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London Lives 1690 to 1800
Crime, Poverty and Social Policy in the Metropolis
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London Lives Book
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regarding Etc Altho' often requested hath hitherto refused and still doth refused to take said Oath or execute sd
<
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office In Contempt Etc To the bad Example Etc And agt. the Peace Etc
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Plea-
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To which. Indictment the Deft has pleaded Not Guilty and given notice to Try his Traverse this Sessions
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Case
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This Prosecution is in order to try what hardly seemes to be a Question Vizt. Whether the Ward or parish are entituted
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to the fine or Commutation for Ward Office in the
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Ward of Bpgate
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The Deft is a house keeper in the parish of Saint Botolph Bpgate which is Co-extensive with the Ward and on the 22d. Dec. 1740
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was at a wardmote duly elected Constable for the precinct of Saint Botolph without Bpgate in ye said Ward as sett out in the Indictment
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Assoon as the Eleccon was over Mr.
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Thomas Emmerton
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Upper Church Warden
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of the said parish told the Aldran in an
<
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</
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insulting manner, that the Ward could not hold Deft to serve, for-he-had fined to him, that he had got ye money in his Pocket
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would not part with it
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The Aldran not tooking upon this payment as a legal-Excuse Ordered notice to be given to Deft of his Eleccon wch was
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accordingly done
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But Deft not appearing to take upon him the Office at the usual time, he was summoned to attend the Court of Aldren to
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show cause why he did not.
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Deft not being able to attend in person Mr. Scott his Attorney & the parish Officers attended for him and proved the payment of
<
lb
>
</
lb
>
the fine to Mr. Emmerton & then produced severall Old Church Wardens Accounts out of wch they read Severall Entries to prove
<
lb
>
</
lb
>
that the Ward fines had for above 100 years past been paid to the Church Wardens & that the Church Wardens had in some instances
<
lb
>
</
lb
>
issued money for the Expences of the Courts of Wardmote And this they insisted was Evidence of a Custom that the Ward Fines
<
lb
>
</
lb
>
belonged to the parish, And therefore Deft was legally exempted from Serving the office, to wch he had been elected at the Wardmote
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p
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But the Court of Aldren not being Satisfied with the Validity of Such pretended Custom were pleased to direct this
<
lb
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</
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Indictment to be preferred in order to try the right And Deft is supported in his defence by Severall Gentlemen of the
<
lb
>
</
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>
parish out of mere opposon to the Aldren & Comon Councill of the Ward thereby in some degree insinuating that they are
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not as fit to be trusted with the money as the parish officers
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The Defts Attorney has Spa'd the Church Warden, Mr.
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William Hookham
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& given him notice to produce the following books
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Vizt.
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The Two large Books of Church Warden's accounts
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The Three Registers of Vestry books
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The Books of Accounts, as
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Church Wardens
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, of
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John James
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1689
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Robert Roberts
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1686
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Abraham Gamage
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1691
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Joseph Huntman
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1696
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Richard Turner
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1700
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Matthew Betts
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1704
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John Beall
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1712
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Rd: Wilkinson
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l715
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Thos: Powll
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1716
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Ben: Nodes
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1718
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lb
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Do:1719
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lb
>
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Thos: Ryland
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1721
</
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>
<
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n
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>
In the three Vestry books wch reach from 1616 to the present time they will produce Instances almost in every year
</
p
>
</
div1
>
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