words of the Decree wherefore the Party Leassee having expressed himself that this twenty five pounds by the year shall be paid in name of a Fine and Income And the Decree it self shewing that by reason of a Fine or Income less rent is reserved it may not be said that this twenty five pounds by the year shall be a rent within the meaning of the Decree when there is a rent of five pounds also reseserved beside this Income Secondly this Decree made in 37. H. 8. being penal unto the Citizens of London because it inflicteth imprisonment upon him upon his non-payment of his Tythe according to the rent reserved and being also in advantage of the Ministers of London because by vertue of this Decree the Minister is to have according to the rate of 2. sh 9. d. in every twenty shillings where anciently he had but 2. s. 6. d. it is no reason to extend it by equity and to construe that to be a rent within the intent and meaning of the Decree which of it self is a Fne or Income Thirdly there never hauing been above the rent of five pounds by the year reserved upon any Lease made it cannot be taken to be any covin or collusion When the ancient rent is reserved insomuch that now so much as the Law requireth is done and besides where the Common Law or Statute Law shall take notice of a Fraud it ought to be in case where the thing in which the Fraud or deceit was supposed is formerly in being for a Fraud may not be committed to a person or thing not in being Fourthly it is to be reserved so that if no rent at all had been reserved there might not any more have been demanded but only according to the rate of the rent which was last reserved for the houses wherefore the ancient rent of 5. l. being here reserved it cannot be that within the intent and meaning of the Decree there can be more rate-Tythes demanded then according to that rent And besides the very words of the Decree intimates that there is no fraud within the meaning of the Decree but only where by reason of the Fine or Income there is not rent at all reserved or a less rent then was anciently reserved wheresore in the Case at the Barre the old rent being reserved there may be no fraud at all As to the sixth and last part which is who shall be Judge of the payment of Tythes for houses in London and the remedy for the recovery of them It is apparent out of the words of the Decree that the Mayor of the City of London is Judge and is to give order concerning them and Suit is not to be made in the Ecclesiastical Court for them and if it be a Prohibition is to be granted insomuch that the party grieved resorteth unto another Judge then the Statute hath appointed But if the Mayor do not give aid within two moneths after complaint made or do not give such aid as is fitting then resort is to be made unto the Lord Chancellour of England who hath three moneths given him for ending of the said Cause Whereunto is annexed divers ANCIENT Customs AND USAGES Of the said City of LONDON Newly Re-printed LONDON Printed for Abel Roper at the Sun against St. Dunstans Church in Fleet-street 1670. DIVERS ANCIENT CUSTOMS AND USAGES OF THE City of LONDON IN Plato Ferre in Hustings London viz. That all the Lands Tenements and Hereditaments Rents and Services within the City of London and the Suburbs of the same are pleadable in the Guild-Hall within the said City in two Hust of which one Hust is called Hust of a Plea of Land and the other Hust is called Hust of Common Pleas and the said Hustings are kept in the Guild-Hall before the Mayor Sheriffs and other of the said City every week upon Munday and Tuesday that is to say Munday to enter demands and to award Non-Suits and allow Essovnes and on Tuesday to award defaults and to plead saving at certain times and Festival dayes and other reasonable causes on which times no Hust may be kept by Custome of the said City Nota quod Hust of Pleas of Land must be kept one week apart by it self and the Hustings of Common Pleas one week by it self at the said days yet the Inrolements of the said Hust make mention only of Munday Hust of Pleas of Land IN Hust of a Plea of Land are pleaded Writs of Right Patent directed to the Sheriffs of London in which Writs there are such process by custome of the said City viz. The Tenant or Tenants at the first shall have three Summons to the Tenants delivered at three Hust of Plea of Land next following after the livery of the Writ not demanding the Tenants at any the Hust aforesaid And after the three Summons ended three Essoynes and other three Hust of Plea of Land then next following and at the next Hust after that three Essoyns if the Tenants make default Process shall be made against them by Grand Cape or Petit Cape after appearance and other Process as at the Common Law And if the Tenants appear the Demandants shall declare against the Tenants in nature of what Writ they will except certain Writs which are pleadable in the Hust of Common Pleas as shall hereafter be shewed without making protestation to sue in nature of any Writ and the Tenants shall have the view and shall be Essoyned after the view at the Common Law And shall also have the Tenants Essoyned after any appearance by the custome of the City And although one such Writ be abated after view by exception of Joyntenants or other exception dilatory and although the same Writ be restored the Tenants by the custome of the said City shall have the view in the second Writ notwithstanding the first view had And if the parties plead to Judgement the Judgement shall be given by the mouth of the Recordeâ— and six Aldermen had wont to be present at the least at every such Judgement given and every Beadle by advise of his Aldâ—â—man against every Hust of Pleas of Land shall cause to be summoned twelve men being Freeholders of the best and most sufficient of his Waâ—d to come to the Guild Hall to pass an Enquest if need be if there be so many men of heritage within the same Ward And if the parties pleading come to an Enquest then shall the Enquest be taken of landed men being Freeholders of the same Ward where the tenements are and of other three Wards nearest adjoyning to the place where the Terants are so that four men of the same Ward where the Tenants are shall be swoâ—n in the same Enquest if there be to mary And no damages by the custome of the City are recoverable in any such Writ of â—ight Patent And the â—â—quesâ— may pass the same day by such common summons of the Beadle if the parties be at Issue and the Juiors do
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
and if the Tenant come and plead then he shall have an Essoyn and so after every appearance and if he make default at the Grand Distress then shall Commandment go to the Sheriff by the Mayors precept that the Sheriff shall come to the place wasted and shall enquire of the waste and damages according to the Statute and that they return the same at the next Hust of Common Pleas and the Plaintiff shall recover the place wasted and the treble damages by the Statute In a Writ of Error of Judgement given in Court before the Sheriffs in Actions personal and in Assizes of Novel Desseizen or Mortdanc taken before the Sheriffs and the Mayor shall make a Warrant to the Sheriffs to cause the Record and Process to come at the next Hust of the Pleas and that they cause the parties to be waâ—ned to hear the Record and after the Record and Process be in the Hust although the Defendant come by warning or make default the Errors shall be assigned and there the Judgement shall be affirmed or reserved as the Law requireth And it is to be noted that by custome of the same City that when a man is condemned in debt or attaint of damages in any action personal before the Sheriffs and bringeth such a Writ of Error he which bâ—ingeth the Writ must before he be delivered out of Prison find sufficient Sureties of men resident within the City to be boâ—nd before the Mayor and Sheriffs to pay the money or to being in the body taken in case the Judgment be affirmed and in like sort is to be done where damages are recovered in Assize before the Sheriffs and Coroners In a Writ of Replegiari the process is such that if any one take a Distress or other sole thing within the said City he which oweth the goods may come to one of the Sheriffs and shall have a Minister at the Commandment of the Court to go to the party that took the goods and if he may have the view to praise them by two honest men and then shall a plaint be made in the Sheriffs paper-Office in this wise T. S. queritur versus I. L. de averus suis injuste Capt. in Dominio suo vel in libero Tenemento suo in â—arochia Sancti c. And the same party shall then find two sufficient Sureties to sue and make return of the Goods or the pâ—ice thereof in case the return be awarded and so shall have deliverance and the Parties shall have a day prefixed at the next Hust of Common Pleas and then at the next Hust of Common Pleas the Sheriff shall make a Bill containing all the matter and the plaint and shall carry the Bill to the same Hust and there it shall be put upon the file and the parties shall be demonded at what day the one or the other may be essoyned of the common Essoyn and if that day the Plaintiff maketh default return shall be awarded to the Avowant and return in such case is awardable three times by the custome of the City and the third time not reprisable and at that time the Avowant maketh default then it shall be awarded that the goods remain to the Plaintiff viz. that the goods remain without any recovering and if it be that the Sheriff cannot have view of the Distress taken then he shall certifie it into the said Hust and there shall be awarded the Wetherum and upon that process shall be made and if the parties come and Avowry be made and pleaded to the Judgement or to the Issue of the inquest then shall Judgement be given or process to cause the Jury to come as the case requireth and the parties may be Essoyned after appearance and if the party claim property in the Distress and then certifie the same in the Hust and the process shall be made by precept made to the Sheriff to try the property c. And although the party be essoyned of the Kings service in a Replegiare and at the day that he hath by Essoyn make default or bringeth not his Warrant he shall not be cleared of damage In a Writ of Particepat faciend to make partition between Parceners of the Tenants in London the Writ closed shall be directed to the Mayor and Sheriffs containing the matter according to the form of such Writ and the parties shall be warned by precept from the Mayor directed to the Sheriff and the Tenants may be essoyned and if they come they may plead their matter and if they make default the Writ of Partition shall be awarded by default and every Beadle of the said City by the advise of his Alderman against every Hust of Common Pleas shall cause to be summoned twelve men being Free-holders of the best and most sufficient of his Ward to come to the Guild-Hall aforesaid and to pass in Juries if need be if there be so many men landed in the said Ward and the Juries shall be taken as before is said in the Hust of Plea of Land And note that Writs of Exigent are taken out of the Hust as well in Hust of Common Pleas as of Pleas of Land but those Exigents that are taken in the one Hust are not to be sued in the other Hust and at the fifth Hust the Utlaries and Weyneries shall be given in full Hust before the Mayor and Aldermen by the mouth of their Recorder and also all Judgements which are given in the Hust shall be given in the same manner and the Exigent after every Hust shall be enrolled and sent into the Chamber of the Guild-Hall aforesaid And you must note that all Amerciaments incident to the said Hust pertain to the Sheriffs of the said City and that the Aldermen of London shall be suâ—moned to come to the Hust and ougâ—â— by custome of the City to be summon by one of the Sheriffs Officers sittiâ—â— upon a horse of a C. s. price at least Assize of Mort d'Ancest in London THe Assizes of Mort d' Ancest aâ— holden and determinable before the Sheriffs and Coroners of London oâ— the Saturdayes from fourteen days tâ— fourteen days at the Guild Hall for which the Process is this viz. he that wilâ— have such Assizen shall come in the Hust or into the Assembly of the Mayoâ— and Aldermen in the Chamber of the Guild Hall any Munday as is said in the Assize of fresh force and shall make a Bilâ— containing the form of the Assize oâ— Mort d'ancest according to the case anâ— that Bill shall be enrolled and after the common Clerk shall make another Bâ—â— containing all the matters of the finâ— Bill making mention of the title of the Hust or of the day of the assembly of the Mayor and Aldermen and this Bill shall be sent unto the Sheriffs or either oâ— them to serve according to the custom and whiâ—â— Bill shall be served by any Serjeant or other Minister of the Sheriffs viz. the land Serjeant the Wednesday next
enrolled of Record before the Chamberlain of the Guild-Hall and such Apprentice may bind himself or his friends may put him to a Trade by their Indenture if he be of convenient age at the discretion of the Chamberlain or Mayor and Aldermen if need be And no Apprentice by custome of the said City may be bound for less term then seven years and the Indenture must be enrolled within a year after the making thereof upon a certain penalty set down And after that such Apprentice hath well and sufficiently served his term he shall be made a Freeman of the said City without other redemption whereas no other may come by the Freedome without redemption except those which are born within the said City of what country soever they be under the obeysance of out Sovereign Lord the King by custome of the said City are also Free by their birth having respect to the Priviledges of the Freedome As those which have been Apprentices or otherwise been made Free by redemption and Women under Covert Bath using certain Crafts within the City by themselves without their Husbands may take Maides to be their Apprentices to serve them and teach them their Trade which Apprentices shall be bound by their Indenture of Apprentiship to the Husband and the Wife to learn the Wives Trade as is aforesaid And such Indenture shall be enrolled as well as the other And note that any one having such Apprentice may sell and devise his said Apprentice to whom he will being of the same Trade as well as his Chattel Item the Thames-water so far as the bounds of the Freedom of the City doth stretch is parcel of the City And the same Water and every Appurtenances within the said Franchize hath alwayes been governed by the same City as parcel of the same City as well the one part of the Water as the other And the Sheriffs of London for the time being have alwayes used to do arrests and executions at the suit of the parties in the said Water of Thames viz. from the East-side of the Bridge of London to Recolv and from the West part of London Bridge to Stanes Bridge Item the Sheriffs of London ought by custome of the City to have the forseiture of all Fugitives and Felons goods whatsoever as well within the said City as the Water of Thames in and of their Farm which they pay yearly to the King Item by custome of the City no attaint is maintainable nor lieth within the City Item by Ancient custome of the same City no man dwelling within the same City can be taken nor led out of the City by colour or claim of villenage before the matter be discussed by order of Law Item if a Freeman of the said City coming or going with merchandize elsewhere out of the same City be constrained to pay Toll or other custome or that his Goods be arrested or carried away wrongfully without reasonable cause and not delivered again by the Governour of the Town when complaint in made and it be sufficiently testified by credible men then if afterwards the Goods or Merchandizes of him that did the wrong or the Goods or Merchandizes of any other of the same Town where the wrong was done be found within the City of London it is the custome at the suggestion of the property to arrest such Goods and Merchandizes by the Officers of the City and to detain them in the name of a Withermam until agreement be made with the said Freeman for his damages sustained in that behalf except always reasonable answer be alledged by one other party Item the Citizens of London in ancient time ordained a House called the Tonne in Corn-hill whereunto the Constables Beadles and other Officers and men of the City did accustome to bring Trespassours of the Peace married men and women found in Adultery and Chaplains and other Religious men found openly with common women or married women in suspicious places and after to bring them before their Ordinaries Item the City of London hath coâ—usance of Pleas by the Kings Chartes and the use is that no Freeman of the said City shall implead another Freeman of the same City elsewhere then in the same City where he may recover within the said City upon pain of losing his Freedome Inem he which is Mayor of London for the time shall have an Hanap o' or a Golden Tanker at the Coronation of every King with other priviledges belonging to the said Mayor and City at such Coronation of the King by ancient custome of the same City Item the customes is that the Kings chief Butler shall be chief Coroner of the City of London which Coroner useth by Writ to substitute another in his place who is called Coroner before whom the Indictments and Appeales within the said City are taken and in whose name the Records are made and all the Indictments and Appeals within the said City are taken before the two Sheriffs and Coroners joyntly and the Juries taken for the death of any man upon view of the Corps are gathered out of the four Wards neerest and summoned by the Beadles of the same Wards and all other Juries to be taken before the Sheriffs and Coroners in common ought to be taken and summoned by the Sheriffs and their Officers Item heretofore where any Thief in New-Gate did appeal another Thief being in another Goale that Thief in the other Goal is to be sent by Writ unto New-Gate to answer to the same Appeal and to be at his delivery there And in the same sort if a Thief being in another Goal do appeal another being in New-Gate or any other within the said City the same apeallated must be brought by Writ to the same Goale of New-Gate to maintain his said Appeal And no Thief being in New-Gate taken with the manner ought to be sent elsewhere with the manner for his deliverance but only to have his deliverance before the Mayor of London and other Justices assigned for the said Goal of New-Gate Item because the Burrough of Southwork and place of common Stewes on the other side of the Water of Thames are so hurtful to the City of London and Theeves and other malefactours are often coming thither and many times after their Thefts and Fellonies done within the said City they fly and retire out of the same City unto the Stewes and into Southwark out of the Liberties and Power of the City and remain there doing mischief watching their time to come back and do mischief there the Officers of the said City have used always to pursue and search such Theeves and ill doers in the same Stewes and Town of South-wark as well within the Liberty as without and bring them to New gate to stay there for their deliverances before the Justices as well for open suspition as at the Suit of the party Item the Prisoners which are condemned or arrested within the said City and are committed to Prison at the Suit