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A32296 Reports of special cases touching several customes and liberties of the city of London collected by Sir H. Calthrop ... ; whereunto is annexed divers ancient customes and usages of the said city of London. Calthrop, Henry, Sir, 1586-1637. 1670 (1670) Wing C311; ESTC R4851 96,584 264

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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 te●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 p●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 shal● 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
under pain of three shillings four pence 20. No Carts using dayly cartiage within this City nor Car shall have Wheels shod with Iron but bare under pain of six shillings 21. No man shall burn any Straw Rusnes or other thing Linnen or Woollen in the Streets by night or by day under pain of three shillings four pence 22. No man shall blow any Horn in the night within this City or Whistle after the hour of nine of the Clock in the night under pain of imprisonment 23. No man shall use to go with Vizards or disguised by night under like pain of imprisonment 24. That Night-walkers and Eve● droppers indure like punishment 25. No Hammer-man as a Smith Pewterer a Founder and all Artifice making great sound shall not work a●ter the hour of nine in the night not ●●fore the hour of four in the morning under pain of three shillings four pence 26. No man shall cast into the Ditches of this City or the Sewers of this City without the Walls or into the Walls Grates or Gullets of this City any manner of Carren stinking Flesh rotten Fish or any Rubbish Dung Sand Gravel Weeds Stones or any other thing to stop the course of the same under pain of cleansing them at his own cost and charge under pain of Imprisonment 27. No man shall make any Widrawces in any of the Town-Ditches or the Town-Gullets under the pain of twenty shillings 28. No man shall build nigh the Walls of this City without License of the Lord Mayor Aldermen and Chamberlain under pain of throwing down the same and no Licence may be granted except that the Chamberlain freely at all times have convenient and needful ingross and entry going out and clear recourse 29. No man shall go in the Streets by night or by day with Bow bent or Arrows under his Girdle nor with Sword unscabberd under pain of imprisonment or with Hand-Gun having therewith Powder and Match except it be in an usual May-game or sight 30. No man shall after the hour of nine at the night keep any rule whereby any such sudden Out-cry be made in the still of the night as making any Affray or beating his Wife or Servant or Singing or Revelling in his house to the disturbance of his Neighbours under pain of three shillings four pence 31. No man shall make an Affray upon any Officer which with good Demeanour doth his message by Commandment from my Lord Mayor or any Alderman or Mr. Sheriffs or Mr. Chamberlain or misbehave himself in any Rayling upon any Judge of this City or their Officers which by Commandement are sent to bring any breaker of this Law and Custome to Ward or to distress or such like upon pain of Imprisonment of forty dayes and forfeiture of the double penalty for the offences assessing railing upon any Alderman or Mayor in his Office is Judgement of the Pillory Railing upon Mr. Chamberlain in his Office forty dayes Imprisonment beating threatning and railing of an Officer is Imprisonment after the Trespass is 32. Memorandum That every offence found in this City it is accustomed that the Officer a Freeman finding it which is called primus Inventor hath half the penalty by the grace of the Court. 33. Also every Freeman may find any offence but he hath no power to bring the party before any Judge of this City without an Officer except the party will come to his answer by free will 34. No man hath power to Arrest Attach or make distress of any Goods sorfeitable or offences except the Constable or Serjeant of the Mace 35. No Butcher or his Servant shall not use to drive any Oxe or Oxen atrot in the Streets but peaceably and if an Oxe happen to be let go when he is prepared to slaughter the Butcher shall forfeit two shillings besides recompence if any person be hurt thereby 36. No Butcher shall scald Hogs but in the common Scalding-House upon pain of six shillings eight pence 37. No Butcher shall sell any Measel Hog or unwholesome Flesh under pain of ten pounds 38. No Butcher shall sell any old stale Victual That is to say above the slaughter of three dayes in the Winter and two in the Summer under pain of ten pounds 39. None unreasonable Victual for all manner of Victuals 40. No Victualler of this City shall shall give any rude or unsetting Language or make any clamour upon any man or woman in the open Market for cheapning of Victual under pain of three shillings four pence 41. No Butcher shall cast the inwards of Beasts into the Streets Cleaves of Beasts Feet Bones Horns of Sheep or other such like under pain of two shillings 42. The Pudding-cart of the Shambles shall not go afore the hour of nine in the night or after the hour of five in the morning under pain of six shillings eight pence 43. No man shall cast any Urine-boles or Ordure-boles into the Streets by day or night afore the hour of nine in the night And also he shall hot cast it out but bring it down and lay it in the Channel under the pain of three shillings four pence And if he do cast it upon any persons head the party to have a lawful recompence if he have hurt thereby 44. No man shall hurt cut or destroy any Pipes Sesperals or Windvents pertaining to the Conduit under pain of Imprisonment and making satisfaction though he doth it out of the City if he may be taken within the City 45. No man within this City may make any Quill and break any Pipe of the Conduit coming through his house or nigh his ground under pain of the Pillory or take any water privily unto his house 46. Casting any corrupt thing appoysoning the water Lourgulary and Fellony 47. Whosoever destroy or perish any Cocks of the Conduit must have Imprisonment and make satisfaction Old Laws and Customes of this City 48. NO man shall set up Shop or occupy as a Freeman afore he be sworn in the Chamber of London and admitted by the Chamberlain under pain of 49. No man shall set over his Apprentice to any other person but by license of Master Chamberlain and there to be set over under pain of 50. No man which is a Forreign shall not buy nor sell within the Liberties of this City with any other Forreign under pain of forfeiture of the Goods so Forreign bought and sold 51. No Freeman shall be disobedient for to come at Master Chamberlains commandement to any summons to him given by any Officer of the Chamber under pain of Imprisonment 52. Master Chamberlain hath power to send a Freeman to Ward that he incontinently after send to the Lord Mayor the cause why that he is punished so that the Lord Mayor release him not but by the Chamberlains assent and if he be a great Commoner and disobeying to the Chamberlain Master Chamberlain may refer it to a Court of Aldermen Master Chamberlain hath Authority to send or command any