REPORTS OF SPECIAL C …

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 [Page] 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 [Page] 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 [Page] your flourishing Family, I take my leave, ever rest­ing,

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 Buildingspage 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 Trinterm. 7. Jac. Rex Rot. 1490. demesne as of Fee, of an ancient house [Page 2] in the Parish of Saint Olaves in the Kings-Bench. The pleading of this case see in the New-Book of entries fol. 20 & 21. 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 [...] 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 [Page 3] 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 [Page 4] 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 Quest. 1. 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 Three commodi­ties of lights by a Window, Air by Health, light by profit, pleasure by pro­spect. House, by which he hath three great commodities, that is to say, Air for his Health, Light for his profit, prospect for his pleasure, may not be taken away no more, then a part of his House may be pulled down, whereby to erect the next House adjoyning. And with this resolu­tion agreeth the Case of Eldred report­ed by Sir Edw. Cook, in his Ninth Re­port, fol. 58. where he sheweth the an­cient Cook 9. Rep. El­dred case. form of the Action upon the [Page 5] case to be quod messuagium horrida tene­britate obscuratum fuit; but if there be hinderance only of the prospect by the new erected House, and not of the Air, Vide, Ho­barts Re­ports, Ro­bins of B [...]ns. 131. not of the light, then an Action of the case will not lye, insomuch that the pro­spect is only a matter of delight, and not of necessity.

As to the second, it was resolved by Quest. 2. the opinion of the aforesaid Judges, that the custome of London will not en­able a man to erect a new House upon a void space of ground, whereby the ancients lights of an old house are stopt up; for first the owner of the old house having possession of a lawful easment and profit which hath been belonging unto the house by prescription, time out of mind of man, may not be prescrib­ed out of it by another thwarting cu­stome which hath been used time out of mind of man, but the latter custome shall rather be adjudged to be void, and Prescription against a Prescription will never be allowed by the Law. 2. It may well be that before time of memory the owner of the said void piece of ground granted unto the owner of the House, to have his Windows that way without [Page 6] any stopping of them, the which being done, and continued accordingly, hath begotten a prescription, the which may not be defeated by the Allegation of a general custome; and with this resolu­tion doth agree a case adjudged, Trin. 29. Eliz. Rot. 253. in the Kings Bench; whereupon an action upon the case brought by Thomas Bloond against Thomas Mosley, for erecting of a House in the County of the City of York, whereby the ancient lights of his House were stopped up: The Desendant did plead a Custome for the City of York, as there is here for the City of London, and adjudged that the Custome was naught, whereupon the Plaintiff had his Judgement: But if the Houses had been new erected Houses, or otherwise Windowes had been newly made Win­dows in that ancient House, the erecti­on of that new House upon that void space of Ground would have been law­ful notwithstanding that the Windows and Lights be stopped up; for it shall not lie in the power of the owner of the ancient House by setting out his new Windows to prevent him, that hath the void peice of Ground from making the best benefit of it.

[Page 7] As to the third point, it was conceived that if the new house be only erected 3. Quest. A new house built upon an old foundati­on, with­out en­largement either in longitude or lati­tude, though never so high built, shall not be taken to preju­dice the Neigh­bour. upon the ancient foundation, without any inlargement either in Longitude or Latitude, howsoever it be made so high that it [...]oppeth up the lights of the old house yet he is not subject unto any action, because the law authorizeth a man to build as high as he may upon an ancient Foundation, and it is no reason to foreclose a man from making his house convenient unto his estate and de­gree by building up higher, when there is no other impediment, but only some windowes which are built out over his house; and agreeing to this, seemeth the old book of 4. E. 3. 150. to be where an Assize of Nusans was brought for e­recting his house so high, that the light of the Plaintiff in the next adjoyning house was disturbed by it, and the Plain­tiff upon the opinion of Herl, Chief Ju­stice, did not proceed in the Assize, but let it fall to the ground; but if the new builded house exceeded the ancient foundation, whereby that excess is the cause of stopping up of lights, then is he subject unto the action of him whose light is stopped up, as it may appear by [Page 8] 22. H. 6. 25. And in the case at the Bar, Judgement was given for the Plaintiff, because he had brought his action for building of a new House upon a void piece of ground, by which his Windows were stopt up. And Keeme the Defendant only justifieth by the Custome, the ere­ction of the House upon an old Founda­tion, and upon the void piece of ground, the which is not any answer at all unto that which the Plaintiff layeth unto the charge of the Defendant.

Touching the Custome of Citizens leaving that Trade whereunto they have been Apprentices seven years, and betaking themselves to other Trades.

IOhn Tolley having been an Apprentice Hill. 12. Jac. in Banco Rep. in London by the space of seven years unto a Wool-Packer, after the seven years expired, is made a Freeman of London; afterwards he leaveth the Trade of a Wool-Packer, and betaketh himself to the Trade of an Vpholster, and doth exercise that Trade by many years, whereupon one Thomas Allen an In­former, doth exhibit an Information in the Court of the Mayor of London, as well for the King as for himself, upon the branch of the Statute made in the fifth year of the late Queen Elizabeth Informa­tion upon the Stat. of 5. Eliz. 4. concern­ing Ma­nualoccu [...] pations, &c. cap. 4. whereby it is enacted, That after the first day of May next ensuing it shall not be lawful unto any person or persons, other than such as now do lawfully use, or exercise any art, Mystery, or manual oc­cupation, to set up, &c. any such occupation [Page 10] now used or occupied within the Realm of England, or Wales, except he shall have been brought up seven years at the least as an Apprentice in manner and form afore­said, nor to set any person on work in such Mystery, Art, or Occupation, being not a Workman at this day, except he shall have been an Apprentice as aforesaid, or else having served as an Apprentice as is aforesaid, shall or will become a Iourney-man or hired by the year upon pain that every person willingly offending or doing the contrary, shall forfeit and lose for eve­ry default fourty shillings for every moneth. And he sheweth, that Iohn Tolly the now Defendant hath exercised the trade of an Upholster by the space of fourty moneths, whereas he was never an Ap­prentice to that trade by the space of seven years; contrary unto the aforesaid Statute, whereby the said Thomas Allen doth demand the forfeiture of eighty pound unto the King and himself, where­of he the said Allen doth require the one moyety, according to the form of the said Statute. And this Information The cu­stome of L pleaded in Bar being removed out of the Court of the Mayor of London by Certiorari into the Kings Bench, the said Iohn Tolley doth [Page 11] plead a special Plea in Bar, shewing, that there is a custome of London which hath been used time out of mind of man, That every Citizen and Freeman of London, which hath been an Appre­tice in London unto any trade by the space of seven years, may lawfully and well re­linquish that trade, and exercise any other trade at his will and pleasure. And shew­eth further, That all the Customes 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 seven­years, 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 [Page 13] 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, Quest. 1. 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, [Page 14] 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, o [...] by casu [...]lties of Fire, &c. at home, have their Estates sunk, whereby they are not able for want of Stock and Meane [...] 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 wher [...] 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 [Page 15] that Trade. Now to deba [...] 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 Quest. 2. 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 [Page 16] 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 Sel. 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 Rat. 1. 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 2. 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 [Page 17] 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. Quest. 4. 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 Rat, 1. words of the branch of that Stat [...] 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 for it, might tend to a great derogation of the City, and likewise might be very prejudicial to the Commonwealth, when as the ill-affect­edness of this City being the chief mem­ber [Page 18] of this politique body, cannot but make all the other members to be parta­kers of theill disposition of it. And up­on this reason it is, that before such time as the Stat. of R. 2. was thought of, it was holden that the Stat. De Religiosis, otherwise called the Statute of Mort­main, made in the seventh of the Reign of E. 1. which did make a general re­straint from disposing of lands in Mort­main, did never extend unto the repeal of the custome of London, which did en­able those that were Citizens and Freemen of London to devise their lands in Mortmain, as before.

Secondly, The City of London, and Rat. 2. the custome therein used, being the ex­ample and patern which the Statute of 5. Eliz. in some parts of it doth require should be followed, as in that branch, wherein provision is made, that every person being an housholder, and twenty four years old at the least, dwelling or inhabiting, or which shall dwell or inhabit in a City or Town Corporate, and use or exercise any art, mystery, or manual occupation, shall and may yet have and retain the Son of any Freeman not occupying Husbandry, &c. to serve. [Page 19] and be bound as an Apprentice, after the custome and order of the City of London for seven years at the least. It seemeth that the intent of the makers of that Statute, was rather to confirm; than repeal the customes of London, for it would never make the custome of London to be the example which ought to be persued, if it had had an intenti­on to repeal it. And by the same reason, that the custome of London shall not be comprehended within the general words of one branch of the Statute, the general words of another branch shall not be extended unto them.

Thirdly, it is to be observed, that the Rat. 3. Statute of 5. Eliz. hath a proviso, That this Act, nor any thing therein contain­ed or mentioned shall not be prejudicial or hurtful unto the Cities of London and Norwich or to the lawful Liberties, usa­ges, customes, or priviledges of the same Cities. And howsoever it speaketh, on­ly concerning the having or taking of Apprentices, yet by the whole scope of the Statute, which maketh the customes of London to be their directions in many things enacted by that Statute, it appear­eth, that the intent was to preserve the [Page 20] Customes of London, and not any ways to abolish them. For it should be very mischievous to the City, and would en­danger the subversion and decay of it; if all Acts of Parliament by their gene­ral words should stretch to repeal the cu­stoms of London, in Case where they are somewhat opposite unto the Statute.

Fourthly, upon the matter, there must be a repeal of the Statute of Magna Char­ta, Rat. 4. 9. H. 3. cap. 9. cap. 9. which confirmes all the Cu­stomes of London, the which shall not be done by general words in a Statute, be­cause it hath been so often-times con­firmed.

As to the Fifth Question, scil. Whe­ther the Trade of an Upholster be a Trade Quest. 5. restrained within the Statute of 5. Eliz. cap. 4. So that none can exercise it, but he that hath been an Apprentice by the space of seven years?

It was agreed and resolved, That an Upholster is not a Trade within that Stat. For first it is not a trade that is mention­ed in any of the branches of the Statute, Rat. 1. howsoever in all parts of the Statute there is mention made of sixty one seve­ral trades and mysteries. And if the Arti­ [...]ans which at that time were Assistants [Page 21] unto the Commitees for the expressing of all manner of Trades, and thought that the Trade of an Vpholster had been such a Trade that required Art and Skill for the exercising of it, they would not have failed to make mention of it. Se­condly, there having been two former 2. Acts of Parliament, that is to say, the Sta­tute of 7. H. 7. cap. 17. and 5. Ed. 6. cap. 23. made concerning Vpholsters, it was not necessary that mention should be made of it in this Statute, and so it shall be intended that there was purposely an omission made of an Vpholster, because there was sufficient Provision made for him formerly. Thirdly, the Trade of an Vpholster doth not require any Art or 3. Skill for the exercising of it, inasmuch as he hath all things made to his hand, and it is only to dispose them in order after such time as they are brought to him, as the Ticks of his Beds he borroweth from a Weaver, the Frames of his Beds and Stooles from the Joyners and Tur­ners, his Iron-Rods and Nailes from the Smith, his guilding, and setting forth and adorning of his Beds and Stools from the Guilder and Painter; and so he is like to Aesops Bird, which borroweth [Page 22] of every Bird a feather, his art resting meerly in the overseeing and disposition of such things which other men work, and in the putting of feathers into a tick, and sowing them up when he hath done, the which one that hath been an Appren­tice unto it but seven days is able to per­form. And the intent of this Statute was not to extend unto any other trades, but such as required Art and Skill for the managing of them: and therefore it was adjudged in the Exchequer upon an in­formation against one in the 42, year of the Reign of the late Queen Eliz. that a Coster-monger was not a Trade intended by the Statute of 5. Eliz. because his art was in the selling of Apples, the which required no skill or experience for the exercise of it. So an Husbandman, Tankard-bearer, Brick­maker, Porter, Miller, and such like Trades, are not within the Statute of 5. Eliz. cap. 4. so as none may exercise them, but such a one that hath been an Apprentice by the space of seven years; for they are arts which require rather a­billity of body than skill: But a Brewer and Baker are within the Statute, be­cause it concerneth the health of mens [Page 23] bodies to have good Bread baked, and Beer b [...]ewed, and so it is fit that they should have skil for the exercise of them.

Fourthly, an Upholster being no such Rat. 4. Trade within the Stat. of 5. Eliz. as may compel one to be an Apprentice unto him for the space of seven years; for it is not mentioned within that branch that concerneth the compelling of men to be Apprentices. It is not any such trade as is within that branch, which com­pelleth men to be Apprentices for the space of seven years, before such time as they can exercise it; for none shall be within the branch that restraineth men to exercise their trades, where they have not bin Apprentices by the space of seven years; but such as are within that other branch, to compel men to be Apprenti­ces unto them by the space of 7. years. Quest. 6.

As to the sixth Question, which is; whether the Court of the Mayor of London be such a Court of Record, as an information may be exhibited in it upon this Statute of the 5. of Eliz. cap 4?

It was answered and resolved, that it Sol. [...]: was. For it is expressed by precise terms, in one of the last branches of the said Statute, That the said Mayor, or o­ther [Page 24] Head-Officers of the Cities or Towns Corporate, shall have full pow­er and authority to hear and determine all and every offence and offences, that shall be committed or done against this Statute, or against any branch thereof, as well upon Indictment to be taken be­fore them in the Sessions of the Peace, as upon Informatio [...] Action of Debt, or Bill or Complaint to be sued or exhi­bited by any person, and shall and may by vertue thereof make process against the Defendant, and award Execution, as in any other case they lawfully may by any the Laws and Statutes of this Realm, and the Presidents have been alwayes accordingly. For in the 44. year of the late Queen Eliz. an Information was exhibited by one Robinson against Toby, in the Mayors Court of London, because he exercised the Trade of a Cut­ler▪ where he had not been an Apprentice by the space of seven years, and allow­ed to be well exhibited. So in the Case \l=o▪\f one Banister, and Information exhi­bited in that Court, because he had ex­ercised the Trade of a Weaver, where he had not been Apprentice by the space of seven years, was admitted good.

[Page 25] As to the seventh Question, which is, Quest. 7. Whether the Informer may demand the Moyety of the forfeitures upon this Sta­tute, because in a branch in the latter end of the Statute, it is enacted, That all manner of Amerciaments, Fines, Issues, and Forfeitures, which shall arise, grow, or come by reason of any offences, or defaults mentioned in this Act or any branch there­of, within any City or Town Corporate, shall be levied, gathered, and received by any person or persons of the same City, or Town Corporate, as shall be appointed by the Mayor, or other Head Officers mentioned in this Act, to the use and maintenance of the same City or Town, in such case and condition as any other Amerciaments, Fines, Issues, or Forfeitures, have been used to belevied, or imployed within the same City or Town Corporate, by rea­son of any Grant or Charter from the Queens Majesty that now is, or any her Graces Noble Progenitours, made or granted to the same City, Burrough, or Town Corporate, any thing, or clause before mentioned or expressed to the contrary notwithstanding?

It was answered and resolved, That the Informer might well demand a Moyety; Sol. [Page 26] for there being a former branch, that enacted, that the one half of all forfei­tures and penalties expested and menti­oned in this Act other than such as are expresly otherways appointed, shall be to our Soveraign Lady the Queens Ma­jesty, her Heirs, and Successors, and the other moyety to him or them that shall sue for the same in any of the Queens Majesties Courts of Record or before a­ny of the Jus [...]i [...]es of Oyer and Terminer, or before any other Justices or Presi­dents and Councel before remembred, by action of Debt, Information, Bill of Complaint or otherwise: The Inform­er may demand his Moyety, by ver­tue of this branch; and the subsequent branch which gives the Forfeitures unto the Mayor, shall be taken only of the forfeitures which are given to the Queen, and not of that which is given to the Informer, who is the means whereby the other Moyety is brought to the Mayor, and other Officers.

The Custome of London Touching Forreign Attachment.

IOhn Tenant a Citizen of London, is indebted fourty pound by specialty Mich. 12 Jac. Rs. In Banco Rs. unto one other Citizen of London, the which said Citizen is likewise indebted unto one Robert Haydon, another Citi­zen of London in fourty pounds upon a simple contract. The Citizen so in­debted unto Haydon died intestate. Thomas Spink taketh Letters of admini­stration of the goods and chattels of the said intestate. Tenant after the day of payment of his fourty pounds promiseth Spink in consideration that he will for­bear him the payment of the said fourty pounds, by the space of two months to pay to Spink the said fourty pounds.

Spink forbeareth Tenant accordingly, but the fourty pounds is not paid accord­ing to promise.

Afterwards the debt due by Tenant, is attached in his hands according to the custome of London of Forreign Attach­ments for the debt due by the intestate unto Haydon, Spink bringeth his acti­on [Page 28] upon the case against Tenant, for not paying the 40. pounds according to his word who sheweth in his Plea in Bar, That the Debt due by him unto the In­testate was attached according to the custome of Forreign Attachments. And upon this Plea in Bar, Spink demurreth in Law.

The Questions in this Case are,

1. Whether this Debt of the Intestate being only a Debt due upon a simple Contract, be such a Debt of which a Forreign Attachment may be made according to the custome of London?

2. Whether the custome of forreign At­tachments may hold in this Case, In­asmuch as by the Statute made in An 31. Ed. cap. the name of Admini­strators was created, and before that Statute Lettars of Administration were never granted?

3. Whether there being a Forreign At­tachment of the Debt due unto the Intestate, after the not performing of the promise, and Title of action gi­ven unto Spink the Plaintiff, be a dis­pensation with the promise, so as now [Page 29] the action faileth upon the promise for not paying the money.

As to the first Question, which is, Quest. 1. Whether for the debt, being a debt due only upon a simple contract, a forreign Attachment may be used or no?

It was agreed and resolved, that a forreign Attachment might well be su­ed for it: For by the custome of London, the Executor or Administrator being chargeable for a debt due by the Testa­tor, or Intestate upon a simple contract, as well as upon a specialty, a Forreign Attachment may be sued as well for that debt, as for a debt due upon Specialty. And howsoever the Kings Bench, or any other Court of Westminster, be not bound to take notice of this particular custome of London in charging the Ex­ecutors, or Administrators upon the simple Contract, nor to give judgement according to the custome yet when judgment hath been given according to that custome, and that judgement appeareth judicially unto the Judges by the Record: Now they ought to al­low the custome, and give their judge­ment [Page 30] according to that custome in af­firmance of the judgment given in Lon­don. But it was agreed, that if there had Mich. 39 40. Eliz Para­moreversus Pain. not been any debt due by the Intestate unto Haydon; Now howsoever there had been an Attachment made in London of the debt due by Spink unto the Intestate, and a judgement given upon it, yet might the Administrator have relieved himself by way of Denial, and Traverse that there had been any debt due by the Intestate unto Haydon.

As to the second Question, which is, Quest. 2. Whether the custome of Forreign At­tachments in London may hold as this Case is?

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 [Page 31] 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 Quest. 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 [Page 32] 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 Mich. 37 38. Eliz. Rot. 414. 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 Ea. Term. 9. Iac. Rex Roll. 163. 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 Kings Be. 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 [Page] 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 you should read Fran­ces all the way. 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?

[Page] 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 Counsel [...] 5. 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, in the case 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 Judges 8, 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 Four of the Judges for the Defen­dant. 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 [Page] 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 Rat. 1. 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 [Page] George Hanger, to be recovered as his 22. H. 6. 4. 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 Rat. 2. 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 21 H. 6. 30 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 [Page] Hanger, being a Neif had been made [...]. 1 E. 4. 50. 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 Rat, 3. to discharge the Citizens of London of the payment of Prisage, and not a Charter whereby the Prisage of the Citizens of [Page] 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. 3 Eliz Dy 100. 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 26. Eliz. the Lord Mordants Case. 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 [Page] 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 Rat 4. 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 [Page] 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 Rat. 5. 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 [Page] 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 35. H. 6. 3. 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 Rat. 6. 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 [Page] 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 [...]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 [Page] of Immunity and Priviledge, it be discharged of the payment of prisage which is granted by the Charter made b [...] King Edward the third notwithstanding that the last time was not com [...] 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. An [...] therefore where a servant having an intention to kill his Master, doth depart ou [...] of his service and long time after his departure out of his Masters service doth kill him, that is petty treason in the ser­vant, 33. Ass. Parl. 7. 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 Rat. 7. this Charter to be discharged of the pay­ment of prisage granted by King Edward the third, was granted unto the Mayor [Page] 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 Rat. 8. 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 [Page] should be free from Pontage, Murag [...] and such other Tolles, this Grant was al­lowed to be good, and received an exposition according unto the Law o [...] Merchants, which is the Law of Nati­ons; and howsoever it would not b [...] good by the strict rules of the Common Law, because the Merchant-strange [...] were not a Corporation able to take yet it was admitted sufficient by that A [...] ­gem marcatoriam, according to whic [...] in some cases of Merchants the Judg [...] 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 [...] 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 dive [...] their courses intended, from Merchandi [...] ­ing and Trading, by reason of the stri [...] construction of Charters which giv [...] unto them Immunities, and Privledges.

[Page] Ninthly and lastly, this very case re­ceived Rat. 9. 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 Three Judges of Contrary opinion. 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 [Page] his life, the payment of prisage ought not to be pressed by Sir Thomas Waller.

First, in regard the Charter extendeth [...]t. 1. 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 2. 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.

[Page] 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 the disposition of them according to her will, and pleasure, and the Poet saith, Da tua dum tua sunt, nam post mortem tua non sunt; and they not being the Wines of a Citizen to every intent, but only to a special intent, may not be said to be capable of the discharge of pay­ment of prisage according to the Case that hath been adjudged, that where the King by his Letters Patents doth grant 8. H. 42. the Goods, and Chattels of all Felons and Fugitives unto a common person, now [Page] the Patentee, by vertue of this grant, may not claim the Goods, and Chattels of one that is a Felon of himself, in so much that he is a Felon only to a special in­tent; and this being a Flower of the Kings Crown, shall not pass by general words,

Fourthly, Prisage being a thing 4. which is not due until such time as the bulk be broken; now forasmuch as George Hanger was dead, and so was dis­franchised before such time as the duty accrued, the Charter shall not extend to discharge the Wines in the hands of the Executrix of the payment of Prisage.

And so having given you a taste of the Sir H. Calthrops report and opinion. opinion of the Judges upon the main case: I will descend to the other mat­ters considerable in this case, upon this Charter; and for better order and me­thods sake, I will divide it into the parts hereafter following, that is to say.

First, what Prisage is, and to whom due, the nature of it, and the diversity between Butlerage, and Prisage.

Secondly, what is the cause, and ground why the King hath Prisage.

Thirdly at what time prisage shall be said to be due.

[Page] Fourthly, whether a grant, or discharge may be made by the King of Prisage.

Fifthly, whether the Charter of dis­charge unto the Mayor and Commonal­ty of the payment of Prisage be good, when the grant is made to the Mayor and Commonalty, and the benefit di­stributed unto the natural persons and the ground of the making of this Charter.

Sixthly, what persons shall be discharg­ed of the payment of Prisage within the words of the Charter which saith, Quod de vinis Civium nulla prisa fiat.

Seventhly, what Wines shall be said to be discharged of the payment of Pri­sage within the words of the Charter.

As to the first, Prisage is a certain duty which the King and his Predecessours by 1. What pri­sage is. themselves, or their Officers by a custom (time out of mind of man) hath used to take for the provision of his houshold of all English Merchants of all Wines whatsoever, which the said English Mer­chants bring from beyond the Seas into the Coasts of England. In which said description it is first observed, that it is a duty due from the subject unto his Maje­sty, and not a voluntary gift of the subject unto the King. Hereupon it is that in [Page] H. 4. 3. in the Patent-Roll in the Tower you shall find prisage termed by the name of Regia, & Recta prisa; for that it apper­reineth and is due unto the King of com­mon Right; and being a Flower of his Crown, may not belong unto any man else but by especial Grant. Secondly, it appeareth that it is called a certain duty, because it is manifestly certain, what the King shall have out of every Ship, both in respect of the time when he shall take it, in respect of the place where he shall have it, and in respect of the quantity which he shall have. For as to the time when he shall take it, it is upon the breaking of the Bulk of the Ship, and not before; for if a Ship come into the Port laden with Wines, and the Bulk of her is not broken, now may not 6. E. 3. 5. Prisage be demanded of her. And as to the place where the King shall take this prisage, it is ascertained by a Book-Case, where it is said, That the King 20. Ric. 2. Rot. Pat. shall take one Tun behind the Mast, and the other before. And as to the certain quantity which the King is to take, it is manifest by divers ancient Records; for if a Ship have ten Tun in her, and under the number of twenty [Page] Tuns, then the King is to have one Tun only; but if the Ship containeth twenty Tuns and more, then the King is to have two Tuns, the one to be taken behind the Mad, and the other before the Mast, the King paying for the portage twen­ty [...]sh, and by reason of these certainties you shall find in the Patent-Rolls in the Tower 28. E. 1. that it is called, 28. E, 1. Rot. Pat. Certa prisa. Thirdly, it is to be observed that is not a duty newly encroached, for it hath by custom (time out of mind of man) been taken; for the ancientest Records now remaining with us do make mention of the payment of it; for in the Pat. Rol. aforementioned being in the 40th year of Henry the third it is spoken of; and Fleta who wrote in the begin­ning Fleta. Lib. 2. cap. 22. of E. 1. his time, hath not been si­lent in declaring the nature of prisage; and in the 15. E. 2. Rast all Estreats Sect. 22. an ordinance is made amongst other things that the Butler of the King for the time being, either by himself or his De­puty shall enroll the Wines of prisage, how many times he hath taken them, the testimony of persons of whom the price was had, where, and when, and the Customers of England shall be charged [Page] according as they are assigned for the gathering of customes within I certain bounds, that they twice yearly shall certifie the Treasurer and Barons how many Ships have arrived within their bounds, &c. And how many Ships arri­ved of whom the King did take prisage of Wine, and how many Tunnes, and in what Ships the King did take twosh. for the Tun. And for the other price. And in the Pat. Rol. extant in 20. R. 2. you 20. R. 2. Rot. Pat. may see the Record speak in this manner. Memorandum quod Rex habet ex antiqua consuetudine de qualibet navi mercatoria applicante infra aliquem portum Regni Angliae duo dolia vini, &c. All which shew the antiquity of it. Fourthly, it is said of all English Merchants to make a difference between those that are Mer­chants, and those that buy Wines be­yond the Seas for their own private pro­vision. Secondly to make a distinction between the English Merchants and the Merchant-strangers, for Merchant-strangers by a Charter made unto them (called by the name of Charta Merca­toria) in the one and thirtieth year of E. 1, his Reign are discharged of the payment of prisage, in recompence, and lien of [Page] which Immunity granted unto them, the Merchant-strangers by way of thankful restitution granted unto the King and his Successours, that he should have two sh. of every Tun of Wine brought in by them within fourty dayes after it is brought into the Port, the which two sh. is called by the name of Butlerage, because the Kings Chief Butler by reason of his Office is to re­ceive it. And those subject of the Kings who do buy Wines beyond the Seas for their own spending, without a­ny intention to Merchandize, ought not to pay prisage for those Wines. Sixthly, it is expressed of all Wines brought from beyond the Seas; for that if Wines should be made in England. as in times past they have been (as it appeareth by an ancient Record in Windsor-Castle, where it is said that the Parson had ten pound for the Tythe of Claret-Wine mad there) and they should be trans­ported from one Port to another to be sold, no prisage shall be paid for them. Lastly, it is described which hath used to be taken, and not which hath used to be paid by the owners, and Merchants of the Wines, and the Etymology of the [Page] word importeth as much. For Prisae being the Latine word for prisage, hath it's name of prendere, and is no more than Prizel, which is taking, and is a Participle of the word Prendere, which may be applied to all manner of takings; howsoever here it is only limited to the taking of Wines.

As to the second part, which is what 2. The ground of paying the K. pri­sage. is the cause, and ground of the payment of prisage, there is not any Record to be seen which manifesteth the original cause of the payment of it; but it is pro­bably conjectured that for as much as the King of England is King of the nar­row Seas, and hath been alwayes at a perpetual charge in the maintaining of Ships for the defence of his Merchants, and protecting of them from the cruel spoile of the Pyrates, and in scouring the Seas to make their passage the more se­cure; therefore in recompence and sa­tisfaction of this care, and charge, the Merchants have always used (time out of mind) to give an allowance unto the King, and his Officers for the taking of this prisage of Wines for the better pro­vision of his houshold, the which al­lowance, and usage being continued [Page] time out of mind, hath made it to be a duty unto the King, and likewise be­cause the King hath used to take one Tun out of ten Tuns, and two Tuns out of twenty Tuns (for in ancient time, the Ships that went for these Wines being no great Voyage, were not of much greater burden) some have conceived that this was in nature of a Tythe, paid unto the King, and as the particular Pa­stor, which ministreth spiritual things for the Food of the Soul, hath of right the tenth part of his clear gains due unto him: So the King in that proportion be­ing Parens patriae, and the general Pa­stor of all his Subjects, protecting their lives and goods from violent oppression upon the Seas hath received, and taken the tenth part of the Wines brought in. But this only conjectured, and there­fore I cannot warrant it to be a sure Foundation to build on.

As to the third, which is, at what time prisage is said to be due. I do like­wise 3. When pri­sage is due. find some doubt to be made of it; for some Judges (unto whose Learning, and Judgement because of their Emi­nent Sir Ed. Crook, Sir John Dod­dridge. parts, and singular industry, much reverence is to be ascribed) have been [Page] of opinion that before such time as the bulk of the Ship be broken up, or that it be arrived at the English Port, prisage is due, and therefore if a Ship after such time as it is come up into the Haven, finding that Wines will not bear any price, doth before the Bulk of the Ship be broken, depart out of the Harbour, and go back beyond the Seas, and there vent those Wines. The King, this not­withstanding, may require his prisage at the Merchants hands; for the narrow Seas being within the Alleageance of the King of England, as it appeareth by di­vers of our year-Books, so soon as the 6. R. 2. 46. Ships come upon them, there is the duty of prisage accrued unto the King, where­of it doth not lie in the power of the Merchant to defeat him; and also the very nature of prisage being to have one Tun before the Mast, and one other Tun behind the Mast, sheweth that the King hath an Election to take his Tuns of Wine where he will, the which may not be, if the duty of prisage should arise out of the breaking of the Bulk for when the Bulk is broken, how doth it appear which is the Tun before the Mast, and which is the Tun behind the [Page] Mast? So as the King may have the E­lection to take his prisage, as the Law giveth it unto him; and they are of o­pinion, that if a Ship come into the Port laden with Wines, that the King is not to expect his prisage where the Mer­chant will unlade his Wines; for it be­ing a certain duty accrued unto the King upon the coming into the Port, he may take it at the Port, and is not bound to wait upon the Merchant from one Port unto another, untill he will or can un­lade his Ship: But the residue of the Justices which argued in this case, were of opinion, that prisage is not due, un­til the Bulk of the Ship be broken; so as that if the Merchant after his arrival at the Port, will go unto another Port, the King may not take his prisage before such time as they come unto that Port where they unlade; and their opinion was grounded upon the reasons follow­ing, that is to say; First, because the reason and ground of the payment of prisage, being the security which the Merchants enjoy by, and through the care and charge of the King upon the narrow Seas, they ought to be secured of that benefit, before such time as [Page] they shall be forced to pay the duty; and before the breaking of the Bulk of the Ship, they are not ascertained of their safe conduct, insomuch that how­soever they be in the Port or Harbour, yet they may have cause to put out into the Main again, as if they were driven in there through danger of Pyrates, or violence of Tempests, their Cocquet shewing their course to be bent unto an­other place, and it is no reason that the K. should take his duty before such time as the Merchant be assured of his protection. Secondly, incertainties are always odious in Law; for they are the Mother of confusion, whereas the Law expecteth and requireth order: And if the time expressed be alwayes ambigu­ous, or doubtful, it is careful in the de­termining and setting of it down cer­tainly; and for the most part where it is left to her construction, she giveth the longest time for the doing of it, whereby best advantage may be given unto the party which is to do it, the which may be manifest by divers instan­ces of cases set down in our Books which I do purposely omit to avoid too much prolixity; Wherefore it being the [Page] most certain, and the most equal time both for the King and Merchant to have the prisage taken when the Bulk of the Ship is broken; the Law, to whose con­struction it is left, shall rather ordain the taking of it to be then, than at any o­ther time; for if the Law should say, that it is a duty presently upon the com­ing upon the narrow Seas, it should 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 [Page] was ruled in the case of one Kenniston, 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 4. Whether the King may grant, or discharge Prisage. Prisage of Wines is a Flower of the Crown, yet is it not such an insepar­able [Page] 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 41. Elix. 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 15 E 4. Rot. Pat. 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 5. Grant to a body po­litique for the benefit of bodies natural. 39 E. 3. 21. 21 E. 4. 55. [Page] 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 [Page] 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 6. Whatper­sons are discharg­ed by the words of the Char­ter. 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 1. Sort. Citizens of five sorts. 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 [Page] 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 2. Sort. 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 [Page] commodum. The third sort of Citizens are those which do inhabit, reside, and 3. Sort. 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 28. Ass. Par. 25. unto the Guild of the City, ac­cording to the custome of the City of 28. Ass. Pat. 18. 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, 4. Sort. 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, 5. Sort. and Freemen, and have their fa­milies [Page] 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 Citize [...], 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 [Page] was not so at that time that the Ship was sent abroad.

Seventhly and lastly, what Wines shall be discharged of the payment of 7. What Wines are discharg­ed of pri­sage. 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 [Page] 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 [Page] 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 1. H. 8. cap. 5. 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 [Page] 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, w [...]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 [...]e should expend a­bout the said reparations and upon this Certificate a Procedendo was wayed, and it was alledged, that [...]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 [...]ublique, and against the Liberty of the City it self. By the Councel Sexto Iacobi [Page] it was ordained, That as well Citi­zens, as Strangers, should pay, and the King could not grant [...]it to the City; son it is an imposition not al­lowed by the Law, first against Ci­tizens; because although the Ta [...] may be made for the genera [...] good of the City, yet it cannot b [...] imposed or taxed upon particula [...] persons, but upon every House o [...] 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 War [...] of Baynards-Castle. Also the Citi­zens of London shall not pay To [...] in any place of England; and her the Dock stands upon the passage o [...] the City, and every Wharfe is as [...] 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 [Page] 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, [Page] 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 K [...]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 By­law, [Page] 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 By­law, 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 [Page] 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, [Page] 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 [Page] 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 Commonalty for pay­ment of the said sum at a certain day, and thereupon is enlarged.

The four hundred Marks are not paid at the day, whereupon the Mayor and [Page 34] Commonalty affirm a Plaint against him in London for the said Debt. The Defendant obtaineth a Habeas Corpus to remove the body and the cause into the Kings Bench, upon a supposition that he was to have the Priviledge by reason of a Priority of Suit in the Kings Bench, and upon returne of the Habeas Cor­pus, all this matter appeared unto the Court, and it was moved by Sir Henry Mountague, now Lord Chief Justice of the Kings Bench, then one of the Serje­ants of the King and Recorder of Lon­don, that a Procedendo might be granted, whereby the Major, and Commonalty might proceed against him in the Court at London. It being a customary Suit meerly grounded upon the custome of London. But that was denied by Sir Ed­ward Cook Chief Justice, and the whole Court, because by the Law, Chamberlain having cause of Priviledge by reason of the Priority of Suit against him in the Kings Bench, might not be re-manded; but he was to answer in that Court. Whereupon the Major and Common­alty did declare against him upon the said Obligation in the Kings Bench.

[Page 35] Secondly, it was moved that the acti­on upon this obligation might be laid in some indifferent County, and not in London; forasmuch as the Trial there must be had by those that were Parties unto the Action, it being brought by the Mayor and Commonalty. But Sir Edward Cook, and the Court would not upon this surmise take away the benefit which the Law giveth to e­very Plaintiff upon a transitory acti­on, wich is to lay it in whatsoever County he will. And if there be any such cause as is surmised, then after Plea pleaded, he may make an alle­gation, That the City of London is a County in it self, and that all the Ci­tizens there are Parties to the Action which is brought, whereby there may not be an indifferent Trial. And upon this surmise, the Court shall order the Trial to be in a Forreign County. The which was done accordingly: and so the matter proceeded.

The Case of the Merchant-Adventu­rers.

KIng Edward the third, in the year of his reign by Letters Patents doth incorporate certain persons by the name of the Merchants-Adventurers of England, and doth give power unto them to transport white Clothes into di­vers parts beyond the Seas, restrayning them from carrying over Woolls.

The Merchants-Adventurers do trade beyond the Seas and continue the tran­sposing of Clothes white until the 29. of August, in the tenth year of his Ma­jesties Reign that now is. At which time the King by his Letters Pattents doth encorporate the Earl of Sussex late Lord Treasurer of England, Sir Thomas Vavasour, Sir Stephen Soam, William Cock­ayn, and others by the name of The Mer­chants Adventerers of the new trade of Lon­don with full power & authority to tran­sport dyed, and dressed Cloths into divers parts beyond the Seas, with a restraint prohibiting all the Old Merchants-Ad­venturers, [Page 37] which did not joyn them­selves unto this new Company to tran­port any under the forfeiture of them, and also inhibiting the New Merchants from transporting any Clothes but such as are died and dressed. And after three years passed, they having power during that time to transport 36000, white Clothes: And there being a refusal of the Old Merchants Adventurers to sur­render up their Patent; The King bring­eth a Quo Warranto against divers of the Merchants of the old Company by par­ticular names, to know by what War­rant they do without Licence of the King transport Clothes white, undied, and undressed beyond the Seas.

The Merchants upon the return of the Quo Warranto do make their appear­ance; And an Information being exhibit­ed gainst them by Sir Fr. Bacon Knight, now Lord Chancellour of England and then Attorney General unto his Maje­sty, cometh into the Kings Bench, and moveth the Court that the old Merchants Adventurers might have a short day the next ensuing Term, to answer unto the Information exhibited against them. In­somuch, that the new Company of Mer­chants [Page 38] Adventurers standing at a gaze, as being uncertain of what validity the old Patent would be, did slack to trans­plant the Diers, and other Tradesmen out of the Low-Countries into England, being necessary Instruments for the put­ing in Execution of this design, because there were not here in England those that were able to Die and Dress, in that manner that the Low-Country men did. And so there was in the interim a stop of the current of Merchandizing with our Cloth, the which being the principal Commodity that we had here in England; the Fleece that causeth it, may well and aptly have the term of, The Golden Fleece; and there being a stop made of the traffiquing and trading with these clothes, it is as dangerous unto the Po­litique Body of the Commonwealth, as the stop of a Vein could be to the natu­ral Body; for as by the stop of a Vein the Blood is debarred of his free passage, and so of necessity there must be a Con­sumption by the continuance of it fol­low unto the body natural: So traf­fique being the Blood which runneth in the Veins of the Commonwealth, it cannot be but that the hinderance of it [Page 39] by any long continuance, must breed a Consumption unto the State of the Commonwealth; Wherefore, to open this Vein, which was as yet somewhat stopped, and to give a more free passage unto the Blood, he was a Suitor unto the Court, on the behalf of the Compa­ny of the New Merchant-Adventurers, that the Court would give expedition in this Case; for they conceived, that if this new design might take its full effect, as it was intended, it could not be, but of necessity there must a great benefit redound to the Commonwealth.

For first, Whereas our State groweth sick, by reason of the many idle Per­sons 1. Benefits of having Woollen Cloth Di­ed and dressed in England. which have not means to be set on work, this Dying and Dressing of Cloths within our Kingdome, would give suffi­cient imployment unto them all, where­by there should be a cure to the lazy Leprosie, which now overspreadeth our Commonwealth.

Secondly, Whereas now we send out clothes White, and the Low-Country-men 2. receive them of us, and Dye them and Dress them, and afterwards transport them unto forreign parts, making a won­derful benefit to themselves, both in [Page 40] point of profit, and likewise in respect of maintaining their Navy; whereas, if the Clothes were Died and Dressed by our selves, we might reap that matter of gain, and also be Masters of the Sea, by strengthening our selves in our Ship­ping.

Thirdly, Whereas there happeneth 3. often a confiscation of all our Clothes, and much disgrace and discredit lighteth upon our Nation, and our Clothes, by the abuse of the Low-Country-men, in stretching them a greater length than they will well bear, when they Dye and Dress them; now it should be prevent­ed, when they should never have the fin­gering of them, to put that abuse in practice: Wherefore this Patent made by 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 [Page 41] 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, Hill. 12. Jac. Rex K. Bench. 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 [Page 43] 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 Rat. 1. 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.

[Page 44] Secondly, there being a Resumption 2. Past all 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 3. 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 [Page 45] 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 4. 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 Hill. 13. K. Bench. 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 [Page 47] 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 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, Rat. 1. 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 [Page 48] 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 [Page 49] 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 Pasc. 14. Jac. Chan 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 [Page 51] 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 [Page 52] 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 [Page 53] of Covenant brought upon a Covenant by word, without any special­ty, for these be meer Customary acti­ons, which cannot be maintained, but Customa­ry actions to be tried only in the place where the custome lieth. 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 Pasc. 15. Jac. K. Bench. Demesne, as of Fee, of a House, called Green Acre, a Shop, and Ware­house in 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 Upon rent of a Mess. let at an ancient rent of 5. l. per. an. 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 And a fine to be paid by 3 [...]. l. per. ann. 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, [Page 55] 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 te [...]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 [Page 56] order the p [...]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, [Page 57] 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 [Page 58] 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 [Page 59] 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, Quest. 1. according to the course of the Com­mon Law?

Secondly, whether custome can esta­blish 2. 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 3. by the Citizens of London for their houses unto the Ministers of London and how grew the payment?

Fourthly, whether this twenty five 4. 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 5. of fine and income, shall be adjudged to be a rent within the intent and mean­ing [Page 60] of the Statute an Decree, or no?

Sixthly, who shal [...] 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 Quest. 1. What the Parson may by Law de­mand for houses in London? Fitz. Herb. nat. brev. fol. 53. 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 un­ [...]he Heir: and it is a rule in Law that [Page 61] 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 34. Eliz. Dawsons case K. Bench. 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.

[Page 62] As to the second point, which is, whe­ther 2. 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 11. Re­port. sol. 16. Doctor Grants case in the eleventh Re­port.

As to the third point, which is, what 3. What was anciently paid for houses in London to the Par­son. 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 [Page 63] 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 And how these pay­ments grew Niger Bishop of London's Constitu­tion. 13. H. 3. 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 30. E. 3 i. Reign, that the provision made for the 30. L. 3. 3. 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 [Page 64] of 2. sh. 6. d. in the pound, con­tinuing until 13. K. Ric. 2. Thomas A­rundel. Tho Arun Arch-bish. of Cant. 13. R. 2. 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 Pope In­nocent. 5. H. 4. 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. Pope Nich. 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 [Page 65] 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; Linwood, fol. 146. 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 [Page 66] 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 condes [...]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, Submissi­on to the Lord Chancel­lour and Privy-Councel. 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 27. H. 8. 21. cap. [Page 67] of which said Order there was a Decree made 37. H. 8. with some further addi­tions, the which said Decree was con­firmed 37. H. 8. decree, cap. 12. Which decree by the Act ought to have been en­rolled in Chancery in six Moneths; but search hathbeen, and it is not found. 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, 4. Whether the Fine paid, by 25. Per. An. b [...] a rent with­in the words of the de­cree? 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 [Page 68] 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 5. Whether the 25 per­ann. thus Covenan­ted to be paid for fine, be lent with­in the in­tent of the decree? 1. Argu­ments on Ministers part. 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 [Page 69] 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 [Page 70] 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 Argument on the Ci­tizens part. 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 [Page 71] 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, Wa [...]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 [Page 72] 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 [Page 73] 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 3. 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 [Page 74] 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 [Page 75] 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 …

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 [Page 80] 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 [Page 81] 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 [Page 82] the mouth of the Recorde [...], and six Al­dermen had wont to be present at the least, at every such Judgement given; and every Beadle by advise of his Al­d [...]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 Wa [...]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 swo [...]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 [...]ight Pa­tent: And the [...]ques [...] may pass the same day by such common summons of the Beadle if the parties be at Issue, and the Juiors do come; otherwise Process shall be [...] the Jury to come at the next Hust. o [...] Pleas of [...]ard by precept directed from the Major to the Sheriffs, [Page 83] and the Sheriffs shall be ministers by commandement of the Major to serve the Writs, and do the execution of the same, albeit the original be directed to the Major and Sheriffs in common; and you shall understand that as well the Te­nants as Demandants may appoint their Attorneys in such Pleas. And if the De­mandants plead against the Tenants in the nature of a Writ of Right, and he parties come to a Jury upon the meer Right, then shall the Jury be taken of twenty four, in the nature of a grand Assize, as alwayes the custome requi­reth, that six of the Ward be of the Ju­ry of twenty four. And the Tenants in all such Writs may vouch to warrant within the said City, and also in For­reign County, if the Vouchers be not Tenants within the same City. And if the Tenants in such Writs vouch to war­rant in Forreign County; In this Case Process cannot be made against the Vou­cher by the Law of the City; Then shall the Record be brought before the Justices of the Common Pleas at the suit of the Demandant, and then Process shall be made against the Vouchee; And when the Voucher shall be ended in the same [Page 84] Court, then all the Parol shall be sent back again into the Hust. to proceed further in the Plea according to the cu­stome of the City, and certain Statutes. And also if the Tenants in such Writ plead in Bar by release, bearing date in Forreign County, or Forreign mat­ter be pleaded that it cannot be tryed within the City, then the Defendant shall cause the Process to come into the Kings Court, to try the matter there where it is alleadged, as the matter is there found, the proceeding shall be sent back again into the Hustings to proceed further therein, as the Case re­quireth; And all that time the Suit shall cease in the Hust. as hath been hereto­fore: And also it hath been heretofore accustomed that a man may say in Ha­stings of Pleas of Land to have executi­on of Judgement given in Hust. in na­ture of Scirefacias without Writ. And you must note that any such Summons made to the Tenants in a Writ of right Patent is made two or three days be­fore such Hust. or the Sunday next be­fore the same Hust.

If Erroneous Judgement be given in the Hustings of London before the Major Error Fitzz. 23. S. [Page 85] and Sheriffs, it shall be reserved by Com­mission out of the Chancery directed to certain persons to examine the Record and Process.

If Erroneous Judgement be given be­fore the Sheriffs in London, the Defen­dant Fitzz. 24. S. may sue a Writ of Error before the Mayor and Sheriffs in the Hustings.

Hustings of Common Pleas

IN Hust. of Common Pleas are plead­able Writs called Ex gravi querala, to have execution of the Tenants out of Te­staments, which are enrolled of Record in the Hust. Writs of Dower, unde nihil habet, Writs of Gavelets of Customes and Services instead of Cessavit, Writs of Er­ror of judgment given before the Sheriffs, Writs of Waste, Writs of Participatione fa­ciend. among partners, Writs of Quid juris clamat & per quae servitia, and other the Writs which are closed & directed to the Mayor and Sheriffs, and also Replegiaries of for goods and distresses wrongfully taken. These are pleadable before the Mayor and Sheriffs, in these Hust. of Common Pleas by plaint without Writ; And not as before, that the Sheriffs are Ministers to do the office of ferving [Page 86] these Writs and Replegiaries by the Ma­jors Preceps directed to the same Sheriffs.

And the Process is thus.

FIrst, in the Writ of Ex gravi quere­la, warning before hand shall be gi­ven to the Tenants two or three dayes before the Hust. or the Sunday be o [...]e, as in Plea of Land; And so shall be done of all other Summons touching the same Hust. And if warning be given and te­stified by the Sheriffs or his Ministers, the Tenants may not be essoyned; and if the Tenants make default at the same warning testified; then the Grand Cape shall be awarded; And if they appear, they may be essoyned at the view. And hereupon all other Process are made plainly, as is said in a Writ of Droit Pa­tent in the Hust. in a Plea of Land.

In a Writ of Dower, unde nihil habet, the Tenants shall have at the beginning three Summons and one Essoyn after the three Summons, and after these shall have the view, one Essoyn and the Te­nant in such Writ of Dower shall have the view, although they enter by the [Page 87] husband himself demanding the same, albeit he died seized; and also the Te­nants may vouch to warranty, and after be essoyn [...]d after every appearance; and all other Process shall be made as in a Writ of right in the Hust. of Pleas of Land aforesaid: And it the Demandant recover Dower against the Tenant by default [...]o by judgement in Law in such Writ or Dower; And the same wife of the Demand [...]nt alledgeth in Court of Record that her husband died seized; Then the Major shall command [...]he Sheriffs by Precept, that they cause a Ju­ry of the vi [...]inity where the Tenants l [...]e against the next Hust. of Common Pleas to enquire if the husband died seized, and of the value of the [...]enements and of the damages; and [...] recover by ver­dict the damages shall be enqui [...]ed by the same J [...]y.

In a Writ of Gavi [...]et, the Ten [...]nts shall have three [...] and three Es­soynes, and they also shall have tha [...] view, they may vouch to [...] and Forreign. And they shall be essoyned and shall have other exceptions, and all other Process shall be made as in a Writ of Right, &c. But if the Tenant [Page 88] make default after default, then the De­fendant shall have Judgement to reco­ver and hold for a year and a day, upon this condition, that the Tenant may come within the same year and a day, then next following, and make agree­ment for the Arrearages, and find Sure­ty, as the Court shall award, to pay the rent, or the services faithfully from thenceforth, and shall have again his Te­nements; and within the same year and day, the Tenant may come in Court by Scire fac. and shall have again his Te­nements, doing as aforesaid; and if the Tenant come not within the year and the day, as is aforesaid, then after the year and the day, the Defendant shall have a Scire fac. against the Tenant to come and answer, whether he can say any thing why the Defendant ought not to recover the Tenements quite and clearly to him and his Heirs for ever; and if the Tenant come not to shew what he can say, then Judgement shall be given, that the Defendant shall quite recover the Land for ever, according to the Judge­ment, called Shartford by custome of the same City.

In a Writ of waste, process shall be [Page 89] made against the Tenants by Summons, Attachment, and distress, according to the Statute in that behalf made; and if the Tenant come and plead, then he shall have an Essoyn, and so after eve­ry appearance; and if he make default at the Grand Distress, then shall Com­mandment go to the Sheriff by the Mayors precept, that the Sheriff shall come to the place wasted, and shall en­quire of the waste and damages accord­ing to the Statute, and that they return the same at the next Hust. of Common Pleas, and the Plaintiff shall recover the place wasted, and the treble damages by the Statute.

In a Writ of Error of Judgement, gi­ven in Court before the Sheriffs in Acti­ons personal, and in Assizes of Novel Desseizen or Mortdanc. taken before the Sheriffs and the Mayor, shall make a Warrant to the Sheriffs, to cause the Record and Process to come at the next Hust. of the Pleas, and that they cause the parties to be wa [...]ned to hear the Record, and after the Record and Process be in the Hust. although the Defendant come by warning, or make default, the Errors shall be assigned, [Page 90] and there the Judgement shall be affirm­ed or reserved, as the Law requireth: And it is to be noted, that by custome of the same City, that when a man is con­demned in debt, or attaint of dama­ges, in any action personal before the Sheriffs, and bringeth such a Writ of Error he which b [...]ingeth the Writ, must before he be delivered out of Prison, find sufficient Sureties of men resident within the City to be bo [...]nd before the Mayor and Sheriffs to pay the money or to being in the body taken in case the Judgment be affirmed; and in like sort is to be done where damages are reco­vered in Assize before the Sheriffs and Coroners.

In a Writ of Replegiari, the process is such, that if any one take a Distress or other sole thing within the said City, he which oweth the goods, may come to one of the Sheriffs, and shall have a Minister at the Commandment of the Court to go to the party that took the goods, and if he may have the view to praise them by two honest men, and then shall a plaint be made in the Sheriffs pa­per-Office in this wise. T. S. queritur versus I. L. de averus suis injuste Capt. in [Page 91] Dominio suo vel in libero Tenemento suo in [...]arochia Sancti &c. And the same party shall then find two sufficient Sureties, to sue and make return of the Goods, or the p [...]ice thereof, in case the return be awarded, and so shall have delive­rance; and the Parties shall have a day prefixed at the next Hust. of Common Pleas, and then at the next Hust. of Common Pleas, the Sheriff shall make a Bill containing all the matter and the plaint, and shall carry the Bill to the same Hust. and there it shall be put up­on the file, and the parties shall be de­monded at what day the one or the o­ther may be essoyned of the common Essoyn; and if that day the Plaintiff maketh default, return shall be awarded to the Avowant, and return in such case is awardable three times by the custome of the City, and the third time not re­prisable; and at that time the Avowant maketh default, then it shall be award­ed, that the goods remain to the Plain­tiff; viz. that the goods remain without any recovering; and if it be that the Sheriff cannot have view of the Distress taken, then he shall certifie it into the said Hust. and there shall be awarded [Page 92] the Wetherum, and upon that, process shall be made; and if the parties come, and Avowry be made, and pleaded to the Judgement, or to the Issue of the inquest, then shall Judgement be given, or process, to cause the Jury to come, as the case requireth, and the parties may be Essoyned after appearance; and if the party claim property in the Di­stress, and then certifie the same in the Hust. and the process shall be made by precept made to the Sheriff to try the property, &c. And although the party be essoyned of the Kings service in a Re­plegiare, and at the day that he hath by Essoyn, make default; or bringeth not his Warrant, he shall not be cleared of damage.

In a Writ of Particepat faciend to make partition between Parceners of the Te­nants in London; the Writ closed, shall be directed to the Mayor and Sheriffs, containing the matter according to the form of such Writ, and the parties shall be warned by precept from the Mayor directed to the Sheriff, and the Tenants may be essoyned and if they come, they may plead their matter; and if they make default, the Writ of Partition shall [Page 93] be awarded by default; and every Beadle of the said City, by the advise of his Al­derman against every Hust. of Common Pleas, shall cause to be summoned twelve men, being Free-holders, of the best and most sufficient of his Ward, to come to the Guild-Hall aforesaid, and to pass in Juries, if need be, if there be so many men landed in the said Ward; and the Juries shall be taken, as before is said in the Hust. of Plea of Land.

And note, that Writs of Exigent are taken out of the Hust. as well in Hust. of Common Pleas, as of Pleas of Land, but those Exigents that are taken in the one Hust. are not to be sued in the o­ther Hust. and at the fifth Hust. the Ut­laries and Weyneries shall be given in full Hust. before the Mayor and Alder­men by the mouth of their Recorder; and also all Judgements which are given in the Hust. shall be given in the same manner and the Exigent after every Hust. shall be enrolled, and sent into the Chamber of the Guild-Hall afore­said.

And you must note, that all Amercia­ments incident to the said Hust. pertain to the Sheriffs of the said City; and that [Page 94] the Aldermen of London shall be su [...] ­moned to come to the Hust. and oug [...] by custome of the City to be summon by one of the Sheriffs Officers, sitti [...] upon a horse of a C. s. price at least.

Assize of Mort d'Ancest. in Lon­don.

THe Assizes of Mort d' Ancest. a [...] holden and determinable before the Sheriffs and Coroners of London, o [...] the Saturdayes, from fourteen days t [...] fourteen days at the Guild Hall, for which the Process is this viz. he that wil [...] have such Assizen, shall come in the Hust. or into the Assembly of the Mayo [...] and Aldermen in the Chamber of the Guild Hall, any Munday, as is said in the Assize of fresh force, and shall make a Bil [...] containing the form of the Assize o [...] Mort d'ancest according to the case, an [...] that Bill shall be enrolled, and after the common Clerk shall make another B [...] containing all the matters of the fin [...] Bill, making mention of the title of the Hust. or of the day of the assembly of the Mayor and Aldermen, and this Bill shall be sent unto the Sheriffs, or either o [...] [Page 95] them to serve, according to the custom; and whi [...] Bill shall be served by any Serjeant or other Minister of the She­riffs viz. the land Serjeant the Wednes­day next 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 Recogni [...]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, [Page 96] 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 [Page 98] 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, [Page 99] 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 [Page 100] 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; [Page 101] 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 [Page 102] 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 open [...]y to be kept in the Kings name, and of the City upon that penal­ty set down, and shall levie all those pe­nalties [Page 103] 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 [Page 104] 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 [Page 105] to his Wife for any higher E­state, This is now alter­ed by the Stat. of 32. H. 8. ca. I. of Wills. 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 [Page 106] 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 [Page 107] 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; [Page 108] 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, [Page 109] 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 [Page 110] 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 [Page 111] 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 a­another 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 [Page 112] 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.

[Page 113] 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 [Page 114] 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 enrolled of Record before the Cham­berlain of the Guild-Hall, and such Ap­prentice may bind himself, or his friends may put him to a Trade by their In­denture, if he be of convenient age, at the discretion of the Chamberlain, or Mayor and Aldermen, if need be. And no Apprentice by custome of the said City may be bound for less term then seven years, and the Indenture must be enrolled within a year after the making thereof upon a certain penalty set down. And after that such Ap­prentice hath well and sufficiently ser­ved his term, he shall be made a Free­man of the said City without other redemption, whereas no other may come by the Freedome without redemption, except those which are born within the said City of what country soever they be under the obeysance of out Sovereign Lord the King, by custome of the said City are also Free by their [Page 115] birth, having respect to the Priviledges of the Freedome; As those which have been Apprentices or otherwise been made Free by redemption; and Women under Covert Bath using certain Crafts within the City by themselves, without their Husbands may take Maides to be their Apprentices to serve them, and teach them their Trade, which Appren­tices shall be bound by their Indenture of Apprentiship to the Husband and the Wife, to learn the Wives Trade as is aforesaid. And such Indenture shall be enrolled as well as the other. And note, that any one having such Apprentice, may sell and devise his said Apprentice to whom he will being of the same Trade, as well as his Chattel.

Item, the Thames-water so far as the bounds of the Freedom of the City doth stretch, is parcel of the City. And the same Water and every Appurtenances within the said Franchize, hath alwayes been governed by the same City as par­cel of the same City, as well the one part of the Water as the other. And the Sheriffs of London for the time be­ing, have alwayes used to do arrests and executions at the suit of the parties in [Page 116] the said Water of Thames, viz. from the East-side of the Bridge of London to Re­colv. and from the West part of London. Bridge to Stanes Bridge.

Item, the Sheriffs of London ought by custome of the City to have the forsei­ture of all Fugitives and Felons goods whatsoever, as well within the said City, as the Water of Thames, in and of their Farm which they pay yearly to the King.

Item, by custome of the City no attaint is maintainable nor lieth within the Ci­ty.

Item, by Ancient custome of the same City, no man dwelling within the same City, can be taken nor led out of the City by colour or claim of villenage, before the matter be discussed by order of Law.

Item, if a Freeman of the said City coming or going with merchandize else­where, out of the same City, be constrain­ed to pay Toll or other custome, or that his Goods be arrested or carried away wrongfully without reasonable cause and not delivered again by the Go­vernour of the Town when complaint in made, and it be sufficiently testi­fied [Page 117] by credible men, then if afterwards the Goods or Merchandizes of him that did the wrong, or the Goods or Merchandizes of any other of the same Town where the wrong was done, be found within the City of London, it is the custome at the suggestion of the property to arrest such Goods and Mer­chandizes by the Officers of the City, and to detain them in the name of a Wi­thermam until agreement be made with the said Freeman for his damages su­stained in that behalf, except always rea­sonable answer be alledged by one other party.

Item, the Citizens of London in an­cient time ordained a House called the Tonne in Corn-hill, whereunto the Con­stables, Beadles, and other Officers, and men of the City did accustome to bring Trespassours of the Peace, married men and women found in Adultery, and Chaplains, and other Religious men found openly, with common women, or married women in suspicious places, and after to bring them before their Ordi­naries.

Item, the City of London hath co [...]u­sance of Pleas by the Kings Chartes, [Page 118] and the use is, that no Freeman of the said City shall implead another Free­man of the same City, elsewhere then in the same City, where he may recover within the said City, upon pain of losing his Freedome.

Inem, he which is Mayor of London for the time shall have an Hanap, o' or a Golden Tanker at the Coronation of every King, with other priviledges be­longing to the said Mayor and City, at such Coronation of the King by ancient custome of the same City.

Item, the customes is that the Kings chief Butler shall be chief Coroner of the City of London, which Coroner useth by Writ to substitute another in his place, who is called Coroner before whom the Indictments, and Appeales within the said City are ta­ken, and in whose name the Records are made; and all the Indictments, and Appeals within the said City are taken before the two Sheriffs and Co­roners joyntly; and the Juries taken for the death of any man upon view of the Corps, are gathered out of the four Wards neerest, and summoned by the Beadles of the same Wards; [Page 119] and all other Juries to be taken, before the Sheriffs and Coroners in common, ought to be taken and summoned by the Sheriffs and their Officers.

Item, heretofore where any Thief in New-Gate did appeal another Thief being in another Goale, that Thief in the other Goal is to be sent by Writ unto New-Gate to answer to the same Appeal, and to be at his delivery there. And in the same sort if a Thief being in another Goal do appeal another being in New-Gate, or any other within the said City, the same apeallated must be brought by Writ to the same Goale of New-Gate, to main­tain his said Appeal. And no Thief being in New-Gate taken with the manner, ought to be sent elsewhere with the manner for his deliverance but only to have his deliverance, be­fore the Mayor of London, and other Justices assigned for the said Goal of New-Gate.

Item, because the Burrough of Southwork, and place of common Stewes on the other side of the Water of Thames, are so hurtful to the Ci­ty of London, and Theeves, and other [Page 120] malefactours are often coming thither, and many times after their Thefts, and Fellonies done within the said City, they fly and retire out of the same City unto the Stewes, and into South­wark, out of the Liberties and Power of the City, and remain there doing mis­chief, watching their time to come back and do mischief, there the Officers of the said City have used always to pursue, and search such Theeves and ill doers in the same Stewes and Town of South-wark, as well within the Li­berty as without, and bring them to New gate, to stay there for their de­liverances, before the Justices as well for open suspition, as at the Suit of the party.

Item, the Prisoners which are con­demned or arrested within the said City, and are committed to Prison at the Suit or the party; and afterwards are sent by Writ to the Exchequer or any other the Kings places with their Causes, the same Prisoners after they are delivered in the Kings Court, ought to be sent to the said City to answer to the parties, and stay there for their deli­verance.

[Page 121] Item, those which have Tenements within the said City, shall not be suf­ferd to strip or waste their Tenements Demeasne, nor to pull them down in deforming or defacing of the City, unless it be to amend them, or build them up again, and any that doth it, or beginneth to do it, shall be punish­ed by the Mayor and Aldermen for the offence, according to the custome of the City.

Item, if Walls, Penthouses, or other Houses whatsoever within the said Ci­ty stretching to the High street, be so weak or feeble, that the People passing by mistrust the peril of some suddaih Ruine, then after it is certified to the Mayor and Alderman by Mason, and Carpenter of the City sworn, or that it be found in the Wardmore that the danger is such, then the same Mayor and Aldermen shall cause the parties to be warned to whom the same Tene­ments belong, to amend them, and re­pair them so soon as conveniently he may; and if after such warning they be not amended, nor begun to be a­mended within fourty dayes then next following, then shall the said Tene­ments [Page 122] be repaired and amended at the cost and charges of the said City, untill the costs be fully levied of his Goods and Chattels or other his Tenements if [...]eed be.

Item, if any House be found within the said City, or the Suburbs of the same, covered with Straw, Reed, or Thatch, he to whom the House belongeth, shall pay to the Sheriffs for the time being fourty shillings, and shall be compelled to take away the same cover­ing.

Item, if any House within the said City be burning, so that the flame of the Fire be seen out of the House, he which dwelleth in the said House shall pay to the Sheriffs forty shillings in a red Purse.

Item, the Mayor, Aldermen and Sheriffs, and all other Officers and Ministers of the said City are to be chosen by the same City; viz. At the time, when the Mayor should be cho­sen the commons of the same City shall by custome be assembled in the Guild Hall, and the same commons shall make election of two honest men of the said City, of whom the [Page 123] one shall be Mayor, and the names of the said two honest men shall be car­ried before the Mayor and Aldermen which are for the time within the Chamber of the Guild-Hall; And then the one of them shall be chosen to be Mayor by the said Mayor and Alder­men by way of Screame, and the said Mayor so newly chosen the mor­row after the Feast of Simon and Iude, shall be presented before the Bacons of the Exchequer at Westmin­ster, or in their absence to the Consta­ble of the Tower, and afterwards shall be presented to our Sovereign Lord the King himself, according to the con­tent of the Charter of the said Ci­ty, and the said Mayor shall have the Government of the said City under the King for the year following, and the said Mayor shall take fifty Marks a year for the of Co [...]n and fifty Marks in time of Peace of the Mer­thants of Anzens, Corby, and Neele, according to the ancient Orders there­upon made; and every Mayor shall hold his general Court at the Guild Hall the Munday after the Feast of the Epi­phany, and then shall be assembled, [Page 124] all the Aldermen of the same City, and all the Constables, Scavengers, and Beadles shall be sworn anew, well and faithfully to do their office, during the time they shall be Officers, and the Wardmotes held by the Alder­men, and the default found, shall be then delivered up by the said Aldermen in writing, and the default found in the Wards shall be enquired and exa­mined, and the Mayor for the time being, by custome of the same City, for maintainance of the Peace, and for the quiet of the City, hath autho­rity to arrest and imprison the distur­bers of the Peace, and other male­factors, for rebellions, or lewd expen­ces, and other defaults, according to their discretion, without being appeach­ed, or afterwards impleaded for the same.

Item, No Mayor shall be chosen with­in the said City, before that he hath been Sheriff of the same City a year be­fore,

Item, The Mayors of London which have been for the time, are accusto­med [Page 125] to have their Sword born upright before them within the said City, and without the putting the same down in the presence of any, except the King, and that Sword is called the Kings Sword.

Also the Sheriffs of London are cho­sen by custome of the said City, on St. Matthews day in the Guild-Hall, viz, the one shall be chosen by the Mayor, and the other by the Commons, and the said Sheriffs shall afterwards be sworn within the said Guild-Hall, and the morrow after St. Michal, present­ed into the Exchequer by the Constable of the Tower, according to the form of the Charter of the City, as is aforesaid; and the same Sheriffs shall have Free E­lection of all their Officers, and of their Farmours and Bayliffs, as well within the City as the County of Middlesex, and of the Goalers of the Prisons with­in the said City at their will, and the same Sheriffs pay, and are Accomptants yearly to the Kings Exchequer, for the Farm of the said City and County of Middlesex, according to the form of the said City and Charter; and by rea­son [Page 126] of that Farm, the said Sheriffs ought to have the ancient Tolls and Customes of Merchandizes coming into the City, and going out of the same; and Forfei­tures, Fines, and Amerciaments, and all other commodities of ancient time be­longing to their Office: And no Mer­chandizes shall pass out of the City by Land nor by Water, by Cart, Horse, nor Portage by men, without a Warrant seal­ed by the said Sheriffs; and Forreigners must pay for their Issue, according to the ancient custome.

Item, The Aldermen every year are elected at the Feast of St. Gregory, and sworn, and presented to the Mayor, and the said Aldermen are chosen by men of the same Ward, which Aldermen ought to keep their Wardmotes.

Item, Upon the death of the Alder­man of any Ward, the Inhabitants in the Ward are to chuse a new Alderman for their Ward, whom they think good, and are to certifie the Lord Mayor of their choice, who is to declare the same to the Court of Aldermen at their next meeting, and then to give the Ward no­tice [Page 127] of their liking of the choice; but if it be an easie and quiet Ward, then by order, either the Lord Mayor, or eldest Knight on the Bench, is to have the same Ward, as Alderman thereof; yet the Election is in the Ward absolute of them­selves, whom they will chuse.

THE COMMISSION AND ARTICLES OF THE WARD-MOTE INQUEST, By the MAYOR.

To the Alderman of the Ward.

1. VVE charge and command you, Ward-mote, In­quest for a year. that upon St. Thomas the Apostle next coming, you do hold your Ward-mote, and that you have afore us at our general Court of [Page 130] Aldermen to be holden in the Guild-Hall, the Monday next after the Feast or the Epiphany next coming, all the defaults that shall be presented afore you by Inquest in the said Ward-more, and the said Inquest shall have full Pow­er and Authority by one whole year to inquire and present all such defaults as shall be sound within your said Ward, as oftentimes as shall be thought to you expedient and needful, which we will shall be once every moneth at the least.

2. And if it happen any of your said Inquest dying. Inquest to die, or depart out of your said Ward within the said year, that then in place of him or them so dying or departing out of your said Ward, you cause to be chosen one able person to in­quire and present with the other in man and form aforesaid.

3. And that at the said general Court, you give afore us the Names and Sur­names Non ap­pearance. of all them of your said Ward, that come not to your said Ward-more, if they be duely warned, so that due re­dress and punishment of them may be had, as the case shall require according to the Law.

[Page 131] 4. And that yea do provide, that at Watch, Light, Visard. all times convenient, covenable Watch be kept: and that the Lanthornes with Light by Nightertaile in old manner ac­customed, be hanged forth, and that no man go by Nightertaile without Light, nor with Visard, on the peril that belongeth thereto.

5. And also that you do cause to be Common Councel. chosen, men of the most sufficient, honest, and discreet men of your said Ward, to be for your said Ward of the Common Councel of this City for the year ensuing, according to the custome in that behalf yearly used. And also that you do cause the said Men so to be cho­sen to be of the Common Councel, to be sworn before you and in your presence, according to the Oath for them used, and of old time accustomed, the Tenor of which Oath hereafter ensueth.

The Oath.

YE shall swear, that you shall be true to our Soveraign Lord the King that now is, and to his Heirs and Successours Kings of England, and readily ye shall come when ye be sum­mmed to the Common Councel of this Ci­ty, but if ye be reasonably excused, and good and true Councel, ye shall give in all things touching the Commonwealth of this City, after your wit and cunning: and that for favour of any person ye shall maintain no singular profit against the common profit of this City, and after that you be come to the Common Councel, you shall not from thence depart until the Com­mon Councel be ended without reasonable cause, or else by the Lord Mayors Li­cense. And also, any secret things that be spoken or said in the Common Councel which ought to be kept secret, in no wise you shall disclose as God you help.

And that together with the said Oath of their Office, you administer to the said persons that shall be chosen of the Com­mon [Page 133] Councel, the Oaths of Suprema­cy and Allegiance, and the other Oath hereafter following.

I A B Do utterly testifie and declare in my Conscience that the Kings Highness is the onely Supream Governour of this Realm; and of all other his Highnesses Dominions and Countries, as well in all Spiritual or Ecclesiastical things or causes as Temporal; And that no forreign Prince, Person, Prelate, State or Potentate, hath or ought to have any Iurisdiction, Power, Superiority, Preheminence, or Authority, Ecclesiastical or Spiritual within this Realm: And therefore I do utterly re­nounce and forsake all forreign Iurisdicti­ons, Powers, Superiorities and Authorities, and do promise that from henceforth, I shall bear Faith and true Allegiance to the Kings Highness, his Heirs and lawful Successours, and to my Power shall assist and defend all Iurisdictions, Priviledges, Preheminences and Authorities, granted or belonging to the Kings Highness, his Heirs and Successours, or united and an­nexed to the Imperial Crown of this Realm. So help me God, and the contents of this Book.

I AB Do truely and sincerely acknow­ledge, profess, testifie and declare in my Conscience before God and the World, that our Soveraign Lord King Charles is law­ful and rightful King in this Realm, and of all other his Majesties Dominions and Countries: and that the Pope, neither of himself, nor by any Authority of the Church or See of Rome, or by any other means with any other, hath any Power, or Authority to depose the King, or to dispose any of his Majesties Kingdomes, or Domi­nions, or to authorizo any forreign Prince to invade or annoy him or his Countries, or to discharge any of his Subjects of their Allegiance and Obedience to his Majesty, or to give License or leave to any of them to bear Arms, raise Tumults, or to offer any violence or hurt to his Majesties Royal Person, State or Government, or to any of his Majesties Subjects within his Maje­sties Dominions. Also I do swear from my Heart, that notwithstanding any De­claration or Sentence of Excommunication or Deprivation made or granted, or to be made or granted by the Pope, or his Suc­cessours; or by any Authority derived, or [Page 135] pretended to be derived from him or his See, against the said King, his Heirs or Successours, or any Absolution of the said Subjects from their Obedience; I will bear Faith and true Allegiance to his Ma­jesty his Heirs and Successours, and him and them will defend to the uttermost of my power, against all Conspiracies and At­temps whatsoever, which shall be made a­gainst his and their Persons, their Crown and Dignity, by reason or colour of any such Sentence or Declaration, or otherwise; and will do my best endeavour to disclose, and make known unto his Majesty, his Heirs and Successours, all Treasons and traiterous Conspiracies, which I shall know, or hear of to be against him or any of them. And I do further swear, that I do from my Heart abhor, detest and abjure, as Impious, and Heretical, this damnable Doctrine and Position, that Princes which be excommunicated or deprived by the Pope, may be deposed or murthered by their Subjects or any other whatsoever, And I do beleive, and in Conscience am resolv­ed, that neither the Pope, nor any person whatsoever hath power to absolve me of this Oath, or any part thereof, which I acknowledge by good and full Authority [Page 136] to be lawfully administred unto me, and do renounce all Pardons and Dispensations to the contrary. And all these things I do plainly and sincerely acknowledge and swear, according to these express words, by me spoken, and according to the plain and common sense and understanding of the same words without any Equivocation or mental Evasion, or secret Reservation whatsoever; And I do make this Recog­nition, and Acknowledgement heartily, willingly and truely, upon the true Faith of a Christian. So help me God, &c.

I. A. B. Do declare and believe that it is not lawful, upon any pretense what­soever to take Arms against the King; And that I do abhor that traiterous Positi­on, of taking Arms by his Authority a­gainst his person, or against those that are Commissioned by him. So help me God.

And farther, that you likewise Ad­minister to the same persons that shall be so elected of the Common Council, to be by them subscribed, the ensuing Declaration.

I. A. B. Do declare, that I hold there is no Obligation upon me or any other per­son from the Oath commonly called the solemn League and Covenant. And that the same was in it self an unlawful Oath, and imposed upon the Subjects of this Realm against the known Laws and Li­berties of the Kingdome.

For that otherwise, if the said per­sons, or any of them, that shall be elect­ed as aforesaid of the Common Coun­cil shall not take the said Oaths, and subscribe the said Declaration, their E­lection and choice is by the late Act of Parliament, for the governing and regulating of Corporations, enacted and declared to be void.

6. And that also in the said Ward­mote, you cause to be chosen certain Consta­bles, Sca­vengers, Beadle, Raker. other honest persons to be Constables, and Scavengers, and a Common Beadle, and a Raker to make clean the Streets and Lanes of all your said Ward, accord­ing to the custome yearly used in that be­half, which Constables have, and shall [Page 138] have ful power and authority to distrein for the Sallery and Quarterage of the said Beadle and Raker, as oftentimes as it shall be behind unpaid.

7. Also, that you keep a Roll of the Names, Sur-names, Dweling-places, Roll of names. Professions and Trades of all persons dwelling within your Ward, and within what Constables Precinct they dwell, wherein the place is to be specially no­ted by the Street, Lane, Alley, or Sign.

8. Also that you cause every Consta­ble Constable Roll. from time to time to certifie unto you, the Name, Sur-name, Dwelling-place, Profession, and Trade of every person who shall newly come to dwell within his Precinct, whereby you may make and keep your Roll perfect: and that you cause every Constable for his Precinct to that purpose to make and keep a perfect Roll in like manner.

9. Also, that you give special charge, Inholder, Lodger, Sojourner that every Inholder, and other person within your Ward, who shall receive any person to lodge or sojourn in his House above two dayes, shall before the third day after his coming thither, give knowledge to the Constable of the [Page 139] Precinct where he shall be so received, of the Name, Sur-name, Dwelling-place, Profession, and Trade of life, or place of Service of such person, and for what cause he shall come to reside there: and that the said Constable give present notice thereof to you: and that the said Inholder lodge no suspected per­son, or Men or Women of evil name.

10. Also that you cause every Con­stable Search. New-co­mers. within his Precinct, once every Month at the farthest, and oftner if need require, to make diligent search and inquiry, what persons be newly come into his Precinct to dwell, so­journ, or lodge: and that you give special charge that no Inholder or o­ther person, shall resist or deny any Constable, in making such search or inquiry, but shall do his best endeavour to aid and assist him therein.

11. And for that of late there is Frank­pledge. more resort to the City, of persons e­vil affected in Religion, and otherwise than in former times have been: You shall diligently inquire if any man be received to dwell or abide within your Ward by the space of one year, being [Page 340] above the age of twelve years, and not sworn to be faithfull and loyal to the Kings Majesty, in such sort as by the Law and Custom of the City he ought to be.

12. To all these purposes the Beadle of every Ward shall imploy his dili­gence, Beadle. and give his best furtherance.

13. Also that you have special re­gard that from time to time, there be Fire. convenient provision for Hooks, Ladders, and Buckets, in meet places within the several Parishes of your Ward, for a­voiding the peril of Fire.

14. Also that the Streets and Lanes of this City be from time to time kept Streets. clean before every Church, House, Shop, Ware-house, Door, dead Wall, and in all other common passages and Streets of the said Ward.

15. And where by divers Acts of Common-Councel, aforetime made Hucksters of Ale and Beer. and established for the Common-weal of this City, amongst other things it is or­dained and enacted, as hereafter ensueth.

Also it is Ordained and Enacted, That from henceforth no Huckster of Ale or Beer, be within any Ward of the City of London, but honest persons, and of good name and fame, and so taken and [Page 341] admitted by the Alderman of the Ward for the time being, & that the same Hucksters do find sufficient Surety afore the Maior and Alderm. for the time being, to be of good guiding and Rule: and that the same hucksters shall keep no bawdry, nor suffer no Lechery, Dice-playing, Carding, or any other unlawfull games, to be done, exercised, or used within their Houses: and to shut in their Doors at nine of the Clock in the night from Michaelmass to Easter, and from Easter to Michaelmass at ten of the Clock in the night, and after that hour sell none Ale or Beer. And if any Huckster of Beer or Ale after this Act published and Proclaimed, sell any Ale or Beer within any Ward of the City of London, and be not admitted by the Alderman of the same VVard so to do, or find not sufficient surety as it is above rehearsed, the same Huckster to have Imprisonment, and make fine and ran­some for his contempt, after the discre­tion of the Mayor and Aldermen: and also that the said Hucksters suffer no man­ner of common eating and drinking within their Cellers or Vaults contrary to the ordinance thereof ordained and [Page 142] provided, as in the said Act more plain­ly appeareth at large: we charge you that you do put the same in due execu­tion accordingly.

16. And also that ye see all Tiplers and other Cellars of Ale or Beer, as well Measures Scaled. of privy Osteries, as Brewers and In­holders within your Ward, not selling by lawful measures sealed and marked with the City Arms or Dagger be pre­sented, and their Names in your said In­dentures be expressed, with defaults, so that the Chamberlain may be lawfully answered of their Amerciaments.

17. And also that you suffer no Alien or Son of any born an Alien to be of the Strange born. Common Councel, nor to exercise or use any other office within this City, nor receive or accept any person into your Watch, privy or open, but En­glishmen born: and if any Stranger born out of this Realm, made Denizen by the Kings Letters Patents, or any other af­ter his course and lot be appointed to a­ny Watch, that then ye command and compel him or them to find in his stead and place one Englishman to supply the same.

18. And also, that you cause an ab­stract [Page 143] of the Assize appointed by Act of Parliament, for Billets and other Fire­wood to be fair written in Parchment, and to be fixed or hanged up in a Table in some fit and convenient place in every Parish within your Ward, where the common people may best see the same.

19. And furthermore we charge & com­mand Streets. you, that you cause such provision to be had in your said Ward, that all the Streets and Lanes without the same Ward, be from time to time cleansed and cleerly voided of Ordure, Dung, Mire, Rubbish and other filthy things whatsoever they be, to the annoyance of the Kings Majesties subjects.

20. And also that at all times as you Vaga­rants. shall think necessary, you do cause search to be made within your said Ward, for all vagarant Beggars, suspitious and idle peo­ple, and such as cannot shew how to live, and such as shall be sound within your said Ward, that you cause to be pu­nished and dealt with according to the Laws and the Statute in such case or­dained and provided.

21. And also we will and charge you Jury­men. the said Alderman, that your self cer­tifie and present before us, at the same [Page 144] general Court to be holden the afore­said Monday next after the Feast of Epi­phany, all the Names and Surnames true­ly written of such persons within your said Ward, as be able to pass in a grand Jury by themselves: and also all the Names and Sur-names truly writen of such persons, being and dwelling within your said Ward, as be able to pass in a petty Jury, and not able to pass in a grand Jury by themselves, that is to say every grand Jury man to be worth in Goods an hundred Marks, and every pet­ty Jury man forty Marks, according to an Act in that case made and provided: and the same you shall indorce on the backside of your Indenture.

22. Item, for divers reasonable and Harlots. urgent considerations, us especially mov­ing, we straightly charge and command you on the King our Soveraign Lords behalf, that you diligently provide and foresee, that no manner of person or persons within your said Ward, of what condition or degree soever he or they be of, keeping any Tave [...]n or Alehouse, Ale Cellat, or any other Victualing house or place of common resort to eat and drink in, within the same Ward permit, [Page 145] or suffer at any time hereafter any com­mon women of their Bodies, or Har­lots to resort and come into their said House, or other the places aforesaid, to eat or drink, or otherwise to be conver­sant or abide, or thither to haunt or frequent, upon pain of imprisonment, as well of the Occupier and Keeper of eve­ry such house or houses, and all other the places afore remembred, as of the said common women, or Harlots.

23. Also, that you do give in charge to the Ward-more Inquest of your Ward, Articles all the Articles delivered to you here­with. And that you have a special care of keeping the Peace and good order dur­ing your Ward-mote, and if any offend herein, you Fine or punish him and them according to Law. Not failing hereof, as you tender the Common Weal of this City, and advancement of good Ju­stice, and as you will answer for the con­trary at your uttermost peril.

An Act for the Reformation of divers Abuses, used in the Ward-mote Inquests.

VVHereas the Ward-more In­quests, within the several Com­mons, Dinners, Banquet­ting. Wards of this City, for the mainte­nance of honesty, vertue, and good living and for the abolishment, exciling, and suppressing of all kind of Vice, evil rule and iniquity, according to the ancient, lawdable Lawes and Customes of the said City, are yearly severaly charged and sworn, upon the day of St. Thomas the Apostle, before the Aldermen of the said Wards chiefly and principally to the end and incent, that they with all diligence should truly and duely inquire and pre­sent all such Enormities, Nusances, Mis­order and Offences, as are, or at any time within the space of one whole year, then next ensuing, shall be severally u­sed, committed, or done within the said Wards, and have day yearly to make their said presentments, until the mon­day [Page 157] next after the Feast of the Epipha­ny. The said Inquests heretofore, little or nothing at all regarding (as it is very ma­nifest & not unknown, the more is the pit­ty) their said Oaths, or yet the great Com­modities, Utility, Quietness, Honour, and Worship, that might or should grow and insue to the said City and Inhabi­tants of the same, through their good, industrious, and indifferent proceedings, for the advancement of Vertue, and re­pressing of Vices, have drawn it in a man­ner into a very ordinary course and com­mon custome, to consume and spend a great part of their said time, that they have yearly given unto them, when they receive their said charge partly in set­ting up among themselves, a certain Commons; and making and keeping ma­ny costly and sumptuous Dinners Suppers, and Banquets, inviting and calling to the same at sundry times, in a manner all the Inhabitants of the said several Wards, to the no little charges of the same Inha­bitants, and partly in passing and occupy­ing much part of the same time in play­ing at Dice, Tables, Cards, and such o­ther unlawful Games both to the great costs, charges, and expences, of the said [Page 148] Inquests (whereof the greater part most commonly are but poor men) and also to the very lewd, pernitious, and evil example of all such as have any access or recourse unto the same Inquests. And where also the said Inquests have of late usurped to dispense with such per­sons as they by their search, and other­wise, have founden to offend and trans­gress the Laws, in using and occupying of unlawful Weights and Measures taking of the said offendors certain Fines (as it is said) the said Inquests have commonly used to imploy toward the maintenance of their said Feasting and Banqueting, di­rectly against the due Order of our So­veraign Lord the Kings Laws, and the publick wealth of all his Highness Sub­jects within the said City and much to the reproach and dishonour of the same City.

For Remedy and Reformation there­of, be inordained, enacted, and establish­ed by the Lord Mayor, Aldermen, and Commons, in this present Common Councel assembled, and by Authority of the same, that all and every the Ward­more Inquests of the said City, from henceforth to be yearly charged and [Page 149] sworn within the several Wards at the time afore rehearsed, shall at all times and places meet and convenient for the due Execution of their said charge, meet and assemble themselves together, and that they and every of them after their said meetings, inquisition, and treating of their said necessary matters, shall go home to their own several houses to Breakfast, Dinner, and Supper, duting all the said accustomed time of their charge and Session abovesaid. And that none of the said Inquests shall from henceforward set up any manner of Commons, or keep or maintain any manner of Dinners, Suppers, or Ban­quets among themselves, or use at their said assemblies and Sessions, any of the Games above mentioned, or any other whatsoever unlawful Games or Playes at any time, before the giving up of the said presentments, at the time above re­membred. Or 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 [Page 150] Lord Mayor and Aldermen of the said City for the time being.

Provided always and be it enacted by Fire and Candle, &c. Re­creation. 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.

[Page 151] 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 Peace. 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 Outlaws, Traitots, Fellons, &c. 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 Thames. 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 [Page 152] 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 Congre­gations. Garherer of evil companies.

5. Also if any man be a common Ri­otor, Riotör. Barrator. or a Barrator walking by Nighter­tale without light, against the rule and custome of this City.

6. Also, if there be any man within Peace, Hue and Cry. 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 Hucksters, Receiv­ers of Ap­prentices, Artificers, &c. 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.

[Page 153] 8. Also, if there be any Inholder, Ta­verner, Inholder, Taverner, Victualer. 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 Curfue. 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, Bauds, Maintain­ers, of Quarrels. 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, Adulterer, Witch, Scold. Strumpet common Adulterer, Witch, or common Scold be dwelling within this Ward.

12. Also, if there be any House, Hot­house. wherein is kept and holden any Hot­house, 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 [Page 154] 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 Hot­houses, 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 o [...] twenty pounds to the Chamber if they do the contrary.

14. Also, if any manner of person cast Thames, Ditches, Streets, &c. or lay Dung, Ordure, Rubbish, Seacole­dust, 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 Channel. 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.

[Page 155] 16. Also, if any manner of person nou­rish Hogges. Kine, Oxen, Ducks, 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 Persons Indited in one Ward, flying in­to ano­ther. 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 [Page 156] be seen to the Alderman of the Wa [...] for the time being, and that the Land lo [...] that letteth the house or his Attorney shall be also warned to make them [...] avoid out of his house aforesaid, with the said time limited by the Alderman and if they be sou [...] there after the tim [...] that then not only the said dishone [...] persons shall have imprisonment of the bodies after the discretion of the Mayo [...] and Aldermen, but also the said Land lords, Letters of the said houses, shal [...] forfeit to the Guild Hall, as much as they should have had for letting of the said house, or should be paid by the year, if the said persons or others had dwel­led in the said house: you shall duly enquire of offences against this Act, and present them.

18. Also, if any Freeman against his Oath made, conceal, cover, or colour Colour­ing for­raign Goods. the Goods of Forraigners, by the which the King may in any wise lose, or the Franchises of this City be imblemi­shed.

19. Also, if any Forreigner buy and Forreign buying and sel­ing. sell with any other Forreigner within this City or the Subburbs thereof, any Goods or Merchandizes, be forthwith [Page 157] forfeit, to the use of the commonalty of this City.

20. Also, if every Freeman, which Freemen not resi­dent. receiveth or taketh the benefit, and enjoy­eth the Franchises of this City, be con­tinually dwelling out of the City, and hath not, [...]e will not (after his Oath made) be at Scot and Lot, nor partner in the charges of this City, for the wor­ship of the same City, when he is duly required.

21. Also, if any man conceal the Orphans, Wards, Mar­ringes. Goods of Orphans of this City, of whom the Ward and marriage of right belong­eth to the Mayor and Aldermen of this City.

22. And if any Officer by colour of Officers. his Office, do extortion unto any man, or be maintainer of Quarrels against right, or take carriage, or arrest Victual unduly.

23. Also, if any Boteman or Feriour be dwelling in the Ward, that taketh Boteman, Feriour. more for Botemanage or Feriage, then is ordained.

24. Also, if any man make Purpre­st [...]res, Purpre­stures. that is to say, incroach, or take of the common ground of this City, by Land or by Water, as in Walls, Pales, [Page 158] Stoops, Grieces or Dores of Cellars, o [...] in any other like within the Ward, o [...] if any Porch, Penthouse or Jetty be to [...] low, in letting of men that ride beside or Carts that go thede forth.

25. Also, that Penthouses and Je [...] ­ties Pent­houses, Jetties, Stalles, &c. be at the least the height of nine foot and that the Stalles be not but of two foot and a half in breadth, and to be flex­ible or moveable, that is to say, to hang by Icmewes or Garnets, so that they may be taken up and let down.

26. Also, if any common way or Way, Wa­ter course. common course of water be foreclosed or letted, that it may not have his course as it was wont, to the noyance of the Ward, and by whom it is done.

27. Also, if any Pavement be de­fective, Pave­ments. or too high in one place, and too low in another, to the disturbance of Riders and Goers thereby, and Carte that go thereupon.

28. Also, if any Regrator or Forestal­ler Regra­tors, Forestal­lers. of Victual, or of any other Merchan­dizes which should come to this City to be sold, be dwelling in this Ward: a Re­grator is as much to say, as he that buy­up all the Victual, or Merchandizes, or the most part thereof when it is come to [Page 159] the City or the Suburbs of the same at a low price, and then afterwards sel­leth it at his own pleasure, at a high and excessive price: a Forestaller is he that goeth out of the City, and meeteth with the Victual and Merchandize by the way, coming unto the City to be sold, and there buyeth it, both these be called in the Law Inimici publici patriae, which is to say, open Enemies to a coun­try.

29. Also, if any Butcher, Fishmon­ger, Poulter, Vintner, Hostler, Cook Price of Victual. or sellar of Victual, do sell Victual at un­reasonable prizes.

30. Also, if any Hostler sell Hay Hay. Oats or Provender at excessive prizes, taking greater gain thereby then is rea­sonable and lawful.

31. Also, if any Victualler sell any Victuals unwhole­some price. Victuals not covenable, or unwholesome for mans body, or else dearer then is proclaimed by the Mayor, when any such Proclamation is or shall be.

32. Ye shall diligently make search Measures unsealed. and inquity, whether there be any Vint­ner, Inholder, Alehouse-keeper, or any other person or persons whatsoever within your Ward, that do use or keep [Page 160] in his or their house, or houses, any Cans, Stone pots, or other Measures which be unsealed, and by Law not al­lowed to sell Beer or Ale thereby, and whether they do sell any of their best Beer or Ale, above a penny the quart, or any small Ale or Beer above a half-pen­ny the quart, and whether any of them do sell by any Measure not sealed. If there be any such you shall seize them, and send them to the Guild Hall to the Chamberlains Office, and present their names and faults by Indenture, so oft as there shall be any occasion so to do.

33. Ye shall also make search in the Weights and Mea­sures. Shops and Houses of all the Chandlers, and of all others, which sell by weight or measure, dwelling within your Ward, and see that their Scales be not one hea­vier then another, and that their Weights and Measures aswel Bushels as lesser Measures, aswel those that they sell Sea-coales by, (which ought to be heaped) that they be in breadth accord­ing to the new Standard, sealed as all others, and that all Yards and Ells that they be their just lengths and sealed that the poor and other his Majesties Sub­iects be not deceived, And further, if [Page 161] any do buy by one Weight or Measure, and sell by others: and if in your search you find any false Weights, Measures, or Scales, ye shall seize them and send them unto the Guild-Hall to the Chamber­lain: and you shall also do the like if you shall find any that do sell any thing by Venice Weights, contrary to the Law and his Majesties Proclamations, present their Names and faults.

34. Also, if any Inholder bake any Inholder, brown Baker. Bread to sell within his house: and if a­ny Baker of sower Bread, bake white Bread to sell, or mark not his Bread, or else take more for the baking then six pence for a bushel.

35. Also ye shall inquire, if any house House, Tile be covered otherwise then with Tile, Stone, Lead, for peril of Fire.

36. Also, if any Leaper, Faitour, or Leaper, Beggar. mighty Begger be dwelling with in this Ward.

37. Also, if any Baker or Brewer, Bakers, Brewers. bake or brew with Straw, or any other thing which is perillous for Fire.

38. Also, if any mango with painted Painted visage. visage.

39. Also, if there be any man that Candle light. hangeth nor out a Lantern with a Candle [Page 162] therein burning after the usage, accord­ing to the Commandement thereupon given.

40. Also, if any person bring or cause Wood. to be brought to this City or the Liber­ties thereof, to be sold or sell, offer or put to saile any Tallwood, Billets, Fag­gots, or other Firewood, not being of the full Assize which the same ought to hold.

41. Also, if any Freeman of this Ci­ty, Country. use to resort into the Countries near to this City, and there to ingross and buy up much Billet, Talwood, Faggot, Tosard, or other Firewood, and convey the same by Water unto this City, and there lay it upon their Wharfs and other places, and so keep it till they may sell it at high and excessive prizes, at their own wills.

42. Also, if any Woodmonger, or any other; sell any Billets or other fire­wood above the price set by the Lord Mayor.

43. Also, if any Citizen of this City Cheese, Butter. by himself, or any other person for him, or to his use, use to resort into the Country, and there buy and ingross greav quantity of Cheese and Butter at [Page 163] wellbarrelled as otherwise, and after con­veigh it by Water or otherwise to this City to be sold at deer and excessive prizes.

44. Also, forasmuch as it is thought Freemen to shew their Co­pies. that divers and many persons dwelling within the Liberties of this City, day­ly occupy as Freemen, whereas indeed they be none, nor never were admitted into the Liberties of this City, ye shall therefore require every such person dwelling within this Ward, whom ye shall suspect of the same, to shew you the Copy of his Freedome under the Seal of Office of the Chamberlain of the said City, and such as ye shall find with­out their Copies, or deny to shew their Copies, ye shall write and present their Names in your Indentures.

45. Also, you shall inquire and truly Melting Tallow. present all such persons as use melting of Tallow, contrary to an Act of Com­mon Councel in that case made and provided.

46. Also, you shall inquire of all Ar­morers and other Artificers using to work in mettal, which have or use any Reardorses, or any other places dange­rous or perillous for Fire.

[Page 164] 47. Also, if any have appraised any Apprai­sers. Goods of any Freeman deceased, leav­ing behind him any Orphan or Orphans, and the Appraisers not sworn before the Lord Mayor or the Alderman of the Ward.

48. Also, if any Freeman buy any Wares or Merchandizes unweighed, Beam. which ought to be weighed at the Kings Beam, of any Stranger or Forreign free of the Liberties of this City, con­trary to the Act of Common Councel in that case made and provided.

49. Also, if any buy and sell any Clothes. Cloth or Clothes in the House, Shop, Ware-house, or other place of any Clothworker or other person against any ordinance or custome of this City, or if any Clothworker or other do receive or harbour any Clothes before the same be brought to Blackwell-Hall, con­trary to the ordinance made in that be­half.

50. Also, if any Carman take any Carmen. money for carriage of any Goods, Wares, or Merchandizes, above the rates or­dained.

51. Also, if any make or cause to be Buildings, divided houses, Inmates made any new Building or Buildings [Page 165] or divided or cause to be divided any house or houses, or receive any Inmate or Inmates, contrary to Law, or any Statute of this Realm.

52. Also, if any be dwelling within Hawkers. this Ward, which do offer or put to sale any Wares or Merchandizes in the o­pen Streets or Lanes of this City, or go from house to house to sell the same, commonly called Hawkers contrary to an Act made in that behalf.

53. Also, if any have covenously, fraudulently, or unduely obtained the Freedome. freedome of this City.

54. Also, if any Collector of Fifteens Collect­ors. or other duties for the publike service of the King or of this City, do retain in his hands any part of the money col­lected to his own use.

55. Ye shall also enquire if there be Women Receiv­ers of Servants. dwelling within your Ward any Wo­man broker, such as resort unto mens houses, demanding of their Maid ser­vants if they do like of their services: if not, then they will tell them that they will help them to a better service, and so al­lure them to come from their Masters to their houses, where they abide as boorders until they be provided for. In [Page 166] which time it falleth out that by lewd young men that resort to those houses they be oftentimes made Harlots to their utter undoing and the great hurt of the Common wealth: wherefore if any such be, you shall present them, that order may be taken for reforma­tion.

56. Also, if any have or use any com­mon Privies. Privy, having lssne into any com­mon Sewer of the City.

57. Also, if any Constable, Beadle, Vagabons or other Officer, be negligent or remiss in discharging his duty, touching the Execution of the Statute made for pu­nishment of Rogues, Vagabons, and study Beggars, or otherwise, and wherein the default is, and the Statute of 1. 4. and 21. Iae. concerning the re­straint of inordinate haunting and tipling in Innes and Alehouses, and repressing of drunkeness and other offences in the same Statute, and wherein the default is.

58. Also, if any to whom the Execu­tion Poor. of the Statute made for relief of the Poor doth appertain. he remiss in discharging his duty touching the Exe­cution of the same Statute, and wherein default is.

[Page 167] 59. Also, if any Executor or other Legacies. person retain in his hands any Legacy, sum of money, or other thing given to any charitable use.

60. Ye shall inquire whether there Drun­kard, Whore­monger, Sabbath, Jesuite, Seminary Priest, Se­cular Priest, Popish Recusant, Cozenes, &c. be within your Ward any common Drunkard, Whoremonger, Blasphemer of Gods holy Name, Prophaner of the Sabbath, Jesuite, Seminary or Secular Priest or any Receiver, Releiver or Maintainer of any of them, or any Po­pish Recusant, Cozener, or swagger­ing idle companion, such as cannot give account how they live; if there be any such you shall present them and the Names of those that lodge them, or aid them.

61. Ye shall also enquire, whether Mass. any person or persons do or shall say or sing Mass within your Ward, or be pre­sent at any Mass.

62. Also, if any person or persons within your Ward being evil affected, Roman Catholick Religion. do or shall extol the Roman Catholick Religion above the Religion professed and established by the Kings Maje­sties Authority in England, or do or shall deprave the Religion now professed in this Realm by Authority, as above, [Page 168] which may breed discord in the City, and dissention in the Common wealth, ye shall carefully present the same per­sons and their offences.

63. Also, if any person or persons that keepeth Horses in their houses, do lay his or their Stable Dung, or such kind of stinking filth in any Streets or Lanes of this City, to the great an­noyance of the people passing that way and do not lead his Dung Cart at his Stable door as he ought to do.

64. You shall assemble your selves Assembly monthly. once every moneth or oftner if need re­quire, so long as you shall continue of this Inquest, and present the defaults which you shall find to be commit­ted concerning any of the Articles of your charge, to the end due reme­dy may be speedily supplied, and the offenders punished as occasion shall re­quire.

65. And in making your Present­ments, your Clerk is carefully to write making of Pre­sentments. the Christian Name, Sur-name and ad­dition, or calling of every offender, and the name of the Parish wherein the Of­fence was committed and some certain, time, how long the offence hath been con­tinued [Page 169] and in presenting any persons, for dividing Houses or Inmates, to write the Names and addition to the present Landlord receiving the Rent, and the Names of the Tenants in possession, and of the Inmate in any house, and also to write in the Margent on the side of e­very Presentment the Name or Names, upon whose evidence you make such Presentment.

An Act of Parliament for the Preservation of the River of Thames, Made in the 27. year of King Hen­ry the 8.

VVHere before this time the River of Thames, among all Rivers within this Realm, hath been ac­cepted [Page 170] and taken, and as it is indeed most commodious and profitable unto all the Kings Liege people: and chiefly of all other frequented and used, and as well by the Kings Highness, his E­states, and Nobles, Merchants, and o­ther repairing to the City of London, and other places, Shires and Counties adjoyning to the same: which River of Thames is and hath been most meet and convenient of all other, for the safe­gard and ordering of the Kings Navy, conveighance o [...] Merchandizes, and o­ther necessaries to, and for the Kings most honourable Houshold, and other­wise, to the great relief and comfort of all persons within this Realm, till now of late divers evil-disposed persons, partly by miso [...]dering of the said River, by casting in of Dung and other filth, laid nigh to the Banks of the said River, digging and undermining of the Banks and Walls next adjoyning to the same River, carrying and converghing away of Way-shides, Shore-piles, Boards, Tim­ber-work, Ballast for Ships, and other things from the said Banks and Walls in sundry places: by reason whereof, great Shelfes and Risings have of late [Page 171] been made and grown in the farway of the said River, and such Grounds as lye within the Level of the said Water­mark, by occasion thereof have been surrounded and overflown by rage of the said Water, and many great breaches have ensued and followed thereupon, and dayly are like to do, and the said River of Thames to be utterly destroy­ed for ever, if convenient and speedy re­medy be not sooner provided in that behalf.

For Reformation whereof, be it en­acted, established, and ordained by the King, our Soveraign Lord, and by the assent of the Lords Spiritual and Tem­poral, and the Commons in this present Parliament assembled, and by the Autho­rity of the same; That if any person or per­sons hereafter, do or procure any thing to be done in the annoying of the Stream of the said River of Thames, making of Shelves by any manner of means, by Mining, Digging, casting of Dung, or Rubbish or other thing in the same Ri­ver, or take, pluck, or conveigh away any Boards, Stakes, Piles, Timberwork, or other thing from the said Banks or Walls, except it be to amend, and the [Page 172] same to repair again, or dig or under­mine any Banks or Walls on the Water side of Thames aforesaid, to the hurt, im­pairing or damage of any the said walls & Banks, then the same person or persons, and every of them, shall forfeit and pay for every time so offending, one hun­dred shillings: the one Moyety there­of to be to the King our Soveraign Lord, and the other Moyety thereof to the Mayor and Commonalty of London for the time being, the same to be recovered & obtained by the Mayor & Commonal­ty of London, by Bill or Plaint, Writ of debt or information severally against every of­fender in any of the Kings Courts, in which Actions and Suits, or any of them, the party Defendant, shall not be es­soyned or wage his Law, or any pro­tection to be allowed in the same.

And it is further enacted by the Au­thority aforesaid, that if complaint shall happen to be made to the Lord Chancellour of England, Lord Trea­surer, Lord President of the Kings Councel, Lord Privy Seal, or to any of them by any person or persons or bo­dy politick, that Sir Thomas Spert Knight, now having the Office and or­dering, [Page 173] of, & for ballasting of Ships or any other that hereafter shall have the Office and Order of ballasting of Ships do take any ballast for Ships near the said River of Thames, and do not take for parcel of the said ballasting the Gravel and Sand of the Shelfes between Greenhith and Richmond within the said River of Thames, or in any place or places, that is or shall be unto the damage or annoy­ance of the said River of Thames, or in any part thereof, that then upon every such complaint the said Lord Chancel­lour, Lord Treasurer, Lord President of the Kings most honourable Councel, Lord Privy Seal, and every of them, calling both the Cheif Justices of either Bench, or one of them, shall have pow­er and authority from time to time, to hear and finally determine every such complaint, by their discretion, and to put such order therein, for the taking of ballast for Ships upon every such com­plaint as by their discretions shall seem most convenient for the preservation of the said River of Thames: and the par­ties offending such order, shall suffer imprisonment, and make no less Fine then five pound to the Kings use for [Page 174] every time offending or breaking the same.

Provided alwayes, and be it enacted, that it shall be lawful to every person and persons, to digge carry, and take away, Sand, Gravel, or other Rubbish Earth, or thing lying or being in, or up­on any Shelfe or Shelfes within the said River of Thames, with out let or in­terruption of any person or persons, or paying any thing for the same, any thing contained in this present Act, to the contrary notwithstanding.

An Act of Common Councel con­cerning the conservation and cleansing of the River of Thames, made the 28. of September, in the 30. year of King Henry the 8.

VVHere by the Statute made in the 27. year of the Raign of our Soveraign Lord King Henry the eight among other for Reformation of [Page 175] the misordering of the River of Thames by casting in Dung and other filth, many great Shelves and other risings have been of late grown and made within the same River: By reason whereof, many great breaches have ensued by occasion thereof, which of like shall be the oc­casion of the utter destruction of the said River, unless that the same Law be put in due Execution according to the true intent and meaning thereof.

Wherefore for a further Reformation of the same and to the intent that the said good and wholesome Statute may be put in more Execution, and better knowledge of the people: It is enacted by the Authority of this Common Councel, that Proclamation may be made within this said City: and the same to be put in writing and Tables thereof made and and set up in divers places of this City, that it shall be law­fully to every person or persons, to dig, carry away, and take away Sand, Gravel, or any Rubbish, Earth, or any thing lying or being in any Shelve or Shelves within the said River of Thames, with­out let or interruption of any person or persons, and without any thing paying [Page 176] for the same, and after that to sell the same 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 [Page 177] 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 [Page 178] 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, [Page 179] 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 [Page 181] 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 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 [Page 184] 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 [Page 186] 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: [Page 187] That aswel the said Master as the said Apprentice, shall for evermore be dis­ [...]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 [Page 188] 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, [Page 189] 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 [Page 190] 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, under pain of three shillings four pence.

20. No Carts using dayly cartiage within this City, nor Car shall have Wheels shod with Iron, but bare, un­der pain of six shillings.

21. No man shall burn any Straw Rusnes, or other thing, Linnen or Woollen, in the Streets, by night or by day, under pain of three shillings four pence.

22. No man shall blow any Horn in the night within this City, or Whistle after the hour of nine of the Clock in the night, under pain of imprisonment.

23. No man shall use to go with Vi­zards, or disguised by night, under like pain of imprisonment.

24. That Night-walkers, and Eve [...] droppers, indure like punishment.

25. No Hammer-man, as a Smith, Pewterer, a Founder, and all Artifice making great sound, shall not work a [...] ter the hour of nine in the night, not [...] fore [Page 191] the hour of four in the morning under pain of three shillings four pence.

26. No man shall cast into the Ditches of this City, or the Sewers of this City, without the Walls, or into the Walls, Grates, or Gullets, of this City, any manner of Carren, stinking Flesh, rotten Fish, or any Rubbish, Dung, Sand, Gravel, Weeds, Stones, or any other thing to stop the course of the same, under pain of cleansing them at his own cost and charge, under pain of Imprisonment.

27. No man shall make any Wi­drawces in any of the Town-Ditches, or the Town-Gullets, under the pain of twenty shillings.

28. No man shall build nigh the Walls of this City, without License of the Lord Mayor, Aldermen, and Cham­berlain, under pain of throwing down the same, and no Licence may be grant­ed except that the Chamberlain freely at all times have convenient and need­ful ingross, and entry, going out, and clear recourse.

29. No man shall go in the Streets, by night or by day, with Bow bent; or Arrows under his Girdle, nor with [Page 192] Sword unscabberd, under pain of impri­sonment; or with Hand-Gun having therewith Powder and Match except it be in an usual May-game, or sight.

30. No man shall after the hour of nine at the night, keep any rule where­by any such sudden Out-cry be made in the still of the night, as making a­ny Affray, or beating his Wife, or Ser­vant, or Singing, or Revelling in his house, to the disturbance of his Neigh­bours, under pain of three shillings four pence.

31. No man shall make an Affray up­on any Officer, which with good De­meanour doth his message by Com­mandment from my Lord Mayor, or any Alderman, or Mr. Sheriffs, or Mr. Chamberlain, or misbehave himself in any Rayling upon any Judge of this Ci­ty, or their Officers, which by Com­mandement are sent to bring any break­er of this Law and Custome to Ward, or to distress, or such like, upon pain of Im­prisonment of forty dayes, and forfei­ture of the double penalty: for the offen­ces assessing, railing upon any Alderman, or Mayor in his Office is Judgement of the Pillory: Railing upon Mr. Cham­berlain [Page 163] in his Office, forty dayes Impri­sonment: beating, threatning, and rail­ing of an Officer, is Imprisonment after the Trespass is.

32. Memorandum, That every offence found in this City, it is accustomed that the Officer, a Freeman, finding it, which is called primus Inventor, hath half the penalty by the grace of the Court.

33. Also every Freeman may find any offence, but he hath no power to bring the party before any Judge of this City, without an Officer, except the party will come to his answer by free will.

34. No man hath power to Arrest, Attach, or make distress of any Goods sorfeitable, or offences, except the Con­stable or Serjeant of the Mace.

35. No Butcher or his Servant shall not use to drive any Oxe or Oxen atrot in the Streets, but peaceably: and if an Oxe happen to be let go when he is pre­pared to slaughter, the Butcher shall for­feit two shillings besides recompence if any person be hurt thereby.

36. No Butcher shall scald Hogs, but in the common Scalding-House, [Page 164] upon pain of six shillings eight pence.

37. No Butcher shall sell any Mea­sel Hog, or unwholesome Flesh under pain of ten pounds.

38. No Butcher shall sell any old stale Victual; That is to say, above the slaughter of three dayes in the Winter, and two in the Summer, under pain of ten pounds.

39. None unreasonable Victual for all manner of Victuals.

40. No Victualler of this City shall shall give any rude or unsetting Lan­guage, or make any clamour upon any man or woman in the open Market, for cheapning of Victual, under pain of three shillings four pence.

41. No Butcher shall cast the inwards of Beasts into the Streets Cleaves of Beasts Feet, Bones, Horns of Sheep, or other such like, under pain of two shil­lings.

42. The Pudding-cart of the Sham­bles shall not go afore the hour of nine in the night, or after the hour of five in the morning, under pain of six shillings eight pence.

43. No man shall cast any Urine-boles, or Ordure-boles, into the Streets [Page 165] by day or night, afore the hour of nine in the night: And also he shall hot cast it out, but bring it down, and lay it in the Channel, under the pain of three shillings four pence. And if he do cast it upon any persons head, the party to have a lawful recompence, if he have hurt thereby.

44. No man shall hurt, cut, or de­stroy any Pipes, Sesperals, or Wind­vents pertaining to the Conduit, under pain of Imprisonment, and making sa­tisfaction, though he doth it out of the City, if he may be taken within the City.

45. No man within this City may make any Quill and break any Pipe of the Conduit coming through his house, or nigh his ground, under pain of the Pillory or take any water privily unto his house.

46. Casting any corrupt thing, ap­poysoning the water, Lourgulary and Fellony.

47. Whosoever destroy or perish any Cocks of the Conduit, must have Imprisonment and make satisfaction.

Old Laws and Customes of this City.

48. NO man shall set up Shop or occupy as a Freeman a­fore he be sworn in the Chamber of Lon­don, and admitted by the Chamberlain, under pain of.

49. No man shall set over his Ap­prentice to any other person, but by li­cense of Master Chamberlain, and there to be set over, under pain of.

50. No man which is a Forreign, shall not buy nor sell within the Liber­ties of this City with any other Forreign, under pain of forfeiture of the Goods so Forreign bought and sold.

51. No Freeman shall be disobedi­ent for to come at Master Chamberlains commandement, to any summons to him given by any Officer of the Cham­ber, under pain of Imprisonment.

52. Master Chamberlain hath power to send a Freeman to Ward, that he in­continently after send to the Lord Mayor, the cause why that he is punish­ed, [Page 197] so that the Lord Mayor release him not, but by the Chamberlains assent: and if he be a great Commoner and dis­obeying to the Chamberlain, Master Chamberlain may refer it to a Court of Aldermen.

Master Chamberlain hath Authority to send or command any Apprentice to the Counter for their offences: and if their offences be great, as in defyling their Masters houses by vicious living, or offending his Master by theft, or di­slander, or such like, then to command him to Newgate.

Apprentice enrolled, his Master pay­eth two shillings six pence.

Apprentice set over, he that receiveth, two shillings.

Apprentice made Free he payeth four shillings.

Apprentice never Enrolled, and made Free, his Master payeth thirteen shil­lings two pence.

A man made Free by his Fathers Co­py, payeth eighteen pence.

A Proclamation made in the time of the Mayoralty of Sir Michael Dormer Knight.

An Act of Common Councel, made [Page 198] in the Even of St. Michael, Anno Regis Henrici Octavi 21. That no person should lay any Wares in the Street, or beyond the edge of their Stall, upon pain of forseirure the first time six shil­lings eight pence: the second time thir­teen shillings four pence: and the third time, the Ware so laid.

By an Act of Parliament in the 14. Car. 2.

IT is enacted, that all and every per­son that inhabiting within the Cities of London and Westminster, Suburbs and Liberties thereof, and Burrough of Southwark, or in any the new built Streets, Lanes', Alleys and publick places, before their respective Houses, Buildings and Walls twice every week viz. Wednesday and Saturday, and all the soile, dirt and other filth, shall cause to be caken up into Baskets, Tubs, or other Vessels, ready for the Scavenger or other Officer, to carry away upon pain of three shillings four pence for [Page 196] every offence or neglect respectively.

That no person whatsoever, shall throw, cast or lay, or cause to be cast, thrown or laid, any Seacole-Ashes, Dust, Dirt or other Filth, with the said Cities and places aforesaid, in any place, Street, Lane or Alley, before his, her, or their own dwelling Houses, Buildings or Walls on the penalty of five shillings; And it before the Houses, Building, &c. of any of their Neigh­bours or other Inhabitants of the said Cities or places, or before or against any Church, Churchyard, or any of his Majesties Houses, Buildings or Walls or any other publick Houses, Buildings, &c. or cast, lay or throw, &c. into any common or publick Sink, Vault, Water-course, Common-sewer, or Highway within the Cities or places, &c. or any other private Vault or Sink of any of his Neighbours, or other In­any Dust, Ashes, Filth, Ordure, or o­ther noisome thing whatsoever, but shall keep, or cause the same to be kept in their respective houses, &c. until such time as the Raker, Scavenger, &c. or other Officer do come by or near their houses or doors, with his Cart, Barrow, [Page 200] or other thing used for the cleansing of the Streets, and carrying away thereof; And then shall carry the said Ashes, Dust, &c. out of their houses and deli­ver it to the Raker, Scavenger or Officer or otherwise put the same into his Cart, &c. upon pain to forfeit twenty shil­lings for every offence.

The respective Churehwardens, House­keepers of Whitehall, or other his Ma­sties houses; Housekeepers or Porters of Noblemens houses, Ushers or Keep­ers of the Courts of Justice, and all o­ther publick houses and places re­spectively shall be liable to suffer the like penalties, forfeitures and punish­ments for every like forementioned offences done or suffered to be done be­fore any Church, Churchyard, or before any of his Majesties houses, Noblemens houses, Buildings, or before any other publick houses, or places whatsoever respectively.

No person shall hoop, wash or cleanse any Pipe, Barrel or other Cask or Vessel, in any the Streets, Lanes, or other pas­sages aforesaid, nor set out any empty Coaches to make or mend, or rough Timber or Stones to be sawn or wrought [Page 201] in the Street upon pain of twenty shil­lings for every offence.

The Rakers, Scavengers and Officers hereunto appointed, every day in the week (except Sundays and other Holy­layes) shall bring Carts, Dung-pots or other fitting Carriages into all the Streets within their respective Wards, Parishes and Divisions, where such Carts &c. can pass, and at or before their approach, by Bell, Clapper or o­therwise, shall make loud noise and give notice to the Inhabitants of their coming, and so into every Court, Alley or place where Carts can pass; and a­bide or stay there a convenient time, that all persons concerned may bring forth their respective Ashes, Dust, &c. to the respective Carts, &c. All which the said Raker, Scavengers or Officers shall carry away upon pain of forty shil­lings for every offence, or neglect re­spectively.

All the open Streets, Lanes and Alleys within the Cities and places aforesaid, are to be sufficiently repaired and paved, and kept paved, and sufficiently repair­ed, at the cost of the Housholders in the said Streets, Lanes, &c. respective­ly [Page 202] viz. Every Housholder to repair and pave, and keep repaired and paved the Streets and Lanes, &c. before his house unto the Channel or midle of the same Street or Lane, &c. upon pain of forfeit twenty shillings for every Rod, and after that proportion, for a less quantity, for every default, and twenty shillings a week for every week after, till it be sufficiently paved and amend­ed. Provided such ancient Streets, Lanes, &c. within the said Cities, or ei­ther of them, the Suburbs or Liberties thereof, as by custome and usage have been repaired in other manner, shall be hereafter repaired, paved and amended in such sort, by such persons as have u­sed to repair, pave and maintain the same under the penalties aforesaid.

Every Housholder within the said Cities and places aforesaid, whose houses adjoyns unto, or is next the Street from Michaelmas till our Lady-day yearly, shall set or hang out Candles or Lights in Lanthorns, or otherwise in some part of his house next the Street, to enlighten the same for Passengers, from such time as it shall grow dark un­til nine of the clock in the Evening upon pain of 1. sh. for every default.

[Page 203] Every Justice of either Bench, Ba­ [...]on of the Exchequer, and Justices of [...]he Peace of London and Wistminster, [...]ave power on their own view, or proof by one Witness upon Oath to convict persons offending against this Act, and to dispose the penalties to­wards mending and cleansing the Strees, if upon proof, half to the par­ty informing, if uqon conviction by view, then the whole to the repair­ing and cleansing the Streets or Wayes, to be levied by Warrant from any Justice under his Hand and Seal direct­ed to the Constable or other Officer of the same Parish by distress and sale of his Goods, and for default (if no Peer) imprisonment until pay­ment.

Within London and the Liberties thereof the Scavengers, Rakers and such like Officers shall be elected, and the Rates and Assesments for them for the cleansing of the Streets shall be rated, raised and paid by the Parishioners and Inhabitants of every Parish and Pre­cinct according to the ancient custome and usage of the City, and all new Messuages, Tenements and Houses shall [Page 204] be rated and assessed, and pay propor­tionable with the other in Westminster, the said Officers shall be chosen accord­ing to the custome of that City, and the rates paid according to the custome of that City, in all other Parishes or places upon every Tuesday or Wednes­day in Easter week: The Constables, Church wardens and Overseers for the Poor, Surveyors of the Highwayes of eve­ry Parish aforesaid, giving notice and cal­ling together such Inhabitants of their Parishes, as have born the like Offices, they or the greater number of them shall appoint two, that are Trades­men in their Parishes, to be Scavenger, for the Streets, &c. of each Ward to con­tinue for a year, who shall perform the office upon pain of twenty pound, but upon refusal others shall be chosen, the same penalties to be levied and imploy­ed for mending the Streets and Wayes of the same Parish, by distress and sale of the offenders Goods, and imprison­ment by default by warrant as aforesaid.

Within twenty days after election of such Officers, a Tax or pound rate shall be made by the Inhabitants of every Parish, which being confirmed by two [Page 205] Justices of the Peace, shall be quarter­ly paid upon demand by the Officers appointed, and upon refusal levied by distress and sale of the Goods, by war­rant from two Justices of the Peace, and for lack of distress by imprisonment of the offender (not being a Peer) un­til payment.

Provided all Actions against persons for executing this Act, shall be laid in their proper County, and the Defendant may plead the general Issue and recover dou­ble cost if wrongfully vexed.

By the same Statute no Hackney Coachman licensed, shall take for his hire in or about the City of London and Westminster, above 10. sh. for a day rec­koning 12. hours to the day, and not above 18. d. for the first hour, and 12. d. for every hour after, and no Gentleman or other person shall pay from any of the Inns of Court or thereabouts to any part of St. Iames or Westminster above 12. d. and the same rates to the same places or thereabouts back again, and from any of the said Inns of Court, or thereabouts, to the Royal Exchange 12. d. to the Tower of London, Bi­shopsgatestreet, Algate or t [...]ereabouts [Page 206] 18. d. and so from the said places to the Inns of Court, and the like rates from and to any place of like distance and if any Coachman shall refuse to do, act, or exact more for his hire then thereby limited he shall for every offence for­feit 10. sh.

FINIS

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