Amendments to ordinances, 1635
[Rawl. D51, p. 48] To all people to whome this present writeing shall come,
Thomas Lord Coventry, lord keeper of the great seale of England, Sir John
Bramston, knight, cheife justice assigned to hold pleas before our soveraigne lord the King, and Sir John Finch, knight, cheife justice of his
Majesties court of common pleas at Westminster, send greeting in our
Lord God everlasting.
Whereas in and by one Act of Parliament holden at Westminster the
sixteenth day of January in the nineteenth yeare of the reigne of the late
most noble prince of famous memory King Henry the Seaventh, it was
amongst other things ordeyned, established and enacted that no Master,
Wardens and Fellowships of Crafts or Misteries nor any of them nor any
rulers of guilds or fraternities after the feast of Pentecost in the same Act
mentioned should take upon them to make any acts or ordinances nor to
execute any acts or ordinances by them before the said Act made in disinheritance or diminution of the prerogative of the King nor of other nor
against the comon proffitt of the people. But if the same Acts and ordinances
be examined and approved by the Chancellor, Treasurer of England or
cheife Justices of either benches or three of them, or before both the justices
of assizes in their circuite or progresse in the sheir where such acts or
ordinances be made upon peine of forfeiture of forty pounds for every tyme
that they should doe contrary, as by the same Act of Parliament amongst
other things therein conteyned more at large appeareth
And whereas the freemen of the Citty of London useing the art or
mistery of scrivenors within the said Citty of London and suburbs of the
same comonly heretofore called Writers of the Court Letter of the Citty of
London time out of minde have been an auncient society and brotherhood
of the said Citty, and are lately upon due considerations incorporated by
the name of the Master, Wardens and Assistants of the Society of Writers of
the Citty of London by letters patents of our late soveraigne lord King
James under the great seale of England bearing date at Westminster the
eight and twentieth day of January in the foureteenth yeare of his said late
Majesties reigne of England, France and Ireland, and of Scotland the
fiftieth, by which [Rawl. D51, p. 49] said letters pattents our said late
soveraigne lord King James did give and graunt for him his heires and
successors unto the Master, Wardens and Assistants of the said Society and
their successors, That they the said Master and Wardens of the said Society
and the rest of the Assistants of the same Society for the time being or the
greater part of them from tyme to tyme forever after that should and might
lawfully and freely ordeine establish and make statutes, rules, orders,
constitutions and ordinances reasonable and agreeable to the lawes and
statutes of this realme of England according to their sound discretions for
for the proffitt of the Society aforesaid as often as they should please, and
the same statutes, constitutions and ordinances from time to tyme to put
in execution and cause to be executed without molestation, hindrance or
impediment of the said late King his heires or successors or of any his or
their justices, maiors, sherriffs or other officers or ministers whatsoever, any
statute, act, ordinance, custome or usage to the contrary thereof in any
wise notwithstanding, And the same statutes, constitutions & ordinances so
had and made or any of them from tyme to tyme to change alter or revoake and annihilate as to them or the major part of them shall seeme to be
convenient and expedient as in and by the said letters pattents (amongst
other things) may appeare
And whereas the Master, Wardens and Assistants of the said Society
have divers ancient rules, orders, priviledges, ordinances, constitutions and
oathes heretofore time out of minde by their predecessors the Master or
Wardens and Governors of the said fraternity made and established, and
likewise have some other by the Master, Wardens and Assistants of the said
Society after the said letters patents of incorporation devised and made, all
for the conservation, rule, good order and better government and maintenance of the people useing the said art or mistery within the Citty of London
and the suburbs of the same and within the circuit and precinct of three
miles of the same Citty according to the graunt to them in that behalfe
made by the letters patents aforesaid, all and singular which said ordinances
and constitutions were by the late right honourable Francis, Lord Verulam,
Lord Chancellor of England, Sir Henry Mountague, knight, cheife justice
assigned to hold pleas before the said late King James, now Earle of Manchester and lord privy seale, and Sir Henry Hobart, knight and baronett,
cheife justice of the court of comon pleas under their hands and seales the
nine and twentieth day of January in the sixteenth yeare of the reigne of our
said late soveraigne lord King James approved and allowed according to the
foresaid Act of Parliament as by the said ordinances & constitutions under
their hands and seales more at large may appear, some of which said ordinances and constitutions by the Master, Wardens and Assistants of the said
Society devised & made the now present Master, Wardens and Assistants
of the said Society upon speciall reasons and considerations, and for the
conservation, rule, good order and better government of the people of the
same Society have in part altered and changed and in leiw and stead thereof
have made certaine other ordinances and constitutions which they pray by
us to be examined and approved according to the said Act of Parliament,
and which said orders, ordinances and constitutions soe altered and new
made doe hereafter followe.
[Rawl. D51, p. 50] Whereas our late soveraigne lord King Charles (fn. 1) by his
letters patents of incorporation bearing date at Westminster the eight
and twentieth day of January in the fourteenth yeare of his reigne amongst
other things assigned, ordeined, created and constituted seaven and twenty
persons of the Society of Writers of the Citty of London in the same letters
pattents perticularly named to be the then present Assistants of the same
Society for the good government of the said Society And that as often and
whensoever it should happen one or more of the Assistants of the said
Society for the tyme being to dye or for a reasonable cause to be removed
from his or their office or place, That then and so often it should and might
be lawfull to and for the Master and Wardens of the said Society and other
the Assistants of the same Society then in full life and in their offices being
or the greater part of them within three moneths after the death or removeing of such persons from time to time to nominate and elect of new one
or more other fitt person or persons of the freemen of the cominalty of the
Society aforesaid in the place and stead of such person or persons so dead
or removed And that every such person so nominated and elected takeing
the oath by the said letters patents in that behalfe prescribed and appointed
should be one of the Assistants of the said Society for the terme of his life
untill by the Master, Wardens and Assistants of the same Society or the
greater part of them for reasonable cause he should be removed as by the
said letters patents (amongst other things) may appeare
And whereas sithence the said letters patents of incorporation amongst
divers other ordinances, orders and constitutions by the Master, Wardens
and Assistants of the said Society made by force and vertue of the said let[t]ers patents for the good rule and government of the said Society, and by the
late right honourable Francis, Lord Verulam, Lord Chancellor of England,
Sir Henry Mountague, knight, cheife justice assigned to hold pleas before
the said King, now Earle of Manchester and the lord privy seale, Sir Henry
Hobart, knight and baronett, cheife justice of the court of common pleas
under their hands and seales the nine and twentieth day of January in the
sixteenth yeare of the reigne of our late late [sic] soveraigne lord King James
approved and allowed according to an Act of Parliament holden at Westminster the sixteenth day of January in the nineteenth yeare of the reigne
of the late King Henry the Seaventh in that behalfe made, it was ordeined
and constituted that the Master, Wardens and Assistants of the said Society
or the major part of them for the tyme being as they should thinke fitt and
see cause should and might from time to time call, nominate, chose and admitt into the livery or clothing of the said Society such and so many of the
freemen of the said Society being willing to accept the same as they should
thinke good, honest, meet, skillfull and able thereunto And alsoe that there
should be yearly kept at the Common Hall of the said Society two dinners
(that is to say) one dinner for the Master, Wardens and Assistants of the
said Society and other the freemen of the same Company to be kept yearly
upon the day of the election of the new Master and Wardens, and the other
for the Master, Wardens, Assistants and livery of the said Company yearly
to be kept on the day when the Lord Maior taketh his oath at Westminster
[Rawl. D51, p. 51] and that the Master, Wardens and Assistants of the said
Society or the major part of them in convenient tyme before the said election day shall choose every yeare from time to time out of the livery or out
of the Assistants of the said Company two of the elder and better sort of the
said Company which have not been Master or Wardens to be Stewards for
the provision of both the dinners aforesaid, and the said Stewards so to be
chosen to have towards the said severall dinners to be yearly kept as aforesaid of the Master, Wardens and Assistants and of the livery and generally
of the said Company, the severall summes of money in the same ordinances
respectively specified, and the residue of the said charge to be borne by the
Stewards, and that if any person so chosen to be Stewards as aforesaid doe
or should refuse to accept the same or denye to performe the same, then
every person so chosen and refuseing should forfeit and pay to the
Master and Wardens for the tyme being to be by them employed in necessary expences of the said Society as occasion should serve tenn pounds for
every such offence And also that if any person or persons being a freeman
of the said Society should at any tyme be chosen to be of the number of the
Assistants of the said Society according to the said letters patents and the
constitutions aforesaid in that behalfe also made, and after such election
and nomination should refuse and denye to take upon him or them the
office and place of an Assistant of the said Society, or should refuse to take
the oath by the said constitutions appointed for the due execution of the
said place in such sort as is prescribed haveing no lawfull or reasonable
cause for such his refuseall and denyall to be allowed of by the Master,
Warden and Assistants of the said Society or the major part of them, That
then every such person so offending should forfeit and pay to the Master
and Wardens of the said Society for the tyme being five pounds to be employed to the generall use and supportation of the same Society
And whereas many and severall persons of the said Society since the
said letters patents of incorporation graunted and since the makeing of
the ordinances and constitutions aforesaid have been duely chosen to be of
the number of the Assistants of the said Society according to the said letters
patents and the constitutions aforesaid in that behalfe also made, and after
such election and nomination have refused and denyed to take upon them
the office and place of an Assistant of the said Society and have refused to
take the oath by the said letters patents and constitutions prescribed and
appointed for the due execution of the said place, albeit they had noe lawfull or reasonable cause for such their refuseall and denyall, but finding the
said fine of five pounds for such their refuseall to be so easie a fine, and well
knowing, that by such their refuseall to be of the Assistants they (as the
ordinances of the said Company now stand in force) doe escape and free
themselves from bearing the offices of Stewards, Wardens and Masters of
the said Company for five pounds, whereby great inconveniencies doe arise
to the said Company which places of an Assistant, Steward, twice Warden
and Master of the said Society would in a few yeares come to forty pounds a
man in charge at the least besides much labour, travell and expences in
attending about the necessary affaires and at the Courts of [Rawl. D51,
p. 52] Assistants of the Company and other matters and businesse for the
good government of the said Society
And whereas by the said former ordinances two Stewards for the provision of the said dinners were appointed to be elected yearly out of the
livery or out of the Assistants of the said Company And forasmuch as upon
many speciall reasons and weighty considerations and for the good of the
said Company, the Master, Wardens and Assistants of the said Society have
hitherto forborne and omitted to establish and settle a livery or cloathing
for the said Company or to call, nominate, choose and admitt into the
livery or clothing of the said Society any of the freemen of the said Society
so as by that means the two Stewards have yearly been chosen out of the
Assistants of the said Society onely (there being no livery) and so is to be
continued if redresse in that behalfe is not made And for that at this present
tyme all the Assistants of the said Company which are capable by the
said former ordinances to be chosen Stewards have served the said place of
Steward [(]saveing onely one man which was lately taken into the Assistants) so that the two Stewards for this next yeare, upon the election of the
Master and Wardens which will be about halfe a yeare hence being to be
elected out of the number of Assistants onely, it will fall out that one of the
same two Stewards so to be chosen for this next yeare must needs be one
of the Assistants that hath already served the same place of Steward, and so
likewise it is unavoidably likely (except provision be made to the contrary)
that hereafter also many of the Assistants must be chosen and be enforced
to hold the place of Stewards of the said Company which have already to
their great charge served the same place, which will be a heavy charge and
burthen to those of the Assistants for the tyme being and will deterr others
to accept the place of Assistants hereafter but the rather for that cause to
pay the said small fyne of five pounds, for remedie, redresse and avoiding
of all which mischeifes and inconveniencies that may hereafter ensue for the
time to come in like cases
That the Stewards shall be chosen yearly aswell out of the generality as out
of those the Assistants & every person refuseing to pay £10 fine
It is now ordered, constituted, ordeined and appointed by the Master,
Wardens and Assistants of the said Society of Writers of the Citty of
London as followeth (That is to say) That the Master, Wardens and
Assistants of the said Society or the major part of them in convenient
tyme at or before the election day of the new Master and Wardens of the
said Society shall choose every yeare yearly from tyme to tyme aswell out
of the Assistants of the Company as out of the generality and cominalty
and residue of the freemen of the said Society two of the elder and better
sort of freemen of the said Company which have not been Master or
Wardens of the said Society to be Stewards for the provision of the dinner
by the former constitutions appointed to be yearly kept for the Master,
Wardens and Assistants of the said Society and other the freemen of the
same Company upon the day of election of the new Master and Wardens,
albeit the said Stewards or any of them for the tyme being to be chosen as
aforesaid be not or shall not be of the Assistants of the said Society or of
the livery or clothing of the said Company. And that the said Stewards so
to be chosen shall have towards the [Rawl. D51, p. 53] said dinner to be
yearly kept on the said election day, of the Master, Wardens and Assistants
of the said Society and of every other person of the said Company such
severall summe and summes of money respectively as by the said former
ordinances in that behalfe are severally and respectively allowed and
appointed to be paid unto the said Stewards and that whatsoever shall
be more disbursed or laid out or fitt to be disbursed or laid out for or about
the said election dinner shall be yearly and from tyme to tyme borne and
discharged at the proper costs and charges of the Stewards for the tyme
being, And that if any person so chosen to be Steward as aforesaid doe or
shall refuse to accept or execute the said place or office of Steward or doe
or shall deny or omitt to disburse the monyes or to performe the other
services incident or belonging to the said office or place of Steward, that
then every such person so chosen and refuseing, denying or omitting as
aforesaid shall forfeit and pay for every such offence unto the Master,
Wardens and Assistants of the said Society for the tyme being to be by
them employed in the necessary expences of the said Society as occasion
shall serve the foresaid summe or fine of tenn pounds by the said former
constitutions and ordinances in that behalfe appointed to be paid.
That every person of the Company chosen to be an Assistant & refuseing
shall pay £20 fine & yet be lyable to be chosen Steward
Item It is also ordered, constituted, ordeined and appointed by the
Master, Wardens and Assistants of the said Society that if any person or
persons being a freeman of the said Society shall at any tyme hereafter be
chosen to be of the number of Assistants of the said Society according to
the said letters pattents, and the said former constitutions in that behaffe
[sic] also made, and after such his election and nomination shall refuse or
denye to take upon him or them the office and place of an Assistant of the
said Society or shall refuse to take the oath by the said letters patents and
former constitutions appointed to be taken for the due execution of the
said place in such sort as by the former constitutions or ordinances is prescribed haveing no lawfull or reasonable cause for such his refuseall and
denyall to be allowed of by the Master, Wardens and Assistants of the said
Society or the major part of them, That then every such person so offending
shall forfeit and pay for every such offence to the Master, Wardens and
Assistants of the said Society for the tyme being twenty pounds to be by
them employed to the generall use and supportation of the said Society.
And that yet neverthelesse every such person so offending shall be subject
to be elected Steward for the election dinner of the new Master and
Wardens as if he had not [been] fined for an Assistant and shall hold and
serve the office and place of a Steward when he shall be thereunto elected or
shall pay such further fyne for the not holding of the Stewards place as by
the last precedent ordinance is appointed in that behalfe.
Which said orders, ordinances and constitutions by the new Master,
Wardens and Assistants of the said Society lately made and herein before
specified, we the said Thomas, Lord Coventry, Sir John Bramston and Sir
John Finch have perused and examined, and do by these presents approve
them and allowe of them, and in testimony thereof we have signed the
same with our signes manuell the eight and twentith [Rawl. D51, p. 54] day
of May 1635 and in the eleaventh yeare of the reigne of our soveraigne
lord King Charles by the grace of God King of England, Scotland, France
and Ireland, defender of the faith &c.
Tho: Coventry Cs. John Bramston. Jo: Finch.