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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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for one whole year then next ensuing & untill Etc for preserving the Peace Etc And that Deft on sd. 22d. Decr. Etc
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had notice thereof & was required to appear before the Mayor & Aldermen at
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Guildhall
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on the Monday next
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lb
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</
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after Epiphany to take his Oath Etc & to execute his Office Nevertheless Defendant not regarding Etc
<
lb
>
</
lb
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altho often requested hath hitherto refused & still refuses to take sd. Oath or execute sd. Office In Contempt
<
lb
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Etc To the bad Example Etc and agt: the Peace Etc
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Plea
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To which Indictment Deft has pleaded Not Guilty and given Notice to Try his Traverse this Sessions
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Case
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NB there are & parishes
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in this Ward
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<
lb
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</
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This Prosecution is in order to try What hardly soon as to be Question vizt. Whether ye
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Warder
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Parish of St Botolph
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Bps Gate
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are
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intituled
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to the fine or Commutation for Ward Offices in the
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Ward of Bpgate
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The Deft is a Housekeeper in the Parish of
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St. Botolph Bishopsgate
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which is Co-extensive with the Ward
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which is we extensive with yt parish ye Ward called Bps Gate within And on ye 22 of
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</
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Decr. 1740 was at a Wardmote duely elected Constable for the Precinct of
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St. Botolph without Bishopsgate
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in ye sd. Ward as sett out
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in the Indictment
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As soon as ye. Election was over Mr.
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Thomas Emmerton
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Upper Church Warden
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of ye sd. Parish told the Alderman in an
<
lb
>
</
lb
>
insulting Manner that the Ward could not hold Deft to Serve for he had fined to him that he had got the Money in his
<
lb
>
</
lb
>
Pockett & would not part with it
</
p
>
<
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=
"136"
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The Alderman not looking upon this Payment as a legal Excuse order'd Notice to be given to Deft of his Election
<
lb
>
</
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>
which was accordingly done
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<
p
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"137"
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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
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Aldren
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To Show 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 & proved the Paymt.
<
lb
>
</
lb
>
of the fine to Mr. Emmerton & then produced several Old Church Wardens Accots. out of wch. they read several Entries to prove
<
lb
>
</
lb
>
that the Ward fines had for above 100 Years past been paid to the Church Wardens of St Botolph & that the sd. Church Wardens had in
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>
some Instances issued Money for the Expences of the Courts of
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Warmote
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And this they insisted was Evidence of a Custom
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that the Ward fines belonged to ye
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Parish of St Botolph
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And therefore Deft was legally exempted from serving the Office to which he
<
lb
>
</
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>
had been elected at ye Warmote.
</
p
>
<
p
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=
"139"
>
But the Court of Aldren not being Satisfied with the Validity of such pretended Custom were pleased to direct this
<
lb
>
</
lb
>
Indictment to be preferred in order to try the Right And Deft is supported in his Defence by Sevl. Gentl of the Parish
<
lb
>
</
lb
>
out of more opposition to ye Aldran & Comon Council of ye Ward thereby in some degree insinuating that they are not as
<
lb
>
</
lb
>
fit to be trusted with the Money as the Parish Officers.
</
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<
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The Defts Attorney has Spad the Prsent Church Warden of St Botolphs parish Mr.
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Wm. Hookham
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& given him Notice to produce ye following
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Book Vizt.
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p
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<
p
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"141"
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The Two large Books of Churchwarden's Accounts
<
lb
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</
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The Three Registers or Vestry Books
<
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The Books of Accounts as Churchwardens of
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John James
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1683,
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Robert Roberts
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1686,
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Abraham Garnage
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1691,
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Joseph Huntman
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1696,
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lb
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</
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Richard Turner
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1700,
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Mathew Betts
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1704,
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John Beale
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1712,
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</
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