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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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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
other kind of Fish out of their due kind or season nor except they contain in length according to the true scantling and assize and not otherwise 27. Item You shall further inquire Soil and Rubbish and true presentment make whether any Butcher Brewer Inn-keeper or any other person or persons as well within the City of London as in any other Country Town or Village as far as the Liberty of the Lord Major extendeth have cast or put into the said River any Panches Grains Horse-dung or any other Rubbish Soil or Filth whatsoever to the very great annoyance and hurt of the said River on pain of Imprisonment and further fine at the discretion of the Lord Major of London If you know any such you shall present them 28. Item You shall further inquire what Royal Fishes Royal fish have been taken within the Iurisdiction and Royalty of the Lord Major of London as namely Whales Sturgeons Porpusses and such like and to present the name and names of all such persons as shall take them to the Lord Major of London for the time being 29. Item That no Fisherman or other person whatsoever shall lay in the said River of Thames any Lampern Leaps to take Lamperns before Bartholomew-tide yearly Lampern rods and so to continue till Good-Friday nor shall lay any more or greater quantity then only one rod of forty fathom containing seven dozen of Leaps and not above Nor shall lay any of the said rods until they shall be lawfully licensed by the Lord Major of London or by his Substitute the Water-Bailiff for the time being 30. Lastly Because the number of Fishermen do daily increase and not only Fishermen but also a great number of Cable-hangers and Trades-men such as were never bound Apprentice to the craft and science of Fishing to the great hurt of the River and hindrance of Fishermen the said River being not able to relieve and succour the multiplicity of them being so great It is now ordained That every Fisherman dwelling near unto the said River that doth take and receive into his or their custody any Apprentice to the said Trade of Fishing shall within one Moneth next after repair unto the Water-Bailiff of London to have his Indenture written and engrossed to the end that after he may present him to the Chamberlain of London to be enrolled according to ancient Custom And not to receive any Apprentice under the term of seven years And at the end and expiration of the said term the Master of the said Apprentice do again present him to the said Water-Bailiff to be by him admitted and allowed a Fisherman And finally You shall inquire and true presentment make by the Oaths that you and every of you have taken whether any Fisherman or other Person whatsoever they be have with any manner of Net or Engine offended or misused himself in fishing within the said River or whether they have any manner of ways made destruction of the brood and fry of any kind of Fish therein contained contrary to the good and ancient Laws Ordinances and Constitutions of the said River of Thames And to make a true perfect and faithful Presentment of all other kind of Enormities Hurts Offences and Annoyances touching as well Fishermen as any other person or persons within the said Iurisdiction being any manner of waies hurtful or offensive to the same At a Court of Aldermen the Tenth of July 1673. an Order was made as followeth viz. THis Court considering the great Decay of the Fishing Trade in the River of Thames and conceiving That drawing the Shores of late so frequently practised is the chief Ground thereof as tending to the great Prejudice and utter Destruction of the Brood and Fry of all sorts of Fish did thereupon this Day strictly order and enjoyn That no person do hereafter presume to draw the Shores in the River of Thames upon any pretence whatsoever at any time or season of the Year either with lawful or unlawful Nets save only for Salmons in Rooms appointed and set out for that purpose by this Court And that none do fish for Salmons in such Rooms but only such as shall be impowered thereunto under the Seal of the Majoralty of this City And also that none fish with a Net under six Inches in the Meash upon pain that every Offender shall forfeit for every such Offence his Nets and pay as a Fine the Sum of Twenty pounds and suffer Imprisonment during the pleasure of this Court. And to the end more diligent and strict Search may for the future be made upon the said River than hitherto hath been or possibly can be by one single person for such as fish with unlawful Nets at unlawful Times and in an unlawful Manner The Water-Bailiff for the time being is by this Court ordered and impowered from time to time to authorize Two or more honest Fishermen in such Town and Places as he shall think convenient as well below as above the Bridge to be assistant to him in the Execution of his Duty And when they shall think fit to go out and search for any such Offenders and to take away their Nets and give their Names to Mr. Water-Bailiff that he may take effectual Care that they be severely proceeded against according to Law Wagstaffe The Title of the Lord Major of the City of London to and for the Conservacy of the River of Thames INprimis The Major of the said City for the time being and all other his Predecessors Governours of the same City time out of mind have had and exercised the room of Conservacy of the River of Thames and the correction and punishment of all manner of Fishermen and all other persons offending within the said River Item King Edward the Third by his Charter hath granted That the Citizens of London shall remove and take away all Kidels in the Water of the River of Thames and Medway and shall have the punishment to the King belonging thereof coming Item By the Statute made in the Seventeenth year of the Reign of King Richard the Second it is ordained That the Major of London for the time being shall have the conservacy of the Thames and put in execution the Statutes of 13 Edw. 1. and 13 Rich. 2. from the Bridge of Stanes to London and from thence over the same water and in the water of Medway Item King James by his Charter to the City Dated the 20th of August in the third year of his Reign takes notice of the Lord Major's Right to the Office of Bailiff and Conservation of the River of Thames in these words or to this effect Charta Jacobi Regis concessa Civibus Londini de Conservatione Rivi Thamesis inter alia geren ' Dat' vigesimo die Augusti Anno Regni sui Tertio JAMES by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. To all to whom our present Letters Patents shall
memory King Henry the Eighth as a course thought fit and agreeable for that time Ordain establish and enact that no manner of person or persons being estrange from the liberties of the said City from thenceforth should hold or keep any open Shop or Shops within the said City or Liberties of the same neither with any Lattice before nor yet without Lattice certain numbers of poor men occupying the Seat of Botchers Tailors and Coblers only except upon pain of Imprisonment and also to forfeit and pay Forty shillings to the use of the Commonalty of this City as often times as he or they should do the contrary And where also the Lord Major Aldermen and Commons of the same City did afterwards the Twentieth day of January in the said Seventeenth year of King Henry the Eighth reciting that whereas a Common Councel holden the Sixteenth day of May in the Seventeenth year of the Reign of King Henry the Eeighth It was ordained and enacted That no manner of person or persons being estrange from the Liberties of this City from thenceforth should hold or keep any Shop or Shops within this City or the Liberties of the same neither with any Lattices before nor yet without any Lattice upon pain of Imprisonment further ordain and establish That if any person or persons being Forreign should hold and keep any open Shop or Shops as is aforesaid he should forfeit for every time so doing Forty shillings to be levied by distress to the use of the Commonalty of the said City by the Chamberlin for the time being or other Officer of this City And also have Imprisonment by direction of the Major and Aldermen for the time being Now forasmuch as divers and sundry Strangers and Forreigners from the Liberties of the said City nothing regarding the said ancient Charters Franchises Customs or Liberties of the said City and Acts and Ordinances heretofore made according to the same but wholly intending their private profit have of late years devised and practised by sinister and subtil means how to defraud and defeat the said Charters Liberties Customs good Grders and Ordinances and to that end do now inwardly in privy and secret places usually and ordinarily shew sell and put to sale their Wares and Merchandizes and use Arts Trade Occupation Mysteries and Handicrafts within the said City and Liberties of the same to the great detriment and hurt of the Freemen of the said City who pay lot and scot bear Offices and undergo other Charges which Strangers and others not Free are not chargeable withal nor will perform For reformation of which disorders and avoiding of such prejudice and damages as thereby groweth to the Freemen of the said City and is now more of late used then was in any time heretofore suffered and to provide for the common profit and good of the Freemen and Citizens of this City It is therefore by the Lord Major and Aldermen and Commons in this Common Councel assembled ordained and established that no person whatsoever not being Free of this City of London shall at any time after the Feast of St. Michael now next ensuing by any colour way or means whatsoever either directly or indirectly by himself or by any other shew sell or put to sale any Wares or Merchandizes whatsoever by Retail within the City of London or the Liberties or Suburbs of the same upon pain to forfeit to the Chamberlin of the City of London for the time being to the use of the Major and Commonalty of the said City the sum of five pounds of lawful money of England for every time wherein such person shall shew sell or put to sale any Wares or Merchandizes by Retail within the said City Liberties or Suburbs thereof contrary to the true intent and meaning thereof And it is further ordained and established That no person whatsoever not being free of the City of London shall at any time after the said Feast of St. Michael now next ensuing by any colour way or means whatsoever directly or indirectly by himself or by any other keep any Shop or other place whatsoever inward or outward for shew sale or putting to sale of any Wares or Merchandizes whatsoever by way of Retail or use any Art Trade Occupation Mystery or Handicraft whatsoever within the said City or the Liberties or Suburbs of the same upon pain to forfeit the sum of Five pounds of lawful money of England for every time wherein such persons shall keep any Shop or other place whatsoever inward or outward for shew sale or putting to sale of any Wares or Merchandizes whatsoever by way of Retail or use any Art Trade Occupation Mystery or Handicraft whatsoever within the said City or Liberty or Suburbs of the same contrary to the true intent and meaning hereof All which pains penalties forfeitures and sums of money to be forfeited by virtue of this Act or Ordinance shall be recorded by Action of Debt Bill Plaint to be prosecuted in the name of the Chamberlin of the City of London for the time being in the Kings Majesties Court to be holden in the Chamber of the Guild-hall of the City of London before the Lord Major and Aldermen of the said City wherein no essoin or wager of Law shall be admitted or allowed for the Defendants And that the Chamberlin of the City for the time being shall in all Suits to be prosecuted by virtue of this Act or Ordinance against any Offender recover the ordinary Costs of Suit to be expended in and about the prosecution thereof And further that one equal third part of all Forfeitures to be recovered by virtue hereof The costs of the Suits for recovery of the same being deducted and avowed shall be after the recovery and receipt thereof paid and delivered to the Treasurer of Christ's Hospital to be imployed towards the relief of the poor Children to be brought up and maintained in the said Hospital and one other equal third part to him or them which shall first give Information of the Offences for which such Forfeitures shall grow and prosecute Suit in the name of the Chamberlin of the said City for recovery of the same any thing in this Act to the contrary notwithstanding Provided always that this Act or Ordinance or any thing herein contained shall not extend to any person or persons for bringing or causing to be brought any Victual to be sold within this City or the Liberties thereof but that they and every of them may sell Victual within the said City and the Liberties thereof as they might lawfully have done at the making hereof any thing herein contained to the contrary in any wise notwithstanding If a Freeman of London shall imploy a Forreigner to work within the City or Liberties he forfeits 5 l. a day and an Action lies against him for the same In like manner pursuant to an Act of Common Councel made in the Majoralty of Sir William Garrard Knight which Act is as followeth