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.