A Recit [...]l of STOW's Collection concerning the Rise, Profi [...]bleness, and Continuance of the Court of Requests, or Court of Conscience in the City of LONDON: Together wi [...]h the ACT of Parliament of 3 JACOBI Regis, for Establishing and Confirmation of the same.
A brief Collection how the Court of Request, commonly called the Court of Conscience in London, hath been established and continued for many years past, for the relief of poor Debtors in London, and the liberties thereof, viz.
FIrst, I find that primo Februarii, Anno 9 H. 8. an Act of Common Council was made, that the Lord Mayor and Aldermen of the same City for the time being, should monthly assign and appoint two Aldermen, and four discreet Commoners to be Commissioners to sit in the same Court twice a week, viz. Wednesday and Saturday, there to hear and determine all matters brought before them between party and party (being Citizens and Freemen of London) in all cases where the due debt or damage did not exceed forty shillings.
This Act was to continue but for two years then next ensuing: But being found charitable and profitable for the relief of such poor Debtors as were not able to make present payment of their Debts, and to restrain malicious persons from proceeding in their wilful Suits: 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 Suits in Law for the same elsewhere: The same Act hath sithence been continued by divers other Acts of Common Council: and hereby (besides the said two Aldermen monthly assigned) the number of Commissioners were increased from four to twelve. And so by that Authority the same Court continued till the end of the Reign of Queen Elizabeth, &c.
And then divers people, being Citizens and Freemen of London (contrary to their Oaths formerly taken) repining at the authority of the same Court, and not regarding the expence of any charges how great soever, so they might have their desires upon their poor Debtors, and being often animated thereunto by divers Attorneys and Sollicitors (for their own particular gain) did daily commence Suits, for such petty debts and causes against poor men (Citizens and Freemen of London) in the high Courts at Westminster, or elsewhere out of the said Court of Requests, to avoid the Jurisdiction of the same Court, and to bar the said Commissioners from staying such Suits, and examining the said Causes, and thereby caused the said poor men many times to pay six times as much charges as their principal debts or damage did amount unto, to the undoing of such poor men, their wives and children, and also to the filling of the Prisons with the poor so sued: where otherwise they might have got their Debts in the said Court of Requests, for very small charge and little trouble.
For remedy whereof, and for the strengthning and establishing the said Court, an Act of Parliament was then made in Anno primo Jacobi Regis, that every Citizen and Freeman of London, that had, or should have any Debts owing to him, not amounting to forty shillings, by any Debtors (Citizens and Freemen of London, inhabiting in London or the Liberties thereof, should or might cause such Debtors to be warned to appear before the Commissioners of the said Court; and that the said Commissioners, or the greater number of them, should from time to time set down such Orders between such parties, Plaintiff and Defendant, Creditor and Debtor touching such Debts not exceeding forty shillings, as they should find to stand with equity and good conscience.
But sithence the making of that Act, divers persons (intending to subvert the good and charitable intent of the same) have taken hold of some doubtful and ambiguous words therein, and have wrested the same for their own lucre and gain, to the avoiding the jurisdiction of the same Court, contrary to the godly meaning of the said Act.
For remedy whereof, and to the intent that some more full and ample provision might be made for the further establishing and strengthening of the said Court, and for the better relief of such poor Debtors; another Act of Parliament was made, Anno 3 Jac. whereby the authority of the said Commissioners was much inlarged, viz. that every Citizen and Freeman of London [and every other person and persons inhabiting, or that shall inhabit within the City of London, or the Liberties thereof, being a Tradesman, Victualler, or Labouring man,] which have or shall have any Debts owing to him or them, not amounting to forty shillings, by any Citizen or Freeman [or by any other person or persons (being a Victualler, Tradesman, or Labouring man) inhabiting within the said City, or the Liberties thereof] should or might cause such Debtors to be warned to appear before the said Commissioners of the Court of Requests. And the said Commissioners, or any three or more of them, shall have power to set down such Orders between Plaintiff and Defendant, Creditor and Debtor, touching such Debts not amounting to forty shillings, as they shall find to stand with equity and good conscience. Also the said Commissioners, or any three, or more of them, have power (by the said Act) to minister an Oath to the Creditor or Debtor, and to such Witnesses a [...] shall be produced on each part: And also to commit to prison in one of the Counters, such Creditor or Debtor, as shall not appear upon lawful Summons, or not perform such Order as the said Commissioners, or any three or more of them shall set down. And by this last Act, the said Court of Request is established and continued to this day; and God grant it may so long continue to the relief of the poor, &c.
A Remedy for Recovery of small Debts, and for the Relieving of the poorer sort in LONDON.
WHereas by vertue of divers acts of Common Council made within the City of London, the Lord Mayor 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 Guild-hall of the same City, there to hear and determine all matters of debt not amounting to the sum of xl. s. 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 Soveraign Lord the Kings Majesty that now is, for the further relief of such poor debtors, and more perfect establishing of the said Court, there was made and provided an Act, intituled, 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 Jurisdiction 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 debtors, Be it enacted by authority of this present Parliament, That every Citizen and Free-men 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 other reasonable warning or notice to be given to the said debtor or debtors, to appear before the Commissioners of the said Court of Requests, holden in the Guild-hall of the said City. And that the said Commissioners, or any three of them or more, shall have power and authority by the vertue of this act, from time to time, to set down such order or orders between such party or parties plaintiff, 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 defendant, to observe, perform and kéep the same in all points.
And that for the more due procéeding 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 any action of debt, or action upon the case upon an Assumpsit for the recovery of any debt, to be sued or prosecuted against any the person or persons aforesaid, in any of the Kings Courts at Westminster or elsewhere out of the said Court of Requests, it shall appear to the Judge or Judges 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 xl s. and the defendant in such action shall duly prove either by sufficient testimony, or by his own oath, to be allowed by any the Judge or Judges of the said Court where such action shall depend, that at the time of the commencing of such action, such defendant was inhabiting and resiant in the City of London or the Liberties thereof, as above: That in such case the said Judge or Judges 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 Judge or Judges, 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 him or them, in manner and form before in this act 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, for or concerning such debts as aforesaid: That then it shall be lawful for the said Officer of the said Court, or any other of the Serjeants 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 Testament or Matrimony, or any thing concerning or properly belonging to the Ecclesiastical Court, albeit the same shall be under xl s. Any thing before contained to the contrary in any wise notwithstanding.
And be it enacted by the authority aforesaid, That the said act made in the first year of the Kings Majesties reign, be from the end of this Session of Parliament, for and concerning any order to be made in the said Court of Requests, after the end of this Session of Parliament utterly repealed.
There being now humbly proposed to this High Court of Parliament, A Bill (for a Law) for the like Relief of the Poorer sort of People in the Suburb. Parishes within the Bills of Mortality, who are very numerous, and need all the ease from Oppression as may be afforded them: for that such Establishment will also advance the Credit of such Poor, by encouraging Traders to trust them with necessaries; when by this they may in a moderate and certain way obtain their Debts as the Commissioners in their discretion do find and adjudge the Debtors shalt pay, when by the Charge of Six pence they may recover the same by the above said means, and if the Debtor should prove obstinate (which seldom is) the whole Charge of the said Suit to Execution amounts not to above Five shillings, nor ever can, Provision being made in the Bill to the contrary.
And therefore the Opposers of so good and charitable a Law (as now lies at His Majesties Feet and the High Court of Parliament, whom God preserve) are referred to and answered by the Act above-recited, which was made and commended by that eminently wise Prince and his Parliaments.
So that whatever Alterations have been made in the Bill for erecting a Court of Conscience in the City of Westminster, yet that other Bill depending in the Honourable house of Commons for erecting a Court of Conscience in Southwark, another in the Tower Hamblets, and a third in the remaining Parishes of Middlesex, within the Weekly Bills of Mortality, have no more, nor other in their Constitution, than is drawn from the long practice of the City of London, and is exactly Conform to the Acts of Parliament, and doth not meddle with Trespasses.