Custome for the payment of a thousand pound according unto the time limited by the Will and according to the Will aforesaid The Executor denieth to find Sureties whereupon he was committed to prison and a Habeas Corpus being awarded out of the Court of Kings Bench to have the Body of the Executor together with the cause all this matter appeareth upon the return And now it was moved by Richard Martin late Recorder of London then an Apprentice of the Law that the return was insufficient and so the Executor ought to be enlarged First in regard that the ground of the imprisonment was the Custome of London and the custome is against the Law and void insomuch that it enforceth an Executor to find Sureties for the payment of a Legacy according unto the Will where the law requireth that debts be paid before such time as Legacies be performed and the Law giveth an election unto the Executor to pay which of the Legacies he will in case there be not sufficient to pay all the debts and legacies of the Testator but this exception was disallowed by the said Court insomuch that the custome of London appeareth by the return to be that he shall find Sureties for the performance of the Legacies according unto the Law of the Realm and the Will of the Testator So as if the Executor had not sufficient to pay debts and legacies he hath the same power and liberty after such time as he hath found Sureties as he had before Secondly except on was taken because it appeared by the return that the Devisor was a woman and also only the Wife of a Freeman and not a Free-woman and she is not within the custom of London which only speaketh of a Freeman But this exception was over-ruled for a woman being a Free-woman within the Statute of Magna Charta cap. 29. which enacteth that no Freeman shall be taken or imprisoned c. but by the lawful judgement of his Peers So that she being a Barroness or Countess shall be tried by her Peers upon an Indictment preferred against her she shall also be reputed a Freeman within this custome Secondly the Wife of a Freeman having the liberty and priviledge to Trade in the City and so able to take benefit by it she shall also be bound by the customes of it Thirdly howsoever she was dwelling out of London at the time of the Will made she is a Freeman within the compass of the custome Fourthly it was objected that this custome of London concerning Orphans was an antiquated custome and had not been put in use by many years and therefore ought not now to be put in ure to take away the liberty of a man and especially also because the life of a custome is the usage but this exception was over-ruled for this custome is dayly put in Ure The custome in not removing body and cause upon Habeas Corpus A Petition being affirmed in London by one Hill a Citizen and Freeman of London against another Citizen and Freeman of London upon a Bond of a hundred pound a Summons is awarded against the said obliged and the pretext being returned that he hath nothing whereby he may be summoned within the City upon a Surmize made by Hill the Obligee that one Harrington a Citizen and Freeman of London is indebted in a hundred pound unto the first Obligor a Summons is awarded according to the custome of London of Forreign Attachments for the warning of Harrington who is warned accordingly whereupon Harrington procureth a Habeas Corpus for the removing of his body together with the cause into the Kings Bench upon which Writ a return is made in this manner that is to say That London is an ancient City and that time out of mind of man the Mayor Aldermen and Citizens of London have had Conusans of all manner of Pleas both real and personal to be holden before the Mayor Altermen and Sheriffs of London in London and that in no action whatsoever they ought to remove the cause out of London into any other Court and do moreover shew a confirmation made by R. 2. in the seventh year of his Reign of all their customes and so for this cause they had not the body here nor the cause And exception being taken to the insufficiency of this return it was agreed and resolved by the whole Court of Kings Bench that this return made was ill for common experience teacheth that the usual course is and alwayes hath been that upon Habeas Corpus the body together with the cause have been removed out of London into the Kings Bench and likewise upon Certioraries awarded out of the Kings Bench. Records have been certified out of London into that Court for Justice being to be done unto the Citizens of London as well in that Court as in the 〈…〉 proper Court the Court of London being an inferiour Court unto the Court of Kings Bench where the King is supposed to sit in person ought to yeild bedience unto the Writs awarded out of that Court as the Supetiour Court but if the cause should be such that there should be a failer of Justice in the Kings Bench upon the removing of the cause because it is only an action grounded meerly upon the custome of London then a return made of the special matter will be warrantable or otherwise if the return be made that the custome of London is that no cause which is a meer customary cause wherein no remedy can be had but only in London according unto the custome of London may well be allowed so as the cause specially be returned into the Court whereby it may appear unto the Court that it is such a cause which will not bear action at the Common Law for it is usual in the Kings Bench that if the cause returned unto the Court upon the Habeas Corpus appear to be such a cause as will bear an action only by the custome and not at the Common Law the Court will grant a Procedendo and send it back again to London as if the cause returned appear to be an action of Debt brought upon concesit se solvere or to be an aaction of Covenant brought upon a Covenant by word without any specialty for these be meer Customary actions which cannot be maintained but by the custome of London and therefore that shall be remanded for if the Kings Bench should retain these causes after such time as they are removed and should not remand them there would be failing of Justice and the Judges of the Kings Bench in the person of the King do say Nulli negabimus nulli vendemus nulli differemus justitiam and the reteining of these causes would be a denying of Justice wherefore they do grant a Procedendo and remand it The case concerning payment of Tythes in London RIchard Burrel being seized in his Demesne as of Fee of a House called Green Acre a Shop and Ware-house in
obedient ye shall be to the Mayor and Ministers of this City the Franchises and Customes thereof ye shall maintain and this City keep harmless in that which in you is Ye shall be contributory to all manner of charges within this City as Summons Watches Contibutrions Taxes Tallages Lot and Scot and to all other charges bearing your part as a Freeman ought to do Ye shall colour no Forraign Goods under or in your name whereby the King or this City might or may lose their Customes or Advantages Ye shall know no Forraigner to buy and sell any Merchandize with any other Forraigner within this City or Franchise thereof but ye shall warn the Chamberlain thereof or some Minister of the Chamber Ye shall implead or sue no Freeman out of this City whiles ye may have Right and Law within the same City Ye shall take none Apprentice but if he be free born that is to say no Bond-mans Son nor the Son of any Alien and for no less term then for seven years without Fraud or Deceit and within the first year ye shall cause him to be enrolled or else pay such a Fine as shall be reasonably imposed upon you for omitting the same and after his terms end within convenient times being required ye shall make him Free of this City if he have well and truly served you Ye shall keep the Kings Peace in your own person Ye shall know no Gatherings Conventicles or Conspiracies made against the Kings Peace but ye shall warn the Mayor thereof or let it to your power All these points and Articles ye shall well and truely keep according to the Laws and Customes of this City to your power So God you help God save the King An Act of Common Councel 1. of June 18. K. H. 8. Concerning making Freemen of the City against colouring forreign Goods AT this Common Councel it is agreed granted ordained and enacted That if hereafter any Freeman or Free-woman of this City take any Apprentice and within the term of seven years suffer the same Apprentice to go at his large liberty and pleasure and within or after the said term agree with his said Apprentice for a certain sum of money or otherwise for his said service and within or after the end of the said term the said Freeman present the said Apprentice to the Chamberlain of the City and by good deliberation and upon his Oath made to the same City the same Freeman or Freewoman assureth and affirmeth to the said Chamberlain that the said Apprentice hath fully served his said term as Apprentice Or if any Freeman or Freewoman of this City take any Apprentice which at the time of the said taking hath any Wife Or if any Freeman or Freewoman of this City give any Wages to his or her Apprentice or suffer the said Apprentices to take any part of their own getting or gains Or if any Freeman or Freewoman of this City hereafter colour any Forreign Goods or from henceforth buy or sell for any person or persons or with or to any person or persons being Forreign or Forreigners Cloths Silks Wine Oyles or any other Goods or Merchandize whatsoever they be whether he take any thing or things for his or their Wages or Labor or not Or if any person or persons being Free of this City by any colour or deceitful means from henceforth do buy sell or receive of any Apprentice within this City any mony goods merchandize or wares without the assent or license of his Master or Masters and upon examination duly proved before the Chamberlain of the said City for the time being And the same reported by the mouth of the said Chamberlain at a Court to be holden by the Mayor and the Aldermen of the same City in their Councel Chamber That aswel the said Master as the said Apprentice shall for evermore be disâ—anchised God save the King The Statutes of the Streets of this City against Annoyances 1. First no man shall sweep the filth of the Street into the Channel of the City in the time of any Rain or at any other time under pain of six shillings eight pence 2. No man shall cast or lay in the Streets Dogs Cats or other Carren or any noysome thing contagious of Air. Nor no Inholder shall lay out Dung out of his house but if the Cart be ready to carry the same away incontinently under pain of forty shillings 3. No Brewer shall cast willfully dregs or dross of Ale or Beer into the Channel under pain of two shillings 4. No man shall encumber the Streets with Timber Stones Carts or such like under pain of Forfeiture of the same thing that so encumbreth the Streets which is twenty shillings fine if he remove it not at the warning of the Serjeant of the Market 5. Every Builder of houses ought to come to the Mayor Aldermen and Chamberlain for a special License for hourd of by him to be made in the high Street and no Builder to encumber the Streets with any manner of thing taking down for the preparing of his New Building under pain of forty shillings except he make a hourd of sorty shillings 6. No man shall set any Carts in the Streets by night time under the pain of twelve pence and recompence to such persons as shall be hurt thereby if any such be twelve pence 7. No Budge-man shall lead but two Horses and he shall not let them go unled under pain of two shillings 8. No man shall ride or drive his Car or Cart atrot in the Street but patiently under pain of two shillings 9. No man shall Gallop his Horse in the Street for Wager or otherwise under like pain of two shillings 10. No man shall Shoot in the Street for Wager or otherwise under like pain of two shillings 11. No man shall bowl or cast any Stone in the Street for Wager or gain or such like under pain of two shillings 12. No man shall dig any hole in the Street for any matter except he stop it up again under pain of two shillings and recompence to any person hurt thereby two shillings 13. No man bury any Dung or Goung within the Liberties of this City under pain of forty shillings 14. Goung-Fermour shall carry any Ordure till after nine of the Clock in the night under pain of thirteen shillings four pence 15. No Goung-Fermour shall spill any Ordure in the Street under pain of thirteen shillings four pence 16. No man shall bait Bull Bear or Horse in the open Street under pain of twenty shillings 17. No man shall have any Kine Goats Hogs Pigs Hens Cocks Capons or Ducks in the open Street under pain of forfeiture of the same 18. No man shall maintain any biting Curs or mad Dogs in the Streets under pain of two shillings and recompence unto every party hurt therewith two shillings 19. No Carts that shall be shod with Spig-nails that shall come upon the Streets of this City
of London were confirmed by K. R. 2. in the Parliament holden in the seventh year of his Raign And averteth That he had served one in the Trade of a Wool-Packer as an Apprentice by the space of seven years and that he was a Citizen and a Freeman of London and that he did relinquish the trade of a Wool-Packer and betook himself to the trade of an Upholster as lawful it was for him to do and so he demandeth the Judgment of the Court if this Information against him will lie and upon this Plea in Bar the said Thomas Allen doth demur in Law The Questions in the Case were these 1. Whether the custome of relinquishing one Trade after that he hath been an Apprentice by the space of seven-years and betaking himself to another Trade wherein he hath not been an Apprentice be good or no 2. Whether it may be taken as a custome or no or whether it shall be said to be the Common Law of the Realm and so the Allegation of it as a custome nought 3. Whether the Statute of the Confirmation of the Customes of London made in the seventh of R. 2. as it is pleaded shall be taken to be an Act of Parliament or only a Confirmation made by the Letters Pattents of the King in Parliament 4. Whether the branch of the statute of 5. Eliz. cap. 4. being in the Negative inhibit all men to exercise the trade when they have not been Apprentice seven years thereunto is a Controlment of the custome of London which can receive no support by the Statute of confirmations and whether that custom shall stand good in opposition of that branch 5. Whether the trade of an Vpholstor be a Trade restrained by the Statute of 5. Eliz. so as Iohn Tolley may exercise it notwithstanding that he hath not been an Apprentice to it by the space of seven years according to the course of the Common Law 6. Whether the Court of the Mayor of London be such a Court of Record as that an Information may be exhibited there 7. Whether a Moyety may be demanded of this Forfeiture by the Informer when as a Proviso in the Stat. of 5. Eliz. 4. doth appoint the levying gathering and receiving of such Forfeiture as falls in a City or Town Corporate to the Mayor or other head Officers to the use and maintenance of the same City or Town Corporate As to the first Question Which is the lawfulness of the custome it was agreed to be good for it might have a reasonable construction beginning and just cause for the putting of it in Execution insomuch that London being a famous City for traffique and commerce cannot but sometimes have Merchants and Tradesmen in it who by misadventure of Pyrates or Shipwrack in the Seas or by conffiscation of their Goods in Forraign Countries abroad oâ— by casuâ—lties of Fire c. at home have their Estates sunk whereby they are not able for want of Stock and Meaneâ— to continue that course of Merchandizing and Trade wherein they have been brought up there being great Stocks and sums of money requisite for the continning of it whereupon they are forc'd to leave that course and betake themselves to some other Trade proportionable to that means which they have left And it were lamentable that wherâ— inevitable casualties have disabled a man to proceed in that course wherin he was brought up he now should not be permitted to acquire his living by any other Trade Also it may be that the Trade whereunto he was an Apprentice requireth great labour and strength of body as the Trade of a Smith Carpenter and such like and that through sickness or other disasters befaln him he is become infirm in body and weak in strength whereby he is not able to use that Trade Now to debaâ— him of all other Trades which are more be fitting his crazy body were somwhat unreasonable Wherefore to meet with these inconveniencies and to give incouragement unto the Citizens and Freemen of London this Custome of relinquishing the Trade whereunto they have been Apprentices by the space of seven years and betaking themselves unto another Trade hath had a perpetual allowance and being grounded upon so good reason still hath its continuance and may not any wayes be called in question for the unreasonableness of it As to the second question scil Whether the Allegation of it as Custome in London that every Citizen and Freeman of London may relinquish his Trade wherein he hath been an Apprentice by the space of seven years and exercise another Trade or no be warrantable by the Rules of Law or no insomuch that before the Stat. of 5. Eliz. 4. which restraineth it it was lawful for every man to use what Trade he would although he had not been an Apprentice by the space of seven years And then it being the Common Law of the Realm that a man might use any Trade although he had not been an Apprentice for seven years it may not be alledged by way of custome in London but it ought to have been shewed as the custome of the Realm for that which is the Common Law of the Realm is the custome of the Realm It was answered and agreed That as this custom was alledged in this information the allegation of it was warrantable in the Law and it may well be said to be a custome before the Stat. of 5. Eliz. For first The custome is restrained to a Citizen and Freeman of London so as he that is not a Citizen and Freeman may not enjoy the benefit of this custome and it being restrictive of the Common Law which giveth power unto all as well Freemen as Citizens to exercise what Trade they will standeth well in custome and may well be alledged by way of custome This is alledged to be the custome of London and so is tyed to a particular place and howsoever it may be the Common Law of the Realm in other places yet in London which is for the most part governed by their particular Customes it may well be said a Custom and so the Plea in Bar good enough as to this exception As to the fourth Question soil Whether the branch of the Statute of 5. Eliz. 4. be a repeal and controul of the Custome of London concerning the exercise of a Trade where he hath not been an Apprentice by the space of seven years It was resolved that the Custome of London was of force and was not any wayes controuled by that branch First In regard that this being a particular Custome used in London the general words of the branch of that Statâ— shall not be taken to extend to the repeal of it For so much regard is to be given unto that City being Camera Regis and as dear to him as the Apple of his Eye that the Customes of that place shall not be overthrown by the extent of general words where there is no particular provision
That as well Citizens as Strangers should pay and the King could not grantâ—it to the City son it is an imposition not allowed by the Law first against Citizens because although the Taâ— may be made for the generaâ— good of the City yet it cannot bâ— imposed or taxed upon particulaâ— persons but upon every House oâ— the City c. but here it is particular and personal to this part of the City Also this Dock was never repaired at the general charge of the City but by the particular Warâ— of Baynards-Castle Also the Citizens of London shall not pay Toâ— in any place of England and her the Dock stands upon the passage oâ— the City and every Wharfe is as â— Gate of the City and therefore they may as well impose a tax upon every one which goeth out of any of the Gates of the City which is unreasonable and against Law as out of this Wharfe And also here is no certain profit to the City but this taxation is farmed for one and twenty years for ten shillings a year to the City which if it were a general charge there ought to come some general benefit by it to the City It is not like to the case of Cloth Co. part 5. fol. 62. because that was for the general good of the Realm and in the furtherance of the Execution of divers Statutes but this is neither in furtherance of either Statute or common Law but rather to the prejudice of both because every Citizen in respect of his Freedome is equal to the Lord Mayor And 29. Eliz. in the Common Pleas it was ordained by the Common Councel That none should use any Sand in the City except it were taken out of the Thames and it was adjudged to be against Law and the Officer of the Mayor was committed to Prison And this Dock did heretofore belong to the Arch-bishop of Canterbury and hath ever been free also here the Assessment is unreasonable viz. to pay for every load a penny especially for Inhabitans about and neer the Dock and so he prayed that there might be no Procedendo Crook George was of the same side And he said that by the Act of Common Councel it is enacted that none shall carry c. so that by that Ordinance none shall carry a Paile of Water but he shall pay a penny for it Also the Assessment is to be levied and to continue for twenty one years together which is unreasonable and it hath been adjudged here that an Assessment levied for twenty one years for reparations of a Church was not lawful Mosley of Grays-Inne prayed for a Procedendo and said that it did not appear by the return that Kâ—ate was a Citizen and the Judges are not to meddle with any thing which is not within the return and he said it was a good By-law founded both upon custome and prescription and he put Taverner and Cromwells Case Pasch 16. Eliz. 322. 323. Dyer where the Lord of a Mannor made a By-law that no Tenant should put his Beast into the Common before the ringing of a Bell upon pain to forfeit twelve pence and adjudged a good Ordinance and he cited Smith and Shepherds cafe 49. Eliz. where there was a prescription for through Toll adjudged to be good because it was for maintenance of High-wayes so here it is for the Weal Publique of that part of the City and for all the City and it should be a great inconvenience that this Wharfe should not pay add that all other Wharfes should pay Toll and that was one wisemans Case 42. Eliz. that Wharfaye by prescription is good and 44. Elizab. in Hankshead and Wooas Case where Toll was paid for maintenance of the Walls of Salisbury for every pack of Wooll which passed by one penny and holden to be a good imposition and the case of Gravesend where there was an imposition that every one which landed at Gravesend should pay a penny toward reparation of the Bridge and good by the better opinion of 11. H. 6. Of Fair and Market Walter was of the same side this by Law is good First it is not against the Rules of Law nor the Prerogative of the King nor the benefit of the Subfect for by the Statute of 4. H. 7. cap. 15. 16. that the City of London is conservator of the River of Thames from Stanes to Yealand in the County of Kent Also by the Statute of 28. H. 8. cap. it is ordained that the River shall not be stopped Ergo this by Law is for the better execution of those two Acts of Parliament Secondly it is a benefit to the Subject because before none could any thing there without danger but now by this means the rubbish is cleansed and a stranger shall have a quicker and safer return and the penalty upon the Cloth in the Case before cited Co. part 5. is a stronger Case then this is because Dock hath continue all need to be cleansed and if such a Tax should be for reparations of the Walls of a City it would be good As to the objection he answered that as the said Case of Hallage cited before Co. part 5. so this is a general in particular and the Tax upon the Cloth was to be paid to a particular person viz. the Chamberlain as here it is who is a General Officer for the City The Case of digging of Sand was not good because thereby a man was prohibited to use his his own inheritance Commoners may make a by Law that none shall put in his Beasts before such a day but if the by Law be that one particular man shall not put in his Beasts before such a day that would not be good but our Case is more general and so prayed for a Procedendo Mountague Recorder If this be overthrown all the Orders and Ordinance of the City should be made void and stand for nothing and he said that the very objection that a Tax could not be imposed upon Strangers was made in the Case of Hallage before Yelverton Henry The Case that Walter hath put for the cleansing of rubbish c. may be good but there is no such thing here but Tax only for landing adjurnatur The Custome of London To fine one chosen by the Commons to be Sheriff and refusing to hold RIchard Chamberlain a Citizen and Freeman of London being chosen by the Commons according to the custome of London to be one of the Sheriffs of the City of London is convented before the Major and Commonalty to take the Office upon him or otherwise to take his Oath that he is not worth ten thousand pounds upon his appearance he refuseth to take the Oath and likewise to execute the Office whereupon according to the custome of London he is fined four hundred Marks and committed to prison until such time as he enter into Bond unto the Major and Commonalty for the payment of it He becometh bound accordingly unto the Major and
away or otherwise occupy or dispose the said Gravel Sand or other thing at their freeliberty and pleasure And that all Paviers Bricklayers Tilers Masons and all other that shall occupy Sand or Gravel shall endeavour themselves with all their diligence to occupy the said Sand or Gravel and none other paying for the same reasonably as they should and ought to pay for other Sand or Gravel digged out of other mens Grounds about the said City which after is filled again with much filthy things to the great infection of the Inhabitants of the said City and all other repairing unto the same And that further humble Suit may be made to the Kings Highness that all persons having Lands or Tenements along the said River side upon certain pain by his Highness and the Lords of his most Honourable Councel to be limited shall well and sufficiently repair and maintain all the Walls and Banks adjoyning unto their said Lands that so the Water may not nor shall break in upon the same and the same to be continued till the time that the said noble River be brought again to his old course and former Estate And that strong Grates of Iron along the said Water-side and also by the Street-side where any Watercourse is had into the said Thames be made by the Inhabitants of every Ward so along the said Water as of old time hath been accustomed And that every Grate be in height four and twenty inches at the least or more as the place shall need and in breadth one from another one inch and the same to be done with all expedition and speed And if the occupiers of the said Lands and Tenements make default contrary to the Ordinance asoresaid or else if any person or persons in great Rains and other times sweep their soylage or filth of their houses into the Channel and the same after is conveighed into the Thames every person so offending shall forfeit for every such default twenty pence and that upon complaint to be made to any Constable next adjoyning to the said place where any such default shall be found it shall be lawful for the said Constable or his sufficient Deputy for the time being from time to time distrain for the same offence And to retain the same irreplegiable and like Law to be observed and kept And like penalty to be paid for every person that burn Rushes and Straw in their houses or wash in the common Streets or Lanes and to be recovered as aforesaid and the one moyety thereof to be to the Mayor and Commonalty and the other moyety to be divided between the said Constable that taketh pain and the party finder of the said default And if the Constable or his Deputy refuse to do his duty according to the true meaning of this Act that then the Constable or his Deputy which shall so refuse to his duty as aforesaid shall forfeit and pay for every time so offending three shillings four pence And the same penalty of the said Constable to be recovered and obtained by distress irreplegiable to be taken by any of the Officers of the Chamber of London to the use of the Mayor and Commonalty of London And further that no person or persons having any Wharfe or House by the said Water-side make not their Laystalles nigh to the River aforesaid except only the common Laystalles where the Common Rakets of this City use to repose and lay all their Soylage to be carried away by them with their Dung-boats And that the said Rakets shall lay their said Dung carried in their Dung-boats to such convenient place or places as shall be appointed by the Lord Mayor of London for the time being with the advice of his Brethren the Aldermen of the same and to no other place or places upon pain to forfeit for every such default five pound to be recovered in any of the Kings Courts within the City of London by Bill Plaint Moyety of Debt or information by any person that will or shall pursue for the same the one Moyety thereof to be unto the Mayor and Commonalty of London and the other Moyety to him or them that will or shall pursue for the same in which Actions or Suits no wager of Law nor Essoygn shall be allowed The Oath of the Constables within the City of London YE shall swear that ye shall keep the Peace of our Soveraign Lord the King well and lawfully after your power And ye shall Arrest all them that make Contect Riot Debate or Afray in breaking of the said Peace and lead them to the House or the Compter of one of the Sheriffs And if ye be withstood by strength of misdooers ye shall rear on them an Out-cry and pursue them from Street to Street and from Ward to Ward till they be Arrested and ye shall search at all times when ye be required by the Scavengers or Beadles the common noysance of your Ward And the Beadle and Raker you shall help to reare and gather their Sallery and Quarterage if ye be thereunto by them required And if any thing be done within your Ward against the Ordinance of this City such defaults as ye shall find there done ye shall them present to the Mayor and Ministers of the City and if ye be letted by any person or persons that ye may not duly do your Office ye shall certifie the Mayor and Councel of the City of the Name or Names of him or them that so let you Ye shall also swear that during the time that ye shall stand in the Office and occupy the Room of a Constable ye shall once at the least every moneth certifie and shew to one of the Clarks of the Mayors Court and in the same Court as well the Names as Sur-names of all Free men which ye shall know to be deceased within the moneth in the Parish wherein ye be inhabited as also the Names and Sur-names of all the Children of the said Free-men so deceased being Orphans of this City And thus you shall not leave to do as God you help c. God save the King The Oath of the Scavengers YE shall swear that ye shall diligently over-see that the Pavements within your Ward be well and sufficiently repaired and not made too high in noysance of your Neighbours and that the Wayes Streets Lanes be cleansed of Dung all manner of filth for the honesty of this City And that all the Chimnies Furnaces and Reredoes be of Stone sufficiently and defensively made against peril of Fire And if ye find any the contrary ye shall shew it to the Alderman of the Ward so that the Alderman may ordain for the amendment thereof And thus ye shall do as God you help God save the King The Oath of every Freeman of this City of London YE shall swear that ye shall be good and true to our Soveraign Lord King Charls and to the Heirs of our said Soveraign Lord the King Obeysant and
REPORTS OF SPECIAL CASES Touching several Customes AND Liberties OF The City of LONDON Collected by Sir H. Calthrop Knight Sometimes Recorder of London Whereunto is annexed divers ANCIENT CUSTOMES AND USAGES Of the said City of LONDON LONDON Printed for Abel Roper at the Sun St. Dunstans Church in Fleetstreet 1670. To the Right Worshipful Sir THOMAS LOE K. ALDERMAN OF The City of LONDON Worthy Sir BEing put in mind of that saying of Seneca Ingratum sidixeris Omnia dixeris And having a desire to avoid that Rock whereupon so many have suffered Shipwrack have had often conflicts within my self wherein I might express my thankfulness unto you of whom I a Stranger have received so many undeserved favours and at last bethought my self that you being one of the Noble Governours of this famous City of London and being likewise a President over several Companies of Merchants in it a Treatise concerning the Customs of the City of London or otherwise concerning the Priviledges and Immunities granted unto the Merchants of London would not altogether be an unfitting subject to be presented unto your view whereupon I have selected som few Cases collected by my self of the resolution of the Iudges concerning some Customes of your City and some Charters granted unto the Citizens of it and offered them unto your consideration the which I desire you to accept as a pledge and token of a thankful mind howsoever they in themselves are unworthy your pains to be taken in the reading of them and so with my truest wishes of the continuance of all happiness unto your self your thrice Noble Lady and the branches of your flourishing Family I take my leave ever resting From my Chamber in the middle Temple 2 Januarii Anno Dom. 1661. The affectionate and hearty well-wisher of all good unto you and yours Henry Calthrop The Contents of several Cases THe Case of the City of London concerning Neusances in stopping up the lights of their Neighbours houses by new Buildings page 1 Touching the custome of Citizens learning that Trade whereunto they have been Apprentices seven years and betaking themselves to other Trades 9 The custome of London touching forreign Attachment 27 The Case concerning the prisage of Citizens Wines  The Case concerning repairing of Wharfes and Docks  The cuctome of London to fine one chosen by the Commons to be Sheriff and refusing to hold 33 The Case of Merchant-Adventurers 36 Certifying Indictments upon Certioraries 42 Concerning Orphans Portions 46 The custome in not removing body and cause upon Habeas Corpus 50 The Case concerning payment of Tythes in London 54 Divers ancient cuctomes and usages of the of City London 79 Hust of Pleas of Land 80 Hustings of Common Pleas. page 85 Assizes of Mort d' ancest in London 94 Assizes of Novel Dissezen called freshforce in London 97 De curia Majoris London Custumis Civitatis ejusdem diversis Cesibus terminalibus in eadem curis 100 The Commission and Article of the Wardmote Inquest by the Mayor 129 An Act for the reformation of divers abuses used in the Ward-mote Inquests 146 The Articles of the charge of the Ward-mote Inquest 151 An Act Parliament for the preservation of the River of Thames 169 An Act of Common Councel concernidg the conservation and cleansing of the River of Thames 174 The Oath of the Constables within the City of London 180 The Oath of the Scavengers 182 The Oath of every Freeman of this City of London 183 An Act of Common Council concerning making Freemen of the City againct colouring of forreign Goods 185 The Statutes of the Streets of this City against Annoyances 187 Old Laws and Customes of this City 196 By Act of Parliament in 14. Car. 2. 198 REPORTS of special CASES Touching several CUSTOMES And LIBERTIES Of the City of LONDON c. The Case of the City of London concerning Neusans in stopping up the lights of their Neighbours Houses by New-buildings REginold Hughs an Attorney of the Kings Bench being seized in his demesne as of Fee of an ancient house in the Parish of Saint Olaves in the Ward of Queen Hithe London in the South-Part of which House have been three ancient Lights time our of mind Anthony Keeme having taken a Lease for 31. years from the Rector and Guardians of the Parish Church of Saint Michael at Queen Hithe by Indenture of a rumous house and yard next adjoyning unto the said House with a Covenant to bestow a 100 marks at the least upon the repairing or new building of the said House doth within two years pull down the said House and doth build a new House in the place where the old House stood and likewise upon the yard whereby the three ancient Lights on the South-side of â—â—â—â— House are stopt up whereupon Reynold Lewes doth bring his action upon the case against Anthony Keem for the stopping up the Lights unto which the said Anthony doth plead a special Plea in Bar shewing the ruinousness of the House and likewise the Lease made by the Rector and Guardians and the Covenant comprised within the Lease and doth also shew that there is a custom in London that if one have an ancient house wherein there are ancient Lights and one other hath a House adjoyning upon that House he that hath the adjoyning House may well enough enhance his House or build a new House upon his ground and to stop those ancient Lights of the House next adjoyning unless there be some writing to the contrary And he doth aver in facto that there was no writing to the contrary and that he according to the Custome did take down the old House and build a new one upon the same Foundation and upon the Yard opposite unto the said Lights whereby they were stopped up and upon this Plea in Bar the Plaintiff demurreth in Law The Questions of this case are First whether it be lawful for a man to build a House upon his own Ground whereby the Lights of an ancient House are stopped there being no Custome to enable him Secondly whether the Custome of London will enable a man to build a new house from the ground where no house formerly was whereby he may stop the ancient lights of his Neighbours house Thirdly Whether upon an ancient foundation a house may lawfully be enhansed so as it shall stop up the light of the Neighbours house adjoyning As to the first it is clear by the opinion of Sir Thomas Flemming Chief Justice of the Kings Bench Sir Cristopher Yelverton Sir David Williams and Sir Iohn Crook Justices of the Kings Bench that there being no custome it is not lawful to erect a new house upon a void piece of ground whereby the old lights of an ancient house may be stopped up for the rule of equity and law saith Utere tuo ut alienum non laedas and the light which cometh in by the Windowes being an essential part of the House by which he
It was agreed and resolved That it may and doth well enough hold For howsoever that none was charge able at the Common Law by the name of an Administrator inasmuch as by the Statute of 31. Ed. 3. cap. No accusation lay against an Administrator by that name And that A custome may not commence since the making of that Statute yet inasmuch as he was chargable at the Common Law as an Executor for his Administration so that the name of the charge is only changed and yet in substance is all one For every Executor is an Administrator and the pleading is upon an action brought against an Executor that he never was Executor nor ever administred as an Executor And an Administrator hath the quality and office of an Executor Therefore the custom of Forreign Attachments will hold against an Administrator as well as against an Executor As to the third Question which is Whether the Forreign Attachment for the debt due unto the Intestate after the promise broken be such a dispensation with the promise that no Action now lieth for the Administrator upon the breach of the promise It was agreed and resolved that the promise was dispensed with and no action lay upon the breach of it for the debt due by Tenant unto the Intestate which was the ground and cause of the promise made unto Spink the Plaintiff is taken away by the judgement had in London upon the custome of Forreign Attachments Et sublato fundamento fallit opus And therefore if after the promise broken there had been a Recovery had of the principal debt by the Plaintiff as Administrator or otherwise there had been a Release made unto the Defendant Now the Action upon the Case upon the promise would have failed inasmuch as the debt which was the consideration and ground of the promise is gone and so the dampnification which he should have had by not performance of the promise faileth And agreeing to this resolution was the Case of one Bardeston and Humfry cited to be adjudged whereupon an accompt he that was found in Arrearges upon a consideration of forbearance by one moneth promiseth payment of them And those Arrerages thus due being attached in the hands of the Accomptant after the promise broken It was held that no Action might afterwards be maintained upon the breach of promise The Case concerning the Prisage of Wine KIng Edward the third in the first year of his Reign doth by his Letters Patents bearing date the same time grant unto the Mayor and Commonalty of London that no prisage shall be of any of the Wines of the Citizens of London But they shall be free and discharged from the payment of all manner of Prisage George Hanger being a Citizen and Freeman of London and Resient within the City fraughteth four several Ships with Merchandize to be transported beyond the Seas the which four Ships being disburdened of the said Merchandize are laden with Wines Two of the Ships came up the Thames at London and before any unbulking of them George Hanger maketh Frances Hanger being his wife his Executrix and dieth Afterwards the other two Ships came up to London Sir Thomas Waller being cheif Butler of the King by virtue of Letters Patents made unto him Demandeth the payment of Prisage of the said Frances Hanger for the Wines in the said four Ships that is to say To have of every of the Ships one Tun before the Mast and one other Tun behind the Mast She denieth the payment of it whereupon the said Sir Thomas Waller as chief Butler exhibiteth his Information into the Kings Bench against the said Frances Hanger Whereunto the said Frances pleadeth a special Plea in Barre shewing the whole matter as abovesaid opon which Sir Thomas Waller demurreth in Law The Questions of this case are two The first is whether for the Wines which came up the Thames in the two Ships before the death of George Hanger any Prisage ought to be paid unto the King or not The second is whether any Prisage ought to be paid for the Wines which were upon the Sea in the Ships before the death of the said George Hanger but came not up the Thames until after the death of George Hanger The case was argued at several times by Sir Henry Mountague Knight then Recorder of London now Lord chief Justice of the Kings Bench Thomas Coventry then Utter Barister now Solicitor General unto his Majesty and Francis Mingay an Utter Barister of the Inner Temple on the behalf of Frances Hanger and by Henry Yelverton then an Apprentice of the Law of Graies-Inn and now Attorney General unto his Majesty and Thomas Crew of the same Inn likewise an Apprentice of the Law on the part of Sir Thomas Waller Likewise it was argued at several times by the Judges of the Kings Bench that is to say first by Sir Thomas Fleming Chief Justice of the Kings Bench Sir Christopher Yelverton Sir David Williams and Sir Iohn Crook and afterwards by Sir Edward Cook Chief Justice of the Kings Bench Sir Iohn Crook Sir Iohn Dodridge and Sir Robert Houghton And Sir Edward Crook Sir Christopher Yelverton Sir David Williams and Sir Iohn Dodridge were of opinion that judgement ought to be given for Frances Hanger against Sir Thomas Waller for they conceived upon the reasons following that no Prisage ought to be paid neither for the Ships that came in after the death of George Hanger nor for the Ships that came in before the death of George Hanger but they all were to be discharged of the payment of Prisage by vertue of the said Charter made by Edward the third unto the Mayor and Commonalty of London First in regard thath these Wines thus in each of the four Ships aforesaid remained notwithstanding the death of George Hanger to be still the Wines of George Hanger for if Frances Hanger the Executrix were to bring an Action for the recovery of them she should bring an Action as for the Wines of George Hanger if Frances Hanger should be wained or attainted of Felony or Treason those Wines should not be forfeited insomuch as they are not the Wines of Frances Hanger but of George Hanger If a Judgement in Debt or other Action should be had against Frances Hanger as Executrix of George Hanger these Wines should be taken in execution as the Wines of George Hanger and so these Wines thus brought in before and after the death of George Hanger continuing as yet the Wines of George Hanger to be recovered as his Wines to be taken in execution as his Wines and to prevent a Forfeiture because these Wines shall be said to be the Wines of George Hanger whereby they may be protected and priviledged from the payment of Prisage within the words intent meaning of the before recited Charter made by King Edward the third which pointeth rather at the Wines then at the person of George Hanger
Secondly in regard that Frances Hanger being the Executrix of George Hanger is the representative person of George Hanger as to these Wines so that such Priviledges and Immunities as George Hanger was to enjoy if he had been living the same shall Frances Hanger have benefit of after his death And therefore notwithstanding Frances Hanger had been a Nun and so a dead person in Law to all intents and purposes yet she being made an Executrix and so the representative person of the said George Hanger shall be enabled to sue and be sued as concerning the personal Estate of the Testator so far as George Hanger himself might sue or be sued And if Frances Hanger being a Neif had been made Executrix now she being the representative person of George Hanger may well enough sue her Lord unto whom she is a Neif Reguardant or any other person whatsoever and the being of a Neif shall not be any disability unto her as to her office of Executrix-ship The same Law would have been if Frances Hanger had been wained and afterwards had been made Executrix for she putting on the person of George Hanger and representing him shall be clothed with the same Priviledges and Abilities as he was and so Frances Hanger being enabled by the common Laws of this Realm to sue and to be sued although she had been a Nun a Neif or a wained person because she represented the person of George Hanger whose Executrix she was shall be likewise capable of this priviledge of the payment of Prisage for the Wines of George Hanger as George Hanger was Thirdly this Charter made by King Edward the third being a Charter only to discharge the Citizens of London of the payment of Prisage and not a Charter whereby the Prisage of the Citizens of London is granted unto others shall have a liberal construction and not be streined unto a special intent as a Patent of charge shall be for it is evident by divers cases in our Books that Frances Hanger being an Executrix shall be taken to be within the remedy of an Act of Parliament to discharge her self of a burden imposed upon her in respect of George Hanger her Testator notwithstanding there was never so much as any mention made of her as Executrix in the Act of Parliament And therefore Frances Hanger being an Executrix shall have an attaint upon the Statute of 23. H. 8. chap. 3. to discharge her self of a false Verdict given against George Hanger whereby his Goods are to be charged and yet she is not named in the Act of Parliament So Frances Hanger being an Executrix shall have a Writ of Errour upon the Statute of 27. El. chap. 8. in the Exchequer Chamber to discharge her self of an Erroneous Judgement given into the Kings Bench against George Hanger whereby his Goods are subject to an Execution Likewise if George Hanger be Out-lawed upon a Writ of Cap. ad satisfaciend awarded upon a Judgement given in Debt or other personal Action against him Frances Hanger as Executrix of George Hanger shall take advantage of a general pardon made by Act of Parliament in the life of George Hanger and shall be suffered to plead it and to give satisfaction of the judgement given against George Hanger whereby she may be enabled to take benefit of the pardon the which being so that Frances Hanger is a person capable to discharge her self of a false Verdict of an Erroneous Judgement of an Out-lawry pronounced against George Hanger her husband where the Statute by precise words doth not relieve her à fortiori shall Frances Hanger in the case at the Bar be enabled to discharge her self of the prisage of these Wines within the Charter of Edward the third Fourthly by the same reason that the Butlarage shall be paid by the Executors or Administrators of an Alien for the Wines brought into England in case where the Alien owner of the Wines do die before such time as the Ships are unladen and way shall not be given to make an evasion to the payment of Butlarge upon an averment that the owner of the Wines is dead before the unbulcking of the Ships so by the same reason prisage shall not be paid for the Wines of George Hanger who dyed before such time as the Ships came in for those Wines shall continue the Wines of the Alien to make his Executors subject unto the payment of Butlarage so these Wines shall remain the Wines of George Hanger to free Frances Hanger his Executrix from the payment of prisage Fifthly there being nothing done in the case at the Bar to prevent George Hanger whereby his Wines should be made uncapable of the discharge of the payment of Prisage within the Charter granted by King Edward the third but only the death of George Hanger before the disburdening and unlading of his Ships and this being only the Act of God which by no power of man can be resisted nor wit prevented shall never turn him to that prejudice that a charge now shall be imposed upon his Wines the which ought not to have been if George Hanger had over-lived the time of breaking the bulk for it is a Maxim held and a principle of the common Lawes of the Realm that the Act of God shall never prejudice in case where there is not any Latches in the party and upon this reason is it that if one that is impleaded hath cause of priviledge because he is the menial Servant of the Lord Chancellour he shall not be prevented of priviledge by the death of the Lord Chancellour but he shall enjoy it that death notwithstanding likewise it would be a great discouragement to the Merchants to hazard their own lives in fighting against the Pyrates and in being upon the Seas when their deaths shall subject them to the payment of Prisage Sixthly in the case at the Bar there are four times to be observed the first of which is the time of the fraughting of the Ships and the sending them out of England beyond the Seas the second is the time of the arrival of the Ships and the unlading and disburdening of them beyond the Seas the third is the time of the lading of the Ships with Wines and the returning of them for England the fourth is the time of the arrival at the Port in England and the unlading of them here and three of these times were passed in the life of George Hadger when he was a member of the City and a Citizen as others are for all the four Ships and part of the fourth time also for two of the Ships for at the time that the Ships were Fraughted and sent out of England to the intent to bring in these commodities George Hanger was a Citizen so when the Ships arrived in the Port beyond the Seas and unladed themselves to receive â—n the Wines for which they went he continued a Citizen Likewise when the Ships
were laden with Wines and returning to the coasts of England the hand of Heaven had not as yet disfranchised him from being a Citizen and member of the City of London And as to two of the Ships the said George Hanger had his abode here until such time as they were in the Port at London safe from being swallowed by the surging waves of the Sea secure from the surprizing of the desparate Pyrates the which being so that three of the four times as to all the four Ships were past during the time that he was a member of the City and also part of the fourth time as to two of the Ships it is reasonable to think that these Ships shall participate of Immunity and Priviledge it be discharged of the payment of prisage which is granted by the Charter made bâ— King Edward the third notwithstanding that the last time was not comâ— before his death and the more especially also because the law hath such regard unto the commencement and beginning of a thing and will have respect unto it notwithstanding that there belong distance of time between the in choation and consummation of it Anâ— therefore where a servant having an intention to kill his Master doth depart ouâ— of his service and long time after his departure out of his Masters service doth kill him that is petty treason in the servant in regard of the retrospect which the Law hath to the first intention of the servant when he was in his Masters service and yet if you respect the time of the murder committed without regard had unto the first time it cannot be petty treason because the servant was out of his service at that time Seventhly it is to be observed that this Charter to be discharged of the payment of prisage granted by King Edward the third was granted unto the Mayor and Commonalty of London which is a body that alwayes continueth and never dieth and so howsoever that George Hanger unto whom as unto a member of that body the priviledge of that Charter is distributed be dead and cut off from that body yet in so much that the body politique of the Mayor and Commonalty unto whom the Charter was made liveth the Priviledge and Immunity of George Hanger to have his Wines discharged of the payment of prisage will live and continue in that body notwithstanding that George Hanger be dead Eightly this Charter being a Charter made for the advancement and good of Merchandize and trading which are as it were the Blood which giveth nourishment unto the politique body of the Kingdome is to have a favourable and benigne construction whereby trading may be the better supported and maintained and the life of the State longer continued and therefore where King Edward the third in the third year of his Reign granted unto the Merchants of Almagne France and Spain that they should come safely and securely with their Merchandize into England and should be free from Pontage Muragâ— and such other Tolles this Grant was allowed to be good and received an exposition according unto the Law oâ— Merchants which is the Law of Nations and howsoever it would not bâ— good by the strict rules of the Common Law because the Merchant-strangeâ— were not a Corporation able to take yet it was admitted sufficient by that Aâ—gem marcatoriam according to whicâ— in some cases of Merchants the Judgâ— of the Common Law ought to give the Judgement wherefore in the case at the Bar this Charter concerning the City of London which is the University of Merchants and this case concerning George Hanger which was a Scholar trained â—â— this in School and had been matriculated in this place the Judge are to fram and give their Judgement so as the Unversity and Scholars of it may receive the better encouragement to proceed and may not be disheartened to diveâ— their courses intended from Merchandiâ—ing and Trading by reason of the striâ— construction of Charters which givâ— unto them Immunities and Privledges Ninthly and lastly this very case received formerly the resolution of three Barons in the Exchequer upon an Information exhibited there by Sir Thomas Waller that Frances Hanger should be discharged of Prisage for the Wines in all the four Ships whereupon Sir Thomas discontinued his Information and exhibited it denove in the Kings Bench whereby he would take the opinion of this Court likewise and there having been former opinion conceived for the discharge of them it is more agreeable with reason to have this opinion confirmed than opposed But Sir Thomas Fleming Sir Iohn Crook and Sir Robert Haughton seemed upon the reasons hereafter ensuing that Judgement ought to be given for Sir Thomas Waller and that prisage ought to be paid by Frances Hanger both for the Wines wich were in the Ships that were arrived before the death of George Hanger as likewise for the Wines which were in the two Ships which were upon the Sea at the time of the death of George Hanger howsoever by way of advice they wished that for the Wines in the Ships which were come home during his life the payment of prisage ought not to be pressed by Sir Thomas Waller First in regard the Charter extendeth only to discharge the Wines of such a person as is a Citizen of London of the payment of prisage and George Hanger being dead and so a Citizen of the heavedly Ierusalem may not be longer said to be a Citizen of London and so not within the compass of the Immunity granred by the Charter Secondly this priviledge to be discharged of the payment of prisage is in respect of the person who is the owner of the Wines and not in respect of the Wines themselves and then there being a remotion of the person unto whom the exemption is tyed there is a remotion of the exemption it self and therefore notwithstanding a Tenant in ancient Demesne be by the Common Lawes of this Realm to be discharged of the payment of Toll in all Faires and Markets yet if the Tenant in ancient Demesne make his Executors and die the Executors for the Goods of the Testator are to pay a Toll in so much that it was only a personal priviledge which dieth together with the person Thirdly this Charter bereaving the King of the payment of prisage which is a Flower of his Crown ought to have a strict construction so as none may take benefit of it but only such as are within the precise words of the Charter wherefore George Hanger being dead and so no more a Citizen of London howsoever the Wines in the Ship may be said to be the Wines of George Hanger to a special intent that is to say for the payment of his Debts and the performance of his Legacies according to his true intendment expressed in his Will yet may they not be said to be the Goods of George Hanger to every intent in so much that Frances Hanger the Executrix hath
say it is a duty before such time as the Merchant can assure himself they are his Wines to dispose insomuch that before the coming into Harbour they may be swallowed up by the Seas or he may be dispoiled of them by Enemies unto the King or Rebels unto the State And if the Law should determine the duty to the King when the Ships are safely in the Harbour there might a great inconvenience ensue upon this Judgement because it may very well be that their course was intended to another place and they were driven in there only by misadventure and it would be mischievous to have the Ship rifled and their Wines disordered before they had attained unto the intended Haven Thirdly this opinion is consonant unto the Judgements in former times for it was ruled in the case of one Kenniston and Boggius in the fifth year of his Majesties Reign that now is that prisage shall not be said to be due until such time as the Bulk be broken and the Ship unladen And likewise there is a Record by which it appeareth that the King is to have Prisage of every Ship bringing VVine into England and unladen thereof so as if it be not unladen then the King by that Record is not to have Prisage Besides it appeareth by the Record concerning the payment of Butlerage by the Merchant Aliens that the King is to have there two shillings of them for every Tun within fourty dayes after the unlading so as the Law pointeth at the unlading wheresore this Prisage differing only because the VVines are paid in specie it shall be an Argument thus far to perswade that the Law will not appoint the time of taking the Wines in specie before the unlading when it giveth for the payment of the two shillings until sourty dayes after the unlading Fourthly it was resolved that howsoever Prisage of Wines is a Flower of the Crown yet is it not such an inseparable Flower of the Crown but that it may well enough be granted over for it is a matter of profit and benefit which is to redound unto the King and it is not of the nature of a Purachans meerly for that it is inseperably annexed in privity unto the person of the King that it may not be granted over And accordingly it was resolved in the case of Sir Thomas Vavasor who married one of the Daughters of Alderman Houghton who had a Grant of the Prisage made unto him And in the 15. of E. 4. in the Patent-Rolls it appeareth that one Fitzherbert had a Grant made unto him and by the same reason that a Grant may be made of Prisage à fortiori may there be a Grant made unto certain persons to discharge them of the payment of it for it is easier to make one capable in point of discharge than by way of Grant and the Charter made to the Merchants Strangers for the discharge of the payment of Prisage And the Statute of 1. H 8. cap. 5. sheweth that a Charter made for the discharge of Prisage is well and allowable Fifthly this Grant made unto the Mayor and Commonalty and their Successors Quod de vinis civium nulla prisa fiat is good enough and the grant may well enough be made unto a body politique and the benefit of the Patent distributed unto a body natural for Patents of that nature are usual in the year-Book of the Common Laws of this our Realm and never any exception taken unto them when there hath been less warrant in reason to make them good then there is for this our Patent which we have here in hand For the City of London being the Metropolitan City of this Land the which may well be called the Heart and Epitome of the whole Realm and the Chamber of the King the Merchants whereof do fill the Coffers of the Prince by their customes and do supply the Subjects of his Majesty with all manner of necessaries do encrease the honour of their Nation by their Commerce and Traffique abroad and do strengthen the whole body of it by shipping which are termed the wooden Walls It is reason that all Charters made in their favour and giving them Immunities and Priviledges should receive a benigne interpretation and the more especially also because at this time all Merchants strangers had a Charter of discharge for the payment of prisage but only that they were to pay two shillings in the Tun and so if the Merchants of London should not have had a Charter of discharge they would have been discouraged from trading for Wines because the Merchants strangers would have been able to have afforded their Wines at easier rates because they were freed of some part of that charge which the English Merchants were burthened with Sixthly as to the Declaration what persons shall be discharged of the payment of prisage within the words of this Charter it will be the better manifested by shewing the destinctions and degrees of Citizens which are to be found for there is mention made of five manner of Citizens The first of which is he that is a Citizen of London for the bearing of offices in the City and such special intents because he is a Freeman of the City but he is not a Citizen in residency and continuance in the City for he inhabiteth and dwelleth out of the City and such a Citizen as this is not such a Citizen as shall enjoy the benefit and priviledge to be discharged of the payment of prisage according to the resolution given in the Exchequer in the Case of one Knolls Trin. 4. H. 6. Rot. 14. where it was ruled that one that was a Citizen and Freeman of London but dwelt in Bristol might not partake of the benefit of this Charter insomuch that he by reason of his dwelling out of the City was only a Citizen to a special intent The second sort of Citizens are those which are Citizens in respect of their Freedome and likewise in regard of residence within the City but are not such Citizens as do keep a Family and Houshold within the City but are Inmates and Sojourners and they do harbour themselves under the Roof of another and a Citizen of this nature is not a Citizen which is capable of the Immunity granted by this Charter for the discharge of payment of prisage according to the resolution given in the Exchequer in the case of one Snead and Sacheneril Hill 43. Eliz. Rot. 22. for such a Citizen is not subject to Scot and Lot as he that is a housholder Et qui non sentit onus sentire non debet commodum The third sort of Citizens are those which do inhabit reside and keep a Family in the City but they are not Freemen of the City so as they may be chosen in any office and undergo the charge of the City and as well as the Common Law doth exclude such Citizens for devising Lands in Mortmaigne
unto the Guild of the City according to the custome of the City of London as appeareth by divers Book-Cases as well shall the Common Law exclude them from enjoyning the benefit of the Charter to be discharged of the payment of prisage The fourth sort of Citizens are those which are both Citizens and Freemen and do reside and keep family in the City of London and they are not continuing Citizens at such time as the Bulk is broken and the Ship unladen for they were disfranchised before These Citizens likewise shall not enjoy the exemption granted for the discharge of the payment of Prisage insomuch that they were not continuing Citizens at that time as the prisage ought to be taken The fifth sort of Citizens are those which are both Citizens and Freemen and have their families and dwelling in London and do continue Citizens at such time as prisage ought to be taken Now Citizens of this kind are the real proper and natural Citizens intended by this Charter which are to be discharged of prisage and therefore a Woman which is a Citizen of this kind howsoever she cannot bear offices in the City as a Citizeâ— is yet intended by the Charter And yet also in some cases Citizens of this kind shall not be intended within the words of this Charter and therefore if the Mayor and Commonalty have a joynt Stock of Wines come into the Port of London now prisage shall be taken of these Wine not withstanding that every of them in their proper persons Citizens both residentiâ familiâ and continuatione for respect is not to be had to their natural bodies but to their politique body in which capacity the Charter will not extend to them So if one at the time that he fraughteth a Ship be not a Citizen in all the degrees now howsoever afterwards before the return of the Ship he be enabled in every respect yet he shall not enjoy the benefit of the Charter insomuch that he was not so at that time that the Ship was sent abroad Seventhly and lastly what Wines shall be discharged of the payment of prisage it will better appear by the consideration had of the several kinds of properties and therefore he that shall have his Wines discharged of prisage ought to have a property in them quarto modo that is sibi solùm semper and also he ought to have jus possessionis and jus proprietatis and the one without the other will not serve the turn and therefore if a Citizen and Forreigner be joynt Merchants for Wines now the Wines of these joynt Merchants shall not be discharged of the payment of prisage insomuch that the Citizen hath not a sole property in them and it may not be distingnished which of the Wines belong unto the Citizen and which to the Forreigner because of their joynt interest But if two Citizens be joynt Merchants or Tenants in common of Wines now these Wines shall be within the compass of the Charter to be discharged of prisage because they are the Wines of the Citizens of London according to the words and intent of the Charter howsoever neither of them have a sole interest and property in them And if a Citizen and Freeman of London hath Wines pledged unto him by another Citizen and Freeman Now these Wines upon their coming home shall not be discharged of the payment of prisage insomuch that the Citizen hath only a special property in them and not any absolute property So if a Forreigner that hath fraughted Ships beyond the Seas for the bringing of Wines into England doth make a Citizen of London his Executor and die and the Ship cometh into the Port now these Wines thus in the custody of the Citizen shall not be discharged of the payment of prisage for as much as the Citizen hath only a property in the Wines to the use and behoof of the Forreigner and hath not any absolute property in the Wines And if one Citizen of London that hath Wines abroad coming into England do make a Forreigner his Executor and dieth and this forreign Executor doth imploy the Stock that cometh of these wines so returned home after the death of him that set them forth and Wines are returned home now howsoever these last Wines so returned into England are Assets in the hands of the Executor and in Appellation are the Goods of the first Citizen yet they are such Wines as are capable of the discharge of prisage within the words of the Charter because these Wines came in as it were upon a new contract And if a Citizen do buy Wines with an intent that a Forreigner upon their coming home shall have these Wines now these Wines shall not be discharged of prisage and this deceit of buying them by a Citizen shall not any wayes avail him no more then if a Citizen buy Cloth in London for a Forreigner he shall defeat the custome of Forreign bought and Forreign sold to avoid the Forfeiture of them So the Wines which a Forreigner buyeth of a Citizen or that a Citizen buyeth of a Forreigner shall not be discharged of prisage within the words of the Charter because they were not the Wines of a Citizen alwayes from the time of the lading of them until the time of the unlading of them as they ought to be The case concerning repairing of Wharfes and Docks Termino Sancti Mich. Anno Regni Jac. Regis 7. in the Kings Bench. COrnelius Fish Chamberlain of London distreined the Goods of one Walter Keate for a pain assessed by the Common Councel of London and all the matter appeared upon the return of the Sheriffs of London which was very long but to this effect They returned the Usage and Power and Custome of the City of London to make By laws by their Common Councel and that Puddle-Dock neer Pauls-Wharfe was an ancient place for lading and unlading of Ships Boats and Lighters and that it was in decay and that for reparation of it it was ordained that every Ship that should be loaden and unloaden there should pay a peny for every load and that every Carman for every load which he should carry from thence shoul pay a penny and that the said Walter Keate had carried divers load wâ—ich according to the rate of one penny for every load did amount to the value of ten shilling and that the City did grant this Assessment to the Chamberlain in recompence of the charges which â—e should expend about the said reparations and upon this Certificate a Procedendo was wayed and it was alledged that â—his By law being for the benefit of the City was good by Law and ought to be obeyed and so it came to be debated Yelverton Henry prayed that no Procedendo might be granted because the return and the matter of it is against the Common Law the Weal â—ublique and against the Liberty of the City it self By the Councel Sexto Iacobi it was ordained
King Edw. the 3. bereaving the King and Commonwealth of these great benefits and commodities is against the Law and so ought to be repealed And day was given accordingly to put in their Plea At which time many of the old Merchants-Adventurers being willing that trial should be made whether the benefit intended unto the Commonwealth might be compassed did shew to their obedience unto the King and desire of the good of their Country Surrender up their Patent into the hands of his Majesty since which time it being found by experience that the project had not that success which they expected and likewise Cloth and Wooll lay dead because there was no vent for them abroad The King according to his power reserved unto him in his Patent by which he erected and created the new Company of Merchants Adventurers of London did make repeal and revocation of the said New Patent and new Company and did redeliver unto the old Merchants their Patent confirming it and likewise by another Charter did enlarge the Liberties and Priviledges of the old Merchants by reason of which Grace of the King the old Company of Merchants-Adventurers of England are reestablished in that estate wherein they formerly were and they do now trade again as formerly they did to the great content of the Subject and benefit of the King and Country Certifying Indictments upon Certioraries IOhn Forner Iohn Evans and divers others being Indicted before Sir Thomas Hayes Lord Mayor of London Sir Henry Mountague Serjeant unto the King and Recorder of London Sir Thomas Lowe and divers others by vertue of a Commission granted unto them a Certiorari was directed unto them as Justices of Peace out of the Kings Bench for the certifying the said Indictment upon which Certiorari no return was made whereupon a second Certiorari was awarded unto the said Commissioners commanding them to certifie the said Indictment upon a pain upon which Certiorari a return was made in this manner That is to say that King H. 6. in the 23. year of his Reign by his Letters Patents bearing the same date did grant unto the Mayor Aldermen and Sheriffs of London that they should not be compelled upon any Writ directed unto them to certifie the Indictments themselves taken before them but only the Tenors of them the which they have done accordingly and Exception being taken unto this Return for the insufficiency of it it was resolved by Sir Edward Cook Chief Justice of the Kings Bench Sir Iohn Crook Sir Iohn Doddridg and Sir Robert Haughton that the return upon the reasons hereafter following was insufficient For first the Letters Patents being granted unto them by the name of the Mayor Aldermen and Sheriffs of the City of London warranteth only the not certifying of Indictments taken before them as Mayor Aldermen and Sheriffs of London and where the Writ is directed unto them by that name and they do not excuse them in Case where the Writ is directed unto them as Justices of Peace and where the Indictments are taken before them as Justices of Peace by virtue of the Kings Commission And howsoever the Mayor and Aldermen are Justices of Peace by Charter yet insomuch that they are distinct powers return made by them by the name of Mayor and Aldermen where the Writ is directed unto them as Justices of Peace will not be good Secondly there being a Resumption made by Act of Parliament in 28. H. 6. whereby all Lands Tenements Grants Rent and Fees granted since the first day of his Reign were resumed the Letters Patents made in 23. H. 6. unto the Mayor and Commonalty are annihilated and made void and so no hold may be taken of them and the Statute made in 1. Edw. 4. cap. 1. only confirmes those priviledges not heretofore revoked and repealed by Act of Parliament or otherwise and howsoever there be a Charter made by H. 7. in the first year of his Reign whereby restitution was granted of this priviledge yet no advantage may be taken of it because it was not spoken of upon the return and the Court may not intend it Thirdly the Letters Patents of the King being the sole ground and foundation to make the return good are not sufficiently returned unto the Court insomuch that it was said upon the return only that the King by his Letters Patents did grant unto the Mayor Commonalty and Sheriffs of London that they should not be compelled to certifie the Indictments themselves but it doth not appear that they were sealed with the Grand Seal and if they were not sealed with that Seal the Letters Patents may not be of any validity in Law howsoever they were sealed with the Exchequer Seal or Dutchy Seal in respect of which they may well be called the Letters Pattents of the King Fourthly the use hath alwayes been to remove Indictments and the Record of them upon a Certiorari awarded out of the Kings Bench and there was never any denial made of it before this time and in 5. Ed. 6. where a Certiorari was directed unto them for the removing of an Indictment of a Woman which was Indicted for being a common Whore the Indictment was certified in obedience unto the Writ although in the end of the return they shewed their Charter and prayed that it might be remanded because it was an Indictment only warrantable by the custome of the City and not by the Common Law And the Court was of opinion in the return at the Bar to have imposed a Fine and to have awarded a third Certiorari but it was stayed and the second return was amended Concerning Orphans Portions THe custome of London is that if any Freeman deviseth and or other Legacies of goods unto an Orphan that then the Mayor and Aldermen have used to take the profits of the Land and to have the disposition of the Legacies until such time as the Legatees shall attain unto the age of twenty one years or otherwise being a woman should be married and if the disposition of the profits of the Lands or of the personal Legacies were declared by the Testator in his Will that then the Mayor and Aldermen have used time out of mind of man to convent the person trusted by the Will of the Testator before them and to compel him to find Sureties for the true performance of the Legacies according to the Law of the Realm and the Will of the Testator and if they refuse to find Sureties then it is lawful to imprison them until they find Sureties The Widow of a Freeman of London dwelling in Middlesex bequeathed a Legacy of a thousand pound unto her Daughter after all Debts and Legacies paid and upon condition that she should not marry without the assent of her Executor and maketh a Freeman her Executor and dieth The Executor is convented before the Court of Mayor and Aldermen and required to put in Sureties unto the Chamberlain of London according to the
the Parish of Grace-Church street London for which house a rent of five pound yearly hath been reserved time out of mind in the third year of the King that now is by Indenture doth make a Lease for five years unto one Withers of part of the House and of the Shop rendring the Rent of five pound by the year at the four usual Feasts that is to say at the Feast of the Annuciation c. by even and equal portions And in the same Indenture it is further covenanted and agreed that Withers the Leassee shall pay unto Burrel the Leassor a hundred fifty pound in name of a Fine and Income the which said hundred and fifty pound is to be paid in manner and form following that is to say thirty pound yearly and every year during the said term at the four usual Feasts by even and equal portions the term of five years expired the said Burrel in the tenth year of the said King by Indenture maketh a new Lease for the term of seven years of the said part of the house and the Ware-house unto one Goff rendring the rent of five pound by the year at the Feast of S. Michael the Archangel and the Annunciation of the Blessed Virgin Mary by even and equal portions And in the same Indenture it is further covenanted and agreed that Goff shall pay unto the said Burrell 175. l. in the name of a Fine and Income in manner and form following that is to say twenty five pound yearly during the said teâ—m at the said two usual Feasts by even and equal portions Dunn Parson of Grace-Church exhibiteth his Petition unto the then Lord Mayor of London against the said Burrel and Goff wherein he supposeth that Tythes are paid unto him only according to the rate of five pound by the year where in truth he ought to have an allowance according unto the rate of thirty pound by the year The Lord Mayor by the advice of his Councel doth call the said Burrell and Goff before him and upon full hearing of the said cause doth order the pâ—yment unto Dunn according unto the rates of five pound by the year and not according to the rate of thirty pound by the year whereupon the said Dunn doth exhibit his Bill of Appeal unto the Lord Chancellour of England in the Chancery wherein he doth make a recital of the Decree made and established by Act of Parliament in 37. H. cap. 12. and also of the case special as it standeth charging the said Goff and Burrell with a practice of fraud and covin in the reservation of this twenty five pound by year by way of Fine and Income and defrauding him of that which belonged unto him The said Goff and Burrell do make their answer and shew that the rent of five pound by the year is the ancient rent reserved and that they are ready and have often tendred the payment of their Tythes according to that proportion but it hath been denied to be accepted and they do take a traverse unto the fraud and covin wherewith they stand charged And upon this answer Dunn the Parson demurreth in Law And this case was first argued in the Chancery by Sir Francis Moor Serjeant and Thomas Crew on the behalf of Dunn and by Sir Anthony Benn late Recorder of London and Iohn Walter on the part of the Defendants The Lord Chancellour having called Sir Henry Mountague Cheif Justice of the Kings Bench Sir Henry Hobart Chief Justice of the Common Pleas Sir Iohn Doddridg one of the Justices of the Kings Bench and Sir Richard Hutton one of the Justices of the Common Pleas to be his Assistants and after two Arguments heard on each side in the Chancery upon Suit made to the King by Sir Francis Bacon then Lord Chancellour of England a special Commission was granted unto Thomas Lord Archbishop of Canterbury Sir Francis Bacon Lord Chancellour of England Thomas Earl of Suffolk late Lord Preasurer of England Edward Earl of Warwick Keeper of the Privy Seal William Earl of Pembrook Lord Chamberlain of the Kings houshold Iohn Bishop of London Bishop of Eli Sir Henry Mountague Sir Iulius Caesar Master of the Rolls Sir Iohn Doddridg and Sir Richard Hutton wherein there was a special recital of the question and cause depending between Dunn on the one part and Burrell and Goff on the other part and power given unto them for the hearing and determining of this cause and likewise for the mediating between the Citizens of London and the Parsons of the several Parishes and Churches in London and making an arbitrary end betwixt them whereby a competent provision may be made for the Ministers of the Churches of London and too heavy a burthen may not beimposed upon the Citizens of London with a command further that they shall certifie the King what was done in the premises And this Commission was sat upon at York-house where the case was argued at several times by Sir Randal Crew and Sir Henry Finch Serjeants of the King on the part and behalf of the Ministers of London and by Sir Henry Yelverton Attorney of the King and Sir Thomas Coventry Solicitor of the King on the behalf of the Citizens of London and because the main Question remained as yet undetermined and no resolution is given either in point of Law nor Arbitrary end by way of mediation I shall only open the parts of the case and make a summary report of them without further debate of them The Case divideth it self into six parts that is to say First whether any thing can be demanded by the person for houses in London according to the course of the Common Law Secondly whether custome can establish a right of payment of any thing unto the Parson for houses and of what nature the payment established shall be Thirdly what was anciently payable by the Citizens of London for their houses unto the Ministers of London and how grew the payment Fourthly whether this twenty five pounds reserved upon a covenant by way of fine and income be a rent within the words of the Decree made 37. H. 8. cap. 12 Fifthly whether this reservation of twenty five pounds by the year by way of fine and income shall be adjudged to be a rent within the intent and meaning of the Statute an Decree or no Sixthly who shalâ— be Judge of the Tithes for houses in London and the remedy for the Parson in case that payment be not made unto him according to the Decree As to the first part which is whether by the Common Law any thing can be demanded for the houses in London It is to be agreed and clear that nothing can be demanded For that which the Parson ought to demand of houses is Tythes and it is improper and cannot be that Tythes can be paid of houses First in regard that houses do not increase and renew but rather decrease for want of reparations and
Tythes are not to be paid of any thing but such things as do increase and renew as it appeareth by the Levitical Law and the Common Law of the Land Secondly houses are matters of inheritance whereof a praecipe lieth at the Common Law And the rent reserved upon a Lease made of them is likewise knit unto the inheritance and parcel of it so that it shall go along unto him that hath the inheriritance and therefore shall descend unâ—he Heir and it is a rule in Law that Tythes are not to be paid of part of the Inheritance but they ought to be paid of such things as renew upon which reason it is that Tythes by the Common Law of the Land are not to be paid of Slate Stone and Cole digged out of the Pit Thirdly houses being built only for the receiving habitation and dweling of men and for conveniency of protection against the scorching Heats in Summer and tempestuous Storms in Winter without any profit at all redounding unto the owner And the Parson being to have a benefit otherwise in the payment of personal Tythes arising through his industry in the house no Tythes can be demanded for the houses themselves or for the rent reserved upon them Fourthly the Decree made 38. H. 8. which exempteth the houses of Noblemen from the payment of any rate-Tythes sheweth the Common Law to be so that houses of themselves are to be discharged of the payment of Tythes and accordingly it hath been adjudged in divers cases hapning at the Common Law that Tythes by the course of the Common Laws may not be demanded for houses but they are to be discharged As to the second point which is whether custom can establish a right of payment of any thing unto the Pason for houses It is clear that it may well enough for it may well be that before such time as any house was built upon the ground where the house stood there had been a summe of money paid for the profits of the ground in the name of a modus decimandi and so howsoever the house is built upon the ground yet the modus continues and is not taken away by it and so there being a continuance of payment of the modus after the building of the house time hath made it to be a payment for the house But this payment is to be termed a modus decimandi and cannot be well called a Tithe paid for houses because as it is formerly said Tithes may not be paid for houses and all this appeareth by Doctor Grants case in the eleventh Report As to the third point which is what was anciently paid by the Citizens of London unto the Ministers of London and how the payment grew It appeareth by the Records of London that Niger Bishop of London 13. H. 3. made a Constitution in confirmation of an ancient custome formerly used time out of mind that provision should be made for the Ministers of London in this manner that is to say that he which payeth the rent of twenty shillings for his house wherein he dwelt should offer every Sunday and every Apostles day whereof the Evening was fasted one half-penny and he that paid but ten shillings rent yearly should offer but one farthing and all this amounted unto but according to the proportion of 2. sh 6. d. per pound for there were fifty two Sundayes and but eight Apostles dayes the Vigils of which were fasied And if it chanced that one of the Apostles dayes fell upon a Sunday then there was but one half-penny or farthing paid so that sometime it fell out to be less by some little then 2. sh 6. d. per pound and it appeareth by our Book-cases in Edward the third his Reign that the provision made for the Ministers of London was by offerings and obventions howsoever the particulars are not designed there but must be understood according to the former Ordinance made by Niger and the payment of 2. sh 6. d. in the pound continuing until 13. K. Ric. 2. Thomas Arundel Arch-Bishop of Canterbury made an explanation of the constitution made by Niger and thrust upon the Citizens of London two and twenty other Saints days then were meant by the constitution made by Niger whereby the Offerings now amounted unto the summe of 3. sh 5. d. per pound against which explanation there being some reluctation by the Citizens of London Pope Innocent in 5. H. 4. granted his Bull whereby the former explanation was confirmed which confirmation notwithstanding the difference between the Ministers and Citizens of London about those two and twenty Saints dayes which were added unto their number Pope Nicholas by his Bull in 31. H. 6. made a second confirmation of the explanation made by the said Arch-Bishop Against which the Citizens of London did contend with so high a hand that they caused a Record to be made whereby it might appear in future Ages that the Order of explanation made by the Arch-Bishop of Canterbury was done without calling the Citizens of London unto it or any consent given by them And it was branded by the name of an Order surrepritiously and abruptiously gotten and therefore more fit to have the name of a destructory then a declaratory Order the which contending notwithstanding as it seemeth the pain was most usually made according unto the rate of 3. sh 5. d. in the pound for Linwood who writ in the time of K. H. 6. in his Provincial Constitutions debating the question whether the Merchants and Artificers of the City of London ought to pay any Tythes sheweth that the Citizens of London by an ancient Ordinance observed in the said City are bound every Lords day and every principal Feast-day either of the Apostles or others whose Vigils are fasted to pay one farthing for every ten shillings rent that they paid for their houses wherein they dwelt and in 36. H. 6. there was a composition made between the Citizens of London and the Ministers of London that a payment should be made by the Citizens according unto the rate of 3. sh 5. d. in the pound and if any house were kept in the proper hand of the owner or were demised withoutreservation of any rent Then the Churchwardens of the Parish where the houses were should set down a rate of the houses and according unto that rate and payment should be made After which composition so made there was an Act of Common Councel made 14. E. 4. in London for the confirmation of the Bull granted by Pope Nicholas But the Citizens of London finding that by the Common Lawes of the Realm no Bull of the Pope nor Arbitrary composition nor Act of Common Councel could bind them in such things as concerned their inheritance They still wresiled with the Clergy and would not condesâ—end unto the payment of the said elevenpence by the year obtruded upon them by the addition of the two and twenty
Saints days whereupon there was a submision unto the Lord Chancellour and divers others of the Privy Councel and they made an Order for the payment of Tythes according unto the rate of 2. sh 9. d. in the pound the which Order was first promulgated by a Proclamation made and afterwards established by an Act of Parliament made 17. H. 8. cap. 21. in confirmation of which said Order there was a Decree made 37. H. 8. with some further additions the which said Decree was confirmed by an Act of Parliament made 37. H. 8. cap. 12. So as it appeareth by that which hath been formerly said that the first payment was only according unto the rate of 2. sh 6. d. per pound afterward the payment was increased to the rate of 3. sh 5. d. per pound and lastly there was an abatement and payment made only according to the rate of 2. sh 9. in the pound The first payment grewby Custome the second by Constitutions and Bulls of the Pope the last by Decree in the Chancery As to the fourth part which is whether this twenty five pounds per annum reserved by way of sine and income be a rent within the words of the Decree or Statute or not It was clearly agreed and resolved that it was not a rent For it may not be said either a rent-service rent-charge or rent-seck and there are only three manner of Rents Et argumentum à divisione fortissimum Secondly it hath not the properties and qualities of a Rent for it shall not be incident to the reversion of the house to pass or descend with it it shall not be extinguished by the purchase of the house not suspended by an entry in the house nor apportioned by an eviction of part of the house Thirdly the party himself in his Indenture of Lease hath called it a Fine and Income and hath expressed the days of payment for it as a Fine and Income and therefore now it may not well be said to be a rent either in the judgement of the Common Laws or Ecclesiastial Laws or in common accepration As to the fifth part which is whether this twenty five pounds by the year thus reserved upon a Covenant by way of Fine and Income be a rent within the intent and meaning of the Decree made 37. K H 8. cap. 12 It was conceived by those that argued on the behalf of the Ministers of London upon the reasons hereafter following that the reservation of twenty five pounds by the year by way of Income was a rent within the meaning of the Decree and that the Plaintiff ought to have the rate-Tythes paid unto him according to the proportion of thirty pounds by the year and not according unto the rate of five pounds by the year only First in regard that this Fine being profit which ariseth by reason of the house and being payable at the same times that the first five pounds which without question is a rent is payable and upon the same conditions may well be said a rent both out of the Etymology of the word by common acceptation of the thing by the judgement both of Common Laws and of the Laws of the Church and so is a rent within the intent of the Decree and the nameing of it a Fine or Income shall not cause an evasion out of the Law Secondly this Decree and Act of Parliament being made for the avail of the Church and setling of the revenue thereof shall have as liberal construction to give life unto the true intent and meaning of it as may be and the slight of payment of it as a gross sum by way of Fine and Income upon a Covenant made by Goff the Leassee shall not defeat the good provision made by the Decree Thirdly this 2. sh 9 d. in the pound being the labourers hire and given him in satisfaction and recompence of all manner of Tythes either personal predial or mixt the Decree made concerning it ought to be extended and enlarged so far as by reasonable exposition it may and is not any wayes to be restrained whereby to give way to any cautelous provision made by the party Fourthly the Common Law and Statutes having all with one voice condemned fraud covin and deceit used in any manner of kind or way and bandying themselves against it whereby to extirpate and root it out of the hearts of all and to prevent it from being put in Ure in the actions of any man It is great reason in this case which concerneth God the Church Religion and Learning to suppress all manner of Acts which may any way have a taste or touch of fraud Wherefore this Fine or Income thus reserved by way of Covenant having the appearance of fraud shall be taken to be a rent within the intent and meaning of the Decree and way shall not be given to this device whereby to defeat the Church and Ministers of it of their due But those that argued on the behalf of the Citizens of London were of opinion that this Fine and Income was not within the intent and meaning of the Decree for the Decree being that the Citizens and Inhabitants of the City of London and Liberties of the same for the time being shall yearly for ever without fraud or covin pay their Tythes to the Parsons Vicars Curates of the said City and their Successors for the time being after the rate hereafter following that is to wit of every ten shillings rent by the year of all and every House and Houses Shops Warehouses Cellars and Stables within the said City and Liberty of the same sixteen pence half-penny and of every 20. sh rent of all and every such House and Houses Shops Waâ—houses Cellars and Stables within the said City and Liberties 2. sh 6. d. and so above the rate of twenty shillings by the year ascending from ten shillings to ten shillings according to the rate aforesaid And where any Lease is or shall be made of any dwelling house or houses shops warehouses cellars or stables or any of them by fraud or covin reserving less rent then hath been accustomed or is or that any such Lease shall be made without any rent reserved upon the same by reason of any Fine or Income paid before hand or by ay fraud or covin that then and in every such case the Tenant or Farmer Tenants or Farmers thereof shall pay his or their Tythes of the same according to the quantity of such rent or rents as the same house or houses shops warehouses cellars stables or any of them were last letten without Fraud or Covin before the making of such a Lease It appeareth that the Decree aimeth at a rent and not at a Fine or Income for within the words above mentioned it appeareth that there is a difference and distinction made between a Fine and an Income and the intent of the maker of the Decree is best drawn and understood by the
words of the Decree wherefore the Party Leassee having expressed himself that this twenty five pounds by the year shall be paid in name of a Fine and Income And the Decree it self shewing that by reason of a Fine or Income less rent is reserved it may not be said that this twenty five pounds by the year shall be a rent within the meaning of the Decree when there is a rent of five pounds also reseserved beside this Income Secondly this Decree made in 37. H. 8. being penal unto the Citizens of London because it inflicteth imprisonment upon him upon his non-payment of his Tythe according to the rent reserved and being also in advantage of the Ministers of London because by vertue of this Decree the Minister is to have according to the rate of 2. sh 9. d. in every twenty shillings where anciently he had but 2. s. 6. d. it is no reason to extend it by equity and to construe that to be a rent within the intent and meaning of the Decree which of it self is a Fne or Income Thirdly there never hauing been above the rent of five pounds by the year reserved upon any Lease made it cannot be taken to be any covin or collusion When the ancient rent is reserved insomuch that now so much as the Law requireth is done and besides where the Common Law or Statute Law shall take notice of a Fraud it ought to be in case where the thing in which the Fraud or deceit was supposed is formerly in being for a Fraud may not be committed to a person or thing not in being Fourthly it is to be reserved so that if no rent at all had been reserved there might not any more have been demanded but only according to the rate of the rent which was last reserved for the houses wherefore the ancient rent of 5. l. being here reserved it cannot be that within the intent and meaning of the Decree there can be more rate-Tythes demanded then according to that rent And besides the very words of the Decree intimates that there is no fraud within the meaning of the Decree but only where by reason of the Fine or Income there is not rent at all reserved or a less rent then was anciently reserved wheresore in the Case at the Barre the old rent being reserved there may be no fraud at all As to the sixth and last part which is who shall be Judge of the payment of Tythes for houses in London and the remedy for the recovery of them It is apparent out of the words of the Decree that the Mayor of the City of London is Judge and is to give order concerning them and Suit is not to be made in the Ecclesiastical Court for them and if it be a Prohibition is to be granted insomuch that the party grieved resorteth unto another Judge then the Statute hath appointed But if the Mayor do not give aid within two moneths after complaint made or do not give such aid as is fitting then resort is to be made unto the Lord Chancellour of England who hath three moneths given him for ending of the said Cause Whereunto is annexed divers ANCIENT Customs AND USAGES Of the said City of LONDON Newly Re-printed LONDON Printed for Abel Roper at the Sun against St. Dunstans Church in Fleet-street 1670. DIVERS ANCIENT CUSTOMS AND USAGES OF THE City of LONDON IN Plato Ferre in Hustings London viz. That all the Lands Tenements and Hereditaments Rents and Services within the City of London and the Suburbs of the same are pleadable in the Guild-Hall within the said City in two Hust of which one Hust is called Hust of a Plea of Land and the other Hust is called Hust of Common Pleas and the said Hustings are kept in the Guild-Hall before the Mayor Sheriffs and other of the said City every week upon Munday and Tuesday that is to say Munday to enter demands and to award Non-Suits and allow Essovnes and on Tuesday to award defaults and to plead saving at certain times and Festival dayes and other reasonable causes on which times no Hust may be kept by Custome of the said City Nota quod Hust of Pleas of Land must be kept one week apart by it self and the Hustings of Common Pleas one week by it self at the said days yet the Inrolements of the said Hust make mention only of Munday Hust of Pleas of Land IN Hust of a Plea of Land are pleaded Writs of Right Patent directed to the Sheriffs of London in which Writs there are such process by custome of the said City viz. The Tenant or Tenants at the first shall have three Summons to the Tenants delivered at three Hust of Plea of Land next following after the livery of the Writ not demanding the Tenants at any the Hust aforesaid And after the three Summons ended three Essoynes and other three Hust of Plea of Land then next following and at the next Hust after that three Essoyns if the Tenants make default Process shall be made against them by Grand Cape or Petit Cape after appearance and other Process as at the Common Law And if the Tenants appear the Demandants shall declare against the Tenants in nature of what Writ they will except certain Writs which are pleadable in the Hust of Common Pleas as shall hereafter be shewed without making protestation to sue in nature of any Writ and the Tenants shall have the view and shall be Essoyned after the view at the Common Law And shall also have the Tenants Essoyned after any appearance by the custome of the City And although one such Writ be abated after view by exception of Joyntenants or other exception dilatory and although the same Writ be restored the Tenants by the custome of the said City shall have the view in the second Writ notwithstanding the first view had And if the parties plead to Judgement the Judgement shall be given by the mouth of the Recordeâ— and six Aldermen had wont to be present at the least at every such Judgement given and every Beadle by advise of his Aldâ—â—man against every Hust of Pleas of Land shall cause to be summoned twelve men being Freeholders of the best and most sufficient of his Waâ—d to come to the Guild Hall to pass an Enquest if need be if there be so many men of heritage within the same Ward And if the parties pleading come to an Enquest then shall the Enquest be taken of landed men being Freeholders of the same Ward where the tenements are and of other three Wards nearest adjoyning to the place where the Terants are so that four men of the same Ward where the Tenants are shall be swoâ—n in the same Enquest if there be to mary And no damages by the custome of the City are recoverable in any such Writ of â—ight Patent And the â—â—quesâ— may pass the same day by such common summons of the Beadle if the parties be at Issue and the Juiors do
after the delivery of the Bill shall make Summons to the Tenants demand by witness of two Free holders men of the City that they be at the Guild Hall the Saturday next following to see the Recogniâ—ance if they will against which Saturday the Defendant may sue the next Friday before together and summon the Jury and so afterwards against the Saturdayes from fourteen dayes to fourteen dayes at his will and so may the Tenants sue if they will for their celiverance and the gathering of the Pannels of such Juries shall be done by the Sheriffs and their Ministers or by the Mayor and Aldermen if any of the parties will require it upon any reasonable cause in such sort as is used in Assize of Fresh-force and in such Assizes of Mort d'ancest the parties may be assigned as at the Common Law and the Tenant may vouch to warrant within the City and also in Forreign County if the Vouchee have no Lands within the City and if the Tenants plead release bearing date in Forreign County or other Forreign matter that cannot be tryed within the City or that the Vouch to warrant in Forreign Counties he that hath nothing within the City then at the Suit of the party shall cause the Record to come into the Kings County by Writ directed to the Sheriff and Coroner and there shall such Forreign Pleas and Forreign Vouchers be tryed and determined and sent back again to the said Sheriffs and Coroners to go forward and proceed according to the custome of the City and continuance shall be made in such Assizes upon the causes proceeding and upon other causes reasonable and when the Assizes shall be determined and Judgement given then the same Assizes shall be ingrossed and entred upon Record by the said Sheriffs and Coroners and afterward sent to the Guild-Hall to remain there of Record according to the Order of Assize of Fresh-force hereafter following Assizes of Novel Disseizen called Fresh-force in London THe Assizes of Novel Desseizen called Fresh force of London and Tenements and Rents within the City of London of Disseizins made within 40. weeks are holden and determinable before the two Sheriffs and the Coroner of the said City in common every Saturday in the Guild-Hall except certain times wherein the Assize cannot be holden for reasonable cause and the process thereof is such viz. when any man is grieved and that he be disseized of his Free-hold within the said City or the Suburbs of the same he shall come to any Hust holden at the Guild-Hall or for default of Hust in the Chamber of the Guild-Hall in the Assembly of the Mayor and Aldermen any Munday and shall make there a Bill and the Bill shall be such viz. A de B. queritur versus ss C. de D. de libero tenemento suo in parochia de E. in Suburb London And the same Bill shall be inrolled and upon that shall be made another Bill containing all the matter of the first Bill by the common Clark of the City making mention of the title of Hust or of the day of the Assembly of the Mayor and Aldermen and then the Bill shall be sent to the Sheriffs or to either of them to do process and right unto the parties and then although the Bill be served the Wednesday then next following that is to say the Minister of the Sheriffs to whom the Bill is delivered shall summon the Tenant or Tenants named in the said Bill of Assize by the view of two Freemen of the City and that of the Tenants from whom the rent is supposed to be issuing and then it shall be said to the Tenants that they keep their day at the Guild-Hall the Saturday then following at their peril and the names of those which are summoned shall be endorsed upon the backside of the Bill and then may the Plaintiff sue to have the Assize gathered and the Jury summoned against such Saturday or against other Saturday after at his pleasure and so may the Tenants sue for their deliverance if they will and such summons shall be made the Friday before the said Saturday and the Array of the Pannels of the Juries shall be made by the Sheriffs or their Ministers or by the Mayor and Aldermen if any of the parties upon reasonable cause shall require it Also the same Assizes shall be pleaded and recorded for the greater party also as elsewhere at the Common Law and if release bearing date in Forreign County bastardy or other forreign matters which cannot be tryed within the said City be alledged in such Assizes then the Plaintiff may sue and cause to come the Record in the Kings Court that the matter may be tryed as the cause requireth and when the matter is there determined the process shall be sent back to the said Sheriffs and Coroners or to their Successors to proceed forward before them according to the custome c. And you must note that there is no discontinuance in such Assizes neither is any mention made in the Record of the dayes betwen the Assizes taken and the day that the Assize shall be taken or Judgement given if it be not by necessary cause or that such Assizes be adjourned for special causes and when the Assizes are taken before the Sheriffs and Coroners as before is said and Judgement be given then shall such Assizes determined be entred of Record and afterwards shall be carried into the Chamber of the Guild-Hall to remain there in the treasury upon Record And note that no man may enter into any Tenements within the said City by force nor any Tenants hold by sorce and armes in disturbance of the peace De Curia Majoris London Custumis Civitatis ejusdem Diversis Casibus terminalibus in eadem Curia Curia Majoris of the said City of London is holden by the custome of the same City before the Mayor and Aldermen for the time being in the Chamber of the Guild-Hall or in Hust and that from day to day and there are treated determined and discussed the Pleas and matters touching Orphans Apprentices and other businesses of the same City And there are redressed and corrected the faults and contempts of those which do against the custome and ordinance of the City as well at the suit of the parties as by Enquest of Office and in other sort by suggestion according as the causes require and there they use to justifie Bakers Victuallers and Trades-men and and to treat and ordain for the Government of the City and for keeping the Kings peace and other necessary points of the City and according as the time requireth Item the Officers and Ministers of the said City being found faulty are to be cleared before the Mayor and Aldermen as well at the Suit of the parties by Process made as otherwise according to the discretion of the said Mayor and Aldermen Item the said Mayor and Aldermen use there to hold and determine Pleas of Debt and other
Actions personal whatsoever by Bill as well among Merchants and Merchants for Merchandize as also between others that will plead by Process made against the parties Item the Mayor and Aldermen or the Mayor and Chamberlain of the said City take before them in the said Chamber Recognizances of Debt of those that will of what summes soever And if the day of payment be missed then he to whom the Recognizance is made out of this Record shall have execution of all the Debtors Goods and of the moyety of his Lands within the said City and it is taken as at the Common Lawes Item Pleas of Debt according to the Ordinance called the Suit of Smithfield are determinable only before the Mayor and Aldermen according as is more plainly set down in the Ordinance thereupon made Item the Assizes of Nusance are determinable by plaint before the Mayor and Aldermen and that plaint shall be served by the Sheriff the Wednesday against the Friday and then the Mayor and Aldermen ought to proceed in Plea according to that which is set down in the Act of Assize and Nusance in the said City Item the Mayor and Aldermen have alwayes used to set down penal Acts upon Victuals and for other governance of the City and of the peace according to their discretion and advice and proclaim the same Ordinance within the said City openâ—y to be kept in the Kings name and of the City upon that penalty set down and shall levie all those penalties of those which do contrary to the Ordinance aforesaid Item the Mayor and Aldermen have alwayes used and may by custome of the same City cause to come before them the offenders which are taken within the said City for Lies and false Nuses noised abroad in disturbance of the Peace Makers and Counterfeiters of false Seales and false Evidences and for other notorious deceits known to them which they shall find faulty of such malefactours by confession of the parties or by enquest and then take them and punish them by the Pillory or other chastisement by imprisonment according to their discretion Item the Mayor and Aldermen have alwayes accustomed and may by custome of the said City change Process abbridge delayes in actions personal as well before themselves as in the Sheriffs Courts and to make new Ordinances touching personal Pleas which Ordinances they understand to be reasonable and profitable for the people Item you must note that all the City of London is held of our Soveraign Lord the King in Free Burgage without the same City and of all the Lands and Tenements Rents and Services within the same City and the Suburbs of the same are well in Reversion as in Demesne are devisable by Usage of the said City so that men and women by Usage of the same City may devise their Tenements Rents and Reversions within the said City and Suburbs of the same to those whom they will and of what Estate they will and they may also devise new rent to be taken of the same their Tenants in such sort as best shall seem unto them by their Testament and by their last Will and those which are Freemen of the same City may devise their Tenements to Mortmain as appeareth by the Kings Charter to that effect made Item He which holdeth Tenements joyntly with others may devise that which belongeth to him without any other separation but Infants within age can make no devise nor woman under covert barn cannnot devise their Tenements by leave of their Husbands nor in any other sort during the coverture 49. 7. 325. per. Cur. Also the Husband cannot devise Tenements to his Wife for any higher Estate then for term of life of his Wife neither can the Wife claim any further Estate upon pain of losing the whole neither can the Husband devise the Tenements in the right of his Wife nor the Tenements which the wife and the husband have joyntly purchased but if the Husband and Wife have Tenements joyntly to them and the Heirs of the Husband the same Husband may devise the Reversion and all the Testaments by which any Tenements are divised may be inrolled in the Hust of Record at the suit of any which may take advantage by the same Testaments and the Testaments which are so to be inrolled shall be brought or caused to be shewn before the Mayor and Aldermen in full Hust and there the said Will shall be proclaimed by the Serjeant and then proved by two honest men well known which shall be sworn and examined severally of all the circumstances of the said Will and of the Estate of the Testator and of his Seal and if the proofs be found good and true and agreeing then shall the same Will be inrolled upon Record in the same Hust and the Fee shall be paid for the Inrolment and no Testament nuncupative nor other Testament may be inrolled of Recod unless the Seal of the party be at the same Will but Wills that may be found good and true are effectual albeit they are not inrolled of Record Item Testaments within the said City ought by custome of the same City to be adjudged effectual and Executors have respect to the Wills of the Testators albeit the words of such Wills be defective or not accordidg to the Common Law Item Where Reversions or Rents be devised by Will inrolled in the Hust of Record the same Reversions and Rents after the death of the Testator are so Executed that those to whom such rents are devised may distrain for the rent and make avowry and those in reversion may sue a Writ of Waste at their will without any Attornment of the Tenants and may plead by the same Inrolment if need be although they have not the same Testament and the same custome taketh place for Deeds of Land inrolled in the Hust of Record and such Inrolments have been alwayes used so that the Wills are proclaimed and proved in full Hust as is aforesaid and Deeds indented and other Writings sealed may be accepted and the knowledging and confession of women may be received before the Mayor and one Alderman or before the Recorder and one Alderman or before two Aldermen for need as well out of the Court as in so that the same Charters Indentures and other writings so acknowledged be afterwards entred and inrolled in any Hust and the Fees paid as the Order is Item where a man hath devised by his Will enrolled certain rent to be taken of his Tenants within the said City without a cause of distress yet by custome of the said City he to whom the devise is made may distrein and avow the taking for the rent behind and in the same sort it shall be done for Amerciaments Rents called quit-rents within the said City Item the Mayor and Aldermen which are for the time being by custome of the same City shall have the Wards and marrying of all the Orphans of the said City after the death of their
Ancestours although the same Ancestors held elsewhere out of the City of any other Lordship by what service soever and the same Mayor and Aldermen ought to enquire of all the Lands Tenements Goods and Chattels within the same City pertaining to such Orphans and the Lands Tenements Goods and Chartells within the same City pertaining to such Orphans to seize and safely keep to the use and profit of such Orphans or otherwise to commit the same Orphans together with their Lands Tenements Goods and Chatels to other their friends upon sufficient Surety of Record in the Chamber of the Guild-Hall in convenient sort to maintain the same Orphans during their minority and to repair their Lands and Tenements and safely to keep their Goods and Chattels and to give good and true accompt before the said Mayor and Aldermen of all the profits of the same Infants wen they come to age or be put to a trade or married at the advice of the said Mayor and Aldermen and that in all cases if it be not otherwise ordained and disposed for the same Orphans and their Lands Tenements Goods and Chattels by express words contained in the same Wills of their Ancestors and no such Orphans may be married without consent of the said Mayor and Aldermen And in like sort where Lands Tenements Goods or Chattles within the same City are devised to a Child within age of a Citizen of the same City his Father living and the same Child be no Orphan yet by custome of the same City the said Lands Tenements Goods and Chattels shall be in the custody of the Mayor and Aldermen as well as of an Orphan to maintain and keep the said Lands Tenements c. to the use and profit of the said Infant and shall give good and true accompt for the same as is aforesaid And note that where a Citizen of the same City hath a wife and children and dieth all debts paid this Goods shall be divided into three parts whereof the one part shall come to the dead to be distributed for his Almes the other part shall come to his wife and the third part to his children to be equally parted amongst them notwithstanding any device made to the contrary and for the same the wife or children or any of them may have their recovery and suit to demand such Goods and Chartels against the Executors or Occupiers of the same Goods and Chattels before the same Mayor and Aldermen by plaint Item by ancient custome of the said City it was not lawful to any Stranger or Forreigner to sell Victuals or other Merchandizes to any other Stranger or Forreigner within the same City to self again nor to any such Forreigner or Stranger to sell Victuals or any other Merchandize within the said City by retail Item by ancient custome of the said City of London the Citizens and Ministers of the same City are not to obey any Commandment or Seals except the Commandment and Seal of our Sovereign Lord the King immediate neither can any of the Kings Officers make any Seisure or Execution within the said City nor within the Franchises of the same by Land nor by Water except only the Officers of the City aforesaid Item touching the Judgements given in the Sheriffs Court in Actions personal or in Assizes taken before the Sheriffs and Coroners by custome of the said City the parties against whom such Judgements are given may sue a writ of Errour directed to the May or Aldermen and Sheriffs to reverse the said Judgements in the Hust and if the Judgements be found good yea though the same Judgements be affirmed in the Hust yet the same party may sue another writ of Error directed to the Mayor and Sheriffs to cause the Record to come before the Justices assigned at Saint Martins le Grand as hath been heretofore done But if any party by such Judgemenn given before the said Sheriffs be convict in Debt or Damages and is therefore committed to Prison until he hath made agreement with the party and afterwards pursueth a Writ of Error to reverse the Judgement in the Hust where although the Judgement be affirmed and the same party will sue a-another Writ of Error to reverse the same Judgement before the Justices assigned at Saint Martins as is aforesaid yet nevertheless the same which is so in person must not be delivered out of Prison by ancient custom of the same City by means of any such Writ of Error until he have found sufficient Sureties within the said City or laid in the money into the Court to pay him that recovered the same if in case that the Judgement be afterwards affirmed And in case that such Writ of Errour be sued to reverse any Judgement given in the Hust before the Justices assigned at Saint Martins le Grand and it be commanded by Writ to safe keep the parties and to cause the Record and Process to come before the same Justices then shall the parties be kept as the Law requireth But no Record may be sent before the same Justices but that the Mayor and Aldermen shall have fourty dayes respite by appointment of the same Justices after first Sessions then to advise them of the said Record and of the Process of the same and at the first Sessions of the Justices after fourty dayes shall the said Process and Record be recorded before the same Justices by mouth of the Recorder of the said City And of Judgements given before the Mayor and Aldermen in the Chamber of the Guild-Hall according to the Law Merchant no Writ of Error is wont to be sued Item by ancient custome of the said City all the Liberties and Priviledges and other customes belonging to the said City are usually recorded by mouth and not to be sent or put elsewhere in writing Item the Citizens of London by custome of the City ought not by any Writ to go out of the City in any sort to pass upon an Enquest Item the Wife after the death of her Husband by custome of the City shall have her Frank Bank viz. a woman after the death of her husband shall have of the Rents within the same City whereof her husband died seized in Fee And in that Tenement wherein the husband and she did dwell together at the time of the death of the husband the woman shall have to her self wholly the Hall the principal chamber and the cellar wholly and shall have the use of the Oven the Stable Privy and Yard in common with other necessaries thereunto belonging for her life and at that hour that she is married she loseth her Frank Bank and her Dower of the same saving her Dower of other Tenements as the law requireth Item every Freeman of the said City using Trade may by custome of the same City take an Apprentice to serve him and learn him his Art and Mystery and that by Indenture to be made between him and his said Apprentice which Indenture shall be examined and
shall take or receive any manner of Fine or Fines for the concealment and discharging of any of the offences afore recited but truly present the same offences and every of them according to their Oaths upon pain of imprisonment by the discretion of the Lord Mayor and Aldermen of the said City for the time being Provided always and be it enacted by the authority aforesaid that it shall be lawful for all and every of the said Inquests to take and receive towards the charges of their Fire and Candles and other necessaries during the time of their said Session all and every such sums of money as any honest person or persons of their free will and benevolent mind will give and offer unto them and when they have made their said presentments to go and assemble themselves together for their Recreation and solace where they shall think it good and there not only to bestow and spend the twenty shillings which every Alderman within his Ward according to a certain Order lately taken shall yearly give unto them at the time of the delivery of their said Presentments towards their said charges in this behalf but also the residue of the said money received and gathered as it is aforesaid of the Benevolence of their said loving Friends if any such residue shall fortune to remain Any clause or Article in this present Act contained to the contrary notwithstanding Not failing hereof as ye tender the Common Weal of this City and advancement of good Justice and as ye will answer for the contrary at your uttermost peril The Articles of the charge of the Ward-mote Inquest 1. YE shall swear that ye shall truly inquire if the Peace of the King our Soveraign Lord be not kept as it ought to be and in whose default and by whom it is broken or disturbed 2. Also if there dwell any man within the Ward that is outlawed or indited of Treason or Fellony or be any receiver of Traitors or Fellons 3. Also ye shall inquire and truly present all the offences and defaults done by any person or persons within the River of Thames according to the intent and purport of an Act made by our late Soveraign Lord King Edward the sixth in his high Court of Parliament and also of divers other things ordained by Act of Common Councel of this City for the redress and amendment of the said River which as now is in great decay and ruine and will be in short time past all remedy if high and substantial provision and great help be not had with all speed and diligence possible as more plainly appeareth in the said Act of Parliament and the said Act of Common Councel of this City 4. Also if any manner of person make Congregation or be Receiver or Garherer of evil companies 5. Also if any man be a common Riotor or a Barrator walking by Nightertale without light against the rule and custome of this City 6. Also if there be any man within this Ward that will not help aid ne succour the Constables Beadle and other Ministers of this City in keeping of the Peace and Arrest the evil dooers with rearing of Hue and Cry 7. Also if there be any Huckster of Ale and Beer that commonly useth to receive any Apprentices Servants Artificers or Labourers that commonly use to play at the Dice Cards or Tables contrary to the form of the Statute in that Case ordained and provided 8. Also if there be any Inholder Taverner Brewer Huckster or other Victualer that hold open their Houses after the hour limited by the Mayor 9. Also if any Parish Clark do ring the Bell called the Curfue Bell after Curfue rungen at the Churches of Bow Barking Church Saint Brides and Saint Gile's without Cripplegate 10. Also ye shall inquire if any Putour that is to say Man-baud or Woman-baud common Hazerdours Contectour maintainer of Quarrels Champartours or Embracers of Inquests or other common misdoers be dwelling within this Ward and present their Names 11. Also if any Baud common Strumpet common Adulterer Witch or common Scold be dwelling within this Ward 12. Also if there be any House wherein is kept and holden any Hot-house or Sweating-house for ease and health of men to the which be resorting or conversant any Strumpers or women of evil Name or Fame or if there be any Hothouse or Sweating ordained for women to the which is any common recourse of young men or other persons of evil fame and suspect conditions 13. Also if there be any such persons that keep or hold any such Hot-houses either for men or women and have found no surety to the Chamberlain for their good and honest behaviour according to the Laws of this City and lodge any manner of person by night contrary to the ordinance thereof made by the which he or they shall forfeit oâ— twenty pounds to the Chamber if they do the contrary 14. Also if any manner of person cast or lay Dung Ordure Rubbish Seacole-dust Rushes or any other thing noiant in the River of Thames Walbrook Flett or other Ditches of this City or in the open Streets Ways or Lanes within this City 15. Also if any person in or after a great Rain falleth or at any other time sweep any Dung Ordure Rubbish Rushes Seacole-dust or any other thing noyant down into the Channel of any Street or Lane whereby the common course there is let and the same things noyant driven down into the said water of Thames 16. Also if any manner of person nourish or keep Hogges Oxen Kine Ducks or any Beasts within this Ward to the greivance and Disease of their Neighbours 17. Also where afore this time it is ordained and enacted as hereafter followeth Item for to eschew the evils of misgoverned persons that dayly when they be indebted in one Ward fly into another It is ordained by the Mayor and Aldermen that as soon as a man or woman suspect first do come to dwell within any house in any Ward within the City the Constables Beadles or oother Officers of the same shall be charged by their Oaths at the general Court to inquire and espie from whence they come And if they find by their own confession or by the Record of any of the Books of any Alderman of the City that they be Indited or cast of evil noyous life and will not find surely for their good abeating and honest governance to the Alderman for the time being that then they shall not dwell there from thenceforth but shall be warned to aviod within three or four dayes or more or less after as it shall be seen to the Alderman of the Waâ— for the time being and that the Land loâ— that letteth the house or his Attorney shall be also warned to make them â—â— avoid out of his house aforesaid with the said time limited by the Alderman