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 entring Actions in this Court is different from the Sheriffs 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 c. Pleg ' c. If in Case In pl'ito transgr ' super cam ' dam ' leg'lis c. Pleg ' c. If in Trespass In pl'ito transgr ' dam ' leg'lis c. Pleg ' c. If for Account In pl'ito quod reddat ei computum super receptor ' diversor ' bon ' merchandiz ' ipsius Quer ' ad valenc ' leg'lis c. Pleg ' c. If for Covenants broken In pl'ito convention ' fract ' damn ' leg'lis c. Pleg ' c. 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 c. Pleg ' c. 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 c. Pleg ' c. When your Action is thus entered by the Attorney or his Clerk you must not imploy any of the Sheriffs Officers to Arrest the Defendant but give your Action or a Note thereof to one of the Serjeants at Mace belonging to the Major and Aldermen There is six Serjeants 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 Majors House If you give any of them a Note of your Action he will Arrest the Defendant and in case such Defendant cannot find Bayl the Officer will carry him to one of the Compters that being the Prison as well for this Court as the Sheriffs Court which Imprisonment and the Cause thereof is constantly Recorded in a Publick Book called the Book of Impri by the Attorney that entred the Action But if the Party arrested find Bayl the eldest of the four Attorneys must take the same he being Clerk of the Bayl 's and in Case he shall take in sufficient Bayl and the Defendant do abscond the Plaintiff may after he hath a Judgment 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 proceedings 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 Sheriffs Court they require more time and much more money as those that have had occasion know by experience If there happen to be six weeks time between the putting in Bayl 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 Sheriffs Court but an Action commenced in the Sheriffs 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 Councel 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 ought 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 shew 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 Forreigners 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
Commune Concilium tent ' primo die Augusti Annis Philippi Mariae tertio quarto Coram Willielmo Garrard Mil ' Major c. 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 Forreigners 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 Handycrafts-men 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 Councel 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 Forreigner 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 Queens Majesties Courts of Record within the said City in the name of the Chamberlin 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 Mainprise 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 Councel 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 Forreigners within the said Houses or any of them neither to the said Strangers or Forreigners 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 Inrolled 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 a-work 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 Sheriffs 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 before-mentioned for Actions And one of the six Officers belonging to this Court must be imployed 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 Sheriffs Court an Attachment cannot be made and condemned under three weeks 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
be put in suit against him The method for giving an Accompt THe Executor must write an Accompt of his Receipts and Payments since the Inventory exhibited and give it to Mr. Common Sergeant who will examin it and cause it to be ingrossed 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 Accompt is true Note That if any Executor cannot give in his Accompt 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 Orphants 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 Orphants 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 Orphants 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 Orphants 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 Orphants 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 Orphants 1 4  9 2 But if the Moneys due to the Orphants 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 Fathers Estate To the Right Honourable c. HVmbly complaining sheweth 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 dye 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 expences of the Funeral of such Citizen and Freeman so deceasing is and ought 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 ought 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 then 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 dye possessed of or be interessed in at the time of his death doth belong and ought 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 dye 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 sheweth 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
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
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 past 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 Intituled 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 Annuntiation of the blessed Virgin Mary last past 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 Majesties Name streightly 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 Majesties Name streightly 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 c. 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 Majesties 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 authorize 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 Ells 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 certifie me the Names and Sirnames and dwelling places of the Offenders to the end they may be dealt withal as to Iustice 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 Majesties 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 Premisses And I do hereby require all Constables Serjeants 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 Premisses 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 c. 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 Councel made in the Majoralty of Sir John Robinson Intituled 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 ought 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
LEX LONDINENSIS OR The City Law Shewing 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 Councel 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 Councel 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 Priviledges 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 dispence the benefit of the said Grants to the Citizens and Inhabitants of that City And indeed whosoever shall consider the said Priviledges 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 Priviledges 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 Sheriffs 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 easie 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 Councel 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 supplyed the same but also rectified the mistakes therein shewing at large the Powers Authorities Customs and Vsages of all the above-mentioned 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 Councel all of them so necessary or at least expedient to be known that this Discourse would hardly be compleat without them This whole Work being Composed and Digested for the Publick good and benefit it is hoped it may meet with a favourable and candid Reception and that the Reader will pardon the Faults and Errata's 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 Majors 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 sâ—t as Judges with him if they please This Court being held by Custome and all the Proceedings are said to be before the Major and Aldermen The Sheriffs of London may in like manner sit with the Judges of the Sheriffs Court The Proceedings 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 Majors 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 Iuries or any Enquests 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 leyed by your assent no forreign Release Acquittance Payment Arbitration plain Accompt whatsoever it be to put the Court out of its Iurisdiction 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 inforce any man to sue falsly 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 shew to any person any Book concerning the Customs of the said City nor suffer any Person to look upon any such Book of Customes at any time saving only the Councel of this City but that ye shall keep the same Books secret among your selves 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
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 Botchers Tailors and Coblers 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 Councel 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 Forreign 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 Chamberlin 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 Forreigners 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 subtil 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 shew 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 then 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 Councel 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 shew 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 Chamberlin 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 shew 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 shew 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 shew 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 Chamberlin of the City of London for the time being in the Kings Majesties 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 Chamberlin 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 imployed 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 Chamberlin 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 imploy a Forreigner 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 Councel made in the Majoralty of Sir William Garrard Knight which Act is as followeth
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
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 examin 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 dismist or in default thereof will dismiss the Bill and until such Security be given the Court will not compell 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 dismist unless the Plaintiff do reply in a weeks time For which Order the Fee is 6 d. and in case the Bill happen to be dismist 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 sheweth unto your Lordship and Worships your daily Orator c. 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 Worships Serjeants 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 Premisses upon their Corporal Oaths And that they may be enjoyned to stand unto perform and abide such Order and Decree in the Premisses as to your Lordship and Worships upon hearing the Cause shall seem meet The Practice of the Orphants 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 Fathers decease The common Serjeant of this City is the only person intrusted by the Court of Aldermen to take all Inventories and Accompts of Freemen's Estates And the common Crier is intrusted to summon all Executors and Administrators of Freemen to appear before the Court of Aldermen to give in Inventories and Accompts of the personal Estate of such Freemen The youngest Attorney in the Lord Major's Court is always Clerk of the Orphants and is appointed to take all Securities for Orphants 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 ought 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 Iewels 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 c. or else c. 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 Iudgments 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 Orphants 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 Serjeant 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
Interest for any Money that shall be paid into the Chamber of London by any Executor or Administrator belonging to any Freemans 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 then 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 shew 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 Kings 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 justifie himself because he had the consent of the Orphans 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 Kings 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 Councel have made several good Acts and Orders to prevent Freemens Children from marryiâ—â— without the consent of their Parents and Guardians and to keep them from vicious Courses more particularly by an Act of Common Councel 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 Woman-child 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 Woman-child 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 asmuch 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 forreign not being free of this City at the time of any such contract or marriage made that
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 deceipt and damage of his Majesties Subjects and scandal of the Government of this City For the prevention whereof for the future These are in his Majesties Name straitly 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 Majesties Iustices 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 Ware-house or other obscure place or open Street within this City or Liberties thereof to be examined and dealt withal as to Law and Iustice 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 Majesties Iustices of the Peace to the end that it may be disposed of as by the said Act is limitted and appointed And hereof fail not Given under my Hand and Seal c. 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 Councel Intituled An Act for the settlement and well-ordering of several publick 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 Councel 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 Councel 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 then such as are hereafter excepted Country Farmer Victualler Lader or Kidder who keepeth Butchers or Poulterers 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 Standings Stalls or Places in any the aforesaid respective Markets and there sell utter and put to open shew 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 Annuntiation 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 Standings and Places with wholsom 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 Councel 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 shew 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 shew 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 depart 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 then 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 letten or allotted to any Butcher or Poulterer who doth or shall keep any Butchers or Poulterers Shop within the City of London or Liberties thereof or within two miles distance of the Liberties of the said City for so long time as he or they shall keep any Butchers or Poulterers Shop within the limits aforesaid And further That no Butcher Poulterer or other person whatsoever shall have and enjoy more then two Stalls Standings 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 Annuntiation and the Feast of St. Michael the Arch-Angel 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 Annuntiation 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 principaâ—ly intended for the benefit of House-keepers 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 House-keepers 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 ought 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 unwholsome Provisions dangerous to the Health and Bodies of his Majesties 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 shew 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 publick 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 Forestalling Regrating and Ingrossing 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
constantly put in Execution And if any of the said Overseers and Collectors or Receivers shall be remiss or corrupt herein then 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 proceedings 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 af Suit to be expended in and about the prosecution thereof and if the Suit pass for the Defendant then 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 imployed 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 Serjeant and Yeoman of the Channel and Yeoman of Newgate Market and Foreign-taker while the common Markets were kept in Leadenhall-street 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 Boards 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 publick Charge of the City and that the Revenue thereof ought 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 Boards and other Accomodations for the Market people and likewise from any ways intermedling 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 Serjeant 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. Intituled An Additional Act for Rebuilding of the City of London Uniting of Parishes c. 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. Mary Aldermanbury 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 sevenâ—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 Black-Friers 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. Peters 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 Botolph-lane and St. Botolph Billingsgate One hundred and eighty pounds St. Lawrence 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. Mary at Hill and St. Andrew Hubbard Two hundred pounds St. Mary Woolnoth and St. Mary Woolchurch One hundred and sixty pounds St. Clement Eastcheap and St. Martin Orgars One hundred and forty pounds St. Mary Abchurch and St.
Lawrence Pountney One hundred and twenty pounds St. Mary Aldermary and St. Thomas Apostles One hundred and fifty pounds St. Mary 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. Mary 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 Fosters 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 c. 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 Vnion and Consolidation thereof And be it Enacted c. That the Aldermen of such respective Ward or Wards within the said City wherein any of the said Parishes lye 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 Church-wardens 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 c. and they or the major part of them so assembled shall proportionably assess upon all Houses Shops Warehouses and Cellars Wharfs 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 then what each Impropriator is by this Act enjoyned respectively to allow in the most equal way that the said Assessors according to the best of their Iudgments can make it which said Assessments shall be made and finished before the 24th of July then next And be it further Enacted c. 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 Iudgment 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 ought to be And be it further Enacted c. 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 Premisses 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 Annuntiation of the blessed Virgin Mary last past and ever since been legally Instituted
the arresting and apprehending of all Night-walkers Malefactors and suspected persons which shall be found passing wandring 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 Councel 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 Bridewel Precinct 8 Bartholomew Great 10 Bartholomew Less 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 ill-affected persons not willing to do any duty for the publick 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 then 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 indangered 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 Councel assembled taking the Premisses 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 Councel 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 House-keepers 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 adjoyning 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 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
Christian So help me God c. 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 Traiterous 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 Councel 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 it self 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 Councel 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 Sirnames 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 certifie unto you the Name Sirname 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 Sirname 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 oftner 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 Kings 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 c. 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 Ware-house Door Dead-wall and in all other common Passages and Streets of the said Ward 16. Huâ—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. Measâ—res 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
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 ought 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 Banck 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 ought 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 meer motion have granted and by these Presents for Vs 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 Banck 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 hinderance of Vs 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 Vs our Heirs or Successors to be made to the contrary To have hold and enjoy the aforesaid Office and all and singular the Premisses 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 Accompt or any other thing to be rendred or made thereof to Vs 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 Premisses 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 Councel 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 Councel and besides the two Aldermen monthly assigned the number of Commissioners was encreased 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 expence how great soever if they might ruin their poor Debtors And being often animated thereunto by divers Attorneys and Sollicitors 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 barr 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 strengthning and establishing the said Court. An Act of Parliament was made in the third Year of the Reign of King James Intituled 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 Councel 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 Kings Majesty that now is for the further
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
Conspiracies made against the Kings 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 shew good cause to the Contrary will make the Apprentice Free If an Apprentice shall be unruly or disorderly in his Masters 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 depart 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 Controversie 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 then 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 Inrolled the Master pays 13 2 The Apprentice pays 1 0 If not turned over before the Chamberlain then 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 Inrollment 2 0 To the under Clerk 0 6 For every Indenture that is lost 2 0 For every search 1 0 For every Inrollment 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 Forreigner and let the Apprentice serve such Forreigner and testifie 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 Freemans 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 Freemans Oath the words therein being Ye shall take none Apprentice for no less term then 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 certifie the Major and Council of the City of the name or names