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 oâ— 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 misoâ—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
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 teâ—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 pâ—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 shalâ— 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
the disposition of them according to her will and pleasure and the Poet saith Da tua dum tua sunt nam post mortem tua non sunt and they not being the Wines of a Citizen to every intent but only to a special intent may not be said to be capable of the discharge of payment of prisage according to the Case that hath been adjudged that where the King by his Letters Patents doth grant the Goods and Chattels of all Felons and Fugitives unto a common person now the Patentee by vertue of this grant may not claim the Goods and Chattels of one that is a Felon of himself in so much that he is a Felon only to a special intent and this being a Flower of the Kings Crown shall not pass by general words Fourthly Prisage being a thing which is not due until such time as the bulk be broken now forasmuch as George Hanger was dead and so was disfranchised before such time as the duty accrued the Charter shall not extend to discharge the Wines in the hands of the Executrix of the payment of Prisage And so having given you a taste of the opinion of the Judges upon the main case I will descend to the other matters considerable in this case upon this Charter and for better order and methods sake I will divide it into the parts hereafter following that is to say First what Prisage is and to whom due the nature of it and the diversity between Butlerage and Prisage Secondly what is the cause and ground why the King hath Prisage Thirdly at what time prisage shall be said to be due Fourthly whether a grant or discharge may be made by the King of Prisage Fifthly whether the Charter of discharge unto the Mayor and Commonalty of the payment of Prisage be good when the grant is made to the Mayor and Commonalty and the benefit distributed unto the natural persons and the ground of the making of this Charter Sixthly what persons shall be discharged of the payment of Prisage within the words of the Charter which saith Quod de vinis Civium nulla prisa fiat Seventhly what Wines shall be said to be discharged of the payment of Prisage within the words of the Charter As to the first Prisage is a certain duty which the King and his Predecessours by themselves or their Officers by a custom time out of mind of man hath used to take for the provision of his houshold of all English Merchants of all Wines whatsoever which the said English Merchants bring from beyond the Seas into the Coasts of England In which said description it is first observed that it is a duty due from the subject unto his Majesty and not a voluntary gift of the subject unto the King Hereupon it is that in H. 4. 3. in the Patent-Roll in the Tower you shall find prisage termed by the name of Regia Recta prisa for that it apperreineth and is due unto the King of common Right and being a Flower of his Crown may not belong unto any man else but by especial Grant Secondly it appeareth that it is called a certain duty because it is manifestly certain what the King shall have out of every Ship both in respect of the time when he shall take it in respect of the place where he shall have it and in respect of the quantity which he shall have For as to the time when he shall take it it is upon the breaking of the Bulk of the Ship and not before for if a Ship come into the Port laden with Wines and the Bulk of her is not broken now may not Prisage be demanded of her And as to the place where the King shall take this prisage it is ascertained by a Book-Case where it is said That the King shall take one Tun behind the Mast and the other before And as to the certain quantity which the King is to take it is manifest by divers ancient Records for if a Ship have ten Tun in her and under the number of twenty Tuns then the King is to have one Tun only but if the Ship containeth twenty Tuns and more then the King is to have two Tuns the one to be taken behind the Mad and the other before the Mast the King paying for the portage twentyâ—sh and by reason of these certainties you shall find in the Patent-Rolls in the Tower 28. E. 1. that it is called Certa prisa Thirdly it is to be observed that is not a duty newly encroached for it hath by custom time out of mind of man been taken for the ancientest Records now remaining with us do make mention of the payment of it for in the Pat. Rol. aforementioned being in the 40th year of Henry the third it is spoken of and Fleta who wrote in the beginning of E. 1. his time hath not been silent in declaring the nature of prisage and in the 15. E. 2. Rast all Estreats Sect. 22. an ordinance is made amongst other things that the Butler of the King for the time being either by himself or his Deputy shall enroll the Wines of prisage how many times he hath taken them the testimony of persons of whom the price was had where and when and the Customers of England shall be charged according as they are assigned for the gathering of customes within I certain bounds that they twice yearly shall certifie the Treasurer and Barons how many Ships have arrived within their bounds c. And how many Ships arrived of whom the King did take prisage of Wine and how many Tunnes and in what Ships the King did take twosh for the Tun. And for the other price And in the Pat. Rol. extant in 20. R. 2. you may see the Record speak in this manner Memorandum quod Rex habet ex antiqua consuetudine de qualibet navi mercatoria applicante infra aliquem portum Regni Angliae duo dolia vini c. All which shew the antiquity of it Fourthly it is said of all English Merchants to make a difference between those that are Merchants and those that buy Wines beyond the Seas for their own private provision Secondly to make a distinction between the English Merchants and the Merchant-strangers for Merchant-strangers by a Charter made unto them called by the name of Charta Mercatoria in the one and thirtieth year of E. 1 his Reign are discharged of the payment of prisage in recompence and lien of which Immunity granted unto them the Merchant-strangers by way of thankful restitution granted unto the King and his Successours that he should have two sh of every Tun of Wine brought in by them within fourty dayes after it is brought into the Port the which two sh is called by the name of Butlerage because the Kings Chief Butler by reason of his Office is to receive it And those subject of the Kings who do buy Wines beyond the Seas for their
Commonalty for payment of the said sum at a certain day and thereupon is enlarged The four hundred Marks are not paid at the day whereupon the Mayor and Commonalty affirm a Plaint against him in London for the said Debt The Defendant obtaineth a Habeas Corpus to remove the body and the cause into the Kings Bench upon a supposition that he was to have the Priviledge by reason of a Priority of Suit in the Kings Bench and upon returne of the Habeas Corpus all this matter appeared unto the Court and it was moved by Sir Henry Mountague now Lord Chief Justice of the Kings Bench then one of the Serjeants of the King and Recorder of London that a Procedendo might be granted whereby the Major and Commonalty might proceed against him in the Court at London It being a customary Suit meerly grounded upon the custome of London But that was denied by Sir Edward Cook Chief Justice and the whole Court because by the Law Chamberlain having cause of Priviledge by reason of the Priority of Suit against him in the Kings Bench might not be re-manded but he was to answer in that Court Whereupon the Major and Commonalty did declare against him upon the said Obligation in the Kings Bench. Secondly it was moved that the action upon this obligation might be laid in some indifferent County and not in London forasmuch as the Trial there must be had by those that were Parties unto the Action it being brought by the Mayor and Commonalty But Sir Edward Cook and the Court would not upon this surmise take away the benefit which the Law giveth to every Plaintiff upon a transitory action wich is to lay it in whatsoever County he will And if there be any such cause as is surmised then after Plea pleaded he may make an allegation That the City of London is a County in it self and that all the Citizens there are Parties to the Action which is brought whereby there may not be an indifferent Trial. And upon this surmise the Court shall order the Trial to be in a Forreign County The which was done accordingly and so the matter proceeded The Case of the Merchant-Adventurers KIng Edward the third in the year of his reign by Letters Patents doth incorporate certain persons by the name of the Merchants-Adventurers of England and doth give power unto them to transport white Clothes into divers parts beyond the Seas restrayning them from carrying over Woolls The Merchants-Adventurers do trade beyond the Seas and continue the transposing of Clothes white until the 29. of August in the tenth year of his Majesties Reign that now is At which time the King by his Letters Pattents doth encorporate the Earl of Sussex late Lord Treasurer of England Sir Thomas Vavasour Sir Stephen Soam William Cockayn and others by the name of The Merchants Adventerers of the new trade of London with full power authority to transport dyed and dressed Cloths into divers parts beyond the Seas with a restraint prohibiting all the Old Merchants-Adventurers which did not joyn themselves unto this new Company to tranport any under the forfeiture of them and also inhibiting the New Merchants from transporting any Clothes but such as are died and dressed And after three years passed they having power during that time to transport 36000 white Clothes And there being a refusal of the Old Merchants Adventurers to surrender up their Patent The King bringeth a Quo Warranto against divers of the Merchants of the old Company by particular names to know by what Warrant they do without Licence of the King transport Clothes white undied and undressed beyond the Seas The Merchants upon the return of the Quo Warranto do make their appearance And an Information being exhibited gainst them by Sir Fr. Bacon Knight now Lord Chancellour of England and then Attorney General unto his Majesty cometh into the Kings Bench and moveth the Court that the old Merchants Adventurers might have a short day the next ensuing Term to answer unto the Information exhibited against them Insomuch that the new Company of Merchants Adventurers standing at a gaze as being uncertain of what validity the old Patent would be did slack to transplant the Diers and other Tradesmen out of the Low-Countries into England being necessary Instruments for the puting in Execution of this design because there were not here in England those that were able to Die and Dress in that manner that the Low-Country men did And so there was in the interim a stop of the current of Merchandizing with our Cloth the which being the principal Commodity that we had here in England the Fleece that causeth it may well and aptly have the term of The Golden Fleece and there being a stop made of the traffiquing and trading with these clothes it is as dangerous unto the Politique Body of the Commonwealth as the stop of a Vein could be to the natural Body for as by the stop of a Vein the Blood is debarred of his free passage and so of necessity there must be a Consumption by the continuance of it follow unto the body natural So traffique being the Blood which runneth in the Veins of the Commonwealth it cannot be but that the hinderance of it by any long continuance must breed a Consumption unto the State of the Commonwealth Wherefore to open this Vein which was as yet somewhat stopped and to give a more free passage unto the Blood he was a Suitor unto the Court on the behalf of the Company of the New Merchant-Adventurers that the Court would give expedition in this Case for they conceived that if this new design might take its full effect as it was intended it could not be but of necessity there must a great benefit redound to the Commonwealth For first Whereas our State groweth sick by reason of the many idle Persons which have not means to be set on work this Dying and Dressing of Cloths within our Kingdome would give sufficient imployment unto them all whereby there should be a cure to the lazy Leprosie which now overspreadeth our Commonwealth Secondly Whereas now we send out clothes White and the Low-Country-men receive them of us and Dye them and Dress them and afterwards transport them unto forreign parts making a wonderful benefit to themselves both in point of profit and likewise in respect of maintaining their Navy whereas if the Clothes were Died and Dressed by our selves we might reap that matter of gain and also be Masters of the Sea by strengthening our selves in our Shipping Thirdly Whereas there happeneth often a confiscation of all our Clothes and much disgrace and discredit lighteth upon our Nation and our Clothes by the abuse of the Low-Country-men in stretching them a greater length than they will well bear when they Dye and Dress them now it should be prevented when they should never have the fingering of them to put that abuse in practice Wherefore this Patent made by
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
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