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A32296 Reports of special cases touching several customes and liberties of the city of London collected by Sir H. Calthrop ... ; whereunto is annexed divers ancient customes and usages of the said city of London. Calthrop, Henry, Sir, 1586-1637. 1670 (1670) Wing C311; ESTC R4851 96,584 264

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the Parish of Grace-Church street London for which house a rent of five pound yearly hath been reserved time out of mind in the third year of the King that now is by Indenture doth make a Lease for five years unto one Withers of part of the House and of the Shop rendring the Rent of five pound by the year at the four usual Feasts that is to say at the Feast of the Annuciation c. by even and equal portions And in the same Indenture it is further covenanted and agreed that Withers the Leassee shall pay unto Burrel the Leassor a hundred fifty pound in name of a Fine and Income the which said hundred and fifty pound is to be paid in manner and form following that is to say thirty pound yearly and every year during the said term at the four usual Feasts by even and equal portions the term of five years expired the said Burrel in the tenth year of the said King by Indenture maketh a new Lease for the term of seven years of the said part of the house and the Ware-house unto one Goff rendring the rent of five pound by the year at the Feast of S. Michael the Archangel and the Annunciation of the Blessed Virgin Mary by even and equal portions And in the same Indenture it is further covenanted and agreed that Goff shall pay unto the said Burrell 175. l. in the name of a Fine and Income in manner and form following that is to say twenty five pound yearly during the said te●m at the said two usual Feasts by even and equal portions Dunn Parson of Grace-Church exhibiteth his Petition unto the then Lord Mayor of London against the said Burrel and Goff wherein he supposeth that Tythes are paid unto him only according to the rate of five pound by the year where in truth he ought to have an allowance according unto the rate of thirty pound by the year The Lord Mayor by the advice of his Councel doth call the said Burrell and Goff before him and upon full hearing of the said cause doth order the p●yment unto Dunn according unto the rates of five pound by the year and not according to the rate of thirty pound by the year whereupon the said Dunn doth exhibit his Bill of Appeal unto the Lord Chancellour of England in the Chancery wherein he doth make a recital of the Decree made and established by Act of Parliament in 37. H. cap. 12. and also of the case special as it standeth charging the said Goff and Burrell with a practice of fraud and covin in the reservation of this twenty five pound by year by way of Fine and Income and defrauding him of that which belonged unto him The said Goff and Burrell do make their answer and shew that the rent of five pound by the year is the ancient rent reserved and that they are ready and have often tendred the payment of their Tythes according to that proportion but it hath been denied to be accepted and they do take a traverse unto the fraud and covin wherewith they stand charged And upon this answer Dunn the Parson demurreth in Law And this case was first argued in the Chancery by Sir Francis Moor Serjeant and Thomas Crew on the behalf of Dunn and by Sir Anthony Benn late Recorder of London and Iohn Walter on the part of the Defendants The Lord Chancellour having called Sir Henry Mountague Cheif Justice of the Kings Bench Sir Henry Hobart Chief Justice of the Common Pleas Sir Iohn Doddridg one of the Justices of the Kings Bench and Sir Richard Hutton one of the Justices of the Common Pleas to be his Assistants and after two Arguments heard on each side in the Chancery upon Suit made to the King by Sir Francis Bacon then Lord Chancellour of England a special Commission was granted unto Thomas Lord Archbishop of Canterbury Sir Francis Bacon Lord Chancellour of England Thomas Earl of Suffolk late Lord Preasurer of England Edward Earl of Warwick Keeper of the Privy Seal William Earl of Pembrook Lord Chamberlain of the Kings houshold Iohn Bishop of London Bishop of Eli Sir Henry Mountague Sir Iulius Caesar Master of the Rolls Sir Iohn Doddridg and Sir Richard Hutton wherein there was a special recital of the question and cause depending between Dunn on the one part and Burrell and Goff on the other part and power given unto them for the hearing and determining of this cause and likewise for the mediating between the Citizens of London and the Parsons of the several Parishes and Churches in London and making an arbitrary end betwixt them whereby a competent provision may be made for the Ministers of the Churches of London and too heavy a burthen may not beimposed upon the Citizens of London with a command further that they shall certifie the King what was done in the premises And this Commission was sat upon at York-house where the case was argued at several times by Sir Randal Crew and Sir Henry Finch Serjeants of the King on the part and behalf of the Ministers of London and by Sir Henry Yelverton Attorney of the King and Sir Thomas Coventry Solicitor of the King on the behalf of the Citizens of London and because the main Question remained as yet undetermined and no resolution is given either in point of Law nor Arbitrary end by way of mediation I shall only open the parts of the case and make a summary report of them without further debate of them The Case divideth it self into six parts that is to say First whether any thing can be demanded by the person for houses in London according to the course of the Common Law Secondly whether custome can establish a right of payment of any thing unto the Parson for houses and of what nature the payment established shall be Thirdly what was anciently payable by the Citizens of London for their houses unto the Ministers of London and how grew the payment Fourthly whether this twenty five pounds reserved upon a covenant by way of fine and income be a rent within the words of the Decree made 37. H. 8. cap. 12 Fifthly whether this reservation of twenty five pounds by the year by way of fine and income shall be adjudged to be a rent within the intent and meaning of the Statute an Decree or no Sixthly who shal● be Judge of the Tithes for houses in London and the remedy for the Parson in case that payment be not made unto him according to the Decree As to the first part which is whether by the Common Law any thing can be demanded for the houses in London It is to be agreed and clear that nothing can be demanded For that which the Parson ought to demand of houses is Tythes and it is improper and cannot be that Tythes can be paid of houses First in regard that houses do not increase and renew but rather decrease for want of reparations and
persons for dividing Houses or Inmates to write the Names and addition to the present Landlord receiving the Rent and the Names of the Tenants in possession and of the Inmate in any house and also to write in the Margent on the side of every Presentment the Name or Names upon whose evidence you make such Presentment An Act of Parliament for the Preservation of the River of Thames Made in the 27. year of King Henry the 8. VVHere before this time the River of Thames among all Rivers within this Realm hath been accepted and taken and as it is indeed most commodious and profitable unto all the Kings Liege people and chiefly of all other frequented and used and as well by the Kings Highness his Estates and Nobles Merchants and other repairing to the City of London and other places Shires and Counties adjoyning to the same which River of Thames is and hath been most meet and convenient of all other for the safegard and ordering of the Kings Navy conveighance o● Merchandizes and other necessaries to and for the Kings most honourable Houshold and otherwise to the great relief and comfort of all persons within this Realm till now of late divers evil-disposed persons partly by miso●dering of the said River by casting in of Dung and other filth laid nigh to the Banks of the said River digging and undermining of the Banks and Walls next adjoyning to the same River carrying and converghing away of Way-shides Shore-piles Boards Timber-work Ballast for Ships and other things from the said Banks and Walls in sundry places by reason whereof great Shelfes and Risings have of late been made and grown in the farway of the said River and such Grounds as lye within the Level of the said Water-mark by occasion thereof have been surrounded and overflown by rage of the said Water and many great breaches have ensued and followed thereupon and dayly are like to do and the said River of Thames to be utterly destroyed for ever if convenient and speedy remedy be not sooner provided in that behalf For Reformation whereof be it enacted established and ordained by the King our Soveraign Lord and by the assent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same That if any person or persons hereafter do or procure any thing to be done in the annoying of the Stream of the said River of Thames making of Shelves by any manner of means by Mining Digging casting of Dung or Rubbish or other thing in the same River or take pluck or conveigh away any Boards Stakes Piles Timberwork or other thing from the said Banks or Walls except it be to amend and the same to repair again or dig or undermine any Banks or Walls on the Water side of Thames aforesaid to the hurt impairing or damage of any the said walls Banks then the same person or persons and every of them shall forfeit and pay for every time so offending one hundred shillings the one Moyety thereof to be to the King our Soveraign Lord and the other Moyety thereof to the Mayor and Commonalty of London for the time being the same to be recovered obtained by the Mayor Commonalty of London by Bill or Plaint Writ of debt or information severally against every offender in any of the Kings Courts in which Actions and Suits or any of them the party Defendant shall not be essoyned or wage his Law or any protection to be allowed in the same And it is further enacted by the Authority aforesaid that if complaint shall happen to be made to the Lord Chancellour of England Lord Treasurer Lord President of the Kings Councel Lord Privy Seal or to any of them by any person or persons or body politick that Sir Thomas Spert Knight now having the Office and ordering of for ballasting of Ships or any other that hereafter shall have the Office and Order of ballasting of Ships do take any ballast for Ships near the said River of Thames and do not take for parcel of the said ballasting the Gravel and Sand of the Shelfes between Greenhith and Richmond within the said River of Thames or in any place or places that is or shall be unto the damage or annoyance of the said River of Thames or in any part thereof that then upon every such complaint the said Lord Chancellour Lord Treasurer Lord President of the Kings most honourable Councel Lord Privy Seal and every of them calling both the Cheif Justices of either Bench or one of them shall have power and authority from time to time to hear and finally determine every such complaint by their discretion and to put such order therein for the taking of ballast for Ships upon every such complaint as by their discretions shall seem most convenient for the preservation of the said River of Thames and the parties offending such order shall suffer imprisonment and make no less Fine then five pound to the Kings use for every time offending or breaking the same Provided alwayes and be it enacted that it shall be lawful to every person and persons to digge carry and take away Sand Gravel or other Rubbish Earth or thing lying or being in or upon any Shelfe or Shelfes within the said River of Thames with out let or interruption of any person or persons or paying any thing for the same any thing contained in this present Act to the contrary notwithstanding An Act of Common Councel concerning the conservation and cleansing of the River of Thames made the 28. of September in the 30. year of King Henry the 8. VVHere by the Statute made in the 27. year of the Raign of our Soveraign Lord King Henry the eight among other for Reformation of the misordering of the River of Thames by casting in Dung and other filth many great Shelves and other risings have been of late grown and made within the same River By reason whereof many great breaches have ensued by occasion thereof which of like shall be the occasion of the utter destruction of the said River unless that the same Law be put in due Execution according to the true intent and meaning thereof Wherefore for a further Reformation of the same and to the intent that the said good and wholesome Statute may be put in more Execution and better knowledge of the people It is enacted by the Authority of this Common Councel that Proclamation may be made within this said City and the same to be put in writing and Tables thereof made and and set up in divers places of this City that it shall be lawfully to every person or persons to dig carry away and take away Sand Gravel or any Rubbish Earth or any thing lying or being in any Shelve or Shelves within the said River of Thames without let or interruption of any person or persons and without any thing paying for the same and after that to sell the same