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
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
REPORTS OF SPECIAL CASES Touching several Customes AND Liberties OF The City of LONDON Collected by Sir H. Calthrop Knight Sometimes Recorder of London Whereunto is annexed divers ANCIENT CUSTOMES AND USAGES Of the said City of LONDON LONDON Printed for Abel Roper at the Sun St. Dunstans Church in Fleetstreet 1670. To the Right Worshipful Sir THOMAS LOE K. ALDERMAN OF The City of LONDON Worthy Sir BEing put in mind of that saying of Seneca Ingratum sidixeris Omnia dixeris And having a desire to avoid that Rock whereupon so many have suffered Shipwrack have had often conflicts within my self wherein I might express my thankfulness unto you of whom I a Stranger have received so many undeserved favours and at last bethought my self that you being one of the Noble Governours of this famous City of London and being likewise a President over several Companies of Merchants in it a Treatise concerning the Customs of the City of London or otherwise concerning the Priviledges and Immunities granted unto the Merchants of London would not altogether be an unfitting subject to be presented unto your view whereupon I have selected som few Cases collected by my self of the resolution of the Iudges concerning some Customes of your City and some Charters granted unto the Citizens of it and offered them unto your consideration the which I desire you to accept as a pledge and token of a thankful mind howsoever they in themselves are unworthy your pains to be taken in the reading of them and so with my truest wishes of the continuance of all happiness unto your self your thrice Noble Lady and the branches of your flourishing Family I take my leave ever resting From my Chamber in the middle Temple 2 Januarii Anno Dom. 1661. The affectionate and hearty well-wisher of all good unto you and yours Henry Calthrop The Contents of several Cases THe Case of the City of London concerning Neusances in stopping up the lights of their Neighbours houses by new Buildings page 1 Touching the custome of Citizens learning that Trade whereunto they have been Apprentices seven years and betaking themselves to other Trades 9 The custome of London touching forreign Attachment 27 The Case concerning the prisage of Citizens Wines  The Case concerning repairing of Wharfes and Docks  The cuctome of London to fine one chosen by the Commons to be Sheriff and refusing to hold 33 The Case of Merchant-Adventurers 36 Certifying Indictments upon Certioraries 42 Concerning Orphans Portions 46 The custome in not removing body and cause upon Habeas Corpus 50 The Case concerning payment of Tythes in London 54 Divers ancient cuctomes and usages of the of City London 79 Hust of Pleas of Land 80 Hustings of Common Pleas. page 85 Assizes of Mort d' ancest in London 94 Assizes of Novel Dissezen called freshforce in London 97 De curia Majoris London Custumis Civitatis ejusdem diversis Cesibus terminalibus in eadem curis 100 The Commission and Article of the Wardmote Inquest by the Mayor 129 An Act for the reformation of divers abuses used in the Ward-mote Inquests 146 The Articles of the charge of the Ward-mote Inquest 151 An Act Parliament for the preservation of the River of Thames 169 An Act of Common Councel concernidg the conservation and cleansing of the River of Thames 174 The Oath of the Constables within the City of London 180 The Oath of the Scavengers 182 The Oath of every Freeman of this City of London 183 An Act of Common Council concerning making Freemen of the City againct colouring of forreign Goods 185 The Statutes of the Streets of this City against Annoyances 187 Old Laws and Customes of this City 196 By Act of Parliament in 14. Car. 2. 198 REPORTS of special CASES Touching several CUSTOMES And LIBERTIES Of the City of LONDON c. The Case of the City of London concerning Neusans in stopping up the lights of their Neighbours Houses by New-buildings REginold Hughs an Attorney of the Kings Bench being seized in his demesne as of Fee of an ancient house in the Parish of Saint Olaves in the Ward of Queen Hithe London in the South-Part of which House have been three ancient Lights time our of mind Anthony Keeme having taken a Lease for 31. years from the Rector and Guardians of the Parish Church of Saint Michael at Queen Hithe by Indenture of a rumous house and yard next adjoyning unto the said House with a Covenant to bestow a 100 marks at the least upon the repairing or new building of the said House doth within two years pull down the said House and doth build a new House in the place where the old House stood and likewise upon the yard whereby the three ancient Lights on the South-side of â—â—â—â— House are stopt up whereupon Reynold Lewes doth bring his action upon the case against Anthony Keem for the stopping up the Lights unto which the said Anthony doth plead a special Plea in Bar shewing the ruinousness of the House and likewise the Lease made by the Rector and Guardians and the Covenant comprised within the Lease and doth also shew that there is a custom in London that if one have an ancient house wherein there are ancient Lights and one other hath a House adjoyning upon that House he that hath the adjoyning House may well enough enhance his House or build a new House upon his ground and to stop those ancient Lights of the House next adjoyning unless there be some writing to the contrary And he doth aver in facto that there was no writing to the contrary and that he according to the Custome did take down the old House and build a new one upon the same Foundation and upon the Yard opposite unto the said Lights whereby they were stopped up and upon this Plea in Bar the Plaintiff demurreth in Law The Questions of this case are First whether it be lawful for a man to build a House upon his own Ground whereby the Lights of an ancient House are stopped there being no Custome to enable him Secondly whether the Custome of London will enable a man to build a new house from the ground where no house formerly was whereby he may stop the ancient lights of his Neighbours house Thirdly Whether upon an ancient foundation a house may lawfully be enhansed so as it shall stop up the light of the Neighbours house adjoyning As to the first it is clear by the opinion of Sir Thomas Flemming Chief Justice of the Kings Bench Sir Cristopher Yelverton Sir David Williams and Sir Iohn Crook Justices of the Kings Bench that there being no custome it is not lawful to erect a new house upon a void piece of ground whereby the old lights of an ancient house may be stopped up for the rule of equity and law saith Utere tuo ut alienum non laedas and the light which cometh in by the Windowes being an essential part of the House by which he
of London were confirmed by K. R. 2. in the Parliament holden in the seventh year of his Raign And averteth That he had served one in the Trade of a Wool-Packer as an Apprentice by the space of seven years and that he was a Citizen and a Freeman of London and that he did relinquish the trade of a Wool-Packer and betook himself to the trade of an Upholster as lawful it was for him to do and so he demandeth the Judgment of the Court if this Information against him will lie and upon this Plea in Bar the said Thomas Allen doth demur in Law The Questions in the Case were these 1. Whether the custome of relinquishing one Trade after that he hath been an Apprentice by the space of seven-years and betaking himself to another Trade wherein he hath not been an Apprentice be good or no 2. Whether it may be taken as a custome or no or whether it shall be said to be the Common Law of the Realm and so the Allegation of it as a custome nought 3. Whether the Statute of the Confirmation of the Customes of London made in the seventh of R. 2. as it is pleaded shall be taken to be an Act of Parliament or only a Confirmation made by the Letters Pattents of the King in Parliament 4. Whether the branch of the statute of 5. Eliz. cap. 4. being in the Negative inhibit all men to exercise the trade when they have not been Apprentice seven years thereunto is a Controlment of the custome of London which can receive no support by the Statute of confirmations and whether that custom shall stand good in opposition of that branch 5. Whether the trade of an Vpholstor be a Trade restrained by the Statute of 5. Eliz. so as Iohn Tolley may exercise it notwithstanding that he hath not been an Apprentice to it by the space of seven years according to the course of the Common Law 6. Whether the Court of the Mayor of London be such a Court of Record as that an Information may be exhibited there 7. Whether a Moyety may be demanded of this Forfeiture by the Informer when as a Proviso in the Stat. of 5. Eliz. 4. doth appoint the levying gathering and receiving of such Forfeiture as falls in a City or Town Corporate to the Mayor or other head Officers to the use and maintenance of the same City or Town Corporate As to the first Question Which is the lawfulness of the custome it was agreed to be good for it might have a reasonable construction beginning and just cause for the putting of it in Execution insomuch that London being a famous City for traffique and commerce cannot but sometimes have Merchants and Tradesmen in it who by misadventure of Pyrates or Shipwrack in the Seas or by conffiscation of their Goods in Forraign Countries abroad oâ— by casuâ—lties of Fire c. at home have their Estates sunk whereby they are not able for want of Stock and Meaneâ— to continue that course of Merchandizing and Trade wherein they have been brought up there being great Stocks and sums of money requisite for the continning of it whereupon they are forc'd to leave that course and betake themselves to some other Trade proportionable to that means which they have left And it were lamentable that wherâ— inevitable casualties have disabled a man to proceed in that course wherin he was brought up he now should not be permitted to acquire his living by any other Trade Also it may be that the Trade whereunto he was an Apprentice requireth great labour and strength of body as the Trade of a Smith Carpenter and such like and that through sickness or other disasters befaln him he is become infirm in body and weak in strength whereby he is not able to use that Trade Now to debaâ— him of all other Trades which are more be fitting his crazy body were somwhat unreasonable Wherefore to meet with these inconveniencies and to give incouragement unto the Citizens and Freemen of London this Custome of relinquishing the Trade whereunto they have been Apprentices by the space of seven years and betaking themselves unto another Trade hath had a perpetual allowance and being grounded upon so good reason still hath its continuance and may not any wayes be called in question for the unreasonableness of it As to the second question scil Whether the Allegation of it as Custome in London that every Citizen and Freeman of London may relinquish his Trade wherein he hath been an Apprentice by the space of seven years and exercise another Trade or no be warrantable by the Rules of Law or no insomuch that before the Stat. of 5. Eliz. 4. which restraineth it it was lawful for every man to use what Trade he would although he had not been an Apprentice by the space of seven years And then it being the Common Law of the Realm that a man might use any Trade although he had not been an Apprentice for seven years it may not be alledged by way of custome in London but it ought to have been shewed as the custome of the Realm for that which is the Common Law of the Realm is the custome of the Realm It was answered and agreed That as this custom was alledged in this information the allegation of it was warrantable in the Law and it may well be said to be a custome before the Stat. of 5. Eliz. For first The custome is restrained to a Citizen and Freeman of London so as he that is not a Citizen and Freeman may not enjoy the benefit of this custome and it being restrictive of the Common Law which giveth power unto all as well Freemen as Citizens to exercise what Trade they will standeth well in custome and may well be alledged by way of custome This is alledged to be the custome of London and so is tyed to a particular place and howsoever it may be the Common Law of the Realm in other places yet in London which is for the most part governed by their particular Customes it may well be said a Custom and so the Plea in Bar good enough as to this exception As to the fourth Question soil Whether the branch of the Statute of 5. Eliz. 4. be a repeal and controul of the Custome of London concerning the exercise of a Trade where he hath not been an Apprentice by the space of seven years It was resolved that the Custome of London was of force and was not any wayes controuled by that branch First In regard that this being a particular Custome used in London the general words of the branch of that Statâ— shall not be taken to extend to the repeal of it For so much regard is to be given unto that City being Camera Regis and as dear to him as the Apple of his Eye that the Customes of that place shall not be overthrown by the extent of general words where there is no particular provision
Secondly in regard that Frances Hanger being the Executrix of George Hanger is the representative person of George Hanger as to these Wines so that such Priviledges and Immunities as George Hanger was to enjoy if he had been living the same shall Frances Hanger have benefit of after his death And therefore notwithstanding Frances Hanger had been a Nun and so a dead person in Law to all intents and purposes yet she being made an Executrix and so the representative person of the said George Hanger shall be enabled to sue and be sued as concerning the personal Estate of the Testator so far as George Hanger himself might sue or be sued And if Frances Hanger being a Neif had been made Executrix now she being the representative person of George Hanger may well enough sue her Lord unto whom she is a Neif Reguardant or any other person whatsoever and the being of a Neif shall not be any disability unto her as to her office of Executrix-ship The same Law would have been if Frances Hanger had been wained and afterwards had been made Executrix for she putting on the person of George Hanger and representing him shall be clothed with the same Priviledges and Abilities as he was and so Frances Hanger being enabled by the common Laws of this Realm to sue and to be sued although she had been a Nun a Neif or a wained person because she represented the person of George Hanger whose Executrix she was shall be likewise capable of this priviledge of the payment of Prisage for the Wines of George Hanger as George Hanger was Thirdly this Charter made by King Edward the third being a Charter only to discharge the Citizens of London of the payment of Prisage and not a Charter whereby the Prisage of the Citizens of London is granted unto others shall have a liberal construction and not be streined unto a special intent as a Patent of charge shall be for it is evident by divers cases in our Books that Frances Hanger being an Executrix shall be taken to be within the remedy of an Act of Parliament to discharge her self of a burden imposed upon her in respect of George Hanger her Testator notwithstanding there was never so much as any mention made of her as Executrix in the Act of Parliament And therefore Frances Hanger being an Executrix shall have an attaint upon the Statute of 23. H. 8. chap. 3. to discharge her self of a false Verdict given against George Hanger whereby his Goods are to be charged and yet she is not named in the Act of Parliament So Frances Hanger being an Executrix shall have a Writ of Errour upon the Statute of 27. El. chap. 8. in the Exchequer Chamber to discharge her self of an Erroneous Judgement given into the Kings Bench against George Hanger whereby his Goods are subject to an Execution Likewise if George Hanger be Out-lawed upon a Writ of Cap. ad satisfaciend awarded upon a Judgement given in Debt or other personal Action against him Frances Hanger as Executrix of George Hanger shall take advantage of a general pardon made by Act of Parliament in the life of George Hanger and shall be suffered to plead it and to give satisfaction of the judgement given against George Hanger whereby she may be enabled to take benefit of the pardon the which being so that Frances Hanger is a person capable to discharge her self of a false Verdict of an Erroneous Judgement of an Out-lawry pronounced against George Hanger her husband where the Statute by precise words doth not relieve her à fortiori shall Frances Hanger in the case at the Bar be enabled to discharge her self of the prisage of these Wines within the Charter of Edward the third Fourthly by the same reason that the Butlarage shall be paid by the Executors or Administrators of an Alien for the Wines brought into England in case where the Alien owner of the Wines do die before such time as the Ships are unladen and way shall not be given to make an evasion to the payment of Butlarge upon an averment that the owner of the Wines is dead before the unbulcking of the Ships so by the same reason prisage shall not be paid for the Wines of George Hanger who dyed before such time as the Ships came in for those Wines shall continue the Wines of the Alien to make his Executors subject unto the payment of Butlarage so these Wines shall remain the Wines of George Hanger to free Frances Hanger his Executrix from the payment of prisage Fifthly there being nothing done in the case at the Bar to prevent George Hanger whereby his Wines should be made uncapable of the discharge of the payment of Prisage within the Charter granted by King Edward the third but only the death of George Hanger before the disburdening and unlading of his Ships and this being only the Act of God which by no power of man can be resisted nor wit prevented shall never turn him to that prejudice that a charge now shall be imposed upon his Wines the which ought not to have been if George Hanger had over-lived the time of breaking the bulk for it is a Maxim held and a principle of the common Lawes of the Realm that the Act of God shall never prejudice in case where there is not any Latches in the party and upon this reason is it that if one that is impleaded hath cause of priviledge because he is the menial Servant of the Lord Chancellour he shall not be prevented of priviledge by the death of the Lord Chancellour but he shall enjoy it that death notwithstanding likewise it would be a great discouragement to the Merchants to hazard their own lives in fighting against the Pyrates and in being upon the Seas when their deaths shall subject them to the payment of Prisage Sixthly in the case at the Bar there are four times to be observed the first of which is the time of the fraughting of the Ships and the sending them out of England beyond the Seas the second is the time of the arrival of the Ships and the unlading and disburdening of them beyond the Seas the third is the time of the lading of the Ships with Wines and the returning of them for England the fourth is the time of the arrival at the Port in England and the unlading of them here and three of these times were passed in the life of George Hadger when he was a member of the City and a Citizen as others are for all the four Ships and part of the fourth time also for two of the Ships for at the time that the Ships were Fraughted and sent out of England to the intent to bring in these commodities George Hanger was a Citizen so when the Ships arrived in the Port beyond the Seas and unladed themselves to receive â—n the Wines for which they went he continued a Citizen Likewise when the Ships
That as well Citizens as Strangers should pay and the King could not grantâ—it to the City son it is an imposition not allowed by the Law first against Citizens because although the Taâ— may be made for the generaâ— good of the City yet it cannot bâ— imposed or taxed upon particulaâ— persons but upon every House oâ— the City c. but here it is particular and personal to this part of the City Also this Dock was never repaired at the general charge of the City but by the particular Warâ— of Baynards-Castle Also the Citizens of London shall not pay Toâ— in any place of England and her the Dock stands upon the passage oâ— the City and every Wharfe is as â— Gate of the City and therefore they may as well impose a tax upon every one which goeth out of any of the Gates of the City which is unreasonable and against Law as out of this Wharfe And also here is no certain profit to the City but this taxation is farmed for one and twenty years for ten shillings a year to the City which if it were a general charge there ought to come some general benefit by it to the City It is not like to the case of Cloth Co. part 5. fol. 62. because that was for the general good of the Realm and in the furtherance of the Execution of divers Statutes but this is neither in furtherance of either Statute or common Law but rather to the prejudice of both because every Citizen in respect of his Freedome is equal to the Lord Mayor And 29. Eliz. in the Common Pleas it was ordained by the Common Councel That none should use any Sand in the City except it were taken out of the Thames and it was adjudged to be against Law and the Officer of the Mayor was committed to Prison And this Dock did heretofore belong to the Arch-bishop of Canterbury and hath ever been free also here the Assessment is unreasonable viz. to pay for every load a penny especially for Inhabitans about and neer the Dock and so he prayed that there might be no Procedendo Crook George was of the same side And he said that by the Act of Common Councel it is enacted that none shall carry c. so that by that Ordinance none shall carry a Paile of Water but he shall pay a penny for it Also the Assessment is to be levied and to continue for twenty one years together which is unreasonable and it hath been adjudged here that an Assessment levied for twenty one years for reparations of a Church was not lawful Mosley of Grays-Inne prayed for a Procedendo and said that it did not appear by the return that Kâ—ate was a Citizen and the Judges are not to meddle with any thing which is not within the return and he said it was a good By-law founded both upon custome and prescription and he put Taverner and Cromwells Case Pasch 16. Eliz. 322. 323. Dyer where the Lord of a Mannor made a By-law that no Tenant should put his Beast into the Common before the ringing of a Bell upon pain to forfeit twelve pence and adjudged a good Ordinance and he cited Smith and Shepherds cafe 49. Eliz. where there was a prescription for through Toll adjudged to be good because it was for maintenance of High-wayes so here it is for the Weal Publique of that part of the City and for all the City and it should be a great inconvenience that this Wharfe should not pay add that all other Wharfes should pay Toll and that was one wisemans Case 42. Eliz. that Wharfaye by prescription is good and 44. Elizab. in Hankshead and Wooas Case where Toll was paid for maintenance of the Walls of Salisbury for every pack of Wooll which passed by one penny and holden to be a good imposition and the case of Gravesend where there was an imposition that every one which landed at Gravesend should pay a penny toward reparation of the Bridge and good by the better opinion of 11. H. 6. Of Fair and Market Walter was of the same side this by Law is good First it is not against the Rules of Law nor the Prerogative of the King nor the benefit of the Subfect for by the Statute of 4. H. 7. cap. 15. 16. that the City of London is conservator of the River of Thames from Stanes to Yealand in the County of Kent Also by the Statute of 28. H. 8. cap. it is ordained that the River shall not be stopped Ergo this by Law is for the better execution of those two Acts of Parliament Secondly it is a benefit to the Subject because before none could any thing there without danger but now by this means the rubbish is cleansed and a stranger shall have a quicker and safer return and the penalty upon the Cloth in the Case before cited Co. part 5. is a stronger Case then this is because Dock hath continue all need to be cleansed and if such a Tax should be for reparations of the Walls of a City it would be good As to the objection he answered that as the said Case of Hallage cited before Co. part 5. so this is a general in particular and the Tax upon the Cloth was to be paid to a particular person viz. the Chamberlain as here it is who is a General Officer for the City The Case of digging of Sand was not good because thereby a man was prohibited to use his his own inheritance Commoners may make a by Law that none shall put in his Beasts before such a day but if the by Law be that one particular man shall not put in his Beasts before such a day that would not be good but our Case is more general and so prayed for a Procedendo Mountague Recorder If this be overthrown all the Orders and Ordinance of the City should be made void and stand for nothing and he said that the very objection that a Tax could not be imposed upon Strangers was made in the Case of Hallage before Yelverton Henry The Case that Walter hath put for the cleansing of rubbish c. may be good but there is no such thing here but Tax only for landing adjurnatur The Custome of London To fine one chosen by the Commons to be Sheriff and refusing to hold RIchard Chamberlain a Citizen and Freeman of London being chosen by the Commons according to the custome of London to be one of the Sheriffs of the City of London is convented before the Major and Commonalty to take the Office upon him or otherwise to take his Oath that he is not worth ten thousand pounds upon his appearance he refuseth to take the Oath and likewise to execute the Office whereupon according to the custome of London he is fined four hundred Marks and committed to prison until such time as he enter into Bond unto the Major and Commonalty for the payment of it He becometh bound accordingly unto the Major and
Tythes are not to be paid of any thing but such things as do increase and renew as it appeareth by the Levitical Law and the Common Law of the Land Secondly houses are matters of inheritance whereof a praecipe lieth at the Common Law And the rent reserved upon a Lease made of them is likewise knit unto the inheritance and parcel of it so that it shall go along unto him that hath the inheriritance and therefore shall descend unâ—he Heir and it is a rule in Law that Tythes are not to be paid of part of the Inheritance but they ought to be paid of such things as renew upon which reason it is that Tythes by the Common Law of the Land are not to be paid of Slate Stone and Cole digged out of the Pit Thirdly houses being built only for the receiving habitation and dweling of men and for conveniency of protection against the scorching Heats in Summer and tempestuous Storms in Winter without any profit at all redounding unto the owner And the Parson being to have a benefit otherwise in the payment of personal Tythes arising through his industry in the house no Tythes can be demanded for the houses themselves or for the rent reserved upon them Fourthly the Decree made 38. H. 8. which exempteth the houses of Noblemen from the payment of any rate-Tythes sheweth the Common Law to be so that houses of themselves are to be discharged of the payment of Tythes and accordingly it hath been adjudged in divers cases hapning at the Common Law that Tythes by the course of the Common Laws may not be demanded for houses but they are to be discharged As to the second point which is whether custom can establish a right of payment of any thing unto the Pason for houses It is clear that it may well enough for it may well be that before such time as any house was built upon the ground where the house stood there had been a summe of money paid for the profits of the ground in the name of a modus decimandi and so howsoever the house is built upon the ground yet the modus continues and is not taken away by it and so there being a continuance of payment of the modus after the building of the house time hath made it to be a payment for the house But this payment is to be termed a modus decimandi and cannot be well called a Tithe paid for houses because as it is formerly said Tithes may not be paid for houses and all this appeareth by Doctor Grants case in the eleventh Report As to the third point which is what was anciently paid by the Citizens of London unto the Ministers of London and how the payment grew It appeareth by the Records of London that Niger Bishop of London 13. H. 3. made a Constitution in confirmation of an ancient custome formerly used time out of mind that provision should be made for the Ministers of London in this manner that is to say that he which payeth the rent of twenty shillings for his house wherein he dwelt should offer every Sunday and every Apostles day whereof the Evening was fasted one half-penny and he that paid but ten shillings rent yearly should offer but one farthing and all this amounted unto but according to the proportion of 2. sh 6. d. per pound for there were fifty two Sundayes and but eight Apostles dayes the Vigils of which were fasied And if it chanced that one of the Apostles dayes fell upon a Sunday then there was but one half-penny or farthing paid so that sometime it fell out to be less by some little then 2. sh 6. d. per pound and it appeareth by our Book-cases in Edward the third his Reign that the provision made for the Ministers of London was by offerings and obventions howsoever the particulars are not designed there but must be understood according to the former Ordinance made by Niger and the payment of 2. sh 6. d. in the pound continuing until 13. K. Ric. 2. Thomas Arundel Arch-Bishop of Canterbury made an explanation of the constitution made by Niger and thrust upon the Citizens of London two and twenty other Saints days then were meant by the constitution made by Niger whereby the Offerings now amounted unto the summe of 3. sh 5. d. per pound against which explanation there being some reluctation by the Citizens of London Pope Innocent in 5. H. 4. granted his Bull whereby the former explanation was confirmed which confirmation notwithstanding the difference between the Ministers and Citizens of London about those two and twenty Saints dayes which were added unto their number Pope Nicholas by his Bull in 31. H. 6. made a second confirmation of the explanation made by the said Arch-Bishop Against which the Citizens of London did contend with so high a hand that they caused a Record to be made whereby it might appear in future Ages that the Order of explanation made by the Arch-Bishop of Canterbury was done without calling the Citizens of London unto it or any consent given by them And it was branded by the name of an Order surrepritiously and abruptiously gotten and therefore more fit to have the name of a destructory then a declaratory Order the which contending notwithstanding as it seemeth the pain was most usually made according unto the rate of 3. sh 5. d. in the pound for Linwood who writ in the time of K. H. 6. in his Provincial Constitutions debating the question whether the Merchants and Artificers of the City of London ought to pay any Tythes sheweth that the Citizens of London by an ancient Ordinance observed in the said City are bound every Lords day and every principal Feast-day either of the Apostles or others whose Vigils are fasted to pay one farthing for every ten shillings rent that they paid for their houses wherein they dwelt and in 36. H. 6. there was a composition made between the Citizens of London and the Ministers of London that a payment should be made by the Citizens according unto the rate of 3. sh 5. d. in the pound and if any house were kept in the proper hand of the owner or were demised withoutreservation of any rent Then the Churchwardens of the Parish where the houses were should set down a rate of the houses and according unto that rate and payment should be made After which composition so made there was an Act of Common Councel made 14. E. 4. in London for the confirmation of the Bull granted by Pope Nicholas But the Citizens of London finding that by the Common Lawes of the Realm no Bull of the Pope nor Arbitrary composition nor Act of Common Councel could bind them in such things as concerned their inheritance They still wresiled with the Clergy and would not condesâ—end unto the payment of the said elevenpence by the year obtruded upon them by the addition of the two and twenty
Saints days whereupon there was a submision unto the Lord Chancellour and divers others of the Privy Councel and they made an Order for the payment of Tythes according unto the rate of 2. sh 9. d. in the pound the which Order was first promulgated by a Proclamation made and afterwards established by an Act of Parliament made 17. H. 8. cap. 21. in confirmation of which said Order there was a Decree made 37. H. 8. with some further additions the which said Decree was confirmed by an Act of Parliament made 37. H. 8. cap. 12. So as it appeareth by that which hath been formerly said that the first payment was only according unto the rate of 2. sh 6. d. per pound afterward the payment was increased to the rate of 3. sh 5. d. per pound and lastly there was an abatement and payment made only according to the rate of 2. sh 9. in the pound The first payment grewby Custome the second by Constitutions and Bulls of the Pope the last by Decree in the Chancery As to the fourth part which is whether this twenty five pounds per annum reserved by way of sine and income be a rent within the words of the Decree or Statute or not It was clearly agreed and resolved that it was not a rent For it may not be said either a rent-service rent-charge or rent-seck and there are only three manner of Rents Et argumentum à divisione fortissimum Secondly it hath not the properties and qualities of a Rent for it shall not be incident to the reversion of the house to pass or descend with it it shall not be extinguished by the purchase of the house not suspended by an entry in the house nor apportioned by an eviction of part of the house Thirdly the party himself in his Indenture of Lease hath called it a Fine and Income and hath expressed the days of payment for it as a Fine and Income and therefore now it may not well be said to be a rent either in the judgement of the Common Laws or Ecclesiastial Laws or in common accepration As to the fifth part which is whether this twenty five pounds by the year thus reserved upon a Covenant by way of Fine and Income be a rent within the intent and meaning of the Decree made 37. K H 8. cap. 12 It was conceived by those that argued on the behalf of the Ministers of London upon the reasons hereafter following that the reservation of twenty five pounds by the year by way of Income was a rent within the meaning of the Decree and that the Plaintiff ought to have the rate-Tythes paid unto him according to the proportion of thirty pounds by the year and not according unto the rate of five pounds by the year only First in regard that this Fine being profit which ariseth by reason of the house and being payable at the same times that the first five pounds which without question is a rent is payable and upon the same conditions may well be said a rent both out of the Etymology of the word by common acceptation of the thing by the judgement both of Common Laws and of the Laws of the Church and so is a rent within the intent of the Decree and the nameing of it a Fine or Income shall not cause an evasion out of the Law Secondly this Decree and Act of Parliament being made for the avail of the Church and setling of the revenue thereof shall have as liberal construction to give life unto the true intent and meaning of it as may be and the slight of payment of it as a gross sum by way of Fine and Income upon a Covenant made by Goff the Leassee shall not defeat the good provision made by the Decree Thirdly this 2. sh 9 d. in the pound being the labourers hire and given him in satisfaction and recompence of all manner of Tythes either personal predial or mixt the Decree made concerning it ought to be extended and enlarged so far as by reasonable exposition it may and is not any wayes to be restrained whereby to give way to any cautelous provision made by the party Fourthly the Common Law and Statutes having all with one voice condemned fraud covin and deceit used in any manner of kind or way and bandying themselves against it whereby to extirpate and root it out of the hearts of all and to prevent it from being put in Ure in the actions of any man It is great reason in this case which concerneth God the Church Religion and Learning to suppress all manner of Acts which may any way have a taste or touch of fraud Wherefore this Fine or Income thus reserved by way of Covenant having the appearance of fraud shall be taken to be a rent within the intent and meaning of the Decree and way shall not be given to this device whereby to defeat the Church and Ministers of it of their due But those that argued on the behalf of the Citizens of London were of opinion that this Fine and Income was not within the intent and meaning of the Decree for the Decree being that the Citizens and Inhabitants of the City of London and Liberties of the same for the time being shall yearly for ever without fraud or covin pay their Tythes to the Parsons Vicars Curates of the said City and their Successors for the time being after the rate hereafter following that is to wit of every ten shillings rent by the year of all and every House and Houses Shops Warehouses Cellars and Stables within the said City and Liberty of the same sixteen pence half-penny and of every 20. sh rent of all and every such House and Houses Shops Waâ—houses Cellars and Stables within the said City and Liberties 2. sh 6. d. and so above the rate of twenty shillings by the year ascending from ten shillings to ten shillings according to the rate aforesaid And where any Lease is or shall be made of any dwelling house or houses shops warehouses cellars or stables or any of them by fraud or covin reserving less rent then hath been accustomed or is or that any such Lease shall be made without any rent reserved upon the same by reason of any Fine or Income paid before hand or by ay fraud or covin that then and in every such case the Tenant or Farmer Tenants or Farmers thereof shall pay his or their Tythes of the same according to the quantity of such rent or rents as the same house or houses shops warehouses cellars stables or any of them were last letten without Fraud or Covin before the making of such a Lease It appeareth that the Decree aimeth at a rent and not at a Fine or Income for within the words above mentioned it appeareth that there is a difference and distinction made between a Fine and an Income and the intent of the maker of the Decree is best drawn and understood by the
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 Taveâ—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
obedient ye shall be to the Mayor and Ministers of this City the Franchises and Customes thereof ye shall maintain and this City keep harmless in that which in you is Ye shall be contributory to all manner of charges within this City as Summons Watches Contibutrions Taxes Tallages Lot and Scot and to all other charges bearing your part as a Freeman ought to do Ye shall colour no Forraign Goods under or in your name whereby the King or this City might or may lose their Customes or Advantages Ye shall know no Forraigner to buy and sell any Merchandize with any other Forraigner within this City or Franchise thereof but ye shall warn the Chamberlain thereof or some Minister of the Chamber Ye shall implead or sue no Freeman out of this City whiles ye may have Right and Law within the same City Ye shall take none Apprentice but if he be free born that is to say no Bond-mans Son nor the Son of any Alien and for no less term then for seven years without Fraud or Deceit and within the first year ye shall cause him to be enrolled or else pay such a Fine as shall be reasonably imposed upon you for omitting the same and after his terms end within convenient times being required ye shall make him Free of this City if he have well and truly served you Ye shall keep the Kings Peace in your own person Ye shall know no Gatherings Conventicles or Conspiracies made against the Kings Peace but ye shall warn the Mayor thereof or let it to your power All these points and Articles ye shall well and truely keep according to the Laws and Customes of this City to your power So God you help God save the King An Act of Common Councel 1. of June 18. K. H. 8. Concerning making Freemen of the City against colouring forreign Goods AT this Common Councel it is agreed granted ordained and enacted That if hereafter any Freeman or Free-woman of this City take any Apprentice and within the term of seven years suffer the same Apprentice to go at his large liberty and pleasure and within or after the said term agree with his said Apprentice for a certain sum of money or otherwise for his said service and within or after the end of the said term the said Freeman present the said Apprentice to the Chamberlain of the City and by good deliberation and upon his Oath made to the same City the same Freeman or Freewoman assureth and affirmeth to the said Chamberlain that the said Apprentice hath fully served his said term as Apprentice Or if any Freeman or Freewoman of this City take any Apprentice which at the time of the said taking hath any Wife Or if any Freeman or Freewoman of this City give any Wages to his or her Apprentice or suffer the said Apprentices to take any part of their own getting or gains Or if any Freeman or Freewoman of this City hereafter colour any Forreign Goods or from henceforth buy or sell for any person or persons or with or to any person or persons being Forreign or Forreigners Cloths Silks Wine Oyles or any other Goods or Merchandize whatsoever they be whether he take any thing or things for his or their Wages or Labor or not Or if any person or persons being Free of this City by any colour or deceitful means from henceforth do buy sell or receive of any Apprentice within this City any mony goods merchandize or wares without the assent or license of his Master or Masters and upon examination duly proved before the Chamberlain of the said City for the time being And the same reported by the mouth of the said Chamberlain at a Court to be holden by the Mayor and the Aldermen of the same City in their Councel Chamber That aswel the said Master as the said Apprentice shall for evermore be disâ—anchised God save the King The Statutes of the Streets of this City against Annoyances 1. First no man shall sweep the filth of the Street into the Channel of the City in the time of any Rain or at any other time under pain of six shillings eight pence 2. No man shall cast or lay in the Streets Dogs Cats or other Carren or any noysome thing contagious of Air. Nor no Inholder shall lay out Dung out of his house but if the Cart be ready to carry the same away incontinently under pain of forty shillings 3. No Brewer shall cast willfully dregs or dross of Ale or Beer into the Channel under pain of two shillings 4. No man shall encumber the Streets with Timber Stones Carts or such like under pain of Forfeiture of the same thing that so encumbreth the Streets which is twenty shillings fine if he remove it not at the warning of the Serjeant of the Market 5. Every Builder of houses ought to come to the Mayor Aldermen and Chamberlain for a special License for hourd of by him to be made in the high Street and no Builder to encumber the Streets with any manner of thing taking down for the preparing of his New Building under pain of forty shillings except he make a hourd of sorty shillings 6. No man shall set any Carts in the Streets by night time under the pain of twelve pence and recompence to such persons as shall be hurt thereby if any such be twelve pence 7. No Budge-man shall lead but two Horses and he shall not let them go unled under pain of two shillings 8. No man shall ride or drive his Car or Cart atrot in the Street but patiently under pain of two shillings 9. No man shall Gallop his Horse in the Street for Wager or otherwise under like pain of two shillings 10. No man shall Shoot in the Street for Wager or otherwise under like pain of two shillings 11. No man shall bowl or cast any Stone in the Street for Wager or gain or such like under pain of two shillings 12. No man shall dig any hole in the Street for any matter except he stop it up again under pain of two shillings and recompence to any person hurt thereby two shillings 13. No man bury any Dung or Goung within the Liberties of this City under pain of forty shillings 14. Goung-Fermour shall carry any Ordure till after nine of the Clock in the night under pain of thirteen shillings four pence 15. No Goung-Fermour shall spill any Ordure in the Street under pain of thirteen shillings four pence 16. No man shall bait Bull Bear or Horse in the open Street under pain of twenty shillings 17. No man shall have any Kine Goats Hogs Pigs Hens Cocks Capons or Ducks in the open Street under pain of forfeiture of the same 18. No man shall maintain any biting Curs or mad Dogs in the Streets under pain of two shillings and recompence unto every party hurt therewith two shillings 19. No Carts that shall be shod with Spig-nails that shall come upon the Streets of this City