[Notaries.] The TEMPORAL GOVERNMENT. [Broggers.]242

[Notaries.] The TEMPORAL GOVERNMENT. [Broggers.]



THESE are a Branch of the Scriveners, but their Business being distinct, and different from them, they may deserve to be considered by themselves.

There were sixteen Notaries in the Maioralty of Sir James Haws, who was Maior 1574. viz. Humfrey Brook, George Keval, &c. These made a Complaint to the said Lord Maior against one Richard Candler; who had got a Patent under the Broad Seal, that none but he and his Deputies should make and register Insurances, and Policies, and other Instruments relating to Merchants. Which would be the impoverishing, Overthrow, and utter Decay of all these Notaries Publick of the City, with their Children, Servants, Apprentices and Families, to the number of 120 Persons, and above: Who lived upon the making of Policies, Intimations, Renunciations, and other Writings granted unto the said Candler. They shewed the Lord Maior, that they were Freemen of the City, and examined and admitted, and allowed to their Function by the Archbishop of Canterbury, and his Antecessors, by force of an Act of Parliament Anno 25 Hen. VIII. and confirmed by Act of Parliament 1 Eliz. That they were brought up, from their Infancies, all or the most part, as Apprentices; and sithence poor Housholders, having none other Trade to live by, but only by making of such Writings. They added, that they were lawfully admitted to their Function. That it was a Function that Time out of mind was lawfully used, and reputed as expedient and necessary within this Realm, like as in all other Regions of Christendom. Into which Regions the Suppliants had made divers and sundry Instruments of great Weight: Whereunto good Credit was, and had been granted. That if this Grant should take place, it would also be a great prejudice to the Notaries Servants succeeding them; and in the End of their Terms be forced to seek new Trades of Living. In fine, they prayed the Lord Maior and Aldermen to be a Means to the Queen and her Privy Council, that this Patent might be called in; that the Faculty of Notaries might still be exercised.

Their Complaint against one that had got a Patent for making Insurances and Policies.

J. S.

They moreover shewed their Reasons against this Patent in seven Articles. One was, touching the Office of a Notary: that it had been frequented Time out of mind. And the Prerogative of Admission of Persons meet to the same Function (after the Exoneration of their Predecessors from Exactions and other things from the See of Rome) was granted by Act of Parliament to the Archbishop of Canterbury. And since that Time ratified and confirmed by Act of Parliament also, in the fifth Year of the Reign of the Queen's Majesty. From whom they, the Suppliants, had their Authority. The which according to the express Words of the former Statute of King Henry VIII. ought to be accepted, approved and allowed and admitted, good and effectual in the Law, in all Places, Courts and Jurisdictions, as well Spiritual and Temporal within this Realm, as elsewhere within her Majesty's Dominions, without any Revocation or Repeal to be had thereof: And all Acts to be done, had or executed according to the Tenour of that King's Grant, made by Authority of the said Act of Parliament, ought to be firm, permanent, and remain in force, as by the same Statute appeared. Which Premisses would be abridged and taken from them, if the Queen's Letters Patents granted to Candler should not be revoked.

With their Reasons against such a Patent.


[ Click here to view Image of blank coat of arms, Broggers' or Brokers' Company   ]

THEY were called Broggers in a Statute 10 Ric. II. and in Latin they are stled Abrocarii or Broccarii, an Office of Antiquity and Credit. Formerly they were to be recepti ac jurati. Again, none to be Brocars in any Mystery, unless chosen by the same Mystery. Further, none of them to make Contracts of Usury or Bargain, unless he bring the Seller and Buyer together, &c. Now Brokers are such as are Assistants to the Merchants in buying and selling, and in their Contracts; concerned also in the Writing of Insurances and Policies, and such like. And therefore formerly they had their Dwellings near the Exchange, and were Freemen of the City. And so much depending upon their Truth and Honesty, they were sworn, and bound with Sureties in divers and sundry great Sums of Money, for their honest and true Dealings in their Faculty. About the Year 1574, there were thirty of them in number, and no more.

What their Office and Business is.

J. S.

City Records.

A. G.

The Practisers of this Calling were, about the said Year, like utterly to be undone, as the Notaries before were, and upon the same Cause, viz. by a Patent obtained by Candler, that none but he, or his Deputies, should make and register Policies and Instruments of Assurance. Which Time out of mind were done by Notaries Public, and by the sworn Brokers of the City. These Brokers therefore petitioned the Lord Maior and Court of Aldermen, to be a means to the Queen, that the Premisses might be revoked: Otherwise it would be their utter undoing. That it would also be an Infringment upon the Liberty of every good Citizen, who before might make his Writing and Assurances himself, and use neither Broker nor Notary, except he pleased himself. Nor was it good, that one Man should have an Office of divers Mens Livings. They urged moreover, that the old Freedoms, Liberties and Customs of this City might be maintained, kept and continued: and that every Freeman ought to be free, and occupy his Trade in all such things, as for the Maintenance of his Living he might by good Order.

The Brokers, in danger of being undone by a Patent, petition against it.

They shewed likewise the Discommodities and Dangers of this Patent to the Merchants. That the Merchants had good Choice of Notaries and Brokers: Who upon a sudden might be ready, and diligent to serve their Turns, as well in making their Policies, as in procuring Subscriptions of the same, as also in making Intimations and other Writings incident thereunto. By which speedy Dispatch divers Losses and Inconveniences, which otherwise might happen, were prevented. That if all this serving Merchants Occasions should be committed to one peculiar Person, it were not possible but great Discommodities and Losses would happen to many for lack of Dispatch. That the Merchants found great Commodity and Surety by dealing with Notaries and Brokers, known to be skilful, secret, careful and diligent, in using and doing their Offices with Expedition. That it would be a great Bondage to Merchants to be tied to one particular Person, who might

The Merchants incommoded by it.