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
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
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
Commonalty for payment of the said sum at a certain day and thereupon is enlarged The four hundred Marks are not paid at the day whereupon the Mayor and Commonalty affirm a Plaint against him in London for the said Debt The Defendant obtaineth a Habeas Corpus to remove the body and the cause into the Kings Bench upon a supposition that he was to have the Priviledge by reason of a Priority of Suit in the Kings Bench and upon returne of the Habeas Corpus all this matter appeared unto the Court and it was moved by Sir Henry Mountague now Lord Chief Justice of the Kings Bench then one of the Serjeants of the King and Recorder of London that a Procedendo might be granted whereby the Major and Commonalty might proceed against him in the Court at London It being a customary Suit meerly grounded upon the custome of London But that was denied by Sir Edward Cook Chief Justice and the whole Court because by the Law Chamberlain having cause of Priviledge by reason of the Priority of Suit against him in the Kings Bench might not be re-manded but he was to answer in that Court Whereupon the Major and Commonalty did declare against him upon the said Obligation in the Kings Bench. Secondly it was moved that the action upon this obligation might be laid in some indifferent County and not in London forasmuch as the Trial there must be had by those that were Parties unto the Action it being brought by the Mayor and Commonalty But Sir Edward Cook and the Court would not upon this surmise take away the benefit which the Law giveth to every Plaintiff upon a transitory action wich is to lay it in whatsoever County he will And if there be any such cause as is surmised then after Plea pleaded he may make an allegation That the City of London is a County in it self and that all the Citizens there are Parties to the Action which is brought whereby there may not be an indifferent Trial. And upon this surmise the Court shall order the Trial to be in a Forreign County The which was done accordingly and so the matter proceeded The Case of the Merchant-Adventurers KIng Edward the third in the year of his reign by Letters Patents doth incorporate certain persons by the name of the Merchants-Adventurers of England and doth give power unto them to transport white Clothes into divers parts beyond the Seas restrayning them from carrying over Woolls The Merchants-Adventurers do trade beyond the Seas and continue the transposing of Clothes white until the 29. of August in the tenth year of his Majesties Reign that now is At which time the King by his Letters Pattents doth encorporate the Earl of Sussex late Lord Treasurer of England Sir Thomas Vavasour Sir Stephen Soam William Cockayn and others by the name of The Merchants Adventerers of the new trade of London with full power authority to transport dyed and dressed Cloths into divers parts beyond the Seas with a restraint prohibiting all the Old Merchants-Adventurers which did not joyn themselves unto this new Company to tranport any under the forfeiture of them and also inhibiting the New Merchants from transporting any Clothes but such as are died and dressed And after three years passed they having power during that time to transport 36000 white Clothes And there being a refusal of the Old Merchants Adventurers to surrender up their Patent The King bringeth a Quo Warranto against divers of the Merchants of the old Company by particular names to know by what Warrant they do without Licence of the King transport Clothes white undied and undressed beyond the Seas The Merchants upon the return of the Quo Warranto do make their appearance And an Information being exhibited gainst them by Sir Fr. Bacon Knight now Lord Chancellour of England and then Attorney General unto his Majesty cometh into the Kings Bench and moveth the Court that the old Merchants Adventurers might have a short day the next ensuing Term to answer unto the Information exhibited against them Insomuch that the new Company of Merchants Adventurers standing at a gaze as being uncertain of what validity the old Patent would be did slack to transplant the Diers and other Tradesmen out of the Low-Countries into England being necessary Instruments for the puting in Execution of this design because there were not here in England those that were able to Die and Dress in that manner that the Low-Country men did And so there was in the interim a stop of the current of Merchandizing with our Cloth the which being the principal Commodity that we had here in England the Fleece that causeth it may well and aptly have the term of The Golden Fleece and there being a stop made of the traffiquing and trading with these clothes it is as dangerous unto the Politique Body of the Commonwealth as the stop of a Vein could be to the natural Body for as by the stop of a Vein the Blood is debarred of his free passage and so of necessity there must be a Consumption by the continuance of it follow unto the body natural So traffique being the Blood which runneth in the Veins of the Commonwealth it cannot be but that the hinderance of it by any long continuance must breed a Consumption unto the State of the Commonwealth Wherefore to open this Vein which was as yet somewhat stopped and to give a more free passage unto the Blood he was a Suitor unto the Court on the behalf of the Company of the New Merchant-Adventurers that the Court would give expedition in this Case for they conceived that if this new design might take its full effect as it was intended it could not be but of necessity there must a great benefit redound to the Commonwealth For first Whereas our State groweth sick by reason of the many idle Persons which have not means to be set on work this Dying and Dressing of Cloths within our Kingdome would give sufficient imployment unto them all whereby there should be a cure to the lazy Leprosie which now overspreadeth our Commonwealth Secondly Whereas now we send out clothes White and the Low-Country-men receive them of us and Dye them and Dress them and afterwards transport them unto forreign parts making a wonderful benefit to themselves both in point of profit and likewise in respect of maintaining their Navy whereas if the Clothes were Died and Dressed by our selves we might reap that matter of gain and also be Masters of the Sea by strengthening our selves in our Shipping Thirdly Whereas there happeneth often a confiscation of all our Clothes and much disgrace and discredit lighteth upon our Nation and our Clothes by the abuse of the Low-Country-men in stretching them a greater length than they will well bear when they Dye and Dress them now it should be prevented when they should never have the fingering of them to put that abuse in practice Wherefore this Patent made by
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
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
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
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