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A32296 Reports of special cases touching several customes and liberties of the city of London collected by Sir H. Calthrop ... ; whereunto is annexed divers ancient customes and usages of the said city of London. Calthrop, Henry, Sir, 1586-1637. 1670 (1670) Wing C311; ESTC R4851 96,584 264

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shall take or receive any manner of Fine or Fines for the concealment and discharging of any of the offences afore recited but truly present the same offences and every of them according to their Oaths upon pain of imprisonment by the discretion of the Lord Mayor and Aldermen of the said City for the time being Provided always and be it enacted by the authority aforesaid that it shall be lawful for all and every of the said Inquests to take and receive towards the charges of their Fire and Candles and other necessaries during the time of their said Session all and every such sums of money as any honest person or persons of their free will and benevolent mind will give and offer unto them and when they have made their said presentments to go and assemble themselves together for their Recreation and solace where they shall think it good and there not only to bestow and spend the twenty shillings which every Alderman within his Ward according to a certain Order lately taken shall yearly give unto them at the time of the delivery of their said Presentments towards their said charges in this behalf but also the residue of the said money received and gathered as it is aforesaid of the Benevolence of their said loving Friends if any such residue shall fortune to remain Any clause or Article in this present Act contained to the contrary notwithstanding Not failing hereof as ye tender the Common Weal of this City and advancement of good Justice and as ye will answer for the contrary at your uttermost peril The Articles of the charge of the Ward-mote Inquest 1. YE shall swear that ye shall truly inquire if the Peace of the King our Soveraign Lord be not kept as it ought to be and in whose default and by whom it is broken or disturbed 2. Also if there dwell any man within the Ward that is outlawed or indited of Treason or Fellony or be any receiver of Traitors or Fellons 3. Also ye shall inquire and truly present all the offences and defaults done by any person or persons within the River of Thames according to the intent and purport of an Act made by our late Soveraign Lord King Edward the sixth in his high Court of Parliament and also of divers other things ordained by Act of Common Councel of this City for the redress and amendment of the said River which as now is in great decay and ruine and will be in short time past all remedy if high and substantial provision and great help be not had with all speed and diligence possible as more plainly appeareth in the said Act of Parliament and the said Act of Common Councel of this City 4. Also if any manner of person make Congregation or be Receiver or Garherer of evil companies 5. Also if any man be a common Riotor or a Barrator walking by Nightertale without light against the rule and custome of this City 6. Also if there be any man within this Ward that will not help aid ne succour the Constables Beadle and other Ministers of this City in keeping of the Peace and Arrest the evil dooers with rearing of Hue and Cry 7. Also if there be any Huckster of Ale and Beer that commonly useth to receive any Apprentices Servants Artificers or Labourers that commonly use to play at the Dice Cards or Tables contrary to the form of the Statute in that Case ordained and provided 8. Also if there be any Inholder Taverner Brewer Huckster or other Victualer that hold open their Houses after the hour limited by the Mayor 9. Also if any Parish Clark do ring the Bell called the Curfue Bell after Curfue rungen at the Churches of Bow Barking Church Saint Brides and Saint Gile's without Cripplegate 10. Also ye shall inquire if any Putour that is to say Man-baud or Woman-baud common Hazerdours Contectour maintainer of Quarrels Champartours or Embracers of Inquests or other common misdoers be dwelling within this Ward and present their Names 11. Also if any Baud common Strumpet common Adulterer Witch or common Scold be dwelling within this Ward 12. Also if there be any House wherein is kept and holden any Hot-house or Sweating-house for ease and health of men to the which be resorting or conversant any Strumpers or women of evil Name or Fame or if there be any Hothouse or Sweating ordained for women to the which is any common recourse of young men or other persons of evil fame and suspect conditions 13. Also if there be any such persons that keep or hold any such Hot-houses either for men or women and have found no surety to the Chamberlain for their good and honest behaviour according to the Laws of this City and lodge any manner of person by night contrary to the ordinance thereof made by the which he or they shall forfeit o● twenty pounds to the Chamber if they do the contrary 14. Also if any manner of person cast or lay Dung Ordure Rubbish Seacole-dust Rushes or any other thing noiant in the River of Thames Walbrook Flett or other Ditches of this City or in the open Streets Ways or Lanes within this City 15. Also if any person in or after a great Rain falleth or at any other time sweep any Dung Ordure Rubbish Rushes Seacole-dust or any other thing noyant down into the Channel of any Street or Lane whereby the common course there is let and the same things noyant driven down into the said water of Thames 16. Also if any manner of person nourish or keep Hogges Oxen Kine Ducks or any Beasts within this Ward to the greivance and Disease of their Neighbours 17. Also where afore this time it is ordained and enacted as hereafter followeth Item for to eschew the evils of misgoverned persons that dayly when they be indebted in one Ward fly into another It is ordained by the Mayor and Aldermen that as soon as a man or woman suspect first do come to dwell within any house in any Ward within the City the Constables Beadles or oother Officers of the same shall be charged by their Oaths at the general Court to inquire and espie from whence they come And if they find by their own confession or by the Record of any of the Books of any Alderman of the City that they be Indited or cast of evil noyous life and will not find surely for their good abeating and honest governance to the Alderman for the time being that then they shall not dwell there from thenceforth but shall be warned to aviod within three or four dayes or more or less after as it shall be seen to the Alderman of the 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
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 was For it is expressed by precise terms in one of the last branches of the said Statute That the said Mayor or other 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 As to the seventh Question which is 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 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 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 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 the action faileth upon the promise for not paying the money As to the first Question which is 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 according to that custome in affirmance of the judgment given in London But it was agreed that if there had 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 Whether the custome of Forreign Attachments in London may hold as this Case is
Secondly in regard that Frances Hanger being the Executrix of George Hanger is the representative person of George Hanger as to these Wines so that such Priviledges and Immunities as George Hanger was to enjoy if he had been living the same shall Frances Hanger have benefit of after his death And therefore notwithstanding Frances Hanger had been a Nun and so a dead person in Law to all intents and purposes yet she being made an Executrix and so the representative person of the said George Hanger shall be enabled to sue and be sued as concerning the personal Estate of the Testator so far as George Hanger himself might sue or be sued And if Frances Hanger being a Neif had been made Executrix now she being the representative person of George Hanger may well enough sue her Lord unto whom she is a Neif Reguardant or any other person whatsoever and the being of a Neif shall not be any disability unto her as to her office of Executrix-ship The same Law would have been if Frances Hanger had been wained and afterwards had been made Executrix for she putting on the person of George Hanger and representing him shall be clothed with the same Priviledges and Abilities as he was and so Frances Hanger being enabled by the common Laws of this Realm to sue and to be sued although she had been a Nun a Neif or a wained person because she represented the person of George Hanger whose Executrix she was shall be likewise capable of this priviledge of the payment of Prisage for the Wines of George Hanger as George Hanger was Thirdly this Charter made by King Edward the third being a Charter only to discharge the Citizens of London of the payment of Prisage and not a Charter whereby the Prisage of the Citizens of London is granted unto others shall have a liberal construction and not be streined unto a special intent as a Patent of charge shall be for it is evident by divers cases in our Books that Frances Hanger being an Executrix shall be taken to be within the remedy of an Act of Parliament to discharge her self of a burden imposed upon her in respect of George Hanger her Testator notwithstanding there was never so much as any mention made of her as Executrix in the Act of Parliament And therefore Frances Hanger being an Executrix shall have an attaint upon the Statute of 23. H. 8. chap. 3. to discharge her self of a false Verdict given against George Hanger whereby his Goods are to be charged and yet she is not named in the Act of Parliament So Frances Hanger being an Executrix shall have a Writ of Errour upon the Statute of 27. El. chap. 8. in the Exchequer Chamber to discharge her self of an Erroneous Judgement given into the Kings Bench against George Hanger whereby his Goods are subject to an Execution Likewise if George Hanger be Out-lawed upon a Writ of Cap. ad satisfaciend awarded upon a Judgement given in Debt or other personal Action against him Frances Hanger as Executrix of George Hanger shall take advantage of a general pardon made by Act of Parliament in the life of George Hanger and shall be suffered to plead it and to give satisfaction of the judgement given against George Hanger whereby she may be enabled to take benefit of the pardon the which being so that Frances Hanger is a person capable to discharge her self of a false Verdict of an Erroneous Judgement of an Out-lawry pronounced against George Hanger her husband where the Statute by precise words doth not relieve her à fortiori shall Frances Hanger in the case at the Bar be enabled to discharge her self of the prisage of these Wines within the Charter of Edward the third Fourthly by the same reason that the Butlarage shall be paid by the Executors or Administrators of an Alien for the Wines brought into England in case where the Alien owner of the Wines do die before such time as the Ships are unladen and way shall not be given to make an evasion to the payment of Butlarge upon an averment that the owner of the Wines is dead before the unbulcking of the Ships so by the same reason prisage shall not be paid for the Wines of George Hanger who dyed before such time as the Ships came in for those Wines shall continue the Wines of the Alien to make his Executors subject unto the payment of Butlarage so these Wines shall remain the Wines of George Hanger to free Frances Hanger his Executrix from the payment of prisage Fifthly there being nothing done in the case at the Bar to prevent George Hanger whereby his Wines should be made uncapable of the discharge of the payment of Prisage within the Charter granted by King Edward the third but only the death of George Hanger before the disburdening and unlading of his Ships and this being only the Act of God which by no power of man can be resisted nor wit prevented shall never turn him to that prejudice that a charge now shall be imposed upon his Wines the which ought not to have been if George Hanger had over-lived the time of breaking the bulk for it is a Maxim held and a principle of the common Lawes of the Realm that the Act of God shall never prejudice in case where there is not any Latches in the party and upon this reason is it that if one that is impleaded hath cause of priviledge because he is the menial Servant of the Lord Chancellour he shall not be prevented of priviledge by the death of the Lord Chancellour but he shall enjoy it that death notwithstanding likewise it would be a great discouragement to the Merchants to hazard their own lives in fighting against the Pyrates and in being upon the Seas when their deaths shall subject them to the payment of Prisage Sixthly in the case at the Bar there are four times to be observed the first of which is the time of the fraughting of the Ships and the sending them out of England beyond the Seas the second is the time of the arrival of the Ships and the unlading and disburdening of them beyond the Seas the third is the time of the lading of the Ships with Wines and the returning of them for England the fourth is the time of the arrival at the Port in England and the unlading of them here and three of these times were passed in the life of George Hadger when he was a member of the City and a Citizen as others are for all the four Ships and part of the fourth time also for two of the Ships for at the time that the Ships were Fraughted and sent out of England to the intent to bring in these commodities George Hanger was a Citizen so when the Ships arrived in the Port beyond the Seas and unladed themselves to receive ●n the Wines for which they went he continued a Citizen Likewise when the Ships
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 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 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 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 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 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 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 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 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 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 and give his best furtherance 13. Also that you have special regard that from time to time there be 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 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 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 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 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 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 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 of the Assize appointed by Act of Parliament for Billets and other Fire-wood to be fair written in Parchment and to be fixed or hanged
up in a Table in some fit and convenient place in every Parish within your Ward where the common people may best see the same 19. And furthermore we charge command 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 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 the said Alderman that your self certifie and present before us at the same 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 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 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 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 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 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 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 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
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 fire-wood above the price set by the Lord Mayor 43. Also if any Citizen of this City 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 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 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 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 47. Also if any have appraised any 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 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 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 money for carriage of any Goods Wares or Merchandizes above the rates ordained 51. Also if any make or cause to be made any new Building or Buildings 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 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 of this City 54. Also if any Collector of Fifteens 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 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 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 Privy having lssne into any common Sewer of the City 57. Also if any Constable Beadle 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 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 59. Also if any Executor or other person retain in his hands any Legacy sum of money or other thing given to any charitable use 60. Ye shall inquire whether there 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 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 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 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 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 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 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 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 been made and grown in the farway of the said River and such Grounds as lye within the Level of the said Water-mark 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 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 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 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 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 for the same and after that to sell the same
obedient ye shall be to the Mayor and Ministers of this City the Franchises and Customes thereof ye shall maintain and this City keep harmless in that which in you is Ye shall be contributory to all manner of charges within this City as Summons Watches Contibutrions Taxes Tallages Lot and Scot and to all other charges bearing your part as a Freeman ought to do Ye shall colour no Forraign Goods under or in your name whereby the King or this City might or may lose their Customes or Advantages Ye shall know no Forraigner to buy and sell any Merchandize with any other Forraigner within this City or Franchise thereof but ye shall warn the Chamberlain thereof or some Minister of the Chamber Ye shall implead or sue no Freeman out of this City whiles ye may have Right and Law within the same City Ye shall take none Apprentice but if he be free born that is to say no Bond-mans Son nor the Son of any Alien and for no less term then for seven years without Fraud or Deceit and within the first year ye shall cause him to be enrolled or else pay such a Fine as shall be reasonably imposed upon you for omitting the same and after his terms end within convenient times being required ye shall make him Free of this City if he have well and truly served you Ye shall keep the Kings Peace in your own person Ye shall know no Gatherings Conventicles or Conspiracies made against the Kings Peace but ye shall warn the Mayor thereof or let it to your power All these points and Articles ye shall well and truely keep according to the Laws and Customes of this City to your power So God you help God save the King An Act of Common Councel 1. of June 18. K. H. 8. Concerning making Freemen of the City against colouring forreign Goods AT this Common Councel it is agreed granted ordained and enacted That if hereafter any Freeman or Free-woman of this City take any Apprentice and within the term of seven years suffer the same Apprentice to go at his large liberty and pleasure and within or after the said term agree with his said Apprentice for a certain sum of money or otherwise for his said service and within or after the end of the said term the said Freeman present the said Apprentice to the Chamberlain of the City and by good deliberation and upon his Oath made to the same City the same Freeman or Freewoman assureth and affirmeth to the said Chamberlain that the said Apprentice hath fully served his said term as Apprentice Or if any Freeman or Freewoman of this City take any Apprentice which at the time of the said taking hath any Wife Or if any Freeman or Freewoman of this City give any Wages to his or her Apprentice or suffer the said Apprentices to take any part of their own getting or gains Or if any Freeman or Freewoman of this City hereafter colour any Forreign Goods or from henceforth buy or sell for any person or persons or with or to any person or persons being Forreign or Forreigners Cloths Silks Wine Oyles or any other Goods or Merchandize whatsoever they be whether he take any thing or things for his or their Wages or Labor or not Or if any person or persons being Free of this City by any colour or deceitful means from henceforth do buy sell or receive of any Apprentice within this City any mony goods merchandize or wares without the assent or license of his Master or Masters and upon examination duly proved before the Chamberlain of the said City for the time being And the same reported by the mouth of the said Chamberlain at a Court to be holden by the Mayor and the Aldermen of the same City in their Councel Chamber That aswel the said Master as the said Apprentice shall for evermore be 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 such like under pain of Forfeiture of the same thing that so encumbreth the Streets which is twenty shillings fine if he remove it not at the warning of the Serjeant of the Market 5. Every Builder of houses ought to come to the Mayor Aldermen and Chamberlain for a special License for hourd of by him to be made in the high Street and no Builder to encumber the Streets with any manner of thing taking down for the preparing of his New Building under pain of forty shillings except he make a hourd of sorty shillings 6. No man shall set any Carts in the Streets by night time under the pain of twelve pence and recompence to such persons as shall be hurt thereby if any such be twelve pence 7. No Budge-man shall lead but two Horses and he shall not let them go unled under pain of two shillings 8. No man shall ride or drive his Car or Cart atrot in the Street but patiently under pain of two shillings 9. No man shall Gallop his Horse in the Street for Wager or otherwise under like pain of two shillings 10. No man shall Shoot in the Street for Wager or otherwise under like pain of two shillings 11. No man shall bowl or cast any Stone in the Street for Wager or gain or such like under pain of two shillings 12. No man shall dig any hole in the Street for any matter except he stop it up again under pain of two shillings and recompence to any person hurt thereby two shillings 13. No man bury any Dung or Goung within the Liberties of this City under pain of forty shillings 14. Goung-Fermour shall carry any Ordure till after nine of the Clock in the night under pain of thirteen shillings four pence 15. No Goung-Fermour shall spill any Ordure in the Street under pain of thirteen shillings four pence 16. No man shall bait Bull Bear or Horse in the open Street under pain of twenty shillings 17. No man shall have any Kine Goats Hogs Pigs Hens Cocks Capons or Ducks in the open Street under pain of forfeiture of the same 18. No man shall maintain any biting Curs or mad Dogs in the Streets under pain of two shillings and recompence unto every party hurt therewith two shillings 19. No Carts that shall be shod with Spig-nails that shall come upon the Streets of this City