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
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
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
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
come otherwise Process shall be 〈…〉 the Jury to come at the next Hust oâ— Pleas of â—ard by precept directed from the Major to the Sheriffs and the Sheriffs shall be ministers by commandement of the Major to serve the Writs and do the execution of the same albeit the original be directed to the Major and Sheriffs in common and you shall understand that as well the Tenants as Demandants may appoint their Attorneys in such Pleas. And if the Demandants plead against the Tenants in the nature of a Writ of Right and he parties come to a Jury upon the meer Right then shall the Jury be taken of twenty four in the nature of a grand Assize as alwayes the custome requireth that six of the Ward be of the Jury of twenty four And the Tenants in all such Writs may vouch to warrant within the said City and also in Forreign County if the Vouchers be not Tenants within the same City And if the Tenants in such Writs vouch to warrant in Forreign County In this Case Process cannot be made against the Voucher by the Law of the City Then shall the Record be brought before the Justices of the Common Pleas at the suit of the Demandant and then Process shall be made against the Vouchee And when the Voucher shall be ended in the same Court then all the Parol shall be sent back again into the Hust to proceed further in the Plea according to the custome of the City and certain Statutes And also if the Tenants in such Writ plead in Bar by release bearing date in Forreign County or Forreign matter be pleaded that it cannot be tryed within the City then the Defendant shall cause the Process to come into the Kings Court to try the matter there where it is alleadged as the matter is there found the proceeding shall be sent back again into the Hustings to proceed further therein as the Case requireth And all that time the Suit shall cease in the Hust as hath been heretofore And also it hath been heretofore accustomed that a man may say in Hastings of Pleas of Land to have execution of Judgement given in Hust in nature of Scirefacias without Writ And you must note that any such Summons made to the Tenants in a Writ of right Patent is made two or three days before such Hust or the Sunday next before the same Hust If Erroneous Judgement be given in the Hustings of London before the Major and Sheriffs it shall be reserved by Commission out of the Chancery directed to certain persons to examine the Record and Process If Erroneous Judgement be given before the Sheriffs in London the Defendant may sue a Writ of Error before the Mayor and Sheriffs in the Hustings Hustings of Common Pleas IN Hust of Common Pleas are pleadable Writs called Ex gravi querala to have execution of the Tenants out of Testaments which are enrolled of Record in the Hust Writs of Dower unde nihil habet Writs of Gavelets of Customes and Services instead of Cessavit Writs of Error of judgment given before the Sheriffs Writs of Waste Writs of Participatione faciend among partners Writs of Quid juris clamat per quae servitia and other the Writs which are closed directed to the Mayor and Sheriffs and also Replegiaries of for goods and distresses wrongfully taken These are pleadable before the Mayor and Sheriffs in these Hust of Common Pleas by plaint without Writ And not as before that the Sheriffs are Ministers to do the office of ferving these Writs and Replegiaries by the Majors Preceps directed to the same Sheriffs And the Process is thus FIrst in the Writ of Ex gravi querela warning before hand shall be given to the Tenants two or three dayes before the Hust or the Sunday be oâ—e as in Plea of Land And so shall be done of all other Summons touching the same Hust And if warning be given and testified by the Sheriffs or his Ministers the Tenants may not be essoyned and if the Tenants make default at the same warning testified then the Grand Cape shall be awarded And if they appear they may be essoyned at the view And hereupon all other Process are made plainly as is said in a Writ of Droit Patent in the Hust in a Plea of Land In a Writ of Dower unde nihil habet the Tenants shall have at the beginning three Summons and one Essoyn after the three Summons and after these shall have the view one Essoyn and the Tenant in such Writ of Dower shall have the view although they enter by the husband himself demanding the same albeit he died seized and also the Tenants may vouch to warranty and after be essoynâ—d after every appearance and all other Process shall be made as in a Writ of right in the Hust of Pleas of Land aforesaid And it the Demandant recover Dower against the Tenant by default â—o by judgement in Law in such Writ or Dower And the same wife of the Demandâ—nt alledgeth in Court of Record that her husband died seized Then the Major shall command â—he Sheriffs by Precept that they cause a Jury of the viâ—inity where the Tenants lâ—e against the next Hust of Common Pleas to enquire if the husband died seized and of the value of the â—enements and of the damages and 〈◊〉 recover by verdict the damages shall be enquiâ—ed by the same Jâ—y In a Writ of Gaviâ—et the Tenâ—nts shall have three 〈◊〉 and three Essoynes and they also shall have thaâ— view they may vouch to 〈…〉 and Forreign And they shall be essoyned and shall have other exceptions and all other Process shall be made as in a Writ of Right c. But if the Tenant make default after default then the Defendant shall have Judgement to recover and hold for a year and a day upon this condition that the Tenant may come within the same year and a day then next following and make agreement for the Arrearages and find Surety as the Court shall award to pay the rent or the services faithfully from thenceforth and shall have again his Tenements and within the same year and day the Tenant may come in Court by Scire fac and shall have again his Tenements doing as aforesaid and if the Tenant come not within the year and the day as is aforesaid then after the year and the day the Defendant shall have a Scire fac against the Tenant to come and answer whether he can say any thing why the Defendant ought not to recover the Tenements quite and clearly to him and his Heirs for ever and if the Tenant come not to shew what he can say then Judgement shall be given that the Defendant shall quite recover the Land for ever according to the Judgement called Shartford by custome of the same City In a Writ of waste process shall be made against the Tenants by Summons Attachment and distress according to the Statute in that behalf made
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
Apprentice to the Counter for their offences and if their offences be great as in defyling their Masters houses by vicious living or offending his Master by theft or dislander or such like then to command him to Newgate Apprentice enrolled his Master payeth two shillings six pence Apprentice set over he that receiveth two shillings Apprentice made Free he payeth four shillings Apprentice never Enrolled and made Free his Master payeth thirteen shillings two pence A man made Free by his Fathers Copy payeth eighteen pence A Proclamation made in the time of the Mayoralty of Sir Michael Dormer Knight An Act of Common Councel made in the Even of St. Michael Anno Regis Henrici Octavi 21. That no person should lay any Wares in the Street or beyond the edge of their Stall upon pain of forseirure the first time six shillings eight pence the second time thirteen shillings four pence and the third time the Ware so laid By an Act of Parliament in the 14. Car. 2. IT is enacted that all and every person that inhabiting within the Cities of London and Westminster Suburbs and Liberties thereof and Burrough of Southwark or in any the new built Streets Lanes ' Alleys and publick places before their respective Houses Buildings and Walls twice every week viz. Wednesday and Saturday and all the soile dirt and other filth shall cause to be caken up into Baskets Tubs or other Vessels ready for the Scavenger or other Officer to carry away upon pain of three shillings four pence for every offence or neglect respectively That no person whatsoever shall throw cast or lay or cause to be cast thrown or laid any Seacole-Ashes Dust Dirt or other Filth with the said Cities and places aforesaid in any place Street Lane or Alley before his her or their own dwelling Houses Buildings or Walls on the penalty of five shillings And it before the Houses Building c. of any of their Neighbours or other Inhabitants of the said Cities or places or before or against any Church Churchyard or any of his Majesties Houses Buildings or Walls or any other publick Houses Buildings c. or cast lay or throw c. into any common or publick Sink Vault Water-course Common-sewer or Highway within the Cities or places c. or any other private Vault or Sink of any of his Neighbours or other Inany Dust Ashes Filth Ordure or other noisome thing whatsoever but shall keep or cause the same to be kept in their respective houses c. until such time as the Raker Scavenger c. or other Officer do come by or near their houses or doors with his Cart Barrow or other thing used for the cleansing of the Streets and carrying away thereof And then shall carry the said Ashes Dust c. out of their houses and deliver it to the Raker Scavenger or Officer or otherwise put the same into his Cart c. upon pain to forfeit twenty shillings for every offence The respective Churehwardens House-keepers of Whitehall or other his Masties houses Housekeepers or Porters of Noblemens houses Ushers or Keepers of the Courts of Justice and all other publick houses and places respectively shall be liable to suffer the like penalties forfeitures and punishments for every like forementioned offences done or suffered to be done before any Church Churchyard or before any of his Majesties houses Noblemens houses Buildings or before any other publick houses or places whatsoever respectively No person shall hoop wash or cleanse any Pipe Barrel or other Cask or Vessel in any the Streets Lanes or other passages aforesaid nor set out any empty Coaches to make or mend or rough Timber or Stones to be sawn or wrought in the Street upon pain of twenty shillings for every offence The Rakers Scavengers and Officers hereunto appointed every day in the week except Sundays and other Holylayes shall bring Carts Dung-pots or other fitting Carriages into all the Streets within their respective Wards Parishes and Divisions where such Carts c. can pass and at or before their approach by Bell Clapper or otherwise shall make loud noise and give notice to the Inhabitants of their coming and so into every Court Alley or place where Carts can pass and abide or stay there a convenient time that all persons concerned may bring forth their respective Ashes Dust c. to the respective Carts c. All which the said Raker Scavengers or Officers shall carry away upon pain of forty shillings for every offence or neglect respectively All the open Streets Lanes and Alleys within the Cities and places aforesaid are to be sufficiently repaired and paved and kept paved and sufficiently repaired at the cost of the Housholders in the said Streets Lanes c. respectively viz. Every Housholder to repair and pave and keep repaired and paved the Streets and Lanes c. before his house unto the Channel or midle of the same Street or Lane c. upon pain of forfeit twenty shillings for every Rod and after that proportion for a less quantity for every default and twenty shillings a week for every week after till it be sufficiently paved and amended Provided such ancient Streets Lanes c. within the said Cities or either of them the Suburbs or Liberties thereof as by custome and usage have been repaired in other manner shall be hereafter repaired paved and amended in such sort by such persons as have used to repair pave and maintain the same under the penalties aforesaid Every Housholder within the said Cities and places aforesaid whose houses adjoyns unto or is next the Street from Michaelmas till our Lady-day yearly shall set or hang out Candles or Lights in Lanthorns or otherwise in some part of his house next the Street to enlighten the same for Passengers from such time as it shall grow dark until nine of the clock in the Evening upon pain of 1. sh for every default Every Justice of either Bench Baâ—on of the Exchequer and Justices of â—he Peace of London and Wistminster â—ave power on their own view or proof by one Witness upon Oath to convict persons offending against this Act and to dispose the penalties towards mending and cleansing the Strees if upon proof half to the party informing if uqon conviction by view then the whole to the repairing and cleansing the Streets or Wayes to be levied by Warrant from any Justice under his Hand and Seal directed to the Constable or other Officer of the same Parish by distress and sale of his Goods and for default if no Peer imprisonment until payment Within London and the Liberties thereof the Scavengers Rakers and such like Officers shall be elected and the Rates and Assesments for them for the cleansing of the Streets shall be rated raised and paid by the Parishioners and Inhabitants of every Parish and Precinct according to the ancient custome and usage of the City and all new Messuages Tenements and Houses shall be rated and assessed and pay proportionable with