SHORT INSTRUCTIONS FOR THE EXECUTORS And ADMINISTRATORS OF FREE-MEN, IN Exhibiting an Inventory, securing ORPHANS Porti­ons, &c.

WITH Several ORDERS of the LORD MAYOR and Court of ALDERMEN relating thereunto.

LONDON, Printed by Samuel Roycroft, Printer to this Honourable City, 1682.

[arms of London]
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Moore Mayor.

IT is Ordered by this Court, That the Paper prepared by Mr. Common Serjeant, and now presented to, and read in this Court, to Intimate the Du­ty of the Executors or Ad­ministrators of Free-men de­ceas'd, in exhibiting an In­ventory Securing the Or­phans Portions, and not Marrying them without Li­cence; with some other par­ticulars [Page]in reference to the Concerns of Orphans, shall be Printed, to remain in Mr. Common Serjeant's Office; and one Copy thereof to be con­stantly delivered by Mr. Com­mon Cryer's Young-man, to the Executor or Administrator of every Free-man deceasing, as soon as may be after such Freeman's Decease, as also to all Persons that now, or hereafter shall have the Guardianship of any Orphans, that they may not pretend Ignorance of their Duty hereafter, as several have fre­quently done, especially in mar­rying Orphans without Licence of this Court.

Wagstaffe.

THE DUTY OF Executors or Administrators OF FREE-MEN, &c.

THe Executor or Ad­ministrator of every Free-man of the City of [Page 2] London dying, and leav­ing a Child or Children under Age, is obliged by the Laws and Customs of the said City, to exhibit in some short time after such Free-mans decease, before the Court of Lord Mayor and Aldermen, an Inventory of his Perso­nal Estate upon Oath, in manner hereafter set down.

And to that end, is first to Appear before the said Court, there to be bound to bring in the Invento­ry within two Months next ensuing.

If the Relict of such Free-man be Executrix or Administratrix, and Marry again before such Inven­tory exhibited, She is finable for the same at the discretion of the said Court.

Immediately after the Free-mans death, All his Goods, Wares, Plate, lewels, Leases, &c. are to be valued and apprais­ed by Four indifferent Free-men, to be Sworn before the Alderman of the Ward wherein the De­ceased lived, or before the Lord Mayor: And the [Page 4] Common Cryer, or his Deputy, is to have No­tice of the time, and be present when the Ap­praisment is made; and the same is to be under the hands of the Apprai­sers and the said Common Cryer. Which, with an exact account of what Money was in the House at the time of the Testa­tors or Intestates de­cease, of what Debts have been received, and what Debts are then standing out or owing to the Estate, and likewise of what Debts such Te­stator [Page 5]or Intestate owed, with Funeral or other necessary Charges (the Time and every mans Name being expressed) the Executor or Admini­strator must bring to the Common Serjeant's Of­fice, there to be Ingrossed; and then, having careful­ly examined it, to Exhibit it upon Oath to be taken, That the same is true and perfect Inventory of all the Deceased's Goods and Chat­tels, Rights and Credits; and, That there is nothing therein Omitted or Sur­charged to the Prejudice of [Page 6]the Orphans, to the best of his Knowledge.

And thereupon the Ex­ecutor or Administrator is bound by Recognizance, if Dwelling within the Freedom, (and by Bond, if without) in a Penalty answerable to the Estate; with Condition, To bring into the said Court, within Two Months next ensuing, good and sufficient Sure­ties to be Bound for the Payment of all the Money due, and belonging to the Orphans; or otherwise, To pay the same into the Cham­ber, for the Orphans Use; [Page 7]And also, At all times thereafter, within one Month after Warning given, to Exhibit into the Court aforesaid, a true and perfect Account in Writing, upon Oath, of all Sperate, Doubtful and Desperate Debts, due to the Deceased, which shall come to the hands of such Executor or Administrator, or the hands of any other by his Appoint­ment.

And further, Within one Month after every such Account exhibited, to bring into the said [Page 8]Court like Sureties, to be bound for payment of so much Money, as upon every such Account shall be found due to the Or­phans, or else to pay the same into the Chamber of London.

Then a Division of the Estate is to be made by the Common Serjeant, Setting forth what is due to the Orphans of the Deceased, as well of Or­phanage as Legacy, both by the Laws and Cu­stoms of the City, and the Last Will of the De­ceased; And the Executor [Page 9]or Administrator is, accord­ing to the Tenor of the Condition [...] afore-said, within the time of Two Months therein limited, to bring and pay the Mo­ney, due to the Orphans upon such Division, into the Chamber, or else bring into the Court aforesaid good and suffi­cient Sureties to be bound by Recognizance or Bond, as the Case re­quires, for payment thereof.

And in case the Execu­tor or Administrator secure the Money, the Condition [Page 10]of the Bond or Recogni­zance to be entred into by the Sureties is, To pay in the said Court of Aldermen, to the Cham­berlain of the City of Lon­don, the Sum or Sums due to the Orphans, when they shall attain their several A­ges of One and Twenty years, or be Married, (if Daughters) which shall first happen; or otherwise, at such Times, and in such manner as in the Last Will (if Legacy) is expressed; And in case of any Or­phans death, then with­in one Month next after [Page 11]such Orphans decease, to pay the Money due to the Orphan dying, into the Chamber aforesaid, to the intent the same may be paid and disposed of where of right it doth appertain; And in the mean time, until the said Sum or Sums be fully satisfied and paid, as a­foresaid, to find and pro­vide for the Orphans Meat, Drink, Apparel, Linnen, Woollen, and all other Conveniencies; and not willingly to suf­fer any of the Orphans to be Married, bound [Page 12]Apparentice, or otherwise to become bound, without the special Licence and Consent of the said Court of Lord Mayor and Aldermen first obtained: And if any of the Sure­ties shall Die, or fall to Decay, then within one Month next after the Death or Decaying of such Surety, to bring such other good and suf­ficient Surety or Sure­ties as the said Court shall accept and allow of, to become Bound in the stead and place of him or them so Dying or Decay­ing.

And Lastly, That the said Sureties, or some of them, do yearly appear before the said Mayor and Aldermen in the Chamber of Guild Hall, on Monday next after Midlent Sun­day.

And if any Executor or Administrator shall neg­lect or refuse to perform any part of the Condi­tion of the Recognizan­ces or Bonds aforesaid, the Common Serjeant is obliged Ex officio to order the Clerk of the Or­phans to Sue them thereupon; and if they [Page 14]neglect or refuse to come and be bound, to bring in an Inventory, to cause them to be brought by Warrant before the said Court, where, if they re­fuse to be Bound, they will be Committed until they comply; or he is to inforce them thereto by other Legal Process, if living in Places re­mote.

Note, That by the Law and Custom of the said City, the Lord Mayor and Court of Aldermen are Guardians to all Orphans of Free-men [Page 15]deceasing, and none ought to intermeddle with them or their E­state, unless appointed thereto by the said Court. And no Orphan, or their Relations, Guardians, or other, ought or should enter upon, or proceed in any Treaty for the Mar­riage of such Orphan, until the said Court be first made acquainted therewith, and have gi­ven their Approbation and Consent thereunto; And if any Person or Persons shall either Marry, or Countribe, [Page 16]Promote, or Countenance the Marriage of any such Orphan, without the Consent and Licence of the said Court first had and obtained, both the Person Marrying the Orphan, and every one Promoting, or Coun­tenancing such Marri­age, are liable to be severely Fined and Im­prisoned for such their Offence.

And further, That no Orphan ought to be Bound or Placed out Apprentice without the Consent of the said [Page 17]Court first had and ob­tained; nor be disposed of, or sent into the Countrey without ex­press Licence from the said Court.

Edwards Mayor.

WHereas Diver Or­phans of this City having Portions in the Cham­ber of London, after they have come of Age, and been Intitled to receive the same, have notwithstanding deferred the Receipt and Acknowledg­ment of Satisfaction for their said Portions before this Court, [Page]according to the ancient and laudable Custom of this City; whereby the said Chamber hath stood charged and bur­thened with payment of Find­ing Money or Interest for the same longer than in Reason, and according to the Custom of this City it ought to have been. For prevention therefore of the like for the future, and to the end that all Orphans, having Portions in the Chamber, so soon as they come of Age (or are Married, if Females) may come and Receive their Por­tions, and acknowledge Satis­faction for the same; It is A­greed and Resolved by this [Page]Court, That hereafter no Inte­rest or Finding Money shall be allowed to any Orphan, for any Money in the Chamber, from and after the Time they come of Age (or be Married, if Fa­males) unto the Time that They shall acknowledge Satis­faction for the same in this Court.

Wagstaffe.

Clayton Mayor.

IT is now Agreed and Esta­blished by this Court, for a Rule to be Observed for the future, That no Finding Mo­ney shall be allowed or paid for any Orphans Portion in the Chamber of London, until an Inventory be first brought [Page]and Exhibited into this Court, of their Fathers or other Per­sons Goods, from whom they Derive their said Portions.

Wagstaffe.

Clayton Mayor.

IT is thought fit; and Or­dered by this Court, That hereafter, when any Account shall be Exhibited of any real Estate belonging to an Orphan, a Rental thereof shall be [Page]brought in at the same Time, and annexed to the first Ac­count that shall be Exhibited of such Estate.

Wagstaffe.

Advertisement.

YOƲ are to take Notice, That the Hours between Nine and Ten of the Clock in the Morning, are appointed for Or­phans Business, and nothing of that Nature will be done after Eleven; My Lord and the Court having Ordered, that this Anci­ent Custom be duly observed.

FINIS.

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