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15; part of her fortune, viz. £8300 was then in the Chamber of London; other part thereof was in the hands of her mother, as executrix of her father; and she was likewise entitled unto a third of two-thirds of her father's real estate, in possession; and to a third of the other third in reversion after her mother's death, which estate was £384 per ann. The fortune which Mr. Frederick afterwards acknowledged to have had with her, amounted to £25,000.

By lease and release, dated the 19th and 20th of January 1674, made between Sir John Frederick and Dame Mary his wife, and the said Thomas Frederick his son, of the first part; Leonora Marescoe the mother, and the said Leonora the orphan, of the second part; Sir Nathaniel Herne and Joseph Herne, and Sir John Lethieulier and Christopher Lethieulier, of the third part; in consideration of the intended marriage, and of the said £8300 [254] and taking notice also, that Leonora the daughter was intitled to one third part of her father's real estate as aforesaid; Sir John, and Thomas his son, conveyed divers messuages in London to trustees and their heirs, upon trust as to several of them, of the value of £332 per ann. to the use of the said Thomas Frederick for life, without impeachment of waste; remainder to trustees to preserve contingent uses; remainder to Leonora the daughter, during her life for her jointure, and in bar of dower; remainder to their first and other sons in tail male; remainder to trustees for 100 years; remainder to the heirs of the body of the said Thomas Frederick; remainder to the right heirs of Sir John as to other part of the premises, to the use of Sir John for life; remainder to Dame Mary his wife for life; remainder to the said Thomas Frederick for life; remainder to trustees for 1000 years; remainder to the heirs of the body of the said Thomas Frederick; remainder to the right heirs of Sir John: and as to the residue, to the use of Sir John for life; remainder to the said Thomas Frederick and the heirs male of his body; remainder to the right heirs of Sir John.

By another indenture of the same date, and between the same parties, Sir John covenanted to pay upon the day of marriage to the trustees £11,500; and it was declared, that the £8300 in the Chamber of London, should, immediately after the marriage, be also paid to the trustees; and that out of the £11,500 they should pay the said Thomas Frederick £5000 to his own use; and that the remaining £6500, together with all such sums of money, for the part and share of the said Leonora of her father's personal estate, as should come to the hands of the said trustees, should be laid out in the purchase of lands, to be settled to the use of the said Thomas Frederick for life, without impeachment of waste; remainder to trustees to preserve contingent uses; remainder to the said Leonora for life; remainder to their first and other sons in tail male; remainder to the trustees for 500 years; remainder to the heirs of the body of the said Thomas Frederick; remainder to the right heirs of Sir John: and the trusts of the said several terms of years, were declared to be to raise portions for daughters, if no son.

These settlements being made without any previous application to the Court of Aldermen, were considered by all parties only in the nature of proposals, to be laid before that court for their consideration; it being well known to the parties, who were all citizens and freemen, that by immemorial custom, the sole care and disposal of the persons and portions of all orphans in marriage, was vested in the Court of Aldermen, and that it was absolutely necessary to lay the settlements before them, to have their consent and approbation to the terms of the marriage; for that no licence could be had either for the marriage, or for receiving the portion of the orphan, without their previous approbation; that court being a court of record, and having immemorially exercised this kind of jurisdiction, and punished any person who married an orphan without their consent, by fine [255] imprisonment, and otherwise.—All parties therefore applied to the court, and laid the settlements before them, for their allowance or disallowance; and a special court having considered the same, and all the circumstances both of the orphan and the said Thomas Frederick, made the following orders, viz.

15th February 1674, at this court, licence is granted to Maresco, one of the daughters and orphans of Maresco, late citizen and of London, deceased, to marry with Thomas Frederick, Esq. son and heir apparent of Sir John Frederick, Knt. and Alderman; provided that Mr. Common Serjeant do approve of the settlement made upon the said orphan, and signify the same unto