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A48299 Lex Londinensis, or, The city law shewing the powers, customs, and practice of all the several courts belonging to the famous city of London ... : together with several acts of Common Councel, very useful and necessary to be known by all merchants, citizens, and freemen of the said city : and also, a method for the ministers within the said city to recover their tithes : with a table to the whole book. City of London (England). Court of Common Council. 1680 (1680) Wing L1858; ESTC R2792 111,597 280

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born an Alien to be of the Common Councel nor to exercise or use any other Office within this City nor receive or accept any person into your watch privy or open but Englishmen born And if any Stranger born out of this Realm made Denizen by Letters Patents or any other after his course and lot be appointed to any watch that then ye command and compel him or them to find in his stead and place an Englishman to supply the same 19. And also that you cause an Abstract of the Assise appointed by Act of Parliament for Billets and other Fire-wood to be fair written in Parchment and to be fixed or hanged up in a Table in some fit and convenient place in the Parish within your Ward where the common people may best see the same 20. Streets Pain 40 s. And furthermore we charge and command you that you cause such provision to be had in your said Ward that all the Streets and Lanes within the same Ward be from time to time cleansed and clearly voided of Ordure Dung Mire Rubbish and other filthy things whatsoever be to the annoiance of the King's Majesties Subjects 21. Vagrants And also that at all times as you shall think necessary you do cause search to be made within your said ward for all vagrant Beggars suspicious and idle people and such as cannot shew how to live and such as shall be found within your said ward that you cause to be punished and dealt with according to the Laws and Statutes in such case ordained and provided 22. Jurymen And also we will and charge you the said Alderman that your self certifie and present before us at the said general Court to be holden the aforesaid Monday next after the Feast of the Epiphany all the names and sirnames truly written of such persons within your said ward as be able to pass in a Grand Iury by themselves And also all the names and sirnames truly written of such persons being and dwelling within your said ward as be able to pass in a Petty Iury by themselves that is to say Every Grand Iuryman to be worth in Goods an hundred Marks and every Petty Iuryman forty Marks according to an Act in that case ordained and provided And the same you shall indorse on the backside of your Indenture 23. Harlots Item for divers reasonable and urgent considerations us especially moving we streightly charge and command you on the King our Sovereign Lords behalf That you diligently provide and foresee that no manner of person or persons within your said ward what condition or degree soever he or they be of keeping any Tavern or Ale-house Ale-celsar or any other Victualling-house or place of common resort to eat or drink in within the same ward permit or suffer at any time hereafter any common woman of their bodies or Harlots to resort and come into their said House or other the places aforesaid to eat or drink or otherwise to be conversant or abide or thither to haunt or frequent upon pain of imprisonment as well of the Tenant and Keeper of every such House or Houses and all other the places afore remembred as of the common woman or Harlots 24. Also that you do give in charge to the Wardmote Inquest of your ward all the Articles delivered to you herewith and that you ●●ticles have a special care of keeping the peace and good order during your Wardmote and if any offend herein you fine or punish him or them according to Law 25. And whereas the moneys received for the Fines of persons refusing to hold Ward Offices within your ward ought to be employed in the service and for the publick benefit of the whole ward and not of any particular Precinct or Parish within the w●rd These are therefore to require you to take care that all such Fines be from time to time disposed of accordingly for the benefit of the whole ward as you with the Deputy and Common Councel-men of your ward shall think most fitting and convenient And that no such Fines be received or employed in any particular Precinct or Parish Not failing hereof as ye tender the common weal of this City and advancement of good Iustice and as ye will answer for the contrary at your uttermost peril Dated at under the Seal-Office of Majoralty of the said City the day of December in the year of the Reign of our Sovereign Lord CHARLES the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. THE COURT OF CONSERVARY FOR THE River of Thames THis Court is held before the Lord Major at such times as he shall apappoint and direct within the respective Counties near adjacent to the Cities of London and Westminster The Water-Bayliff is my Lord Major's Deputy and ought to give notice to his Lordship of all Offences committed by any persons contrary to the Orders made for preservation of the brood and fry of Fish in the said River There have been several Orders made and devised for that purpose some of which Orders are as followeth viz. Orders devised and agreed upon by the Right Honourable Sir Robert Ducie Knight and Baronet Lord Major of the City of London and Conservator of the River of Thames and Waters of Medway for the preservation of the brood and fry of Fish within the West part of the said River as followeth FIrst That no man upon penalty and forfeiture of his Net and Ten pounds with imprisonment at the discretion of the Lord Major shall presume to shute any Draw-net or Coulter-net at any time of the year before Sun-rising nor after Sun-setting for that in the Night time unlawful Nets may be used and other abuses offered to the great hurt and annoyance of the said River of Thames and to shute in their several rooms well known 2. Item That no Fisher-man or other shall still lie or bend over any Net during the time of the Flood whereby both Salmons and other kinds of Fish may be hindred and kept back from swimming upwards to the benefit and profit of such Fisher-men as dwell in the west part of the said River upon the like pain and penalty 3. Item That no Fisher-man or other shall shute any Draw-net Cod-net or other Net or Engin whereby any Salmon-fish shall be taken after Holyrood day is past being the Fourteenth day of September because at that time they are out of season and remain here upon the River only to spawn and breed upon the like payment 4. Item That no Fisher-man or other shall fish with any Net or lay or hale any Wee l or use any other Net or Engine whatsoever from Sun-setting on Saturday at Night until Sun-rising upon Monday Morning no not during all the time of Lent as being a thing not only very hurtful to the said River but also a great abuse and profaning of the Lord's Sabbath upon the like payment 5. Item That no Fisher-man or other
unless it be spoken to his said Brother or to other which in his Conscience or Discretion he shall think it to be for the Common weal of this City And that well and lawfully ye shall do all such things that to the Office of Attorney pertaineth to do as God you help The manner of entring Actions in this Court is different from the Sheriffs Court For you cannot enter an Action in this Court at either of the Compters but must go to one of the four Attorneys and enter your Action with him and if it be an Action of Debt it must be entered thus R. B. Defend ' versus G. W. Quer ' in pl'ito deb'ti super demand ' leg'lis c. Pleg ' c. If in Case In pl'ito transgr ' super cam ' dam ' leg'lis c. Pleg ' c. If in Trespass In pl'ito transgr ' dam ' leg'lis c. Pleg ' c. If for Account In pl'ito quod reddat ei computum super receptor ' diversor ' bon ' merchandiz ' ipsius Quer ' ad valenc ' leg'lis c. Pleg ' c. If for Covenants broken In pl'ito convention ' fract ' damn ' leg'lis c. Pleg ' c. If in Debt at the Chamberlains Suit J. F. Defend ' versus T. P. Mil ' Camerar ' Civitatis London Quer ' in pl'ito deb'ti super dem ' leg'lis c. Pleg ' c. If in Debt upon a Penal Statute R. G. Defend ' versus W. B. Qui tam pro Domino Rege quam pro seipso in hac parte sequitur in pl'ito deb'ti super dem ' leg'lis c. Pleg ' c. When your Action is thus entered by the Attorney or his Clerk you must not imploy any of the Sheriffs Officers to Arrest the Defendant but give your Action or a Note thereof to one of the Serjeants at Mace belonging to the Major and Aldermen There is six Serjeants belonging to this Court who are men of good Estates and do not belong to either of the Sheriffs Most of them attend daily at the Attorneys Offices and one of them is constantly attending at the Lord Majors House If you give any of them a Note of your Action he will Arrest the Defendant and in case such Defendant cannot find Bayl the Officer will carry him to one of the Compters that being the Prison as well for this Court as the Sheriffs Court which Imprisonment and the Cause thereof is constantly Recorded in a Publick Book called the Book of Impri by the Attorney that entred the Action But if the Party arrested find Bayl the eldest of the four Attorneys must take the same he being Clerk of the Bayl 's and in Case he shall take in sufficient Bayl and the Defendant do abscond the Plaintiff may after he hath a Judgment for his Debt or Damages compel the Clerk of the Bails to pay the same Debt or Damages by Petition to the Court of Aldermen or to Mr. Recorder An Action entered in this Court will remain in force for ever although no proceedings be had thereupon whereas an Action entered at either of the Compters dies and may be crossed after sixteen weeks And the Charge of entering an Action in this Court is but 4 d. besides the King's Duty An Action commenced in this Court may be brought to a Trial for 30 s. Charge and in fourteen days time whereas in the Sheriffs Court they require more time and much more money as those that have had occasion know by experience If there happen to be six weeks time between the putting in Bayl to an Action in this Court and the time of the Defendants Plea in such Case the Defendant cannot remove the same Action or Suit into any other Court Note That an Action commenced in this Court cannot be removed into the Sheriffs Court but an Action commenced in the Sheriffs Court may be removed into this Court either by the Plaintiff or Defendant at any time before a Jury is sworn to try the Cause The manner of removing such Action is set forth hereafter If any man that is not a Freeman of London keep any Shop inward or outward within the City or Liberty for the Sale of any Goods or Wares by Retail he forfeits 5 l. for every day and an Action of Debt lies against him for the same in this Court in the Name of the Chamberlain of London for the time being pursuant to an Act of Common Councel made in the-Majoralty of Sir Leonard Halliday Knight which Act is as followeth WHere by the ancient Charters Customs Franchises and Liberties of the City of London confirmed by sundry Acts of Parliament no person not being free of the City of London may or ought to sell or put to sale any Wares or Merchandizes within the said City or the Liberties of the same by Retail or keep any open or inward Shop or other inward place or room for shew sale or putting to sale of any wares or merchandizing or for use of any Art Trade or Occupation Mystery or Handicraft within the same And whereas also Edward sometime King of England of famous memory the third of that name by his Charter made and granted to the said City in the Fifteenth year of his Reign confirmed also by Parliament amongst other things granted That if any customs in the said City before that time obtained and used were in any part hard or defective or any thing in the same City newly arising where remedy before that time was not ordained should need amendment the Major and Aldermen of the said City and their Successors with the assent of the Commonalty of the same City might put and ordain thereunto fit remedy as often as that should seem expedient unto them So that such Ordinance should be profitable to the King for the profit of the Citizens and other his People repairing to the said City and agreeable to reason And whereas by force of the said Customs Franchises and Liberties and of the Charter last aforementioned confirmed as is afore specified by Parliament The Lord Major Aldermen and Commons of the said City did the twelfth day of October in the third year of the Reign of Edward sometime King of England the fourth as a thing thought fit and convenient for that time amongst other things agree and ordain that the Basket-makers Goldwire-drawers and other Forreigners contrary to the Liberty of the said City holding open Shops in divers places of the City and using Mysteries within the said City should not from thenceforth hold Shops within the Liberty of the City aforesaid But if they would hold any Shop or dwell in the same City they should dwell at Blanchappleton and there hold Shops so as they might have sufficient dwelling there And whereas the Lord Major Aldermen and Commons of the same City did afterwards the Sixteenth day of May in the Seventeenth year of the Reign of our late Sovereign Lord of famous
LEX LONDINENSIS OR The City Law Shewing the Powers Customs and Practice Of all the several COURTS Belonging to the FAMOUS CITY OF LONDON VIZ. The Lord Majors Court The Orphans Court The Court of Hustings The Court of Common Councel The Court of Aldermen The Wardmotes The Courts of Conservacy for the River of Thames The Court of Conscience The Sheriffs Court The Chamberlains Court TOGETHER With several Acts of Common Councel very useful and necessary to be known by all Merchants Citizens and Freemen of the said City And also A Method for the Ministers within the said City to Recover their TITHES With a TABLE to the whole Book LONDON Printed by S. Roycroft for Henry Twyford in the Hall-Court of the Middle Temple 1680. THE PREFACE THE City of London being the Metropolis of this Kingdom hath had many large Priviledges and Immunities granted to it by the Favour and Munificence of the Ancient Kings of England and continued to this Day which hath occasioned the erecting and establishing several Courts therein the better to dispence the benefit of the said Grants to the Citizens and Inhabitants of that City And indeed whosoever shall consider the said Priviledges and the nature and Jurisdiction of the said several Courts may conclude there is nothing left for the Citizens to desire for the happy and good Government of that City for the Advancement of the Trade thereof and for the securing every man's Property therein which is not already granted to them and which by the benefit of the said Courts they may not enjoy Some of which Priviledges belong to all the Inhabitants as the Recovery of their just Debts and Demands without travelling for the same out of the Liberties of the City which may be done either in the Lord Major's Court or the Sheriffs Courts The Enrolling of Deeds Settling Estates and Docking Entails by Recoveries of Houses and Lands in the said Liberties which are to be done in the Court of Hustings Other belong only to the Freemen of the said City as the Preservation of the Estates of Orphans by the Court of Aldermen the regulating all Matters of Difference between Masters and their Apprentices by the Chamberlain the easie recovering of small Debts under forty shillings by the Court of Conscience the choice of Officers and ordering of Parish Affairs by the Courts of Wardmotes and the making of By-laws for rectifying any abuses and for the well Government of the City by the Court of Common Councel and by the Lord Major and Court of Aldermen And that nothing may be wanting which may any way conduce or tend to the welfare and convenience of this City the Government of that famous pleasant and profitable River of Thames upon one side whereof it is situated is granted to the said City and managed by the Lord Major at his Courts of Conservacy for the said River As the benefit of these several Courts are very great so the knowledge of the practice and usage of them must needs be very desirable to the Citizens and Inhabitants there being very few but at some time or other must necessarily be cencerned in some if not most of them There hath been several times printed a Tract called The City Law which treats of some of these Courts But there being many Omissions and Defects therein this Discourse hath not only supplyed the same but also rectified the mistakes therein shewing at large the Powers Authorities Customs and Vsages of all the above-mentioned Courts as well to the Delight and Pleasure as to the Profit and Benefit of the Reader In this Treatise are inserted several Acts of Common Councel all of them so necessary or at least expedient to be known that this Discourse would hardly be compleat without them This whole Work being Composed and Digested for the Publick good and benefit it is hoped it may meet with a favourable and candid Reception and that the Reader will pardon the Faults and Errata's of the Printer THE LAW and PRACTICE Of the several COURTS Belonging to the Famous City OF LONDON Of the Lord Majors Court THE Lord Majors Court commonly called the Majors Court in London is a Court of Record and is held in the Chamber of the Guildhall The Recorder of the City of London for the time being is Judge of this Court but the Lord Major and Aldermen may s●t as Judges with him if they please This Court being held by Custome and all the Proceedings are said to be before the Major and Aldermen The Sheriffs of London may in like manner sit with the Judges of the Sheriffs Court The Proceedings in that Court being also said to be held before the Sheriffs respectively In this Court all manner of Actions may be entered and tried by a Jury as in other Court for any Debt Trespass or other matter whatsoever arising within the Liberties of London and to any value whatsoever and is not a Court of Equity only as many Citizens suppose and to this day believe There is only four Attorneys belonging to this Court who upon their admission by the Court of Aldermen take the Oath following The Oath of an Attorney of the Majors Court. YOU shall swear that you shall well and lawfully do your Office of Attorney and well and lawfully examine your Clients and their quarrels without Champerty and without procuring of any Iuries or any Enquests embracing And that you shall change on quarrel out of its nature after your understanding Also you shall plead ne ley nor suffer to be pleaded or leyed by your assent no forreign Release Acquittance Payment Arbitration plain Accompt whatsoever it be to put the Court out of its Iurisdiction nor none other matter but it be such as you shall find rightful and true by the information of your Clients whose information and saying upon your Oath and Conscience you shall believe to be true And you shall not inform ne inforce any man to sue falsly against any persons by false or forged Actions Attendant ye shall be upon the Major of the said City for the time being and ready ye shall be at all times to come at the warning of the said Major but if ye be letted about the Business of the said City or by some other reasonable cause Ye shall not deliver any Book or any manner of Copy to any person of any thing that toucheth the Liberty of this City without licence and oversight of the Major Recorder and Town-Clerk of this City for the time being or of two of them or shew to any person any Book concerning the Customs of the said City nor suffer any Person to look upon any such Book of Customes at any time saving only the Councel of this City but that ye shall keep the same Books secret among your selves The secrets of this Court ye shall keep and not disclose any thing there spoken for the Common weal of the said City that might hurt any Person or Brother of the said Court