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A33187 The City law shewing the customes, franchises, liberties, priviledges and immunities of the famous city of London : together with the names, natures, kinds, jurisdictions, powers, and proceedings of the severall courts within the same : as also the titles, qualities, advantages and profits of the severall offices in London and in whose dispose those offices are. 1658 (1658) Wing C4354; ESTC R24831 43,516 135

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do against the Ordinances aforesaid c. Item Of Male-factors the Mayor and Aldermen have alwayes used to cause to come before them the Malefactors which have been taken and arrested within the said City for carrying of tales and spreading abroad of newes imagined in disturbance of the peace makers and counterfeiters of falle Seales false Charters and for other notorious defects and those which they have found culpable of such misdeeds by confession of the parties or by enquest thereof made shall be punished by setting in the pillory or further chastised by imprisonment according to their merit and according to the reasonable discretion of the said Mayor and Aldermen Item Of change of proces and abbreviating of delayes the Mayor and Aldermen may by usage of the said City change proces and abridge delayes in actions personal as well before themselves and in the Sheriffes Court and make new Ordinances such personal pleas the which Ordinances they conceive to be reasonable profitable to the people Item That the City of London is held of our Soveraign Lord the King in free burgage it is to be understood that all the city of London is held of our Lord the King in free burgage and without mesne And all the Lands and Tenements Rents and services within the said city and the Suburbs thereof as well in rendition as in demeasne are devisable by usage of the said city So that men and women by usage of the said city may devise their tenements rents and reversions within the said City and Suburbs thereof to whom they will and of what estate they will And may also devise a new rent to rise from their tenements in manner as they like best And those which are free-men of the same City may devise their tenements in mortmain as appeareth by the Charter of the king thereof made Item That infants within age nor woman covert qaron may not dewise He that holdeth tenements with others may devise that which to him helongeth without more adoe But Infants within age may not make a devise nor women covert may not devise their tenements by license of their husbands nor in other manner during the coverture Item That a man cannot devise his tenements to his wife but for terme of life the husband may not devise his tenements to his wife for a higher estate then for terme of life and the wife cannot claime other estate upon pain to lofe the whole Neither may the husband devise the tenements descended to his wife nor the tenements which the husband and the wife have joyntly purchased But if the husband and the wife have tenements joyntly to them and to the heirs of the husband the husband may devise the reversion All testaments by which any tenements be devised may be inrolled in the Hastings of Record at the suite of any which may take advantage by the same testaments And the restaments which ought so to be enrolled shall be brought before the Mayor and Aldermen in full Hasting and there shall the said testaments be proclaimed by the Serjeant and the same also to be proved by two discreet men well known the which shall be sworn and examined of all the circumstances of the said Testaments and of the estate of the Testator and of his seale and if the proofe be found good and loyall and agreeable then shall the said Tastament be inrolled in the same hastings of record and the Fee shall be payed for the enrolment and no Testament nuncupative nor other Testaments may be inrolled of record except that the seale of the Testator be put to the same Tastament Testaments Nuncupative But the Testaments that may be found good and loyall are effectuall although they be not enrolled nor of record Item Of testaments defective yet effectuall The testament within the said City ought by custome of the same City to be adjudged effectuall and executory having regard to the Testators wills although that the words of such testaments be defective and not according to the common Law Item Of Rent devised by testament where a reversion or rent be devised by testaments enrolled of record in the Hastings the same reversions and rents Passe presently after the death of the Testator so as those to whome such rents be devised may distreine for their rents and make avoury and those in reversion may sue a Writ of waste at their will without other attournment of the Tenants And they may plead for the same enrolments if need be although they have not the saidtestaments in hand and the same Custome holdeth place of Charters Indentures and other writings inroled in Hastings of REcord and such inrolements have alwaies beene used so that the testaments be proclaimed and proved in full Hastings as aforesaid And the Charters Indentures and other writings ensealed may be accepted And the conusances and confessions of women have beene received before the Mayor and one Alderman or before the Recorder and one Alderman or before two Aldermen for necessity as well out of the Court as in So that the same Charters Indentures other Writings so acknowledged be after entred and enrolled in some of the Hasting sand the Fees thereof paid as the manner is Item Rent devised without clause of distress where a man hath devised by his Testament enrolled a certaine Rent to arise out of his Tenements within the said City without clause of distresse yet by usage of the City he to whome the devise is made may distraine and avow the taking if the rent be behind And in the same manner shall be done of all ancient rents called Quit rents within the same City Item Of Orphans The Mayor and Aldermen that are for the time by custome of the City shall have the Wardship and Marriages of all the Orphans of the said City after the death of their Ancestours although the same Ancestors do hold to them and the City of any other Lord by what service soever And the same Mayor and Alderought to enquire of all the Lands and Tenements Goods end Chattles within the said City appertaining to such Orphans and safely keep them to the use and profit of such Orphans or otherwise commit the same Orphans together with their Lands and Tenements Goods and Chattles to other their friends by sufficient Surety found of record in the Chamber of Guild Hall to maintaine conveniently the said Orphans during their nonage their Lands and Tenements to repayre the said Goods and Chattles safely to keep and thereof to render a good and loyall accompt before the said Mayor Aldermen to the profit of the same Infants when they shall come to their age or when they shall be put to a mystery or shall marry by the advice of the said Major and Aldermen And that in all cases except that it be otherwise ordaind and disposed for the same Orphans or for their Lands and Tenements Goods and Chattles
and customes and that by a Statute made after the last Eyre and to put their franchises and customes in certain which things no man can remember May it please your Majesty to command all the said Justices that they be ordered in point of challenge of their said franchises and customes as they were wont anciently to be ordred in other Eyres before the Statute and that by no Statute repugnant to their said franchises and customes they be bound or deprived of their Franchises and ancient customes and thereupon a Writ was sent to the Justices to surcease Whereas in time past A Writ to surcase there arose by some a matter of doubt of and upon the most ancient custome had and used in the city of London An ancient custome in the city of London for tenants for fixing goods of those things which by tenants for terme of life or for yeares were fixed to the houses without speciall licence of the Lord of the Soyl whether they should remaine to the Lords of the Soyle as parcell of the same or whether it should be lawful for such Tenants at the end of their tearme all such things that be fixed to remove Whereupon ancient Books being viewed and many Records searched and ancient proceedings and Judgments of the said city It was declared by the Mayor and Aldermen That by the old prescript custome of the aforesaid city That every of the said kinds of easments fixed to houses or to the ground by such kind of Tenants without speciall and expresse licence of the Lord of the Soyle if they be fixed with nailes of Iron or of wood as Pantises Glasse Locks Benches or such like or if they be affixed with Lime or clay commonly called Morter as Fornace Lead Candirons Chimneyes Corbels Pavements and such other or else if Plants they be rooted in the ground as Vines Trees Orchards c. It shall not be lawfull for such Tenants at the end of there Termes or at any time to pluck down remove or root out them or any part of the premises by any meanes but they alwayes remain to the Lord of the Soyle as parcell of the same Soyle or Tenements Mustings c. It is to be understood that all the Lands and Tenements Rents and Services within the city of London and in the Suburbs thereof are pleadable at Guild-Hall within the same city in two Hustings whereof the one Husting is called Husting of Plea of Land and the other Hasting is called Husting of Common-Pleas And the which Hustings are held in the said Guild-hall before the Mayor Sheriffes and Aldermen of the said city every weeke the dayes Munday and Tuesday viz. On the Munday to demand the demaudauts and to award nonsuites to allow essoynes and the Tuesday to award the default and to plead Writs of right Pattents But for certaine times no Hastings may be held by the custome of the city afore said viz. Husting of plea of Land ought to be held a week by it selfe at the aforesaid dayes But the enrolments and titles of the said Hustings make mention of Munday only Writs of Right Pattents In Husting of Plea of Land are pleaded Writs of Right Pattents directed to the Mayor and Sheriffes of London which Writs have this processe by custome of the city viz The Tenant or Tenants shall first have three summons at the cenements demanded at three Hustings of Plev of Land next ensuing after the livery of the Writ and of the Hustings without demanding the tenements at any aforesaid And after the three summons ended three essoynes at three other Hustings of Plea of Land then next ensuing and at the next ensuing after the third essoyne and the Tenants making default processe shall be made against them by a grand cape or petit cape after the appearance and other processe at the common law And if the Tenants shall appeare the demandants shall count against the Tenants in the nature of what Writ they will except certain Writs which are pleadable in Husting of common-Pleas as shall be declared afterward without making protestation to see in the nature of any writ And the Tenants shall have the view and shall be essoyned after the view as at the common-law And the Tenant shall have an essoyne after every appearance by custome of the City And although that such a writ be abated after the view by exception of joint-tenancie or other exception dilatory and other such Writ be revived the tenants by the custome of the City shall have the view in the second Writ notwithstanding the view before had And if the parties plead to judgment the judgment shall be pronounced by their Recorders mouth and six Aldermen were wont to be present at the least at the giving of every such judgment And every Bedell of the City by the advice of his Aldermen The Jurors summoned against every Hustings of Plea of Land shall summon 12. men Free-holders being the best and most sufficient of his Ward to come to Guild hall for to passe in an Enquest if there be need for the rest of the free-holders in the said Ward And if the parties plead and discend to an Enquest then shall the Enquest be taken of the people inheritors haveing at the least frankten ement of the same Ward where the Tenements are and other three wards next to the place where the Tenements are so that foure sufficient men of the same Ward where the Tenements are shall be sworne in the same Enquest if there be so many And no dammages by custome of the City are recoverable in any such Writ of Right Pattent And the Enquest may passe the same day by such common summons of the Beadell if the parties be at issue and the Jurors come And otherwise processe shall be made to cause the Enquest to come at another Hasting of Plea of Land ensuing by precept of the Mayor directed to the Sheriffes And the Sheriffes shall be ministers by the commandement of the Mayor to serve the writs and to make execution thereof Notwithstanding that the originall writ be directed to the Mayor and Sheriffes joyntly And it is to be understood that as well the Tenants as the Demandants may make their Attornies in such Pleas. And if the Demandants count against those Tenants in the nature of a Writ of right and the parties discend to an enquest upon the meereright then shall the enquest be taken of 34. in the nature of a grand assize according as the custome requires so that alwayes six be of the Ward where the Tenements be if there be so many of the same ward empannelled in the Enquest of 24. Vouching to warranty And the Tenants in all such writs may vouch to warranty within the said City and also in a forreign county if the Vouches haue no tenements within the City And if the Tenants in such writs do vouch to warranty in a forreign County in which case processe may not be made
by expresse words contained in the Testaments of their Ancestors And no such Orphans ought to be marryed without the assent of the said Mayor and Aldermen To marry by the assent of the Mayor And also where Lands or Tenements Goods and Chattles within the said City are divised to an Infant within age of one City or of the same City living his Father that such an Infant is no Orphan yet by usage of the said City the said Lands and Tenements Goods and Chattles shall be in the custody of the Mayor and Aldermen aswell as of the Orphans to maintaine and keep them to the use and profit of the same Infant except that the Father of the infant or some other of his friends will find sufficient surety of record to maintaine and keep the said Lands and Tenements Goods and Chattles to the use and profit of the said Infant and thereof to render a good and loyall accompt as is aforesaid And it is to be understood That the goods of the testator shall be parted into three parts that where a Cityzen of the same City hath a wife and children and dyes all the goods and chattles of the said party deceased after his debts be paid shall be divided into three parts whereof one shall remaine to the dead and shall be destributed for his Souls benefit and the other part shall be to his wife and the third part to his children to be equally shared betweene them notwithstanding any Will made to the contrary And therefore as well the wife as the children may have their recovery and suit to demand such goods and chattles against the Executors or other Possessors of the said goods and chattles before the said Mayor and Aldermen by Bill Item By ancient custome of the said City That No Forreigner shall sel Victual or other Marchandize to any other forreigner by retayle it was not lawfull for any Stranger or Forreigner to sell victuall nor other Marchandize to any other Stranger or Forreigner within the same City to sell again nor for any such Stranger or Forreigner to sell victuall or other Merchandize within the City by retayle Item By ancient custome of the said City of London the Citizens Ministers of the same City ought to obey no Commandement nor no Seale but only the commands and immediate Seale of our Lord the King Nor ought any Officer of our Lord the King to make seisure or any execution within the said City nor within the Franchize thereof by Land or by Water but onely the officers of the said City Item Of a Writ of Errour Of Judgements given in the Sheriffs Court in actions personall or in Assizes taken before the Sheriffs and Coroner by custome of the said City the parties against whom such Judgments are given may sue a writ of Errour directed to the Mayor and Sheriffes to reverse the said Judgment in the Hasting if the Judgment be reversible And although such judgments be affirmed in the Hasting yet the same party may sue another Writ of Errour directed to the Mayor and Sheriffes to cause to bring the Record and Proces before the Justices assigned at St. Martins the Great as it hath been done heretofore But if any party by such judgment given before the said Sheriffs be convict in debt or in dammage and for that cause be committed to prison untill he hath made agreement and after pursue a Writ of Errour to reverse the judgment in the Hasting or although the Judgment be affirmed at the Hasting the said parties will sue another Writ of Errour to reverse the same Judgment before the Justices assigned at St. Martins the great as afore is said Yet not withstanding the same party which is so imprisoned ought not to be delivered out of prison hy ancient custome of the City by reason of such a Writ of Errour before that he hath found sufficient surety within the said City or put the money in the hands of the Court to pay him that shall recover or in case that the said Judgment be afterward affirmed And in case that such a Writ of Errour be sued to reverse any Judgment given in Hasting before the Justices assigned at St. Martins the Great and it be commanded by Writ to warn the parties and to cause them to bring the Record and Proces before the same Justices then shall the parties be warned as the Law requires But no Record shall be brought before the said Justices in writing by custome of the City but the Mayor and Aldermen shall have forty dayes respit assigned by the same Justices after their first Session there to be advised of the said Record of the Proces thereof and at first Session of the Justices after the forty dayes the said record and processe shall be recorded before the same Justices by the mouth of the Recorder of the said City or tenus And of Judgments given before the Mayor and Aldermen in the Chamber of Guild-Hall according to the Law of Merchants no Errour was ever writ to be sued Item By ancient custome of the City all the Liberties Priviledges and other Customes pertaining to the same City ought to be recorded by mouth without being put in any other manner in writing Item The Citizens of London by custome of the City ought not to go out of the City by writ or other manner to passe in any Enquest Item Of not putting Citizens in Enquest out of the city Wives after the death of their husbands by custome of the City shall have their free bankes that is to say the wife after the death of her husband shall have of the tenement within the City whereof her husband dyed seised in fee and in which tenement the said husband and she were remaining together at the time of the death of her husband the Hall the principall chamber and the celler wholly and her easement in the Kitchin the chiefe table and curtilage in common or other necessaries to her appertaining for terme of her life And at what houre that she shall marry she shall lose the free bank and her dower thereof saving to her the dower of her other tenements as the Law requires Item Every Free-man using a Mystery may by usage of the same City take an Apprentice to serve him and to learne his Art and Mystery and that by Indentures that shall be made between him and his said Apprentice The which Indentures shall be examined and enrolled of record before the Chamberlaine of Guild-Hall And such Apprentice may bind himselfe or his friends may put him to his Master by their Indentures if he be of convenient age according to the discretion of the Chamberlain or of the Mayor and Aldermen if need be And no Apprentice by custome of the City may be put for lesse terme then 7. yeares and the Indentures ought to be enrolled within one year after the making thereof under a certain pain therefore limited and after such Apprentice
assizes shal be made by the Sheriffes their Ministers or by the Mayor and Aldermen if any of the parties shall come to demand upon reasonable cause in manner as the use is in assizes of fresh force And in such assizes of Mortdancestor the parties may be essoyned as at the Common-law and the tenants may vouch to warranty within the said City and also in a forraign County if the Vouchee have no tenements within the City And if the tenants plead a Release bearing date in a forraign County or other forreign matter that may not be tryed within the City or that they vouch to warranty in a forraign County him that hath nothing within the City then at the suit of the party the Record shall be brought in the Court of our Lord the King by a writ delivered to the Sheriffes and Coroner and there shall such forreign pleas and forreign voucher be tryed and determined and after sent back to the said Sheriffes and Coroner to goe forward and proceed according to the custome of the City And continuance shall be made in such assizes upon the causes aforesaid and upon other reasonable causes And when the Assizes shall be determined Judgment ought to be given then the same Assizes shall be engrossed and entred of record by the said Sheriffes and Coroner and after sent to Guild hall to remaine there of Record in manner as the Assizes of fresh force ought to be The City of London A custome that free-men of the City of London may bequeath their tenements of which they were solelyscized is an ancient City of our Lord the King that now is and of his Progenitors In which City such a Custome is held and where of the time is not to the contrary hath been held that every Freeman of the aforesaid city being soly seized of any Lands or Tenements within the aforesaid City by all the time aforesaid might and may bequeath such his Temements to any person or persons it likes him best as well secular as religious in see-taile or for terme of his life c. Item Assizes of novell desseisin called fresh force of lands and tenements and rents within the City of London of desseisins made within 40 weekes are held and are determinable before the two Sheriffes and the Coroner of the said City in common every Saturday in Guild-hall except certain times that the assizes may not be held for reasonable causes and therein the processe in this manner viz. When any man is agrieved and disseised of his Freehold within the City or Suburbs thereof he shall come to any husting held at Guild-hall or for want of the husting to the Chamber of Guild-hall to the congregation of the Mayor and Aldermen any Munday and there shall make a Bill and the Bill shall be thus A. of D. complaines of intrusion against C. of E. of his free tenement in such a Parish of London or in such a Parish in the Suburbs of London And the same Bill shall be enrolled and thereupon another Bill shall be made containing the whole matter of the former Bill by the common Clerke of the City making mention of the title of the husting or of the day of the Congregation of the Mayor and Aldermen And that Bill shall be delivered to the Sheriffe or to one of them to make processe and doe right to the parties And then ought the Bill to be served the Wedensday next ensuing viz. The Sheriffes Officer to whom the Bill is delivered shall summon the tenant or the tenants mentioned in the said Bill of assize by the view of two Freemen of the City and that at the tenements where the disseisin is made or at the tenee ments where out the Rent is supposed to be issuing and it shall be said there to the tenants that they keep their day at Guild-hall the Satturday then next ensuing at their perill And the names of the two summoners shall be endorsed upon the Bill and then the Plaintiffe may sue to array the assise and summon the Jurors against that Satturday or against other Satturdayes after at his will And so may the tenants sue for their deliverance if they will and such summons shall be made the Fryday before the satturday And the arraynments at the perils of the Jurors shall be made by the Sheriffes or their Officers or by the Mayor and Aldermen if any of the parties upon a reasonable cause will pray the same And afterward the same assises shall be pleaded and ruled for the most part also as it otherwise at the common-law And if a Release bearing date in a forraign County Bastardy or other forraign matter which cannot be tryed within the said City be pleaded in such assizes then else Plaintisse may sue to cause the Record to be brought to the Court of our Lord the King to try the matter there as the case requires and when the matter shall be determined in the Kings Court all the processe shall be sent back to the said Sheriffes and Coroner or to their Successors or to proceed forward according to the custome of the City in manner as it hath been heretofore And it is to be understood That no discontent is within the City of assizes c. that there hath not been any discontinuance in such assises neither is there any mention made in the Record of the dayes between the assize brought and the day that the assize shall be taken or Judgment given if it be not for a necessary cause or that such assizes be taken before the Sheriffes and Coroner as is aforesaid and Judgment be thereof given then shall such assizes determined be entred of Record and after shall be brought into the Chamber of Guildhall to remaine there in the Treasury as of Record And it is to be understood that a man may not enter into any tenements within the said City by force nor hold any tenements by force and armes in disturbance of the peace c. Imprimis It is to be understood Of the Sherisss Court that the Sheriffes holds the Courts of our Lord the King before them in the Guild-hall of London and pleas of debt of any summe whatsoever and of all actions personals at the suit of the parties And each of the said Sheriffes holds his Court at Guildhall by himselfe severally and that by vertue of the plaints and quarrels made before the one and the other of the same Sheriffes as well in their Countors as at Guildhall according to the custome of the aforesaid City And every of the said Sheriffes use to hold by himself two generall Courts in the week and every day for the deliverance of forraigners strangers if need be if they be not let by Festivall dayes or other reasonable causes Item The Clarkes and Officers of the said Sheriffes presently upon the plaints made use to award a capias or other processe against the Defendants by the testimonies of the Sergeants of the
of the said City and of the merchandizing towne where the contract is supposed to this intent that such merchants may have notice of the same contract Item Of the same The Sheriffes of London have alwaies used to hold pleas before them betweene what merchants soever where both parties are Merchants of all bargaines and personall contracts which touchcing merchandize made beyond Sea at the merchandizing town or place merchandizable where the bargaines and contracts are made by expresse words upon payment or delivery of the merchandize or to render account within the said City of London And in such a case if the parties discend to an issue of Enquest then shal the Enquest be taken of men remayning within the same City viz. of Merchants travelling that use to passe over the Sea which best may have knowledge of the aforesaid bargaines and contracts And if any forraigne Merchant and Alien be party to the plea and such enquest be to be taken then the Merchant Alien shall have the moity of the Enquest of his own Country men Which withdraw them selves out of the City c. Item If a plaint of debt be made and it is testified by the Minister that the defendant is not resiant within the City that he hath absented himself and carryed away his goods And it is testified that he hath lands or tenements within the City then at the pursuit of the plaintiffe the plaintiffe ought to hold them by the same extent untill he be satisfied of his money due unto him finding sureties to uphold the tenements conveniently and also to repay the defendant the money received in the mean time if it be so that the same defendant come in Court of Record within a yeare and a day after the delivery made and can discharge himself that he oweth nothing to the plaintiffe Item Examination in a plea Personall The Sheriffes use to examine the parties in all actions personall depending before them if any of the parties desire the same and to proceed to judgment according as it is found by examination Item Where any personall action is depending before either of the said Sheriffes Of the same and some matter is alledged by the defendant in barre of the action or a thing materiall to delay the plaintiffe And if the plaintiffe puts himself upon the oath of the defendant peremptorily that the plea or the exception given by the same defendant is not true then the said defendant if he be in Court or if he be resiant within the City that he may conveniently come by the discretion of the Court then he shall make his oath that his plea or exception that he hath given is good true And if he come and refuse to make such an oath then he shall be held as convict in the cause and thereupon the plaintiffe shall recover that which lyeth in demand according as it may be found by examination of the plaintiffe or by enquest of office if need be And if he make the oath the plaintiffe shall be outed of his suit or action if he for his part will not swear that the suite or other matter alledged by him is not good and true And if such an oath be required of the plaintiffe and the plaintiffe take the oath he shall recover by the same oath if the exception be materiall and so are such oaths peremptory of the one part and of the other according to the matter of the Exceptions Item Of default after mayn prise If a man be arrested by a plaint of debt or by other personall action and find surety to be ready at the next Court before the Sheriffes to answer to the Party At which Court although the defendant be demanded in convenient time to come and save his maynprise and he make default and the default be recorded yet if the same defendant come sitting the same Court he shall be received to plead saving that in such a case he shall lose the advantage of his Law-wager although he might have had his law if he had come in time Item Of amending Bills Where parties appeare in the Sheriffes Court the usage is that the Plaintiffes may amend their plaints and their Bills before that the said parties be at issue or plead to judgment in Court of Record Item Acton of account In an action of account before the Sheriffes the plaintiffe by usage of the City may not count that the defendant was his Bayliffe in any case but Receiver of his money or of his goods Item An action of account is maintainable by usage against a woman sole and against Infants within age if they be Merchants or if they keepe common shops of trade or of Merchandize And actions of debt in the same manner of that which toucheth their trade or their merchandizes Item Of plaints removed out of the Shrieffes courts Where pleas are depending before the Sheriffs the usage is alwayes that the Mayor of London that is for the time may send to the Sheriffes to cause the complaint and the processe to be brought before him and their Aldermen to determine and discusse the same complaint before them or to send back the said complaint before the same Sheriffes further to proceed in the said processe according to that which the Mayor and Aldermen shall see fitting to be done and to command the Sheriffes to surcease at their wills Item Where the debtor shall be arrested before the day conteined in the obligatio Of fugitives When a debtor is bound within the said city by obligation in a certain summe to pay at a certaine day to come the which debtor was held sufficient at the time when he was bound and after is become fugitive or not sufficient then if the creditor come before the Mayor and Sheriffes of the said City making such a suggestion and hath with him six or foure credible men of the same City that will truly testifie that the debtor will withdraw and convey his goods out of the City or that he is not sufficient to make payment then the Mayor or one of the Sheriffs before whom the suggestion is made useth to arrest the debtor although the day contained within the obligation be not yet come and to keepe the same debtor in prison untill the day of payment be come or otherwise that he shall find pledges to attend at the same day and so to arrest for Houshire before the day Houshire if the tenant be fugitive Item To arrest a debtor without a sergeant If a Freeman of the City find his debtor suddenly within the same City which debtor hath absented himself before or that he be sugitive and the which debtor will escape away before that the creditor can have an officer the usage is in such a case that the Freeman himselfe with ayd of his neighbors without other officer may arrest his debtor and carry him to the office of one of
Defendant will verifie that the said Iohn Batemanson in the narration and plaint aforesaid nominated and the said I. B. in the said Record before the said I. H. Chamberlaine nominated are one and the same person and not divers and as wel by the name of I. B. as by the name of I. B. alwaies hitherto knowne called and so he saith c. And the said Defendant saith that he is a Freeman of the said City of London by his Apprenticeship according to the custome All and every which matters he the said defendant is ready to verifie as the Court c. and demandeth that if the aforesaid defendant c. The King to his well-beloved and faithfull William Merre Adam of Shopenhange and to Walter of Padenham assigned for the assessing of the tallage or customes within Our Cities Burroughes and Demesnes within the County of Oxon greeting OUR Citizens and Merchants of Our City of London In the white book the 3. part of the 3. booke fol. 50. have shewed to us That whereas some of them have used to be brought divers their goods and merchandizes from London unto Henley in the County aforesaid there to be sold upon Market dayes and with them to trade from week to week And that some of them buy divers Goods and Merchandizes in the parts there adjoyning to be brought to London for their profit to be made thereby And they hier little houses and places in the said towne of Henley from terme to terme as well for the aforesaid goods and Merchandizes brought thither to be laid up untill they may conveniently sel the same As also for the aforesaid goods and merchandizes brought there in the said parts to be laid up untill conveniently they may carry the same from thence And any certaine houses or Lands or Tenements there they have not neither make they any abode in the same place neither are they in Scot and Lot with the men of the same towne Yea neverthelesse Ye by occasion of such their houses places and goods and their merchandize so put in the same doe thereupon very unjustly distreine them the said Citizens and Merchants to pay Tallage for Custome as if they had their Houses and Lands and tenemants and made their continuall abode or were in Scot and Lot with the said men to the great damage and burden of the said Cityzens and Merchants And because it is not agreeable to Right that Our said Citizens and Merchants in the said case should be taxed with the men aforesaid especially seeing that they may freely exercize their Merchandizes throughout all Our Kingdom c. are taxed for their Merchandizes in Our City aforesaid with their fellow Citizens there as often as any tallage or custome shall happen to be assessed upon the commonality of that City We command you that you do not assesse them our said Merchants and Citizens with the men aforesaid in the case aforesaid But that you suffet them in this behalf to be in peace so long notwithstanding as there shall not be other cause wherefore they ought to be seized there Witnesse my Selfe at Westminster the XIII Day of February in the VI. Yeare of Our Reigne Item In the same booke the 4. part fol. 6. B. side For driving of Carts That no Carter within the Franchize drive his Cart any faster when it is empty then when it is laden for eschewing of divers perills and grievances upon paine of forty Pence to the Chamber and his body to prison at the will of the Mayor Item In the same booke the 4. part sol 6. B. side For that the course of water of Thames which wholy appertaineth to the City is greatly disturbed by the purpresture of the keyes and other adjesments made in the said water to the great perill and damage of the whole City And for the eschewing of greater perils and damages in time to come It is ordayned by the Mayor and Aldermen with the assent of the Commons That hereafter no purpresture shall be made by the making of Keyes nor in any other manner upon the water of Thames without view of the Mayor and Aldermen and Commons and unlesse their opinions and Judgments be that such purpressture will not be unto the danger or hinderance of the City A TABLE OF Sundry Offices and Rooms in the City of London within the Lord Mayors guift ALvegers Searchers and Sealers of Woollen Cloath Attorny ship in the Sheriffs Court Baker of the Bridge-house Bayliffe of the hundred of Osalston Baliwick of Southwark Beadelship of the Court of Request Bell man Clarkship of the Lord Mayors Court Clarkship of the Papers Clarkeship of the Chamber Clarkeship of the Counters Clarkeship of the Bridghouse Clarkeships of the works and Reparationstuffe Clarkeships of the Court of Request Clarkeship of the Commssioners for the enlargement of Prisoners in execution in the Counters Clarke of Bridwell Clarkeship of Blackwell Hall Clarkeship of the Commssioners for inlargement of Prisoners in the Kings Bench. Common Sarientship Common Pleaders Common Hunt Common Cryers Common Controler Comptroler of the Chamber Collector of Scavage Collectors of Wheeleadge on Loudon Bridg. Conduit at Dowgate drawing Water Forrintaker Gauger of Wines and Oyle Keeper of Blackwell Hall Keeper of the Storehouse in Blackwell Hall Keeper of Worsted Hall Keeper of Bay Hall Keeper of the Conduit at Newgate Keeper-ship of Ludgate Keeper-ship of Newgate Keeper ship of the Counters Keeper of the Counters in Southwark Keeper of Bothlen Keeper of the Sessions house Keeper cleane of the Market and Market house in Newgate Marketand Collectors of duties there Keeper of the New-buriall place Keepers of the Wood and Coles for the poor in severall places Measurage of Silks Cloth Linnen Meate Weighers Measurage of Cottons Mesurage of Bayes Packer ship Prothonotoriship Portership of Blackwell Hall Portership of the Bridg house Remembrancer Renter-ship of the Bridge house Renter-ship of Finsbury Sword bearer Second biriship Solicytor ship 3 Sergeant Carvers 3 Sergeants of the Chamber Sergeant of the Channel Stewardship of Sonth wark Stewardship of Finsbury Towne Clarke ship Under Sherifewick Under Water Bayley Weigher of Raw silkes Water Bayly 2 Yeomen of the Chamber 4 Yeomen of the Water-side Yeomen of the Channell 6 Young men PROFITS TO Be received by the Lord Mayor yearly and other Profits arising otherwise Scavage IT appeareth by severall Acts of Court of the Lord Mayor and Aldermen one taken Anno. 4. E. 4. another taken Anno 6. E. 4. by an Act of Parliament 19. H. 7. Cap. 8. and by other Acts of Court and by continuall usage that the Moity of the Profits of the Office of Collection of Scavage is due to the Lord Mayor Measurage of Linnen Cloth and Silke Item There is yearly due and paid to the Lord Maior of the Profits of the Officers of Measurage of Linnen Cloth and Silk which is collected by vertue of an Act of common-Councell made An. 4.5 P. M. 1. l. Item By vertue of an Act of Common-Councell made Anno 4.5 Pet. M. and of Orders of Court Anno 4.5 Pet. M. there is to be paid to the Lord Mayor toward the Feast kept at Guild-hall 1. l. Item There is paid yearly out of the Chamber in respect of Waxherrings and Scurgion which was wont to be yeilded to him by the Marchants of the Still-yard 5. l. 5. s. 8. d. Wines Item Paid by the Chamberlain yearly in respect of 4 Tons of Wine sometimes allowed to the Lord Maior to cause his right of making six Free-men in his yeare 80. l. Major Sheriffes Presenting Mr. Sheriffe at the 18.16.8 d. Exchequer 18.16.8 d. Packer yearly per annum 100. marks Cole-Meators Cole Meators yearly 10 l. a piece and since this rate appointed these places yeeld a greater sum 7 eild per annum 80. l. a piece 3. per an 10. l. a piece 3. The two last of the ancientest are to be disposed for the Profit of the chamber 7 eild per annum 80. l. a piece 3. per an 10. l. a piece 3. Gawning Gawning besides the Rent to the Chamber The Escheatership for London The Escheatership for Southwark The profit of the office of the Cockets Reversion of five offices to be granted yearly at the request of the Lord Mayor to have one of them which shall first fall or of foure the Clarkship of the Lord Moyors Court apart by it self to be granted to one of the Under-clarks serving in the same Court after he shall have served there seven yeares The Clarkship of the Court of Conscience to be granted to the under-clark of the Lord Mayors Court 180. l. FINIS