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
person or persons that shall take for his or their fare or labour above the prices that shall be assessed viewed written and set up in form aforesaid shall forfeit for every such Offence Forty shillings and also shall suffer imprisonment for One half year The one Moiety of the said Forfeiture to be to the King c. and the other Moiety thereof to him or them that will sue for the same in any of the King's Courts of Record by Action of Debt or by any other the ways or means above specified wherein no Wager of Law Essoin Protection or Injunction shall be admitted or allowed for the Defendant or Defendants The Rates signed and agreed upon by the Privy Council and the Lord Major and Court of Aldermen to be taken by Watermen From London to Limehouse Oars Skuller 1 s. 6 d. From London to Newcrane Oars Skuller 1 s. 6 d. From London to Shadwell Dock Oars Skuller 1 s. 6 d. From London to Bell-Wharf Oars Skuller 1 s. 6 d. From London to Ratcliff-Cross Oars Skuller 1 s. 6 d. From London to Wapping Dock Oars Skuller 6 d. 3 d. From London to Wapping New-stairs Oars Skuller 6 d. 3 d. From London to Wapping Old-stairs Oars Skuller 6 d. 3 d. From London to The Hermitage Rotherhith Church-stairs Oars Skuller 6 d. 3 d. From London to Rotherhith-stairs Oars Skuller 6 d. 3 d. From St. Olaves to Rotherhith Church-stairs and Oars Skuller 6 d. 3 d. From St. Olaves to Rotherhith-stairs Oars Skuller 6 d. 3 d. From Billingsgate to St. Saviour's Mill Oars 6 d. Skuller 3 d. From St. Olaves to St. Saviour's Mill Oars 6 d. Skuller 3 d. All the Stairs between London Bridge and Westminster Oars 6 d. Skuller 3 d. From either side above London Bridge to Lambeth Oars Skuller 1 s. 6 d. From either side above London Bridge to Foxhall Oars Skuller 1 s. 6 d. From Whitehall to Lambeth Oars Skuller 6 d. 3 d. From Whitehall to Foxhall Oars Skuller 6 d. 3 d. From Temple to Lambeth Oars Skull 8 d. 4 d. From Dorset-stairs to Lambeth Oars Skull 8 d. 4 d. From Black-Frier-stairs to Lambeth Oars Skull 8 d. 4 d. From Pauls-wharf to Lambeth Oars Skull 8 d. 4 d. Over the Water directly in the next Skuller between London Bridge and Lime-house or London Bridge and Foxhall 2 d. From London to Gravesend whole Fare 4 s. 6 d. with Company 9 d. From London to Graise or Greenhive whole Fare 4 s. with Company 8 d. From London to Purfleet or Eriff whole Fare 3 s. with Company 6 d. From London to Woolwich whole Fare 2 s. 6 d. with Company 4 d. From London to Blackwall whole Fare 2 s. with Company 4 d. From London to Greenwich whole Fare 1 s. 6 d. with Company 3 d. From London to Deptford whole Fare 1 s. 6 d. with Company 3 d. From London to Chelsey Buttersey Wansworth whole Fare 1 s. 6 d. with Company 3 d. From London to Putney Fullham Barn Elms whole Fare 2 s. with Company 4 d. From London to Hamersmith Chiswick Mortclack whole Fare 2 s. 6 d. with Company 6 d. From London to Brentford Isleworth Richmond whole Fare 3 s. 6 d. with Company 6 d. From London to Twickenham whole Fare 4 s. with Company 6 d. From London to Kingston whole Fare 5 s. with Company 9 d. From London to Hampton Court whole Fare 6 s. with Company 1 s. From London to Hampton Town Sunbury Walton whole Fare 7 s. with Comp. 1 s. From London to Walton Weybridge Chertsey whole Fare 10 s. with Company 1 s. From London to Stanes whole Fare 12 s. with Company 1 s. From London to Windsor whole Fare 14 s. with Company 2 s. Rates for carrying Goods in the Tilt-Boat between London and Gravesend For a half Firkin 1 d. For a whole Firkin 2 d. For a Hogshead 2 s. For a hundred weight of Cheese Iron or any heavy Goods 4 d. For a Sack of Salt or Corn 6 d. For an ordinary Chest or Trunk 6 d. For an ordinary Hamper 6 d. For every single Person in the ordinary Passage 6 d. For the hire of the whole Tilt-Boat 1 l. 2 s. 6 d. The Lord Major for the time being may cause any person inhabiting within London or the Liberties to be summoned to appear before his Lordship upon the Complaint of any Citizen and for non-appearance may grant his Warrant to bring such person before him and hath power to hear and determine differences between party and party If any Apprentice or other Person shall be carried on Ship-board or there detained against his will my Lord Major may send his Warrant by his Water-Bailiff and compel the Captain or Commander of the Vessel to release such Person The Citizens of London are Toll-free throughout England and the Lord Major usually at the Request of any Citizen that trades in remote parts grants his Warrant or Certificate to such Citizen in these words TO all Christian People to whom this present Writing shall come or the same shall see hear or read J. S. Knight Lord Major of the City of London sendeth Greeting in our Lord God everlasting Know ye that amongst other notable and ancient Liberties Priviledges and free Customs by the Charters of the Noble Progenitors of our most dread Sovereign Lord the King that now is to the Citizens of the said City of London granted And also by the Authority of divers Parliaments ratified and approved These Articles and Priviledges under-written in the same Charters be contained that is to say That all the Citizens of the said City of London and all their Goods and Merchandizes shall be quit and free in by and through all the Power and Dominions of the King our said Sovereign Lord And that the said Citizens shall and man may freely without impediment of the King's Highness or of any of his Subjects carry convey utter sell and put to sale their Goods and Merchandizes as well on this side the Sea as beyond and by the Ports of the Sea as well on this side the Sea as beyond And that the same Citizens and all their Goods and Merchandizes shall be quit and free of all manner of toll passage lastage pickage pontage murage prisage of Wine and of all other Customes And that the same Citizens at their wills and wheresoever they will shall and may stay abide and remain within any part of the King's Dominions to utter buy and sell any manner of Goods Wares or Merchandizes frank and free without any lett impediment or restraint of the King's Highness or of any of his Majesties Subjects as they alwaies heretofore accordingly have used and accustomed And if any person or persons within any place of any part of the Dominions of the King's Highness on this side the Sea or beyond do molest grieve lett or trouble any of the said Citizens their Attorneys Factors Assigns or Servants in about or concerning any the Premisses or take any toll
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
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
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
Relief of such poor Debtors and more perfect establishing of the said Court there was made and provided and Act entituled An Act for recovery of small Debts and relieving of poor Debtors in London And whereas since the making of the said Act divers persons intending to subvert the good and charitable intent of the same and taking hold of some doubtful and ambiguous words therein do wrest the same for their own lucre and gain to the avoiding the Iurisdiction of the said Court contrary to the godly meaning of the said Act. For the Remedy whereof and to the intent that some more full and ample provision may be made for the Relief of such poor Debtor Be it enacted by Authority of this present Parliament That every Citizen and Freeman of the City of London and every other person and persons inhabiting or that shall inhabit within the said City or the Liberties thereof being a Tradesman Victualler or a Labouring man which now have or hereafter shall have any Debt or Debts owing unto him or them not amounting to Forty shillings by any Citizen or by any other person or persons being a Victualler Tradesman or Labouring man inhabiting or that shall inhabit within the said City or the Liberties thereof shall or may cause such Debtor or Debtors to be warned or summoned by the Beadle or Officer of the said Court of Requests for the time being by writing to be left at the dwelling house of such Debtor or Debtors or by any other reasonable warning or notice to be given to the said Debtor or Debt rs to appear before the Commissioners of the said Court of Requests holden in the Guildhall of the said City And that the said Commissioners or any three of them or more shall have power and authority by virtue of this Act from time to time to set down such Order or Orders between such party or parties Plaintiffs and his or their such Debtor or Debtors Defendants touching such Debts not amounting to the value of Forty shillings in question before them as they shall find to stand with Equity and good Conscience All such their Order or Orders to be registred in a Book as they have been accustomed and as well the party Plaintiff as the Debtor or Defendant to observe perform and keep the same in all points And that for the more due proceeding herein it shall be lawful for the same Commissioners or any three or more of them to minister an Oath to the Plaintiff or Defendant and also to such Witnesses as shall be produced on each party if the same Commissioners or any three of them or more shall so think it meet And be it further Enacted by the Authority aforesaid That if in any Action of Debt or Action upon the Case upon any Assumpsit for the Recovery of any Debt to be sued or prosecuted against any the person or persons aforesaid in any of the King's Courts at Westminster or elsewhere out of the said Court of Requests it shall appear to the Iudge or Iudges of the Court where such Action shall be sued or prosecuted that the Debt to be recovered by the Plaintiff in such Action doth not amount to the sum of Forty shillings and the Defendant in such Action shall duly prove either by sufficient Testimony or by his own Oath to be allowed by any the Iudge or Iudges of the said Court where such Action shall depend that at the time of the commencing of such Action such Defendant was inhabiting and resident in the City of London or the Liberties thereof as above That in such case the said Iudge or Iudges shall not allow to the said Plaintiff any Costs of Suit but shall award that the same Plaintiff shall pay so much ordinary Costs to the party Defendant as such Defendant shall justly prove before the said Iudge or Iudges it hath truly cost him in defence of the said Suit And be it further Enacted That if any such Plaintiff or Creditor Defendant or Debtor after warning given to him or them in manner and form before in this Art mentioned by the said Officer of the said Court of Requests shall without some just or reasonable cause of Excuse refuse to appear in the said Court before the said Commissioners or shall not perform such order as the said Commissioners or any three or more of them shall set down or concerning such Debts as aforesaid That then it shall be lawful for the said Court or any other of the Sergeants at Mace of the said City by Order of the said Commissioners or any three or more of them to commit such party or parties to prison into one of the Counters of the said City there to remain until he or they shall perform the order of the said Commissioners in that behalf Provided always That this Act or any thing therein contained shall not extend to any Debt for any Rent upon any Lease of Lands or Tenements or any other real Contracts nor to any other Debt that shall arise by reason of any cause concerning a Testament or Matrimony or any thing concerning or properly belonging to the Ecclesiastical Court albeit the same shall be under Forty shillings Any thing before contained to the contrary in any wise notwithstanding THe Lord Major and Court of Aldermen do monthly assign such Aldermen and Commons to sit as Commissioners in the said Court as they think fit And the same persons or any three of them make a Court and do sit in Guildhall every Wednesday and Saturday in the Forenoon to hear and determine such Causes as come before them A Cause may be brought and determined in this Court for 10 d. Charge viz. Six pence for the Plaint and the Summons and 4 d. for the Order But if the Defendant do not appear the second Court day after Summons an Attachment will be awarded against him which will compel him to appear and encrease the Charge If any Citizen shall be arrested for a Debt under 40 s. this Court will grant a Summons for the Plaintiff in the Action and if he appear not the first Court day after the Summons left at his House will grant an Attachment against him and force him to take his Debt and pay the Defendant his Costs And if any Attorney in London shall presume to go on in any such Suit after notice to the contrary or shall refuse to obey the Order of this Court upon Complaint thereof made to the Court of Aldermen they will suspend such person In the Majoralty of Sir Craven an Attorney in the Sheriffs Court was sent for by the Commissioners sitting in this Court and he refusing to come before them they made Complaint to the Court of Aldermen who thereupon made an Order as followeth Craven Major Jovis 24º die Januarij Anno Domini 1610. Annoque Regis Jacobi Angl ' c. octavo THis day Sir John Jolls Knight and Alderman of this City did declare unto this Court That he and
three discreet Commoners of this City amongst others assigned by this Court to be Commissioners for this instant Month of January for the Court of Requests commonly called the Court of Conscience according to an Act of Parliament made in the Third Year of the Reign of the Kings Majesty that now is And that they sitting in the said Court of Conscience in the Guildhall of this City yesterday last being Wednesday the three and twentieth of this instant January to hear and determine Matters for the Recording of small Debts and relieving of poor Debtors in this City according as by the said Act of Parliament they are authorized and only out of a conscionable Care to be certainly informed of the true state of a Case brought before them and which was depending in the Sheriffs Court where they were informed that Thomas Hutton one of the Attorneys in the Sheriffs Court was retained for the Plaintiff in the said Court And the said Hutton being in the Guildhall in the view of the said Sir John Jolls and other the Commissioners the said Commissioners commanded the Beadle of the said Court to go to the said Hutton and require him presently to come to the said Sir John Jolls and the other Commissioners And albeit the Beadle went two several times to him yet the said Hutton peremptorily and contemptuously made answer That he neither could nor would come to them The which being here examined in full open Court and the said Hutton called to answer the same was in part confessed by the said Hutton and also proved by the Oath of the Clerk and Beadle of the said Court of Requests And to aggravate the said Offence and Contempt the said Hutton here in open Court did affirm That he knew not what Authority that Court had to send for him The which Indignities and Contempts offered to Commissioners chosen by this Court and established by Act of Parliament and to an Alderman of the City of London by a Subordinate Officer of this City This Court do generally hold the same intolerable and the said Hutton worthy of severe and condign punishment And therefore do order and decree that the said Thomas Hutton shall be presently and absolutely dismissed and this Court doth absolutely dismiss him of and from his said Place and Office of One of the Attorneys of the said Sheriffs Court aforesaid And Mr. Dale one of the Iudges of the said Court was sent for and being here private was required to take notice thereof and to publish the same in the Sheriffs Court and to take private Order that the said Thomas Hutton be not admitted hereafter to practise any more in the said Court The Clerks Fees of this Court FOr every Plaint 2 d. For every Appearance 2 d. For every Order 4 d. For every Precept or Warrant to commit to Prison 6 d. For every Search 2 d. For every satisfaction acknowledged upon an Order 6 d. Beadles Fees FOr warning every person within the Liberties 4 d. For warning every person without the Liberties 6 d. For serving every Precept or Warrant 4 d. THE SHERIFFS COURTS EAch Sheriff holds a Court of Record in Guildhall viz. every Wednesday and Friday for Actions entered at the Woodstreet Compter and every Thursday and Saturday for Actions entered at the Poultry Compter There is eight Attorneys belonging to these Courts who of right ought to have three Fees in every Cause that is or shall be brought to Trial viz. a Fee For the Appearance a Fee at Issue and a Fee upon Summons for Trial But if the Cause shall be summoned more than once he is to have a Fee upon every Summons Note That an Attorneys Fee in this Court is 1 s. 8 d. and no more The Attorneys of these Courts are admitted by the Court of Aldermen and must take the following Oath The Oath of the Attorneys of the Sheriffs Courts YE shall swear that ye shall well and lawfully do your Office of Attorney and well and lawfully examine your Client and their quarrel without Champarty and without procuring of any Iuries or any Enquest embrasing And that ye shall change no quarrel out of his nature after your understanding Also ye shall plead Ne ley ne suffer to be pleaded or leyed by your assent no Forreign Release Acquittance Payment Arbitration plain Accompt whatsoever it be to put the Court out of his Iurisdiction nor none other matter but it be such as ye may find rightful and true by the Information of your Client whose information and saying upon your Oath and Conscience ye shall think to be true And ye shall not enform ne enforce any man to sue falsly against any person by false or forged Action Ready ye shall be at all times to come and attend at the warning of the said Major and of the Sheriffs of the said City unless ye be letted about the business of this City or for some other reasonable cause The Franchises Laws and Ordinances of this City you shall keep and do to be kept to your power And that well and lawfully ye shall do all things that to the Office of Attorney pertaineth to do As God help you There is two Secondaries two Clerks of the Papers two Prothonatories and eight Clerk-sitters belonging to these Courts The Secondaries allow and return all Writs brought to remove Causes out of these Courts The Clerks of the Papers file and copy all Declarations upon Actions in these Courts The Prothonatories do draw and ingross all such Declarations The Clerk-sitters enter Actions and Attachments and take Bails and Verdicts The Attorneys have not the custody of any Record belonging to these Courts their business is only to take their Fees due to them in every Cause and to give their Clients notice of Declarations and Trials and to advise them when and what to plead All Subpoena's for Witnesses to appear in these Courts are made by the Clerks belonging to the Judges of these Courts The Fees for a Trial in these Courts The Action 0 4 The Arrest 1 0 The Attorneys Fee 1 8 The Declaration if general 1 4 The Court Fees hereon 0 8 The Deletur 0 4 The Issue and Attorneys Fee 4 0 The Summons of the Jury and Attorney's Fee 4 8 The Subpoena 2 0 The Councel well deserve 5 0 The Juries Verdict 4 6 The Judgment 2 6 The Execution 1 4 If the Declaration be special the Prothonatories Fee for every sheet drawing and ingrossing is 0 8 The Defendants Fees for a Trial. The Attorneys Fee for Appearance and the Court Fees 2 6 The Copy of the Declaration 4 d. per sheet The Issue and Attorneys Fee 3 8 Attorneys Fee upon the Summons 1 8 After a Verdict obtained in either of these Courts and before Judgment entered the Defendant may stop Judgment by marking the Cause before the Lord Major for time to pay the Money recovered which he may do by speaking to an Attorney in the Majors Court and giving him