Orders taken & en­acted, for Orphans and their portions.

Anno MD. LXXX.

Imprinted at Lon­don for Gabriel Cawood.

❧ Orders enacted.

FOrasmuch as the Ci­tie sof London, is of late yeres sore decay­ed, and dayly is lyke to decaye, more and more: A great cause & occasion whereoff among other, hath ben, for that frée mens children, (Or­phanes of the sayd Citie) sometimes in the lyues of their Parents, and sometimes after their deceases, bée­ing lefte wealthy and rich, doe be­stow themselues in vngodly Maria­ges, [Page]for the most part in their young age, at their owne wills & pleasures, without the consent and against the mindes of their friends, saying & af­firming, that the Law & custome of the said Citie giueth vnto them their portions, whether they mary by the assent of their friends or not, & so do daily cast away & vndoe themselues, in trust to haue their saide portions, whether their parents or friēds will or will not. And therby doe they be­stow themselues vpon simple & light persōs, hauing neither cūning, know­ledge, substance, ne good or honest cō ­ditions. By reason where-of [...], such Orphanes, inordinately, & insolently, do spende & consume their patrimo­ny & portions in short time, not on­ly to the vndoing of themselues, and to the great ignomie & shame of their friends, but also to the great slaun­der of the Lord Maior & Aldermen of this citie (who bene reputed & ta­ken as Fathers & Protectors of the same Orphanes) & to the great losse and hinderaunce of the sayd Citie.

[Page] And forasmuch as the sayd Lord Maior and Citizens; haue by theyr lawes, and customes, power and au­thoritie to make lawes and ordinaū ­ces, by their common counsaile, for redresse of the same. It is therefore now (to the intent to reduce the same to a more godly, more profitable and decent order and conformitie) by the said Lord Maior, and Communaltie, and Citizens, in this present com­mon counsayle assembled, and by aucthoritye of the same common Counsaile, enacted, ordeined, authori­zed, & established for a Law perpetu­ally to be obserued & kept within the said Citie. That if any Orphane, or child of anye frée man or frée wo­man, of the sayd Citie doe offend in any the things héereafter expressed, and be thereoff lawfully conuicted, afore the Lorde Maior and the Al­dermen or els where, that then they and euery of them, shall to al entents purposes, constructions & meanings; be vnabled and barred to demaund and claime their portion or portiōs, [Page]& also shal lose & forgoe & be barred for euer, of all and euery his, hir, or their part or parts, & portions to him or them belonging, by and after the death of his or their said father or mother, of ye goods & cattalles, of eue­ry such father & mother, by reason of any Law, custome, ordinance, vsage, fraunches, priuiledge, act of Cōmune counsale, or other thing, héeretofore had or vsed, within ye sayd Citie. The same Law, Custome, Ordinaunce, or other thing whatsoeuer, heeretofore had, made, ordeined, allowed, & put in vre, to the contrarye in anye wise notwithstanding. That is to wit. First, if any māchild, or womāchild, shal malitiously go about or attempt to do, or cause to be done, any bodily harme, death, or destruction to his or their Father or Mother: Or if any manchilde do héerafter mary or con­tract mariage in the life of his father or mother (by whom he will clayme any portion) vnder the age of xxi. yeres, without ye consent of his sayd Father, or Mother, by whom hée [Page]will claime any portion: Or if any womanchilde doe héereafter mary or contract mariage, in the life of hir fa­ther, or other parent, by whom she shall claime any portion, before the age of xviii. yeares, without the con­sent of hir Father, or such other Pa­rent by whome shee shall or maye claime any portion: Or if any man­childe bée a Thiefe, or a Fellon, or a common whore haunter, a common Diser, or a cōmon player at vnlaw­full games notoriously known: Or if any womanchilde shal héerafter com­mit any whoredome, or be a common Picker, that then euery of ye persons so offending, shalbe barred & excluded to haue, or demaund any portion.

¶ Prouided alwayes, that it shalbe lawful, for the father, or mother of a­ny such childe, or children, to giue & bequeath in Legacie, to such childe or children, as much as the portion of such child so, offēding shal amoūt vn­to, by the custome of the said citie and then such childe therby to be enabled to haue, & demaund the same, as por­tion, [Page]this Act, notwithstanding, so that the same Legacie be conteined in his or their testament in writing, & not otherwise. And that then, and from thenceforth, his said childe, or childrē, to be admitted and restored to claime such legacie, or legacies, in such sort, manner & forme, as if there had bon neuer any such offence done, or com­mitted by any such childe.

Item, it is further ordeined, enac­ted, authorized and established, by the authoritie aforesaid, that if any wo­manchilde, being an Orphane, & vn­der the age of. xxi. yeares, at any time héerafter, after ye death of hir father, do ensure or contract hir selfe in ma­riage, or els according to the Ecclesi­astical lawes of this Realine, do per­fectly solempnize or consumate Ma­riage, with any frée man of this Ci­tie, the consent & agréemēt of ye Lord Mayor and Aldermen of this sayd ci­tie of Lond [...]n for the time being, not obteined & had, that then for euerye such default & offence committed or done, by any Orphane or Orphanes, [Page]of the sayde Citie, the same béeinge confessed or sufficientlye proued by two witnesses, or otherwise before the said Lorde Mayre and Aldermen of this sayde Citie of London, for the time béeing, at and in a Court of Al­dermen, she or they that so happen to behaue hir or themselues, as is afore sayde, shall forfeit, forgoe and loose. ij. d of and for euery pound, so due or to be due vnto hir, or thē, by reason of any such Orphanage, the summe of. xij. d. of euery. li. to goe, or to be to the vse of the chamber of ye sayd citie, according to the auncient custome before this time, in such case vsed. And if the said contract or mariage of the sayde Or­phan or Orphans, be made with any forrein, not being frée of this Citie, at the time of any such contract or ma­riage made, that then the sayd Ophan or Orphans, and euery of them shall forfait and loose. iij. s. of euery pound, or to be due vnto hir or them, by ver­tue of any Orphanage or custome had and vsed within the sayd Citie. The one shilling of the sayd, iij. s. of euerye [Page]pound, to go, or to be, to the vse of the chamber of the sayd citie, in such mā ­ner & forme as is aforesaid. And the other. tj. s. so forfeited of euery pound, to go to ye vse of such other Orphane, or Orphanes, as thē shal remain vn­maried. Or els for default of such Or­phanes, or Orphane, to remain to the next of the kinred of the Orphane so offending.

Also be it further ordeined, enacted, & established by authoritie aforesayd, for, & in eschewing of diuers variēces, contentions, & sutes, that dayly héere­tofore haue, & héereafter may ensue: yt if any frée mans childe, man or wo­man fortune to be maried héereafter, in the life time of his, or their father, by his consent, & not fully aduaunced off, & to his, or hir full part, or porciō, of his, or hir, sayd Fathers goods, as he shalbe worth at ye time of his disease, according to the auncient lawes and customes, of this sayd Citie: that then euery such frée mans childe, so béeing maryed in the life time of his, or hir Father shalbe to all intents and pur­poses, [Page]disabled to demaunde any fur­ [...]er part or porcion, of his or hir fa­ [...]hers goods, after the disease of his, or [...]ir father, but shalbe adiudged, repu­ [...]ed and takē to be fully aduanced, ac­ [...]ording as the lawe and custome of [...]his citie, hath bene long time out of minde, except his or hir sayd father, do mencion certainly in his last will, or [...]estament, or by other writing signed with his own proper name, or marke [...]he certeintie of the sum or sums of money, goods and cattells, & the value of them that the Father gaue, payed [...]r departed withall, or otherwise [...]ssured or héereafter shall giue, paye, [...]epart withall, or otherwise make as­ [...]urance off, vnto him, or hir, before at [...]r after the mariage of him or hir, or [...]therwise in his lyfe time, for and to­wardes their aduauncements, in the name of his, or hir part, or portion.

And thē euery such Orphane, or childe which after the decease of his or hir sayd Father, can bring foorth the sayd Testamēt or other writing signed or marked with ye fathers hand or mark, [Page]wherein the certeintie of such mone [...] goodes, or Cattells, as they haue o [...] shall haue receiued of their sayd Father, or by the same father, assured b [...] especialtie, or otherwise shal haue a [...] much of the ready money, goods, cattells, and debtes, of the sayd Father as (with that which he or they shal [...] haue receiued towards their aduaūcements, in the life of their said father shall make vp a full childes part, o [...] his goods and Cattells, as he shall b [...] worth at the time of his decease. Th [...] same to be demaunded, asked, & claymed, or sued for against the executor or executors, administratour, or administratours, of the goods, and Cat­tells of the sayd Father, by bill Originall, to be commenced to our souereigne Lord, the kings court, holden in the vtter chamber of the guild-hal [...] of the sayd citie, before the sayd Lord Mayre and Aldermen of the same ci­tie for the time béeing, any law or custome, héeretofore made, or vsed to th [...] contrary, notwithstanding. In which action, no wager of Lawe, or Essoine. [Page]shalbe admitted, or allowed.

Prouided alway and it is further [...]nacted, that if anye frée mans sonne, [...]éeing of full age (which shall heereaf­ter be maried with the consent of his father, or any other pertē, being of ful age, which shall héereafter mary any frée mans daughter) doe at the time of the espousalls, or anye time after, confesse themselues, by writing fully satisfied, of his, or their portion, or doo otherwise acquite and discharge, the Father of such frée mans sounes, or daughters, of all their part and por­tion, due, or to be due, by the Lawe and custome of the Citie, that then e­uery such person, so confessing, acqui­ting, or otherwise discharging, shalbe reputed and taken, as fully aduaun­ced, of his, or theyr whole part, or por­tion, & shal not be enabled, to demaūd any further, or greater part of ye sub­staunce, goods, & cattells, of his or hir Father: this law, or any other law or custome héeretofore had, made, or vsed to the contrary, notwithstanding.

And further, for as much as it is [Page]thought very preiudicial & hurtful the fatherlesse children & Orphane when the mother, or mother in law being executrix of the last wil & test [...] ment of hir late husband, by whom after whose death, the Orphanes a [...] intituled to an Orphanage, (acco [...] ding to the sayd laudable customes [...] this citie) doe diuers times marry [...] contract matrimony, some with for [...] ners, & persons vnknowne, & some [...] Free men, or euer a iust Inuentory [...] the goods, cattels, plate, Iuells, re [...] dy money of the Testatours, be by t [...] brought in: By reason wheroff, man [...] times, they (either for feare or affect [...] on of their husbāds, or for some othe [...] sinister cause) doe bring in very susp [...] tious Inuentories, omittinge there [...] either ready money, Plate, Iuells, o [...] debts, or some other thing, or things whereby some benefit should redoun [...] to the fatherlesse children, to the grea [...] losse and hinderance of ye Orphane [...] and sometime slaunder to the Lord Mayre, and Aldermen of the Citie notwithstanding their great care, an [...] [Page]trauaile that they take for the good ordering, and true aunswering of the sayd Orphanes.

It is therefore, by lyke authoritie, ordeined, established, and enacted, that if after ye first day of Nouember next ensuing, any widow, which is, or shall be made executrix of the Testament and last will of hir late husband, (be­ing a frée man) or shall take vpon hir the administration of the goods, & cat­tells, of hir late husbande (béeing a free man) doe not vpon hir othe bring in, and exhibit, or cause to be brought in, & exhibited before the Lord Mayre, and Aldermen of this sayd Citie, for the time being at, and in a court of Al­dermen, a iust and perfect Inuentory (to their knowledge,) of all the goods, cattells, plate, and Iuells, ready mo­ney, and debts, as were hir sayd hus­bands, at ye time of his death, appray­sed according to the law of the said ci­tie, before she do ensure hir self in ma­riage, or contract mariage, or els ac­cording to the lawes of the Realme, doe perfectly solemnize, or consūmate [Page]mariage with any person, before such time as aforesaid, that thē euery per­son so offending, shall forfait and loose viij s. of euery pound, of hir portion, of the goods of hir late husband, due to hir by the laudable custome of this sayd Citie, the same to go to the vse of such Orphane, or Orphanes, as then shalbe entituled to haue or demaund any Orphanage, or portion, after the death of his or hir late Father, the same to be demaūded, asked, claimed, or sued for, against suche executrix, or administratrix, by bil original of debt, to be commenced, in our Souereigne Lord the kinges Court, holden in the vtter chamber of ye Guild-hall, of the said citie, before the Lord Mayre, and Aldermen of the same Citie, for the time béeing, any law, &c. In which Action, no wager. &c.

¶ Imprinted at London by Tho­mas East, for Gabriel Cawood.

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