[Orphanage.] The TEMPORAL GOVERNMENT. [opposed.]326

[Orphanage.] The TEMPORAL GOVERNMENT. [opposed.]

to the said Mayor and Commonalty, and Citizens of the said City of London.

And if any Collector or Collectors, who shall by virtue of this Act be appointed for the receipt of any Sum of Money hereby to be assessed, neglect or refuse to pay any Sum or Sums of Money which shall be by him or them received as aforesaid, and to pay the same as in and by this Act is directed, and shall detain in his or their hands any Money received by him, them, or any of them, and not pay the same at such Time and Place as by this Act is directed, or shall pay any part thereof to any Person or Persons, other than to the said Chamberlain, that every such Collector shall forfeit for every such Offence double the Sum of Money by him so wrongfully paid or detained, to the said Mayor and Commonalty and Citizens.

And be it further ordained and enacted, That if the Deputy or Deputies, and Common Councilmen of any of the Wards within this City, shall refuse or neglect to deliver to the Chamberlain of this City for the time being, by the space of ten Days next after the said 3d day of July, the Names of the respective Persons by them appointed to collect the said Rates and Duties respectively, and the several Sums with which they stand respectively charged, according to the Directions of this Act; that then the Chamberlain of the said City for the time being, shall lay before the Committee of the City's Lands, at their next Pæting, an account of the Persons so neglecting or refusing; to the intent that the said Committée shall and may take such Course as they shall think proper and necessary, in order to compel the Persons hereby directed and appointed, to make the said Assessments, and to appoint Collectors of the same, when made, and to execute the Powers and Authorities hereby given them.

And it is hereby farther enacted, That all Penalties and Forfeitures in and by this Act limited and appointed, shall and may be recovered by Action of Debt, to be commenced and prosecuted in any of the Courts of Record within this City, in the name of the Chamberlain of the same City for the time being: In all which Actions the Chamberlain (in case he do recover) shall be allowed his ordinary Costs and Charges expended in and about the Prosecution of the same. And if Judgment be given against the Plaintiff in any such Suit, or such Suit shall be discontinued, then the Defendant shall also recover his Costs.

But long before this, viz. in the Year 1586, this ancient Custom was shook. For some there were, who disliked and opposed this Practice of the City, to take into their Custody the Portions and Estates of Orphans, and to stint Freemen in making their last Wills, as to the Disposition of their own Estates; thinking it hard that they might not have the Liberty of bestowing what they had gotten, according to their own Minds and Pleasures.

This Custom opposed Ann. 1586.

J. S.

That which gave Occasion to this Complaint at this time, was, the last Will and Testament of Sir James Harvey, Knt. late Alderman of that City of London. Who had left Sebastian Harvey, his eldest Son, his Executor, and given him so largely, that the younger Children had not their Share allowed by the Custom of Orphanage. Sir James had done this out of a partial Kindness to the said Sebastian, and some conceived Disgust against the rest of the Children, Sebastian being a principal Party in that hard Action and Device of his Father. So that he was charged with the endeavour of Couzening his Brother and Sisters of their Share in their Father's Estate by indirect Practices. And so he for his own Ends laboured to overthrow this Custom of Orphanage;which was done by him, contrary to two Oaths that he had taken. But hereupon at length the Orphans made their Complaint to the Lords of the Council. And so there was a Bill depending between the Orphans of Sir James Harvey, Knt. and Sebastian Harvey, Executor of the said Sir James, Defendant.

Sir James Harvey's Will contrary to this Custom.

Anno 1586.

Sir Wolstan Dixie, Lord Maior, and the Court of Aldermen, since they had taken divers Oaths for the Maintenance of the said Custom, wrote a Letter to the said Lords, and recommended to their Consideration a brief Note concerning the Benefits and Necessity of that Custom, and the dangerous Inconvenience that might ensue to the State of the City by infringing thereof. Therefore they prayed their Lordships by their Providence to prevent so great a Prejudice toward the good Estate of the City, and to patronize and protect the said Custom and other the Laws and Customs of the City, being consonant and agreeable to Reason and Equity, if they should be unjustly encountred by any. For these were the Contents of his Letter, viz. "That where the most necessary and benficial Custom of the City touching Orphans, is drawn in question upon a Bill depending before your Honours, between the Orphans of Sir James Harvey, Knt. late Alderman of this City, Complainants, and Sebastian Harvey, Executor to the said James, Defendant: We the Maior and Aldermen (having taken divers Oaths for the Maintenance of the said Custom) have therefore thought it good, and in our Duties, humbly to recommend to your Honours Consideration a brief Note enclosed, containing the Benefits and Necessity of that our Custom, and the dangerous Evil that may ensue to the Estate of this City by infringing thereof. And because the same Custom is some Impediment to the Defendant Harvey, to execute his indirect Practices against his natural Brother and Sisters, it is not therefore to be doubted, that he will withal endeavour (contrary to his Oath taken) to seek to make Shipwrack thereof. Which we are the rather induced to suspect, for that the said Harvey was a principal Party and Practiser in that hard Action and Device of his Father Sir James Harvey, intending as should seem, to the Overthrow of the said Custom; for maintenance whereof, the said Sir James had taken two several solemn Oaths. By which sinister Practice the said Defendant Harvey thought to appropriate all his Father's Estate in Land and Goods to himself, and utterly to exclude his Brother and Sisters from any Benefit thereof."

The Maior and Aldermen interpose with the Council, for the Orphanage.

The Lord Maior to the Lords in behalf of the Orphanage.

"Wherefore we humbly beseech your good Lordships, not only with Providence to prevent this so great a Prejudice, intended toward the general State of this City by the said Harvey; but also by your honourable Favour to patronize and protect the said Custom, and other the Laws and Customs of this City (being consonant and agreeable to Reason and Equity) if the same shall be unjustly encountered, or adversed by any others. So shall you not only bind us, but the whole City also, in all Humbleness with devout Prayer to recommend your most Honourable Estates to the Almighty."
Your Honours most humbly at Commaundment,
Guildhall in London,
June 7, 1586.
To the Lords and others of her
Majesty's most Honourable
Privy Council.