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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
Apprentice to the Counter for their offences and if their offences be great as in defyling their Masters houses by vicious living or offending his Master by theft or dislander or such like then to command him to Newgate Apprentice enrolled his Master payeth two shillings six pence Apprentice set over he that receiveth two shillings Apprentice made Free he payeth four shillings Apprentice never Enrolled and made Free his Master payeth thirteen shillings two pence A man made Free by his Fathers Copy payeth eighteen pence A Proclamation made in the time of the Mayoralty of Sir Michael Dormer Knight An Act of Common Councel made in the Even of St. Michael Anno Regis Henrici Octavi 21. That no person should lay any Wares in the Street or beyond the edge of their Stall upon pain of forseirure the first time six shillings eight pence the second time thirteen shillings four pence and the third time the Ware so laid By an Act of Parliament in the 14. Car. 2. IT is enacted that all and every person that inhabiting within the Cities of London and Westminster Suburbs and Liberties thereof and Burrough of Southwark or in any the new built Streets Lanes ' Alleys and publick places before their respective Houses Buildings and Walls twice every week viz. Wednesday and Saturday and all the soile dirt and other filth shall cause to be caken up into Baskets Tubs or other Vessels ready for the Scavenger or other Officer to carry away upon pain of three shillings four pence for every offence or neglect respectively That no person whatsoever shall throw cast or lay or cause to be cast thrown or laid any Seacole-Ashes Dust Dirt or other Filth with the said Cities and places aforesaid in any place Street Lane or Alley before his her or their own dwelling Houses Buildings or Walls on the penalty of five shillings And it before the Houses Building c. of any of their Neighbours or other Inhabitants of the said Cities or places or before or against any Church Churchyard or any of his Majesties Houses Buildings or Walls or any other publick Houses Buildings c. or cast lay or throw c. into any common or publick Sink Vault Water-course Common-sewer or Highway within the Cities or places c. or any other private Vault or Sink of any of his Neighbours or other Inany Dust Ashes Filth Ordure or other noisome thing whatsoever but shall keep or cause the same to be kept in their respective houses c. until such time as the Raker Scavenger c. or other Officer do come by or near their houses or doors with his Cart Barrow or other thing used for the cleansing of the Streets and carrying away thereof And then shall carry the said Ashes Dust c. out of their houses and deliver it to the Raker Scavenger or Officer or otherwise put the same into his Cart c. upon pain to forfeit twenty shillings for every offence The respective Churehwardens House-keepers of Whitehall or other his Masties houses Housekeepers or Porters of Noblemens houses Ushers or Keepers of the Courts of Justice and all other publick houses and places respectively shall be liable to suffer the like penalties forfeitures and punishments for every like forementioned offences done or suffered to be done before any Church Churchyard or before any of his Majesties houses Noblemens houses Buildings or before any other publick houses or places whatsoever respectively No person shall hoop wash or cleanse any Pipe Barrel or other Cask or Vessel in any the Streets Lanes or other passages aforesaid nor set out any empty Coaches to make or mend or rough Timber or Stones to be sawn or wrought in the Street upon pain of twenty shillings for every offence The Rakers Scavengers and Officers hereunto appointed every day in the week except Sundays and other Holylayes shall bring Carts Dung-pots or other fitting Carriages into all the Streets within their respective Wards Parishes and Divisions where such Carts c. can pass and at or before their approach by Bell Clapper or otherwise shall make loud noise and give notice to the Inhabitants of their coming and so into every Court Alley or place where Carts can pass and abide or stay there a convenient time that all persons concerned may bring forth their respective Ashes Dust c. to the respective Carts c. All which the said Raker Scavengers or Officers shall carry away upon pain of forty shillings for every offence or neglect respectively All the open Streets Lanes and Alleys within the Cities and places aforesaid are to be sufficiently repaired and paved and kept paved and sufficiently repaired at the cost of the Housholders in the said Streets Lanes c. respectively viz. Every Housholder to repair and pave and keep repaired and paved the Streets and Lanes c. before his house unto the Channel or midle of the same Street or Lane c. upon pain of forfeit twenty shillings for every Rod and after that proportion for a less quantity for every default and twenty shillings a week for every week after till it be sufficiently paved and amended Provided such ancient Streets Lanes c. within the said Cities or either of them the Suburbs or Liberties thereof as by custome and usage have been repaired in other manner shall be hereafter repaired paved and amended in such sort by such persons as have used to repair pave and maintain the same under the penalties aforesaid Every Housholder within the said Cities and places aforesaid whose houses adjoyns unto or is next the Street from Michaelmas till our Lady-day yearly shall set or hang out Candles or Lights in Lanthorns or otherwise in some part of his house next the Street to enlighten the same for Passengers from such time as it shall grow dark until nine of the clock in the Evening upon pain of 1. sh for every default Every Justice of either Bench Ba●on of the Exchequer and Justices of ●he Peace of London and Wistminster ●ave power on their own view or proof by one Witness upon Oath to convict persons offending against this Act and to dispose the penalties towards mending and cleansing the Strees if upon proof half to the party informing if uqon conviction by view then the whole to the repairing and cleansing the Streets or Wayes to be levied by Warrant from any Justice under his Hand and Seal directed to the Constable or other Officer of the same Parish by distress and sale of his Goods and for default if no Peer imprisonment until payment Within London and the Liberties thereof the Scavengers Rakers and such like Officers shall be elected and the Rates and Assesments for them for the cleansing of the Streets shall be rated raised and paid by the Parishioners and Inhabitants of every Parish and Precinct according to the ancient custome and usage of the City and all new Messuages Tenements and Houses shall be rated and assessed and pay proportionable with