[Orphans.] The TEMPORAL GOVERNMENT. [An Act for them.]323

[Orphans.] The TEMPORAL GOVERNMENT. [An Act for them.]
[  The pagination has been corrected; it is page 326 in the original. ]

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 Child.

Item, It is further ordained, enacted, authorized and established, by the Authority 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 self in Marriage, or else, according to the Ecclesiasticall Lawes of this Realme, do perfitly solemnize or consummate Marriage, 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 obtained 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 London, 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, foregoe, and lose two Pence of and for every Pound, so due, or to bee due under her, or them, by reason of any such Orphanage, the sum of twelve Pence of every Pound, to goe, or to be to the use of the Chamber 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, bée made with any Forreine, not being frée of this City, at the time of any such Contract or Marriage made, that then the said Orphan or Orphanes, and every of them, shall forfeit and lose three Shillings of every Pound, or to be due unto her or them, by vertue of any Orphanage 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 a manner and forme as is aforesaid.

And the other two Shillings so forfeited of every Pound, to goe to the use of such other Orphane or Orphanes, as shall then remain unmarried. Or else, for default of such Orphanes, or Orphane, to remain to the next of the kindred of the Orphane so offending.

Also, be it further ordained, enacted, and established by Authority aforesaid, for, and in eschewing of divers variances, contentions, and suits, that daily heretofore have, and hereafter may ensue: that if any Fréeman's Child, Man or Woman, fortune to be 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 portion of his or her said Fathers Goods, as he shall be worth at the time of his decease, according to the ancient Lawes and Customes of this said City; that then every such Fréeman's Child, so being married in the life time of his, or her Father, shall be to all intents and purposes, disabled to demand any further 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, according as the Law and Custom of this City hath béen long time out of minde, except his or her said Father do mention certainly in his last Will or Testament, or by other Writing signed with his own proper Name, or Marke, the Certainety of the Summe or Summes of Money, Goods and Cattels, and the Value of them that the Father gave, payed, or departed withal, or otherwise assured, or hereafter shall give, pay, depart withal, or otherwise make Assurance of unto him, or her, before, at, or after the Marriage of him or her, or otherwise in his Lifetime, for and towards their Advancements, 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 signedor marked with the Father's 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 Especially or otherwsie, shall have as much 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 Child's Part of his Goods and Cattels, as he shall be worth at the time of his Decease. The same to be demanded, asked, and claimed or sued for against the Executor or Executors, Administrator or Administrators, of the Goods and Cattels of the said Father, by Bill Original, to be commenced to our Soveraigne Lord the King's Court, holden in the utter Chamber of the Guild Hall of the said City, before the said Lord Maior and Aldermen of the same City for the time being, any Law or Custom heretofore made or used to the contrary notwithstanding. In which Action, no Wager of Law, or Essoine, shall be admitted or allowed.

Provided alway, and it is farther enacted, that if any Fréman's Sonne, being of full Age (which shall hereafter be married with the Consent of his Father, or any other Person, being of full Age, which shall hereafter marry any Fréeman's Daughter) do at the time of the Espousals, or any time after, confess themselves by Writing fully satisfied of his or their Portion, or do otherwise acquit and discharge the Father of such Fréman's Sonnes or Daughters, of all their Part and Portion due, or to be due, by the Law ans Custome of the City; that then every such Person so confessing, acquitting, or otherwise 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 farther or greater part of the Substance, Goods and Cattels of his or her Father: This Law, or any other Law or Custome heretofore had, made, or used to the contrary notwithstanding.

And further; Forasmuch s it is thought very prejudicial and hurtful to the Fatherlesse Childeen and Orphans, when the Mother of Mother in Law, being Executrix of the last Will and Testament of her late Husband, by whom and after whose Death the Orphans are intituled to an Orphanage, (according to the said laudable Customes of this City) doe divers times marry, or contract Matrimony, some with Forriners and Persons unknowne, and some with Fr´emen, or ever an Inventory of the Goods, Cattels, Plate, Jewels, Ready Money of the Testator's, be by them brought in; by reason whereof, many times they ( either for Fear or Affection of their Husbands, or for some other sinister Cause) doe bring in very suspicious Inventories, omitting therein either Ready Money, Plate, Jewels, or Debts, or some other Thing or Things, whereby some Benefit should redound to the Fatherless Children, to the great Loss and Hinderance of the Orphanes, and sometimes Slaunder to the Lord Maior and Aldermen of the City, notwithstanding their great Care and Travaile that they take for the good ordering, and true answering of the said Orphanes.

It is therefore by like Authority ordained, 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 and last Will of her late Husband (being a Fréeman) or shall take upon her the Administration of the Goods and Cattels of her late Husband (being a Fréeman) 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 Husband's at the time of his Death, appraised according to the Law of the