It was agreed and resolved That it may and doth well enough hold For howsoever that none was charge able at the Common Law by the name of an Administrator inasmuch as by the Statute of 31. Ed. 3. cap. No accusation lay against an Administrator by that name And that A custome may not commence since the making of that Statute yet inasmuch as he was chargable at the Common Law as an Executor for his Administration so that the name of the charge is only changed and yet in substance is all one For every Executor is an Administrator and the pleading is upon an action brought against an Executor that he never was Executor nor ever administred as an Executor And an Administrator hath the quality and office of an Executor Therefore the custom of Forreign Attachments will hold against an Administrator as well as against an Executor As to the third Question which is Whether the Forreign Attachment for the debt due unto the Intestate after the promise broken be such a dispensation with the promise that no Action now lieth for the Administrator upon the breach of the promise It was agreed and resolved that the promise was dispensed with and no action lay upon the breach of it for the debt due by Tenant unto the Intestate which was the ground and cause of the promise made unto Spink the Plaintiff is taken away by the judgement had in London upon the custome of Forreign Attachments Et sublato fundamento fallit opus And therefore if after the promise broken there had been a Recovery had of the principal debt by the Plaintiff as Administrator or otherwise there had been a Release made unto the Defendant Now the Action upon the Case upon the promise would have failed inasmuch as the debt which was the consideration and ground of the promise is gone and so the dampnification which he should have had by not performance of the promise faileth And agreeing to this resolution was the Case of one Bardeston and Humfry cited to be adjudged whereupon an accompt he that was found in Arrearges upon a consideration of forbearance by one moneth promiseth payment of them And those Arrerages thus due being attached in the hands of the Accomptant after the promise broken It was held that no Action might afterwards be maintained upon the breach of promise The Case concerning the Prisage of Wine KIng Edward the third in the first year of his Reign doth by his Letters Patents bearing date the same time grant unto the Mayor and Commonalty of London that no prisage shall be of any of the Wines of the Citizens of London But they shall be free and discharged from the payment of all manner of Prisage George Hanger being a Citizen and Freeman of London and Resient within the City fraughteth four several Ships with Merchandize to be transported beyond the Seas the which four Ships being disburdened of the said Merchandize are laden with Wines Two of the Ships came up the Thames at London and before any unbulking of them George Hanger maketh Frances Hanger being his wife his Executrix and dieth Afterwards the other two Ships came up to London Sir Thomas Waller being cheif Butler of the King by virtue of Letters Patents made unto him Demandeth the payment of Prisage of the said Frances Hanger for the Wines in the said four Ships that is to say To have of every of the Ships one Tun before the Mast and one other Tun behind the Mast She denieth the payment of it whereupon the said Sir Thomas Waller as chief Butler exhibiteth his Information into the Kings Bench against the said Frances Hanger Whereunto the said Frances pleadeth a special Plea in Barre shewing the whole matter as abovesaid opon which Sir Thomas Waller demurreth in Law The Questions of this case are two The first is whether for the Wines which came up the Thames in the two Ships before the death of George Hanger any Prisage ought to be paid unto the King or not The second is whether any Prisage ought to be paid for the Wines which were upon the Sea in the Ships before the death of the said George Hanger but came not up the Thames until after the death of George Hanger The case was argued at several times by Sir Henry Mountague Knight then Recorder of London now Lord chief Justice of the Kings Bench Thomas Coventry then Utter Barister now Solicitor General unto his Majesty and Francis Mingay an Utter Barister of the Inner Temple on the behalf of Frances Hanger and by Henry Yelverton then an Apprentice of the Law of Graies-Inn and now Attorney General unto his Majesty and Thomas Crew of the same Inn likewise an Apprentice of the Law on the part of Sir Thomas Waller Likewise it was argued at several times by the Judges of the Kings Bench that is to say first by Sir Thomas Fleming Chief Justice of the Kings Bench Sir Christopher Yelverton Sir David Williams and Sir Iohn Crook and afterwards by Sir Edward Cook Chief Justice of the Kings Bench Sir Iohn Crook Sir Iohn Dodridge and Sir Robert Houghton And Sir Edward Crook Sir Christopher Yelverton Sir David Williams and Sir Iohn Dodridge were of opinion that judgement ought to be given for Frances Hanger against Sir Thomas Waller for they conceived upon the reasons following that no Prisage ought to be paid neither for the Ships that came in after the death of George Hanger nor for the Ships that came in before the death of George Hanger but they all were to be discharged of the payment of Prisage by vertue of the said Charter made by Edward the third unto the Mayor and Commonalty of London First in regard thath these Wines thus in each of the four Ships aforesaid remained notwithstanding the death of George Hanger to be still the Wines of George Hanger for if Frances Hanger the Executrix were to bring an Action for the recovery of them she should bring an Action as for the Wines of George Hanger if Frances Hanger should be wained or attainted of Felony or Treason those Wines should not be forfeited insomuch as they are not the Wines of Frances Hanger but of George Hanger If a Judgement in Debt or other Action should be had against Frances Hanger as Executrix of George Hanger these Wines should be taken in execution as the Wines of George Hanger and so these Wines thus brought in before and after the death of George Hanger continuing as yet the Wines of George Hanger to be recovered as his Wines to be taken in execution as his Wines and to prevent a Forfeiture because these Wines shall be said to be the Wines of George Hanger whereby they may be protected and priviledged from the payment of Prisage within the words intent meaning of the before recited Charter made by King Edward the third which pointeth rather at the Wines then at the person of George Hanger
unto the Guild of the City according to the custome of the City of London as appeareth by divers Book-Cases as well shall the Common Law exclude them from enjoyning the benefit of the Charter to be discharged of the payment of prisage The fourth sort of Citizens are those which are both Citizens and Freemen and do reside and keep family in the City of London and they are not continuing Citizens at such time as the Bulk is broken and the Ship unladen for they were disfranchised before These Citizens likewise shall not enjoy the exemption granted for the discharge of the payment of Prisage insomuch that they were not continuing Citizens at that time as the prisage ought to be taken The fifth sort of Citizens are those which are both Citizens and Freemen and have their families and dwelling in London and do continue Citizens at such time as prisage ought to be taken Now Citizens of this kind are the real proper and natural Citizens intended by this Charter which are to be discharged of prisage and therefore a Woman which is a Citizen of this kind howsoever she cannot bear offices in the City as a Citizeâ— is yet intended by the Charter And yet also in some cases Citizens of this kind shall not be intended within the words of this Charter and therefore if the Mayor and Commonalty have a joynt Stock of Wines come into the Port of London now prisage shall be taken of these Wine not withstanding that every of them in their proper persons Citizens both residentiâ familiâ and continuatione for respect is not to be had to their natural bodies but to their politique body in which capacity the Charter will not extend to them So if one at the time that he fraughteth a Ship be not a Citizen in all the degrees now howsoever afterwards before the return of the Ship he be enabled in every respect yet he shall not enjoy the benefit of the Charter insomuch that he was not so at that time that the Ship was sent abroad Seventhly and lastly what Wines shall be discharged of the payment of prisage it will better appear by the consideration had of the several kinds of properties and therefore he that shall have his Wines discharged of prisage ought to have a property in them quarto modo that is sibi solùm semper and also he ought to have jus possessionis and jus proprietatis and the one without the other will not serve the turn and therefore if a Citizen and Forreigner be joynt Merchants for Wines now the Wines of these joynt Merchants shall not be discharged of the payment of prisage insomuch that the Citizen hath not a sole property in them and it may not be distingnished which of the Wines belong unto the Citizen and which to the Forreigner because of their joynt interest But if two Citizens be joynt Merchants or Tenants in common of Wines now these Wines shall be within the compass of the Charter to be discharged of prisage because they are the Wines of the Citizens of London according to the words and intent of the Charter howsoever neither of them have a sole interest and property in them And if a Citizen and Freeman of London hath Wines pledged unto him by another Citizen and Freeman Now these Wines upon their coming home shall not be discharged of the payment of prisage insomuch that the Citizen hath only a special property in them and not any absolute property So if a Forreigner that hath fraughted Ships beyond the Seas for the bringing of Wines into England doth make a Citizen of London his Executor and die and the Ship cometh into the Port now these Wines thus in the custody of the Citizen shall not be discharged of the payment of prisage for as much as the Citizen hath only a property in the Wines to the use and behoof of the Forreigner and hath not any absolute property in the Wines And if one Citizen of London that hath Wines abroad coming into England do make a Forreigner his Executor and dieth and this forreign Executor doth imploy the Stock that cometh of these wines so returned home after the death of him that set them forth and Wines are returned home now howsoever these last Wines so returned into England are Assets in the hands of the Executor and in Appellation are the Goods of the first Citizen yet they are such Wines as are capable of the discharge of prisage within the words of the Charter because these Wines came in as it were upon a new contract And if a Citizen do buy Wines with an intent that a Forreigner upon their coming home shall have these Wines now these Wines shall not be discharged of prisage and this deceit of buying them by a Citizen shall not any wayes avail him no more then if a Citizen buy Cloth in London for a Forreigner he shall defeat the custome of Forreign bought and Forreign sold to avoid the Forfeiture of them So the Wines which a Forreigner buyeth of a Citizen or that a Citizen buyeth of a Forreigner shall not be discharged of prisage within the words of the Charter because they were not the Wines of a Citizen alwayes from the time of the lading of them until the time of the unlading of them as they ought to be The case concerning repairing of Wharfes and Docks Termino Sancti Mich. Anno Regni Jac. Regis 7. in the Kings Bench. COrnelius Fish Chamberlain of London distreined the Goods of one Walter Keate for a pain assessed by the Common Councel of London and all the matter appeared upon the return of the Sheriffs of London which was very long but to this effect They returned the Usage and Power and Custome of the City of London to make By laws by their Common Councel and that Puddle-Dock neer Pauls-Wharfe was an ancient place for lading and unlading of Ships Boats and Lighters and that it was in decay and that for reparation of it it was ordained that every Ship that should be loaden and unloaden there should pay a peny for every load and that every Carman for every load which he should carry from thence shoul pay a penny and that the said Walter Keate had carried divers load wâ—ich according to the rate of one penny for every load did amount to the value of ten shilling and that the City did grant this Assessment to the Chamberlain in recompence of the charges which â—e should expend about the said reparations and upon this Certificate a Procedendo was wayed and it was alledged that â—his By law being for the benefit of the City was good by Law and ought to be obeyed and so it came to be debated Yelverton Henry prayed that no Procedendo might be granted because the return and the matter of it is against the Common Law the Weal â—ublique and against the Liberty of the City it self By the Councel Sexto Iacobi it was ordained
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
Custome for the payment of a thousand pound according unto the time limited by the Will and according to the Will aforesaid The Executor denieth to find Sureties whereupon he was committed to prison and a Habeas Corpus being awarded out of the Court of Kings Bench to have the Body of the Executor together with the cause all this matter appeareth upon the return And now it was moved by Richard Martin late Recorder of London then an Apprentice of the Law that the return was insufficient and so the Executor ought to be enlarged First in regard that the ground of the imprisonment was the Custome of London and the custome is against the Law and void insomuch that it enforceth an Executor to find Sureties for the payment of a Legacy according unto the Will where the law requireth that debts be paid before such time as Legacies be performed and the Law giveth an election unto the Executor to pay which of the Legacies he will in case there be not sufficient to pay all the debts and legacies of the Testator but this exception was disallowed by the said Court insomuch that the custome of London appeareth by the return to be that he shall find Sureties for the performance of the Legacies according unto the Law of the Realm and the Will of the Testator So as if the Executor had not sufficient to pay debts and legacies he hath the same power and liberty after such time as he hath found Sureties as he had before Secondly except on was taken because it appeared by the return that the Devisor was a woman and also only the Wife of a Freeman and not a Free-woman and she is not within the custom of London which only speaketh of a Freeman But this exception was over-ruled for a woman being a Free-woman within the Statute of Magna Charta cap. 29. which enacteth that no Freeman shall be taken or imprisoned c. but by the lawful judgement of his Peers So that she being a Barroness or Countess shall be tried by her Peers upon an Indictment preferred against her she shall also be reputed a Freeman within this custome Secondly the Wife of a Freeman having the liberty and priviledge to Trade in the City and so able to take benefit by it she shall also be bound by the customes of it Thirdly howsoever she was dwelling out of London at the time of the Will made she is a Freeman within the compass of the custome Fourthly it was objected that this custome of London concerning Orphans was an antiquated custome and had not been put in use by many years and therefore ought not now to be put in ure to take away the liberty of a man and especially also because the life of a custome is the usage but this exception was over-ruled for this custome is dayly put in Ure The custome in not removing body and cause upon Habeas Corpus A Petition being affirmed in London by one Hill a Citizen and Freeman of London against another Citizen and Freeman of London upon a Bond of a hundred pound a Summons is awarded against the said obliged and the pretext being returned that he hath nothing whereby he may be summoned within the City upon a Surmize made by Hill the Obligee that one Harrington a Citizen and Freeman of London is indebted in a hundred pound unto the first Obligor a Summons is awarded according to the custome of London of Forreign Attachments for the warning of Harrington who is warned accordingly whereupon Harrington procureth a Habeas Corpus for the removing of his body together with the cause into the Kings Bench upon which Writ a return is made in this manner that is to say That London is an ancient City and that time out of mind of man the Mayor Aldermen and Citizens of London have had Conusans of all manner of Pleas both real and personal to be holden before the Mayor Altermen and Sheriffs of London in London and that in no action whatsoever they ought to remove the cause out of London into any other Court and do moreover shew a confirmation made by R. 2. in the seventh year of his Reign of all their customes and so for this cause they had not the body here nor the cause And exception being taken to the insufficiency of this return it was agreed and resolved by the whole Court of Kings Bench that this return made was ill for common experience teacheth that the usual course is and alwayes hath been that upon Habeas Corpus the body together with the cause have been removed out of London into the Kings Bench and likewise upon Certioraries awarded out of the Kings Bench. Records have been certified out of London into that Court for Justice being to be done unto the Citizens of London as well in that Court as in the 〈…〉 proper Court the Court of London being an inferiour Court unto the Court of Kings Bench where the King is supposed to sit in person ought to yeild bedience unto the Writs awarded out of that Court as the Supetiour Court but if the cause should be such that there should be a failer of Justice in the Kings Bench upon the removing of the cause because it is only an action grounded meerly upon the custome of London then a return made of the special matter will be warrantable or otherwise if the return be made that the custome of London is that no cause which is a meer customary cause wherein no remedy can be had but only in London according unto the custome of London may well be allowed so as the cause specially be returned into the Court whereby it may appear unto the Court that it is such a cause which will not bear action at the Common Law for it is usual in the Kings Bench that if the cause returned unto the Court upon the Habeas Corpus appear to be such a cause as will bear an action only by the custome and not at the Common Law the Court will grant a Procedendo and send it back again to London as if the cause returned appear to be an action of Debt brought upon concesit se solvere or to be an aaction of Covenant brought upon a Covenant by word without any specialty for these be meer Customary actions which cannot be maintained but by the custome of London and therefore that shall be remanded for if the Kings Bench should retain these causes after such time as they are removed and should not remand them there would be failing of Justice and the Judges of the Kings Bench in the person of the King do say Nulli negabimus nulli vendemus nulli differemus justitiam and the reteining of these causes would be a denying of Justice wherefore they do grant a Procedendo and remand it The case concerning payment of Tythes in London RIchard Burrel being seized in his Demesne as of Fee of a House called Green Acre a Shop and Ware-house in
Ancestours although the same Ancestors held elsewhere out of the City of any other Lordship by what service soever and the same Mayor and Aldermen ought to enquire of all the Lands Tenements Goods and Chattels within the same City pertaining to such Orphans and the Lands Tenements Goods and Chartells within the same City pertaining to such Orphans to seize and safely keep to the use and profit of such Orphans or otherwise to commit the same Orphans together with their Lands Tenements Goods and Chatels to other their friends upon sufficient Surety of Record in the Chamber of the Guild-Hall in convenient sort to maintain the same Orphans during their minority and to repair their Lands and Tenements and safely to keep their Goods and Chattels and to give good and true accompt before the said Mayor and Aldermen of all the profits of the same Infants wen they come to age or be put to a trade or married at the advice of the said Mayor and Aldermen and that in all cases if it be not otherwise ordained and disposed for the same Orphans and their Lands Tenements Goods and Chattels by express words contained in the same Wills of their Ancestors and no such Orphans may be married without consent of the said Mayor and Aldermen And in like sort where Lands Tenements Goods or Chattles within the same City are devised to a Child within age of a Citizen of the same City his Father living and the same Child be no Orphan yet by custome of the same City the said Lands Tenements Goods and Chattels shall be in the custody of the Mayor and Aldermen as well as of an Orphan to maintain and keep the said Lands Tenements c. to the use and profit of the said Infant and shall give good and true accompt for the same as is aforesaid And note that where a Citizen of the same City hath a wife and children and dieth all debts paid this Goods shall be divided into three parts whereof the one part shall come to the dead to be distributed for his Almes the other part shall come to his wife and the third part to his children to be equally parted amongst them notwithstanding any device made to the contrary and for the same the wife or children or any of them may have their recovery and suit to demand such Goods and Chartels against the Executors or Occupiers of the same Goods and Chattels before the same Mayor and Aldermen by plaint Item by ancient custome of the said City it was not lawful to any Stranger or Forreigner to sell Victuals or other Merchandizes to any other Stranger or Forreigner within the same City to self again nor to any such Forreigner or Stranger to sell Victuals or any other Merchandize within the said City by retail Item by ancient custome of the said City of London the Citizens and Ministers of the same City are not to obey any Commandment or Seals except the Commandment and Seal of our Sovereign Lord the King immediate neither can any of the Kings Officers make any Seisure or Execution within the said City nor within the Franchises of the same by Land nor by Water except only the Officers of the City aforesaid Item touching the Judgements given in the Sheriffs Court in Actions personal or in Assizes taken before the Sheriffs and Coroners by custome of the said City the parties against whom such Judgements are given may sue a writ of Errour directed to the May or Aldermen and Sheriffs to reverse the said Judgements in the Hust and if the Judgements be found good yea though the same Judgements be affirmed in the Hust yet the same party may sue another writ of Error directed to the Mayor and Sheriffs to cause the Record to come before the Justices assigned at Saint Martins le Grand as hath been heretofore done But if any party by such Judgemenn given before the said Sheriffs be convict in Debt or Damages and is therefore committed to Prison until he hath made agreement with the party and afterwards pursueth a Writ of Error to reverse the Judgement in the Hust where although the Judgement be affirmed and the same party will sue a-another Writ of Error to reverse the same Judgement before the Justices assigned at Saint Martins as is aforesaid yet nevertheless the same which is so in person must not be delivered out of Prison by ancient custom of the same City by means of any such Writ of Error until he have found sufficient Sureties within the said City or laid in the money into the Court to pay him that recovered the same if in case that the Judgement be afterwards affirmed And in case that such Writ of Errour be sued to reverse any Judgement given in the Hust before the Justices assigned at Saint Martins le Grand and it be commanded by Writ to safe keep the parties and to cause the Record and Process to come before the same Justices then shall the parties be kept as the Law requireth But no Record may be sent before the same Justices but that the Mayor and Aldermen shall have fourty dayes respite by appointment of the same Justices after first Sessions then to advise them of the said Record and of the Process of the same and at the first Sessions of the Justices after fourty dayes shall the said Process and Record be recorded before the same Justices by mouth of the Recorder of the said City And of Judgements given before the Mayor and Aldermen in the Chamber of the Guild-Hall according to the Law Merchant no Writ of Error is wont to be sued Item by ancient custome of the said City all the Liberties and Priviledges and other customes belonging to the said City are usually recorded by mouth and not to be sent or put elsewhere in writing Item the Citizens of London by custome of the City ought not by any Writ to go out of the City in any sort to pass upon an Enquest Item the Wife after the death of her Husband by custome of the City shall have her Frank Bank viz. a woman after the death of her husband shall have of the Rents within the same City whereof her husband died seized in Fee And in that Tenement wherein the husband and she did dwell together at the time of the death of the husband the woman shall have to her self wholly the Hall the principal chamber and the cellar wholly and shall have the use of the Oven the Stable Privy and Yard in common with other necessaries thereunto belonging for her life and at that hour that she is married she loseth her Frank Bank and her Dower of the same saving her Dower of other Tenements as the law requireth Item every Freeman of the said City using Trade may by custome of the same City take an Apprentice to serve him and learn him his Art and Mystery and that by Indenture to be made between him and his said Apprentice which Indenture shall be examined and
enrolled of Record before the Chamberlain of the Guild-Hall and such Apprentice may bind himself or his friends may put him to a Trade by their Indenture if he be of convenient age at the discretion of the Chamberlain or Mayor and Aldermen if need be And no Apprentice by custome of the said City may be bound for less term then seven years and the Indenture must be enrolled within a year after the making thereof upon a certain penalty set down And after that such Apprentice hath well and sufficiently served his term he shall be made a Freeman of the said City without other redemption whereas no other may come by the Freedome without redemption except those which are born within the said City of what country soever they be under the obeysance of out Sovereign Lord the King by custome of the said City are also Free by their 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
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
away or otherwise occupy or dispose the said Gravel Sand or other thing at their freeliberty and pleasure And that all Paviers Bricklayers Tilers Masons and all other that shall occupy Sand or Gravel shall endeavour themselves with all their diligence to occupy the said Sand or Gravel and none other paying for the same reasonably as they should and ought to pay for other Sand or Gravel digged out of other mens Grounds about the said City which after is filled again with much filthy things to the great infection of the Inhabitants of the said City and all other repairing unto the same And that further humble Suit may be made to the Kings Highness that all persons having Lands or Tenements along the said River side upon certain pain by his Highness and the Lords of his most Honourable Councel to be limited shall well and sufficiently repair and maintain all the Walls and Banks adjoyning unto their said Lands that so the Water may not nor shall break in upon the same and the same to be continued till the time that the said noble River be brought again to his old course and former Estate And that strong Grates of Iron along the said Water-side and also by the Street-side where any Watercourse is had into the said Thames be made by the Inhabitants of every Ward so along the said Water as of old time hath been accustomed And that every Grate be in height four and twenty inches at the least or more as the place shall need and in breadth one from another one inch and the same to be done with all expedition and speed And if the occupiers of the said Lands and Tenements make default contrary to the Ordinance asoresaid or else if any person or persons in great Rains and other times sweep their soylage or filth of their houses into the Channel and the same after is conveighed into the Thames every person so offending shall forfeit for every such default twenty pence and that upon complaint to be made to any Constable next adjoyning to the said place where any such default shall be found it shall be lawful for the said Constable or his sufficient Deputy for the time being from time to time distrain for the same offence And to retain the same irreplegiable and like Law to be observed and kept And like penalty to be paid for every person that burn Rushes and Straw in their houses or wash in the common Streets or Lanes and to be recovered as aforesaid and the one moyety thereof to be to the Mayor and Commonalty and the other moyety to be divided between the said Constable that taketh pain and the party finder of the said default And if the Constable or his Deputy refuse to do his duty according to the true meaning of this Act that then the Constable or his Deputy which shall so refuse to his duty as aforesaid shall forfeit and pay for every time so offending three shillings four pence And the same penalty of the said Constable to be recovered and obtained by distress irreplegiable to be taken by any of the Officers of the Chamber of London to the use of the Mayor and Commonalty of London And further that no person or persons having any Wharfe or House by the said Water-side make not their Laystalles nigh to the River aforesaid except only the common Laystalles where the Common Rakets of this City use to repose and lay all their Soylage to be carried away by them with their Dung-boats And that the said Rakets shall lay their said Dung carried in their Dung-boats to such convenient place or places as shall be appointed by the Lord Mayor of London for the time being with the advice of his Brethren the Aldermen of the same and to no other place or places upon pain to forfeit for every such default five pound to be recovered in any of the Kings Courts within the City of London by Bill Plaint Moyety of Debt or information by any person that will or shall pursue for the same the one Moyety thereof to be unto the Mayor and Commonalty of London and the other Moyety to him or them that will or shall pursue for the same in which Actions or Suits no wager of Law nor Essoygn shall be allowed The Oath of the Constables within the City of London YE shall swear that ye shall keep the Peace of our Soveraign Lord the King well and lawfully after your power And ye shall Arrest all them that make Contect Riot Debate or Afray in breaking of the said Peace and lead them to the House or the Compter of one of the Sheriffs And if ye be withstood by strength of misdooers ye shall rear on them an Out-cry and pursue them from Street to Street and from Ward to Ward till they be Arrested and ye shall search at all times when ye be required by the Scavengers or Beadles the common noysance of your Ward And the Beadle and Raker you shall help to reare and gather their Sallery and Quarterage if ye be thereunto by them required And if any thing be done within your Ward against the Ordinance of this City such defaults as ye shall find there done ye shall them present to the Mayor and Ministers of the City and if ye be letted by any person or persons that ye may not duly do your Office ye shall certifie the Mayor and Councel of the City of the Name or Names of him or them that so let you Ye shall also swear that during the time that ye shall stand in the Office and occupy the Room of a Constable ye shall once at the least every moneth certifie and shew to one of the Clarks of the Mayors Court and in the same Court as well the Names as Sur-names of all Free men which ye shall know to be deceased within the moneth in the Parish wherein ye be inhabited as also the Names and Sur-names of all the Children of the said Free-men so deceased being Orphans of this City And thus you shall not leave to do as God you help c. God save the King The Oath of the Scavengers YE shall swear that ye shall diligently over-see that the Pavements within your Ward be well and sufficiently repaired and not made too high in noysance of your Neighbours and that the Wayes Streets Lanes be cleansed of Dung all manner of filth for the honesty of this City And that all the Chimnies Furnaces and Reredoes be of Stone sufficiently and defensively made against peril of Fire And if ye find any the contrary ye shall shew it to the Alderman of the Ward so that the Alderman may ordain for the amendment thereof And thus ye shall do as God you help God save the King The Oath of every Freeman of this City of London YE shall swear that ye shall be good and true to our Soveraign Lord King Charls and to the Heirs of our said Soveraign Lord the King Obeysant and
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
for it might tend to a great derogation of the City and likewise might be very prejudicial to the Commonwealth when as the ill-affectedness of this City being the chief member of this politique body cannot but make all the other members to be partakers of thei ll disposition of it And upon this reason it is that before such time as the Stat. of R. 2. was thought of it was holden that the Stat. De Religiosis otherwise called the Statute of Mortmain made in the seventh of the Reign of E. 1. which did make a general restraint from disposing of lands in Mortmain did never extend unto the repeal of the custome of London which did enable those that were Citizens and Freemen of London to devise their lands in Mortmain as before Secondly The City of London and the custome therein used being the example and patern which the Statute of 5. Eliz. in some parts of it doth require should be followed as in that branch wherein provision is made that every person being an housholder and twenty four years old at the least dwelling or inhabiting or which shall dwell or inhabit in a City or Town Corporate and use or exercise any art mystery or manual occupation shall and may yet have and retain the Son of any Freeman not occupying Husbandry c. to serve and be bound as an Apprentice after the custome and order of the City of London for seven years at the least It seemeth that the intent of the makers of that Statute was rather to confirm than repeal the customes of London for it would never make the custome of London to be the example which ought to be persued if it had had an intention to repeal it And by the same reason that the custome of London shall not be comprehended within the general words of one branch of the Statute the general words of another branch shall not be extended unto them Thirdly it is to be observed that the Statute of 5. Eliz. hath a proviso That this Act nor any thing therein contained or mentioned shall not be prejudicial or hurtful unto the Cities of London and Norwich or to the lawful Liberties usages customes or priviledges of the same Cities And howsoever it speaketh only concerning the having or taking of Apprentices yet by the whole scope of the Statute which maketh the customes of London to be their directions in many things enacted by that Statute it appeareth that the intent was to preserve the Customes of London and not any ways to abolish them For it should be very mischievous to the City and would endanger the subversion and decay of it if all Acts of Parliament by their general words should stretch to repeal the customs of London in Case where they are somewhat opposite unto the Statute Fourthly upon the matter there must be a repeal of the Statute of Magna Charta cap. 9. which confirmes all the Customes of London the which shall not be done by general words in a Statute because it hath been so often-times confirmed As to the Fifth Question scil Whether the Trade of an Upholster be a Trade restrained within the Statute of 5. Eliz. cap. 4. So that none can exercise it but he that hath been an Apprentice by the space of seven years It was agreed and resolved That an Upholster is not a Trade within that Stat. For first it is not a trade that is mentioned in any of the branches of the Statute howsoever in all parts of the Statute there is mention made of sixty one several trades and mysteries And if the Artiâ—ans which at that time were Assistants unto the Commitees for the expressing of all manner of Trades and thought that the Trade of an Vpholster had been such a Trade that required Art and Skill for the exercising of it they would not have failed to make mention of it Secondly there having been two former Acts of Parliament that is to say the Statute of 7. H. 7. cap. 17. and 5. Ed. 6. cap. 23. made concerning Vpholsters it was not necessary that mention should be made of it in this Statute and so it shall be intended that there was purposely an omission made of an Vpholster because there was sufficient Provision made for him formerly Thirdly the Trade of an Vpholster doth not require any Art or Skill for the exercising of it inasmuch as he hath all things made to his hand and it is only to dispose them in order after such time as they are brought to him as the Ticks of his Beds he borroweth from a Weaver the Frames of his Beds and Stooles from the Joyners and Turners his Iron-Rods and Nailes from the Smith his guilding and setting forth and adorning of his Beds and Stools from the Guilder and Painter and so he is like to Aesops Bird which borroweth of every Bird a feather his art resting meerly in the overseeing and disposition of such things which other men work and in the putting of feathers into a tick and sowing them up when he hath done the which one that hath been an Apprentice unto it but seven days is able to perform And the intent of this Statute was not to extend unto any other trades but such as required Art and Skill for the managing of them and therefore it was adjudged in the Exchequer upon an information against one in the 42 year of the Reign of the late Queen Eliz. that a Coster-monger was not a Trade intended by the Statute of 5. Eliz. because his art was in the selling of Apples the which required no skill or experience for the exercise of it So an Husbandman Tankard-bearer Brick-maker Porter Miller and such like Trades are not within the Statute of 5. Eliz. cap. 4. so as none may exercise them but such a one that hath been an Apprentice by the space of seven years for they are arts which require rather abillity of body than skill But a Brewer and Baker are within the Statute because it concerneth the health of mens bodies to have good Bread baked and Beer bâ—ewed and so it is fit that they should have skil for the exercise of them Fourthly an Upholster being no such Trade within the Stat. of 5. Eliz. as may compel one to be an Apprentice unto him for the space of seven years for it is not mentioned within that branch that concerneth the compelling of men to be Apprentices It is not any such trade as is within that branch which compelleth men to be Apprentices for the space of seven years before such time as they can exercise it for none shall be within the branch that restraineth men to exercise their trades where they have not bin Apprentices by the space of seven years but such as are within that other branch to compel men to be Apprentices unto them by the space of 7. years As to the sixth Question which is whether the Court of the Mayor of London be such a
Court of Record as an information may be exhibited in it upon this Statute of the 5. of Eliz. cap 4 It was answered and resolved that it was For it is expressed by precise terms in one of the last branches of the said Statute That the said Mayor or other Head-Officers of the Cities or Towns Corporate shall have full power and authority to hear and determine all and every offence and offences that shall be committed or done against this Statute or against any branch thereof as well upon Indictment to be taken before them in the Sessions of the Peace as upon Informatioâ—â— Action of Debt or Bill or Complaint to be sued or exhibited by any person and shall and may by vertue thereof make process against the Defendant and award Execution as in any other case they lawfully may by any the Laws and Statutes of this Realm and the Presidents have been alwayes accordingly For in the 44. year of the late Queen Eliz. an Information was exhibited by one Robinson against Toby in the Mayors Court of London because he exercised the Trade of a Cutler where he had not been an Apprentice by the space of seven years and allowed to be well exhibited So in the Case \l = o \f one Banister and Information exhibited in that Court because he had exercised the Trade of a Weaver where he had not been Apprentice by the space of seven years was admitted good As to the seventh Question which is Whether the Informer may demand the Moyety of the forfeitures upon this Statute because in a branch in the latter end of the Statute it is enacted That all manner of Amerciaments Fines Issues and Forfeitures which shall arise grow or come by reason of any offences or defaults mentioned in this Act or any branch thereof within any City or Town Corporate shall be levied gathered and received by any person or persons of the same City or Town Corporate as shall be appointed by the Mayor or other Head Officers mentioned in this Act to the use and maintenance of the same City or Town in such case and condition as any other Amerciaments Fines Issues or Forfeitures have been used to belevied or imployed within the same City or Town Corporate by reason of any Grant or Charter from the Queens Majesty that now is or any her Graces Noble Progenitours made or granted to the same City Burrough or Town Corporate any thing or clause before mentioned or expressed to the contrary notwithstanding It was answered and resolved That the Informer might well demand a Moyety for there being a former branch that enacted that the one half of all forfeitures and penalties expested and mentioned in this Act other than such as are expresly otherways appointed shall be to our Soveraign Lady the Queens Majesty her Heirs and Successors and the other moyety to him or them that shall sue for the same in any of the Queens Majesties Courts of Record or before any of the Jusâ—iâ—es of Oyer and Terminer or before any other Justices or Presidents and Councel before remembred by action of Debt Information Bill of Complaint or otherwise The Informer may demand his Moyety by vertue of this branch and the subsequent branch which gives the Forfeitures unto the Mayor shall be taken only of the forfeitures which are given to the Queen and not of that which is given to the Informer who is the means whereby the other Moyety is brought to the Mayor and other Officers The Custome of London Touching Forreign Attachment IOhn Tenant a Citizen of London is indebted fourty pound by specialty unto one other Citizen of London the which said Citizen is likewise indebted unto one Robert Haydon another Citizen of London in fourty pounds upon a simple contract The Citizen so indebted unto Haydon died intestate Thomas Spink taketh Letters of administration of the goods and chattels of the said intestate Tenant after the day of payment of his fourty pounds promiseth Spink in consideration that he will forbear him the payment of the said fourty pounds by the space of two months to pay to Spink the said fourty pounds Spink forbeareth Tenant accordingly but the fourty pounds is not paid according to promise Afterwards the debt due by Tenant is attached in his hands according to the custome of London of Forreign Attachments for the debt due by the intestate unto Haydon Spink bringeth his action upon the case against Tenant for not paying the 40. pounds according to his word who sheweth in his Plea in Bar That the Debt due by him unto the Intestate was attached according to the custome of Forreign Attachments And upon this Plea in Bar Spink demurreth in Law The Questions in this Case are 1. Whether this Debt of the Intestate being only a Debt due upon a simple Contract be such a Debt of which a Forreign Attachment may be made according to the custome of London 2. Whether the custome of forreign Attachments may hold in this Case Inasmuch as by the Statute made in An 31. Ed. cap. the name of Administrators was created and before that Statute Lettars of Administration were never granted 3. Whether there being a Forreign Attachment of the Debt due unto the Intestate after the not performing of the promise and Title of action given unto Spink the Plaintiff be a dispensation with the promise so as now the action faileth upon the promise for not paying the money As to the first Question which is Whether for the debt being a debt due only upon a simple contract a forreign Attachment may be used or no It was agreed and resolved that a forreign Attachment might well be sued for it For by the custome of London the Executor or Administrator being chargeable for a debt due by the Testator or Intestate upon a simple contract as well as upon a specialty a Forreign Attachment may be sued as well for that debt as for a debt due upon Specialty And howsoever the Kings Bench or any other Court of Westminster be not bound to take notice of this particular custome of London in charging the Executors or Administrators upon the simple Contract nor to give judgement according to the custome yet when judgment hath been given according to that custome and that judgement appeareth judicially unto the Judges by the Record Now they ought to allow the custome and give their judgement according to that custome in affirmance of the judgment given in London But it was agreed that if there had not been any debt due by the Intestate unto Haydon Now howsoever there had been an Attachment made in London of the debt due by Spink unto the Intestate and a judgement given upon it yet might the Administrator have relieved himself by way of Denial and Traverse that there had been any debt due by the Intestate unto Haydon As to the second Question which is Whether the custome of Forreign Attachments in London may hold as this Case is
were laden with Wines and returning to the coasts of England the hand of Heaven had not as yet disfranchised him from being a Citizen and member of the City of London And as to two of the Ships the said George Hanger had his abode here until such time as they were in the Port at London safe from being swallowed by the surging waves of the Sea secure from the surprizing of the desparate Pyrates the which being so that three of the four times as to all the four Ships were past during the time that he was a member of the City and also part of the fourth time as to two of the Ships it is reasonable to think that these Ships shall participate of Immunity and Priviledge it be discharged of the payment of prisage which is granted by the Charter made bâ— King Edward the third notwithstanding that the last time was not comâ— before his death and the more especially also because the law hath such regard unto the commencement and beginning of a thing and will have respect unto it notwithstanding that there belong distance of time between the in choation and consummation of it Anâ— therefore where a servant having an intention to kill his Master doth depart ouâ— of his service and long time after his departure out of his Masters service doth kill him that is petty treason in the servant in regard of the retrospect which the Law hath to the first intention of the servant when he was in his Masters service and yet if you respect the time of the murder committed without regard had unto the first time it cannot be petty treason because the servant was out of his service at that time Seventhly it is to be observed that this Charter to be discharged of the payment of prisage granted by King Edward the third was granted unto the Mayor and Commonalty of London which is a body that alwayes continueth and never dieth and so howsoever that George Hanger unto whom as unto a member of that body the priviledge of that Charter is distributed be dead and cut off from that body yet in so much that the body politique of the Mayor and Commonalty unto whom the Charter was made liveth the Priviledge and Immunity of George Hanger to have his Wines discharged of the payment of prisage will live and continue in that body notwithstanding that George Hanger be dead Eightly this Charter being a Charter made for the advancement and good of Merchandize and trading which are as it were the Blood which giveth nourishment unto the politique body of the Kingdome is to have a favourable and benigne construction whereby trading may be the better supported and maintained and the life of the State longer continued and therefore where King Edward the third in the third year of his Reign granted unto the Merchants of Almagne France and Spain that they should come safely and securely with their Merchandize into England and should be free from Pontage Muragâ— and such other Tolles this Grant was allowed to be good and received an exposition according unto the Law oâ— Merchants which is the Law of Nations and howsoever it would not bâ— good by the strict rules of the Common Law because the Merchant-strangeâ— were not a Corporation able to take yet it was admitted sufficient by that Aâ—gem marcatoriam according to whicâ— in some cases of Merchants the Judgâ— of the Common Law ought to give the Judgement wherefore in the case at the Bar this Charter concerning the City of London which is the University of Merchants and this case concerning George Hanger which was a Scholar trained â—â— this in School and had been matriculated in this place the Judge are to fram and give their Judgement so as the Unversity and Scholars of it may receive the better encouragement to proceed and may not be disheartened to diveâ— their courses intended from Merchandiâ—ing and Trading by reason of the striâ— construction of Charters which givâ— unto them Immunities and Privledges Ninthly and lastly this very case received formerly the resolution of three Barons in the Exchequer upon an Information exhibited there by Sir Thomas Waller that Frances Hanger should be discharged of Prisage for the Wines in all the four Ships whereupon Sir Thomas discontinued his Information and exhibited it denove in the Kings Bench whereby he would take the opinion of this Court likewise and there having been former opinion conceived for the discharge of them it is more agreeable with reason to have this opinion confirmed than opposed But Sir Thomas Fleming Sir Iohn Crook and Sir Robert Haughton seemed upon the reasons hereafter ensuing that Judgement ought to be given for Sir Thomas Waller and that prisage ought to be paid by Frances Hanger both for the Wines wich were in the Ships that were arrived before the death of George Hanger as likewise for the Wines which were in the two Ships which were upon the Sea at the time of the death of George Hanger howsoever by way of advice they wished that for the Wines in the Ships which were come home during his life the payment of prisage ought not to be pressed by Sir Thomas Waller First in regard the Charter extendeth only to discharge the Wines of such a person as is a Citizen of London of the payment of prisage and George Hanger being dead and so a Citizen of the heavedly Ierusalem may not be longer said to be a Citizen of London and so not within the compass of the Immunity granred by the Charter Secondly this priviledge to be discharged of the payment of prisage is in respect of the person who is the owner of the Wines and not in respect of the Wines themselves and then there being a remotion of the person unto whom the exemption is tyed there is a remotion of the exemption it self and therefore notwithstanding a Tenant in ancient Demesne be by the Common Lawes of this Realm to be discharged of the payment of Toll in all Faires and Markets yet if the Tenant in ancient Demesne make his Executors and die the Executors for the Goods of the Testator are to pay a Toll in so much that it was only a personal priviledge which dieth together with the person Thirdly this Charter bereaving the King of the payment of prisage which is a Flower of his Crown ought to have a strict construction so as none may take benefit of it but only such as are within the precise words of the Charter wherefore George Hanger being dead and so no more a Citizen of London howsoever the Wines in the Ship may be said to be the Wines of George Hanger to a special intent that is to say for the payment of his Debts and the performance of his Legacies according to his true intendment expressed in his Will yet may they not be said to be the Goods of George Hanger to every intent in so much that Frances Hanger the Executrix hath
say it is a duty before such time as the Merchant can assure himself they are his Wines to dispose insomuch that before the coming into Harbour they may be swallowed up by the Seas or he may be dispoiled of them by Enemies unto the King or Rebels unto the State And if the Law should determine the duty to the King when the Ships are safely in the Harbour there might a great inconvenience ensue upon this Judgement because it may very well be that their course was intended to another place and they were driven in there only by misadventure and it would be mischievous to have the Ship rifled and their Wines disordered before they had attained unto the intended Haven Thirdly this opinion is consonant unto the Judgements in former times for it was ruled in the case of one Kenniston and Boggius in the fifth year of his Majesties Reign that now is that prisage shall not be said to be due until such time as the Bulk be broken and the Ship unladen And likewise there is a Record by which it appeareth that the King is to have Prisage of every Ship bringing VVine into England and unladen thereof so as if it be not unladen then the King by that Record is not to have Prisage Besides it appeareth by the Record concerning the payment of Butlerage by the Merchant Aliens that the King is to have there two shillings of them for every Tun within fourty dayes after the unlading so as the Law pointeth at the unlading wheresore this Prisage differing only because the VVines are paid in specie it shall be an Argument thus far to perswade that the Law will not appoint the time of taking the Wines in specie before the unlading when it giveth for the payment of the two shillings until sourty dayes after the unlading Fourthly it was resolved that howsoever Prisage of Wines is a Flower of the Crown yet is it not such an inseparable Flower of the Crown but that it may well enough be granted over for it is a matter of profit and benefit which is to redound unto the King and it is not of the nature of a Purachans meerly for that it is inseperably annexed in privity unto the person of the King that it may not be granted over And accordingly it was resolved in the case of Sir Thomas Vavasor who married one of the Daughters of Alderman Houghton who had a Grant of the Prisage made unto him And in the 15. of E. 4. in the Patent-Rolls it appeareth that one Fitzherbert had a Grant made unto him and by the same reason that a Grant may be made of Prisage à fortiori may there be a Grant made unto certain persons to discharge them of the payment of it for it is easier to make one capable in point of discharge than by way of Grant and the Charter made to the Merchants Strangers for the discharge of the payment of Prisage And the Statute of 1. H 8. cap. 5. sheweth that a Charter made for the discharge of Prisage is well and allowable Fifthly this Grant made unto the Mayor and Commonalty and their Successors Quod de vinis civium nulla prisa fiat is good enough and the grant may well enough be made unto a body politique and the benefit of the Patent distributed unto a body natural for Patents of that nature are usual in the year-Book of the Common Laws of this our Realm and never any exception taken unto them when there hath been less warrant in reason to make them good then there is for this our Patent which we have here in hand For the City of London being the Metropolitan City of this Land the which may well be called the Heart and Epitome of the whole Realm and the Chamber of the King the Merchants whereof do fill the Coffers of the Prince by their customes and do supply the Subjects of his Majesty with all manner of necessaries do encrease the honour of their Nation by their Commerce and Traffique abroad and do strengthen the whole body of it by shipping which are termed the wooden Walls It is reason that all Charters made in their favour and giving them Immunities and Priviledges should receive a benigne interpretation and the more especially also because at this time all Merchants strangers had a Charter of discharge for the payment of prisage but only that they were to pay two shillings in the Tun and so if the Merchants of London should not have had a Charter of discharge they would have been discouraged from trading for Wines because the Merchants strangers would have been able to have afforded their Wines at easier rates because they were freed of some part of that charge which the English Merchants were burthened with Sixthly as to the Declaration what persons shall be discharged of the payment of prisage within the words of this Charter it will be the better manifested by shewing the destinctions and degrees of Citizens which are to be found for there is mention made of five manner of Citizens The first of which is he that is a Citizen of London for the bearing of offices in the City and such special intents because he is a Freeman of the City but he is not a Citizen in residency and continuance in the City for he inhabiteth and dwelleth out of the City and such a Citizen as this is not such a Citizen as shall enjoy the benefit and priviledge to be discharged of the payment of prisage according to the resolution given in the Exchequer in the Case of one Knolls Trin. 4. H. 6. Rot. 14. where it was ruled that one that was a Citizen and Freeman of London but dwelt in Bristol might not partake of the benefit of this Charter insomuch that he by reason of his dwelling out of the City was only a Citizen to a special intent The second sort of Citizens are those which are Citizens in respect of their Freedome and likewise in regard of residence within the City but are not such Citizens as do keep a Family and Houshold within the City but are Inmates and Sojourners and they do harbour themselves under the Roof of another and a Citizen of this nature is not a Citizen which is capable of the Immunity granted by this Charter for the discharge of payment of prisage according to the resolution given in the Exchequer in the case of one Snead and Sacheneril Hill 43. Eliz. Rot. 22. for such a Citizen is not subject to Scot and Lot as he that is a housholder Et qui non sentit onus sentire non debet commodum The third sort of Citizens are those which do inhabit reside and keep a Family in the City but they are not Freemen of the City so as they may be chosen in any office and undergo the charge of the City and as well as the Common Law doth exclude such Citizens for devising Lands in Mortmaigne
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
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
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
after the delivery of the Bill shall make Summons to the Tenants demand by witness of two Free holders men of the City that they be at the Guild Hall the Saturday next following to see the Recogniâ—ance if they will against which Saturday the Defendant may sue the next Friday before together and summon the Jury and so afterwards against the Saturdayes from fourteen dayes to fourteen dayes at his will and so may the Tenants sue if they will for their celiverance and the gathering of the Pannels of such Juries shall be done by the Sheriffs and their Ministers or by the Mayor and Aldermen if any of the parties will require it upon any reasonable cause in such sort as is used in Assize of Fresh-force and in such Assizes of Mort d'ancest the parties may be assigned as at the Common Law and the Tenant may vouch to warrant within the City and also in Forreign County if the Vouchee have no Lands within the City and if the Tenants plead release bearing date in Forreign County or other Forreign matter that cannot be tryed within the City or that the Vouch to warrant in Forreign Counties he that hath nothing within the City then at the Suit of the party shall cause the Record to come into the Kings County by Writ directed to the Sheriff and Coroner and there shall such Forreign Pleas and Forreign Vouchers be tryed and determined and sent back again to the said Sheriffs and Coroners to go forward and proceed according to the custome of the City and continuance shall be made in such Assizes upon the causes proceeding and upon other causes reasonable and when the Assizes shall be determined and Judgement given then the same Assizes shall be ingrossed and entred upon Record by the said Sheriffs and Coroners and afterward sent to the Guild-Hall to remain there of Record according to the Order of Assize of Fresh-force hereafter following Assizes of Novel Disseizen called Fresh-force in London THe Assizes of Novel Desseizen called Fresh force of London and Tenements and Rents within the City of London of Disseizins made within 40. weeks are holden and determinable before the two Sheriffs and the Coroner of the said City in common every Saturday in the Guild-Hall except certain times wherein the Assize cannot be holden for reasonable cause and the process thereof is such viz. when any man is grieved and that he be disseized of his Free-hold within the said City or the Suburbs of the same he shall come to any Hust holden at the Guild-Hall or for default of Hust in the Chamber of the Guild-Hall in the Assembly of the Mayor and Aldermen any Munday and shall make there a Bill and the Bill shall be such viz. A de B. queritur versus ss C. de D. de libero tenemento suo in parochia de E. in Suburb London And the same Bill shall be inrolled and upon that shall be made another Bill containing all the matter of the first Bill by the common Clark of the City making mention of the title of Hust or of the day of the Assembly of the Mayor and Aldermen and then the Bill shall be sent to the Sheriffs or to either of them to do process and right unto the parties and then although the Bill be served the Wednesday then next following that is to say the Minister of the Sheriffs to whom the Bill is delivered shall summon the Tenant or Tenants named in the said Bill of Assize by the view of two Freemen of the City and that of the Tenants from whom the rent is supposed to be issuing and then it shall be said to the Tenants that they keep their day at the Guild-Hall the Saturday then following at their peril and the names of those which are summoned shall be endorsed upon the backside of the Bill and then may the Plaintiff sue to have the Assize gathered and the Jury summoned against such Saturday or against other Saturday after at his pleasure and so may the Tenants sue for their deliverance if they will and such summons shall be made the Friday before the said Saturday and the Array of the Pannels of the Juries shall be made by the Sheriffs or their Ministers or by the Mayor and Aldermen if any of the parties upon reasonable cause shall require it Also the same Assizes shall be pleaded and recorded for the greater party also as elsewhere at the Common Law and if release bearing date in Forreign County bastardy or other forreign matters which cannot be tryed within the said City be alledged in such Assizes then the Plaintiff may sue and cause to come the Record in the Kings Court that the matter may be tryed as the cause requireth and when the matter is there determined the process shall be sent back to the said Sheriffs and Coroners or to their Successors to proceed forward before them according to the custome c. And you must note that there is no discontinuance in such Assizes neither is any mention made in the Record of the dayes betwen the Assizes taken and the day that the Assize shall be taken or Judgement given if it be not by necessary cause or that such Assizes be adjourned for special causes and when the Assizes are taken before the Sheriffs and Coroners as before is said and Judgement be given then shall such Assizes determined be entred of Record and afterwards shall be carried into the Chamber of the Guild-Hall to remain there in the treasury upon Record And note that no man may enter into any Tenements within the said City by force nor any Tenants hold by sorce and armes in disturbance of the peace De Curia Majoris London Custumis Civitatis ejusdem Diversis Casibus terminalibus in eadem Curia Curia Majoris of the said City of London is holden by the custome of the same City before the Mayor and Aldermen for the time being in the Chamber of the Guild-Hall or in Hust and that from day to day and there are treated determined and discussed the Pleas and matters touching Orphans Apprentices and other businesses of the same City And there are redressed and corrected the faults and contempts of those which do against the custome and ordinance of the City as well at the suit of the parties as by Enquest of Office and in other sort by suggestion according as the causes require and there they use to justifie Bakers Victuallers and Trades-men and and to treat and ordain for the Government of the City and for keeping the Kings peace and other necessary points of the City and according as the time requireth Item the Officers and Ministers of the said City being found faulty are to be cleared before the Mayor and Aldermen as well at the Suit of the parties by Process made as otherwise according to the discretion of the said Mayor and Aldermen Item the said Mayor and Aldermen use there to hold and determine Pleas of Debt and other
Actions personal whatsoever by Bill as well among Merchants and Merchants for Merchandize as also between others that will plead by Process made against the parties Item the Mayor and Aldermen or the Mayor and Chamberlain of the said City take before them in the said Chamber Recognizances of Debt of those that will of what summes soever And if the day of payment be missed then he to whom the Recognizance is made out of this Record shall have execution of all the Debtors Goods and of the moyety of his Lands within the said City and it is taken as at the Common Lawes Item Pleas of Debt according to the Ordinance called the Suit of Smithfield are determinable only before the Mayor and Aldermen according as is more plainly set down in the Ordinance thereupon made Item the Assizes of Nusance are determinable by plaint before the Mayor and Aldermen and that plaint shall be served by the Sheriff the Wednesday against the Friday and then the Mayor and Aldermen ought to proceed in Plea according to that which is set down in the Act of Assize and Nusance in the said City Item the Mayor and Aldermen have alwayes used to set down penal Acts upon Victuals and for other governance of the City and of the peace according to their discretion and advice and proclaim the same Ordinance within the said City openâ—y to be kept in the Kings name and of the City upon that penalty set down and shall levie all those penalties of those which do contrary to the Ordinance aforesaid Item the Mayor and Aldermen have alwayes used and may by custome of the same City cause to come before them the offenders which are taken within the said City for Lies and false Nuses noised abroad in disturbance of the Peace Makers and Counterfeiters of false Seales and false Evidences and for other notorious deceits known to them which they shall find faulty of such malefactours by confession of the parties or by enquest and then take them and punish them by the Pillory or other chastisement by imprisonment according to their discretion Item the Mayor and Aldermen have alwayes accustomed and may by custome of the said City change Process abbridge delayes in actions personal as well before themselves as in the Sheriffs Courts and to make new Ordinances touching personal Pleas which Ordinances they understand to be reasonable and profitable for the people Item you must note that all the City of London is held of our Soveraign Lord the King in Free Burgage without the same City and of all the Lands and Tenements Rents and Services within the same City and the Suburbs of the same are well in Reversion as in Demesne are devisable by Usage of the said City so that men and women by Usage of the same City may devise their Tenements Rents and Reversions within the said City and Suburbs of the same to those whom they will and of what Estate they will and they may also devise new rent to be taken of the same their Tenants in such sort as best shall seem unto them by their Testament and by their last Will and those which are Freemen of the same City may devise their Tenements to Mortmain as appeareth by the Kings Charter to that effect made Item He which holdeth Tenements joyntly with others may devise that which belongeth to him without any other separation but Infants within age can make no devise nor woman under covert barn cannnot devise their Tenements by leave of their Husbands nor in any other sort during the coverture 49. 7. 325. per. Cur. Also the Husband cannot devise Tenements to his Wife for any higher Estate then for term of life of his Wife neither can the Wife claim any further Estate upon pain of losing the whole neither can the Husband devise the Tenements in the right of his Wife nor the Tenements which the wife and the husband have joyntly purchased but if the Husband and Wife have Tenements joyntly to them and the Heirs of the Husband the same Husband may devise the Reversion and all the Testaments by which any Tenements are divised may be inrolled in the Hust of Record at the suit of any which may take advantage by the same Testaments and the Testaments which are so to be inrolled shall be brought or caused to be shewn before the Mayor and Aldermen in full Hust and there the said Will shall be proclaimed by the Serjeant and then proved by two honest men well known which shall be sworn and examined severally of all the circumstances of the said Will and of the Estate of the Testator and of his Seal and if the proofs be found good and true and agreeing then shall the same Will be inrolled upon Record in the same Hust and the Fee shall be paid for the Inrolment and no Testament nuncupative nor other Testament may be inrolled of Recod unless the Seal of the party be at the same Will but Wills that may be found good and true are effectual albeit they are not inrolled of Record Item Testaments within the said City ought by custome of the same City to be adjudged effectual and Executors have respect to the Wills of the Testators albeit the words of such Wills be defective or not accordidg to the Common Law Item Where Reversions or Rents be devised by Will inrolled in the Hust of Record the same Reversions and Rents after the death of the Testator are so Executed that those to whom such rents are devised may distrain for the rent and make avowry and those in reversion may sue a Writ of Waste at their will without any Attornment of the Tenants and may plead by the same Inrolment if need be although they have not the same Testament and the same custome taketh place for Deeds of Land inrolled in the Hust of Record and such Inrolments have been alwayes used so that the Wills are proclaimed and proved in full Hust as is aforesaid and Deeds indented and other Writings sealed may be accepted and the knowledging and confession of women may be received before the Mayor and one Alderman or before the Recorder and one Alderman or before two Aldermen for need as well out of the Court as in so that the same Charters Indentures and other writings so acknowledged be afterwards entred and inrolled in any Hust and the Fees paid as the Order is Item where a man hath devised by his Will enrolled certain rent to be taken of his Tenants within the said City without a cause of distress yet by custome of the said City he to whom the devise is made may distrein and avow the taking for the rent behind and in the same sort it shall be done for Amerciaments Rents called quit-rents within the said City Item the Mayor and Aldermen which are for the time being by custome of the same City shall have the Wards and marrying of all the Orphans of the said City after the death of their
or the party and afterwards are sent by Writ to the Exchequer or any other the Kings places with their Causes the same Prisoners after they are delivered in the Kings Court ought to be sent to the said City to answer to the parties and stay there for their deliverance Item those which have Tenements within the said City shall not be sufferd to strip or waste their Tenements Demeasne nor to pull them down in deforming or defacing of the City unless it be to amend them or build them up again and any that doth it or beginneth to do it shall be punished by the Mayor and Aldermen for the offence according to the custome of the City Item if Walls Penthouses or other Houses whatsoever within the said City stretching to the High street be so weak or feeble that the People passing by mistrust the peril of some suddaih Ruine then after it is certified to the Mayor and Alderman by Mason and Carpenter of the City sworn or that it be found in the Wardmore that the danger is such then the same Mayor and Aldermen shall cause the parties to be warned to whom the same Tenements belong to amend them and repair them so soon as conveniently he may and if after such warning they be not amended nor begun to be amended within fourty dayes then next following then shall the said Tenements be repaired and amended at the cost and charges of the said City untill the costs be fully levied of his Goods and Chattels or other his Tenements if â—eed be Item if any House be found within the said City or the Suburbs of the same covered with Straw Reed or Thatch he to whom the House belongeth shall pay to the Sheriffs for the time being fourty shillings and shall be compelled to take away the same covering Item if any House within the said City be burning so that the flame of the Fire be seen out of the House he which dwelleth in the said House shall pay to the Sheriffs forty shillings in a red Purse Item the Mayor Aldermen and Sheriffs and all other Officers and Ministers of the said City are to be chosen by the same City viz. At the time when the Mayor should be chosen the commons of the same City shall by custome be assembled in the Guild Hall and the same commons shall make election of two honest men of the said City of whom the one shall be Mayor and the names of the said two honest men shall be carried before the Mayor and Aldermen which are for the time within the Chamber of the Guild-Hall And then the one of them shall be chosen to be Mayor by the said Mayor and Aldermen by way of Screame and the said Mayor so newly chosen the morrow after the Feast of Simon and Iude shall be presented before the Bacons of the Exchequer at Westminster or in their absence to the Constable of the Tower and afterwards shall be presented to our Sovereign Lord the King himself according to the content of the Charter of the said City and the said Mayor shall have the Government of the said City under the King for the year following and the said Mayor shall take fifty Marks a year for the of Coâ—n and fifty Marks in time of Peace of the Merthants of Anzens Corby and Neele according to the ancient Orders thereupon made and every Mayor shall hold his general Court at the Guild Hall the Munday after the Feast of the Epiphany and then shall be assembled all the Aldermen of the same City and all the Constables Scavengers and Beadles shall be sworn anew well and faithfully to do their office during the time they shall be Officers and the Wardmotes held by the Aldermen and the default found shall be then delivered up by the said Aldermen in writing and the default found in the Wards shall be enquired and examined and the Mayor for the time being by custome of the same City for maintainance of the Peace and for the quiet of the City hath authority to arrest and imprison the disturbers of the Peace and other malefactors for rebellions or lewd expences and other defaults according to their discretion without being appeached or afterwards impleaded for the same Item No Mayor shall be chosen within the said City before that he hath been Sheriff of the same City a year before Item The Mayors of London which have been for the time are accustomed to have their Sword born upright before them within the said City and without the putting the same down in the presence of any except the King and that Sword is called the Kings Sword Also the Sheriffs of London are chosen by custome of the said City on St. Matthews day in the Guild-Hall viz the one shall be chosen by the Mayor and the other by the Commons and the said Sheriffs shall afterwards be sworn within the said Guild-Hall and the morrow after St. Michal presented into the Exchequer by the Constable of the Tower according to the form of the Charter of the City as is aforesaid and the same Sheriffs shall have Free Election of all their Officers and of their Farmours and Bayliffs as well within the City as the County of Middlesex and of the Goalers of the Prisons within the said City at their will and the same Sheriffs pay and are Accomptants yearly to the Kings Exchequer for the Farm of the said City and County of Middlesex according to the form of the said City and Charter and by reason of that Farm the said Sheriffs ought to have the ancient Tolls and Customes of Merchandizes coming into the City and going out of the same and Forfeitures Fines and Amerciaments and all other commodities of ancient time belonging to their Office And no Merchandizes shall pass out of the City by Land nor by Water by Cart Horse nor Portage by men without a Warrant sealed by the said Sheriffs and Forreigners must pay for their Issue according to the ancient custome Item The Aldermen every year are elected at the Feast of St. Gregory and sworn and presented to the Mayor and the said Aldermen are chosen by men of the same Ward which Aldermen ought to keep their Wardmotes Item Upon the death of the Alderman of any Ward the Inhabitants in the Ward are to chuse a new Alderman for their Ward whom they think good and are to certifie the Lord Mayor of their choice who is to declare the same to the Court of Aldermen at their next meeting and then to give the Ward notice of their liking of the choice but if it be an easie and quiet Ward then by order either the Lord Mayor or eldest Knight on the Bench is to have the same Ward as Alderman thereof yet the Election is in the Ward absolute of themselves whom they will chuse THE COMMISSION AND ARTICLES OF THE WARD-MOTE INQUEST By the MAYOR To the Alderman of the Ward 1. VVE charge and command you that upon St.
Thomas the Apostle next coming you do hold your Ward-mote and that you have afore us at our general Court of Aldermen to be holden in the Guild-Hall the Monday next after the Feast or the Epiphany next coming all the defaults that shall be presented afore you by Inquest in the said Ward-more and the said Inquest shall have full Power and Authority by one whole year to inquire and present all such defaults as shall be sound within your said Ward as oftentimes as shall be thought to you expedient and needful which we will shall be once every moneth at the least 2. And if it happen any of your said Inquest to die or depart out of your said Ward within the said year that then in place of him or them so dying or departing out of your said Ward you cause to be chosen one able person to inquire and present with the other in man and form aforesaid 3. And that at the said general Court you give afore us the Names and Surnames of all them of your said Ward that come not to your said Ward-more if they be duely warned so that due redress and punishment of them may be had as the case shall require according to the Law 4. And that yea do provide that at all times convenient covenable Watch be kept and that the Lanthornes with Light by Nightertaile in old manner accustomed be hanged forth and that no man go by Nightertaile without Light nor with Visard on the peril that belongeth thereto 5. And also that you do cause to be chosen men of the most sufficient honest and discreet men of your said Ward to be for your said Ward of the Common Councel of this City for the year ensuing according to the custome in that behalf yearly used And also that you do cause the said Men so to be chosen to be of the Common Councel to be sworn before you and in your presence according to the Oath for them used and of old time accustomed the Tenor of which Oath hereafter ensueth The Oath YE shall swear that you shall be true to our Soveraign Lord the King that now is and to his Heirs and Successours Kings of England and readily ye shall come when ye be summmed to the Common Councel of this City but if ye be reasonably excused and good and true Councel ye shall give in all things touching the Commonwealth of this City after your wit and cunning and that for favour of any person ye shall maintain no singular profit against the common profit of this City and after that you be come to the Common Councel you shall not from thence depart until the Common Councel be ended without reasonable cause or else by the Lord Mayors License And also any secret things that be spoken or said in the Common Councel which ought to be kept secret in no wise you shall disclose as God you help And that together with the said Oath of their Office you administer to the said persons that shall be chosen of the Common Councel the Oaths of Supremacy and Allegiance and the other Oath hereafter following I A B Do utterly testifie and declare in my Conscience that the Kings Highness is the onely Supream Governour of this Realm and of all other his Highnesses Dominions and Countries as well in all Spiritual or Ecclesiastical things or causes as Temporal And that no forreign Prince Person Prelate State or Potentate hath or ought to have any Iurisdiction Power Superiority Preheminence or Authority Ecclesiastical or Spiritual within this Realm And therefore I do utterly renounce and forsake all forreign Iurisdictions Powers Superiorities and Authorities and do promise that from henceforth I shall bear Faith and true Allegiance to the Kings Highness his Heirs and lawful Successours and to my Power shall assist and defend all Iurisdictions Priviledges Preheminences and Authorities granted or belonging to the Kings Highness his Heirs and Successours or united and annexed to the Imperial Crown of this Realm So help me God and the contents of this Book I AB Do truely and sincerely acknowledge profess testifie and declare in my Conscience before God and the World that our Soveraign Lord King Charles is lawful and rightful King in this Realm and of all other his Majesties Dominions and Countries and that the Pope neither of himself nor by any Authority of the Church or See of Rome or by any other means with any other hath any Power or Authority to depose the King or to dispose any of his Majesties Kingdomes or Dominions or to authorizo any forreign Prince to invade or annoy him or his Countries or to discharge any of his Subjects of their Allegiance and Obedience to his Majesty or to give License or leave to any of them to bear Arms raise Tumults or to offer any violence or hurt to his Majesties Royal Person State or Government or to any of his Majesties Subjects within his Majesties Dominions Also I do swear from my Heart that notwithstanding any Declaration or Sentence of Excommunication or Deprivation made or granted or to be made or granted by the Pope or his Successours or by any Authority derived or pretended to be derived from him or his See against the said King his Heirs or Successours or any Absolution of the said Subjects from their Obedience I will bear Faith and true Allegiance to his Majesty his Heirs and Successours and him and them will defend to the uttermost of my power against all Conspiracies and Attemps whatsoever which shall be made against his and their Persons their Crown and Dignity by reason or colour of any such Sentence or Declaration or otherwise and will do my best endeavour to disclose and make known unto his Majesty his Heirs and Successours all Treasons and traiterous Conspiracies which I shall know or hear of to be against him or any of them And I do further swear that I do from my Heart abhor detest and abjure as Impious and Heretical this damnable Doctrine and Position that Princes which be excommunicated or deprived by the Pope may be deposed or murthered by their Subjects or any other whatsoever And I do beleive and in Conscience am resolved that neither the Pope nor any person whatsoever hath power to absolve me of this Oath or any part thereof which I acknowledge by good and full Authority to be lawfully administred unto me and do renounce all Pardons and Dispensations to the contrary And all these things I do plainly and sincerely acknowledge and swear according to these express words by me spoken and according to the plain and common sense and understanding of the same words without any Equivocation or mental Evasion or secret Reservation whatsoever And I do make this Recognition and Acknowledgement heartily willingly and truely upon the true Faith of a Christian So help me God c. I. A. B. Do declare and believe that it is not lawful upon any pretense whatsoever to take
Arms against the King And that I do abhor that traiterous Position of taking Arms by his Authority against his person or against those that are Commissioned by him So help me God And farther that you likewise Administer to the same persons that shall be so elected of the Common Council to be by them subscribed the ensuing Declaration I. A. B. Do declare that I hold there is no Obligation upon me or any other person from the Oath commonly called the solemn League and Covenant And that the same was in it self an unlawful Oath and imposed upon the Subjects of this Realm against the known Laws and Liberties of the Kingdome For that otherwise if the said persons or any of them that shall be elected as aforesaid of the Common Council shall not take the said Oaths and subscribe the said Declaration their Election and choice is by the late Act of Parliament for the governing and regulating of Corporations enacted and declared to be void 6. And that also in the said Wardmote you cause to be chosen certain other honest persons to be Constables and Scavengers and a Common Beadle and a Raker to make clean the Streets and Lanes of all your said Ward according to the custome yearly used in that behalf which Constables have and shall have ful power and authority to distrein for the Sallery and Quarterage of the said Beadle and Raker as oftentimes as it shall be behind unpaid 7. Also that you keep a Roll of the Names Sur-names Dweling-places Professions and Trades of all persons dwelling within your Ward and within what Constables Precinct they dwell wherein the place is to be specially noted by the Street Lane Alley or Sign 8. Also that you cause every Constable from time to time to certifie unto you the Name Sur-name Dwelling-place Profession and Trade of every person who shall newly come to dwell within his Precinct whereby you may make and keep your Roll perfect and that you cause every Constable for his Precinct to that purpose to make and keep a perfect Roll in like manner 9. Also that you give special charge that every Inholder and other person within your Ward who shall receive any person to lodge or sojourn in his House above two dayes shall before the third day after his coming thither give knowledge to the Constable of the Precinct where he shall be so received of the Name Sur-name Dwelling-place Profession and Trade of life or place of Service of such person and for what cause he shall come to reside there and that the said Constable give present notice thereof to you and that the said Inholder lodge no suspected person or Men or Women of evil name 10. Also that you cause every Constable within his Precinct once every Month at the farthest and oftner if need require to make diligent search and inquiry what persons be newly come into his Precinct to dwell sojourn or lodge and that you give special charge that no Inholder or other person shall resist or deny any Constable in making such search or inquiry but shall do his best endeavour to aid and assist him therein 11. And for that of late there is more resort to the City of persons evil affected in Religion and otherwise than in former times have been You shall diligently inquire if any man be received to dwell or abide within your Ward by the space of one year being above the age of twelve years and not sworn to be faithfull and loyal to the Kings Majesty in such sort as by the Law and Custom of the City he ought to be 12. To all these purposes the Beadle of every Ward shall imploy his diligence and give his best furtherance 13. Also that you have special regard that from time to time there be convenient provision for Hooks Ladders and Buckets in meet places within the several Parishes of your Ward for avoiding the peril of Fire 14. Also that the Streets and Lanes of this City be from time to time kept clean before every Church House Shop Ware-house Door dead Wall and in all other common passages and Streets of the said Ward 15. And where by divers Acts of Common-Councel aforetime made and established for the Common-weal of this City amongst other things it is ordained and enacted as hereafter ensueth Also it is Ordained and Enacted That from henceforth no Huckster of Ale or Beer be within any Ward of the City of London but honest persons and of good name and fame and so taken and admitted by the Alderman of the Ward for the time being that the same Hucksters do find sufficient Surety afore the Maior and Alderm for the time being to be of good guiding and Rule and that the same hucksters shall keep no bawdry nor suffer no Lechery Dice-playing Carding or any other unlawfull games to be done exercised or used within their Houses and to shut in their Doors at nine of the Clock in the night from Michaelmass to Easter and from Easter to Michaelmass at ten of the Clock in the night and after that hour sell none Ale or Beer And if any Huckster of Beer or Ale after this Act published and Proclaimed sell any Ale or Beer within any Ward of the City of London and be not admitted by the Alderman of the same VVard so to do or find not sufficient surety as it is above rehearsed the same Huckster to have Imprisonment and make fine and ransome for his contempt after the discretion of the Mayor and Aldermen and also that the said Hucksters suffer no manner of common eating and drinking within their Cellers or Vaults contrary to the ordinance thereof ordained and provided as in the said Act more plainly appeareth at large we charge you that you do put the same in due execution accordingly 16. And also that ye see all Tiplers and other Cellars of Ale or Beer as well of privy Osteries as Brewers and Inholders within your Ward not selling by lawful measures sealed and marked with the City Arms or Dagger be presented and their Names in your said Indentures be expressed with defaults so that the Chamberlain may be lawfully answered of their Amerciaments 17. And also that you suffer no Alien or Son of any born an Alien to be of the Common Councel nor to exercise or use any other office within this City nor receive or accept any person into your Watch privy or open but Englishmen born and if any Stranger born out of this Realm made Denizen by the Kings Letters Patents or any other after his course and lot be appointed to any Watch that then ye command and compel him or them to find in his stead and place one Englishman to supply the same 18. And also that you cause an abstract of the Assize appointed by Act of Parliament for Billets and other Fire-wood to be fair written in Parchment and to be fixed or hanged
up in a Table in some fit and convenient place in every Parish within your Ward where the common people may best see the same 19. And furthermore we charge command you that you cause such provision to be had in your said Ward that all the Streets and Lanes without the same Ward be from time to time cleansed and cleerly voided of Ordure Dung Mire Rubbish and other filthy things whatsoever they be to the annoyance of the Kings Majesties subjects 20. And also that at all times as you shall think necessary you do cause search to be made within your said Ward for all vagarant Beggars suspitious and idle people and such as cannot shew how to live and such as shall be sound within your said Ward that you cause to be punished and dealt with according to the Laws and the Statute in such case ordained and provided 21. And also we will and charge you the said Alderman that your self certifie and present before us at the same general Court to be holden the aforesaid Monday next after the Feast of Epiphany all the Names and Surnames truely written of such persons within your said Ward as be able to pass in a grand Jury by themselves and also all the Names and Sur-names truly writen of such persons being and dwelling within your said Ward as be able to pass in a petty Jury and not able to pass in a grand Jury by themselves that is to say every grand Jury man to be worth in Goods an hundred Marks and every petty Jury man forty Marks according to an Act in that case made and provided and the same you shall indorce on the backside of your Indenture 22. Item for divers reasonable and urgent considerations us especially moving we straightly charge and command you on the King our Soveraign Lords behalf that you diligently provide and foresee that no manner of person or persons within your said Ward of what condition or degree soever he or they be of keeping any 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
and if they be souâ— there after the timâ— that then not only the said dishoneâ—â— persons shall have imprisonment of the bodies after the discretion of the Mayoâ— and Aldermen but also the said Land lords Letters of the said houses shalâ— forfeit to the Guild Hall as much as they should have had for letting of the said house or should be paid by the year if the said persons or others had dwelled in the said house you shall duly enquire of offences against this Act and present them 18. Also if any Freeman against his Oath made conceal cover or colour the Goods of Forraigners by the which the King may in any wise lose or the Franchises of this City be imblemished 19. Also if any Forreigner buy and sell with any other Forreigner within this City or the Subburbs thereof any Goods or Merchandizes be forthwith forfeit to the use of the commonalty of this City 20. Also if every Freeman which receiveth or taketh the benefit and enjoyeth the Franchises of this City be continually dwelling out of the City and hath not â—e will not after his Oath made be at Scot and Lot nor partner in the charges of this City for the worship of the same City when he is duly required 21. Also if any man conceal the Goods of Orphans of this City of whom the Ward and marriage of right belongeth to the Mayor and Aldermen of this City 22. And if any Officer by colour of his Office do extortion unto any man or be maintainer of Quarrels against right or take carriage or arrest Victual unduly 23. Also if any Boteman or Feriour be dwelling in the Ward that taketh more for Botemanage or Feriage then is ordained 24. Also if any man make Purprestâ—res that is to say incroach or take of the common ground of this City by Land or by Water as in Walls Pales Stoops Grieces or Dores of Cellars oâ— in any other like within the Ward oâ— if any Porch Penthouse or Jetty be toâ— low in letting of men that ride beside or Carts that go thede forth 25. Also that Penthouses and Jeâ—ties be at the least the height of nine foot and that the Stalles be not but of two foot and a half in breadth and to be flexible or moveable that is to say to hang by Icmewes or Garnets so that they may be taken up and let down 26. Also if any common way or common course of water be foreclosed or letted that it may not have his course as it was wont to the noyance of the Ward and by whom it is done 27. Also if any Pavement be defective or too high in one place and too low in another to the disturbance of Riders and Goers thereby and Carte that go thereupon 28. Also if any Regrator or Forestaller of Victual or of any other Merchandizes which should come to this City to be sold be dwelling in this Ward a Regrator is as much to say as he that buy-up all the Victual or Merchandizes or the most part thereof when it is come to the City or the Suburbs of the same at a low price and then afterwards selleth it at his own pleasure at a high and excessive price a Forestaller is he that goeth out of the City and meeteth with the Victual and Merchandize by the way coming unto the City to be sold and there buyeth it both these be called in the Law Inimici publici patriae which is to say open Enemies to a country 29. Also if any Butcher Fishmonger Poulter Vintner Hostler Cook or sellar of Victual do sell Victual at unreasonable prizes 30. Also if any Hostler sell Hay Oats or Provender at excessive prizes taking greater gain thereby then is reasonable and lawful 31. Also if any Victualler sell any Victuals not covenable or unwholesome for mans body or else dearer then is proclaimed by the Mayor when any such Proclamation is or shall be 32. Ye shall diligently make search and inquity whether there be any Vintner Inholder Alehouse-keeper or any other person or persons whatsoever within your Ward that do use or keep in his or their house or houses any Cans Stone pots or other Measures which be unsealed and by Law not allowed to sell Beer or Ale thereby and whether they do sell any of their best Beer or Ale above a penny the quart or any small Ale or Beer above a half-penny the quart and whether any of them do sell by any Measure not sealed If there be any such you shall seize them and send them to the Guild Hall to the Chamberlains Office and present their names and faults by Indenture so oft as there shall be any occasion so to do 33. Ye shall also make search in the Shops and Houses of all the Chandlers and of all others which sell by weight or measure dwelling within your Ward and see that their Scales be not one heavier then another and that their Weights and Measures aswel Bushels as lesser Measures aswel those that they sell Sea-coales by which ought to be heaped that they be in breadth according to the new Standard sealed as all others and that all Yards and Ells that they be their just lengths and sealed that the poor and other his Majesties Subiects be not deceived And further if any do buy by one Weight or Measure and sell by others and if in your search you find any false Weights Measures or Scales ye shall seize them and send them unto the Guild-Hall to the Chamberlain and you shall also do the like if you shall find any that do sell any thing by Venice Weights contrary to the Law and his Majesties Proclamations present their Names and faults 34. Also if any Inholder bake any Bread to sell within his house and if any Baker of sower Bread bake white Bread to sell or mark not his Bread or else take more for the baking then six pence for a bushel 35. Also ye shall inquire if any house be covered otherwise then with Tile Stone Lead for peril of Fire 36. Also if any Leaper Faitour or mighty Begger be dwelling with in this Ward 37. Also if any Baker or Brewer bake or brew with Straw or any other thing which is perillous for Fire 38. Also if any mango with painted visage 39. Also if there be any man that hangeth nor out a Lantern with a Candle therein burning after the usage according to the Commandement thereupon given 40. Also if any person bring or cause to be brought to this City or the Liberties thereof to be sold or sell offer or put to saile any Tallwood Billets Faggots or other Firewood not being of the full Assize which the same ought to hold 41. Also if any Freeman of this City use to resort into the Countries near to this City and there to ingross and buy up much Billet
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
under pain of three shillings four pence 20. No Carts using dayly cartiage within this City nor Car shall have Wheels shod with Iron but bare under pain of six shillings 21. No man shall burn any Straw Rusnes or other thing Linnen or Woollen in the Streets by night or by day under pain of three shillings four pence 22. No man shall blow any Horn in the night within this City or Whistle after the hour of nine of the Clock in the night under pain of imprisonment 23. No man shall use to go with Vizards or disguised by night under like pain of imprisonment 24. That Night-walkers and Eveâ— droppers indure like punishment 25. No Hammer-man as a Smith Pewterer a Founder and all Artifice making great sound shall not work aâ—ter the hour of nine in the night not â—â—fore the hour of four in the morning under pain of three shillings four pence 26. No man shall cast into the Ditches of this City or the Sewers of this City without the Walls or into the Walls Grates or Gullets of this City any manner of Carren stinking Flesh rotten Fish or any Rubbish Dung Sand Gravel Weeds Stones or any other thing to stop the course of the same under pain of cleansing them at his own cost and charge under pain of Imprisonment 27. No man shall make any Widrawces in any of the Town-Ditches or the Town-Gullets under the pain of twenty shillings 28. No man shall build nigh the Walls of this City without License of the Lord Mayor Aldermen and Chamberlain under pain of throwing down the same and no Licence may be granted except that the Chamberlain freely at all times have convenient and needful ingross and entry going out and clear recourse 29. No man shall go in the Streets by night or by day with Bow bent or Arrows under his Girdle nor with Sword unscabberd under pain of imprisonment or with Hand-Gun having therewith Powder and Match except it be in an usual May-game or sight 30. No man shall after the hour of nine at the night keep any rule whereby any such sudden Out-cry be made in the still of the night as making any Affray or beating his Wife or Servant or Singing or Revelling in his house to the disturbance of his Neighbours under pain of three shillings four pence 31. No man shall make an Affray upon any Officer which with good Demeanour doth his message by Commandment from my Lord Mayor or any Alderman or Mr. Sheriffs or Mr. Chamberlain or misbehave himself in any Rayling upon any Judge of this City or their Officers which by Commandement are sent to bring any breaker of this Law and Custome to Ward or to distress or such like upon pain of Imprisonment of forty dayes and forfeiture of the double penalty for the offences assessing railing upon any Alderman or Mayor in his Office is Judgement of the Pillory Railing upon Mr. Chamberlain in his Office forty dayes Imprisonment beating threatning and railing of an Officer is Imprisonment after the Trespass is 32. Memorandum That every offence found in this City it is accustomed that the Officer a Freeman finding it which is called primus Inventor hath half the penalty by the grace of the Court. 33. Also every Freeman may find any offence but he hath no power to bring the party before any Judge of this City without an Officer except the party will come to his answer by free will 34. No man hath power to Arrest Attach or make distress of any Goods sorfeitable or offences except the Constable or Serjeant of the Mace 35. No Butcher or his Servant shall not use to drive any Oxe or Oxen atrot in the Streets but peaceably and if an Oxe happen to be let go when he is prepared to slaughter the Butcher shall forfeit two shillings besides recompence if any person be hurt thereby 36. No Butcher shall scald Hogs but in the common Scalding-House upon pain of six shillings eight pence 37. No Butcher shall sell any Measel Hog or unwholesome Flesh under pain of ten pounds 38. No Butcher shall sell any old stale Victual That is to say above the slaughter of three dayes in the Winter and two in the Summer under pain of ten pounds 39. None unreasonable Victual for all manner of Victuals 40. No Victualler of this City shall shall give any rude or unsetting Language or make any clamour upon any man or woman in the open Market for cheapning of Victual under pain of three shillings four pence 41. No Butcher shall cast the inwards of Beasts into the Streets Cleaves of Beasts Feet Bones Horns of Sheep or other such like under pain of two shillings 42. The Pudding-cart of the Shambles shall not go afore the hour of nine in the night or after the hour of five in the morning under pain of six shillings eight pence 43. No man shall cast any Urine-boles or Ordure-boles into the Streets by day or night afore the hour of nine in the night And also he shall hot cast it out but bring it down and lay it in the Channel under the pain of three shillings four pence And if he do cast it upon any persons head the party to have a lawful recompence if he have hurt thereby 44. No man shall hurt cut or destroy any Pipes Sesperals or Windvents pertaining to the Conduit under pain of Imprisonment and making satisfaction though he doth it out of the City if he may be taken within the City 45. No man within this City may make any Quill and break any Pipe of the Conduit coming through his house or nigh his ground under pain of the Pillory or take any water privily unto his house 46. Casting any corrupt thing appoysoning the water Lourgulary and Fellony 47. Whosoever destroy or perish any Cocks of the Conduit must have Imprisonment and make satisfaction Old Laws and Customes of this City 48. NO man shall set up Shop or occupy as a Freeman afore he be sworn in the Chamber of London and admitted by the Chamberlain under pain of 49. No man shall set over his Apprentice to any other person but by license of Master Chamberlain and there to be set over under pain of 50. No man which is a Forreign shall not buy nor sell within the Liberties of this City with any other Forreign under pain of forfeiture of the Goods so Forreign bought and sold 51. No Freeman shall be disobedient for to come at Master Chamberlains commandement to any summons to him given by any Officer of the Chamber under pain of Imprisonment 52. Master Chamberlain hath power to send a Freeman to Ward that he incontinently after send to the Lord Mayor the cause why that he is punished so that the Lord Mayor release him not but by the Chamberlains assent and if he be a great Commoner and disobeying to the Chamberlain Master Chamberlain may refer it to a Court of Aldermen Master Chamberlain hath Authority to send or command any
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