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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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King Edw. the 3. bereaving the King and Commonwealth of these great benefits and commodities is against the Law and so ought to be repealed And day was given accordingly to put in their Plea At which time many of the old Merchants-Adventurers being willing that trial should be made whether the benefit intended unto the Commonwealth might be compassed did shew to their obedience unto the King and desire of the good of their Country Surrender up their Patent into the hands of his Majesty since which time it being found by experience that the project had not that success which they expected and likewise Cloth and Wooll lay dead because there was no vent for them abroad The King according to his power reserved unto him in his Patent by which he erected and created the new Company of Merchants Adventurers of London did make repeal and revocation of the said New Patent and new Company and did redeliver unto the old Merchants their Patent confirming it and likewise by another Charter did enlarge the Liberties and Priviledges of the old Merchants by reason of which Grace of the King the old Company of Merchants-Adventurers of England are reestablished in that estate wherein they formerly were and they do now trade again as formerly they did to the great content of the Subject and benefit of the King and Country Certifying Indictments upon Certioraries IOhn Forner Iohn Evans and divers others being Indicted before Sir Thomas Hayes Lord Mayor of London Sir Henry Mountague Serjeant unto the King and Recorder of London Sir Thomas Lowe and divers others by vertue of a Commission granted unto them a Certiorari was directed unto them as Justices of Peace out of the Kings Bench for the certifying the said Indictment upon which Certiorari no return was made whereupon a second Certiorari was awarded unto the said Commissioners commanding them to certifie the said Indictment upon a pain upon which Certiorari a return was made in this manner That is to say that King H. 6. in the 23. year of his Reign by his Letters Patents bearing the same date did grant unto the Mayor Aldermen and Sheriffs of London that they should not be compelled upon any Writ directed unto them to certifie the Indictments themselves taken before them but only the Tenors of them the which they have done accordingly and Exception being taken unto this Return for the insufficiency of it it was resolved by Sir Edward Cook Chief Justice of the Kings Bench Sir Iohn Crook Sir Iohn Doddridg and Sir Robert Haughton that the return upon the reasons hereafter following was insufficient For first the Letters Patents being granted unto them by the name of the Mayor Aldermen and Sheriffs of the City of London warranteth only the not certifying of Indictments taken before them as Mayor Aldermen and Sheriffs of London and where the Writ is directed unto them by that name and they do not excuse them in Case where the Writ is directed unto them as Justices of Peace and where the Indictments are taken before them as Justices of Peace by virtue of the Kings Commission And howsoever the Mayor and Aldermen are Justices of Peace by Charter yet insomuch that they are distinct powers return made by them by the name of Mayor and Aldermen where the Writ is directed unto them as Justices of Peace will not be good Secondly there being a Resumption made by Act of Parliament in 28. H. 6. whereby all Lands Tenements Grants Rent and Fees granted since the first day of his Reign were resumed the Letters Patents made in 23. H. 6. unto the Mayor and Commonalty are annihilated and made void and so no hold may be taken of them and the Statute made in 1. Edw. 4. cap. 1. only confirmes those priviledges not heretofore revoked and repealed by Act of Parliament or otherwise and howsoever there be a Charter made by H. 7. in the first year of his Reign whereby restitution was granted of this priviledge yet no advantage may be taken of it because it was not spoken of upon the return and the Court may not intend it Thirdly the Letters Patents of the King being the sole ground and foundation to make the return good are not sufficiently returned unto the Court insomuch that it was said upon the return only that the King by his Letters Patents did grant unto the Mayor Commonalty and Sheriffs of London that they should not be compelled to certifie the Indictments themselves but it doth not appear that they were sealed with the Grand Seal and if they were not sealed with that Seal the Letters Patents may not be of any validity in Law howsoever they were sealed with the Exchequer Seal or Dutchy Seal in respect of which they may well be called the Letters Pattents of the King Fourthly the use hath alwayes been to remove Indictments and the Record of them upon a Certiorari awarded out of the Kings Bench and there was never any denial made of it before this time and in 5. Ed. 6. where a Certiorari was directed unto them for the removing of an Indictment of a Woman which was Indicted for being a common Whore the Indictment was certified in obedience unto the Writ although in the end of the return they shewed their Charter and prayed that it might be remanded because it was an Indictment only warrantable by the custome of the City and not by the Common Law And the Court was of opinion in the return at the Bar to have imposed a Fine and to have awarded a third Certiorari but it was stayed and the second return was amended Concerning Orphans Portions THe custome of London is that if any Freeman deviseth and or other Legacies of goods unto an Orphan that then the Mayor and Aldermen have used to take the profits of the Land and to have the disposition of the Legacies until such time as the Legatees shall attain unto the age of twenty one years or otherwise being a woman should be married and if the disposition of the profits of the Lands or of the personal Legacies were declared by the Testator in his Will that then the Mayor and Aldermen have used time out of mind of man to convent the person trusted by the Will of the Testator before them and to compel him to find Sureties for the true performance of the Legacies according to the Law of the Realm and the Will of the Testator and if they refuse to find Sureties then it is lawful to imprison them until they find Sureties The Widow of a Freeman of London dwelling in Middlesex bequeathed a Legacy of a thousand pound unto her Daughter after all Debts and Legacies paid and upon condition that she should not marry without the assent of her Executor and maketh a Freeman her Executor and dieth The Executor is convented before the Court of Mayor and Aldermen and required to put in Sureties unto the Chamberlain of London according to the
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
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
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
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
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