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
shall take or receive any manner of Fine or Fines for the concealment and discharging of any of the offences afore recited but truly present the same offences and every of them according to their Oaths upon pain of imprisonment by the discretion of the Lord Mayor and Aldermen of the said City for the time being Provided always and be it enacted by the authority aforesaid that it shall be lawful for all and every of the said Inquests to take and receive towards the charges of their Fire and Candles and other necessaries during the time of their said Session all and every such sums of money as any honest person or persons of their free will and benevolent mind will give and offer unto them and when they have made their said presentments to go and assemble themselves together for their Recreation and solace where they shall think it good and there not only to bestow and spend the twenty shillings which every Alderman within his Ward according to a certain Order lately taken shall yearly give unto them at the time of the delivery of their said Presentments towards their said charges in this behalf but also the residue of the said money received and gathered as it is aforesaid of the Benevolence of their said loving Friends if any such residue shall fortune to remain Any clause or Article in this present Act contained to the contrary notwithstanding Not failing hereof as ye tender the Common Weal of this City and advancement of good Justice and as ye will answer for the contrary at your uttermost peril The Articles of the charge of the Ward-mote Inquest 1. YE shall swear that ye shall truly inquire if the Peace of the King our Soveraign Lord be not kept as it ought to be and in whose default and by whom it is broken or disturbed 2. Also if there dwell any man within the Ward that is outlawed or indited of Treason or Fellony or be any receiver of Traitors or Fellons 3. Also ye shall inquire and truly present all the offences and defaults done by any person or persons within the River of Thames according to the intent and purport of an Act made by our late Soveraign Lord King Edward the sixth in his high Court of Parliament and also of divers other things ordained by Act of Common Councel of this City for the redress and amendment of the said River which as now is in great decay and ruine and will be in short time past all remedy if high and substantial provision and great help be not had with all speed and diligence possible as more plainly appeareth in the said Act of Parliament and the said Act of Common Councel of this City 4. Also if any manner of person make Congregation or be Receiver or Garherer of evil companies 5. Also if any man be a common Riotor or a Barrator walking by Nightertale without light against the rule and custome of this City 6. Also if there be any man within this Ward that will not help aid ne succour the Constables Beadle and other Ministers of this City in keeping of the Peace and Arrest the evil dooers with rearing of Hue and Cry 7. Also if there be any Huckster of Ale and Beer that commonly useth to receive any Apprentices Servants Artificers or Labourers that commonly use to play at the Dice Cards or Tables contrary to the form of the Statute in that Case ordained and provided 8. Also if there be any Inholder Taverner Brewer Huckster or other Victualer that hold open their Houses after the hour limited by the Mayor 9. Also if any Parish Clark do ring the Bell called the Curfue Bell after Curfue rungen at the Churches of Bow Barking Church Saint Brides and Saint Gile's without Cripplegate 10. Also ye shall inquire if any Putour that is to say Man-baud or Woman-baud common Hazerdours Contectour maintainer of Quarrels Champartours or Embracers of Inquests or other common misdoers be dwelling within this Ward and present their Names 11. Also if any Baud common Strumpet common Adulterer Witch or common Scold be dwelling within this Ward 12. Also if there be any House wherein is kept and holden any Hot-house or Sweating-house for ease and health of men to the which be resorting or conversant any Strumpers or women of evil Name or Fame or if there be any Hothouse or Sweating ordained for women to the which is any common recourse of young men or other persons of evil fame and suspect conditions 13. Also if there be any such persons that keep or hold any such Hot-houses either for men or women and have found no surety to the Chamberlain for their good and honest behaviour according to the Laws of this City and lodge any manner of person by night contrary to the ordinance thereof made by the which he or they shall forfeit oâ— twenty pounds to the Chamber if they do the contrary 14. Also if any manner of person cast or lay Dung Ordure Rubbish Seacole-dust Rushes or any other thing noiant in the River of Thames Walbrook Flett or other Ditches of this City or in the open Streets Ways or Lanes within this City 15. Also if any person in or after a great Rain falleth or at any other time sweep any Dung Ordure Rubbish Rushes Seacole-dust or any other thing noyant down into the Channel of any Street or Lane whereby the common course there is let and the same things noyant driven down into the said water of Thames 16. Also if any manner of person nourish or keep Hogges Oxen Kine Ducks or any Beasts within this Ward to the greivance and Disease of their Neighbours 17. Also where afore this time it is ordained and enacted as hereafter followeth Item for to eschew the evils of misgoverned persons that dayly when they be indebted in one Ward fly into another It is ordained by the Mayor and Aldermen that as soon as a man or woman suspect first do come to dwell within any house in any Ward within the City the Constables Beadles or oother Officers of the same shall be charged by their Oaths at the general Court to inquire and espie from whence they come And if they find by their own confession or by the Record of any of the Books of any Alderman of the City that they be Indited or cast of evil noyous life and will not find surely for their good abeating and honest governance to the Alderman for the time being that then they shall not dwell there from thenceforth but shall be warned to aviod within three or four dayes or more or less after as it shall be seen to the Alderman of the Waâ— for the time being and that the Land loâ— that letteth the house or his Attorney shall be also warned to make them â—â— avoid out of his house aforesaid with the said time limited by the Alderman
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
King Edw. the 3. bereaving the King and Commonwealth of these great benefits and commodities is against the Law and so ought to be repealed And day was given accordingly to put in their Plea At which time many of the old Merchants-Adventurers being willing that trial should be made whether the benefit intended unto the Commonwealth might be compassed did shew to their obedience unto the King and desire of the good of their Country Surrender up their Patent into the hands of his Majesty since which time it being found by experience that the project had not that success which they expected and likewise Cloth and Wooll lay dead because there was no vent for them abroad The King according to his power reserved unto him in his Patent by which he erected and created the new Company of Merchants Adventurers of London did make repeal and revocation of the said New Patent and new Company and did redeliver unto the old Merchants their Patent confirming it and likewise by another Charter did enlarge the Liberties and Priviledges of the old Merchants by reason of which Grace of the King the old Company of Merchants-Adventurers of England are reestablished in that estate wherein they formerly were and they do now trade again as formerly they did to the great content of the Subject and benefit of the King and Country Certifying Indictments upon Certioraries IOhn Forner Iohn Evans and divers others being Indicted before Sir Thomas Hayes Lord Mayor of London Sir Henry Mountague Serjeant unto the King and Recorder of London Sir Thomas Lowe and divers others by vertue of a Commission granted unto them a Certiorari was directed unto them as Justices of Peace out of the Kings Bench for the certifying the said Indictment upon which Certiorari no return was made whereupon a second Certiorari was awarded unto the said Commissioners commanding them to certifie the said Indictment upon a pain upon which Certiorari a return was made in this manner That is to say that King H. 6. in the 23. year of his Reign by his Letters Patents bearing the same date did grant unto the Mayor Aldermen and Sheriffs of London that they should not be compelled upon any Writ directed unto them to certifie the Indictments themselves taken before them but only the Tenors of them the which they have done accordingly and Exception being taken unto this Return for the insufficiency of it it was resolved by Sir Edward Cook Chief Justice of the Kings Bench Sir Iohn Crook Sir Iohn Doddridg and Sir Robert Haughton that the return upon the reasons hereafter following was insufficient For first the Letters Patents being granted unto them by the name of the Mayor Aldermen and Sheriffs of the City of London warranteth only the not certifying of Indictments taken before them as Mayor Aldermen and Sheriffs of London and where the Writ is directed unto them by that name and they do not excuse them in Case where the Writ is directed unto them as Justices of Peace and where the Indictments are taken before them as Justices of Peace by virtue of the Kings Commission And howsoever the Mayor and Aldermen are Justices of Peace by Charter yet insomuch that they are distinct powers return made by them by the name of Mayor and Aldermen where the Writ is directed unto them as Justices of Peace will not be good Secondly there being a Resumption made by Act of Parliament in 28. H. 6. whereby all Lands Tenements Grants Rent and Fees granted since the first day of his Reign were resumed the Letters Patents made in 23. H. 6. unto the Mayor and Commonalty are annihilated and made void and so no hold may be taken of them and the Statute made in 1. Edw. 4. cap. 1. only confirmes those priviledges not heretofore revoked and repealed by Act of Parliament or otherwise and howsoever there be a Charter made by H. 7. in the first year of his Reign whereby restitution was granted of this priviledge yet no advantage may be taken of it because it was not spoken of upon the return and the Court may not intend it Thirdly the Letters Patents of the King being the sole ground and foundation to make the return good are not sufficiently returned unto the Court insomuch that it was said upon the return only that the King by his Letters Patents did grant unto the Mayor Commonalty and Sheriffs of London that they should not be compelled to certifie the Indictments themselves but it doth not appear that they were sealed with the Grand Seal and if they were not sealed with that Seal the Letters Patents may not be of any validity in Law howsoever they were sealed with the Exchequer Seal or Dutchy Seal in respect of which they may well be called the Letters Pattents of the King Fourthly the use hath alwayes been to remove Indictments and the Record of them upon a Certiorari awarded out of the Kings Bench and there was never any denial made of it before this time and in 5. Ed. 6. where a Certiorari was directed unto them for the removing of an Indictment of a Woman which was Indicted for being a common Whore the Indictment was certified in obedience unto the Writ although in the end of the return they shewed their Charter and prayed that it might be remanded because it was an Indictment only warrantable by the custome of the City and not by the Common Law And the Court was of opinion in the return at the Bar to have imposed a Fine and to have awarded a third Certiorari but it was stayed and the second return was amended Concerning Orphans Portions THe custome of London is that if any Freeman deviseth and or other Legacies of goods unto an Orphan that then the Mayor and Aldermen have used to take the profits of the Land and to have the disposition of the Legacies until such time as the Legatees shall attain unto the age of twenty one years or otherwise being a woman should be married and if the disposition of the profits of the Lands or of the personal Legacies were declared by the Testator in his Will that then the Mayor and Aldermen have used time out of mind of man to convent the person trusted by the Will of the Testator before them and to compel him to find Sureties for the true performance of the Legacies according to the Law of the Realm and the Will of the Testator and if they refuse to find Sureties then it is lawful to imprison them until they find Sureties The Widow of a Freeman of London dwelling in Middlesex bequeathed a Legacy of a thousand pound unto her Daughter after all Debts and Legacies paid and upon condition that she should not marry without the assent of her Executor and maketh a Freeman her Executor and dieth The Executor is convented before the Court of Mayor and Aldermen and required to put in Sureties unto the Chamberlain of London according to the
Actions personal whatsoever by Bill as well among Merchants and Merchants for Merchandize as also between others that will plead by Process made against the parties Item the Mayor and Aldermen or the Mayor and Chamberlain of the said City take before them in the said Chamber Recognizances of Debt of those that will of what summes soever And if the day of payment be missed then he to whom the Recognizance is made out of this Record shall have execution of all the Debtors Goods and of the moyety of his Lands within the said City and it is taken as at the Common Lawes Item Pleas of Debt according to the Ordinance called the Suit of Smithfield are determinable only before the Mayor and Aldermen according as is more plainly set down in the Ordinance thereupon made Item the Assizes of Nusance are determinable by plaint before the Mayor and Aldermen and that plaint shall be served by the Sheriff the Wednesday against the Friday and then the Mayor and Aldermen ought to proceed in Plea according to that which is set down in the Act of Assize and Nusance in the said City Item the Mayor and Aldermen have alwayes used to set down penal Acts upon Victuals and for other governance of the City and of the peace according to their discretion and advice and proclaim the same Ordinance within the said City openâ—y to be kept in the Kings name and of the City upon that penalty set down and shall levie all those penalties of those which do contrary to the Ordinance aforesaid Item the Mayor and Aldermen have alwayes used and may by custome of the same City cause to come before them the offenders which are taken within the said City for Lies and false Nuses noised abroad in disturbance of the Peace Makers and Counterfeiters of false Seales and false Evidences and for other notorious deceits known to them which they shall find faulty of such malefactours by confession of the parties or by enquest and then take them and punish them by the Pillory or other chastisement by imprisonment according to their discretion Item the Mayor and Aldermen have alwayes accustomed and may by custome of the said City change Process abbridge delayes in actions personal as well before themselves as in the Sheriffs Courts and to make new Ordinances touching personal Pleas which Ordinances they understand to be reasonable and profitable for the people Item you must note that all the City of London is held of our Soveraign Lord the King in Free Burgage without the same City and of all the Lands and Tenements Rents and Services within the same City and the Suburbs of the same are well in Reversion as in Demesne are devisable by Usage of the said City so that men and women by Usage of the same City may devise their Tenements Rents and Reversions within the said City and Suburbs of the same to those whom they will and of what Estate they will and they may also devise new rent to be taken of the same their Tenants in such sort as best shall seem unto them by their Testament and by their last Will and those which are Freemen of the same City may devise their Tenements to Mortmain as appeareth by the Kings Charter to that effect made Item He which holdeth Tenements joyntly with others may devise that which belongeth to him without any other separation but Infants within age can make no devise nor woman under covert barn cannnot devise their Tenements by leave of their Husbands nor in any other sort during the coverture 49. 7. 325. per. Cur. Also the Husband cannot devise Tenements to his Wife for any higher Estate then for term of life of his Wife neither can the Wife claim any further Estate upon pain of losing the whole neither can the Husband devise the Tenements in the right of his Wife nor the Tenements which the wife and the husband have joyntly purchased but if the Husband and Wife have Tenements joyntly to them and the Heirs of the Husband the same Husband may devise the Reversion and all the Testaments by which any Tenements are divised may be inrolled in the Hust of Record at the suit of any which may take advantage by the same Testaments and the Testaments which are so to be inrolled shall be brought or caused to be shewn before the Mayor and Aldermen in full Hust and there the said Will shall be proclaimed by the Serjeant and then proved by two honest men well known which shall be sworn and examined severally of all the circumstances of the said Will and of the Estate of the Testator and of his Seal and if the proofs be found good and true and agreeing then shall the same Will be inrolled upon Record in the same Hust and the Fee shall be paid for the Inrolment and no Testament nuncupative nor other Testament may be inrolled of Recod unless the Seal of the party be at the same Will but Wills that may be found good and true are effectual albeit they are not inrolled of Record Item Testaments within the said City ought by custome of the same City to be adjudged effectual and Executors have respect to the Wills of the Testators albeit the words of such Wills be defective or not accordidg to the Common Law Item Where Reversions or Rents be devised by Will inrolled in the Hust of Record the same Reversions and Rents after the death of the Testator are so Executed that those to whom such rents are devised may distrain for the rent and make avowry and those in reversion may sue a Writ of Waste at their will without any Attornment of the Tenants and may plead by the same Inrolment if need be although they have not the same Testament and the same custome taketh place for Deeds of Land inrolled in the Hust of Record and such Inrolments have been alwayes used so that the Wills are proclaimed and proved in full Hust as is aforesaid and Deeds indented and other Writings sealed may be accepted and the knowledging and confession of women may be received before the Mayor and one Alderman or before the Recorder and one Alderman or before two Aldermen for need as well out of the Court as in so that the same Charters Indentures and other writings so acknowledged be afterwards entred and inrolled in any Hust and the Fees paid as the Order is Item where a man hath devised by his Will enrolled certain rent to be taken of his Tenants within the said City without a cause of distress yet by custome of the said City he to whom the devise is made may distrein and avow the taking for the rent behind and in the same sort it shall be done for Amerciaments Rents called quit-rents within the said City Item the Mayor and Aldermen which are for the time being by custome of the same City shall have the Wards and marrying of all the Orphans of the said City after the death of their
enrolled of Record before the Chamberlain of the Guild-Hall and such Apprentice may bind himself or his friends may put him to a Trade by their Indenture if he be of convenient age at the discretion of the Chamberlain or Mayor and Aldermen if need be And no Apprentice by custome of the said City may be bound for less term then seven years and the Indenture must be enrolled within a year after the making thereof upon a certain penalty set down And after that such Apprentice hath well and sufficiently served his term he shall be made a Freeman of the said City without other redemption whereas no other may come by the Freedome without redemption except those which are born within the said City of what country soever they be under the obeysance of out Sovereign Lord the King by custome of the said City are also Free by their birth having respect to the Priviledges of the Freedome As those which have been Apprentices or otherwise been made Free by redemption and Women under Covert Bath using certain Crafts within the City by themselves without their Husbands may take Maides to be their Apprentices to serve them and teach them their Trade which Apprentices shall be bound by their Indenture of Apprentiship to the Husband and the Wife to learn the Wives Trade as is aforesaid And such Indenture shall be enrolled as well as the other And note that any one having such Apprentice may sell and devise his said Apprentice to whom he will being of the same Trade as well as his Chattel Item the Thames-water so far as the bounds of the Freedom of the City doth stretch is parcel of the City And the same Water and every Appurtenances within the said Franchize hath alwayes been governed by the same City as parcel of the same City as well the one part of the Water as the other And the Sheriffs of London for the time being have alwayes used to do arrests and executions at the suit of the parties in the said Water of Thames viz. from the East-side of the Bridge of London to Recolv and from the West part of London Bridge to Stanes Bridge Item the Sheriffs of London ought by custome of the City to have the forseiture of all Fugitives and Felons goods whatsoever as well within the said City as the Water of Thames in and of their Farm which they pay yearly to the King Item by custome of the City no attaint is maintainable nor lieth within the City Item by Ancient custome of the same City no man dwelling within the same City can be taken nor led out of the City by colour or claim of villenage before the matter be discussed by order of Law Item if a Freeman of the said City coming or going with merchandize elsewhere out of the same City be constrained to pay Toll or other custome or that his Goods be arrested or carried away wrongfully without reasonable cause and not delivered again by the Governour of the Town when complaint in made and it be sufficiently testified by credible men then if afterwards the Goods or Merchandizes of him that did the wrong or the Goods or Merchandizes of any other of the same Town where the wrong was done be found within the City of London it is the custome at the suggestion of the property to arrest such Goods and Merchandizes by the Officers of the City and to detain them in the name of a Withermam until agreement be made with the said Freeman for his damages sustained in that behalf except always reasonable answer be alledged by one other party Item the Citizens of London in ancient time ordained a House called the Tonne in Corn-hill whereunto the Constables Beadles and other Officers and men of the City did accustome to bring Trespassours of the Peace married men and women found in Adultery and Chaplains and other Religious men found openly with common women or married women in suspicious places and after to bring them before their Ordinaries Item the City of London hath coâ—usance of Pleas by the Kings Chartes and the use is that no Freeman of the said City shall implead another Freeman of the same City elsewhere then in the same City where he may recover within the said City upon pain of losing his Freedome Inem he which is Mayor of London for the time shall have an Hanap o' or a Golden Tanker at the Coronation of every King with other priviledges belonging to the said Mayor and City at such Coronation of the King by ancient custome of the same City Item the customes is that the Kings chief Butler shall be chief Coroner of the City of London which Coroner useth by Writ to substitute another in his place who is called Coroner before whom the Indictments and Appeales within the said City are taken and in whose name the Records are made and all the Indictments and Appeals within the said City are taken before the two Sheriffs and Coroners joyntly and the Juries taken for the death of any man upon view of the Corps are gathered out of the four Wards neerest and summoned by the Beadles of the same Wards and all other Juries to be taken before the Sheriffs and Coroners in common ought to be taken and summoned by the Sheriffs and their Officers Item heretofore where any Thief in New-Gate did appeal another Thief being in another Goale that Thief in the other Goal is to be sent by Writ unto New-Gate to answer to the same Appeal and to be at his delivery there And in the same sort if a Thief being in another Goal do appeal another being in New-Gate or any other within the said City the same apeallated must be brought by Writ to the same Goale of New-Gate to maintain his said Appeal And no Thief being in New-Gate taken with the manner ought to be sent elsewhere with the manner for his deliverance but only to have his deliverance before the Mayor of London and other Justices assigned for the said Goal of New-Gate Item because the Burrough of Southwork and place of common Stewes on the other side of the Water of Thames are so hurtful to the City of London and Theeves and other malefactours are often coming thither and many times after their Thefts and Fellonies done within the said City they fly and retire out of the same City unto the Stewes and into Southwark out of the Liberties and Power of the City and remain there doing mischief watching their time to come back and do mischief there the Officers of the said City have used always to pursue and search such Theeves and ill doers in the same Stewes and Town of South-wark as well within the Liberty as without and bring them to New gate to stay there for their deliverances before the Justices as well for open suspition as at the Suit of the party Item the Prisoners which are condemned or arrested within the said City and are committed to Prison at the Suit
or the party and afterwards are sent by Writ to the Exchequer or any other the Kings places with their Causes the same Prisoners after they are delivered in the Kings Court ought to be sent to the said City to answer to the parties and stay there for their deliverance Item those which have Tenements within the said City shall not be sufferd to strip or waste their Tenements Demeasne nor to pull them down in deforming or defacing of the City unless it be to amend them or build them up again and any that doth it or beginneth to do it shall be punished by the Mayor and Aldermen for the offence according to the custome of the City Item if Walls Penthouses or other Houses whatsoever within the said City stretching to the High street be so weak or feeble that the People passing by mistrust the peril of some suddaih Ruine then after it is certified to the Mayor and Alderman by Mason and Carpenter of the City sworn or that it be found in the Wardmore that the danger is such then the same Mayor and Aldermen shall cause the parties to be warned to whom the same Tenements belong to amend them and repair them so soon as conveniently he may and if after such warning they be not amended nor begun to be amended within fourty dayes then next following then shall the said Tenements be repaired and amended at the cost and charges of the said City untill the costs be fully levied of his Goods and Chattels or other his Tenements if â—eed be Item if any House be found within the said City or the Suburbs of the same covered with Straw Reed or Thatch he to whom the House belongeth shall pay to the Sheriffs for the time being fourty shillings and shall be compelled to take away the same covering Item if any House within the said City be burning so that the flame of the Fire be seen out of the House he which dwelleth in the said House shall pay to the Sheriffs forty shillings in a red Purse Item the Mayor Aldermen and Sheriffs and all other Officers and Ministers of the said City are to be chosen by the same City viz. At the time when the Mayor should be chosen the commons of the same City shall by custome be assembled in the Guild Hall and the same commons shall make election of two honest men of the said City of whom the one shall be Mayor and the names of the said two honest men shall be carried before the Mayor and Aldermen which are for the time within the Chamber of the Guild-Hall And then the one of them shall be chosen to be Mayor by the said Mayor and Aldermen by way of Screame and the said Mayor so newly chosen the morrow after the Feast of Simon and Iude shall be presented before the Bacons of the Exchequer at Westminster or in their absence to the Constable of the Tower and afterwards shall be presented to our Sovereign Lord the King himself according to the content of the Charter of the said City and the said Mayor shall have the Government of the said City under the King for the year following and the said Mayor shall take fifty Marks a year for the of Coâ—n and fifty Marks in time of Peace of the Merthants of Anzens Corby and Neele according to the ancient Orders thereupon made and every Mayor shall hold his general Court at the Guild Hall the Munday after the Feast of the Epiphany and then shall be assembled all the Aldermen of the same City and all the Constables Scavengers and Beadles shall be sworn anew well and faithfully to do their office during the time they shall be Officers and the Wardmotes held by the Aldermen and the default found shall be then delivered up by the said Aldermen in writing and the default found in the Wards shall be enquired and examined and the Mayor for the time being by custome of the same City for maintainance of the Peace and for the quiet of the City hath authority to arrest and imprison the disturbers of the Peace and other malefactors for rebellions or lewd expences and other defaults according to their discretion without being appeached or afterwards impleaded for the same Item No Mayor shall be chosen within the said City before that he hath been Sheriff of the same City a year before Item The Mayors of London which have been for the time are accustomed to have their Sword born upright before them within the said City and without the putting the same down in the presence of any except the King and that Sword is called the Kings Sword Also the Sheriffs of London are chosen by custome of the said City on St. Matthews day in the Guild-Hall viz the one shall be chosen by the Mayor and the other by the Commons and the said Sheriffs shall afterwards be sworn within the said Guild-Hall and the morrow after St. Michal presented into the Exchequer by the Constable of the Tower according to the form of the Charter of the City as is aforesaid and the same Sheriffs shall have Free Election of all their Officers and of their Farmours and Bayliffs as well within the City as the County of Middlesex and of the Goalers of the Prisons within the said City at their will and the same Sheriffs pay and are Accomptants yearly to the Kings Exchequer for the Farm of the said City and County of Middlesex according to the form of the said City and Charter and by reason of that Farm the said Sheriffs ought to have the ancient Tolls and Customes of Merchandizes coming into the City and going out of the same and Forfeitures Fines and Amerciaments and all other commodities of ancient time belonging to their Office And no Merchandizes shall pass out of the City by Land nor by Water by Cart Horse nor Portage by men without a Warrant sealed by the said Sheriffs and Forreigners must pay for their Issue according to the ancient custome Item The Aldermen every year are elected at the Feast of St. Gregory and sworn and presented to the Mayor and the said Aldermen are chosen by men of the same Ward which Aldermen ought to keep their Wardmotes Item Upon the death of the Alderman of any Ward the Inhabitants in the Ward are to chuse a new Alderman for their Ward whom they think good and are to certifie the Lord Mayor of their choice who is to declare the same to the Court of Aldermen at their next meeting and then to give the Ward notice of their liking of the choice but if it be an easie and quiet Ward then by order either the Lord Mayor or eldest Knight on the Bench is to have the same Ward as Alderman thereof yet the Election is in the Ward absolute of themselves whom they will chuse THE COMMISSION AND ARTICLES OF THE WARD-MOTE INQUEST By the MAYOR To the Alderman of the Ward 1. VVE charge and command you that upon St.
up in a Table in some fit and convenient place in every Parish within your Ward where the common people may best see the same 19. And furthermore we charge command you that you cause such provision to be had in your said Ward that all the Streets and Lanes without the same Ward be from time to time cleansed and cleerly voided of Ordure Dung Mire Rubbish and other filthy things whatsoever they be to the annoyance of the Kings Majesties subjects 20. And also that at all times as you shall think necessary you do cause search to be made within your said Ward for all vagarant Beggars suspitious and idle people and such as cannot shew how to live and such as shall be sound within your said Ward that you cause to be punished and dealt with according to the Laws and the Statute in such case ordained and provided 21. And also we will and charge you the said Alderman that your self certifie and present before us at the same general Court to be holden the aforesaid Monday next after the Feast of Epiphany all the Names and Surnames truely written of such persons within your said Ward as be able to pass in a grand Jury by themselves and also all the Names and Sur-names truly writen of such persons being and dwelling within your said Ward as be able to pass in a petty Jury and not able to pass in a grand Jury by themselves that is to say every grand Jury man to be worth in Goods an hundred Marks and every petty Jury man forty Marks according to an Act in that case made and provided and the same you shall indorce on the backside of your Indenture 22. Item for divers reasonable and urgent considerations us especially moving we straightly charge and command you on the King our Soveraign Lords behalf that you diligently provide and foresee that no manner of person or persons within your said Ward of what condition or degree soever he or they be of keeping any Taveâ—n or Alehouse Ale Cellat or any other Victualing house or place of common resort to eat and drink in within the same Ward permit or suffer at any time hereafter any common women of their Bodies or Harlots to resort and come into their said House or other the places aforesaid to eat or drink or otherwise to be conversant or abide or thither to haunt or frequent upon pain of imprisonment as well of the Occupier and Keeper of every such house or houses and all other the places afore remembred as of the said common women or Harlots 23. Also that you do give in charge to the Ward-more Inquest of your Ward all the Articles delivered to you herewith And that you have a special care of keeping the Peace and good order during your Ward-mote and if any offend herein you Fine or punish him and them according to Law Not failing hereof as you tender the Common Weal of this City and advancement of good Justice and as you will answer for the contrary at your uttermost peril An Act for the Reformation of divers Abuses used in the Ward-mote Inquests VVHereas the Ward-more Inquests within the several Wards of this City for the maintenance of honesty vertue and good living and for the abolishment exciling and suppressing of all kind of Vice evil rule and iniquity according to the ancient lawdable Lawes and Customes of the said City are yearly severaly charged and sworn upon the day of St. Thomas the Apostle before the Aldermen of the said Wards chiefly and principally to the end and incent that they with all diligence should truly and duely inquire and present all such Enormities Nusances Misorder and Offences as are or at any time within the space of one whole year then next ensuing shall be severally used committed or done within the said Wards and have day yearly to make their said presentments until the monday next after the Feast of the Epiphany The said Inquests heretofore little or nothing at all regarding as it is very manifest not unknown the more is the pitty their said Oaths or yet the great Commodities Utility Quietness Honour and Worship that might or should grow and insue to the said City and Inhabitants of the same through their good industrious and indifferent proceedings for the advancement of Vertue and repressing of Vices have drawn it in a manner into a very ordinary course and common custome to consume and spend a great part of their said time that they have yearly given unto them when they receive their said charge partly in setting up among themselves a certain Commons and making and keeping many costly and sumptuous Dinners Suppers and Banquets inviting and calling to the same at sundry times in a manner all the Inhabitants of the said several Wards to the no little charges of the same Inhabitants and partly in passing and occupying much part of the same time in playing at Dice Tables Cards and such other unlawful Games both to the great costs charges and expences of the said Inquests whereof the greater part most commonly are but poor men and also to the very lewd pernitious and evil example of all such as have any access or recourse unto the same Inquests And where also the said Inquests have of late usurped to dispense with such persons as they by their search and otherwise have founden to offend and transgress the Laws in using and occupying of unlawful Weights and Measures taking of the said offendors certain Fines as it is said the said Inquests have commonly used to imploy toward the maintenance of their said Feasting and Banqueting directly against the due Order of our Soveraign Lord the Kings Laws and the publick wealth of all his Highness Subjects within the said City and much to the reproach and dishonour of the same City For Remedy and Reformation thereof be inordained enacted and established by the Lord Mayor Aldermen and Commons in this present Common Councel assembled and by Authority of the same that all and every the Wardmore Inquests of the said City from henceforth to be yearly charged and sworn within the several Wards at the time afore rehearsed shall at all times and places meet and convenient for the due Execution of their said charge meet and assemble themselves together and that they and every of them after their said meetings inquisition and treating of their said necessary matters shall go home to their own several houses to Breakfast Dinner and Supper duting all the said accustomed time of their charge and Session abovesaid And that none of the said Inquests shall from henceforward set up any manner of Commons or keep or maintain any manner of Dinners Suppers or Banquets among themselves or use at their said assemblies and Sessions any of the Games above mentioned or any other whatsoever unlawful Games or Playes at any time before the giving up of the said presentments at the time above remembred Or
away or otherwise occupy or dispose the said Gravel Sand or other thing at their freeliberty and pleasure And that all Paviers Bricklayers Tilers Masons and all other that shall occupy Sand or Gravel shall endeavour themselves with all their diligence to occupy the said Sand or Gravel and none other paying for the same reasonably as they should and ought to pay for other Sand or Gravel digged out of other mens Grounds about the said City which after is filled again with much filthy things to the great infection of the Inhabitants of the said City and all other repairing unto the same And that further humble Suit may be made to the Kings Highness that all persons having Lands or Tenements along the said River side upon certain pain by his Highness and the Lords of his most Honourable Councel to be limited shall well and sufficiently repair and maintain all the Walls and Banks adjoyning unto their said Lands that so the Water may not nor shall break in upon the same and the same to be continued till the time that the said noble River be brought again to his old course and former Estate And that strong Grates of Iron along the said Water-side and also by the Street-side where any Watercourse is had into the said Thames be made by the Inhabitants of every Ward so along the said Water as of old time hath been accustomed And that every Grate be in height four and twenty inches at the least or more as the place shall need and in breadth one from another one inch and the same to be done with all expedition and speed And if the occupiers of the said Lands and Tenements make default contrary to the Ordinance asoresaid or else if any person or persons in great Rains and other times sweep their soylage or filth of their houses into the Channel and the same after is conveighed into the Thames every person so offending shall forfeit for every such default twenty pence and that upon complaint to be made to any Constable next adjoyning to the said place where any such default shall be found it shall be lawful for the said Constable or his sufficient Deputy for the time being from time to time distrain for the same offence And to retain the same irreplegiable and like Law to be observed and kept And like penalty to be paid for every person that burn Rushes and Straw in their houses or wash in the common Streets or Lanes and to be recovered as aforesaid and the one moyety thereof to be to the Mayor and Commonalty and the other moyety to be divided between the said Constable that taketh pain and the party finder of the said default And if the Constable or his Deputy refuse to do his duty according to the true meaning of this Act that then the Constable or his Deputy which shall so refuse to his duty as aforesaid shall forfeit and pay for every time so offending three shillings four pence And the same penalty of the said Constable to be recovered and obtained by distress irreplegiable to be taken by any of the Officers of the Chamber of London to the use of the Mayor and Commonalty of London And further that no person or persons having any Wharfe or House by the said Water-side make not their Laystalles nigh to the River aforesaid except only the common Laystalles where the Common Rakets of this City use to repose and lay all their Soylage to be carried away by them with their Dung-boats And that the said Rakets shall lay their said Dung carried in their Dung-boats to such convenient place or places as shall be appointed by the Lord Mayor of London for the time being with the advice of his Brethren the Aldermen of the same and to no other place or places upon pain to forfeit for every such default five pound to be recovered in any of the Kings Courts within the City of London by Bill Plaint Moyety of Debt or information by any person that will or shall pursue for the same the one Moyety thereof to be unto the Mayor and Commonalty of London and the other Moyety to him or them that will or shall pursue for the same in which Actions or Suits no wager of Law nor Essoygn shall be allowed The Oath of the Constables within the City of London YE shall swear that ye shall keep the Peace of our Soveraign Lord the King well and lawfully after your power And ye shall Arrest all them that make Contect Riot Debate or Afray in breaking of the said Peace and lead them to the House or the Compter of one of the Sheriffs And if ye be withstood by strength of misdooers ye shall rear on them an Out-cry and pursue them from Street to Street and from Ward to Ward till they be Arrested and ye shall search at all times when ye be required by the Scavengers or Beadles the common noysance of your Ward And the Beadle and Raker you shall help to reare and gather their Sallery and Quarterage if ye be thereunto by them required And if any thing be done within your Ward against the Ordinance of this City such defaults as ye shall find there done ye shall them present to the Mayor and Ministers of the City and if ye be letted by any person or persons that ye may not duly do your Office ye shall certifie the Mayor and Councel of the City of the Name or Names of him or them that so let you Ye shall also swear that during the time that ye shall stand in the Office and occupy the Room of a Constable ye shall once at the least every moneth certifie and shew to one of the Clarks of the Mayors Court and in the same Court as well the Names as Sur-names of all Free men which ye shall know to be deceased within the moneth in the Parish wherein ye be inhabited as also the Names and Sur-names of all the Children of the said Free-men so deceased being Orphans of this City And thus you shall not leave to do as God you help c. God save the King The Oath of the Scavengers YE shall swear that ye shall diligently over-see that the Pavements within your Ward be well and sufficiently repaired and not made too high in noysance of your Neighbours and that the Wayes Streets Lanes be cleansed of Dung all manner of filth for the honesty of this City And that all the Chimnies Furnaces and Reredoes be of Stone sufficiently and defensively made against peril of Fire And if ye find any the contrary ye shall shew it to the Alderman of the Ward so that the Alderman may ordain for the amendment thereof And thus ye shall do as God you help God save the King The Oath of every Freeman of this City of London YE shall swear that ye shall be good and true to our Soveraign Lord King Charls and to the Heirs of our said Soveraign Lord the King Obeysant and
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
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
and if they be souâ— there after the timâ— that then not only the said dishoneâ—â— persons shall have imprisonment of the bodies after the discretion of the Mayoâ— and Aldermen but also the said Land lords Letters of the said houses shalâ— forfeit to the Guild Hall as much as they should have had for letting of the said house or should be paid by the year if the said persons or others had dwelled in the said house you shall duly enquire of offences against this Act and present them 18. Also if any Freeman against his Oath made conceal cover or colour the Goods of Forraigners by the which the King may in any wise lose or the Franchises of this City be imblemished 19. Also if any Forreigner buy and sell with any other Forreigner within this City or the Subburbs thereof any Goods or Merchandizes be forthwith forfeit to the use of the commonalty of this City 20. Also if every Freeman which receiveth or taketh the benefit and enjoyeth the Franchises of this City be continually dwelling out of the City and hath not â—e will not after his Oath made be at Scot and Lot nor partner in the charges of this City for the worship of the same City when he is duly required 21. Also if any man conceal the Goods of Orphans of this City of whom the Ward and marriage of right belongeth to the Mayor and Aldermen of this City 22. And if any Officer by colour of his Office do extortion unto any man or be maintainer of Quarrels against right or take carriage or arrest Victual unduly 23. Also if any Boteman or Feriour be dwelling in the Ward that taketh more for Botemanage or Feriage then is ordained 24. Also if any man make Purprestâ—res that is to say incroach or take of the common ground of this City by Land or by Water as in Walls Pales Stoops Grieces or Dores of Cellars oâ— in any other like within the Ward oâ— if any Porch Penthouse or Jetty be toâ— low in letting of men that ride beside or Carts that go thede forth 25. Also that Penthouses and Jeâ—ties be at the least the height of nine foot and that the Stalles be not but of two foot and a half in breadth and to be flexible or moveable that is to say to hang by Icmewes or Garnets so that they may be taken up and let down 26. Also if any common way or common course of water be foreclosed or letted that it may not have his course as it was wont to the noyance of the Ward and by whom it is done 27. Also if any Pavement be defective or too high in one place and too low in another to the disturbance of Riders and Goers thereby and Carte that go thereupon 28. Also if any Regrator or Forestaller of Victual or of any other Merchandizes which should come to this City to be sold be dwelling in this Ward a Regrator is as much to say as he that buy-up all the Victual or Merchandizes or the most part thereof when it is come to the City or the Suburbs of the same at a low price and then afterwards selleth it at his own pleasure at a high and excessive price a Forestaller is he that goeth out of the City and meeteth with the Victual and Merchandize by the way coming unto the City to be sold and there buyeth it both these be called in the Law Inimici publici patriae which is to say open Enemies to a country 29. Also if any Butcher Fishmonger Poulter Vintner Hostler Cook or sellar of Victual do sell Victual at unreasonable prizes 30. Also if any Hostler sell Hay Oats or Provender at excessive prizes taking greater gain thereby then is reasonable and lawful 31. Also if any Victualler sell any Victuals not covenable or unwholesome for mans body or else dearer then is proclaimed by the Mayor when any such Proclamation is or shall be 32. Ye shall diligently make search and inquity whether there be any Vintner Inholder Alehouse-keeper or any other person or persons whatsoever within your Ward that do use or keep in his or their house or houses any Cans Stone pots or other Measures which be unsealed and by Law not allowed to sell Beer or Ale thereby and whether they do sell any of their best Beer or Ale above a penny the quart or any small Ale or Beer above a half-penny the quart and whether any of them do sell by any Measure not sealed If there be any such you shall seize them and send them to the Guild Hall to the Chamberlains Office and present their names and faults by Indenture so oft as there shall be any occasion so to do 33. Ye shall also make search in the Shops and Houses of all the Chandlers and of all others which sell by weight or measure dwelling within your Ward and see that their Scales be not one heavier then another and that their Weights and Measures aswel Bushels as lesser Measures aswel those that they sell Sea-coales by which ought to be heaped that they be in breadth according to the new Standard sealed as all others and that all Yards and Ells that they be their just lengths and sealed that the poor and other his Majesties Subiects be not deceived And further if any do buy by one Weight or Measure and sell by others and if in your search you find any false Weights Measures or Scales ye shall seize them and send them unto the Guild-Hall to the Chamberlain and you shall also do the like if you shall find any that do sell any thing by Venice Weights contrary to the Law and his Majesties Proclamations present their Names and faults 34. Also if any Inholder bake any Bread to sell within his house and if any Baker of sower Bread bake white Bread to sell or mark not his Bread or else take more for the baking then six pence for a bushel 35. Also ye shall inquire if any house be covered otherwise then with Tile Stone Lead for peril of Fire 36. Also if any Leaper Faitour or mighty Begger be dwelling with in this Ward 37. Also if any Baker or Brewer bake or brew with Straw or any other thing which is perillous for Fire 38. Also if any mango with painted visage 39. Also if there be any man that hangeth nor out a Lantern with a Candle therein burning after the usage according to the Commandement thereupon given 40. Also if any person bring or cause to be brought to this City or the Liberties thereof to be sold or sell offer or put to saile any Tallwood Billets Faggots or other Firewood not being of the full Assize which the same ought to hold 41. Also if any Freeman of this City use to resort into the Countries near to this City and there to ingross and buy up much Billet