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George Andrews Case.
VPon a Habeas Corpus, one George Andrews was brought to the Bar, and upon a long return by the Mayor, Aldermen, and She∣riffs of London,* 1.1 of their custom concerning the Orphans of Free-men, and for the security of their Portions to be paid to them at the age of 21. years, or at the time of their marriage, or at such time as is appointed by the Will of their Father, or Mother, or other Free-men giving to them any Legacy, they use to take sufficient security of them which ought to pay them, and if they refuse, then to commit them to the Counter untill they give security; and that their customs were confirmed by Act of Parliament, An. 7. R. 2. William Andrews a Free-man having one Son and one Daughter by Emery his Wife died, this George Andrews a Free-man being Suitor to the Wife before marri∣age agreed, that if the Wife would marry him, she should dispose of two hundred pounds, &c. and he was bound in a Statute to permit and suffer her to make her Will, and dispose therof; and after she died, and by her Will gave a hundred pounds to her Son, and a hundred pounds to her Daughter, and the said G.A. agreed to her Will, and yet refused to give security to the Chamberlain of London to pay it at the day appointed by the Will, pretending that he was bound by Sta∣tute to the Friends of the Orphans to perform it: And by the Court he was remanded, for it is a laudable Custom, and the voluntary Ob∣ligation upon marriage is not any discharge as to the security by the Custom, and we will not disparage the Government of the Citty.