The survey of London containing the original, increase, modern estate and government of that city, methodically set down : with a memorial of those famouser acts of charity, which for publick and pious vses have been bestowed by many worshipfull citizens and benefactors : as also all the ancient and modern monuments erected in the churches, not only of those two famous cities, London and Westminster, but (now newly added) four miles compass / begun first by the pains and industry of John Stow, in the year 1598 ; afterwards inlarged by the care and diligence of A.M. in the year 1618 ; and now compleatly finished by the study & labour of A.M., H.D. and others, this present year 1633 ; whereunto, besides many additions (as appears by the contents) are annexed divers alphabetical tables, especially two, the first, an index of things, the second, a concordance of names.

Orders taken and enacted for Orphans and their Porti∣ons. Anno 1580.

AD Commune Concilium, ten∣tum in Guildhaldia Civitatis Londini, xiij. die Octob. Anno Regni Edvardi sexti, Dei gratia An∣gliae, Franciae, & Hiberniae Regis, fidei defensoris, & in terra Ecclesiae An∣glicanae, & Hibernicae supremi capitis, quinto: coram Andrea Iudde Mi∣lite, tunc Maiore, & Aldermannis Civitatis illius, ordinata sunt inter alia, inactitata, concessa & stabilita, omnia & singula subsequentia.

FOr as much as the City of London is of late yeeres sore decayed, and dayly is like to decay more and more: A great cause and occasion wher∣of, among other, hath beene, for that freemens children (Orphans of the said City) sometimes in the lives of their Parents, and sometimes after their de∣ceases, being left wealthy and rich, doe bestow themselves in ungodly Marria∣ges, for the most part in their young age, at their owne wills and pleasures, without the consent, and against the mindes of their friends, saying and af∣firming, that the Law and Custome of the said City giveth unto them their portions, whether they marry by the assent of their friends or not, and so doe dayly cast away and undoe themselves, in trust to have their said Portions,

whether their parents or friends will or will not.

And thereby doe they bestow them∣selves upon simple and light persons, having neither cunning, knowledge, substance, nor good or honest conditi∣ons. By reason whereof, such Orphans, inordinately, and insolently, doe spend and consume their patrimony and por∣tions in short time, not onely to the un∣doing of themselves, and to the great ignomy and shame of their friends, but also to the great slander of the Lord Maior and Aldermen of this City (who been reputed and taken as Fathers and Protectors of the same Orphanes) and to the great losse and hindrance of the said City.

And for as much as the said Lord Maior and Citizens, have by their lawes, and customes, power and autho∣rity to make lawes and ordinances, by their Common Councel, 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 confor∣mity) by the said Lord Maior, & Com∣minalty, and Citizens, in this present Common Councell assembled, and by authority of the said Common Coun∣cell, enacted, ordained, authorized, and established for a law perpetually to bee observed and kept within the said Ci∣ty: That if any Orphane, or child of any free man or free woman of the said Ci∣ty, doe offend in any the things hereaf∣ter expressed, and bee thereof lawfully convicted, afore the Lord Maior and the Aldermen or else where, that then they and every of them, shall to all en∣tents, purposes, constructions and mea∣nings, be unabled and barred to demand and claime their portion or portions, and also shall lose and forgoe and bee barred for euer, of all and every his, her or their part or parts, and portions to him or them belonging, by and after the death of his or their said father or mother, of the goods and cattals, of e∣very such father and mother, by reason of any law, custome, ordinance, usage, franches, priviledge, act of Common Councell, or other thing, heretofore had or used, within the said City: The same Law, Custome, Ordinance, or other thing whatsoe're, heretofore had, made, ordained, allowed, and put in ure, to the contrary in any wise notwithstan∣ding. That is to wit: First, if any man∣child, or woman-child, shall maliciously goe about or attempt to doe, or cause to be done, any bodily harme, death, or destruction to his or their Father or Mother: Or if any man-child doe here∣after marry or contract marriage in the life of his father or mother (by whom he will claime any portion) under the age of one and twenty yeeres, without the consent of his said Father, or Mo∣ther, by whom he will claime any por∣tion: Or if any woman-child doe here∣after marry or contract marriage, in the life of her father, or other parent, by whom she shall claime any portion, be∣fore the age of eighteene yeeres, with∣out the consent of her father, or such o∣ther parent by whom shee shall or may claime any portion: Or if any man-child be a Theefe, or a Fellon, or a com∣mon whore-hanter; a common Diser, or a common player at unlawfull games notoriously known: Or if any woman∣child shal hereafter commit any whore∣dome, or bee a common Picker, that then every of the persons so offending, shall be barred and excluded to have, or demand any portion.

Provided alwaies, that it shall bee lawfull for the father, or mother of any such child, or children, to give and be∣queath in Legacy, to such child or chil∣dren, as much as the portion of such childe so offending shall amount unto, by the custome of the said City, & then such child therby to be enabled to have and demand the same, as portion, this Act notwithstanding, so that the same Legacy bee contained in his or their re∣stament in writing, and not otherwise.

And that then, and from thenceforth his said child or children, to be admit∣ted and restored to claime such legacy, or legacies, in such sort, manner and forme, as if there had beene never any such offence done, or committed by any such childe.

Item, it is further ordained, enacted, authorized and established, by the au∣thority aforesaid, that if any woman∣child, being an Orphane, and under the age of one and twenty yeeres, at any

time hereafter, after the death of her Father, doe ensure or contract her selfe in marriage, or else according to the Ec∣clesiasticall lawes of this Realme, doe perfitly solemnize or consummate Mar∣riage, with any free man of this City, the consent and agreement of the Lord Maior and Aldermen of this said City of London for the time being, not obtai∣ned and had, that then for every such default and offence committed or done by any Orphane, or Orphanes, of the said City, the same being confessed, or sufficiently proved by two witnesses; or otherwise before the said Lord Maior and Aldermen of this said City of Lon∣don, for the time being, at and in a Court of Aldermen, she or they that so happen to behave her or themselves, as is aforesaid, shall forfeit, forgoe and lose two pence of and for every pound, so due or to bee due unto her, or them, by reason of any such Orphanage, the summe of twelve pence of every pound, to goe, or to be to the use of the Cham∣ber of the said City, according to the ancient custome before this time, in such case used.

And if the said contract or marriage of the said Orphane or Orphanes, bee made with any forreine, not being free of this City, at the time of any such contract or marriage made, that then the said Orphan or Orphans, and every of them shall forfeit and lose three shil∣lings of every pound, or to be due unto her or them, by vertue of any Orpha∣nage or custome had and used within the said City.

The one shilling of the said three shillings of every pound, to goe, or to be, to the use of the Chamber of the said City, in such manner and forme as is aforesaid.

And the other two shillings so for∣feited of every pound, to goe to the use of such other Orphane, or Orphanes, as then shall remaine unmarried. Or else for default of such Orphans, or Orphan, to remaine to the next of the kindred of the Orphane so offending.

Also, be it further ordained, enacted, and established by authority aforesaid, for, & in eschewing of divers variances, contentions, and suits, that daily here∣tofore have, and hereafter may ensue: that if any free mans child, man or wo∣man fortune to bee married hereafter, in the life time of his, or their father, by his consent, and not fully advanced of, and to his, or her full part, or porti∣on of his or her said Fathers goods, as he shall be worth at the time of his de∣cease, according to the ancient lawes and customes of this said City: that then every such free mans child, so be∣ing married in the life time of his, or her Father, shall bee to all intents and purposes, disabled to demand any fur∣ther part or portion of his or her fathers goods, after the decease of his, or her father, but shall be adjudged, reputed, and taken to be fully advanced, accor∣ding as the law and custome of this Ci∣ty hath beene long time out of minde, except his or her said father doe men∣tion certainely in his last Will or Testa∣ment, or by other writing signed with his owne proper name, or marke the certainety of the summe or summes of money, goods and cattels, and the va∣lue of them that the Father gave, pay∣ed or departed withall, or otherwise as∣sured, or hereafter shall give, pay, depart withall, or otherwise make assurance of unto him, or her, before, at or after the marriage of him or her, or otherwise in his life time, for and towards their ad∣vancements, in the name of his, or her part, or portion.

And then every such Orphane, or child, which after the decease of his or her said father, can bring forth the said Testament, or other writing signed or marked with the fathers hand or mark, wherein the certainety of such money, goods, or cattels, as they have or shall have received of their said Father, or by the same Father, assured by especialty, or otherwise, shall have asmuch of the ready money, goods, cattels, and debts of the said Father, as (with that which he or they shall have received towards their advancements, in the life of their said Father) shall make up a full childs part, of his goods and cattels, as he shall bee worth at the time of his decease. The same to be demanded, asked, and claimed, or sued for against the execu∣tor, or executors, administrator, or ad∣ministrators, of the goods, and cattels of the said Father, by bill Originall, to

be commenced to our Soveraigne Lord the Kings Court, holden in the vtter Chamber of the Guild-Hall of the said City, before the said L. Maior and Al∣dermen of the same City for the time being, any Law or Custome heretofore made or used to the contrary notwith∣standing. In which action, no wager of Law, or Essoine, shall bee admitted or allowed.

Provided alway, and it is further en∣acted, that if any freee mans sonne, be∣ing of full age (which shall hereafter be married with the consent of his Fa∣ther, or any other person, being of full age, which shall hereafter marry any free mans daughter) doe at the time of the Espousals, or any time after, con∣fesse themselves by writing fully satis∣fied, of his or their portion, or doe otherwise acquit and discharge the Fa∣ther of such free mans sonnes or daugh∣ters, of all their part and portion due, or to be due, by the Law and Custome of the City; that then every such per∣son, so confessing, acquitting, or other∣wise discharging, shall be reputed and taken as fully advanced of his or their whole part or portion, and shall not be enabled to demand any further or grea∣ter part of the substance, goods, and cattels of his or her Father: this Law, or any other Law or Custome hereto∣fore had, made, or used to the contrary notwithstanding.

And further, for as much as it is thought very prejudiciall and hurtfull to the fatherlesse children & Orphans, when the mother, or mother in Law, being Executrix of the last Will and Testament of her late husband, by whom, and after whose death, the Or∣phanes are intituled to an Orphanage, (according to the said laudable Cu∣stomes of this City) doe divers times marry, or contract Matrimony, some with Forriners, and persons unknowne, and some with Free men, or ever a just Inventory of the Goods, Cattels, Plate, Iewels, ready Money of the Testators, be by them brought in: By reason wher∣of, many times they (either for feare or affection of their husbands, or for some other sinister cause) doe bring in very suspicious Inventories, omitting there∣in either ready Money, Plate, Iewels, or Debts, or some other thing or things, whereby some benefit should redound to the fatherlesse children, to the great losse and hinderance of the Orphanes, and sometimes slander to the Lord Maior and Aldermen of the City, not∣withstanding their great care and tra∣vaile that they take for the good orde∣ring, and true answering of the said Orphanes:

It is therefore, by like authority, or∣dained, established, and enacted, that if after the first day of November next ensuing, any Widow, which is, or shall be made Executrix of the Testament & last Will of her late Husband (being a free man) or shall take upon her the ad∣ministration of the Goods and Cattels of her late Husband (being a free man) doe not upon her Oath bring in and exhibit, or cause to be brought in and exhibited before the Lord Maior and Aldermen of this said City for the time being, at and in a Court of Aldermen, a just and perfect Inventory (to their knowledge) of all the Goods, Cattels, Plate, and Jewels, ready Money, and Debts, as were her said Husbands at the time of his death, appraysed accor∣ding to the Law of the said City, be∣fore she do ensure her selfe in marriage, or contract marriage, or else according to the Lawes of the Realme, doe per∣fectly solemnize or consummate marri∣age with any person before such time as aforesaid, that then every person so offending, shall forfait and lose eight shillings of every pound, of her Por∣tion, of the goods of her late Husband, due to her by the laudable Custome of the said City, the same to goe to the use of such Orphane, or Orphanes, as then shall bee intituled to have or de∣mand any Orphanage or Portion, after the death of his or her late Father▪ the same to be demanded, asked, claimed, or sued for, against such Executrix, or Administratrix, by Bill originall of debt, to bee commenced in our Sove∣raigne Lord the Kings Court, holden in the vtter Chamber of the Guild-Hall of the said City, before the Lord Maior and Aldermen of the same Ci∣ty for the time being, any Law, &c. In which action no wager, &c.