value of them that the Father gave paid or departed withal or otherwise assured or hereafter shall give pay depart withal or otherwise make assurance of unto him or her before at or after the marriage of him or her or otherwise in his life time for and towards their advancement in the name of his or her part or portion and then every such Orphan or Child which after the decease of his or her said Father can bring forth the said Testament or other Writing signed or marked with the Fathers hand or mark wherein the certainty of such Money Goods or Chattels as they gave or shall have received of their said Father or by the same Father assured by Specialty or otherwise shall have as much more of the ready Money Goods Chattels and Debts of the said Father as with that which he or they shall have received towards their advancement in the life of the said Father shall make up a full childs part of his Goods and Chattels as he shall be worth at the time of his decease the same to be demanded asked and claimed or sued for against the Executor or Executors Administrator or Administrators of the Goods and Chattels of the said Father by Bill original to be commenced in our Sovereign Lord the King's Court holden in the utter Chamber of the Guildhall of the said City before the said Lord Major and Aldermen of the same City for the time being any Law or Custom heretofore made or used to the contrary notwithstanding In which Action no wager of Law or Essoin shall be admitted or allowed Provided always and it is further enacted That if any Freemans Son being of full age which shall hereafter be married with the consent of his Father or any other person being of full age which shall hereafter marry any Freemans Daughter do at the time of the Espousals or at any time after confess themselves by writing fully satisfied of his or their portions or do otherwise or discharge the said Father of such Sons or Daughters of all their part and portion due or to be due by the Law and Custom of the City that then every such person so confessing acquitting or otherwise discharging shall be reputed and taken as fully advanced of his or their whole part or portion and shall not be able to demand any further or greater part of the Substance Goods and Chattels of his or her Father this Law or any other Law or Custom heretofore made or used to the contrary notwithstanding And further Forasmuch as it is thought very prejudicial and hurtful to the Fatherless Children and Orphans when the Mother or Mother-in-law being Executor of the last Will and Testament of her late Husband by whom and after whose death the Orphans are entituled to an Orphanage according to the laudable Customs and Ordinances of this City do divers times marry or contract Matrimony some with forreigners and persons unknown and some with Freemen before a just Inventory of the Goods Chattels Plate Iewels and ready Money of the Testators be by them brought in by reason whereof many times they either for fear or affection of their Husbands or for some other sinister cause do bring in very suspicious Inventories omitting therein either ready Money Plate Iewels or Debts or some other thing or things whereby some benefit should redound to the Fatherless children to the great loss and hinderance of the Orphans and sometimes slander to the Lord Major and Aldermen of this City notwithstanding the great care and travel that they take for the good ordering and true answering of the said Orphans It is therefore by like Authority ordained established and enacted That if after the First day of November next ensuing any Widow which is or shall be made Executor of the Testament and last Will of her late Husband being a Freeman or shall take upon her the Administration of the Goods and Chattels of her late Husband being a Freeman do not upon her Oath bring in and exhibit or cause to be brought in or exhibited before the Lord Major and Aldermen of this City for the time being at and in a Court of Aldermen a just and perfect Inventory to their knowledge of all the Goods Chattels Plate and Iewels ready Money and Debts as were her said Husbands at the time of his death appraised according to the Law of the said City before she do ensure herself in marriage or contract marriage or else according to the Laws of the Realm do perfectly solemnize or consummate marriage with any person before such time as aforesaid that then every person so offending shall forfeit and lose eight shillings of every pound of her portion of the Goods of her late Husband due to her by the laudable Customs of the said City the same to go to the use of such Orphan or Orphans as then shall be intituled to have or demand any Orphanage or Portion after the death of his or her late Father the same so demanded asked claimed or sued against such Executor or Administrator and by Bill original of Debt to be commenced in our
the Premisses being thereunto required To the intent therefore that the said E. B. may set forth a true perfect and exact Inventory and Accompt of all and every of the Goods Chattels Leases ready Money Plate Houshold-stuff 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 Sirnames 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 Accompts and other Accompts 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 Premisses 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 Premisses upon his Corporal Oath And that he may be enjoyned to perform and abide such Order and Decree in and touching the Premisses as to your Lordship and Worships upon hearing the Cause shall seem meet And your Orator shall pray c. 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 Judgment therein This Court is recorded to be held upon Mondays but it is usually held every Tuesday and if Tuesday happen to be a Holy-day then there is no Court held for that reason But a Court is always held although Monday be a Holy-day 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 ' c. Tricesimo primo 19. Co'ia Pl'ita tent ' c. die Lune in Festo Sci ' Wolstani Epi ' 26. Pl'ita terre tent ' c. die Lune prox ' ante Festum Converc'onis Sci ' Pauli Febr. 2. Co'ia Pli'ta tent ' c. die Lune prox ' post Festum Sce ' Agathe Virginis 9. Pl'ita terre tent ' c. die Lune prox ' ante Festum Sci ' Valentini Epi ' Martyris 16. Co'ia Pl'ita tent ' c. 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 ' c. die Lune prox ' post Festum Sci ' Mathei Apostoli 8. Pl'ita terre tent ' c. die Lune prox ' ante Festum Sci ' Gregorij Epi ' 15. Co'ia Pl'ita tent ' c. die Lune prox ' post Festum Sci ' Gregorij Epi ' 22. Pl'ita terre tent ' c. die Lune prox ' ante Festum Annuntiac'onis Beate Marie Virginis 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 c. die Lune prox ' ante Festum Sci ' Georgij Matyris 26. Co'ia Pl'ita tem ' c. die Lune prox ' post Festum Sci ' Marci Evangeliste May 3. Pl'ita terre tent ' c. die Lune prox ' post Festum Apostolor ' Philippi Jacobi 10. Co'ia Pl'ita tent ' c. 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 ' c. die Lune prox ' post Festum Sci ' Dunstani Archiepiscopi 31. Pl'ita terre nulla Quia Hebdomada Pentecostes June 7. Co'ia Pl'ita tent ' c. die Lune prox ' ante Festum Sci ' Barnabe Apostoli 14. Pl'ita terre tent ' c. die Lune prox ' post Festum Sci ' Barnabe Apostoli 21. Co'ia Pl'ita tent ' c. die Lune prox ' ante Festum Sci ' Joh'is Baptiste 28. Pl'ita terre nulla Quia dies Martis fuit Festum Apostolor ' Petri Pauli July 5. Co'ia Pl'ita tent ' c. die Lune prox ' post Festum Visitac'onis Beate Marie Virginis 12. Pl'ita terre tent ' c. die Lune prox ' post Festum Sci ' Benedicti Abbatis 19. Co'ia Pl'ita tent ' c. die Lune prox ' ante Festum Sancte Margarette Virginis 26. Pl'ita terre tent ' c. die Lune prox ' post Festum Sci ' Jacobi Apostoli Aug. 2. Co'ia Pl'ita nulla Quia null ' Hustingum tenetur à primo die Augusti usque
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 ALDERMEN THis is a Court of Record and is held in the inner Chamber of Guildhall every Tuesday and Thursday except Holy-days and in the time of Sessions of Goal delivery All Matters touching Lights Water-courses 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 Sword-Bearer Four City Counsel City Remembrancer Common Hunt Water-Bailiff Cities Solicitor Comptroler 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 Chanel Yeomen of the Chamber Four Yeomen of the Water-side Yeoman of the Chanel Under Water-Bailiff Meal-weighers Clerk of the Cities Works Six Young-men 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 Sealers 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 Wherry-men and Water-men c. there have divers and many misfortunes and mischances happened and chanced of late years past to a great number of the King and Queens 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 Water-men 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 c. For reformation whereof be it Enacted by the King and Queens Majesties c. 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 Water-men being Housholders and occupying as Water-men 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 Wherry-men and Water-men 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 Water-men 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 Iustices of Peace within the Shires next adjoyning to the said River of Thames every of them within their several Iurisdiction 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 c. and the other half to him or them that will sue for the same c. 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 rowe as is aforesaid betwixt Gravesend and Windsor aforesaid shall take for his or their labour or fare 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 c. 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
passage pickage lastage pontage murage prisage of Wines or any like Custome of the said Citizens their Attorneys Factors Assigns or Servants contrary to the said Priviledges 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 Priviledges 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 well-beloved Citizen R. G. Citizen and Draper of London for his Goods Wares and Merchandizes contrary or against the tenour or effect of the said Freedoms Franchises Liberties Customs and Priviledges 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 tenour and effect of the Freedoms Liberties Franchises Customs and Priviledges 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 Iustice 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 c. The Lord Major of London may grant his Warrant to Distrein the Goods of Forreigners 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 Forreigners 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 authorize 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 Majesties Iustices 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 Majesties Name strictly to charge and command all Constables Wharfingers and Meters 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 Majesties Peace kept in the due execution of the Premisses And that they or some of them bring before me or some other of his Majesties Iustices 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 Premisses 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 c. 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 Butchers Shop or Markets of this City which Flesh so offered to be sold hath oftentimes been corrupt rotten and unwholsome 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
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 priviledge 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 Premisses 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 Watchmen 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 Premisses and shall likewise from time to time present the name of every sâ—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 Sirnames 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 Premisses 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 imployed 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 forfet and pay treble 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 imployed 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 then the same to be done by Authority of Common Councel by such way and means and in proportion to the Service and the Extent of each Ward as by the said Common Councel 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
Relief of such poor Debtors and more perfect establishing of the said Court there was made and provided and Act entituled 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 Iurisdiction 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 Debt rs 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 registred 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 Iudge or Iudges 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 Iudge or Iudges 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 Iudge or Iudges 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 Iudge or Iudges 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 encrease 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 Sheriffs 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 Jolls 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 Kings 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 Sheriffs Court where they were informed that Thomas Hutton one of the Attorneys in the Sheriffs 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 Jolls 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 Jolls 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 Iudges of the said Court was sent for and being here private was required to take notice thereof and to publish the same in the Sheriffs 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. Beadles 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 SHERIFFS 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 ought 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 Sheriffs 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 Iuries or any Enquest embrasing 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 leyed by your assent no Forreign Release Acquittance Payment Arbitration plain Accompt whatsoever it be to put the Court out of his Iurisdiction 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 enform ne enforce any man to sue falsly 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 ingross 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 Clients 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 Councel well deserve 5 0 The Juries Verdict 4 6 The Judgment 2 6 The Execution 1 4 If the Declaration be special the Prothonatories Fee for every sheet drawing and ingrossing 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 Judgment entered the Defendant may stop Judgment 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 Majors Court and giving him
4 s. 10 d. for that purpose My Lord Major sits only upon Saturday to hear mark't Causes and if upon hearing both Parties it shall appear to his Lordship that the Plaintiff obtained a Verdict for more then his just Debt his Lordship may remit the Cause to Judgment for the just Debt only and give such time to pay the same as he shall think reasonable But his Lordship always orders the Defendant to give good Security to pay the Recovery at such times as his Lordship directs and to pay the Costs in fourteen days The Attorneys in the Majors Court always move for time although the Verdict was in the Sheriffs Court and his Fee for moving is 1 s. 8 d. The Plaintiff must pay for his Lordships Order and entering it 2 s. 10 d. Which Charges will be allowed to the Plaintiff upon taxing of Costs In these Courts may be tried Actions of Debt Case Trespass Accompt and Covenants broken as also Attachments and Sequestrations If either party shall have a Witness that cannot stay in London till the day of Trial his testimony may be taken in writing which will be allowed as good Evidence The method for examining such Witness is thus First his name and place of abode must be delivered in writing to the adverse Attorney and then he must be examined and sworn by the eldest Attorney in the Lord Majors Court whose Fee for the Examination and Copy is 3 s. 4 d. After the Examination the adverse Attorney may have a Copy thereof for which he must pay 2 s. The two eldest Clerks in these Courts for the time being are Attorneys of the Pye-powder Court held during the first three days of Bartholomew Fair for the examining and trying all Suits brought for petty Matters and Offences there committed contrary to the Proclamation hereafter mentioned The Lord Major and Aldermen do Annually cause a Proclamation to be made for the better regulating this Fair. The tenour whereof is as followeth The Proclamation made on Bartholomew Eve in the Afternoon at the great Gate going into the Cloth Fair. THe Right Honourable Sir R. C. Kt. Lord Major of the City of London and his Right Worshipful Brethren the Aldermen of the said City streightly charge and command on the behalf of our Sovereign Lord the King That all manner of persons of whatsoever estate degree or condition they be having recourse to this Fair keep the Peace of our said Sovereign Lord the King That no manner of Persons make any Congregation Conventicles or Affrays by the which the same Peace may be broken or disturbed upon pain of Imprisonment and Fine to be made after the discretion of the Lord Major and Aldermen Also that all manner of Sellers of Wine Ale or Beer sell by Measures ensealed as by Gallon Pottle Quart and Pint upon pain that will fall thereof And that no Person sell any Bread but if it keep the Assize and that it be good and wholsome for mans body upon pain that will fall thereof And that no manner of Cook Pyehalter nor Huckster sell nor put to sale any manner of Victual but it be good and wholsome for mans body upon pain that will fall thereof And that no manner of Person buy nor sell but with true Weights and Measures sealed according to the Statute in that behalf made upon pain that will fall thereof And that no manner of Person or Persons take upon him or them within this Fair to make any manner of Arrest Attachment Summons or Execution but if it be done by the Offâ—câ—rs of this City thereunto assigned upon pain that will fall thereof And that no Person or Persons whatsoever within the limits and bounds of this Fair presume to break the Lords Day in selling shewing or offering to sale or in buying or offering to buy any Commodities whatsoever or in sitting tippling or drinking in any Tavern Inn Alehouse Tippling-house or Cooks house or in doing any other thing that may tend to the breach thereof upon the pains and penalties contained in several Acts of Parliament which will be severely inflicted upon the breakers thereof And finally That what Persons soever find themselves grieved injured or wronged by any manner of Person in this Fair that they come with their Plaints before the Stewards in this Fair assigned to hear and determine Pleas and they will minister to all Parties Iustice according to the Laws of this Land and the Customs of this City THE CHAMBERLAINS COURT OR OFFICE THe Chamberlain of London keeps his Office in the Chamber of Guildhall and is entrusted with Orphans Moneys and the Cities Cash he is Annually elected and gives very good Security to the Court of Aldermen to pay and make good whatsoever Cash shall be delivered to him and once every year gives an Account to Auditors appointed and chosen for that purpose He is also entrusted with the Cities Leases and all Bonds and Securities taken by the Court of Aldermen for Orphans Moneys He attends at Guildhall usually every Forenoon to Inroll and turn over Apprentices and to make such Free as have duly served the full term of Seven years and have not married nor taken wages in that time Upon the admission of every Person into the Freedom of London Mr. Chamberlain causes them to take the following Oath The Oath of every Freeman of the City of London YE shall swear that ye shall be good and true to our Sovereign Lord King CHARLES and to the heirs of our said Soveraign Lord the King Obeysant and obedient ye shall be to the Mayor and Ministers of this City The Franchises and Customs thereof ye shall maintain and this City keep harmless in that that in you is Ye shall be contributary to all manner of charges within this City as Summons Watches Contributions Taxes Tallages Lot and Scot and to all other charges bearing your part as a Freeman ought to do Ye shall colour no foreign goods under or in your name whereby the King or this City might or may lose their Customs or advantages Ye shall know no Foreiner to buy or sell any Merchandize with any other Foreiner within this City or Franchise thereof but ye shall warn the Chamberlain thereof or some Minister of the Chamber Ye shall implead or sue no Freeman out of this City whilst ye may have Right and Law within the same City Ye shall take no Apprentice but if he be free-born that is to say no bond-mans son nor the child of any Alien and for no less term than for seven years without fraud or deceit and within the first year ye shall cause him to be enrolled or else pay such fine as shall be reasonably imposed upon you for omitting the same And after his terms end within convenient time being required ye shall make him free of this City if he have well and truly served you Ye shall also keep the Kings Peace in your own person Ye shall know no Gatherings Conventicles nor