King Edw. the 3. bereaving the King and Commonwealth of these great benefits and commodities is against the Law and so ought to be repealed And day was given accordingly to put in their Plea At which time many of the old Merchants-Adventurers being willing that trial should be made whether the benefit intended unto the Commonwealth might be compassed did shew to their obedience unto the King and desire of the good of their Country Surrender up their Patent into the hands of his Majesty since which time it being found by experience that the project had not that success which they expected and likewise Cloth and Wooll lay dead because there was no vent for them abroad The King according to his power reserved unto him in his Patent by which he erected and created the new Company of Merchants Adventurers of London did make repeal and revocation of the said New Patent and new Company and did redeliver unto the old Merchants their Patent confirming it and likewise by another Charter did enlarge the Liberties and Priviledges of the old Merchants by reason of which Grace of the King the old Company of Merchants-Adventurers of England are reestablished in that estate wherein they formerly were and they do now trade again as formerly they did to the great content of the Subject and benefit of the King and Country Certifying Indictments upon Certioraries IOhn Forner Iohn Evans and divers others being Indicted before Sir Thomas Hayes Lord Mayor of London Sir Henry Mountague Serjeant unto the King and Recorder of London Sir Thomas Lowe and divers others by vertue of a Commission granted unto them a Certiorari was directed unto them as Justices of Peace out of the Kings Bench for the certifying the said Indictment upon which Certiorari no return was made whereupon a second Certiorari was awarded unto the said Commissioners commanding them to certifie the said Indictment upon a pain upon which Certiorari a return was made in this manner That is to say that King H. 6. in the 23. year of his Reign by his Letters Patents bearing the same date did grant unto the Mayor Aldermen and Sheriffs of London that they should not be compelled upon any Writ directed unto them to certifie the Indictments themselves taken before them but only the Tenors of them the which they have done accordingly and Exception being taken unto this Return for the insufficiency of it it was resolved by Sir Edward Cook Chief Justice of the Kings Bench Sir Iohn Crook Sir Iohn Doddridg and Sir Robert Haughton that the return upon the reasons hereafter following was insufficient For first the Letters Patents being granted unto them by the name of the Mayor Aldermen and Sheriffs of the City of London warranteth only the not certifying of Indictments taken before them as Mayor Aldermen and Sheriffs of London and where the Writ is directed unto them by that name and they do not excuse them in Case where the Writ is directed unto them as Justices of Peace and where the Indictments are taken before them as Justices of Peace by virtue of the Kings Commission And howsoever the Mayor and Aldermen are Justices of Peace by Charter yet insomuch that they are distinct powers return made by them by the name of Mayor and Aldermen where the Writ is directed unto them as Justices of Peace will not be good Secondly there being a Resumption made by Act of Parliament in 28. H. 6. whereby all Lands Tenements Grants Rent and Fees granted since the first day of his Reign were resumed the Letters Patents made in 23. H. 6. unto the Mayor and Commonalty are annihilated and made void and so no hold may be taken of them and the Statute made in 1. Edw. 4. cap. 1. only confirmes those priviledges not heretofore revoked and repealed by Act of Parliament or otherwise and howsoever there be a Charter made by H. 7. in the first year of his Reign whereby restitution was granted of this priviledge yet no advantage may be taken of it because it was not spoken of upon the return and the Court may not intend it Thirdly the Letters Patents of the King being the sole ground and foundation to make the return good are not sufficiently returned unto the Court insomuch that it was said upon the return only that the King by his Letters Patents did grant unto the Mayor Commonalty and Sheriffs of London that they should not be compelled to certifie the Indictments themselves but it doth not appear that they were sealed with the Grand Seal and if they were not sealed with that Seal the Letters Patents may not be of any validity in Law howsoever they were sealed with the Exchequer Seal or Dutchy Seal in respect of which they may well be called the Letters Pattents of the King Fourthly the use hath alwayes been to remove Indictments and the Record of them upon a Certiorari awarded out of the Kings Bench and there was never any denial made of it before this time and in 5. Ed. 6. where a Certiorari was directed unto them for the removing of an Indictment of a Woman which was Indicted for being a common Whore the Indictment was certified in obedience unto the Writ although in the end of the return they shewed their Charter and prayed that it might be remanded because it was an Indictment only warrantable by the custome of the City and not by the Common Law And the Court was of opinion in the return at the Bar to have imposed a Fine and to have awarded a third Certiorari but it was stayed and the second return was amended Concerning Orphans Portions THe custome of London is that if any Freeman deviseth and or other Legacies of goods unto an Orphan that then the Mayor and Aldermen have used to take the profits of the Land and to have the disposition of the Legacies until such time as the Legatees shall attain unto the age of twenty one years or otherwise being a woman should be married and if the disposition of the profits of the Lands or of the personal Legacies were declared by the Testator in his Will that then the Mayor and Aldermen have used time out of mind of man to convent the person trusted by the Will of the Testator before them and to compel him to find Sureties for the true performance of the Legacies according to the Law of the Realm and the Will of the Testator and if they refuse to find Sureties then it is lawful to imprison them until they find Sureties The Widow of a Freeman of London dwelling in Middlesex bequeathed a Legacy of a thousand pound unto her Daughter after all Debts and Legacies paid and upon condition that she should not marry without the assent of her Executor and maketh a Freeman her Executor and dieth The Executor is convented before the Court of Mayor and Aldermen and required to put in Sureties unto the Chamberlain of London according to the
REPORTS OF SPECIAL CASES Touching several Customes AND Liberties OF The City of LONDON Collected by Sir H. Calthrop Knight Sometimes Recorder of London Whereunto is annexed divers ANCIENT CUSTOMES AND USAGES Of the said City of LONDON LONDON Printed for Abel Roper at the Sun St. Dunstans Church in Fleetstreet 1670. To the Right Worshipful Sir THOMAS LOE K. ALDERMAN OF The City of LONDON Worthy Sir BEing put in mind of that saying of Seneca Ingratum sidixeris Omnia dixeris And having a desire to avoid that Rock whereupon so many have suffered Shipwrack have had often conflicts within my self wherein I might express my thankfulness unto you of whom I a Stranger have received so many undeserved favours and at last bethought my self that you being one of the Noble Governours of this famous City of London and being likewise a President over several Companies of Merchants in it a Treatise concerning the Customs of the City of London or otherwise concerning the Priviledges and Immunities granted unto the Merchants of London would not altogether be an unfitting subject to be presented unto your view whereupon I have selected som few Cases collected by my self of the resolution of the Iudges concerning some Customes of your City and some Charters granted unto the Citizens of it and offered them unto your consideration the which I desire you to accept as a pledge and token of a thankful mind howsoever they in themselves are unworthy your pains to be taken in the reading of them and so with my truest wishes of the continuance of all happiness unto your self your thrice Noble Lady and the branches of your flourishing Family I take my leave ever resting From my Chamber in the middle Temple 2 Januarii Anno Dom. 1661. The affectionate and hearty well-wisher of all good unto you and yours Henry Calthrop The Contents of several Cases THe Case of the City of London concerning Neusances in stopping up the lights of their Neighbours houses by new Buildings page 1 Touching the custome of Citizens learning that Trade whereunto they have been Apprentices seven years and betaking themselves to other Trades 9 The custome of London touching forreign Attachment 27 The Case concerning the prisage of Citizens Wines  The Case concerning repairing of Wharfes and Docks  The cuctome of London to fine one chosen by the Commons to be Sheriff and refusing to hold 33 The Case of Merchant-Adventurers 36 Certifying Indictments upon Certioraries 42 Concerning Orphans Portions 46 The custome in not removing body and cause upon Habeas Corpus 50 The Case concerning payment of Tythes in London 54 Divers ancient cuctomes and usages of the of City London 79 Hust of Pleas of Land 80 Hustings of Common Pleas. page 85 Assizes of Mort d' ancest in London 94 Assizes of Novel Dissezen called freshforce in London 97 De curia Majoris London Custumis Civitatis ejusdem diversis Cesibus terminalibus in eadem curis 100 The Commission and Article of the Wardmote Inquest by the Mayor 129 An Act for the reformation of divers abuses used in the Ward-mote Inquests 146 The Articles of the charge of the Ward-mote Inquest 151 An Act Parliament for the preservation of the River of Thames 169 An Act of Common Councel concernidg the conservation and cleansing of the River of Thames 174 The Oath of the Constables within the City of London 180 The Oath of the Scavengers 182 The Oath of every Freeman of this City of London 183 An Act of Common Council concerning making Freemen of the City againct colouring of forreign Goods 185 The Statutes of the Streets of this City against Annoyances 187 Old Laws and Customes of this City 196 By Act of Parliament in 14. Car. 2. 198 REPORTS of special CASES Touching several CUSTOMES And LIBERTIES Of the City of LONDON c. The Case of the City of London concerning Neusans in stopping up the lights of their Neighbours Houses by New-buildings REginold Hughs an Attorney of the Kings Bench being seized in his demesne as of Fee of an ancient house in the Parish of Saint Olaves in the Ward of Queen Hithe London in the South-Part of which House have been three ancient Lights time our of mind Anthony Keeme having taken a Lease for 31. years from the Rector and Guardians of the Parish Church of Saint Michael at Queen Hithe by Indenture of a rumous house and yard next adjoyning unto the said House with a Covenant to bestow a 100 marks at the least upon the repairing or new building of the said House doth within two years pull down the said House and doth build a new House in the place where the old House stood and likewise upon the yard whereby the three ancient Lights on the South-side of â—â—â—â— House are stopt up whereupon Reynold Lewes doth bring his action upon the case against Anthony Keem for the stopping up the Lights unto which the said Anthony doth plead a special Plea in Bar shewing the ruinousness of the House and likewise the Lease made by the Rector and Guardians and the Covenant comprised within the Lease and doth also shew that there is a custom in London that if one have an ancient house wherein there are ancient Lights and one other hath a House adjoyning upon that House he that hath the adjoyning House may well enough enhance his House or build a new House upon his ground and to stop those ancient Lights of the House next adjoyning unless there be some writing to the contrary And he doth aver in facto that there was no writing to the contrary and that he according to the Custome did take down the old House and build a new one upon the same Foundation and upon the Yard opposite unto the said Lights whereby they were stopped up and upon this Plea in Bar the Plaintiff demurreth in Law The Questions of this case are First whether it be lawful for a man to build a House upon his own Ground whereby the Lights of an ancient House are stopped there being no Custome to enable him Secondly whether the Custome of London will enable a man to build a new house from the ground where no house formerly was whereby he may stop the ancient lights of his Neighbours house Thirdly Whether upon an ancient foundation a house may lawfully be enhansed so as it shall stop up the light of the Neighbours house adjoyning As to the first it is clear by the opinion of Sir Thomas Flemming Chief Justice of the Kings Bench Sir Cristopher Yelverton Sir David Williams and Sir Iohn Crook Justices of the Kings Bench that there being no custome it is not lawful to erect a new house upon a void piece of ground whereby the old lights of an ancient house may be stopped up for the rule of equity and law saith Utere tuo ut alienum non laedas and the light which cometh in by the Windowes being an essential part of the House by which he
shall take or receive any manner of Fine or Fines for the concealment and discharging of any of the offences afore recited but truly present the same offences and every of them according to their Oaths upon pain of imprisonment by the discretion of the Lord Mayor and Aldermen of the said City for the time being Provided always and be it enacted by the authority aforesaid that it shall be lawful for all and every of the said Inquests to take and receive towards the charges of their Fire and Candles and other necessaries during the time of their said Session all and every such sums of money as any honest person or persons of their free will and benevolent mind will give and offer unto them and when they have made their said presentments to go and assemble themselves together for their Recreation and solace where they shall think it good and there not only to bestow and spend the twenty shillings which every Alderman within his Ward according to a certain Order lately taken shall yearly give unto them at the time of the delivery of their said Presentments towards their said charges in this behalf but also the residue of the said money received and gathered as it is aforesaid of the Benevolence of their said loving Friends if any such residue shall fortune to remain Any clause or Article in this present Act contained to the contrary notwithstanding Not failing hereof as ye tender the Common Weal of this City and advancement of good Justice and as ye will answer for the contrary at your uttermost peril The Articles of the charge of the Ward-mote Inquest 1. YE shall swear that ye shall truly inquire if the Peace of the King our Soveraign Lord be not kept as it ought to be and in whose default and by whom it is broken or disturbed 2. Also if there dwell any man within the Ward that is outlawed or indited of Treason or Fellony or be any receiver of Traitors or Fellons 3. Also ye shall inquire and truly present all the offences and defaults done by any person or persons within the River of Thames according to the intent and purport of an Act made by our late Soveraign Lord King Edward the sixth in his high Court of Parliament and also of divers other things ordained by Act of Common Councel of this City for the redress and amendment of the said River which as now is in great decay and ruine and will be in short time past all remedy if high and substantial provision and great help be not had with all speed and diligence possible as more plainly appeareth in the said Act of Parliament and the said Act of Common Councel of this City 4. Also if any manner of person make Congregation or be Receiver or Garherer of evil companies 5. Also if any man be a common Riotor or a Barrator walking by Nightertale without light against the rule and custome of this City 6. Also if there be any man within this Ward that will not help aid ne succour the Constables Beadle and other Ministers of this City in keeping of the Peace and Arrest the evil dooers with rearing of Hue and Cry 7. Also if there be any Huckster of Ale and Beer that commonly useth to receive any Apprentices Servants Artificers or Labourers that commonly use to play at the Dice Cards or Tables contrary to the form of the Statute in that Case ordained and provided 8. Also if there be any Inholder Taverner Brewer Huckster or other Victualer that hold open their Houses after the hour limited by the Mayor 9. Also if any Parish Clark do ring the Bell called the Curfue Bell after Curfue rungen at the Churches of Bow Barking Church Saint Brides and Saint Gile's without Cripplegate 10. Also ye shall inquire if any Putour that is to say Man-baud or Woman-baud common Hazerdours Contectour maintainer of Quarrels Champartours or Embracers of Inquests or other common misdoers be dwelling within this Ward and present their Names 11. Also if any Baud common Strumpet common Adulterer Witch or common Scold be dwelling within this Ward 12. Also if there be any House wherein is kept and holden any Hot-house or Sweating-house for ease and health of men to the which be resorting or conversant any Strumpers or women of evil Name or Fame or if there be any Hothouse or Sweating ordained for women to the which is any common recourse of young men or other persons of evil fame and suspect conditions 13. Also if there be any such persons that keep or hold any such Hot-houses either for men or women and have found no surety to the Chamberlain for their good and honest behaviour according to the Laws of this City and lodge any manner of person by night contrary to the ordinance thereof made by the which he or they shall forfeit oâ— twenty pounds to the Chamber if they do the contrary 14. Also if any manner of person cast or lay Dung Ordure Rubbish Seacole-dust Rushes or any other thing noiant in the River of Thames Walbrook Flett or other Ditches of this City or in the open Streets Ways or Lanes within this City 15. Also if any person in or after a great Rain falleth or at any other time sweep any Dung Ordure Rubbish Rushes Seacole-dust or any other thing noyant down into the Channel of any Street or Lane whereby the common course there is let and the same things noyant driven down into the said water of Thames 16. Also if any manner of person nourish or keep Hogges Oxen Kine Ducks or any Beasts within this Ward to the greivance and Disease of their Neighbours 17. Also where afore this time it is ordained and enacted as hereafter followeth Item for to eschew the evils of misgoverned persons that dayly when they be indebted in one Ward fly into another It is ordained by the Mayor and Aldermen that as soon as a man or woman suspect first do come to dwell within any house in any Ward within the City the Constables Beadles or oother Officers of the same shall be charged by their Oaths at the general Court to inquire and espie from whence they come And if they find by their own confession or by the Record of any of the Books of any Alderman of the City that they be Indited or cast of evil noyous life and will not find surely for their good abeating and honest governance to the Alderman for the time being that then they shall not dwell there from thenceforth but shall be warned to aviod within three or four dayes or more or less after as it shall be seen to the Alderman of the Waâ— for the time being and that the Land loâ— that letteth the house or his Attorney shall be also warned to make them â—â— avoid out of his house aforesaid with the said time limited by the Alderman