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
        
      
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             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.
          
           [8], 32, [48], 33-206 p.
           
             Printed for Abel Roper ...,
             London :
             1670.
          
           
             Includes bibliographical references.
             Added t.p. on p. [77]: Whereunto is annexed divers ancient customs, and usages of the said city of London. Newly re-printed. London : Printed for Abel Roper ..., 1670.
             Reproduction of original in Bodleian Library.
          
        
      
    
     
       
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           Customary law -- England -- London.
           Law reports, digests, etc. -- England -- London.
           London (England) -- Charters, grants, privileges.
        
      
    
     
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               REPORTS
               OF
               SPECIAL
               CASES
               Touching
               several
               Customes
               AND
               Liberties
               OF
               The
               City
               of
               LONDON
               .
            
             
               Collected
               by
               Sir
               
                 H.
                 Calthrop
              
               Knight
               ,
               Sometimes
               Recorder
               of
               London
               .
            
             
               Whereunto
               is
               annexed
               divers
               ANCIENT
               CUSTOMES
               AND
               USAGES
               Of
               the
               said
               City
               of
               LONDON
               .
            
             
               LONDON
               :
               Printed
               for
               
                 Abel
                 Roper
              
               ,
               at
               the
               Sun
               St.
               Dunstans
               Church
               in
               Fleetstreet
               ,
               1670.
               
            
          
           
             
             
             
               To
               the
               Right
               Worshipful
               Sir
               
                 THOMAS
                 LOE
              
               ,
               K.
               ALDERMAN
               OF
               The
               City
               of
               LONDON
               .
            
             
               
                 Worthy
                 Sir
                 ,
              
            
             
               BEing
               put
               in
               mind
               of
               that
               saying
               of
               
                 Seneca
                 ,
                 Ingratum
                 sidixeris
                 Omnia
                 dixeris
                 .
              
               And
               having
               a
               desire
               to
               avoid
               that
               Rock
               whereupon
               so
               many
               have
               suffered
               Shipwrack
               ,
               have
               had
               often
               conflicts
               
               within
               my self
               ,
               wherein
               I
               might
               express
               my
               thankfulness
               unto
               you
               ,
               of
               whom
               I
               a
               Stranger
               have
               received
               so
               many
               undeserved
               favours
               ,
               and
               at
               last
               bethought
               my self
               ,
               that
               (
               you
               being
               one
               of
               the
               Noble
               Governours
               of
               this
               famous
               City
               of
               London
               ,
               and
               being
               likewise
               a
               President
               over
               several
               Companies
               of
               Merchants
               in
               it
               )
               a
               Treatise
               concerning
               the
               Customs
               of
               the
               City
               of
               London
               ,
               or
               otherwise
               concerning
               the
               Priviledges
               and
               Immunities
               granted
               unto
               the
               Merchants
               of
               London
               ,
               would
               not
               altogether
               be
               an
               unfitting
               subject
               to
               be
               presented
               unto
               your
               
               view
               ;
               whereupon
               I
               have
               selected
               som
               few
               Cases
               collected
               by
               my self
               ,
               of
               the
               resolution
               of
               the
               Iudges
               ,
               concerning
               some
               Customes
               of
               your
               City
               ,
               and
               some
               Charters
               granted
               unto
               the
               Citizens
               of
               it
               ,
               and
               offered
               them
               unto
               your
               consideration
               ,
               the
               which
               I
               desire
               you
               to
               accept
               as
               a
               pledge
               and
               token
               of
               a
               thankful
               mind
               ,
               howsoever
               they
               in
               themselves
               are
               unworthy
               your
               pains
               to
               be
               taken
               in
               the
               reading
               of
               them
               :
               and
               so
               with
               my
               truest
               wishes
               of
               the
               continuance
               of
               all
               happiness
               unto
               your self
               ,
               your
               thrice
               Noble
               Lady
               ,
               and
               the
               branches
               of
               
               your
               flourishing
               Family
               ,
               I
               take
               my
               leave
               ,
               ever
               resting
               ,
            
             
               
                 
                   From
                   my
                   Chamber
                   in
                   the
                   middle
                   Temple
                   ,
                
                 
                   2
                   Januarii
                   Anno
                   Dom.
                   1661.
                   
                
              
               
                 The
                 affectionate
                 and
                 hearty
                 well-wisher
                 of
                 all
                 good
                 unto
                 you
                 and
                 yours
                 Henry
                 Calthrop
                 .
              
            
          
           
             
             
               The
               Contents
               of
               several
               Cases
               .
            
             
               
                 
                   
                     THe
                     Case
                     of
                     the
                     City
                     of
                     London
                     ,
                     concerning
                     Neusances
                     in
                     stopping
                     up
                     the
                     lights
                     of
                     their
                     Neighbours
                     houses
                     by
                     new
                     Buildings
                  
                   
                     page
                     1
                  
                
                 
                   
                     Touching
                     the
                     custome
                     of
                     Citizens
                     learning
                     that
                     Trade
                     ,
                     whereunto
                     they
                     have
                     been
                     Apprentices
                     seven
                     years
                     ,
                     and
                     betaking
                     themselves
                     to
                     other
                     Trades
                     .
                  
                   
                     9
                  
                
                 
                   
                     The
                     custome
                     of
                     London
                     touching
                     forreign
                     Attachment
                     .
                  
                   
                     27
                  
                
                 
                   
                     The
                     Case
                     concerning
                     the
                     prisage
                     of
                     Citizens
                     Wines
                     .
                  
                   
                      
                  
                
                 
                   
                     The
                     Case
                     concerning
                     repairing
                     of
                     Wharfes
                     and
                     Docks
                     .
                  
                   
                      
                  
                
                 
                   
                     The
                     cuctome
                     of
                     London
                     ,
                     to
                     fine
                     one
                     chosen
                     by
                     the
                     Commons
                     to
                     be
                     Sheriff
                     ,
                     and
                     refusing
                     ,
                     to
                     hold
                     .
                  
                   
                     33
                  
                
                 
                   
                     The
                     Case
                     of
                     Merchant-Adventurers
                     .
                  
                   
                     36
                  
                
                 
                   
                     Certifying
                     Indictments
                     upon
                     Certioraries
                     .
                  
                   
                     42
                  
                
                 
                   
                     Concerning
                     Orphans
                     Portions
                     .
                  
                   
                     46
                  
                
                 
                   
                     The
                     custome
                     in
                     not
                     removing
                     body
                     and
                     cause
                     upon
                     
                       Habeas
                       Corpus
                    
                     .
                  
                   
                     50
                  
                
                 
                   
                     The
                     Case
                     concerning
                     payment
                     of
                     Tythes
                     in
                     London
                     .
                  
                   
                     54
                  
                
                 
                   
                     Divers
                     ancient
                     cuctomes
                     and
                     usages
                     of
                     the
                     of
                     City
                     London
                     .
                  
                   
                     79
                  
                
                 
                   
                     Hust
                     of
                     Pleas
                     of
                     Land.
                     
                  
                   
                     80
                  
                
                 
                 
                   
                     Hustings
                     of
                     Common
                     Pleas.
                     
                  
                   
                     
                       page
                       85
                    
                  
                
                 
                   
                     Assizes
                     of
                     
                       Mort
                       d'
                       ancest
                    
                     in
                     London
                     .
                  
                   
                     94
                  
                
                 
                   
                     Assizes
                     of
                     
                       Novel
                       Dissezen
                    
                     ,
                     called
                     freshforce
                     in
                     London
                     .
                  
                   
                     97
                  
                
                 
                   
                     De
                     curia
                     Majoris
                     London
                     
                       &
                       Custumis
                       Civitatis
                       ejusdem
                       &
                       diversis
                       Cesibus
                       terminalibus
                       in
                       eadem
                       curis
                       .
                    
                  
                   
                     100
                  
                
                 
                   
                     The
                     Commission
                     and
                     Article
                     of
                     the
                     Wardmote
                     Inquest
                     ,
                     by
                     the
                     Mayor
                     .
                  
                   
                     129
                  
                
                 
                   
                     An
                     Act
                     for
                     the
                     reformation
                     of
                     divers
                     abuses
                     used
                     in
                     the
                     Ward-mote
                     Inquests
                     .
                  
                   
                     146
                  
                
                 
                   
                     The
                     Articles
                     of
                     the
                     charge
                     of
                     the
                     Ward-mote
                     Inquest
                     .
                  
                   
                     151
                  
                
                 
                   
                     An
                     Act
                     Parliament
                     for
                     the
                     preservation
                     of
                     the
                     River
                     of
                     Thames
                     .
                  
                   
                     169
                  
                
                 
                   
                     An
                     Act
                     of
                     Common
                     Councel
                     concernidg
                     the
                     conservation
                     and
                     cleansing
                     of
                     the
                     River
                     of
                     Thames
                     .
                  
                   
                     174
                  
                
                 
                   
                     The
                     Oath
                     of
                     the
                     Constables
                     within
                     the
                     City
                     of
                     London
                     .
                  
                   
                     180
                  
                
                 
                   
                     The
                     Oath
                     of
                     the
                     Scavengers
                     .
                  
                   
                     182
                  
                
                 
                   
                     The
                     Oath
                     of
                     every
                     Freeman
                     of
                     this
                     City
                     of
                     London
                     .
                  
                   
                     183
                  
                
                 
                   
                     An
                     Act
                     of
                     Common
                     Council
                     concerning
                     making
                     Freemen
                     of
                     the
                     City
                     ,
                     againct
                     colouring
                     of
                     forreign
                     Goods
                     .
                  
                   
                     185
                  
                
                 
                   
                     The
                     Statutes
                     of
                     the
                     Streets
                     of
                     this
                     City
                     against
                     Annoyances
                     .
                  
                   
                     187
                  
                
                 
                   
                     Old
                     Laws
                     and
                     Customes
                     of
                     this
                     City
                     .
                  
                   
                     196
                  
                
                 
                   
                     By
                     Act
                     of
                     Parliament
                     in
                     
                       14.
                       
                       Car.
                       2.
                    
                     
                  
                   
                     198
                  
                
              
            
          
        
         
           
             
             
               REPORTS
               of
               special
               CASES
               ,
               Touching
               several
               CUSTOMES
               And
               LIBERTIES
               Of
               the
               City
               of
               LONDON
               ,
               &c.
               
            
             
               
                 
                   The
                   Case
                   of
                   the
                   City
                   of
                
                 London
                 concerning
                 Neusans
                 
                   in
                   stopping
                   up
                   the
                   lights
                   of
                   their
                   Neighbours
                   Houses
                   by
                   New-buildings
                   .
                
              
               
                 
                   REginold
                   Hughs
                
                 an
                 Attorney
                 of
                 the
                 Kings
                 Bench
                 being
                 seized
                 in
                 his
                 
                 demesne
                 as
                 of
                 Fee
                 ,
                 of
                 an
                 ancient
                 house
                 
                 in
                 the
                 Parish
                 of
                 Saint
                 Olaves
                 in
                 the
                 
                 Ward
                 of
                 
                   Queen
                   Hithe
                   London
                
                 in
                 the
                 South-Part
                 of
                 which
                 House
                 have
                 been
                 three
                 ancient
                 Lights
                 (
                 time
                 our
                 of
                 mind
                 .
                 )
                 
                   Anthony
                   Keeme
                
                 having
                 taken
                 a
                 Lease
                 for
                 31.
                 years
                 from
                 the
                 Rector
                 and
                 Guardians
                 of
                 the
                 Parish
                 Church
                 of
                 Saint
                 Michael
                 at
                 
                   Queen
                   Hithe
                
                 by
                 Indenture
                 of
                 a
                 rumous
                 house
                 ,
                 and
                 yard
                 next
                 adjoyning
                 unto
                 the
                 said
                 House
                 ,
                 with
                 a
                 Covenant
                 to
                 bestow
                 a
                 100
                 marks
                 at
                 the
                 least
                 upon
                 the
                 repairing
                 or
                 new
                 building
                 of
                 the
                 said
                 House
                 ;
                 doth
                 within
                 two
                 years
                 pull
                 down
                 the
                 said
                 House
                 ,
                 and
                 doth
                 build
                 a
                 new
                 House
                 in
                 the
                 place
                 where
                 the
                 old
                 House
                 stood
                 ,
                 and
                 likewise
                 upon
                 the
                 yard
                 whereby
                 the
                 three
                 ancient
                 Lights
                 on
                 the
                 South-side
                 of
                 ●●●●
                 House
                 are
                 stopt
                 up
                 ,
                 whereupon
                 
                   Reynold
                   Lewes
                
                 doth
                 bring
                 his
                 action
                 upon
                 the
                 case
                 against
                 
                   Anthony
                   Keem
                
                 ,
                 for
                 the
                 stopping
                 up
                 the
                 Lights
                 ;
                 unto
                 which
                 the
                 said
                 Anthony
                 doth
                 plead
                 a
                 special
                 Plea
                 in
                 Bar
                 ,
                 shewing
                 the
                 ruinousness
                 of
                 the
                 House
                 ,
                 and
                 likewise
                 the
                 Lease
                 made
                 by
                 the
                 Rector
                 and
                 Guardians
                 ,
                 and
                 the
                 Covenant
                 comprised
                 within
                 the
                 Lease
                 ,
                 and
                 doth
                 also
                 shew
                 that
                 there
                 is
                 a
                 custom
                 in
                 London
                 ,
                 that
                 if
                 one
                 have
                 an
                 ancient
                 house
                 ,
                 wherein
                 there
                 are
                 
                 ancient
                 Lights
                 ,
                 and
                 one
                 other
                 hath
                 a
                 House
                 adjoyning
                 upon
                 that
                 House
                 ;
                 he
                 that
                 hath
                 the
                 adjoyning
                 House
                 may
                 well
                 enough
                 enhance
                 his
                 House
                 ,
                 or
                 build
                 a
                 new
                 House
                 upon
                 his
                 ground
                 ,
                 and
                 to
                 stop
                 those
                 ancient
                 Lights
                 of
                 the
                 House
                 next
                 adjoyning
                 ,
                 unless
                 there
                 be
                 some
                 writing
                 to
                 the
                 contrary
                 .
                 And
                 he
                 doth
                 aver
                 
                   in
                   facto
                
                 ,
                 that
                 there
                 was
                 no
                 writing
                 to
                 the
                 contrary
                 ,
                 and
                 that
                 he
                 according
                 to
                 the
                 Custome
                 did
                 take
                 down
                 the
                 old
                 House
                 and
                 build
                 a
                 new
                 one
                 upon
                 the
                 same
                 Foundation
                 and
                 upon
                 the
                 Yard
                 opposite
                 unto
                 the
                 said
                 Lights
                 ,
                 whereby
                 they
                 were
                 stopped
                 up
                 ;
                 and
                 upon
                 this
                 Plea
                 in
                 Bar
                 ;
                 the
                 Plaintiff
                 demurreth
                 in
                 Law.
                 
              
               
                 
                   The
                   Questions
                   of
                   this
                   case
                   are
                   .
                
                 
                   First
                   ,
                   whether
                   it
                   be
                   lawful
                   for
                   a
                   man
                   to
                   build
                   a
                   House
                   upon
                   his
                   own
                   Ground
                   ,
                   whereby
                   the
                   Lights
                   of
                   an
                   ancient
                   House
                   are
                   stopped
                   ,
                   there
                   being
                   no
                   Custome
                   to
                   enable
                   him
                   ?
                
                 
                   Secondly
                   ,
                   whether
                   the
                   Custome
                   of
                   London
                   will
                   enable
                   a
                   man
                   to
                   build
                   a
                   new
                   house
                   from
                   the
                   ground
                   ;
                   where
                   no
                   house
                   formerly
                   was
                   ,
                   whereby
                   he
                   may
                   stop
                   the
                   
                   ancient
                   lights
                   of
                   his
                   Neighbours
                   house
                   ?
                
                 
                   Thirdly
                   ,
                   Whether
                   upon
                   an
                   ancient
                   foundation
                   a
                   house
                   may
                   lawfully
                   be
                   enhansed
                   ,
                   so
                   as
                   it
                   shall
                   stop
                   up
                   the
                   light
                   of
                   the
                   Neighbours
                   house
                   adjoyning
                   ?
                
                 
                   As
                   to
                   the
                   first
                   ,
                   it
                   is
                   clear
                   by
                   the
                   opinion
                   
                   of
                   Sir
                   
                     Thomas
                     Flemming
                  
                   ,
                   Chief
                   Justice
                   of
                   the
                   Kings
                   Bench
                   ,
                   Sir
                   
                     Cristopher
                     Yelverton
                  
                   ,
                   Sir
                   
                     David
                     Williams
                  
                   ,
                   and
                   Sir
                   
                     Iohn
                     Crook
                  
                   ,
                   Justices
                   of
                   the
                   Kings
                   Bench
                   ,
                   that
                   there
                   being
                   no
                   custome
                   ,
                   it
                   is
                   not
                   lawful
                   to
                   erect
                   a
                   new
                   house
                   upon
                   a
                   void
                   piece
                   of
                   ground
                   ,
                   whereby
                   the
                   old
                   lights
                   of
                   an
                   ancient
                   house
                   may
                   be
                   stopped
                   up
                   ;
                   for
                   the
                   rule
                   of
                   equity
                   ,
                   and
                   law
                   saith
                   ,
                   
                     Utere
                     tuo
                     ,
                     ut
                     alienum
                     non
                     laedas
                  
                   ;
                   and
                   the
                   light
                   which
                   cometh
                   in
                   by
                   the
                   Windowes
                   ,
                   being
                   an
                   essential
                   part
                   of
                   the
                   
                   House
                   ,
                   by
                   which
                   he
                   hath
                   three
                   great
                   commodities
                   ,
                   that
                   is
                   to
                   say
                   ,
                   Air
                   for
                   his
                   Health
                   ,
                   Light
                   for
                   his
                   profit
                   ,
                   prospect
                   for
                   his
                   pleasure
                   ,
                   may
                   not
                   be
                   taken
                   away
                   no
                   more
                   ,
                   then
                   a
                   part
                   of
                   his
                   House
                   may
                   be
                   pulled
                   down
                   ,
                   whereby
                   to
                   erect
                   the
                   next
                   House
                   adjoyning
                   .
                   And
                   with
                   this
                   resolution
                   agreeth
                   the
                   Case
                   of
                   Eldred
                   reported
                   by
                   Sir
                   
                     Edw.
                     Cook
                  
                   ,
                   in
                   his
                   Ninth
                   Report
                   ,
                   fol.
                   58.
                   where
                   he
                   sheweth
                   the
                   ancient
                   
                   form
                   of
                   the
                   Action
                   upon
                   the
                   
                   case
                   to
                   be
                   
                     quod
                     messuagium
                     horrida
                     tenebritate
                     obscuratum
                     fuit
                  
                   ;
                   but
                   if
                   there
                   be
                   hinderance
                   only
                   of
                   the
                   prospect
                   by
                   the
                   new
                   erected
                   House
                   ,
                   and
                   not
                   of
                   the
                   Air
                   ,
                   
                   not
                   of
                   the
                   light
                   ,
                   then
                   an
                   Action
                   of
                   the
                   case
                   will
                   not
                   lye
                   ,
                   insomuch
                   that
                   the
                   prospect
                   is
                   only
                   a
                   matter
                   of
                   delight
                   ,
                   and
                   not
                   of
                   necessity
                   .
                
                 
                   As
                   to
                   the
                   second
                   ,
                   it
                   was
                   resolved
                   by
                   
                   the
                   opinion
                   of
                   the
                   aforesaid
                   Judges
                   ,
                   that
                   the
                   custome
                   of
                   London
                   will
                   not
                   enable
                   a
                   man
                   to
                   erect
                   a
                   new
                   House
                   upon
                   a
                   void
                   space
                   of
                   ground
                   ,
                   whereby
                   the
                   ancients
                   lights
                   of
                   an
                   old
                   house
                   are
                   stopt
                   up
                   ;
                   for
                   first
                   the
                   owner
                   of
                   the
                   old
                   house
                   having
                   possession
                   of
                   a
                   lawful
                   easment
                   and
                   profit
                   which
                   hath
                   been
                   belonging
                   unto
                   the
                   house
                   by
                   prescription
                   ,
                   time
                   out
                   of
                   mind
                   of
                   man
                   ,
                   may
                   not
                   be
                   prescribed
                   out
                   of
                   it
                   by
                   another
                   thwarting
                   custome
                   which
                   hath
                   been
                   used
                   time
                   out
                   of
                   mind
                   of
                   man
                   ,
                   but
                   the
                   latter
                   custome
                   shall
                   rather
                   be
                   adjudged
                   to
                   be
                   void
                   ,
                   and
                   Prescription
                   against
                   a
                   Prescription
                   will
                   never
                   be
                   allowed
                   by
                   the
                   Law.
                   2.
                   
                   It
                   may
                   well
                   be
                   that
                   before
                   time
                   of
                   memory
                   the
                   owner
                   of
                   the
                   said
                   void
                   piece
                   of
                   ground
                   granted
                   unto
                   the
                   owner
                   of
                   the
                   House
                   ,
                   to
                   have
                   his
                   Windows
                   that
                   way
                   without
                   
                   any
                   stopping
                   of
                   them
                   ,
                   the
                   which
                   being
                   done
                   ,
                   and
                   continued
                   accordingly
                   ,
                   hath
                   begotten
                   a
                   prescription
                   ,
                   the
                   which
                   may
                   not
                   be
                   defeated
                   by
                   the
                   Allegation
                   of
                   a
                   general
                   custome
                   ;
                   and
                   with
                   this
                   resolution
                   doth
                   agree
                   a
                   case
                   adjudged
                   ,
                   Trin.
                   29.
                   
                   
                     Eliz.
                     Rot.
                  
                   253.
                   in
                   the
                   Kings
                   Bench
                   ;
                   whereupon
                   an
                   action
                   upon
                   the
                   case
                   brought
                   by
                   
                     Thomas
                     Bloond
                  
                   against
                   
                     Thomas
                     Mosley
                  
                   ,
                   for
                   erecting
                   of
                   a
                   House
                   in
                   the
                   County
                   of
                   the
                   City
                   of
                   York
                   ,
                   whereby
                   the
                   ancient
                   lights
                   of
                   his
                   House
                   were
                   stopped
                   up
                   :
                   The
                   Desendant
                   did
                   plead
                   a
                   Custome
                   for
                   the
                   City
                   of
                   York
                   ,
                   as
                   there
                   is
                   here
                   for
                   the
                   City
                   of
                   London
                   ,
                   and
                   adjudged
                   that
                   the
                   Custome
                   was
                   naught
                   ,
                   whereupon
                   the
                   Plaintiff
                   had
                   his
                   Judgement
                   :
                   But
                   if
                   the
                   Houses
                   had
                   been
                   new
                   erected
                   Houses
                   ,
                   or
                   otherwise
                   Windowes
                   had
                   been
                   newly
                   made
                   Windows
                   in
                   that
                   ancient
                   House
                   ,
                   the
                   erection
                   of
                   that
                   new
                   House
                   upon
                   that
                   void
                   space
                   of
                   Ground
                   would
                   have
                   been
                   lawful
                   notwithstanding
                   that
                   the
                   Windows
                   and
                   Lights
                   be
                   stopped
                   up
                   ;
                   for
                   it
                   shall
                   not
                   lie
                   in
                   the
                   power
                   of
                   the
                   owner
                   of
                   the
                   ancient
                   House
                   by
                   setting
                   out
                   his
                   new
                   Windows
                   to
                   prevent
                   him
                   ,
                   that
                   hath
                   the
                   void
                   peice
                   of
                   Ground
                   from
                   making
                   the
                   best
                   benefit
                   of
                   it
                   .
                
                 
                 
                   As
                   to
                   the
                   third
                   point
                   ,
                   it
                   was
                   conceived
                   that
                   if
                   the
                   new
                   house
                   be
                   only
                   erected
                   
                   upon
                   the
                   ancient
                   foundation
                   ,
                   without
                   any
                   inlargement
                   either
                   in
                   Longitude
                   or
                   Latitude
                   ,
                   howsoever
                   it
                   be
                   made
                   so
                   high
                   that
                   it
                   ●oppeth
                   up
                   the
                   lights
                   of
                   the
                   old
                   house
                   yet
                   he
                   is
                   not
                   subject
                   unto
                   any
                   action
                   ,
                   because
                   the
                   law
                   authorizeth
                   a
                   man
                   to
                   build
                   as
                   high
                   as
                   he
                   may
                   upon
                   an
                   ancient
                   Foundation
                   ,
                   and
                   it
                   is
                   no
                   reason
                   to
                   foreclose
                   a
                   man
                   from
                   making
                   his
                   house
                   convenient
                   unto
                   his
                   estate
                   and
                   degree
                   by
                   building
                   up
                   higher
                   ,
                   when
                   there
                   is
                   no
                   other
                   impediment
                   ,
                   but
                   only
                   some
                   windowes
                   which
                   are
                   built
                   out
                   over
                   his
                   house
                   ;
                   and
                   agreeing
                   to
                   this
                   ,
                   seemeth
                   the
                   old
                   book
                   of
                   4.
                   
                   E.
                   3.
                   150.
                   to
                   be
                   where
                   an
                   Assize
                   of
                   Nusans
                   was
                   brought
                   for
                   erecting
                   his
                   house
                   so
                   high
                   ,
                   that
                   the
                   light
                   of
                   the
                   Plaintiff
                   in
                   the
                   next
                   adjoyning
                   house
                   was
                   disturbed
                   by
                   it
                   ,
                   and
                   the
                   Plaintiff
                   upon
                   the
                   opinion
                   of
                   Herl
                   ,
                   Chief
                   Justice
                   ,
                   did
                   not
                   proceed
                   in
                   the
                   Assize
                   ,
                   but
                   let
                   it
                   fall
                   to
                   the
                   ground
                   ;
                   but
                   if
                   the
                   new
                   builded
                   house
                   exceeded
                   the
                   ancient
                   foundation
                   ,
                   whereby
                   that
                   excess
                   is
                   the
                   cause
                   of
                   stopping
                   up
                   of
                   lights
                   ,
                   then
                   is
                   he
                   subject
                   unto
                   the
                   action
                   of
                   him
                   whose
                   light
                   is
                   stopped
                   up
                   ,
                   as
                   it
                   may
                   appear
                   by
                   
                   22.
                   
                   H.
                   6.
                   25.
                   
                   And
                   in
                   the
                   case
                   at
                   the
                   Bar
                   ,
                   Judgement
                   was
                   given
                   for
                   the
                   Plaintiff
                   ,
                   because
                   he
                   had
                   brought
                   his
                   action
                   for
                   building
                   of
                   a
                   new
                   House
                   upon
                   a
                   void
                   piece
                   of
                   ground
                   ,
                   by
                   which
                   his
                   Windows
                   were
                   stopt
                   up
                   .
                   And
                   Keeme
                   the
                   Defendant
                   only
                   justifieth
                   by
                   the
                   Custome
                   ,
                   the
                   erection
                   of
                   the
                   House
                   upon
                   an
                   old
                   Foundation
                   ,
                   and
                   upon
                   the
                   void
                   piece
                   of
                   ground
                   ,
                   the
                   which
                   is
                   not
                   any
                   answer
                   at
                   all
                   unto
                   that
                   which
                   the
                   Plaintiff
                   layeth
                   unto
                   the
                   charge
                   of
                   the
                   Defendant
                   .
                
              
            
             
               
               
                 Touching
                 the
                 Custome
                 of
                 Citizens
                 leaving
                 that
                 Trade
                 whereunto
                 they
                 have
                 been
                 Apprentices
                 seven
                 years
                 ,
                 and
                 betaking
                 themselves
                 to
                 other
                 Trades
                 .
              
               
                 
                   IOhn
                   Tolley
                
                 having
                 been
                 an
                 Apprentice
                 
                 in
                 London
                 by
                 the
                 space
                 of
                 seven
                 years
                 unto
                 a
                 Wool-Packer
                 ,
                 after
                 the
                 seven
                 years
                 expired
                 ,
                 is
                 made
                 a
                 Freeman
                 of
                 London
                 ;
                 afterwards
                 he
                 leaveth
                 the
                 Trade
                 of
                 a
                 Wool-Packer
                 ,
                 and
                 betaketh
                 himself
                 to
                 the
                 Trade
                 of
                 an
                 Vpholster
                 ,
                 and
                 doth
                 exercise
                 that
                 Trade
                 by
                 many
                 years
                 ,
                 whereupon
                 one
                 
                   Thomas
                   Allen
                
                 an
                 Informer
                 ,
                 doth
                 exhibit
                 an
                 Information
                 in
                 the
                 Court
                 of
                 the
                 Mayor
                 of
                 London
                 ,
                 as
                 well
                 for
                 the
                 King
                 as
                 for
                 himself
                 ,
                 upon
                 the
                 branch
                 of
                 the
                 Statute
                 made
                 in
                 the
                 fifth
                 year
                 of
                 the
                 late
                 Queen
                 Elizabeth
                 
                 cap.
                 4.
                 whereby
                 it
                 is
                 enacted
                 ,
                 
                   That
                   after
                   the
                   first
                   day
                   of
                
                 May
                 
                   next
                   ensuing
                   it
                   shall
                   not
                   be
                   lawful
                   unto
                   any
                   person
                   or
                   persons
                   ,
                   other
                   than
                   such
                   as
                   now
                   do
                   lawfully
                   use
                   ,
                   or
                   exercise
                   any
                   art
                   ,
                   Mystery
                   ,
                   or
                   manual
                   occupation
                   ,
                   to
                   set
                   up
                   ,
                
                 &c.
                 
                   any
                   such
                   occupation
                
                 
                 
                   now
                   used
                   or
                   occupied
                   within
                   the
                   Realm
                   of
                
                 England
                 ,
                 or
                 Wales
                 ,
                 
                   except
                   he
                   shall
                   have
                   been
                   brought
                   up
                   seven
                   years
                   at
                   the
                   least
                   as
                   an
                   Apprentice
                   in
                   manner
                   and
                   form
                   aforesaid
                   ,
                   nor
                   to
                   set
                   any
                   person
                   on
                   work
                   in
                   such
                   Mystery
                   ,
                   Art
                   ,
                   or
                   Occupation
                   ,
                   being
                   not
                   a
                   Workman
                   at
                   this
                   day
                   ,
                   except
                   he
                   shall
                   have
                   been
                   an
                   Apprentice
                   as
                   aforesaid
                   ,
                   or
                   else
                   having
                   served
                   as
                   an
                   Apprentice
                   as
                   is
                   aforesaid
                   ,
                   shall
                   or
                   will
                   become
                   a
                   Iourney-man
                   or
                   hired
                   by
                   the
                   year
                   upon
                   pain
                   that
                   every
                   person
                   willingly
                   offending
                   or
                   doing
                   the
                   contrary
                   ,
                   shall
                   forfeit
                   and
                   lose
                   for
                   every
                   default
                   fourty
                   shillings
                   for
                   every
                   moneth
                   .
                
                 And
                 he
                 sheweth
                 ,
                 that
                 
                   Iohn
                   Tolly
                
                 the
                 now
                 Defendant
                 hath
                 exercised
                 the
                 trade
                 of
                 an
                 Upholster
                 by
                 the
                 space
                 of
                 fourty
                 moneths
                 ,
                 whereas
                 he
                 was
                 never
                 an
                 Apprentice
                 to
                 that
                 trade
                 by
                 the
                 space
                 of
                 seven
                 years
                 ;
                 contrary
                 unto
                 the
                 aforesaid
                 Statute
                 ,
                 whereby
                 the
                 said
                 
                   Thomas
                   Allen
                
                 doth
                 demand
                 the
                 forfeiture
                 of
                 eighty
                 pound
                 unto
                 the
                 King
                 and
                 himself
                 ,
                 whereof
                 he
                 the
                 said
                 Allen
                 doth
                 require
                 the
                 one
                 moyety
                 ,
                 according
                 to
                 the
                 form
                 of
                 the
                 said
                 Statute
                 .
                 And
                 this
                 Information
                 
                 being
                 removed
                 out
                 of
                 the
                 Court
                 of
                 the
                 Mayor
                 of
                 London
                 by
                 Certiorari
                 into
                 the
                 Kings
                 Bench
                 ,
                 the
                 said
                 
                   Iohn
                   Tolley
                
                 doth
                 
                 plead
                 a
                 special
                 Plea
                 in
                 Bar
                 ,
                 shewing
                 ,
                 that
                 there
                 is
                 a
                 custome
                 of
                 London
                 which
                 hath
                 been
                 used
                 time
                 out
                 of
                 mind
                 of
                 man
                 ,
                 
                   That
                   every
                   Citizen
                   and
                   Freeman
                   of
                
                 London
                 ,
                 
                   which
                   hath
                   been
                   an
                   Appretice
                   in
                
                 London
                 
                   unto
                   any
                   trade
                   by
                   the
                   space
                   of
                   seven
                   years
                   ,
                   may
                   lawfully
                   and
                   well
                   relinquish
                   that
                   trade
                   ,
                   and
                   exercise
                   any
                   other
                   trade
                   at
                   his
                   will
                   and
                   pleasure
                   .
                
                 And
                 sheweth
                 further
                 ,
                 
                   That
                   all
                   the
                   Customes
                   of
                
                 London
                 
                   were
                   confirmed
                   by
                   K.
                
                 R.
                 2.
                 
                   in
                   the
                   Parliament
                   holden
                   in
                   the
                   seventh
                   year
                   of
                   his
                   Raign
                   .
                
                 And
                 averteth
                 ,
                 That
                 he
                 had
                 served
                 one
                 in
                 the
                 Trade
                 of
                 a
                 Wool-Packer
                 ,
                 as
                 an
                 Apprentice
                 ,
                 by
                 the
                 space
                 of
                 seven
                 years
                 ,
                 and
                 that
                 he
                 was
                 a
                 Citizen
                 and
                 a
                 Freeman
                 of
                 London
                 ,
                 and
                 that
                 he
                 did
                 relinquish
                 the
                 trade
                 of
                 a
                 Wool-Packer
                 ,
                 and
                 betook
                 himself
                 to
                 the
                 trade
                 of
                 an
                 Upholster
                 ,
                 as
                 lawful
                 it
                 was
                 for
                 him
                 to
                 do
                 ;
                 and
                 so
                 he
                 demandeth
                 the
                 Judgment
                 of
                 the
                 Court
                 if
                 this
                 Information
                 against
                 him
                 will
                 lie
                 ;
                 and
                 upon
                 this
                 Plea
                 in
                 Bar
                 ,
                 the
                 said
                 
                   Thomas
                   Allen
                
                 doth
                 demur
                 in
                 Law.
                 
              
               
                 
                 
                   The
                   Questions
                   in
                   the
                   Case
                   were
                   these
                   .
                
                 
                   1.
                   
                   Whether
                   the
                   custome
                   of
                   relinquishing
                   one
                   Trade
                   ,
                   after
                   that
                   he
                   hath
                   been
                   an
                   Apprentice
                   by
                   the
                   space
                   of
                   seven-years
                   ,
                   and
                   betaking
                   himself
                   to
                   another
                   Trade
                   ,
                   wherein
                   he
                   hath
                   not
                   been
                   an
                   Apprentice
                   ,
                   be
                   good
                   or
                   no
                   ?
                
                 
                   2.
                   
                   Whether
                   it
                   may
                   be
                   taken
                   as
                   a
                   custome
                   or
                   no
                   ,
                   or
                   whether
                   it
                   shall
                   be
                   said
                   to
                   be
                   the
                   Common
                   Law
                   of
                   the
                   Realm
                   ,
                   and
                   so
                   the
                   Allegation
                   of
                   it
                   ,
                   as
                   a
                   custome
                   ,
                   nought
                   ?
                
                 
                   3.
                   
                   Whether
                   the
                   Statute
                   of
                   the
                   Confirmation
                   of
                   the
                   
                     Customes
                     of
                     London
                  
                   ,
                   made
                   in
                   the
                   seventh
                   of
                   R.
                   2.
                   as
                   it
                   is
                   pleaded
                   ,
                   shall
                   be
                   taken
                   to
                   be
                   an
                   Act
                   of
                   Parliament
                   ,
                   or
                   only
                   a
                   Confirmation
                   made
                   by
                   the
                   Letters
                   Pattents
                   of
                   the
                   King
                   in
                   Parliament
                   ?
                
                 
                   4.
                   
                   Whether
                   the
                   branch
                   of
                   the
                   statute
                   of
                   5.
                   
                   
                     Eliz.
                     cap.
                  
                   4.
                   being
                   in
                   the
                   Negative
                   ,
                   inhibit
                   all
                   men
                   to
                   exercise
                   the
                   trade
                   when
                   they
                   have
                   not
                   been
                   Apprentice
                   seven
                   years
                   thereunto
                   ,
                   is
                   a
                   Controlment
                   of
                   the
                   custome
                   of
                   London
                   ,
                   which
                   can
                   receive
                   no
                   support
                   by
                   the
                   Statute
                   of
                   confirmations
                   ?
                   and
                   whether
                   that
                   custom
                   
                   shall
                   stand
                   good
                   in
                   opposition
                   of
                   that
                   branch
                   ?
                
                 
                   5.
                   
                   Whether
                   the
                   trade
                   of
                   an
                   Vpholstor
                   be
                   a
                   Trade
                   restrained
                   by
                   the
                   Statute
                   of
                   5.
                   
                   Eliz.
                   so
                   as
                   
                     Iohn
                     Tolley
                  
                   may
                   exercise
                   it
                   ,
                   
                   notwithstanding
                   that
                   he
                   hath
                   not
                   been
                   an
                   Apprentice
                   to
                   it
                   by
                   the
                   space
                   of
                   seven
                   years
                   ,
                   according
                   to
                   the
                   course
                   of
                   the
                   Common
                   Law
                   ?
                
                 
                   6.
                   
                   Whether
                   the
                   Court
                   of
                   the
                   Mayor
                   of
                   London
                   be
                   such
                   a
                   Court
                   of
                   Record
                   ,
                   as
                   that
                   an
                   Information
                   may
                   be
                   exhibited
                   there
                   ?
                
                 
                   7.
                   
                   Whether
                   a
                   Moyety
                   may
                   be
                   demanded
                   of
                   this
                   Forfeiture
                   by
                   the
                   Informer
                   ,
                   when
                   as
                   a
                   Proviso
                   in
                   the
                   Stat.
                   of
                   5.
                   
                   Eliz.
                   4.
                   doth
                   appoint
                   the
                   levying
                   ,
                   gathering
                   ,
                   and
                   receiving
                   of
                   such
                   Forfeiture
                   as
                   falls
                   in
                   a
                   City
                   or
                   Town
                   Corporate
                   to
                   the
                   Mayor
                   ,
                   or
                   other
                   head
                   Officers
                   ,
                   to
                   the
                   use
                   and
                   maintenance
                   of
                   the
                   same
                   City
                   or
                   Town
                   Corporate
                   ?
                
                 
                   As
                   to
                   the
                   first
                   Question
                   ,
                   Which
                   is
                   the
                   lawfulness
                   of
                   the
                   custome
                   ,
                   it
                   was
                   agreed
                   to
                   be
                   good
                   ;
                   for
                   it
                   might
                   have
                   a
                   reasonable
                   construction
                   ,
                   beginning
                   ,
                   and
                   just
                   cause
                   ,
                   for
                   the
                   putting
                   of
                   it
                   in
                   Execution
                   ,
                   insomuch
                   that
                   London
                   being
                   a
                   famous
                   City
                   for
                   traffique
                   and
                   commerce
                   ,
                   
                   cannot
                   but
                   sometimes
                   have
                   Merchants
                   and
                   Tradesmen
                   in
                   it
                   ,
                   who
                   by
                   misadventure
                   of
                   Pyrates
                   or
                   Shipwrack
                   in
                   the
                   Seas
                   ,
                   or
                   by
                   conffiscation
                   of
                   their
                   Goods
                   in
                   Forraign
                   Countries
                   abroad
                   ,
                   o●
                   by
                   casu●lties
                   of
                   Fire
                   ,
                   &c.
                   at
                   home
                   ,
                   have
                   their
                   Estates
                   sunk
                   ,
                   whereby
                   they
                   are
                   not
                   able
                   for
                   want
                   of
                   Stock
                   and
                   Meane●
                   to
                   continue
                   that
                   course
                   of
                   Merchandizing
                   and
                   Trade
                   wherein
                   they
                   have
                   been
                   brought
                   up
                   there
                   being
                   great
                   Stocks
                   and
                   sums
                   of
                   money
                   requisite
                   for
                   the
                   continning
                   of
                   it
                   ,
                   whereupon
                   they
                   are
                   forc'd
                   to
                   leave
                   that
                   course
                   ,
                   and
                   betake
                   themselves
                   to
                   some
                   other
                   Trade
                   proportionable
                   to
                   that
                   means
                   which
                   they
                   have
                   left
                   .
                   And
                   it
                   were
                   lamentable
                   ,
                   that
                   wher●
                   inevitable
                   casualties
                   have
                   disabled
                   a
                   man
                   to
                   proceed
                   in
                   that
                   course
                   wherin
                   he
                   was
                   brought
                   up
                   ,
                   he
                   now
                   should
                   not
                   be
                   permitted
                   to
                   acquire
                   his
                   living
                   by
                   any
                   other
                   Trade
                   .
                   Also
                   it
                   may
                   be
                   ,
                   that
                   the
                   Trade
                   whereunto
                   he
                   was
                   an
                   Apprentice
                   ,
                   requireth
                   great
                   labour
                   and
                   strength
                   of
                   body
                   ,
                   as
                   the
                   Trade
                   of
                   a
                   Smith
                   ,
                   Carpenter
                   ,
                   and
                   such
                   like
                   ,
                   and
                   that
                   through
                   sickness
                   or
                   other
                   disasters
                   befaln
                   him
                   ,
                   he
                   is
                   become
                   infirm
                   in
                   body
                   ,
                   and
                   weak
                   in
                   strength
                   ,
                   whereby
                   he
                   is
                   not
                   able
                   to
                   use
                   
                   that
                   Trade
                   .
                   Now
                   to
                   deba●
                   him
                   of
                   all
                   other
                   Trades
                   ,
                   which
                   are
                   more
                   be
                   fitting
                   his
                   crazy
                   body
                   ,
                   were
                   somwhat
                   unreasonable
                   .
                   Wherefore
                   to
                   meet
                   with
                   these
                   inconveniencies
                   ,
                   and
                   to
                   give
                   incouragement
                   unto
                   the
                   Citizens
                   and
                   Freemen
                   of
                   London
                   this
                   Custome
                   of
                   relinquishing
                   the
                   Trade
                   whereunto
                   they
                   have
                   been
                   Apprentices
                   by
                   the
                   space
                   of
                   seven
                   years
                   ,
                   and
                   betaking
                   themselves
                   unto
                   another
                   Trade
                   ,
                   hath
                   had
                   a
                   perpetual
                   allowance
                   ,
                   and
                   being
                   grounded
                   upon
                   so
                   good
                   reason
                   still
                   hath
                   its
                   continuance
                   ,
                   and
                   may
                   not
                   any
                   wayes
                   be
                   called
                   in
                   question
                   for
                   the
                   unreasonableness
                   of
                   it
                   .
                
                 
                   As
                   to
                   the
                   second
                   question
                   scil
                   .
                   Whether
                   the
                   Allegation
                   of
                   it
                   as
                   Custome
                   in
                   
                   London
                   that
                   every
                   Citizen
                   and
                   Freeman
                   of
                   London
                   may
                   relinquish
                   his
                   Trade
                   wherein
                   he
                   hath
                   been
                   an
                   Apprentice
                   by
                   the
                   space
                   of
                   seven
                   years
                   ,
                   and
                   exercise
                   another
                   Trade
                   or
                   no
                   ,
                   be
                   warrantable
                   by
                   the
                   Rules
                   of
                   Law
                   or
                   no
                   ,
                   insomuch
                   that
                   before
                   the
                   Stat.
                   of
                   5.
                   
                   Eliz.
                   4.
                   which
                   restraineth
                   it
                   ,
                   it
                   was
                   lawful
                   for
                   every
                   man
                   to
                   use
                   what
                   Trade
                   he
                   would
                   ,
                   although
                   he
                   had
                   not
                   been
                   an
                   Apprentice
                   by
                   the
                   space
                   of
                   seven
                   years
                   :
                   And
                   then
                   it
                   being
                   the
                   Common
                   Law
                   of
                   the
                   
                   Realm
                   that
                   a
                   man
                   might
                   use
                   any
                   Trade
                   ,
                   although
                   he
                   had
                   not
                   been
                   an
                   Apprentice
                   for
                   seven
                   years
                   ,
                   it
                   may
                   not
                   be
                   alledged
                   by
                   way
                   of
                   custome
                   in
                   London
                   ,
                   but
                   it
                   ought
                   to
                   have
                   been
                   shewed
                   ,
                   as
                   the
                   custome
                   of
                   the
                   Realm
                   ,
                   for
                   that
                   which
                   is
                   the
                   Common
                   Law
                   of
                   the
                   Realm
                   ,
                   is
                   the
                   custome
                   of
                   the
                   Realm
                   ?
                   It
                   was
                   answered
                   
                   and
                   agreed
                   ,
                   That
                   as
                   this
                   custom
                   was
                   alledged
                   in
                   this
                   information
                   ,
                   the
                   allegation
                   of
                   it
                   was
                   warrantable
                   in
                   the
                   Law
                   ,
                   and
                   it
                   may
                   well
                   be
                   said
                   to
                   be
                   a
                   custome
                   before
                   the
                   Stat.
                   of
                   5.
                   
                   Eliz.
                   For
                   first
                   .
                
                 
                   The
                   custome
                   is
                   restrained
                   to
                   a
                   Citizen
                   
                   and
                   Freeman
                   of
                   London
                   ,
                   so
                   as
                   he
                   that
                   is
                   not
                   a
                   Citizen
                   and
                   Freeman
                   may
                   not
                   enjoy
                   the
                   benefit
                   of
                   this
                   custome
                   ,
                   and
                   it
                   being
                   restrictive
                   of
                   the
                   Common
                   Law
                   which
                   giveth
                   power
                   unto
                   all
                   ,
                   as
                   well
                   Freemen
                   as
                   Citizens
                   ,
                   to
                   exercise
                   what
                   Trade
                   they
                   will
                   ,
                   standeth
                   well
                   in
                   custome
                   ,
                   and
                   may
                   well
                   be
                   alledged
                   by
                   way
                   of
                   custome
                   .
                
                 
                   This
                   is
                   alledged
                   to
                   be
                   the
                   custome
                   
                   of
                   London
                   ,
                   and
                   so
                   is
                   tyed
                   to
                   a
                   particular
                   place
                   ;
                   and
                   howsoever
                   it
                   may
                   be
                   the
                   Common
                   Law
                   of
                   the
                   Realm
                   in
                   other
                   places
                   ,
                   yet
                   in
                   London
                   ,
                   which
                   is
                   for
                   the
                   
                   most
                   part
                   governed
                   by
                   their
                   particular
                   Customes
                   ,
                   it
                   may
                   well
                   be
                   said
                   a
                   Custom
                   ,
                   and
                   so
                   the
                   Plea
                   in
                   Bar
                   good
                   enough
                   ,
                   as
                   to
                   this
                   exception
                   .
                
                 
                   As
                   to
                   the
                   fourth
                   Question
                   ,
                   soil
                   .
                   Whether
                   the
                   branch
                   of
                   the
                   Statute
                   of
                   5.
                   
                   Eliz.
                   
                   4.
                   be
                   a
                   repeal
                   and
                   controul
                   of
                   the
                   Custome
                   of
                   London
                   concerning
                   the
                   exercise
                   of
                   a
                   Trade
                   where
                   he
                   hath
                   not
                   been
                   an
                   Apprentice
                   by
                   the
                   space
                   of
                   seven
                   years
                   ?
                
                 
                   It
                   was
                   resolved
                   that
                   the
                   Custome
                   of
                   London
                   was
                   of
                   force
                   ,
                   and
                   was
                   not
                   any
                   wayes
                   controuled
                   by
                   that
                   branch
                   .
                
                 
                   First
                   ,
                   In
                   regard
                   that
                   this
                   being
                   a
                   particular
                   Custome
                   used
                   in
                   London
                   ,
                   the
                   general
                   
                   words
                   of
                   the
                   branch
                   of
                   that
                   Stat●
                   shall
                   not
                   be
                   taken
                   to
                   extend
                   to
                   the
                   repeal
                   of
                   it
                   :
                   For
                   so
                   much
                   regard
                   is
                   to
                   be
                   given
                   unto
                   that
                   City
                   ,
                   being
                   
                     Camera
                     Regis
                  
                   ,
                   and
                   as
                   dear
                   to
                   him
                   as
                   the
                   Apple
                   of
                   his
                   Eye
                   ,
                   that
                   the
                   Customes
                   of
                   that
                   place
                   shall
                   not
                   be
                   overthrown
                   by
                   the
                   extent
                   of
                   general
                   words
                   ,
                   where
                   there
                   is
                   no
                   particular
                   provision
                   for
                   it
                   ,
                   might
                   tend
                   to
                   a
                   great
                   derogation
                   of
                   the
                   City
                   ,
                   and
                   likewise
                   might
                   be
                   very
                   prejudicial
                   to
                   the
                   Commonwealth
                   ,
                   when
                   as
                   the
                   ill-affectedness
                   of
                   this
                   City
                   being
                   the
                   chief
                   member
                   
                   of
                   this
                   politique
                   body
                   ,
                   cannot
                   but
                   make
                   all
                   the
                   other
                   members
                   to
                   be
                   partakers
                   of
                   thei
                   ll
                   disposition
                   of
                   it
                   .
                   And
                   upon
                   this
                   reason
                   it
                   is
                   ,
                   that
                   before
                   such
                   time
                   as
                   the
                   Stat.
                   of
                   R.
                   2.
                   was
                   thought
                   of
                   ,
                   it
                   was
                   holden
                   that
                   the
                   Stat.
                   
                     De
                     Religiosis
                  
                   ,
                   otherwise
                   called
                   the
                   Statute
                   of
                   Mortmain
                   ,
                   made
                   in
                   the
                   seventh
                   of
                   the
                   Reign
                   of
                   E.
                   1.
                   which
                   did
                   make
                   a
                   general
                   restraint
                   from
                   disposing
                   of
                   lands
                   in
                   Mortmain
                   ,
                   did
                   never
                   extend
                   unto
                   the
                   repeal
                   of
                   the
                   custome
                   of
                   London
                   ,
                   which
                   did
                   enable
                   those
                   that
                   were
                   Citizens
                   and
                   Freemen
                   of
                   London
                   to
                   devise
                   their
                   lands
                   in
                   Mortmain
                   ,
                   as
                   before
                   .
                
                 
                   Secondly
                   ,
                   The
                   City
                   of
                   London
                   ,
                   and
                   
                   the
                   custome
                   therein
                   used
                   ,
                   being
                   the
                   example
                   and
                   patern
                   which
                   the
                   Statute
                   of
                   5.
                   
                   Eliz.
                   in
                   some
                   parts
                   of
                   it
                   doth
                   require
                   should
                   be
                   followed
                   ,
                   as
                   in
                   that
                   branch
                   ,
                   wherein
                   provision
                   is
                   made
                   ,
                   that
                   every
                   person
                   being
                   an
                   housholder
                   ,
                   and
                   twenty
                   four
                   years
                   old
                   at
                   the
                   least
                   ,
                   dwelling
                   or
                   inhabiting
                   ,
                   or
                   which
                   shall
                   dwell
                   or
                   inhabit
                   in
                   a
                   City
                   or
                   Town
                   Corporate
                   ,
                   and
                   use
                   or
                   exercise
                   any
                   art
                   ,
                   mystery
                   ,
                   or
                   manual
                   occupation
                   ,
                   shall
                   and
                   may
                   yet
                   have
                   and
                   retain
                   the
                   Son
                   of
                   any
                   Freeman
                   not
                   occupying
                   Husbandry
                   ,
                   &c.
                   to
                   serve
                   .
                   
                   and
                   be
                   bound
                   as
                   an
                   Apprentice
                   ,
                   after
                   the
                   custome
                   and
                   order
                   of
                   the
                   City
                   of
                   London
                   for
                   seven
                   years
                   at
                   the
                   least
                   .
                   It
                   seemeth
                   that
                   the
                   intent
                   of
                   the
                   makers
                   of
                   that
                   Statute
                   ,
                   was
                   rather
                   to
                   confirm
                   ;
                   than
                   repeal
                   the
                   customes
                   of
                   London
                   ,
                   for
                   it
                   would
                   never
                   make
                   the
                   custome
                   of
                   London
                   to
                   be
                   the
                   example
                   which
                   ought
                   to
                   be
                   persued
                   ,
                   if
                   it
                   had
                   had
                   an
                   intention
                   to
                   repeal
                   it
                   .
                   And
                   by
                   the
                   same
                   reason
                   ,
                   that
                   the
                   custome
                   of
                   London
                   shall
                   not
                   be
                   comprehended
                   within
                   the
                   general
                   words
                   of
                   one
                   branch
                   of
                   the
                   Statute
                   ,
                   the
                   general
                   words
                   of
                   another
                   branch
                   shall
                   not
                   be
                   extended
                   unto
                   them
                   .
                
                 
                   Thirdly
                   ,
                   it
                   is
                   to
                   be
                   observed
                   ,
                   that
                   the
                   
                   Statute
                   of
                   5.
                   
                   Eliz.
                   hath
                   a
                   proviso
                   ,
                   That
                   this
                   Act
                   ,
                   nor
                   any
                   thing
                   therein
                   contained
                   or
                   mentioned
                   shall
                   not
                   be
                   prejudicial
                   or
                   hurtful
                   unto
                   the
                   Cities
                   of
                   London
                   and
                   Norwich
                   or
                   to
                   the
                   lawful
                   Liberties
                   ,
                   usages
                   ,
                   customes
                   ,
                   or
                   priviledges
                   of
                   the
                   same
                   Cities
                   .
                   And
                   howsoever
                   it
                   speaketh
                   ,
                   only
                   concerning
                   the
                   having
                   or
                   taking
                   of
                   Apprentices
                   ,
                   yet
                   by
                   the
                   whole
                   scope
                   of
                   the
                   Statute
                   ,
                   which
                   maketh
                   the
                   customes
                   of
                   London
                   to
                   be
                   their
                   directions
                   in
                   many
                   things
                   enacted
                   by
                   that
                   Statute
                   ,
                   it
                   appeareth
                   ,
                   that
                   the
                   intent
                   was
                   to
                   preserve
                   the
                   
                   Customes
                   of
                   London
                   ,
                   and
                   not
                   any
                   ways
                   to
                   abolish
                   them
                   .
                   For
                   it
                   should
                   be
                   very
                   mischievous
                   to
                   the
                   City
                   ,
                   and
                   would
                   endanger
                   the
                   subversion
                   and
                   decay
                   of
                   it
                   ;
                   if
                   all
                   Acts
                   of
                   Parliament
                   by
                   their
                   general
                   words
                   should
                   stretch
                   to
                   repeal
                   the
                   customs
                   of
                   London
                   ,
                   in
                   Case
                   where
                   they
                   are
                   somewhat
                   opposite
                   unto
                   the
                   Statute
                   .
                
                 
                   Fourthly
                   ,
                   upon
                   the
                   matter
                   ,
                   there
                   must
                   be
                   a
                   repeal
                   of
                   the
                   Statute
                   of
                   
                     Magna
                     Charta
                  
                   ,
                   
                   cap.
                   9.
                   which
                   confirmes
                   all
                   the
                   Customes
                   of
                   London
                   ,
                   the
                   which
                   shall
                   not
                   be
                   done
                   by
                   general
                   words
                   in
                   a
                   Statute
                   ,
                   because
                   it
                   hath
                   been
                   so
                   often-times
                   confirmed
                   .
                
                 
                   As
                   to
                   the
                   Fifth
                   Question
                   ,
                   scil
                   .
                   Whether
                   the
                   Trade
                   of
                   an
                   Upholster
                   be
                   a
                   Trade
                   
                   restrained
                   within
                   the
                   Statute
                   of
                   5.
                   
                   
                     Eliz.
                     cap.
                  
                   4.
                   
                   So
                   that
                   none
                   can
                   exercise
                   it
                   ,
                   but
                   he
                   that
                   hath
                   been
                   an
                   Apprentice
                   by
                   the
                   space
                   of
                   seven
                   years
                   ?
                
                 
                   It
                   was
                   agreed
                   and
                   resolved
                   ,
                   That
                   an
                   Upholster
                   is
                   not
                   a
                   Trade
                   within
                   that
                   Stat.
                   For
                   first
                   it
                   is
                   not
                   a
                   trade
                   that
                   is
                   mentioned
                   in
                   any
                   of
                   the
                   branches
                   of
                   the
                   Statute
                   ,
                   
                   howsoever
                   in
                   all
                   parts
                   of
                   the
                   Statute
                   there
                   is
                   mention
                   made
                   of
                   sixty
                   one
                   several
                   trades
                   and
                   mysteries
                   .
                   And
                   if
                   the
                   Arti●ans
                   which
                   at
                   that
                   time
                   were
                   Assistants
                   
                   unto
                   the
                   Commitees
                   for
                   the
                   expressing
                   of
                   all
                   manner
                   of
                   Trades
                   ,
                   and
                   thought
                   that
                   the
                   Trade
                   of
                   an
                   Vpholster
                   had
                   been
                   such
                   a
                   Trade
                   that
                   required
                   Art
                   and
                   Skill
                   for
                   the
                   exercising
                   of
                   it
                   ,
                   they
                   would
                   not
                   have
                   failed
                   to
                   make
                   mention
                   of
                   it
                   .
                   Secondly
                   ,
                   there
                   having
                   been
                   two
                   former
                   
                   Acts
                   of
                   Parliament
                   ,
                   that
                   is
                   to
                   say
                   ,
                   the
                   Statute
                   of
                   7.
                   
                   H.
                   7.
                   cap.
                   17.
                   and
                   5.
                   
                   Ed.
                   6.
                   cap.
                   23.
                   made
                   concerning
                   Vpholsters
                   ,
                   it
                   was
                   not
                   necessary
                   that
                   mention
                   should
                   be
                   made
                   of
                   it
                   in
                   this
                   Statute
                   ,
                   and
                   so
                   it
                   shall
                   be
                   intended
                   that
                   there
                   was
                   purposely
                   an
                   omission
                   made
                   of
                   an
                   Vpholster
                   ,
                   because
                   there
                   was
                   sufficient
                   Provision
                   made
                   for
                   him
                   formerly
                   .
                   Thirdly
                   ,
                   the
                   Trade
                   of
                   an
                   Vpholster
                   doth
                   not
                   require
                   any
                   Art
                   or
                   
                   Skill
                   for
                   the
                   exercising
                   of
                   it
                   ,
                   inasmuch
                   as
                   he
                   hath
                   all
                   things
                   made
                   to
                   his
                   hand
                   ,
                   and
                   it
                   is
                   only
                   to
                   dispose
                   them
                   in
                   order
                   after
                   such
                   time
                   as
                   they
                   are
                   brought
                   to
                   him
                   ,
                   as
                   the
                   Ticks
                   of
                   his
                   Beds
                   he
                   borroweth
                   from
                   a
                   Weaver
                   ,
                   the
                   Frames
                   of
                   his
                   Beds
                   and
                   Stooles
                   from
                   the
                   Joyners
                   and
                   Turners
                   ,
                   his
                   Iron-Rods
                   and
                   Nailes
                   from
                   the
                   Smith
                   ,
                   his
                   guilding
                   ,
                   and
                   setting
                   forth
                   and
                   adorning
                   of
                   his
                   Beds
                   and
                   Stools
                   from
                   the
                   Guilder
                   and
                   Painter
                   ;
                   and
                   so
                   he
                   is
                   like
                   to
                   Aesops
                   Bird
                   ,
                   which
                   borroweth
                   
                   of
                   every
                   Bird
                   a
                   feather
                   ,
                   his
                   art
                   resting
                   meerly
                   in
                   the
                   overseeing
                   and
                   disposition
                   of
                   such
                   things
                   which
                   other
                   men
                   work
                   ,
                   and
                   in
                   the
                   putting
                   of
                   feathers
                   into
                   a
                   tick
                   ,
                   and
                   sowing
                   them
                   up
                   when
                   he
                   hath
                   done
                   ,
                   the
                   which
                   one
                   that
                   hath
                   been
                   an
                   Apprentice
                   unto
                   it
                   but
                   seven
                   days
                   is
                   able
                   to
                   perform
                   .
                   And
                   the
                   intent
                   of
                   this
                   Statute
                   was
                   not
                   to
                   extend
                   unto
                   any
                   other
                   trades
                   ,
                   but
                   such
                   as
                   required
                   Art
                   and
                   Skill
                   for
                   the
                   managing
                   of
                   them
                   :
                   and
                   therefore
                   it
                   was
                   adjudged
                   in
                   the
                   Exchequer
                   upon
                   an
                   information
                   against
                   one
                   in
                   the
                   42
                   ,
                   year
                   of
                   the
                   Reign
                   of
                   the
                   late
                   Queen
                   Eliz.
                   that
                   a
                   Coster-monger
                   was
                   not
                   a
                   Trade
                   intended
                   by
                   the
                   Statute
                   of
                   5.
                   
                   Eliz.
                   because
                   his
                   art
                   was
                   in
                   the
                   selling
                   of
                   Apples
                   ,
                   the
                   which
                   required
                   no
                   skill
                   or
                   experience
                   for
                   the
                   exercise
                   of
                   it
                   .
                   So
                   an
                   Husbandman
                   ,
                   Tankard-bearer
                   ,
                   Brick-maker
                   ,
                   Porter
                   ,
                   Miller
                   ,
                   and
                   such
                   like
                   Trades
                   ,
                   are
                   not
                   within
                   the
                   Statute
                   of
                   5.
                   
                   
                     Eliz.
                     cap.
                  
                   4.
                   so
                   as
                   none
                   may
                   exercise
                   them
                   ,
                   but
                   such
                   a
                   one
                   that
                   hath
                   been
                   an
                   Apprentice
                   by
                   the
                   space
                   of
                   seven
                   years
                   ;
                   for
                   they
                   are
                   arts
                   which
                   require
                   rather
                   abillity
                   of
                   body
                   than
                   skill
                   :
                   But
                   a
                   Brewer
                   and
                   Baker
                   are
                   within
                   the
                   Statute
                   ,
                   because
                   it
                   concerneth
                   the
                   health
                   of
                   mens
                   
                   bodies
                   to
                   have
                   good
                   Bread
                   baked
                   ,
                   and
                   Beer
                   b●ewed
                   ,
                   and
                   so
                   it
                   is
                   fit
                   that
                   they
                   should
                   have
                   skil
                   for
                   the
                   exercise
                   of
                   them
                   .
                
                 
                   Fourthly
                   ,
                   an
                   Upholster
                   being
                   no
                   such
                   
                   Trade
                   within
                   the
                   Stat.
                   of
                   5.
                   
                   Eliz.
                   as
                   may
                   compel
                   one
                   to
                   be
                   an
                   Apprentice
                   unto
                   him
                   for
                   the
                   space
                   of
                   seven
                   years
                   ;
                   for
                   it
                   is
                   not
                   mentioned
                   within
                   that
                   branch
                   that
                   concerneth
                   the
                   compelling
                   of
                   men
                   to
                   be
                   Apprentices
                   .
                   It
                   is
                   not
                   any
                   such
                   trade
                   as
                   is
                   within
                   that
                   branch
                   ,
                   which
                   compelleth
                   men
                   to
                   be
                   Apprentices
                   for
                   the
                   space
                   of
                   seven
                   years
                   ,
                   before
                   such
                   time
                   as
                   they
                   can
                   exercise
                   it
                   ;
                   for
                   none
                   shall
                   be
                   within
                   the
                   branch
                   that
                   restraineth
                   men
                   to
                   exercise
                   their
                   trades
                   ,
                   where
                   they
                   have
                   not
                   bin
                   Apprentices
                   by
                   the
                   space
                   of
                   seven
                   years
                   ;
                   but
                   such
                   as
                   are
                   within
                   that
                   other
                   branch
                   ,
                   to
                   compel
                   men
                   to
                   be
                   Apprentices
                   unto
                   them
                   by
                   the
                   space
                   of
                   7.
                   years
                   .
                   
                
                 
                   As
                   to
                   the
                   sixth
                   Question
                   ,
                   which
                   is
                   ;
                   whether
                   the
                   Court
                   of
                   the
                   Mayor
                   of
                   London
                   be
                   such
                   a
                   Court
                   of
                   Record
                   ,
                   as
                   an
                   information
                   may
                   be
                   exhibited
                   in
                   it
                   upon
                   this
                   Statute
                   of
                   the
                   5.
                   of
                   
                     Eliz.
                     cap
                  
                   4
                   ?
                
                 
                   It
                   was
                   answered
                   and
                   resolved
                   ,
                   that
                   it
                   
                   was
                   .
                   For
                   it
                   is
                   expressed
                   by
                   precise
                   terms
                   ,
                   in
                   one
                   of
                   the
                   last
                   branches
                   of
                   the
                   said
                   Statute
                   ,
                   That
                   the
                   said
                   Mayor
                   ,
                   or
                   other
                   
                   Head-Officers
                   of
                   the
                   Cities
                   or
                   Towns
                   Corporate
                   ,
                   shall
                   have
                   full
                   power
                   and
                   authority
                   to
                   hear
                   and
                   determine
                   all
                   and
                   every
                   offence
                   and
                   offences
                   ,
                   that
                   shall
                   be
                   committed
                   or
                   done
                   against
                   this
                   Statute
                   ,
                   or
                   against
                   any
                   branch
                   thereof
                   ,
                   as
                   well
                   upon
                   Indictment
                   to
                   be
                   taken
                   before
                   them
                   in
                   the
                   Sessions
                   of
                   the
                   Peace
                   ,
                   as
                   upon
                   Informatio●●
                   Action
                   of
                   Debt
                   ,
                   or
                   Bill
                   or
                   Complaint
                   to
                   be
                   sued
                   or
                   exhibited
                   by
                   any
                   person
                   ,
                   and
                   shall
                   and
                   may
                   by
                   vertue
                   thereof
                   make
                   process
                   against
                   the
                   Defendant
                   ,
                   and
                   award
                   Execution
                   ,
                   as
                   in
                   any
                   other
                   case
                   they
                   lawfully
                   may
                   by
                   any
                   the
                   Laws
                   and
                   Statutes
                   of
                   this
                   Realm
                   ,
                   and
                   the
                   Presidents
                   have
                   been
                   alwayes
                   accordingly
                   .
                   For
                   in
                   the
                   44.
                   year
                   of
                   the
                   late
                   Queen
                   Eliz.
                   an
                   Information
                   was
                   exhibited
                   by
                   one
                   Robinson
                   against
                   Toby
                   ,
                   in
                   the
                   Mayors
                   Court
                   of
                   London
                   ,
                   because
                   he
                   exercised
                   the
                   Trade
                   of
                   a
                   
                     Cutler
                     ▪
                  
                   where
                   he
                   had
                   not
                   been
                   an
                   Apprentice
                   by
                   the
                   space
                   of
                   seven
                   years
                   ,
                   and
                   allowed
                   to
                   be
                   well
                   exhibited
                   .
                   So
                   in
                   the
                   Case
                   \l
                   =
                   o
                   ▪
                   \f
                   one
                   Banister
                   ,
                   and
                   Information
                   exhibited
                   in
                   that
                   Court
                   ,
                   because
                   he
                   had
                   exercised
                   the
                   Trade
                   of
                   a
                   Weaver
                   ,
                   where
                   he
                   had
                   not
                   been
                   Apprentice
                   by
                   the
                   space
                   of
                   seven
                   years
                   ,
                   was
                   admitted
                   good
                   .
                
                 
                 
                   As
                   to
                   the
                   seventh
                   Question
                   ,
                   which
                   is
                   ,
                   
                   Whether
                   the
                   Informer
                   may
                   demand
                   the
                   Moyety
                   of
                   the
                   forfeitures
                   upon
                   this
                   Statute
                   ,
                   because
                   in
                   a
                   branch
                   in
                   the
                   latter
                   end
                   of
                   the
                   Statute
                   ,
                   it
                   is
                   enacted
                   ,
                   
                     That
                     all
                     manner
                     of
                     Amerciaments
                     ,
                     Fines
                     ,
                     Issues
                     ,
                     and
                     Forfeitures
                     ,
                     which
                     shall
                     arise
                     ,
                     grow
                     ,
                     or
                     come
                     by
                     reason
                     of
                     any
                     offences
                     ,
                     or
                     defaults
                     mentioned
                     in
                     this
                     Act
                     or
                     any
                     branch
                     thereof
                     ,
                     within
                     any
                     City
                     or
                     Town
                     Corporate
                     ,
                     shall
                     be
                     levied
                     ,
                     gathered
                     ,
                     and
                     received
                     by
                     any
                     person
                     or
                     persons
                     of
                     the
                     same
                     City
                     ,
                     or
                     Town
                     Corporate
                     ,
                     as
                     shall
                     be
                     appointed
                     by
                     the
                     Mayor
                     ,
                     or
                     other
                     Head
                     Officers
                     mentioned
                     in
                     this
                     Act
                     ,
                     to
                     the
                     use
                     and
                     maintenance
                     of
                     the
                     same
                     City
                     or
                     Town
                     ,
                  
                   in
                   such
                   case
                   and
                   condition
                   as
                   any
                   other
                   Amerciaments
                   ,
                   Fines
                   ,
                   Issues
                   ,
                   or
                   Forfeitures
                   ,
                   have
                   been
                   used
                   to
                   belevied
                   ,
                   or
                   imployed
                   within
                   the
                   same
                   City
                   or
                   Town
                   Corporate
                   ,
                   by
                   reason
                   of
                   any
                   Grant
                   or
                   Charter
                   from
                   the
                   Queens
                   Majesty
                   that
                   now
                   is
                   ,
                   or
                   any
                   her
                   Graces
                   Noble
                   Progenitours
                   ,
                   made
                   or
                   granted
                   to
                   the
                   same
                   City
                   ,
                   Burrough
                   ,
                   or
                   Town
                   Corporate
                   ,
                   any
                   thing
                   ,
                   or
                   clause
                   before
                   mentioned
                   or
                   expressed
                   to
                   the
                   contrary
                   notwithstanding
                   ?
                
                 
                   It
                   was
                   answered
                   and
                   resolved
                   ,
                   That
                   the
                   Informer
                   might
                   well
                   demand
                   a
                   Moyety
                   ;
                   
                   
                   for
                   there
                   being
                   a
                   former
                   branch
                   ,
                   that
                   enacted
                   ,
                   that
                   the
                   one
                   half
                   of
                   all
                   forfeitures
                   and
                   penalties
                   expested
                   and
                   mentioned
                   in
                   this
                   Act
                   other
                   than
                   such
                   as
                   are
                   expresly
                   otherways
                   appointed
                   ,
                   shall
                   be
                   to
                   our
                   Soveraign
                   Lady
                   the
                   Queens
                   Majesty
                   ,
                   her
                   Heirs
                   ,
                   and
                   Successors
                   ,
                   and
                   the
                   other
                   moyety
                   to
                   him
                   or
                   them
                   that
                   shall
                   sue
                   for
                   the
                   same
                   in
                   any
                   of
                   the
                   Queens
                   Majesties
                   Courts
                   of
                   Record
                   or
                   before
                   any
                   of
                   the
                   Jus●i●es
                   of
                   Oyer
                   and
                   Terminer
                   ,
                   or
                   before
                   any
                   other
                   Justices
                   or
                   Presidents
                   and
                   Councel
                   before
                   remembred
                   ,
                   by
                   action
                   of
                   Debt
                   ,
                   Information
                   ,
                   Bill
                   of
                   Complaint
                   or
                   otherwise
                   :
                   The
                   Informer
                   may
                   demand
                   his
                   Moyety
                   ,
                   by
                   vertue
                   of
                   this
                   branch
                   ;
                   and
                   the
                   subsequent
                   branch
                   which
                   gives
                   the
                   Forfeitures
                   unto
                   the
                   Mayor
                   ,
                   shall
                   be
                   taken
                   only
                   of
                   the
                   forfeitures
                   which
                   are
                   given
                   to
                   the
                   Queen
                   ,
                   and
                   not
                   of
                   that
                   which
                   is
                   given
                   to
                   the
                   Informer
                   ,
                   who
                   is
                   the
                   means
                   whereby
                   the
                   other
                   Moyety
                   is
                   brought
                   to
                   the
                   Mayor
                   ,
                   and
                   other
                   Officers
                   .
                
              
            
             
               
               
                 
                   The
                   Custome
                   of
                
                 London
                 
                   Touching
                   Forreign
                   Attachment
                
                 .
              
               
                 
                   IOhn
                   Tenant
                
                 a
                 Citizen
                 of
                 London
                 ,
                 is
                 indebted
                 fourty
                 pound
                 by
                 specialty
                 
                 unto
                 one
                 other
                 Citizen
                 of
                 London
                 ,
                 the
                 which
                 said
                 Citizen
                 is
                 likewise
                 indebted
                 unto
                 one
                 
                   Robert
                   Haydon
                
                 ,
                 another
                 Citizen
                 of
                 London
                 in
                 fourty
                 pounds
                 upon
                 a
                 simple
                 contract
                 .
                 The
                 Citizen
                 so
                 indebted
                 unto
                 Haydon
                 died
                 intestate
                 .
                 
                   Thomas
                   Spink
                
                 taketh
                 Letters
                 of
                 administration
                 of
                 the
                 goods
                 and
                 chattels
                 of
                 the
                 said
                 intestate
                 .
                 Tenant
                 after
                 the
                 day
                 of
                 payment
                 of
                 his
                 fourty
                 pounds
                 promiseth
                 Spink
                 in
                 consideration
                 that
                 he
                 will
                 forbear
                 him
                 the
                 payment
                 of
                 the
                 said
                 fourty
                 pounds
                 ,
                 by
                 the
                 space
                 of
                 two
                 months
                 to
                 pay
                 to
                 Spink
                 the
                 said
                 fourty
                 pounds
                 .
              
               
                 Spink
                 forbeareth
                 Tenant
                 accordingly
                 ,
                 but
                 the
                 fourty
                 pounds
                 is
                 not
                 paid
                 according
                 to
                 promise
                 .
              
               
                 Afterwards
                 the
                 debt
                 due
                 by
                 Tenant
                 ,
                 is
                 attached
                 in
                 his
                 hands
                 according
                 to
                 the
                 custome
                 of
                 London
                 of
                 Forreign
                 Attachments
                 for
                 the
                 debt
                 due
                 by
                 the
                 intestate
                 unto
                 
                   Haydon
                   ,
                   Spink
                
                 bringeth
                 his
                 action
                 
                 upon
                 the
                 case
                 against
                 Tenant
                 ,
                 for
                 not
                 paying
                 the
                 40.
                 pounds
                 according
                 to
                 his
                 word
                 who
                 sheweth
                 in
                 his
                 Plea
                 in
                 Bar
                 ,
                 That
                 the
                 Debt
                 due
                 by
                 him
                 unto
                 the
                 Intestate
                 was
                 attached
                 according
                 to
                 the
                 custome
                 of
                 Forreign
                 Attachments
                 .
                 And
                 upon
                 this
                 Plea
                 in
                 Bar
                 ,
                 Spink
                 demurreth
                 in
                 Law.
                 
              
               
                 
                   The
                   Questions
                   in
                   this
                   Case
                   are
                   ,
                
                 
                   1.
                   
                   Whether
                   this
                   Debt
                   of
                   the
                   Intestate
                   being
                   only
                   a
                   Debt
                   due
                   upon
                   a
                   simple
                   Contract
                   ,
                   be
                   such
                   a
                   Debt
                   of
                   which
                   a
                   Forreign
                   Attachment
                   may
                   be
                   made
                   according
                   to
                   the
                   custome
                   of
                   London
                   ?
                
                 
                   2.
                   
                   Whether
                   the
                   custome
                   of
                   forreign
                   Attachments
                   may
                   hold
                   in
                   this
                   Case
                   ,
                   Inasmuch
                   as
                   by
                   the
                   Statute
                   made
                   in
                   An
                   31.
                   
                   
                     Ed.
                     cap.
                  
                   the
                   name
                   of
                   Administrators
                   was
                   created
                   ,
                   and
                   before
                   that
                   Statute
                   
                     Lettars
                     of
                     Administration
                  
                   were
                   never
                   granted
                   ?
                
                 
                   3.
                   
                   Whether
                   there
                   being
                   a
                   Forreign
                   Attachment
                   of
                   the
                   Debt
                   due
                   unto
                   the
                   Intestate
                   ,
                   after
                   the
                   not
                   performing
                   of
                   the
                   promise
                   ,
                   and
                   Title
                   of
                   action
                   given
                   unto
                   Spink
                   the
                   Plaintiff
                   ,
                   be
                   a
                   dispensation
                   with
                   the
                   promise
                   ,
                   so
                   as
                   now
                   
                   the
                   action
                   faileth
                   upon
                   the
                   promise
                   for
                   not
                   paying
                   the
                   money
                   .
                
                 
                   As
                   to
                   the
                   first
                   Question
                   ,
                   which
                   is
                   ,
                   
                   Whether
                   for
                   the
                   debt
                   ,
                   being
                   a
                   debt
                   due
                   only
                   upon
                   a
                   simple
                   contract
                   ,
                   a
                   forreign
                   Attachment
                   may
                   be
                   used
                   or
                   no
                   ?
                
                 
                   It
                   was
                   agreed
                   and
                   resolved
                   ,
                   that
                   a
                   forreign
                   Attachment
                   might
                   well
                   be
                   sued
                   for
                   it
                   :
                   For
                   by
                   the
                   custome
                   of
                   London
                   ,
                   the
                   Executor
                   or
                   Administrator
                   being
                   chargeable
                   for
                   a
                   debt
                   due
                   by
                   the
                   Testator
                   ,
                   or
                   Intestate
                   upon
                   a
                   simple
                   contract
                   ,
                   as
                   well
                   as
                   upon
                   a
                   specialty
                   ,
                   a
                   Forreign
                   Attachment
                   may
                   be
                   sued
                   as
                   well
                   for
                   that
                   debt
                   ,
                   as
                   for
                   a
                   debt
                   due
                   upon
                   Specialty
                   .
                   And
                   howsoever
                   the
                   
                     Kings
                     Bench
                  
                   ,
                   or
                   any
                   other
                   Court
                   of
                   Westminster
                   ,
                   be
                   not
                   bound
                   to
                   take
                   notice
                   of
                   this
                   particular
                   custome
                   of
                   London
                   in
                   charging
                   the
                   Executors
                   ,
                   or
                   Administrators
                   upon
                   the
                   simple
                   Contract
                   ,
                   nor
                   to
                   give
                   judgement
                   according
                   to
                   the
                   custome
                   yet
                   when
                   judgment
                   hath
                   been
                   given
                   according
                   to
                   that
                   custome
                   ,
                   and
                   that
                   judgement
                   appeareth
                   judicially
                   unto
                   the
                   Judges
                   by
                   the
                   Record
                   :
                   Now
                   they
                   ought
                   to
                   allow
                   the
                   custome
                   ,
                   and
                   give
                   their
                   judgement
                   
                   according
                   to
                   that
                   custome
                   in
                   affirmance
                   of
                   the
                   judgment
                   given
                   in
                   London
                   .
                   But
                   it
                   was
                   agreed
                   ,
                   that
                   if
                   there
                   had
                   
                   not
                   been
                   any
                   debt
                   due
                   by
                   the
                   Intestate
                   unto
                   Haydon
                   ;
                   Now
                   howsoever
                   there
                   had
                   been
                   an
                   Attachment
                   made
                   in
                   London
                   of
                   the
                   debt
                   due
                   by
                   Spink
                   unto
                   the
                   Intestate
                   ,
                   and
                   a
                   judgement
                   given
                   upon
                   it
                   ,
                   yet
                   might
                   the
                   Administrator
                   have
                   relieved
                   himself
                   by
                   way
                   of
                   Denial
                   ,
                   and
                   Traverse
                   that
                   there
                   had
                   been
                   any
                   debt
                   due
                   by
                   the
                   Intestate
                   unto
                   Haydon
                   .
                
                 
                   As
                   to
                   the
                   second
                   Question
                   ,
                   which
                   is
                   ,
                   
                   Whether
                   the
                   custome
                   of
                   Forreign
                   Attachments
                   in
                   London
                   may
                   hold
                   as
                   this
                   Case
                   is
                   ?
                
                 
                   It
                   was
                   agreed
                   and
                   resolved
                   ,
                   That
                   it
                   may
                   and
                   doth
                   well
                   enough
                   hold
                   .
                   For
                   howsoever
                   that
                   none
                   was
                   charge
                   able
                   at
                   the
                   Common
                   Law
                   by
                   the
                   name
                   of
                   an
                   Administrator
                   ,
                   inasmuch
                   as
                   by
                   the
                   Statute
                   of
                   31.
                   
                   Ed.
                   3.
                   cap.
                   No
                   accusation
                   lay
                   against
                   an
                   Administrator
                   by
                   that
                   name
                   ;
                   And
                   that
                   
                     A
                     custome
                     may
                     not
                     commence
                     since
                     the
                     making
                     of
                     that
                     Statute
                  
                   ;
                   yet
                   inasmuch
                   as
                   he
                   was
                   chargable
                   at
                   the
                   Common
                   Law
                   as
                   an
                   Executor
                   for
                   his
                   Administration
                   
                   so
                   that
                   the
                   name
                   of
                   the
                   charge
                   is
                   only
                   changed
                   ,
                   and
                   yet
                   in
                   substance
                   is
                   all
                   one
                   (
                   For
                   every
                   Executor
                   is
                   an
                   Administrator
                   and
                   the
                   pleading
                   is
                   upon
                   an
                   action
                   brought
                   against
                   an
                   Executor
                   ,
                   that
                   he
                   never
                   was
                   Executor
                   ,
                   nor
                   ever
                   administred
                   as
                   an
                   Executor
                   .
                   And
                   an
                   Administrator
                   hath
                   the
                   quality
                   and
                   office
                   of
                   an
                   Executor
                   .
                   )
                   Therefore
                   the
                   custom
                   of
                   Forreign
                   Attachments
                   will
                   hold
                   against
                   an
                   Administrator
                   ,
                   as
                   well
                   as
                   against
                   an
                   Executor
                   .
                
                 
                   As
                   to
                   the
                   third
                   Question
                   which
                   is
                   ,
                   Whether
                   the
                   Forreign
                   Attachment
                   for
                   
                   the
                   debt
                   due
                   unto
                   the
                   Intestate
                   after
                   the
                   promise
                   broken
                   be
                   such
                   a
                   dispensation
                   with
                   the
                   promise
                   ,
                   that
                   no
                   Action
                   now
                   lieth
                   for
                   the
                   Administrator
                   upon
                   the
                   breach
                   of
                   the
                   promise
                   ?
                
                 
                   It
                   was
                   agreed
                   and
                   resolved
                   ,
                   that
                   the
                   promise
                   was
                   dispensed
                   with
                   ,
                   and
                   no
                   action
                   lay
                   upon
                   the
                   breach
                   of
                   it
                   ;
                   for
                   the
                   debt
                   due
                   by
                   Tenant
                   unto
                   the
                   Intestate
                   ;
                   which
                   was
                   the
                   ground
                   ,
                   and
                   cause
                   of
                   the
                   promise
                   made
                   unto
                   Spink
                   :
                   the
                   Plaintiff
                   is
                   taken
                   away
                   by
                   the
                   judgement
                   had
                   in
                   London
                   upon
                   the
                   custome
                   of
                   Forreign
                   
                   Attachments
                   ,
                   
                     Et
                     sublato
                     fundamento
                     fallit
                     opus
                  
                   .
                   And
                   therefore
                   if
                   after
                   the
                   promise
                   broken
                   there
                   had
                   been
                   a
                   Recovery
                   had
                   of
                   the
                   principal
                   debt
                   by
                   the
                   Plaintiff
                   as
                   Administrator
                   ,
                   or
                   otherwise
                   ,
                   there
                   had
                   been
                   a
                   Release
                   made
                   unto
                   the
                   Defendant
                   .
                   Now
                   the
                   Action
                   upon
                   the
                   Case
                   upon
                   the
                   promise
                   would
                   have
                   failed
                   ,
                   inasmuch
                   as
                   the
                   debt
                   ,
                   which
                   was
                   the
                   consideration
                   ,
                   and
                   ground
                   of
                   the
                   promise
                   is
                   gone
                   ,
                   and
                   so
                   the
                   dampnification
                   which
                   he
                   should
                   have
                   had
                   by
                   not
                   performance
                   of
                   the
                   promise
                   faileth
                   .
                
                 
                   And
                   agreeing
                   to
                   this
                   resolution
                   was
                   the
                   Case
                   of
                   one
                   Bardeston
                   ,
                   and
                   Humfry
                   
                   cited
                   to
                   be
                   adjudged
                   ,
                   whereupon
                   an
                   accompt
                   ,
                   he
                   that
                   was
                   found
                   in
                   Arrearges
                   upon
                   a
                   consideration
                   of
                   forbearance
                   by
                   one
                   moneth
                   ,
                   promiseth
                   payment
                   of
                   them
                   .
                   And
                   those
                   Arrerages
                   thus
                   due
                   being
                   attached
                   in
                   the
                   hands
                   of
                   the
                   Accomptant
                   after
                   the
                   promise
                   broken
                   ;
                   It
                   was
                   held
                   that
                   no
                   Action
                   might
                   afterwards
                   be
                   maintained
                   upon
                   the
                   breach
                   of
                   promise
                   .
                
              
            
             
               
               
                 The
                 Case
                 concerning
                 the
                 Prisage
                 of
                 Wine
                 .
              
               
                 KIng
                 Edward
                 the
                 third
                 in
                 the
                 first
                 year
                 of
                 his
                 Reign
                 
                 doth
                 by
                 his
                 Letters
                 Patents
                 bearing
                 date
                 the
                 same
                 time
                 ,
                 grant
                 unto
                 the
                 Mayor
                 and
                 Commonalty
                 of
                 London
                 ,
                 that
                 no
                 prisage
                 shall
                 be
                 of
                 any
                 of
                 the
                 Wines
                 of
                 the
                 Citizens
                 of
                 London
                 .
                 But
                 they
                 shall
                 be
                 free
                 ,
                 and
                 discharged
                 
                 from
                 the
                 payment
                 of
                 all
                 manner
                 of
                 Prisage
                 .
                 
                   George
                   Hanger
                
                 being
                 a
                 Citizen
                 ,
                 and
                 Freeman
                 of
                 London
                 ;
                 and
                 Resient
                 within
                 the
                 City
                 ,
                 fraughteth
                 four
                 several
                 Ships
                 with
                 Merchandize
                 to
                 be
                 transported
                 beyond
                 the
                 Seas
                 ,
                 the
                 which
                 four
                 Ships
                 being
                 disburdened
                 of
                 the
                 said
                 Merchandize
                 are
                 laden
                 with
                 Wines
                 .
                 Two
                 of
                 the
                 Ships
                 came
                 up
                 the
                 Thames
                 at
                 London
                 ,
                 and
                 before
                 any
                 unbulking
                 of
                 them
                 ,
                 
                   George
                   Hanger
                
                 maketh
                 
                   Frances
                   Hanger
                
                 being
                 his
                 wife
                 his
                 Executrix
                 ,
                 and
                 dieth
                 .
                 Afterwards
                 the
                 other
                 two
                 Ships
                 came
                 up
                 to
                 London
                 .
                 Sir
                 
                   Thomas
                   Waller
                
                 
                 being
                 cheif
                 Butler
                 of
                 the
                 King
                 by
                 virtue
                 of
                 Letters
                 Patents
                 made
                 unto
                 him
                 ,
                 Demandeth
                 the
                 payment
                 of
                 Prisage
                 of
                 the
                 said
                 
                   Frances
                   Hanger
                
                 for
                 the
                 Wines
                 in
                 the
                 said
                 four
                 Ships
                 ,
                 that
                 is
                 to
                 say
                 :
                 To
                 
                 have
                 of
                 every
                 of
                 the
                 Ships
                 one
                 Tun
                 before
                 the
                 Mast
                 ,
                 and
                 one
                 other
                 Tun
                 behind
                 the
                 Mast
                 .
                 She
                 denieth
                 the
                 payment
                 of
                 it
                 ;
                 whereupon
                 the
                 said
                 Sir
                 
                   Thomas
                   Waller
                
                 as
                 chief
                 Butler
                 exhibiteth
                 his
                 Information
                 into
                 the
                 Kings
                 Bench
                 against
                 the
                 said
                 
                   Frances
                   Hanger
                
                 .
                 Whereunto
                 the
                 said
                 Frances
                 pleadeth
                 a
                 special
                 Plea
                 in
                 Barre
                 ,
                 shewing
                 the
                 whole
                 matter
                 as
                 abovesaid
                 opon
                 which
                 Sir
                 
                   Thomas
                   Waller
                
                 demurreth
                 in
                 Law.
                 
              
               
                 
                   The
                   Questions
                   of
                   this
                   case
                   are
                   two
                   .
                
                 
                   The
                   first
                   is
                   ,
                   whether
                   for
                   the
                   Wines
                   which
                   came
                   up
                   the
                   Thames
                   in
                   the
                   two
                   Ships
                   before
                   the
                   death
                   of
                   
                     George
                     Hanger
                  
                   ,
                   any
                   Prisage
                   ought
                   to
                   be
                   paid
                   unto
                   the
                   King
                   or
                   not
                   ?
                
                 
                   The
                   second
                   is
                   ,
                   whether
                   any
                   Prisage
                   ought
                   to
                   be
                   paid
                   for
                   the
                   Wines
                   ,
                   which
                   were
                   upon
                   the
                   Sea
                   in
                   the
                   Ships
                   before
                   the
                   death
                   of
                   the
                   said
                   
                     George
                     Hanger
                  
                   but
                   came
                   not
                   up
                   the
                   Thames
                   until
                   after
                   the
                   death
                   of
                   
                     George
                     Hanger
                  
                   ?
                
                 
                 
                   The
                   case
                   was
                   argued
                   at
                   several
                   times
                   by
                   Sir
                   
                     Henry
                     Mountague
                  
                   Knight
                   ,
                   then
                   Recorder
                   of
                   London
                   ,
                   now
                   Lord
                   chief
                   Justice
                   of
                   the
                   Kings
                   Bench
                   ,
                   
                     Thomas
                     Coventry
                  
                   
                   then
                   Utter
                   Barister
                   now
                   Solicitor
                   General
                   unto
                   his
                   Majesty
                   ,
                   and
                   
                     Francis
                     Mingay
                  
                   an
                   Utter
                   Barister
                   of
                   the
                   Inner
                   Temple
                   on
                   the
                   behalf
                   of
                   
                     Frances
                     Hanger
                  
                   and
                   by
                   
                     Henry
                     Yelverton
                  
                   then
                   an
                   Apprentice
                   of
                   the
                   Law
                   of
                   Graies-Inn
                   ,
                   and
                   now
                   Attorney
                   General
                   unto
                   his
                   Majesty
                   ,
                   
                   and
                   
                     Thomas
                     Crew
                  
                   of
                   the
                   same
                   Inn
                   likewise
                   an
                   Apprentice
                   of
                   the
                   Law
                   on
                   the
                   part
                   of
                   Sir
                   
                     Thomas
                     Waller
                  
                   .
                
                 
                   Likewise
                   it
                   was
                   argued
                   at
                   several
                   times
                   
                   by
                   the
                   Judges
                   of
                   the
                   Kings
                   Bench
                   ,
                   that
                   is
                   to
                   say
                   ,
                   first
                   by
                   Sir
                   
                     Thomas
                     Fleming
                  
                   Chief
                   Justice
                   of
                   the
                   Kings
                   Bench
                   ,
                   Sir
                   
                     Christopher
                     Yelverton
                  
                   ,
                   Sir
                   
                     David
                     Williams
                  
                   ,
                   and
                   Sir
                   
                     Iohn
                     Crook
                  
                   ,
                   and
                   afterwards
                   by
                   Sir
                   
                     Edward
                     Cook
                  
                   Chief
                   Justice
                   of
                   the
                   Kings
                   Bench
                   ,
                   Sir
                   
                     Iohn
                     Crook
                  
                   ,
                   Sir
                   
                     Iohn
                     Dodridge
                  
                   and
                   Sir
                   
                     Robert
                     Houghton
                  
                   .
                
                 
                   And
                   Sir
                   
                     Edward
                     Crook
                  
                   ,
                   Sir
                   Christopher
                   
                   Yelverton
                   ,
                   Sir
                   
                     David
                     Williams
                  
                   ,
                   and
                   Sir
                   
                     Iohn
                     Dodridge
                  
                   were
                   of
                   opinion
                   ,
                   that
                   judgement
                   ought
                   to
                   be
                   given
                   for
                   
                     Frances
                     Hanger
                  
                   ,
                   against
                   Sir
                   
                     Thomas
                     Waller
                  
                   ;
                   for
                   they
                   conceived
                   upon
                   the
                   reasons
                   
                   following
                   ,
                   that
                   no
                   Prisage
                   ought
                   to
                   be
                   paid
                   ,
                   neither
                   for
                   the
                   Ships
                   that
                   came
                   in
                   after
                   the
                   death
                   of
                   
                     George
                     Hanger
                  
                   ,
                   nor
                   for
                   the
                   Ships
                   that
                   came
                   in
                   before
                   the
                   death
                   of
                   
                     George
                     Hanger
                  
                   ,
                   but
                   they
                   all
                   were
                   to
                   be
                   discharged
                   of
                   the
                   payment
                   of
                   Prisage
                   by
                   vertue
                   of
                   the
                   said
                   Charter
                   made
                   by
                   Edward
                   the
                   third
                   unto
                   the
                   Mayor
                   and
                   Commonalty
                   of
                   London
                   .
                
                 
                   First
                   in
                   regard
                   thath
                   these
                   Wines
                   thus
                   
                   in
                   each
                   of
                   the
                   four
                   Ships
                   aforesaid
                   ,
                   remained
                   (
                   notwithstanding
                   the
                   death
                   of
                   
                     George
                     Hanger
                  
                   )
                   to
                   be
                   still
                   the
                   Wines
                   of
                   
                     George
                     Hanger
                  
                   ;
                   for
                   if
                   
                     Frances
                     Hanger
                  
                   the
                   Executrix
                   were
                   to
                   bring
                   an
                   Action
                   for
                   the
                   recovery
                   of
                   them
                   ,
                   she
                   should
                   bring
                   an
                   Action
                   as
                   for
                   the
                   Wines
                   of
                   
                     George
                     Hanger
                  
                   ,
                   if
                   
                     Frances
                     Hanger
                  
                   should
                   be
                   wained
                   or
                   attainted
                   of
                   Felony
                   or
                   Treason
                   ,
                   those
                   Wines
                   should
                   not
                   be
                   forfeited
                   ,
                   insomuch
                   as
                   they
                   are
                   not
                   the
                   Wines
                   of
                   
                     Frances
                     Hanger
                  
                   ,
                   but
                   of
                   
                     George
                     Hanger
                  
                   .
                   If
                   a
                   Judgement
                   in
                   Debt
                   or
                   other
                   Action
                   should
                   be
                   had
                   against
                   
                     Frances
                     Hanger
                  
                   as
                   Executrix
                   of
                   
                     George
                     Hanger
                  
                   ,
                   these
                   Wines
                   should
                   be
                   taken
                   in
                   execution
                   as
                   the
                   Wines
                   of
                   
                     George
                     Hanger
                  
                   ,
                   and
                   so
                   these
                   Wines
                   thus
                   brought
                   in
                   before
                   ,
                   and
                   after
                   the
                   death
                   of
                   
                     George
                     Hanger
                  
                   ,
                   continuing
                   as
                   yet
                   the
                   Wines
                   of
                   
                   
                     George
                     Hanger
                  
                   ,
                   to
                   be
                   recovered
                   as
                   his
                   
                   Wines
                   ,
                   to
                   be
                   taken
                   in
                   execution
                   as
                   his
                   Wines
                   ,
                   and
                   to
                   prevent
                   a
                   Forfeiture
                   ,
                   because
                   these
                   Wines
                   shall
                   be
                   said
                   to
                   be
                   the
                   Wines
                   of
                   
                     George
                     Hanger
                  
                   ,
                   whereby
                   they
                   may
                   be
                   protected
                   ,
                   and
                   priviledged
                   from
                   the
                   payment
                   of
                   Prisage
                   within
                   the
                   words
                   ,
                   intent
                   ,
                   meaning
                   of
                   the
                   before
                   recited
                   Charter
                   made
                   by
                   King
                   Edward
                   the
                   third
                   ,
                   which
                   pointeth
                   rather
                   at
                   the
                   Wines
                   then
                   at
                   the
                   person
                   of
                   
                     George
                     Hanger
                  
                   .
                
                 
                   Secondly
                   ,
                   in
                   regard
                   that
                   
                     Frances
                     Hanger
                  
                   
                   being
                   the
                   Executrix
                   of
                   
                     George
                     Hanger
                  
                   ,
                   is
                   the
                   representative
                   person
                   of
                   
                     George
                     Hanger
                  
                   as
                   to
                   these
                   Wines
                   ,
                   so
                   that
                   such
                   Priviledges
                   and
                   Immunities
                   as
                   
                     George
                     Hanger
                  
                   was
                   to
                   enjoy
                   if
                   he
                   had
                   been
                   living
                   ,
                   the
                   same
                   shall
                   
                     Frances
                     Hanger
                  
                   have
                   benefit
                   of
                   after
                   his
                   death
                   .
                   And
                   therefore
                   
                   notwithstanding
                   
                     Frances
                     Hanger
                  
                   had
                   been
                   a
                   Nun
                   ,
                   and
                   so
                   a
                   dead
                   person
                   in
                   Law
                   to
                   all
                   intents
                   and
                   purposes
                   ,
                   yet
                   she
                   being
                   made
                   an
                   Executrix
                   and
                   so
                   the
                   representative
                   person
                   of
                   the
                   said
                   
                     George
                     Hanger
                  
                   ,
                   shall
                   be
                   enabled
                   to
                   sue
                   ,
                   and
                   be
                   sued
                   ,
                   as
                   concerning
                   the
                   personal
                   Estate
                   of
                   the
                   Testator
                   ,
                   so
                   far
                   as
                   
                     George
                     Hanger
                  
                   himself
                   might
                   sue
                   ,
                   or
                   be
                   sued
                   .
                   And
                   if
                   
                     Frances
                     
                     Hanger
                  
                   ,
                   being
                   a
                   Neif
                   had
                   been
                   made
                   
                   Executrix
                   now
                   she
                   being
                   the
                   representative
                   person
                   of
                   
                     George
                     Hanger
                  
                   ,
                   may
                   well
                   enough
                   sue
                   her
                   Lord
                   unto
                   whom
                   she
                   is
                   a
                   Neif
                   Reguardant
                   ,
                   or
                   any
                   other
                   person
                   whatsoever
                   ,
                   and
                   the
                   being
                   of
                   a
                   Neif
                   shall
                   not
                   be
                   any
                   disability
                   unto
                   her
                   ,
                   as
                   to
                   her
                   office
                   of
                   Executrix-ship
                   .
                   The
                   same
                   Law
                   would
                   have
                   been
                   if
                   
                     Frances
                     Hanger
                  
                   had
                   been
                   wained
                   and
                   afterwards
                   had
                   been
                   made
                   Executrix
                   ;
                   for
                   she
                   putting
                   on
                   the
                   person
                   of
                   
                     George
                     Hanger
                  
                   ,
                   and
                   representing
                   him
                   ,
                   shall
                   be
                   clothed
                   with
                   the
                   same
                   Priviledges
                   and
                   Abilities
                   as
                   he
                   was
                   ,
                   and
                   so
                   
                     Frances
                     Hanger
                  
                   being
                   enabled
                   by
                   the
                   common
                   Laws
                   of
                   this
                   Realm
                   ,
                   to
                   sue
                   ,
                   and
                   to
                   be
                   sued
                   ,
                   although
                   she
                   had
                   been
                   a
                   Nun
                   ,
                   a
                   Neif
                   ,
                   or
                   a
                   wained
                   person
                   ,
                   because
                   she
                   represented
                   the
                   person
                   of
                   
                     George
                     Hanger
                  
                   whose
                   Executrix
                   she
                   was
                   ,
                   shall
                   be
                   likewise
                   capable
                   of
                   this
                   priviledge
                   of
                   the
                   payment
                   of
                   Prisage
                   for
                   the
                   Wines
                   of
                   
                     George
                     Hanger
                  
                   ,
                   as
                   
                     George
                     Hanger
                  
                   was
                   .
                
                 
                   Thirdly
                   this
                   Charter
                   made
                   by
                   King
                   Edward
                   the
                   third
                   ,
                   being
                   a
                   Charter
                   only
                   
                   to
                   discharge
                   the
                   Citizens
                   of
                   London
                   of
                   the
                   payment
                   of
                   Prisage
                   ,
                   and
                   not
                   a
                   Charter
                   whereby
                   the
                   Prisage
                   of
                   the
                   Citizens
                   of
                   
                   London
                   is
                   granted
                   unto
                   others
                   ,
                   shall
                   have
                   a
                   liberal
                   construction
                   ,
                   and
                   not
                   be
                   streined
                   unto
                   a
                   special
                   intent
                   as
                   a
                   Patent
                   of
                   charge
                   shall
                   be
                   ;
                   for
                   it
                   is
                   evident
                   by
                   divers
                   cases
                   in
                   our
                   Books
                   ,
                   that
                   
                     Frances
                     Hanger
                  
                   being
                   an
                   Executrix
                   ,
                   shall
                   be
                   taken
                   to
                   be
                   within
                   the
                   remedy
                   of
                   an
                   Act
                   of
                   Parliament
                   ,
                   to
                   discharge
                   her self
                   of
                   a
                   burden
                   imposed
                   upon
                   her
                   in
                   respect
                   of
                   
                     George
                     Hanger
                  
                   her
                   Testator
                   ,
                   notwithstanding
                   there
                   was
                   never
                   so
                   much
                   as
                   any
                   mention
                   made
                   of
                   her
                   as
                   Executrix
                   ,
                   in
                   the
                   Act
                   of
                   Parliament
                   .
                   And
                   therefore
                   
                     Frances
                     Hanger
                  
                   being
                   an
                   Executrix
                   ,
                   shall
                   have
                   an
                   attaint
                   upon
                   the
                   Statute
                   of
                   23.
                   
                   H.
                   8.
                   chap.
                   3.
                   
                   to
                   discharge
                   her self
                   of
                   a
                   false
                   Verdict
                   given
                   against
                   
                     George
                     Hanger
                  
                   ,
                   whereby
                   his
                   Goods
                   are
                   to
                   be
                   charged
                   ,
                   and
                   yet
                   she
                   is
                   not
                   named
                   in
                   the
                   Act
                   of
                   Parliament
                   .
                   So
                   
                     Frances
                     Hanger
                  
                   being
                   an
                   Executrix
                   ,
                   shall
                   have
                   a
                   Writ
                   of
                   Errour
                   upon
                   the
                   Statute
                   of
                   27.
                   
                   
                     El.
                     chap.
                  
                   8.
                   in
                   the
                   Exchequer
                   Chamber
                   ,
                   to
                   discharge
                   her
                   
                   self
                   of
                   an
                   Erroneous
                   Judgement
                   given
                   into
                   the
                   Kings
                   Bench
                   against
                   
                     George
                     Hanger
                  
                   ,
                   whereby
                   his
                   Goods
                   are
                   subject
                   to
                   an
                   Execution
                   .
                   Likewise
                   if
                   
                     George
                     Hanger
                  
                   be
                   Out-lawed
                   upon
                   a
                   Writ
                   of
                   
                     Cap.
                     ad
                     satisfaciend
                  
                   ,
                   awarded
                   upon
                   a
                   Judgement
                   
                   given
                   in
                   Debt
                   ,
                   or
                   other
                   personal
                   Action
                   against
                   him
                   ,
                   
                     Frances
                     Hanger
                  
                   as
                   Executrix
                   of
                   
                     George
                     Hanger
                  
                   ,
                   shall
                   take
                   advantage
                   of
                   a
                   general
                   pardon
                   made
                   by
                   Act
                   of
                   Parliament
                   in
                   the
                   life
                   of
                   
                     George
                     Hanger
                  
                   ,
                   and
                   shall
                   be
                   suffered
                   to
                   plead
                   it
                   ,
                   
                     and
                     to
                     give
                     satisfaction
                     of
                     the
                     judgement
                  
                   given
                   against
                   
                     George
                     Hanger
                  
                   ,
                   whereby
                   she
                   may
                   be
                   enabled
                   to
                   take
                   benefit
                   of
                   the
                   pardon
                   ;
                   the
                   which
                   being
                   so
                   ,
                   that
                   
                     Frances
                     Hanger
                  
                   is
                   a
                   person
                   capable
                   to
                   discharge
                   her self
                   of
                   a
                   false
                   Verdict
                   of
                   an
                   Erroneous
                   Judgement
                   ,
                   of
                   an
                   Out-lawry
                   pronounced
                   against
                   
                     George
                     Hanger
                  
                   her
                   husband
                   where
                   the
                   Statute
                   by
                   precise
                   words
                   doth
                   not
                   relieve
                   her
                   ,
                   
                     à
                     fortiori
                  
                   shall
                   
                     Frances
                     Hanger
                  
                   in
                   the
                   case
                   at
                   the
                   Bar
                   ,
                   be
                   enabled
                   to
                   discharge
                   her self
                   of
                   the
                   prisage
                   of
                   these
                   Wines
                   ,
                   within
                   the
                   Charter
                   of
                   Edward
                   the
                   third
                   .
                
                 
                   Fourthly
                   ,
                   by
                   the
                   same
                   reason
                   ,
                   that
                   the
                   Butlarage
                   shall
                   be
                   paid
                   by
                   the
                   Executors
                   
                   or
                   Administrators
                   of
                   an
                   Alien
                   ,
                   for
                   the
                   Wines
                   brought
                   into
                   England
                   ,
                   in
                   case
                   where
                   the
                   Alien
                   owner
                   of
                   the
                   Wines
                   do
                   die
                   before
                   such
                   time
                   as
                   the
                   Ships
                   are
                   unladen
                   ,
                   and
                   way
                   shall
                   not
                   be
                   given
                   to
                   make
                   an
                   evasion
                   to
                   the
                   payment
                   of
                   Butlarge
                   ,
                   upon
                   an
                   averment
                   that
                   the
                   owner
                   of
                   the
                   
                   Wines
                   is
                   dead
                   before
                   the
                   unbulcking
                   of
                   the
                   Ships
                   ,
                   so
                   by
                   the
                   same
                   reason
                   prisage
                   shall
                   not
                   be
                   paid
                   for
                   the
                   Wines
                   of
                   
                     George
                     Hanger
                  
                   ,
                   who
                   dyed
                   before
                   such
                   time
                   as
                   the
                   Ships
                   came
                   in
                   ;
                   for
                   those
                   Wines
                   shall
                   continue
                   the
                   Wines
                   of
                   the
                   Alien
                   ,
                   to
                   make
                   his
                   Executors
                   subject
                   unto
                   the
                   payment
                   of
                   Butlarage
                   :
                   so
                   these
                   Wines
                   shall
                   remain
                   the
                   Wines
                   of
                   
                     George
                     Hanger
                  
                   ,
                   to
                   free
                   
                     Frances
                     Hanger
                  
                   his
                   Executrix
                   from
                   the
                   payment
                   of
                   prisage
                   .
                
                 
                   Fifthly
                   ,
                   there
                   being
                   nothing
                   done
                   in
                   the
                   case
                   at
                   the
                   Bar
                   ,
                   to
                   prevent
                   George
                   
                   Hanger
                   whereby
                   his
                   Wines
                   should
                   be
                   made
                   uncapable
                   of
                   the
                   discharge
                   of
                   the
                   payment
                   of
                   Prisage
                   within
                   the
                   Charter
                   granted
                   by
                   King
                   Edward
                   the
                   third
                   but
                   only
                   the
                   death
                   of
                   
                     George
                     Hanger
                  
                   before
                   the
                   disburdening
                   ,
                   and
                   unlading
                   of
                   his
                   Ships
                   ;
                   and
                   this
                   being
                   only
                   the
                   Act
                   of
                   God
                   ,
                   which
                   by
                   no
                   power
                   of
                   man
                   can
                   be
                   resisted
                   ,
                   nor
                   wit
                   prevented
                   ,
                   shall
                   never
                   turn
                   him
                   to
                   that
                   prejudice
                   that
                   a
                   charge
                   now
                   shall
                   be
                   imposed
                   upon
                   his
                   Wines
                   ,
                   the
                   which
                   ought
                   not
                   to
                   have
                   been
                   ,
                   if
                   
                     George
                     Hanger
                  
                   had
                   over-lived
                   the
                   time
                   of
                   breaking
                   the
                   bulk
                   ;
                   for
                   it
                   is
                   a
                   Maxim
                   ,
                   held
                   ,
                   and
                   a
                   principle
                   of
                   the
                   common
                   Lawes
                   of
                   the
                   Realm
                   ,
                   that
                   the
                   Act
                   of
                   
                   God
                   shall
                   never
                   prejudice
                   in
                   case
                   where
                   there
                   is
                   not
                   any
                   Latches
                   in
                   the
                   party
                   ;
                   and
                   upon
                   this
                   reason
                   is
                   it
                   that
                   if
                   one
                   that
                   is
                   impleaded
                   hath
                   cause
                   of
                   priviledge
                   ,
                   because
                   he
                   is
                   the
                   menial
                   Servant
                   of
                   the
                   Lord
                   Chancellour
                   ,
                   he
                   shall
                   not
                   be
                   prevented
                   of
                   priviledge
                   by
                   the
                   death
                   of
                   the
                   Lord
                   Chancellour
                   ,
                   but
                   he
                   
                   shall
                   enjoy
                   it
                   ,
                   that
                   death
                   notwithstanding
                   ;
                   likewise
                   it
                   would
                   be
                   a
                   great
                   discouragement
                   to
                   the
                   Merchants
                   ,
                   to
                   hazard
                   their
                   own
                   lives
                   in
                   fighting
                   against
                   the
                   Pyrates
                   ,
                   and
                   in
                   being
                   upon
                   the
                   Seas
                   when
                   their
                   deaths
                   shall
                   subject
                   them
                   to
                   the
                   payment
                   of
                   Prisage
                   .
                
                 
                   Sixthly
                   ,
                   in
                   the
                   case
                   at
                   the
                   Bar
                   ,
                   there
                   
                   are
                   four
                   times
                   to
                   be
                   observed
                   ;
                   the
                   first
                   of
                   which
                   is
                   the
                   time
                   of
                   the
                   fraughting
                   of
                   the
                   Ships
                   ,
                   and
                   the
                   sending
                   them
                   out
                   of
                   England
                   beyond
                   the
                   Seas
                   ;
                   the
                   second
                   is
                   the
                   time
                   of
                   the
                   arrival
                   of
                   the
                   Ships
                   ,
                   and
                   the
                   unlading
                   ,
                   and
                   disburdening
                   of
                   them
                   beyond
                   the
                   Seas
                   ,
                   the
                   third
                   is
                   the
                   time
                   of
                   the
                   lading
                   of
                   the
                   Ships
                   with
                   Wines
                   ,
                   and
                   the
                   returning
                   of
                   them
                   for
                   England
                   ;
                   the
                   fourth
                   is
                   the
                   time
                   of
                   the
                   arrival
                   at
                   the
                   Port
                   in
                   England
                   ,
                   and
                   the
                   unlading
                   of
                   them
                   here
                   ;
                   and
                   three
                   of
                   these
                   times
                   were
                   passed
                   
                   in
                   the
                   life
                   of
                   
                     George
                     Hadger
                  
                   when
                   he
                   was
                   a
                   member
                   of
                   the
                   City
                   ,
                   and
                   a
                   Citizen
                   as
                   others
                   are
                   ,
                   for
                   all
                   the
                   four
                   Ships
                   ,
                   and
                   part
                   of
                   the
                   fourth
                   time
                   also
                   for
                   two
                   of
                   the
                   Ships
                   ;
                   for
                   at
                   the
                   time
                   that
                   the
                   Ships
                   were
                   Fraughted
                   and
                   sent
                   out
                   of
                   England
                   to
                   the
                   intent
                   to
                   bring
                   in
                   these
                   commodities
                   ,
                   
                     George
                     Hanger
                  
                   was
                   a
                   Citizen
                   ;
                   so
                   when
                   the
                   Ships
                   arrived
                   in
                   the
                   Port
                   beyond
                   the
                   Seas
                   ,
                   and
                   unladed
                   themselves
                   to
                   receive
                   ●n
                   the
                   Wines
                   for
                   which
                   they
                   went
                   ,
                   he
                   continued
                   a
                   Citizen
                   .
                   Likewise
                   when
                   the
                   Ships
                   were
                   laden
                   with
                   Wines
                   ,
                   and
                   returning
                   to
                   the
                   coasts
                   of
                   England
                   ,
                   the
                   hand
                   of
                   Heaven
                   had
                   not
                   as
                   yet
                   disfranchised
                   him
                   from
                   being
                   a
                   Citizen
                   ,
                   and
                   member
                   of
                   the
                   City
                   of
                   London
                   .
                   And
                   as
                   to
                   two
                   of
                   the
                   Ships
                   ,
                   the
                   said
                   
                     George
                     Hanger
                  
                   had
                   his
                   abode
                   here
                   until
                   such
                   time
                   as
                   they
                   were
                   in
                   the
                   Port
                   at
                   London
                   safe
                   from
                   being
                   swallowed
                   by
                   the
                   surging
                   waves
                   of
                   the
                   Sea
                   ,
                   secure
                   from
                   the
                   surprizing
                   of
                   the
                   desparate
                   Pyrates
                   ;
                   the
                   which
                   being
                   so
                   that
                   three
                   of
                   the
                   four
                   times
                   as
                   to
                   all
                   the
                   four
                   Ships
                   were
                   past
                   during
                   the
                   time
                   that
                   he
                   was
                   a
                   member
                   of
                   the
                   City
                   ,
                   and
                   also
                   part
                   of
                   the
                   fourth
                   time
                   as
                   to
                   two
                   of
                   the
                   Ships
                   ,
                   it
                   is
                   reasonable
                   to
                   think
                   that
                   these
                   Ships
                   shall
                   participate
                   
                   of
                   Immunity
                   and
                   Priviledge
                   ,
                   it
                   be
                   discharged
                   of
                   the
                   payment
                   of
                   prisage
                   which
                   is
                   granted
                   by
                   the
                   Charter
                   made
                   b●
                   King
                   Edward
                   the
                   third
                   notwithstanding
                   that
                   the
                   last
                   time
                   was
                   not
                   com●
                   before
                   his
                   death
                   ;
                   and
                   the
                   more
                   especially
                   also
                   ,
                   because
                   the
                   law
                   hath
                   such
                   regard
                   unto
                   the
                   commencement
                   ,
                   and
                   beginning
                   of
                   a
                   thing
                   ,
                   and
                   will
                   have
                   respect
                   unto
                   it
                   ,
                   notwithstanding
                   that
                   there
                   belong
                   distance
                   of
                   time
                   between
                   the
                   in
                   choation
                   ,
                   and
                   consummation
                   of
                   it
                   .
                   An●
                   therefore
                   where
                   a
                   servant
                   having
                   an
                   intention
                   to
                   kill
                   his
                   Master
                   ,
                   doth
                   depart
                   ou●
                   of
                   his
                   service
                   and
                   long
                   time
                   after
                   his
                   departure
                   out
                   of
                   his
                   Masters
                   service
                   doth
                   kill
                   him
                   ,
                   that
                   is
                   petty
                   treason
                   in
                   the
                   servant
                   ,
                   
                   in
                   regard
                   of
                   the
                   retrospect
                   which
                   the
                   Law
                   hath
                   to
                   the
                   first
                   intention
                   of
                   the
                   servant
                   ,
                   when
                   he
                   was
                   in
                   his
                   Masters
                   service
                   ;
                   and
                   yet
                   if
                   you
                   respect
                   the
                   time
                   of
                   the
                   murder
                   committed
                   ,
                   without
                   regard
                   had
                   unto
                   the
                   first
                   time
                   ,
                   it
                   cannot
                   be
                   petty
                   treason
                   ,
                   because
                   the
                   servant
                   was
                   out
                   of
                   his
                   service
                   at
                   that
                   time
                   .
                
                 
                   Seventhly
                   ,
                   it
                   is
                   to
                   be
                   observed
                   ,
                   that
                   
                   this
                   Charter
                   to
                   be
                   discharged
                   of
                   the
                   payment
                   of
                   prisage
                   granted
                   by
                   King
                   Edward
                   the
                   third
                   ,
                   was
                   granted
                   unto
                   the
                   Mayor
                   
                   and
                   Commonalty
                   of
                   London
                   ,
                   which
                   is
                   a
                   body
                   that
                   alwayes
                   continueth
                   ,
                   and
                   never
                   dieth
                   ;
                   and
                   so
                   howsoever
                   that
                   
                     George
                     Hanger
                  
                   ,
                   unto
                   whom
                   (
                   as
                   unto
                   a
                   member
                   of
                   that
                   body
                   )
                   the
                   priviledge
                   of
                   that
                   Charter
                   is
                   distributed
                   ,
                   be
                   dead
                   ,
                   and
                   cut
                   off
                   from
                   that
                   body
                   ,
                   yet
                   in
                   so
                   much
                   that
                   the
                   body
                   politique
                   of
                   the
                   Mayor
                   and
                   Commonalty
                   unto
                   whom
                   the
                   Charter
                   was
                   made
                   liveth
                   ,
                   the
                   Priviledge
                   and
                   Immunity
                   of
                   
                     George
                     Hanger
                  
                   to
                   have
                   his
                   Wines
                   discharged
                   of
                   the
                   payment
                   of
                   prisage
                   will
                   live
                   ,
                   and
                   continue
                   in
                   that
                   body
                   notwithstanding
                   that
                   
                     George
                     Hanger
                  
                   be
                   dead
                   .
                
                 
                   Eightly
                   this
                   Charter
                   being
                   a
                   Charter
                   made
                   for
                   the
                   advancement
                   and
                   good
                   of
                   
                   Merchandize
                   and
                   trading
                   (
                   which
                   are
                   as
                   it
                   were
                   the
                   Blood
                   which
                   giveth
                   nourishment
                   unto
                   the
                   politique
                   body
                   of
                   the
                   Kingdome
                   )
                   is
                   to
                   have
                   a
                   favourable
                   and
                   benigne
                   construction
                   ,
                   whereby
                   trading
                   may
                   be
                   the
                   better
                   supported
                   and
                   maintained
                   ;
                   and
                   the
                   life
                   of
                   the
                   State
                   longer
                   continued
                   ;
                   and
                   therefore
                   where
                   King
                   Edward
                   the
                   third
                   in
                   the
                   third
                   year
                   of
                   his
                   Reign
                   ,
                   granted
                   unto
                   the
                   Merchants
                   of
                   
                     Almagne
                     ,
                     France
                  
                   and
                   Spain
                   that
                   they
                   should
                   come
                   safely
                   ,
                   and
                   securely
                   with
                   their
                   Merchandize
                   into
                   England
                   ,
                   and
                   
                   should
                   be
                   free
                   from
                   Pontage
                   ,
                   Murag●
                   and
                   such
                   other
                   Tolles
                   ,
                   this
                   Grant
                   was
                   allowed
                   to
                   be
                   good
                   ,
                   and
                   received
                   an
                   exposition
                   according
                   unto
                   the
                   Law
                   o●
                   Merchants
                   ,
                   which
                   is
                   the
                   Law
                   of
                   Nations
                   ;
                   and
                   howsoever
                   it
                   would
                   not
                   b●
                   good
                   by
                   the
                   strict
                   rules
                   of
                   the
                   Common
                   Law
                   ,
                   because
                   the
                   Merchant-strange●
                   were
                   not
                   a
                   Corporation
                   able
                   to
                   take
                   yet
                   it
                   was
                   admitted
                   sufficient
                   by
                   that
                   
                     A●gem
                     marcatoriam
                  
                   ,
                   according
                   to
                   whic●
                   in
                   some
                   cases
                   of
                   Merchants
                   the
                   Judg●
                   of
                   the
                   Common
                   Law
                   ought
                   to
                   give
                   the
                   Judgement
                   ,
                   wherefore
                   in
                   the
                   case
                   at
                   the
                   Bar
                   ,
                   this
                   Charter
                   concerning
                   the
                   City
                   of
                   London
                   ,
                   which
                   is
                   the
                   University
                   of
                   Merchants
                   ,
                   and
                   this
                   case
                   concerning
                   
                     George
                     Hanger
                  
                   which
                   was
                   a
                   Scholar
                   trained
                   ●●
                   this
                   in
                   School
                   ,
                   and
                   had
                   been
                   matriculated
                   in
                   this
                   place
                   ,
                   the
                   Judge
                   are
                   to
                   fram
                   and
                   give
                   their
                   Judgement
                   so
                   ,
                   as
                   the
                   Unversity
                   and
                   Scholars
                   of
                   it
                   ,
                   may
                   receive
                   the
                   better
                   encouragement
                   to
                   proceed
                   and
                   may
                   not
                   be
                   disheartened
                   to
                   dive●
                   their
                   courses
                   intended
                   ,
                   from
                   Merchandi●ing
                   and
                   Trading
                   ,
                   by
                   reason
                   of
                   the
                   stri●
                   construction
                   of
                   Charters
                   which
                   giv●
                   unto
                   them
                   Immunities
                   ,
                   and
                   Privledges
                   .
                
                 
                 
                   Ninthly
                   and
                   lastly
                   ,
                   this
                   very
                   case
                   received
                   
                   formerly
                   the
                   resolution
                   of
                   three
                   Barons
                   in
                   the
                   Exchequer
                   ,
                   upon
                   an
                   Information
                   exhibited
                   there
                   by
                   Sir
                   
                     Thomas
                     Waller
                  
                   ,
                   that
                   
                     Frances
                     Hanger
                  
                   should
                   be
                   discharged
                   of
                   Prisage
                   for
                   the
                   Wines
                   in
                   all
                   the
                   four
                   Ships
                   ;
                   whereupon
                   Sir
                   Thomas
                   discontinued
                   his
                   Information
                   ,
                   and
                   exhibited
                   it
                   denove
                   in
                   the
                   Kings
                   Bench
                   ,
                   whereby
                   he
                   would
                   take
                   the
                   opinion
                   of
                   this
                   Court
                   likewise
                   ;
                   and
                   there
                   having
                   been
                   former
                   opinion
                   conceived
                   for
                   the
                   discharge
                   of
                   them
                   ,
                   it
                   is
                   more
                   agreeable
                   with
                   reason
                   to
                   have
                   this
                   opinion
                   confirmed
                   than
                   opposed
                   .
                
                 
                   But
                   Sir
                   
                     Thomas
                     Fleming
                  
                   ;
                   Sir
                   
                     Iohn
                     Crook
                  
                   ,
                   and
                   Sir
                   
                     Robert
                     Haughton
                  
                   seemed
                   
                   upon
                   the
                   reasons
                   hereafter
                   ensuing
                   ,
                   that
                   Judgement
                   ought
                   to
                   be
                   given
                   for
                   Sir
                   
                     Thomas
                     Waller
                  
                   ,
                   and
                   that
                   prisage
                   ought
                   to
                   be
                   paid
                   by
                   
                     Frances
                     Hanger
                  
                   ,
                   both
                   for
                   the
                   Wines
                   wich
                   were
                   in
                   the
                   Ships
                   that
                   were
                   arrived
                   before
                   the
                   death
                   of
                   
                     George
                     Hanger
                  
                   ,
                   as
                   likewise
                   for
                   the
                   Wines
                   which
                   were
                   in
                   the
                   two
                   Ships
                   which
                   were
                   upon
                   the
                   Sea
                   at
                   the
                   time
                   of
                   the
                   death
                   of
                   
                     George
                     Hanger
                  
                   ;
                   howsoever
                   by
                   way
                   of
                   advice
                   they
                   wished
                   that
                   for
                   the
                   Wines
                   in
                   the
                   Ships
                   which
                   were
                   come
                   home
                   during
                   
                   his
                   life
                   ,
                   the
                   payment
                   of
                   prisage
                   ought
                   not
                   to
                   be
                   pressed
                   by
                   Sir
                   
                     Thomas
                     Waller
                  
                   .
                
                 
                   First
                   ,
                   in
                   regard
                   the
                   Charter
                   extendeth
                   
                   only
                   to
                   discharge
                   the
                   Wines
                   of
                   such
                   a
                   person
                   as
                   is
                   a
                   Citizen
                   of
                   London
                   of
                   the
                   payment
                   of
                   prisage
                   ,
                   and
                   
                     George
                     Hanger
                  
                   being
                   dead
                   ,
                   and
                   so
                   a
                   Citizen
                   of
                   the
                   heavedly
                   Ierusalem
                   ,
                   may
                   not
                   be
                   longer
                   said
                   to
                   be
                   a
                   Citizen
                   of
                   London
                   ,
                   and
                   so
                   not
                   within
                   the
                   compass
                   of
                   the
                   Immunity
                   granred
                   by
                   the
                   Charter
                   .
                
                 
                   Secondly
                   this
                   priviledge
                   to
                   be
                   discharged
                   
                   of
                   the
                   payment
                   of
                   prisage
                   ,
                   is
                   in
                   respect
                   of
                   the
                   person
                   who
                   is
                   the
                   owner
                   of
                   the
                   Wines
                   ,
                   and
                   not
                   in
                   respect
                   of
                   the
                   Wines
                   themselves
                   and
                   then
                   there
                   being
                   a
                   remotion
                   of
                   the
                   person
                   unto
                   whom
                   the
                   exemption
                   is
                   tyed
                   ,
                   there
                   is
                   a
                   remotion
                   of
                   the
                   exemption
                   it self
                   ;
                   and
                   therefore
                   notwithstanding
                   a
                   Tenant
                   in
                   ancient
                   Demesne
                   ,
                   be
                   by
                   the
                   Common
                   Lawes
                   of
                   this
                   Realm
                   to
                   be
                   discharged
                   of
                   the
                   payment
                   of
                   Toll
                   in
                   all
                   Faires
                   ,
                   and
                   Markets
                   ,
                   yet
                   if
                   the
                   Tenant
                   in
                   ancient
                   Demesne
                   make
                   his
                   Executors
                   ,
                   and
                   die
                   the
                   Executors
                   for
                   the
                   Goods
                   of
                   the
                   Testator
                   are
                   to
                   pay
                   a
                   Toll
                   ,
                   in
                   so
                   much
                   ,
                   that
                   it
                   was
                   only
                   a
                   personal
                   priviledge
                   which
                   dieth
                   together
                   with
                   the
                   person
                   .
                
                 
                 
                   Thirdly
                   ,
                   this
                   Charter
                   bereaving
                   the
                   King
                   of
                   the
                   payment
                   of
                   prisage
                   which
                   is
                   a
                   Flower
                   of
                   his
                   Crown
                   ,
                   ought
                   to
                   have
                   a
                   strict
                   construction
                   ,
                   so
                   as
                   none
                   may
                   take
                   benefit
                   of
                   it
                   ,
                   but
                   only
                   such
                   as
                   are
                   within
                   the
                   precise
                   words
                   of
                   the
                   Charter
                   ;
                   wherefore
                   
                     George
                     Hanger
                  
                   being
                   dead
                   ,
                   and
                   so
                   no
                   more
                   a
                   Citizen
                   of
                   London
                   ,
                   howsoever
                   the
                   Wines
                   in
                   the
                   Ship
                   may
                   be
                   said
                   to
                   be
                   the
                   Wines
                   of
                   
                     George
                     Hanger
                  
                   to
                   a
                   special
                   intent
                   ,
                   that
                   is
                   to
                   say
                   ,
                   for
                   the
                   payment
                   of
                   his
                   Debts
                   ,
                   and
                   the
                   performance
                   of
                   his
                   Legacies
                   according
                   to
                   his
                   true
                   intendment
                   expressed
                   in
                   his
                   Will
                   ,
                   yet
                   may
                   they
                   not
                   be
                   said
                   to
                   be
                   the
                   Goods
                   of
                   
                     George
                     Hanger
                  
                   to
                   every
                   intent
                   ,
                   in
                   so
                   much
                   that
                   
                     Frances
                     Hanger
                  
                   the
                   Executrix
                   hath
                   the
                   disposition
                   of
                   them
                   according
                   to
                   her
                   will
                   ,
                   and
                   pleasure
                   ,
                   and
                   the
                   Poet
                   saith
                   ,
                   
                     Da
                     tua
                     dum
                     tua
                     sunt
                     ,
                     nam
                     post
                     mortem
                     tua
                     non
                     sunt
                  
                   ;
                   and
                   they
                   not
                   being
                   the
                   Wines
                   of
                   a
                   Citizen
                   to
                   every
                   intent
                   ,
                   but
                   only
                   to
                   a
                   special
                   intent
                   ,
                   may
                   not
                   be
                   said
                   to
                   be
                   capable
                   of
                   the
                   discharge
                   of
                   payment
                   of
                   prisage
                   according
                   to
                   the
                   Case
                   that
                   hath
                   been
                   adjudged
                   ,
                   that
                   where
                   the
                   King
                   by
                   his
                   Letters
                   Patents
                   doth
                   grant
                   
                   the
                   Goods
                   ,
                   and
                   Chattels
                   of
                   all
                   Felons
                   and
                   Fugitives
                   unto
                   a
                   common
                   person
                   ,
                   now
                   
                   the
                   Patentee
                   ,
                   by
                   vertue
                   of
                   this
                   grant
                   ,
                   may
                   not
                   claim
                   the
                   Goods
                   ,
                   and
                   Chattels
                   of
                   one
                   that
                   is
                   a
                   Felon
                   of
                   himself
                   ,
                   in
                   so
                   much
                   that
                   he
                   is
                   a
                   Felon
                   only
                   to
                   a
                   special
                   intent
                   ;
                   and
                   this
                   being
                   a
                   Flower
                   of
                   the
                   Kings
                   Crown
                   ,
                   shall
                   not
                   pass
                   by
                   general
                   words
                   ,
                
                 
                   Fourthly
                   ,
                   Prisage
                   being
                   a
                   thing
                   
                   which
                   is
                   not
                   due
                   until
                   such
                   time
                   as
                   the
                   bulk
                   be
                   broken
                   ;
                   now
                   forasmuch
                   as
                   
                     George
                     Hanger
                  
                   was
                   dead
                   ,
                   and
                   so
                   was
                   disfranchised
                   before
                   such
                   time
                   as
                   the
                   duty
                   accrued
                   ,
                   the
                   Charter
                   shall
                   not
                   extend
                   to
                   discharge
                   the
                   Wines
                   in
                   the
                   hands
                   of
                   the
                   Executrix
                   of
                   the
                   payment
                   of
                   Prisage
                   .
                
                 
                   And
                   so
                   having
                   given
                   you
                   a
                   taste
                   of
                   the
                   
                   opinion
                   of
                   the
                   Judges
                   upon
                   the
                   main
                   case
                   :
                   I
                   will
                   descend
                   to
                   the
                   other
                   matters
                   considerable
                   in
                   this
                   case
                   ,
                   upon
                   this
                   Charter
                   ;
                   and
                   for
                   better
                   order
                   and
                   methods
                   sake
                   ,
                   I
                   will
                   divide
                   it
                   into
                   the
                   parts
                   hereafter
                   following
                   ,
                   that
                   is
                   to
                   say
                   .
                
                 
                   First
                   ,
                   what
                   Prisage
                   is
                   ,
                   and
                   to
                   whom
                   due
                   ,
                   the
                   nature
                   of
                   it
                   ,
                   and
                   the
                   diversity
                   between
                   Butlerage
                   ,
                   and
                   Prisage
                   .
                
                 
                   Secondly
                   ,
                   what
                   is
                   the
                   cause
                   ,
                   and
                   ground
                   why
                   the
                   King
                   hath
                   Prisage
                   .
                
                 
                   Thirdly
                   at
                   what
                   time
                   prisage
                   shall
                   be
                   said
                   to
                   be
                   due
                   .
                
                 
                 
                   Fourthly
                   ,
                   whether
                   a
                   grant
                   ,
                   or
                   discharge
                   may
                   be
                   made
                   by
                   the
                   King
                   of
                   Prisage
                   .
                
                 
                   Fifthly
                   ,
                   whether
                   the
                   Charter
                   of
                   discharge
                   unto
                   the
                   Mayor
                   and
                   Commonalty
                   of
                   the
                   payment
                   of
                   Prisage
                   be
                   good
                   ,
                   when
                   the
                   grant
                   is
                   made
                   to
                   the
                   Mayor
                   and
                   Commonalty
                   ,
                   and
                   the
                   benefit
                   distributed
                   unto
                   the
                   natural
                   persons
                   and
                   the
                   ground
                   of
                   the
                   making
                   of
                   this
                   Charter
                   .
                
                 
                   Sixthly
                   ,
                   what
                   persons
                   shall
                   be
                   discharged
                   of
                   the
                   payment
                   of
                   Prisage
                   within
                   the
                   words
                   of
                   the
                   Charter
                   which
                   saith
                   ,
                   
                     Quod
                     de
                     vinis
                     Civium
                     nulla
                     prisa
                     fiat
                     .
                  
                
                 
                   Seventhly
                   ,
                   what
                   Wines
                   shall
                   be
                   said
                   to
                   be
                   discharged
                   of
                   the
                   payment
                   of
                   Prisage
                   within
                   the
                   words
                   of
                   the
                   Charter
                   .
                
                 
                   As
                   to
                   the
                   first
                   ,
                   Prisage
                   is
                   a
                   certain
                   duty
                   which
                   the
                   King
                   and
                   his
                   Predecessours
                   by
                   
                   themselves
                   ,
                   or
                   their
                   Officers
                   by
                   a
                   custom
                   (
                   time
                   out
                   of
                   mind
                   of
                   man
                   )
                   hath
                   used
                   to
                   take
                   for
                   the
                   provision
                   of
                   his
                   houshold
                   of
                   all
                   English
                   Merchants
                   of
                   all
                   Wines
                   whatsoever
                   ,
                   which
                   the
                   said
                   English
                   Merchants
                   bring
                   from
                   beyond
                   the
                   Seas
                   into
                   the
                   Coasts
                   of
                   England
                   .
                   In
                   which
                   said
                   description
                   it
                   is
                   first
                   observed
                   ,
                   that
                   it
                   is
                   a
                   duty
                   due
                   from
                   the
                   subject
                   unto
                   his
                   Majesty
                   ,
                   and
                   not
                   a
                   voluntary
                   gift
                   of
                   the
                   subject
                   unto
                   the
                   King.
                   Hereupon
                   it
                   is
                   that
                   in
                   
                   H.
                   4.
                   3.
                   in
                   the
                   Patent-Roll
                   in
                   the
                   Tower
                   you
                   shall
                   find
                   prisage
                   termed
                   by
                   the
                   name
                   of
                   
                     Regia
                     ,
                     &
                     Recta
                     prisa
                  
                   ;
                   for
                   that
                   it
                   apperreineth
                   and
                   is
                   due
                   unto
                   the
                   King
                   of
                   common
                   Right
                   ;
                   and
                   being
                   a
                   Flower
                   of
                   his
                   Crown
                   ,
                   may
                   not
                   belong
                   unto
                   any
                   man
                   else
                   but
                   by
                   especial
                   Grant.
                   Secondly
                   ,
                   it
                   appeareth
                   that
                   it
                   is
                   called
                   a
                   certain
                   duty
                   ,
                   because
                   it
                   is
                   manifestly
                   certain
                   ,
                   what
                   the
                   King
                   shall
                   have
                   out
                   of
                   every
                   Ship
                   ,
                   both
                   in
                   respect
                   of
                   the
                   time
                   when
                   he
                   shall
                   take
                   it
                   ,
                   in
                   respect
                   of
                   the
                   place
                   where
                   he
                   shall
                   have
                   it
                   ,
                   and
                   in
                   respect
                   of
                   the
                   quantity
                   which
                   he
                   shall
                   have
                   .
                   For
                   as
                   to
                   the
                   time
                   when
                   he
                   shall
                   take
                   it
                   ,
                   it
                   is
                   upon
                   the
                   breaking
                   of
                   the
                   Bulk
                   of
                   the
                   Ship
                   ,
                   and
                   not
                   before
                   ;
                   for
                   if
                   a
                   Ship
                   come
                   into
                   the
                   Port
                   laden
                   with
                   Wines
                   ,
                   and
                   the
                   Bulk
                   of
                   her
                   is
                   not
                   broken
                   ,
                   now
                   may
                   not
                   
                   Prisage
                   be
                   demanded
                   of
                   her
                   .
                   And
                   as
                   to
                   the
                   place
                   where
                   the
                   King
                   shall
                   take
                   this
                   prisage
                   ,
                   it
                   is
                   ascertained
                   by
                   a
                   Book-Case
                   ,
                   where
                   it
                   is
                   said
                   ,
                   That
                   the
                   King
                   
                   shall
                   take
                   one
                   Tun
                   behind
                   the
                   Mast
                   ,
                   and
                   the
                   other
                   before
                   .
                   And
                   as
                   to
                   the
                   certain
                   quantity
                   which
                   the
                   King
                   is
                   to
                   take
                   ,
                   it
                   is
                   manifest
                   by
                   divers
                   ancient
                   Records
                   ;
                   for
                   if
                   a
                   Ship
                   have
                   ten
                   Tun
                   in
                   her
                   ,
                   and
                   under
                   the
                   number
                   of
                   twenty
                   
                   Tuns
                   ,
                   then
                   the
                   King
                   is
                   to
                   have
                   one
                   Tun
                   only
                   ;
                   but
                   if
                   the
                   Ship
                   containeth
                   twenty
                   Tuns
                   and
                   more
                   ,
                   then
                   the
                   King
                   is
                   to
                   have
                   two
                   Tuns
                   ,
                   the
                   one
                   to
                   be
                   taken
                   behind
                   the
                   Mad
                   ,
                   and
                   the
                   other
                   before
                   the
                   Mast
                   ,
                   the
                   King
                   paying
                   for
                   the
                   portage
                   twenty●sh
                   ,
                   and
                   by
                   reason
                   of
                   these
                   certainties
                   you
                   shall
                   find
                   in
                   the
                   Patent-Rolls
                   in
                   the
                   Tower
                   28.
                   
                   E.
                   1.
                   that
                   it
                   is
                   called
                   ,
                   
                   
                     Certa
                     prisa
                  
                   .
                   Thirdly
                   ,
                   it
                   is
                   to
                   be
                   observed
                   that
                   is
                   not
                   a
                   duty
                   newly
                   encroached
                   ,
                   for
                   it
                   hath
                   by
                   custom
                   (
                   time
                   out
                   of
                   mind
                   of
                   man
                   )
                   been
                   taken
                   ;
                   for
                   the
                   ancientest
                   Records
                   now
                   remaining
                   with
                   us
                   do
                   make
                   mention
                   of
                   the
                   payment
                   of
                   it
                   ;
                   for
                   in
                   the
                   Pat.
                   Rol.
                   aforementioned
                   being
                   in
                   the
                   40th
                   year
                   of
                   Henry
                   the
                   third
                   it
                   is
                   spoken
                   of
                   ;
                   and
                   Fleta
                   who
                   wrote
                   in
                   the
                   beginning
                   
                   of
                   E.
                   1.
                   his
                   time
                   ,
                   hath
                   not
                   been
                   silent
                   in
                   declaring
                   the
                   nature
                   of
                   prisage
                   ;
                   and
                   in
                   the
                   15.
                   
                   E.
                   2.
                   
                   
                     Rast
                     all
                  
                   Estreats
                   Sect.
                   22.
                   an
                   ordinance
                   is
                   made
                   amongst
                   other
                   things
                   that
                   the
                   Butler
                   of
                   the
                   King
                   for
                   the
                   time
                   being
                   ,
                   either
                   by
                   himself
                   or
                   his
                   Deputy
                   shall
                   enroll
                   the
                   Wines
                   of
                   prisage
                   ,
                   how
                   many
                   times
                   he
                   hath
                   taken
                   them
                   ,
                   the
                   testimony
                   of
                   persons
                   of
                   whom
                   the
                   price
                   was
                   had
                   ,
                   where
                   ,
                   and
                   when
                   ,
                   and
                   the
                   Customers
                   of
                   England
                   shall
                   be
                   charged
                   
                   according
                   as
                   they
                   are
                   assigned
                   for
                   the
                   gathering
                   of
                   customes
                   within
                   I
                   certain
                   bounds
                   ,
                   that
                   they
                   twice
                   yearly
                   shall
                   certifie
                   the
                   Treasurer
                   and
                   Barons
                   how
                   many
                   Ships
                   have
                   arrived
                   within
                   their
                   bounds
                   ,
                   &c.
                   
                   And
                   how
                   many
                   Ships
                   arrived
                   of
                   whom
                   the
                   King
                   did
                   take
                   prisage
                   of
                   Wine
                   ,
                   and
                   how
                   many
                   Tunnes
                   ,
                   and
                   in
                   what
                   Ships
                   the
                   King
                   did
                   take
                   twosh
                   .
                   for
                   the
                   Tun.
                   And
                   for
                   the
                   other
                   price
                   .
                   And
                   in
                   the
                   Pat.
                   Rol.
                   extant
                   in
                   20.
                   
                   R.
                   2.
                   you
                   
                   may
                   see
                   the
                   Record
                   speak
                   in
                   this
                   manner
                   .
                   
                     Memorandum
                     quod
                     Rex
                     habet
                     ex
                     antiqua
                     consuetudine
                     de
                     qualibet
                     navi
                     mercatoria
                     applicante
                     infra
                     aliquem
                     portum
                     Regni
                     Angliae
                     duo
                     dolia
                     vini
                     ,
                  
                   &c.
                   
                   All
                   which
                   shew
                   the
                   antiquity
                   of
                   it
                   .
                   Fourthly
                   ,
                   it
                   is
                   said
                   of
                   all
                   English
                   Merchants
                   to
                   make
                   a
                   difference
                   between
                   those
                   that
                   are
                   Merchants
                   ,
                   and
                   those
                   that
                   buy
                   Wines
                   beyond
                   the
                   Seas
                   for
                   their
                   own
                   private
                   provision
                   .
                   Secondly
                   to
                   make
                   a
                   distinction
                   between
                   the
                   English
                   Merchants
                   and
                   the
                   Merchant-strangers
                   ,
                   for
                   Merchant-strangers
                   by
                   a
                   Charter
                   made
                   unto
                   them
                   (
                   called
                   by
                   the
                   name
                   of
                   
                     Charta
                     Mercatoria
                  
                   )
                   in
                   the
                   one
                   and
                   thirtieth
                   year
                   of
                   E.
                   1
                   ,
                   his
                   Reign
                   are
                   discharged
                   of
                   the
                   payment
                   of
                   prisage
                   ,
                   in
                   recompence
                   ,
                   and
                   lien
                   of
                   
                   which
                   Immunity
                   granted
                   unto
                   them
                   ,
                   the
                   Merchant-strangers
                   by
                   way
                   of
                   thankful
                   restitution
                   granted
                   unto
                   the
                   King
                   and
                   his
                   Successours
                   ,
                   that
                   he
                   should
                   have
                   two
                   sh
                   .
                   of
                   every
                   Tun
                   of
                   Wine
                   brought
                   in
                   by
                   them
                   within
                   fourty
                   dayes
                   after
                   it
                   is
                   brought
                   into
                   the
                   Port
                   ,
                   the
                   which
                   two
                   sh
                   .
                   is
                   called
                   by
                   the
                   name
                   of
                   Butlerage
                   ,
                   because
                   the
                   Kings
                   Chief
                   Butler
                   by
                   reason
                   of
                   his
                   Office
                   is
                   to
                   receive
                   it
                   .
                   And
                   those
                   subject
                   of
                   the
                   Kings
                   who
                   do
                   buy
                   Wines
                   beyond
                   the
                   Seas
                   for
                   their
                   own
                   spending
                   ,
                   without
                   any
                   intention
                   to
                   Merchandize
                   ,
                   ought
                   not
                   to
                   pay
                   prisage
                   for
                   those
                   Wines
                   .
                   Sixthly
                   ,
                   it
                   is
                   expressed
                   of
                   all
                   Wines
                   brought
                   from
                   beyond
                   the
                   Seas
                   ;
                   for
                   that
                   if
                   Wines
                   should
                   be
                   made
                   in
                   England
                   .
                   as
                   in
                   times
                   past
                   they
                   have
                   been
                   (
                   as
                   it
                   appeareth
                   by
                   an
                   ancient
                   Record
                   in
                   Windsor-Castle
                   ,
                   where
                   it
                   is
                   said
                   that
                   the
                   Parson
                   had
                   ten
                   pound
                   for
                   the
                   Tythe
                   of
                   Claret-Wine
                   mad
                   there
                   )
                   and
                   they
                   should
                   be
                   transported
                   from
                   one
                   Port
                   to
                   another
                   to
                   be
                   sold
                   ,
                   no
                   prisage
                   shall
                   be
                   paid
                   for
                   them
                   .
                   Lastly
                   ,
                   it
                   is
                   described
                   which
                   hath
                   used
                   to
                   be
                   taken
                   ,
                   and
                   not
                   which
                   hath
                   used
                   to
                   be
                   paid
                   by
                   the
                   owners
                   ,
                   and
                   Merchants
                   of
                   the
                   Wines
                   ,
                   and
                   the
                   Etymology
                   of
                   the
                   
                   word
                   importeth
                   as
                   much
                   .
                   For
                   Prisae
                   being
                   the
                   Latine
                   word
                   for
                   prisage
                   ,
                   hath
                   it's
                   name
                   of
                   prendere
                   ,
                   and
                   is
                   no
                   more
                   than
                   Prizel
                   ,
                   which
                   is
                   taking
                   ,
                   and
                   is
                   a
                   Participle
                   of
                   the
                   word
                   Prendere
                   ,
                   which
                   may
                   be
                   applied
                   to
                   all
                   manner
                   of
                   takings
                   ;
                   howsoever
                   here
                   it
                   is
                   only
                   limited
                   to
                   the
                   taking
                   of
                   Wines
                   .
                
                 
                   As
                   to
                   the
                   second
                   part
                   ,
                   which
                   is
                   what
                   
                   is
                   the
                   cause
                   ,
                   and
                   ground
                   of
                   the
                   payment
                   of
                   prisage
                   ,
                   there
                   is
                   not
                   any
                   Record
                   to
                   be
                   seen
                   which
                   manifesteth
                   the
                   original
                   cause
                   of
                   the
                   payment
                   of
                   it
                   ;
                   but
                   it
                   is
                   probably
                   conjectured
                   that
                   for
                   as
                   much
                   as
                   the
                   King
                   of
                   England
                   is
                   King
                   of
                   the
                   narrow
                   Seas
                   ,
                   and
                   hath
                   been
                   alwayes
                   at
                   a
                   perpetual
                   charge
                   in
                   the
                   maintaining
                   of
                   Ships
                   for
                   the
                   defence
                   of
                   his
                   Merchants
                   ,
                   and
                   protecting
                   of
                   them
                   from
                   the
                   cruel
                   spoile
                   of
                   the
                   Pyrates
                   ,
                   and
                   in
                   scouring
                   the
                   Seas
                   to
                   make
                   their
                   passage
                   the
                   more
                   secure
                   ;
                   therefore
                   in
                   recompence
                   and
                   satisfaction
                   of
                   this
                   care
                   ,
                   and
                   charge
                   ,
                   the
                   Merchants
                   have
                   always
                   used
                   (
                   time
                   out
                   of
                   mind
                   )
                   to
                   give
                   an
                   allowance
                   unto
                   the
                   King
                   ,
                   and
                   his
                   Officers
                   for
                   the
                   taking
                   of
                   this
                   prisage
                   of
                   Wines
                   for
                   the
                   better
                   provision
                   of
                   his
                   houshold
                   ,
                   the
                   which
                   allowance
                   ,
                   and
                   usage
                   being
                   continued
                   
                   time
                   out
                   of
                   mind
                   ,
                   hath
                   made
                   it
                   to
                   be
                   a
                   duty
                   unto
                   the
                   King
                   ,
                   and
                   likewise
                   because
                   the
                   King
                   hath
                   used
                   to
                   take
                   one
                   Tun
                   out
                   of
                   ten
                   Tuns
                   ,
                   and
                   two
                   Tuns
                   out
                   of
                   twenty
                   Tuns
                   (
                   for
                   in
                   ancient
                   time
                   ,
                   the
                   Ships
                   that
                   went
                   for
                   these
                   Wines
                   being
                   no
                   great
                   Voyage
                   ,
                   were
                   not
                   of
                   much
                   greater
                   burden
                   )
                   some
                   have
                   conceived
                   that
                   this
                   was
                   in
                   nature
                   of
                   a
                   Tythe
                   ,
                   paid
                   unto
                   the
                   King
                   ,
                   and
                   as
                   the
                   particular
                   Pastor
                   ,
                   which
                   ministreth
                   spiritual
                   things
                   for
                   the
                   Food
                   of
                   the
                   Soul
                   ,
                   hath
                   of
                   right
                   the
                   tenth
                   part
                   of
                   his
                   clear
                   gains
                   due
                   unto
                   him
                   :
                   So
                   the
                   King
                   in
                   that
                   proportion
                   being
                   
                     Parens
                     patriae
                  
                   ,
                   and
                   the
                   general
                   Pastor
                   of
                   all
                   his
                   Subjects
                   ,
                   protecting
                   their
                   lives
                   and
                   goods
                   from
                   violent
                   oppression
                   upon
                   the
                   Seas
                   hath
                   received
                   ,
                   and
                   taken
                   the
                   tenth
                   part
                   of
                   the
                   Wines
                   brought
                   in
                   .
                   But
                   this
                   only
                   conjectured
                   ,
                   and
                   therefore
                   I
                   cannot
                   warrant
                   it
                   to
                   be
                   a
                   sure
                   Foundation
                   to
                   build
                   on
                   .
                
                 
                   As
                   to
                   the
                   third
                   ,
                   which
                   is
                   ,
                   at
                   what
                   time
                   prisage
                   is
                   said
                   to
                   be
                   due
                   .
                   I
                   do
                   likewise
                   
                   find
                   some
                   doubt
                   to
                   be
                   made
                   of
                   it
                   ;
                   for
                   some
                   Judges
                   (
                   unto
                   whose
                   Learning
                   ,
                   and
                   Judgement
                   because
                   of
                   their
                   Eminent
                   
                   parts
                   ,
                   and
                   singular
                   industry
                   ,
                   much
                   reverence
                   is
                   to
                   be
                   ascribed
                   )
                   have
                   been
                   
                   of
                   opinion
                   that
                   before
                   such
                   time
                   as
                   the
                   bulk
                   of
                   the
                   Ship
                   be
                   broken
                   up
                   ,
                   or
                   that
                   it
                   be
                   arrived
                   at
                   the
                   English
                   Port
                   ,
                   prisage
                   is
                   due
                   ,
                   and
                   therefore
                   if
                   a
                   Ship
                   after
                   such
                   time
                   as
                   it
                   is
                   come
                   up
                   into
                   the
                   Haven
                   ,
                   finding
                   that
                   Wines
                   will
                   not
                   bear
                   any
                   price
                   ,
                   doth
                   before
                   the
                   Bulk
                   of
                   the
                   Ship
                   be
                   broken
                   ,
                   depart
                   out
                   of
                   the
                   Harbour
                   ,
                   and
                   go
                   back
                   beyond
                   the
                   Seas
                   ,
                   and
                   there
                   vent
                   those
                   Wines
                   .
                   The
                   King
                   ,
                   this
                   notwithstanding
                   ,
                   may
                   require
                   his
                   prisage
                   at
                   the
                   Merchants
                   hands
                   ;
                   for
                   the
                   narrow
                   Seas
                   being
                   within
                   the
                   Alleageance
                   of
                   the
                   King
                   of
                   England
                   ,
                   as
                   it
                   appeareth
                   by
                   divers
                   of
                   our
                   year-Books
                   ,
                   so
                   soon
                   as
                   the
                   
                   Ships
                   come
                   upon
                   them
                   ,
                   there
                   is
                   the
                   duty
                   of
                   prisage
                   accrued
                   unto
                   the
                   King
                   ,
                   whereof
                   it
                   doth
                   not
                   lie
                   in
                   the
                   power
                   of
                   the
                   Merchant
                   to
                   defeat
                   him
                   ;
                   and
                   also
                   the
                   very
                   nature
                   of
                   prisage
                   being
                   to
                   have
                   one
                   Tun
                   before
                   the
                   Mast
                   ,
                   and
                   one
                   other
                   Tun
                   behind
                   the
                   Mast
                   ,
                   sheweth
                   that
                   the
                   King
                   hath
                   an
                   Election
                   to
                   take
                   his
                   Tuns
                   of
                   Wine
                   where
                   he
                   will
                   ,
                   the
                   which
                   may
                   not
                   be
                   ,
                   if
                   the
                   duty
                   of
                   prisage
                   should
                   arise
                   out
                   of
                   the
                   breaking
                   of
                   the
                   Bulk
                   for
                   when
                   the
                   Bulk
                   is
                   broken
                   ,
                   how
                   doth
                   it
                   appear
                   which
                   is
                   the
                   Tun
                   before
                   the
                   Mast
                   ,
                   and
                   which
                   is
                   the
                   Tun
                   behind
                   the
                   
                   Mast
                   ?
                   So
                   as
                   the
                   King
                   may
                   have
                   the
                   Election
                   to
                   take
                   his
                   prisage
                   ,
                   as
                   the
                   Law
                   giveth
                   it
                   unto
                   him
                   ;
                   and
                   they
                   are
                   of
                   opinion
                   ,
                   that
                   if
                   a
                   Ship
                   come
                   into
                   the
                   Port
                   laden
                   with
                   Wines
                   ,
                   that
                   the
                   King
                   is
                   not
                   to
                   expect
                   his
                   prisage
                   where
                   the
                   Merchant
                   will
                   unlade
                   his
                   Wines
                   ;
                   for
                   it
                   being
                   a
                   certain
                   duty
                   accrued
                   unto
                   the
                   King
                   upon
                   the
                   coming
                   into
                   the
                   Port
                   ,
                   he
                   may
                   take
                   it
                   at
                   the
                   Port
                   ,
                   and
                   is
                   not
                   bound
                   to
                   wait
                   upon
                   the
                   Merchant
                   from
                   one
                   Port
                   unto
                   another
                   ,
                   untill
                   he
                   will
                   or
                   can
                   unlade
                   his
                   Ship
                   :
                   But
                   the
                   residue
                   of
                   the
                   Justices
                   which
                   argued
                   in
                   this
                   case
                   ,
                   were
                   of
                   opinion
                   ,
                   that
                   prisage
                   is
                   not
                   due
                   ,
                   until
                   the
                   Bulk
                   of
                   the
                   Ship
                   be
                   broken
                   ;
                   so
                   as
                   that
                   if
                   the
                   Merchant
                   after
                   his
                   arrival
                   at
                   the
                   Port
                   ,
                   will
                   go
                   unto
                   another
                   Port
                   ,
                   the
                   King
                   may
                   not
                   take
                   his
                   prisage
                   before
                   such
                   time
                   as
                   they
                   come
                   unto
                   that
                   Port
                   where
                   they
                   unlade
                   ;
                   and
                   their
                   opinion
                   was
                   grounded
                   upon
                   the
                   reasons
                   following
                   ,
                   that
                   is
                   to
                   say
                   ;
                   First
                   ,
                   because
                   the
                   reason
                   and
                   ground
                   of
                   the
                   payment
                   of
                   prisage
                   ,
                   being
                   the
                   security
                   which
                   the
                   Merchants
                   enjoy
                   by
                   ,
                   and
                   through
                   the
                   care
                   and
                   charge
                   of
                   the
                   King
                   upon
                   the
                   narrow
                   Seas
                   ,
                   they
                   ought
                   to
                   be
                   secured
                   of
                   that
                   benefit
                   ,
                   before
                   such
                   time
                   as
                   
                   they
                   shall
                   be
                   forced
                   to
                   pay
                   the
                   duty
                   ;
                   and
                   before
                   the
                   breaking
                   of
                   the
                   Bulk
                   of
                   the
                   Ship
                   ,
                   they
                   are
                   not
                   ascertained
                   of
                   their
                   safe
                   conduct
                   ,
                   insomuch
                   that
                   howsoever
                   they
                   be
                   in
                   the
                   Port
                   or
                   Harbour
                   ,
                   yet
                   they
                   may
                   have
                   cause
                   to
                   put
                   out
                   into
                   the
                   Main
                   again
                   ,
                   as
                   if
                   they
                   were
                   driven
                   in
                   there
                   through
                   danger
                   of
                   Pyrates
                   ,
                   or
                   violence
                   of
                   Tempests
                   ,
                   their
                   Cocquet
                   shewing
                   their
                   course
                   to
                   be
                   bent
                   unto
                   another
                   place
                   ,
                   and
                   it
                   is
                   no
                   reason
                   that
                   the
                   K.
                   should
                   take
                   his
                   duty
                   before
                   such
                   time
                   as
                   the
                   Merchant
                   be
                   assured
                   of
                   his
                   protection
                   .
                   Secondly
                   ,
                   incertainties
                   are
                   always
                   odious
                   in
                   Law
                   ;
                   for
                   they
                   are
                   the
                   Mother
                   of
                   confusion
                   ,
                   whereas
                   the
                   Law
                   expecteth
                   and
                   requireth
                   order
                   :
                   And
                   if
                   the
                   time
                   expressed
                   be
                   alwayes
                   ambiguous
                   ,
                   or
                   doubtful
                   ,
                   it
                   is
                   careful
                   in
                   the
                   determining
                   and
                   setting
                   of
                   it
                   down
                   certainly
                   ;
                   and
                   for
                   the
                   most
                   part
                   where
                   it
                   is
                   left
                   to
                   her
                   construction
                   ,
                   she
                   giveth
                   the
                   longest
                   time
                   for
                   the
                   doing
                   of
                   it
                   ,
                   whereby
                   best
                   advantage
                   may
                   be
                   given
                   unto
                   the
                   party
                   which
                   is
                   to
                   do
                   it
                   ,
                   the
                   which
                   may
                   be
                   manifest
                   by
                   divers
                   instances
                   of
                   cases
                   set
                   down
                   in
                   our
                   Books
                   which
                   I
                   do
                   purposely
                   omit
                   to
                   avoid
                   too
                   much
                   prolixity
                   ;
                   Wherefore
                   it
                   being
                   the
                   
                   most
                   certain
                   ,
                   and
                   the
                   most
                   equal
                   time
                   both
                   for
                   the
                   King
                   and
                   Merchant
                   to
                   have
                   the
                   prisage
                   taken
                   when
                   the
                   Bulk
                   of
                   the
                   Ship
                   is
                   broken
                   ;
                   the
                   Law
                   ,
                   to
                   whose
                   construction
                   it
                   is
                   left
                   ,
                   shall
                   rather
                   ordain
                   the
                   taking
                   of
                   it
                   to
                   be
                   then
                   ,
                   than
                   at
                   any
                   other
                   time
                   ;
                   for
                   if
                   the
                   Law
                   should
                   say
                   ,
                   that
                   it
                   is
                   a
                   duty
                   presently
                   upon
                   the
                   coming
                   upon
                   the
                   narrow
                   Seas
                   ,
                   it
                   should
                   say
                   ,
                   it
                   is
                   a
                   duty
                   before
                   such
                   time
                   as
                   the
                   Merchant
                   can
                   assure
                   himself
                   they
                   are
                   his
                   Wines
                   to
                   dispose
                   ,
                   insomuch
                   that
                   before
                   the
                   coming
                   into
                   Harbour
                   ,
                   they
                   may
                   be
                   swallowed
                   up
                   by
                   the
                   Seas
                   ,
                   or
                   he
                   may
                   be
                   dispoiled
                   of
                   them
                   by
                   Enemies
                   unto
                   the
                   King
                   ,
                   or
                   Rebels
                   unto
                   the
                   State.
                   And
                   if
                   the
                   Law
                   should
                   determine
                   the
                   duty
                   to
                   the
                   King
                   when
                   the
                   Ships
                   are
                   safely
                   in
                   the
                   Harbour
                   ,
                   there
                   might
                   a
                   great
                   inconvenience
                   ensue
                   upon
                   this
                   Judgement
                   ,
                   because
                   it
                   may
                   very
                   well
                   be
                   ,
                   that
                   their
                   course
                   was
                   intended
                   to
                   another
                   place
                   ,
                   and
                   they
                   were
                   driven
                   in
                   there
                   only
                   by
                   misadventure
                   ,
                   and
                   it
                   would
                   be
                   mischievous
                   to
                   have
                   the
                   Ship
                   rifled
                   ,
                   and
                   their
                   Wines
                   disordered
                   ,
                   before
                   they
                   had
                   attained
                   unto
                   the
                   intended
                   Haven
                   .
                   Thirdly
                   ,
                   this
                   opinion
                   is
                   consonant
                   unto
                   the
                   Judgements
                   in
                   former
                   times
                   ;
                   for
                   it
                   
                   was
                   ruled
                   in
                   the
                   case
                   of
                   one
                   Kenniston
                   ,
                   
                   and
                   Boggius
                   ,
                   in
                   the
                   fifth
                   year
                   of
                   his
                   Majesties
                   Reign
                   that
                   now
                   is
                   ,
                   that
                   prisage
                   shall
                   not
                   be
                   said
                   to
                   be
                   due
                   until
                   such
                   time
                   as
                   the
                   Bulk
                   be
                   broken
                   ,
                   and
                   the
                   Ship
                   unladen
                   .
                   And
                   likewise
                   there
                   is
                   a
                   Record
                   ,
                   by
                   which
                   it
                   appeareth
                   ,
                   that
                   the
                   King
                   is
                   to
                   have
                   Prisage
                   of
                   every
                   Ship
                   bringing
                   VVine
                   into
                   England
                   and
                   unladen
                   thereof
                   ,
                   so
                   as
                   if
                   it
                   be
                   not
                   unladen
                   then
                   the
                   King
                   by
                   that
                   Record
                   is
                   not
                   to
                   have
                   Prisage
                   .
                   Besides
                   ,
                   it
                   appeareth
                   by
                   the
                   Record
                   concerning
                   the
                   payment
                   of
                   Butlerage
                   by
                   the
                   Merchant
                   Aliens
                   ,
                   that
                   the
                   King
                   is
                   to
                   have
                   there
                   two
                   shillings
                   of
                   them
                   for
                   every
                   Tun
                   within
                   fourty
                   dayes
                   after
                   the
                   unlading
                   ;
                   so
                   as
                   the
                   Law
                   pointeth
                   at
                   the
                   unlading
                   ;
                   wheresore
                   this
                   Prisage
                   differing
                   only
                   because
                   the
                   VVines
                   are
                   paid
                   
                     in
                     specie
                  
                   ,
                   it
                   shall
                   be
                   an
                   Argument
                   thus
                   far
                   to
                   perswade
                   ,
                   that
                   the
                   Law
                   will
                   not
                   appoint
                   the
                   time
                   of
                   taking
                   the
                   Wines
                   
                     in
                     specie
                  
                   before
                   the
                   unlading
                   ,
                   when
                   it
                   giveth
                   for
                   the
                   payment
                   of
                   the
                   two
                   shillings
                   until
                   sourty
                   dayes
                   after
                   the
                   unlading
                   .
                
                 
                   Fourthly
                   ,
                   it
                   was
                   resolved
                   that
                   howsoever
                   
                   Prisage
                   of
                   Wines
                   is
                   a
                   Flower
                   of
                   the
                   Crown
                   ,
                   yet
                   is
                   it
                   not
                   such
                   an
                   inseparable
                   
                   Flower
                   of
                   the
                   Crown
                   ,
                   but
                   that
                   it
                   may
                   well
                   enough
                   be
                   granted
                   over
                   ,
                   for
                   it
                   is
                   a
                   matter
                   of
                   profit
                   and
                   benefit
                   which
                   is
                   to
                   redound
                   unto
                   the
                   King
                   ,
                   and
                   it
                   is
                   not
                   of
                   the
                   nature
                   of
                   a
                   Purachans
                   meerly
                   ,
                   for
                   that
                   it
                   is
                   inseperably
                   annexed
                   in
                   privity
                   unto
                   the
                   person
                   of
                   the
                   King
                   ,
                   that
                   it
                   may
                   not
                   be
                   granted
                   over
                   .
                   And
                   accordingly
                   it
                   was
                   resolved
                   in
                   the
                   case
                   of
                   Sir
                   
                     Thomas
                     Vavasor
                  
                   ,
                   who
                   married
                   
                   one
                   of
                   the
                   Daughters
                   of
                   Alderman
                   Houghton
                   ,
                   who
                   had
                   a
                   Grant
                   of
                   the
                   Prisage
                   made
                   unto
                   him
                   .
                   And
                   in
                   the
                   15.
                   of
                   E.
                   4.
                   in
                   the
                   Patent-Rolls
                   it
                   appeareth
                   ,
                   that
                   one
                   Fitzherbert
                   had
                   
                   a
                   Grant
                   made
                   unto
                   him
                   ,
                   and
                   by
                   the
                   same
                   reason
                   that
                   a
                   Grant
                   may
                   be
                   made
                   of
                   Prisage
                   ,
                   
                     à
                     fortiori
                  
                   may
                   there
                   be
                   a
                   Grant
                   made
                   unto
                   certain
                   persons
                   to
                   discharge
                   them
                   of
                   the
                   payment
                   of
                   it
                   ;
                   for
                   it
                   is
                   easier
                   to
                   make
                   one
                   capable
                   in
                   point
                   of
                   discharge
                   ,
                   than
                   by
                   way
                   of
                   Grant
                   ,
                   and
                   the
                   Charter
                   made
                   to
                   the
                   Merchants
                   Strangers
                   for
                   the
                   discharge
                   of
                   the
                   payment
                   of
                   Prisage
                   .
                   And
                   the
                   Statute
                   of
                   1.
                   
                   H
                   8.
                   cap.
                   5.
                   sheweth
                   that
                   a
                   Charter
                   made
                   for
                   the
                   discharge
                   of
                   Prisage
                   ,
                   is
                   well
                   ,
                   and
                   allowable
                   ,
                
                 
                   Fifthly
                   ,
                   this
                   Grant
                   made
                   unto
                   the
                   
                   
                   Mayor
                   and
                   Commonalty
                   ,
                   and
                   their
                   Successors
                   ,
                   
                     Quod
                     de
                     vinis
                     civium
                     nulla
                     prisa
                     fiat
                     ,
                  
                   is
                   good
                   enough
                   ,
                   and
                   the
                   grant
                   may
                   well
                   enough
                   be
                   made
                   unto
                   a
                   body
                   politique
                   ,
                   and
                   the
                   benefit
                   of
                   the
                   Patent
                   distributed
                   unto
                   a
                   body
                   natural
                   ;
                   for
                   Patents
                   of
                   that
                   nature
                   are
                   usual
                   in
                   the
                   year-Book
                   of
                   the
                   Common
                   Laws
                   of
                   this
                   our
                   Realm
                   ,
                   and
                   never
                   any
                   exception
                   taken
                   unto
                   them
                   when
                   there
                   hath
                   been
                   less
                   warrant
                   in
                   reason
                   to
                   make
                   them
                   good
                   ,
                   then
                   there
                   is
                   for
                   this
                   our
                   Patent
                   which
                   we
                   have
                   here
                   in
                   hand
                   :
                   For
                   the
                   City
                   of
                   London
                   being
                   the
                   Metropolitan
                   City
                   of
                   this
                   Land
                   ,
                   the
                   which
                   may
                   well
                   be
                   called
                   the
                   Heart
                   and
                   Epitome
                   of
                   the
                   whole
                   Realm
                   ,
                   and
                   the
                   Chamber
                   of
                   the
                   King
                   ,
                   the
                   Merchants
                   whereof
                   do
                   fill
                   the
                   Coffers
                   of
                   the
                   Prince
                   by
                   their
                   customes
                   ,
                   and
                   do
                   supply
                   the
                   Subjects
                   of
                   his
                   Majesty
                   with
                   all
                   manner
                   of
                   necessaries
                   ,
                   do
                   encrease
                   the
                   honour
                   of
                   their
                   Nation
                   by
                   their
                   Commerce
                   ,
                   and
                   Traffique
                   abroad
                   ,
                   and
                   do
                   strengthen
                   the
                   whole
                   body
                   of
                   it
                   by
                   shipping
                   ,
                   which
                   are
                   termed
                   the
                   wooden
                   Walls
                   .
                   It
                   is
                   reason
                   that
                   all
                   Charters
                   made
                   in
                   their
                   favour
                   ,
                   and
                   giving
                   them
                   Immunities
                   and
                   Priviledges
                   ,
                   should
                   receive
                   a
                   benigne
                   interpretation
                   ,
                   and
                   the
                   
                   more
                   especially
                   also
                   ,
                   because
                   at
                   this
                   time
                   all
                   Merchants
                   strangers
                   had
                   a
                   Charter
                   of
                   discharge
                   for
                   the
                   payment
                   of
                   prisage
                   ,
                   but
                   only
                   that
                   they
                   were
                   to
                   pay
                   two
                   shillings
                   in
                   the
                   Tun
                   ;
                   and
                   so
                   if
                   the
                   Merchants
                   of
                   London
                   should
                   not
                   have
                   had
                   a
                   Charter
                   of
                   discharge
                   ,
                   they
                   would
                   have
                   been
                   discouraged
                   from
                   trading
                   for
                   Wines
                   ,
                   because
                   the
                   Merchants
                   strangers
                   would
                   have
                   been
                   able
                   to
                   have
                   afforded
                   their
                   Wines
                   at
                   easier
                   rates
                   ,
                   because
                   they
                   were
                   freed
                   of
                   some
                   part
                   of
                   that
                   charge
                   ,
                   which
                   the
                   English
                   Merchants
                   were
                   burthened
                   with
                   .
                
                 
                   Sixthly
                   ,
                   as
                   to
                   the
                   Declaration
                   ,
                   what
                   persons
                   shall
                   be
                   discharged
                   of
                   the
                   payment
                   
                   of
                   prisage
                   within
                   the
                   words
                   of
                   this
                   Charter
                   ,
                   it
                   will
                   be
                   the
                   better
                   manifested
                   by
                   shewing
                   the
                   destinctions
                   and
                   degrees
                   of
                   Citizens
                   which
                   are
                   to
                   be
                   found
                   ,
                   for
                   there
                   is
                   mention
                   made
                   of
                   five
                   manner
                   of
                   Citizens
                   .
                   The
                   first
                   of
                   which
                   is
                   ,
                   he
                   
                   that
                   is
                   a
                   Citizen
                   of
                   London
                   ,
                   for
                   the
                   bearing
                   of
                   offices
                   in
                   the
                   City
                   ,
                   and
                   such
                   special
                   intents
                   ,
                   because
                   he
                   is
                   a
                   Freeman
                   of
                   the
                   City
                   ,
                   but
                   he
                   is
                   not
                   a
                   Citizen
                   in
                   residency
                   and
                   continuance
                   in
                   the
                   City
                   ;
                   for
                   he
                   inhabiteth
                   and
                   dwelleth
                   out
                   of
                   the
                   City
                   ,
                   and
                   such
                   a
                   Citizen
                   as
                   this
                   ,
                   is
                   not
                   
                   such
                   a
                   Citizen
                   as
                   shall
                   enjoy
                   the
                   benefit
                   and
                   priviledge
                   to
                   be
                   discharged
                   of
                   the
                   payment
                   of
                   prisage
                   ,
                   according
                   to
                   the
                   resolution
                   given
                   in
                   the
                   Exchequer
                   in
                   the
                   Case
                   of
                   one
                   
                     Knolls
                     .
                     Trin.
                  
                   4.
                   
                   H.
                   6.
                   
                   Rot.
                   14.
                   where
                   it
                   was
                   ruled
                   ,
                   that
                   one
                   that
                   was
                   a
                   Citizen
                   and
                   Freeman
                   of
                   London
                   but
                   dwelt
                   in
                   Bristol
                   ,
                   might
                   not
                   partake
                   of
                   the
                   benefit
                   of
                   this
                   Charter
                   ,
                   insomuch
                   ,
                   that
                   he
                   by
                   reason
                   of
                   his
                   dwelling
                   out
                   of
                   the
                   City
                   ,
                   was
                   only
                   a
                   Citizen
                   to
                   a
                   special
                   intent
                   .
                   The
                   second
                   sort
                   of
                   
                   Citizens
                   are
                   those
                   which
                   are
                   Citizens
                   in
                   respect
                   of
                   their
                   Freedome
                   ,
                   and
                   likewise
                   in
                   regard
                   of
                   residence
                   within
                   the
                   City
                   ,
                   but
                   are
                   not
                   such
                   Citizens
                   as
                   do
                   keep
                   a
                   Family
                   and
                   Houshold
                   within
                   the
                   City
                   ,
                   but
                   are
                   Inmates
                   and
                   Sojourners
                   ,
                   and
                   they
                   do
                   harbour
                   themselves
                   under
                   the
                   Roof
                   of
                   another
                   ,
                   and
                   a
                   Citizen
                   of
                   this
                   nature
                   ,
                   is
                   not
                   a
                   Citizen
                   which
                   is
                   capable
                   of
                   the
                   Immunity
                   granted
                   by
                   this
                   Charter
                   ;
                   for
                   the
                   discharge
                   of
                   payment
                   of
                   prisage
                   ,
                   according
                   to
                   the
                   resolution
                   given
                   in
                   the
                   Exchequer
                   ,
                   in
                   the
                   case
                   of
                   one
                   Snead
                   and
                   
                     Sacheneril
                     .
                     Hill.
                  
                   43.
                   
                   
                     Eliz.
                     Rot.
                  
                   22.
                   for
                   such
                   a
                   Citizen
                   is
                   not
                   subject
                   to
                   Scot
                   and
                   Lot
                   ,
                   as
                   he
                   that
                   is
                   a
                   housholder
                   ,
                   
                     Et
                     qui
                     non
                     sentit
                     onus
                     ,
                     sentire
                     non
                     debet
                  
                   
                   commodum
                   .
                   The
                   third
                   sort
                   of
                   Citizens
                   are
                   those
                   which
                   do
                   inhabit
                   ,
                   reside
                   ,
                   and
                   
                   keep
                   a
                   Family
                   in
                   the
                   City
                   ,
                   but
                   they
                   are
                   not
                   Freemen
                   of
                   the
                   City
                   ,
                   so
                   as
                   they
                   may
                   be
                   chosen
                   in
                   any
                   office
                   ,
                   and
                   undergo
                   the
                   charge
                   of
                   the
                   City
                   ;
                   and
                   as
                   well
                   as
                   the
                   Common
                   Law
                   doth
                   exclude
                   such
                   Citizens
                   for
                   devising
                   Lands
                   in
                   Mortmaigne
                   
                   unto
                   the
                   Guild
                   of
                   the
                   City
                   ,
                   according
                   to
                   the
                   custome
                   of
                   the
                   City
                   of
                   
                   London
                   ,
                   as
                   appeareth
                   by
                   divers
                   Book-Cases
                   ,
                   as
                   well
                   shall
                   the
                   Common
                   Law
                   exclude
                   them
                   from
                   enjoyning
                   the
                   benefit
                   of
                   the
                   Charter
                   to
                   be
                   discharged
                   of
                   the
                   payment
                   of
                   prisage
                   .
                   The
                   fourth
                   sort
                   of
                   Citizens
                   ,
                   are
                   those
                   which
                   are
                   both
                   Citizens
                   ,
                   
                   and
                   Freemen
                   ,
                   and
                   do
                   reside
                   ,
                   and
                   keep
                   family
                   in
                   the
                   City
                   of
                   London
                   ,
                   and
                   they
                   are
                   not
                   continuing
                   Citizens
                   at
                   such
                   time
                   as
                   the
                   Bulk
                   is
                   broken
                   ,
                   and
                   the
                   Ship
                   unladen
                   ;
                   for
                   they
                   were
                   disfranchised
                   before
                   .
                   These
                   Citizens
                   likewise
                   shall
                   not
                   enjoy
                   the
                   exemption
                   granted
                   for
                   the
                   discharge
                   of
                   the
                   payment
                   of
                   Prisage
                   :
                   insomuch
                   that
                   they
                   were
                   not
                   continuing
                   Citizens
                   at
                   that
                   time
                   as
                   the
                   prisage
                   ought
                   to
                   be
                   taken
                   .
                   The
                   fifth
                   sort
                   of
                   Citizens
                   ,
                   are
                   those
                   which
                   are
                   both
                   Citizens
                   ,
                   
                   and
                   Freemen
                   ,
                   and
                   have
                   their
                   families
                   
                   and
                   dwelling
                   in
                   London
                   ,
                   and
                   do
                   continue
                   Citizens
                   at
                   such
                   time
                   as
                   prisage
                   ,
                   ought
                   to
                   be
                   taken
                   :
                   Now
                   Citizens
                   of
                   this
                   kind
                   are
                   the
                   real
                   ,
                   proper
                   ,
                   and
                   natural
                   Citizens
                   intended
                   by
                   this
                   Charter
                   ,
                   which
                   are
                   to
                   be
                   discharged
                   of
                   prisage
                   ;
                   and
                   therefore
                   a
                   Woman
                   which
                   is
                   a
                   Citizen
                   of
                   this
                   kind
                   ,
                   howsoever
                   she
                   cannot
                   bear
                   offices
                   in
                   the
                   City
                   as
                   a
                   Citize●
                   ,
                   is
                   yet
                   intended
                   by
                   the
                   Charter
                   :
                   And
                   yet
                   also
                   in
                   some
                   cases
                   ,
                   Citizens
                   of
                   this
                   kind
                   shall
                   not
                   be
                   intended
                   within
                   the
                   words
                   of
                   this
                   Charter
                   ;
                   and
                   therefore
                   if
                   the
                   Mayor
                   and
                   Commonalty
                   have
                   a
                   joynt
                   Stock
                   of
                   Wines
                   come
                   into
                   the
                   Port
                   of
                   London
                   ,
                   now
                   prisage
                   shall
                   be
                   taken
                   of
                   these
                   Wine
                   ,
                   not
                   withstanding
                   that
                   every
                   of
                   them
                   in
                   their
                   proper
                   persons
                   Citizens
                   ,
                   both
                   
                     residentiâ
                     ,
                     familiâ
                  
                   ,
                   and
                   continuatione
                   ;
                   for
                   respect
                   is
                   not
                   to
                   be
                   had
                   to
                   their
                   natural
                   bodies
                   ,
                   but
                   to
                   their
                   politique
                   body
                   ,
                   in
                   which
                   capacity
                   the
                   Charter
                   will
                   not
                   extend
                   to
                   them
                   .
                   So
                   if
                   one
                   at
                   the
                   time
                   ,
                   that
                   he
                   fraughteth
                   a
                   Ship
                   ,
                   be
                   not
                   a
                   Citizen
                   in
                   all
                   the
                   degrees
                   ,
                   now
                   howsoever
                   afterwards
                   before
                   the
                   return
                   of
                   the
                   Ship
                   he
                   be
                   enabled
                   in
                   every
                   respect
                   ,
                   yet
                   he
                   shall
                   not
                   enjoy
                   the
                   benefit
                   of
                   the
                   Charter
                   ,
                   insomuch
                   that
                   he
                   
                   was
                   not
                   so
                   at
                   that
                   time
                   that
                   the
                   Ship
                   was
                   sent
                   abroad
                   .
                
                 
                   Seventhly
                   and
                   lastly
                   ,
                   what
                   Wines
                   shall
                   be
                   discharged
                   of
                   the
                   payment
                   of
                   
                   prisage
                   ,
                   it
                   will
                   better
                   appear
                   by
                   the
                   consideration
                   had
                   of
                   the
                   several
                   kinds
                   of
                   properties
                   ;
                   and
                   therefore
                   he
                   that
                   shall
                   have
                   his
                   Wines
                   discharged
                   of
                   prisage
                   ought
                   to
                   have
                   a
                   property
                   in
                   them
                   ,
                   
                     quarto
                     modo
                  
                   ,
                   that
                   is
                   ,
                   
                     sibi
                     solùm
                     &
                     semper
                  
                   ;
                   and
                   also
                   he
                   ought
                   to
                   have
                   
                     jus
                     possessionis
                  
                   and
                   
                     jus
                     proprietatis
                  
                   ,
                   and
                   the
                   one
                   without
                   the
                   other
                   will
                   not
                   serve
                   the
                   turn
                   ;
                   and
                   therefore
                   if
                   a
                   Citizen
                   and
                   Forreigner
                   be
                   joynt
                   Merchants
                   for
                   Wines
                   ,
                   now
                   the
                   Wines
                   of
                   these
                   joynt
                   Merchants
                   shall
                   not
                   be
                   discharged
                   of
                   the
                   payment
                   of
                   prisage
                   ,
                   insomuch
                   that
                   the
                   Citizen
                   hath
                   not
                   a
                   sole
                   property
                   in
                   them
                   ,
                   and
                   it
                   may
                   not
                   be
                   distingnished
                   which
                   of
                   the
                   Wines
                   belong
                   unto
                   the
                   Citizen
                   ,
                   and
                   which
                   to
                   the
                   Forreigner
                   ,
                   because
                   of
                   their
                   joynt
                   interest
                   .
                   But
                   if
                   two
                   Citizens
                   be
                   joynt
                   Merchants
                   or
                   Tenants
                   in
                   common
                   of
                   Wines
                   ,
                   now
                   these
                   Wines
                   shall
                   be
                   within
                   the
                   compass
                   of
                   the
                   Charter
                   to
                   be
                   discharged
                   of
                   prisage
                   ,
                   because
                   they
                   are
                   the
                   Wines
                   of
                   the
                   Citizens
                   of
                   London
                   ,
                   according
                   to
                   the
                   words
                   
                   and
                   intent
                   of
                   the
                   Charter
                   ;
                   howsoever
                   neither
                   of
                   them
                   have
                   a
                   sole
                   interest
                   and
                   property
                   in
                   them
                   .
                   And
                   if
                   a
                   Citizen
                   and
                   Freeman
                   of
                   London
                   hath
                   Wines
                   pledged
                   unto
                   him
                   by
                   another
                   Citizen
                   and
                   Freeman
                   .
                   Now
                   these
                   Wines
                   upon
                   their
                   coming
                   home
                   shall
                   not
                   be
                   discharged
                   of
                   the
                   payment
                   of
                   prisage
                   ,
                   insomuch
                   that
                   the
                   Citizen
                   hath
                   only
                   a
                   special
                   property
                   in
                   them
                   ,
                   and
                   not
                   any
                   absolute
                   property
                   .
                   So
                   if
                   a
                   Forreigner
                   that
                   hath
                   fraughted
                   Ships
                   beyond
                   the
                   Seas
                   for
                   the
                   bringing
                   of
                   Wines
                   into
                   England
                   ,
                   doth
                   make
                   a
                   Citizen
                   of
                   London
                   his
                   Executor
                   ,
                   and
                   die
                   ,
                   and
                   the
                   Ship
                   cometh
                   into
                   the
                   Port
                   ;
                   now
                   these
                   Wines
                   thus
                   in
                   the
                   custody
                   of
                   the
                   Citizen
                   shall
                   not
                   be
                   discharged
                   of
                   the
                   payment
                   of
                   prisage
                   ,
                   for
                   as
                   much
                   as
                   the
                   Citizen
                   hath
                   only
                   a
                   property
                   in
                   the
                   Wines
                   to
                   the
                   use
                   ,
                   and
                   behoof
                   of
                   the
                   Forreigner
                   ,
                   and
                   hath
                   not
                   any
                   absolute
                   property
                   in
                   the
                   Wines
                   .
                   And
                   if
                   one
                   Citizen
                   of
                   London
                   that
                   hath
                   Wines
                   abroad
                   coming
                   into
                   England
                   ,
                   do
                   make
                   a
                   Forreigner
                   his
                   Executor
                   ,
                   and
                   dieth
                   ,
                   and
                   this
                   forreign
                   Executor
                   doth
                   imploy
                   the
                   Stock
                   that
                   cometh
                   of
                   these
                   wines
                   so
                   returned
                   home
                   after
                   the
                   death
                   of
                   him
                   that
                   set
                   them
                   forth
                   ,
                   and
                   Wines
                   are
                   returned
                   home
                   ,
                   now
                   howsoever
                   
                   these
                   last
                   Wines
                   so
                   returned
                   into
                   England
                   are
                   Assets
                   in
                   the
                   hands
                   of
                   the
                   Executor
                   ,
                   and
                   in
                   Appellation
                   are
                   the
                   Goods
                   of
                   the
                   first
                   Citizen
                   ,
                   yet
                   they
                   are
                   such
                   Wines
                   as
                   are
                   capable
                   of
                   the
                   discharge
                   of
                   prisage
                   within
                   the
                   words
                   of
                   ,
                   the
                   Charter
                   ,
                   because
                   these
                   Wines
                   came
                   in
                   
                   as
                   it
                   were
                   upon
                   a
                   new
                   contract
                   .
                   And
                   if
                   a
                   Citizen
                   do
                   buy
                   Wines
                   with
                   an
                   intent
                   that
                   a
                   Forreigner
                   upon
                   their
                   coming
                   home
                   shall
                   have
                   these
                   Wines
                   ,
                   now
                   these
                   Wines
                   shall
                   not
                   be
                   discharged
                   of
                   prisage
                   ,
                   and
                   this
                   deceit
                   of
                   buying
                   them
                   by
                   a
                   Citizen
                   ,
                   shall
                   not
                   any
                   wayes
                   avail
                   him
                   ,
                   no
                   more
                   then
                   if
                   a
                   Citizen
                   buy
                   Cloth
                   ,
                   in
                   London
                   for
                   a
                   Forreigner
                   he
                   shall
                   defeat
                   the
                   custome
                   of
                   Forreign
                   bought
                   ,
                   and
                   Forreign
                   sold
                   ,
                   to
                   avoid
                   the
                   Forfeiture
                   of
                   them
                   .
                   So
                   the
                   Wines
                   which
                   a
                   Forreigner
                   buyeth
                   of
                   a
                   Citizen
                   ;
                   or
                   that
                   a
                   Citizen
                   buyeth
                   of
                   a
                   Forreigner
                   ,
                   shall
                   not
                   be
                   discharged
                   of
                   prisage
                   within
                   the
                   words
                   of
                   the
                   Charter
                   ,
                   because
                   they
                   were
                   not
                   the
                   Wines
                   of
                   a
                   Citizen
                   alwayes
                   ,
                   from
                   the
                   time
                   of
                   the
                   lading
                   of
                   them
                   ,
                   until
                   the
                   time
                   of
                   the
                   unlading
                   of
                   them
                   ,
                   as
                   they
                   ought
                   to
                   be
                   .
                
              
            
             
               
               
                 
                   The
                   case
                   concerning
                   repairing
                   of
                
                 Wharfes
                 and
                 Docks
                 .
              
               
                 
                   
                     Termino
                     Sancti
                  
                   Mich.
                   
                     Anno
                     Regni
                  
                   Jac.
                   Regis
                   7.
                   
                
                 
                   in
                   the
                
                 Kings
                 Bench.
                 
              
               
                 
                   COrnelius
                   Fish
                
                 Chamberlain
                 of
                 London
                 ,
                 distreined
                 the
                 Goods
                 of
                 one
                 
                   Walter
                   Keate
                
                 ,
                 for
                 a
                 pain
                 assessed
                 by
                 the
                 Common
                 Councel
                 of
                 London
                 ,
                 and
                 all
                 the
                 matter
                 appeared
                 upon
                 the
                 return
                 of
                 the
                 Sheriffs
                 of
                 London
                 ,
                 which
                 was
                 very
                 long
                 ;
                 but
                 to
                 this
                 effect
                 :
                 They
                 returned
                 the
                 Usage
                 ,
                 and
                 Power
                 ,
                 and
                 Custome
                 of
                 the
                 City
                 of
                 London
                 ,
                 to
                 make
                 By
                 laws
                 by
                 their
                 Common
                 Councel
                 ;
                 and
                 that
                 Puddle-Dock
                 neer
                 Pauls-Wharfe
                 was
                 an
                 ancient
                 place
                 for
                 lading
                 and
                 unlading
                 of
                 Ships
                 ,
                 Boats
                 ,
                 and
                 Lighters
                 ,
                 and
                 that
                 it
                 was
                 in
                 decay
                 ,
                 and
                 that
                 for
                 reparation
                 of
                 it
                 ,
                 it
                 was
                 ordained
                 ,
                 that
                 every
                 Ship
                 that
                 should
                 be
                 loaden
                 
                 and
                 unloaden
                 there
                 ,
                 should
                 pay
                 a
                 peny
                 for
                 every
                 load
                 ;
                 and
                 that
                 every
                 Carman
                 for
                 every
                 load
                 which
                 he
                 should
                 carry
                 from
                 thence
                 ,
                 shoul
                 pay
                 a
                 penny
                 ;
                 and
                 that
                 the
                 said
                 
                   Walter
                   Keate
                
                 had
                 carried
                 divers
                 load
                 ,
                 w●ich
                 according
                 to
                 the
                 rate
                 of
                 one
                 penny
                 for
                 every
                 load
                 ,
                 did
                 amount
                 to
                 the
                 value
                 of
                 ten
                 shilling
                 ;
                 and
                 that
                 the
                 City
                 did
                 grant
                 this
                 Assessment
                 to
                 the
                 Chamberlain
                 ,
                 in
                 recompence
                 of
                 the
                 charges
                 which
                 ●e
                 should
                 expend
                 about
                 the
                 said
                 reparations
                 and
                 upon
                 this
                 Certificate
                 a
                 Procedendo
                 was
                 wayed
                 ,
                 and
                 it
                 was
                 alledged
                 ,
                 that
                 ●his
                 By
                 law
                 being
                 for
                 the
                 benefit
                 of
                 the
                 City
                 ,
                 was
                 good
                 by
                 Law
                 ,
                 and
                 ought
                 to
                 be
                 obeyed
                 ,
                 and
                 so
                 it
                 came
                 to
                 be
                 debated
                 .
                 
                   (
                   Yelverton
                   Henry
                
                 )
                 prayed
                 ,
                 that
                 no
                 Procedendo
                 might
                 be
                 granted
                 ,
                 because
                 the
                 return
                 and
                 the
                 matter
                 of
                 it
                 ,
                 is
                 against
                 the
                 Common
                 Law
                 ,
                 the
                 Weal
                 ●ublique
                 ,
                 and
                 against
                 the
                 Liberty
                 of
                 the
                 City
                 it self
                 .
                 By
                 the
                 Councel
                 
                   Sexto
                   Iacobi
                
                 
                 it
                 was
                 ordained
                 ,
                 That
                 as
                 well
                 Citizens
                 ,
                 as
                 Strangers
                 ,
                 should
                 pay
                 ,
                 and
                 the
                 King
                 could
                 not
                 grant●it
                 to
                 the
                 City
                 ;
                 son
                 it
                 is
                 an
                 imposition
                 not
                 allowed
                 by
                 the
                 Law
                 ,
                 first
                 against
                 Citizens
                 ;
                 because
                 although
                 the
                 Ta●
                 may
                 be
                 made
                 for
                 the
                 genera●
                 good
                 of
                 the
                 City
                 ,
                 yet
                 it
                 cannot
                 b●
                 imposed
                 or
                 taxed
                 upon
                 particula●
                 persons
                 ,
                 but
                 upon
                 every
                 House
                 o●
                 the
                 City
                 ,
                 &c.
                 but
                 here
                 it
                 is
                 particular
                 and
                 personal
                 to
                 this
                 part
                 of
                 the
                 City
                 .
                 Also
                 this
                 Dock
                 was
                 never
                 repaired
                 at
                 the
                 general
                 charge
                 of
                 the
                 City
                 ,
                 but
                 by
                 the
                 particular
                 War●
                 of
                 Baynards-Castle
                 .
                 Also
                 the
                 Citizens
                 of
                 London
                 shall
                 not
                 pay
                 To●
                 in
                 any
                 place
                 of
                 England
                 ;
                 and
                 her
                 the
                 Dock
                 stands
                 upon
                 the
                 passage
                 o●
                 the
                 City
                 ,
                 and
                 every
                 Wharfe
                 is
                 as
                 ●
                 Gate
                 of
                 the
                 City
                 ,
                 and
                 therefore
                 they
                 may
                 as
                 well
                 impose
                 a
                 tax
                 upon
                 every
                 one
                 which
                 goeth
                 out
                 of
                 any
                 of
                 the
                 Gates
                 of
                 the
                 City
                 (
                 which
                 is
                 unreasonable
                 ,
                 and
                 against
                 Law
                 as
                 out
                 of
                 this
                 Wharfe
                 .
                 And
                 also
                 
                 here
                 is
                 no
                 certain
                 profit
                 to
                 the
                 City
                 ,
                 but
                 this
                 taxation
                 is
                 farmed
                 for
                 one
                 and
                 twenty
                 years
                 ,
                 for
                 ten
                 shillings
                 a
                 year
                 to
                 the
                 City
                 ,
                 which
                 if
                 it
                 were
                 a
                 general
                 charge
                 ,
                 there
                 ought
                 to
                 come
                 some
                 general
                 benefit
                 by
                 it
                 to
                 the
                 City
                 .
                 It
                 is
                 not
                 like
                 to
                 the
                 case
                 of
                 Cloth
                 ,
                 
                   Co.
                   part
                
                 .
                 5.
                 fol.
                 62.
                 because
                 that
                 was
                 for
                 the
                 general
                 good
                 of
                 the
                 Realm
                 ,
                 and
                 in
                 the
                 furtherance
                 of
                 the
                 Execution
                 of
                 divers
                 Statutes
                 ;
                 but
                 this
                 is
                 neither
                 in
                 furtherance
                 of
                 either
                 Statute
                 ,
                 or
                 common
                 Law
                 ,
                 but
                 rather
                 to
                 the
                 prejudice
                 of
                 both
                 ,
                 because
                 every
                 Citizen
                 ,
                 in
                 respect
                 of
                 his
                 Freedome
                 ,
                 is
                 equal
                 to
                 the
                 Lord
                 Mayor
                 .
                 And
                 29.
                 
                 Eliz.
                 in
                 the
                 Common
                 Pleas
                 ,
                 it
                 was
                 ordained
                 by
                 the
                 
                   Common
                   Councel
                
                 ,
                 That
                 none
                 should
                 use
                 any
                 Sand
                 in
                 the
                 City
                 ,
                 except
                 it
                 were
                 taken
                 out
                 of
                 the
                 Thames
                 ,
                 and
                 it
                 was
                 adjudged
                 to
                 be
                 against
                 Law
                 ,
                 and
                 the
                 Officer
                 of
                 the
                 Mayor
                 was
                 committed
                 to
                 Prison
                 .
                 And
                 this
                 Dock
                 did
                 heretofore
                 belong
                 to
                 the
                 Arch-bishop
                 of
                 Canterbury
                 ,
                 
                 and
                 hath
                 ever
                 been
                 free
                 ,
                 also
                 here
                 the
                 Assessment
                 is
                 unreasonable
                 ,
                 viz.
                 to
                 pay
                 for
                 every
                 load
                 a
                 penny
                 ,
                 especially
                 for
                 Inhabitans
                 about
                 ,
                 and
                 neer
                 the
                 Dock
                 ;
                 and
                 so
                 he
                 prayed
                 that
                 there
                 might
                 be
                 no
                 
                   Procedendo
                   .
                   (
                   Crook
                   George
                
                 )
                 was
                 of
                 the
                 same
                 side
                 ;
                 And
                 he
                 said
                 ,
                 that
                 by
                 the
                 Act
                 of
                 
                   Common
                   Councel
                
                 it
                 is
                 enacted
                 ,
                 that
                 none
                 shall
                 carry
                 ,
                 &c.
                 so
                 that
                 by
                 that
                 Ordinance
                 none
                 shall
                 carry
                 a
                 Paile
                 of
                 Water
                 ,
                 but
                 he
                 shall
                 pay
                 a
                 penny
                 for
                 it
                 .
                 Also
                 the
                 Assessment
                 is
                 to
                 be
                 levied
                 ,
                 and
                 to
                 continue
                 for
                 twenty
                 one
                 years
                 together
                 ,
                 which
                 is
                 unreasonable
                 ;
                 and
                 it
                 hath
                 been
                 adjudged
                 here
                 ,
                 that
                 an
                 Assessment
                 levied
                 for
                 twenty
                 one
                 years
                 ,
                 for
                 reparations
                 of
                 a
                 Church
                 ,
                 was
                 not
                 lawful
                 .
                 
                   (
                   Mosley
                
                 of
                 Grays-Inne
                 )
                 prayed
                 for
                 a
                 Procedendo
                 ,
                 and
                 said
                 ,
                 that
                 it
                 did
                 not
                 appear
                 by
                 the
                 return
                 ,
                 that
                 K●ate
                 was
                 a
                 Citizen
                 ,
                 and
                 the
                 Judges
                 are
                 not
                 to
                 meddle
                 with
                 any
                 thing
                 which
                 is
                 not
                 within
                 the
                 return
                 ,
                 and
                 he
                 said
                 it
                 was
                 a
                 good
                 By-law
                 ,
                 
                 founded
                 both
                 upon
                 custome
                 and
                 prescription
                 ;
                 and
                 he
                 put
                 Taverner
                 and
                 Cromwells
                 Case
                 ,
                 Pasch
                 .
                 16.
                 
                 Eliz.
                 322.
                 323.
                 
                 Dyer
                 ,
                 where
                 the
                 Lord
                 of
                 a
                 Mannor
                 made
                 a
                 By-law
                 ,
                 that
                 no
                 Tenant
                 should
                 put
                 his
                 Beast
                 into
                 the
                 Common
                 ,
                 before
                 the
                 ringing
                 of
                 a
                 Bell
                 ,
                 upon
                 pain
                 to
                 forfeit
                 twelve
                 pence
                 ,
                 and
                 adjudged
                 a
                 good
                 Ordinance
                 ,
                 and
                 he
                 cited
                 Smith
                 and
                 Shepherds
                 cafe
                 ,
                 49.
                 
                 Eliz.
                 where
                 there
                 was
                 a
                 prescription
                 for
                 through
                 Toll
                 ,
                 adjudged
                 to
                 be
                 good
                 ,
                 because
                 it
                 was
                 for
                 maintenance
                 of
                 High-wayes
                 ,
                 so
                 here
                 it
                 is
                 for
                 the
                 Weal
                 Publique
                 ,
                 of
                 that
                 part
                 of
                 the
                 City
                 ,
                 and
                 for
                 all
                 the
                 City
                 ;
                 and
                 it
                 should
                 be
                 a
                 great
                 inconvenience
                 ,
                 that
                 this
                 Wharfe
                 should
                 not
                 pay
                 ,
                 add
                 that
                 all
                 other
                 Wharfes
                 should
                 pay
                 Toll
                 ,
                 and
                 that
                 was
                 one
                 wisemans
                 Case
                 ,
                 42.
                 
                 Eliz.
                 that
                 Wharfaye
                 by
                 prescription
                 is
                 good
                 ;
                 and
                 44.
                 
                 Elizab.
                 in
                 Hankshead
                 and
                 Wooas
                 Case
                 ,
                 where
                 Toll
                 was
                 paid
                 for
                 maintenance
                 
                 of
                 the
                 Walls
                 of
                 Salisbury
                 ;
                 for
                 every
                 pack
                 of
                 Wooll
                 which
                 passed
                 by
                 ,
                 one
                 penny
                 ,
                 and
                 holden
                 to
                 be
                 a
                 good
                 imposition
                 ;
                 and
                 the
                 case
                 of
                 Gravesend
                 ,
                 where
                 there
                 was
                 an
                 imposition
                 ,
                 that
                 every
                 one
                 which
                 landed
                 at
                 Gravesend
                 ,
                 should
                 pay
                 a
                 penny
                 toward
                 reparation
                 of
                 the
                 Bridge
                 ,
                 and
                 good
                 by
                 the
                 better
                 opinion
                 of
                 11.
                 
                 H.
                 6.
                 
                 Of
                 Fair
                 and
                 Market
                 
                   (
                   Walter
                
                 )
                 was
                 of
                 the
                 same
                 side
                 ,
                 this
                 by
                 Law
                 is
                 good
                 :
                 First
                 ,
                 it
                 is
                 not
                 against
                 the
                 Rules
                 of
                 Law
                 ,
                 nor
                 the
                 Prerogative
                 of
                 the
                 King
                 ,
                 nor
                 the
                 benefit
                 of
                 the
                 Subfect
                 ;
                 for
                 by
                 the
                 Statute
                 of
                 4.
                 
                 H.
                 7.
                 cap.
                 15.
                 16.
                 that
                 the
                 City
                 of
                 London
                 is
                 conservator
                 of
                 the
                 River
                 of
                 Thames
                 ,
                 from
                 Stanes
                 to
                 Yealand
                 ,
                 in
                 the
                 County
                 of
                 Kent
                 :
                 Also
                 by
                 the
                 Statute
                 of
                 28.
                 
                 H.
                 8.
                 cap.
                 it
                 is
                 ordained
                 ,
                 that
                 the
                 River
                 shall
                 not
                 be
                 stopped
                 ,
                 Ergo
                 this
                 by
                 Law
                 is
                 for
                 the
                 better
                 execution
                 of
                 those
                 two
                 Acts
                 of
                 Parliament
                 Secondly
                 ,
                 it
                 is
                 a
                 benefit
                 to
                 the
                 Subject
                 ,
                 
                 because
                 before
                 ,
                 none
                 could
                 any
                 thing
                 there
                 without
                 danger
                 ;
                 but
                 now
                 by
                 this
                 means
                 the
                 rubbish
                 is
                 cleansed
                 ,
                 and
                 a
                 stranger
                 shall
                 have
                 a
                 quicker
                 and
                 safer
                 return
                 ,
                 and
                 the
                 penalty
                 upon
                 the
                 Cloth
                 ,
                 in
                 the
                 Case
                 before
                 cited
                 ,
                 
                   Co.
                   part
                
                 .
                 5.
                 is
                 a
                 stronger
                 Case
                 then
                 this
                 is
                 ,
                 because
                 Dock
                 hath
                 continue
                 all
                 need
                 to
                 be
                 cleansed
                 ;
                 and
                 if
                 such
                 a
                 Tax
                 should
                 be
                 for
                 reparations
                 of
                 the
                 Walls
                 of
                 a
                 City
                 ,
                 it
                 would
                 be
                 good
                 :
                 As
                 to
                 the
                 objection
                 ,
                 he
                 answered
                 ,
                 that
                 as
                 the
                 said
                 Case
                 of
                 Hallage
                 cited
                 before
                 ,
                 
                   Co.
                   part
                
                 .
                 5.
                 so
                 this
                 is
                 a
                 general
                 in
                 particular
                 ,
                 and
                 the
                 Tax
                 upon
                 the
                 Cloth
                 was
                 to
                 be
                 paid
                 to
                 a
                 particular
                 person
                 ,
                 viz.
                 the
                 Chamberlain
                 ,
                 as
                 here
                 it
                 is
                 ,
                 who
                 is
                 a
                 General
                 Officer
                 for
                 the
                 City
                 .
                 The
                 Case
                 of
                 digging
                 of
                 Sand
                 was
                 not
                 good
                 ,
                 because
                 thereby
                 a
                 man
                 was
                 prohibited
                 to
                 use
                 his
                 his
                 own
                 inheritance
                 :
                 Commoners
                 may
                 make
                 a
                 by
                 Law
                 ,
                 that
                 none
                 shall
                 put
                 in
                 
                 his
                 Beasts
                 before
                 such
                 a
                 day
                 ;
                 but
                 if
                 the
                 by
                 Law
                 be
                 ,
                 that
                 one
                 particular
                 man
                 shall
                 not
                 put
                 in
                 his
                 Beasts
                 before
                 such
                 a
                 day
                 ,
                 that
                 would
                 not
                 be
                 good
                 ;
                 but
                 our
                 Case
                 is
                 more
                 general
                 ,
                 and
                 so
                 prayed
                 for
                 a
                 
                   Procedendo
                   .
                   (
                   Mountague
                
                 Recorder
                 .
                 )
                 If
                 this
                 be
                 overthrown
                 ,
                 all
                 the
                 Orders
                 and
                 Ordinance
                 of
                 the
                 City
                 should
                 be
                 made
                 void
                 ,
                 and
                 stand
                 for
                 nothing
                 ;
                 and
                 he
                 said
                 that
                 the
                 very
                 objection
                 ,
                 that
                 a
                 Tax
                 could
                 not
                 be
                 imposed
                 upon
                 Strangers
                 ,
                 was
                 made
                 in
                 the
                 Case
                 of
                 Hallage
                 before
                 
                   (
                   Yelverton
                   Henry
                   .
                
                 )
                 The
                 Case
                 that
                 Walter
                 hath
                 put
                 for
                 the
                 cleansing
                 of
                 rubbish
                 ,
                 &c.
                 may
                 be
                 good
                 ,
                 but
                 there
                 is
                 no
                 such
                 thing
                 here
                 ,
                 but
                 Tax
                 only
                 for
                 landing
                 ,
                 
                   &
                   adjurnatur
                
                 .
              
            
             
               
               
                 
                   The
                   Custome
                   of
                
                 London
                 ,
                 
                   To
                   fine
                   one
                   chosen
                   by
                   the
                   Commons
                   to
                   be
                   Sheriff
                   ,
                   and
                   refusing
                   to
                   hold
                   .
                
              
               
                 
                   RIchard
                   Chamberlain
                
                 a
                 Citizen
                 ,
                 and
                 Freeman
                 of
                 London
                 being
                 chosen
                 by
                 the
                 Commons
                 according
                 to
                 the
                 custome
                 of
                 London
                 to
                 be
                 one
                 of
                 the
                 Sheriffs
                 of
                 the
                 City
                 of
                 London
                 ,
                 is
                 convented
                 before
                 the
                 Major
                 ,
                 and
                 Commonalty
                 to
                 take
                 the
                 Office
                 upon
                 him
                 ,
                 or
                 otherwise
                 to
                 take
                 his
                 Oath
                 that
                 he
                 is
                 not
                 worth
                 ten
                 thousand
                 pounds
                 ;
                 upon
                 his
                 appearance
                 he
                 refuseth
                 to
                 take
                 the
                 Oath
                 ,
                 and
                 likewise
                 to
                 execute
                 the
                 Office
                 :
                 whereupon
                 according
                 to
                 the
                 custome
                 of
                 London
                 he
                 is
                 fined
                 four
                 hundred
                 Marks
                 ,
                 and
                 committed
                 to
                 prison
                 until
                 such
                 time
                 as
                 he
                 enter
                 into
                 Bond
                 unto
                 the
                 Major
                 and
                 Commonalty
                 for
                 the
                 payment
                 of
                 it
                 .
              
               
                 He
                 becometh
                 bound
                 accordingly
                 unto
                 the
                 Major
                 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
                 Custome
                 for
                 the
                 payment
                 of
                 a
                 thousand
                 pound
                 ,
                 according
                 unto
                 the
                 time
                 limited
                 by
                 the
                 Will
                 ,
                 and
                 according
                 to
                 the
                 Will
                 aforesaid
                 .
                 The
                 Executor
                 denieth
                 to
                 find
                 Sureties
                 ;
                 whereupon
                 he
                 was
                 committed
                 to
                 prison
                 ,
                 and
                 a
                 
                   Habeas
                   Corpus
                
                 being
                 awarded
                 out
                 of
                 the
                 Court
                 of
                 
                   Kings
                   Bench
                
                 ,
                 to
                 have
                 the
                 Body
                 of
                 the
                 Executor
                 ,
                 together
                 with
                 the
                 cause
                 ;
                 all
                 this
                 matter
                 appeareth
                 upon
                 the
                 return
                 .
                 And
                 now
                 it
                 was
                 moved
                 by
                 
                   Richard
                   Martin
                
                 late
                 Recorder
                 of
                 London
                 ,
                 then
                 an
                 Apprentice
                 of
                 the
                 Law
                 ,
                 that
                 the
                 return
                 was
                 insufficient
                 ,
                 and
                 so
                 the
                 Executor
                 ought
                 to
                 be
                 enlarged
                 .
              
               
                 First
                 ,
                 in
                 regard
                 that
                 the
                 ground
                 of
                 the
                 imprisonment
                 was
                 the
                 Custome
                 of
                 London
                 ,
                 
                 and
                 the
                 custome
                 is
                 against
                 the
                 Law
                 ,
                 and
                 void
                 ,
                 insomuch
                 that
                 it
                 enforceth
                 an
                 Executor
                 to
                 find
                 Sureties
                 for
                 the
                 payment
                 of
                 a
                 Legacy
                 ,
                 according
                 unto
                 the
                 
                 Will
                 ,
                 where
                 the
                 law
                 requireth
                 ,
                 that
                 debts
                 be
                 paid
                 ,
                 before
                 such
                 time
                 as
                 Legacies
                 be
                 performed
                 ;
                 and
                 the
                 Law
                 giveth
                 an
                 election
                 unto
                 the
                 Executor
                 ,
                 to
                 pay
                 which
                 of
                 the
                 Legacies
                 he
                 will
                 ,
                 in
                 case
                 there
                 be
                 not
                 sufficient
                 to
                 pay
                 all
                 the
                 debts
                 and
                 legacies
                 of
                 the
                 Testator
                 ;
                 but
                 this
                 exception
                 was
                 disallowed
                 by
                 the
                 said
                 Court
                 ,
                 insomuch
                 that
                 the
                 custome
                 of
                 London
                 appeareth
                 by
                 the
                 return
                 to
                 be
                 ,
                 that
                 he
                 shall
                 find
                 Sureties
                 for
                 the
                 performance
                 of
                 the
                 Legacies
                 according
                 unto
                 the
                 Law
                 of
                 the
                 Realm
                 ,
                 and
                 the
                 Will
                 of
                 the
                 Testator
                 :
                 So
                 as
                 if
                 the
                 Executor
                 had
                 not
                 sufficient
                 to
                 pay
                 debts
                 ,
                 and
                 legacies
                 ,
                 he
                 hath
                 the
                 same
                 power
                 and
                 liberty
                 after
                 such
                 time
                 as
                 he
                 hath
                 found
                 Sureties
                 ,
                 as
                 he
                 had
                 before
                 .
              
               
                 Secondly
                 ,
                 except
                 on
                 was
                 taken
                 ,
                 because
                 it
                 appeared
                 by
                 the
                 return
                 ,
                 that
                 the
                 Devisor
                 was
                 a
                 woman
                 ,
                 and
                 also
                 only
                 the
                 Wife
                 of
                 a
                 Freeman
                 ,
                 and
                 not
                 a
                 Free-woman
                 ,
                 and
                 she
                 is
                 not
                 within
                 the
                 custom
                 of
                 London
                 ,
                 which
                 only
                 speaketh
                 of
                 a
                 Freeman
                 .
                 But
                 this
                 exception
                 was
                 over-ruled
                 ;
                 for
                 a
                 woman
                 being
                 a
                 Free-woman
                 within
                 the
                 Statute
                 of
                 
                   Magna
                   Charta
                   cap.
                
                 29.
                 which
                 enacteth
                 ,
                 that
                 no
                 Freeman
                 shall
                 be
                 taken
                 or
                 imprisoned
                 ,
                 &c.
                 but
                 by
                 the
                 lawful
                 judgement
                 of
                 his
                 Peers
                 :
                 So
                 that
                 
                 she
                 being
                 a
                 Barroness
                 or
                 Countess
                 shall
                 be
                 tried
                 by
                 her
                 Peers
                 upon
                 an
                 Indictment
                 preferred
                 against
                 her
                 ,
                 she
                 shall
                 also
                 be
                 reputed
                 a
                 Freeman
                 within
                 this
                 custome
                 .
              
               
                 Secondly
                 ,
                 the
                 Wife
                 of
                 a
                 Freeman
                 having
                 the
                 liberty
                 and
                 priviledge
                 to
                 Trade
                 in
                 the
                 City
                 ,
                 and
                 so
                 able
                 to
                 take
                 benefit
                 by
                 it
                 ,
                 she
                 shall
                 also
                 be
                 bound
                 by
                 the
                 customes
                 of
                 it
                 .
              
               
                 Thirdly
                 ,
                 howsoever
                 she
                 was
                 dwelling
                 out
                 of
                 London
                 at
                 the
                 time
                 of
                 the
                 Will
                 made
                 ,
                 she
                 is
                 a
                 Freeman
                 within
                 the
                 compass
                 of
                 the
                 custome
                 .
              
               
                 Fourthly
                 ,
                 it
                 was
                 objected
                 ,
                 that
                 this
                 custome
                 of
                 London
                 concerning
                 Orphans
                 ,
                 was
                 an
                 antiquated
                 custome
                 ,
                 and
                 had
                 not
                 been
                 put
                 in
                 use
                 by
                 many
                 years
                 ,
                 and
                 therefore
                 ought
                 not
                 now
                 to
                 be
                 put
                 in
                 ure
                 to
                 take
                 away
                 the
                 liberty
                 of
                 a
                 man
                 ,
                 and
                 especially
                 also
                 ,
                 because
                 the
                 life
                 of
                 a
                 custome
                 is
                 the
                 usage
                 ;
                 but
                 this
                 exception
                 was
                 over-ruled
                 ,
                 for
                 this
                 custome
                 is
                 dayly
                 put
                 in
                 Ure
                 .
              
            
             
               
               
                 
                   The
                   custome
                   in
                   not
                   removing
                   body
                   and
                   cause
                   upon
                
                 Habeas
                 Corpus
                 .
              
               
                 A
                 Petition
                 being
                 affirmed
                 in
                 London
                 ,
                 by
                 one
                 Hill
                 ,
                 a
                 Citizen
                 and
                 Freeman
                 
                 of
                 London
                 ,
                 against
                 another
                 Citizen
                 and
                 Freeman
                 of
                 London
                 ,
                 upon
                 a
                 Bond
                 of
                 a
                 hundred
                 pound
                 ,
                 a
                 Summons
                 is
                 awarded
                 against
                 the
                 said
                 obliged
                 ,
                 and
                 the
                 pretext
                 being
                 returned
                 ,
                 that
                 he
                 hath
                 nothing
                 whereby
                 he
                 may
                 be
                 summoned
                 within
                 the
                 City
                 ,
                 upon
                 a
                 Surmize
                 made
                 by
                 Hill
                 the
                 Obligee
                 ,
                 that
                 one
                 Harrington
                 ,
                 a
                 Citizen
                 and
                 Freeman
                 of
                 London
                 ,
                 is
                 indebted
                 in
                 a
                 hundred
                 pound
                 unto
                 the
                 first
                 Obligor
                 ,
                 a
                 Summons
                 is
                 awarded
                 ,
                 according
                 to
                 the
                 custome
                 of
                 London
                 of
                 Forreign
                 Attachments
                 ,
                 for
                 the
                 warning
                 of
                 Harrington
                 ,
                 who
                 is
                 warned
                 accordingly
                 ;
                 whereupon
                 Harrington
                 procureth
                 a
                 
                   Habeas
                   Corpus
                
                 for
                 the
                 removing
                 of
                 his
                 body
                 ,
                 together
                 with
                 the
                 cause
                 into
                 the
                 Kings
                 Bench
                 ,
                 upon
                 which
                 Writ
                 ,
                 a
                 return
                 is
                 made
                 in
                 this
                 manner
                 ;
                 that
                 is
                 to
                 say
                 .
                 That
                 London
                 is
                 an
                 ancient
                 City
                 ,
                 and
                 ,
                 that
                 time
                 out
                 of
                 mind
                 of
                 man
                 ,
                 the
                 Mayor
                 ,
                 Aldermen
                 ,
                 and
                 Citizens
                 of
                 London
                 have
                 had
                 Conusans
                 of
                 all
                 manner
                 of
                 
                 Pleas
                 ,
                 both
                 real
                 and
                 personal
                 ,
                 to
                 be
                 holden
                 before
                 the
                 Mayor
                 ,
                 Altermen
                 ,
                 and
                 Sheriffs
                 of
                 London
                 in
                 London
                 ,
                 and
                 that
                 in
                 no
                 action
                 whatsoever
                 they
                 ought
                 to
                 remove
                 the
                 cause
                 out
                 of
                 London
                 into
                 any
                 other
                 Court
                 ,
                 and
                 do
                 moreover
                 shew
                 a
                 confirmation
                 made
                 by
                 R.
                 2.
                 in
                 the
                 seventh
                 year
                 of
                 his
                 Reign
                 of
                 all
                 their
                 customes
                 ;
                 and
                 so
                 for
                 this
                 cause
                 they
                 had
                 not
                 the
                 body
                 here
                 ,
                 nor
                 the
                 cause
                 .
                 And
                 exception
                 being
                 taken
                 to
                 the
                 insufficiency
                 of
                 this
                 return
                 ,
                 it
                 was
                 agreed
                 and
                 resolved
                 by
                 the
                 whole
                 Court
                 of
                 Kings
                 Bench
                 ,
                 that
                 this
                 return
                 made
                 ,
                 was
                 ill
                 ;
                 for
                 common
                 experience
                 teacheth
                 ,
                 that
                 the
                 usual
                 course
                 is
                 ,
                 and
                 alwayes
                 hath
                 been
                 ,
                 that
                 upon
                 
                   Habeas
                   Corpus
                
                 ,
                 the
                 body
                 ,
                 together
                 with
                 the
                 cause
                 ,
                 have
                 been
                 removed
                 out
                 of
                 London
                 ,
                 into
                 the
                 Kings
                 Bench
                 ;
                 and
                 likewise
                 upon
                 Certioraries
                 awarded
                 out
                 of
                 the
                 Kings
                 Bench.
                 Records
                 have
                 been
                 certified
                 out
                 of
                 London
                 into
                 that
                 Court
                 :
                 for
                 Justice
                 being
                 to
                 be
                 done
                 unto
                 the
                 Citizens
                 of
                 London
                 ,
                 as
                 well
                 in
                 that
                 Court
                 ,
                 as
                 in
                 the
                 〈…〉
                 proper
                 Court
                 ,
                 the
                 Court
                 of
                 London
                 being
                 an
                 inferiour
                 Court
                 unto
                 the
                 Court
                 of
                 Kings
                 Bench
                 ,
                 where
                 the
                 King
                 is
                 supposed
                 to
                 sit
                 in
                 person
                 ,
                 ought
                 to
                 yeild
                 
                 bedience
                 unto
                 the
                 Writs
                 awarded
                 out
                 of
                 that
                 Court
                 ,
                 as
                 the
                 Supetiour
                 Court
                 ;
                 but
                 if
                 the
                 cause
                 should
                 be
                 such
                 ,
                 that
                 there
                 should
                 be
                 a
                 failer
                 of
                 Justice
                 in
                 the
                 Kings
                 Bench
                 upon
                 the
                 removing
                 of
                 the
                 cause
                 ,
                 because
                 it
                 is
                 only
                 an
                 action
                 grounded
                 meerly
                 upon
                 the
                 custome
                 of
                 London
                 ,
                 then
                 a
                 return
                 made
                 of
                 the
                 special
                 matter
                 will
                 be
                 warrantable
                 ;
                 or
                 otherwise
                 if
                 the
                 return
                 be
                 made
                 ,
                 that
                 the
                 custome
                 of
                 London
                 is
                 ,
                 that
                 no
                 cause
                 ,
                 which
                 is
                 a
                 meer
                 customary
                 cause
                 ,
                 wherein
                 no
                 remedy
                 can
                 be
                 had
                 but
                 only
                 in
                 London
                 ,
                 according
                 unto
                 the
                 custome
                 of
                 London
                 ,
                 may
                 well
                 be
                 allowed
                 ,
                 so
                 as
                 the
                 cause
                 specially
                 be
                 returned
                 into
                 the
                 Court
                 ,
                 whereby
                 it
                 may
                 appear
                 unto
                 the
                 Court
                 ,
                 that
                 it
                 is
                 such
                 a
                 cause
                 ,
                 which
                 will
                 not
                 bear
                 action
                 at
                 the
                 Common
                 Law
                 ;
                 for
                 it
                 is
                 usual
                 in
                 the
                 Kings
                 Bench
                 ,
                 that
                 if
                 the
                 cause
                 returned
                 unto
                 the
                 Court
                 upon
                 the
                 
                   Habeas
                   Corpus
                
                 ,
                 appear
                 to
                 be
                 such
                 a
                 cause
                 as
                 will
                 bear
                 an
                 action
                 only
                 by
                 the
                 custome
                 ,
                 and
                 not
                 at
                 the
                 Common
                 Law
                 ,
                 the
                 Court
                 will
                 grant
                 a
                 Procedendo
                 ,
                 and
                 send
                 it
                 back
                 again
                 to
                 London
                 ,
                 as
                 if
                 the
                 cause
                 returned
                 ,
                 appear
                 to
                 be
                 an
                 action
                 of
                 Debt
                 brought
                 upon
                 
                   concesit
                   se
                   solvere
                
                 ,
                 or
                 to
                 be
                 an
                 aaction
                 
                 of
                 Covenant
                 brought
                 upon
                 a
                 Covenant
                 by
                 word
                 ,
                 without
                 any
                 specialty
                 ,
                 for
                 these
                 be
                 meer
                 Customary
                 actions
                 ,
                 which
                 cannot
                 be
                 maintained
                 ,
                 but
                 
                 by
                 the
                 custome
                 of
                 London
                 ;
                 and
                 therefore
                 that
                 shall
                 be
                 remanded
                 ;
                 for
                 if
                 the
                 Kings
                 Bench
                 should
                 retain
                 these
                 causes
                 after
                 such
                 time
                 as
                 they
                 are
                 removed
                 ,
                 and
                 should
                 not
                 remand
                 them
                 ,
                 there
                 would
                 be
                 failing
                 of
                 Justice
                 ,
                 and
                 the
                 Judges
                 of
                 the
                 Kings
                 Bench
                 in
                 the
                 person
                 of
                 the
                 King
                 ,
                 do
                 say
                 ,
                 
                   Nulli
                   negabimus
                   ,
                   nulli
                   vendemus
                   ,
                   nulli
                   differemus
                   justitiam
                   :
                
                 and
                 the
                 reteining
                 of
                 these
                 causes
                 would
                 be
                 a
                 denying
                 of
                 Justice
                 ;
                 wherefore
                 they
                 do
                 grant
                 a
                 Procedendo
                 ,
                 and
                 remand
                 it
                 .
              
            
             
               
               
                 
                   The
                   case
                   concerning
                   payment
                   of
                   Tythes
                   in
                
                 London
                 .
              
               
                 
                   RIchard
                   Burrel
                
                 being
                 seized
                 in
                 his
                 
                 Demesne
                 ,
                 as
                 of
                 Fee
                 ,
                 of
                 a
                 House
                 ,
                 called
                 
                   Green
                   Acre
                
                 ,
                 a
                 Shop
                 ,
                 and
                 Ware-house
                 in
                 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
                 Tythes
                 are
                 not
                 to
                 be
                 paid
                 of
                 any
                 thing
                 ,
                 but
                 such
                 things
                 as
                 do
                 increase
                 ,
                 and
                 renew
                 ;
                 as
                 it
                 appeareth
                 by
                 the
                 Levitical
                 Law
                 ,
                 and
                 the
                 Common
                 Law
                 of
                 the
                 Land.
                 Secondly
                 ,
                 houses
                 are
                 matters
                 of
                 inheritance
                 ,
                 whereof
                 a
                 praecipe
                 lieth
                 at
                 the
                 Common
                 Law.
                 And
                 the
                 rent
                 reserved
                 upon
                 a
                 Lease
                 made
                 of
                 them
                 ,
                 is
                 likewise
                 knit
                 unto
                 the
                 inheritance
                 ,
                 and
                 parcel
                 of
                 it
                 ;
                 so
                 that
                 it
                 shall
                 go
                 along
                 unto
                 him
                 that
                 hath
                 the
                 inheriritance
                 ;
                 and
                 therefore
                 shall
                 descend
                 un●he
                 Heir
                 :
                 and
                 it
                 is
                 a
                 rule
                 in
                 Law
                 that
                 
                 Tythes
                 are
                 not
                 to
                 be
                 paid
                 of
                 part
                 of
                 the
                 Inheritance
                 ,
                 but
                 they
                 ought
                 to
                 be
                 paid
                 of
                 such
                 things
                 as
                 renew
                 ;
                 upon
                 which
                 reason
                 it
                 is
                 that
                 Tythes
                 by
                 the
                 Common
                 Law
                 of
                 the
                 Land
                 are
                 not
                 to
                 be
                 paid
                 of
                 Slate
                 ,
                 Stone
                 ,
                 and
                 Cole
                 digged
                 out
                 of
                 the
                 Pit.
                 Thirdly
                 ,
                 houses
                 being
                 built
                 only
                 for
                 the
                 receiving
                 ,
                 habitation
                 ,
                 and
                 dweling
                 of
                 men
                 ,
                 and
                 for
                 conveniency
                 of
                 protection
                 against
                 the
                 scorching
                 Heats
                 in
                 Summer
                 ,
                 and
                 tempestuous
                 Storms
                 in
                 Winter
                 ,
                 without
                 any
                 profit
                 at
                 all
                 redounding
                 unto
                 the
                 owner
                 .
                 And
                 the
                 Parson
                 being
                 to
                 have
                 a
                 benefit
                 otherwise
                 ,
                 in
                 the
                 payment
                 of
                 personal
                 Tythes
                 arising
                 through
                 his
                 industry
                 in
                 the
                 house
                 ,
                 no
                 Tythes
                 can
                 be
                 demanded
                 for
                 the
                 houses
                 themselves
                 ,
                 or
                 for
                 the
                 rent
                 reserved
                 upon
                 them
                 .
                 Fourthly
                 ,
                 the
                 Decree
                 made
                 38.
                 
                 H.
                 8.
                 which
                 exempteth
                 the
                 houses
                 of
                 Noblemen
                 from
                 the
                 payment
                 of
                 any
                 rate-Tythes
                 ,
                 sheweth
                 the
                 Common
                 Law
                 to
                 be
                 ,
                 so
                 that
                 houses
                 of
                 themselves
                 are
                 to
                 be
                 discharged
                 of
                 the
                 payment
                 of
                 Tythes
                 ,
                 and
                 accordingly
                 it
                 
                 hath
                 been
                 adjudged
                 in
                 divers
                 cases
                 hapning
                 at
                 the
                 Common
                 Law
                 :
                 that
                 Tythes
                 by
                 the
                 course
                 of
                 the
                 Common
                 Laws
                 may
                 not
                 be
                 demanded
                 for
                 houses
                 ,
                 but
                 they
                 are
                 to
                 be
                 discharged
                 .
              
               
               
                 As
                 to
                 the
                 second
                 point
                 ,
                 which
                 is
                 ,
                 whether
                 
                 custom
                 can
                 establish
                 a
                 right
                 of
                 payment
                 of
                 any
                 thing
                 unto
                 the
                 Pason
                 for
                 houses
                 ?
                 It
                 is
                 clear
                 that
                 it
                 may
                 well
                 enough
                 :
                 for
                 it
                 may
                 well
                 be
                 ,
                 that
                 before
                 such
                 time
                 as
                 any
                 house
                 was
                 built
                 upon
                 the
                 ground
                 where
                 the
                 house
                 stood
                 ,
                 there
                 had
                 been
                 a
                 summe
                 of
                 money
                 paid
                 for
                 the
                 profits
                 of
                 the
                 ground
                 in
                 the
                 name
                 of
                 a
                 
                   modus
                   decimandi
                
                 ,
                 and
                 so
                 howsoever
                 the
                 house
                 is
                 built
                 upon
                 the
                 ground
                 ,
                 yet
                 the
                 modus
                 continues
                 ,
                 and
                 is
                 not
                 taken
                 away
                 by
                 it
                 ;
                 and
                 so
                 there
                 being
                 a
                 continuance
                 of
                 payment
                 of
                 the
                 modus
                 after
                 the
                 building
                 of
                 the
                 house
                 ,
                 time
                 hath
                 made
                 it
                 to
                 be
                 a
                 payment
                 for
                 the
                 house
                 .
                 But
                 this
                 payment
                 is
                 to
                 be
                 termed
                 a
                 
                   modus
                   decimandi
                
                 ,
                 and
                 cannot
                 be
                 well
                 called
                 a
                 Tithe
                 paid
                 for
                 houses
                 ,
                 because
                 as
                 it
                 is
                 formerly
                 said
                 ,
                 Tithes
                 may
                 not
                 be
                 paid
                 for
                 houses
                 ;
                 and
                 all
                 this
                 appeareth
                 by
                 
                 Doctor
                 Grants
                 case
                 in
                 the
                 eleventh
                 Report
                 .
              
               
                 As
                 to
                 the
                 third
                 point
                 ,
                 which
                 is
                 ,
                 what
                 
                 was
                 anciently
                 paid
                 by
                 the
                 Citizens
                 of
                 London
                 ,
                 unto
                 the
                 Ministers
                 of
                 London
                 and
                 how
                 the
                 payment
                 grew
                 ?
                 It
                 appeareth
                 by
                 the
                 Records
                 of
                 London
                 ,
                 that
                 Niger
                 Bishop
                 of
                 London
                 ,
                 13.
                 
                 H.
                 3.
                 made
                 a
                 
                 Constitution
                 in
                 confirmation
                 of
                 an
                 ancient
                 custome
                 formerly
                 used
                 time
                 out
                 of
                 mind
                 ,
                 that
                 provision
                 should
                 be
                 made
                 for
                 the
                 Ministers
                 of
                 London
                 in
                 this
                 manner
                 ,
                 that
                 is
                 to
                 say
                 ,
                 that
                 he
                 which
                 payeth
                 
                 the
                 rent
                 of
                 twenty
                 shillings
                 for
                 his
                 house
                 wherein
                 he
                 dwelt
                 ,
                 should
                 offer
                 every
                 Sunday
                 ,
                 and
                 every
                 Apostles
                 day
                 ,
                 whereof
                 the
                 Evening
                 was
                 fasted
                 one
                 half-penny
                 :
                 and
                 he
                 that
                 paid
                 but
                 ten
                 shillings
                 rent
                 yearly
                 ,
                 should
                 offer
                 but
                 one
                 farthing
                 ;
                 and
                 all
                 this
                 amounted
                 unto
                 but
                 according
                 to
                 the
                 proportion
                 of
                 2.
                 sh
                 .
                 6.
                 d.
                 per
                 pound
                 :
                 for
                 there
                 were
                 fifty
                 two
                 Sundayes
                 ,
                 and
                 but
                 eight
                 Apostles
                 dayes
                 ,
                 the
                 Vigils
                 of
                 which
                 were
                 fasied
                 .
                 And
                 if
                 it
                 chanced
                 that
                 one
                 of
                 the
                 Apostles
                 dayes
                 fell
                 upon
                 a
                 Sunday
                 ,
                 then
                 there
                 was
                 but
                 one
                 half-penny
                 ,
                 or
                 farthing
                 paid
                 ;
                 so
                 that
                 sometime
                 it
                 fell
                 out
                 to
                 be
                 less
                 by
                 some
                 little
                 then
                 2.
                 sh
                 .
                 6.
                 d.
                 per
                 pound
                 :
                 and
                 it
                 appeareth
                 by
                 our
                 Book-cases
                 in
                 Edward
                 the
                 third
                 his
                 
                 Reign
                 ,
                 that
                 the
                 provision
                 made
                 for
                 the
                 
                 Ministers
                 of
                 London
                 was
                 by
                 offerings
                 and
                 obventions
                 ,
                 howsoever
                 the
                 particulars
                 are
                 not
                 designed
                 there
                 ,
                 but
                 must
                 be
                 understood
                 according
                 to
                 the
                 former
                 Ordinance
                 made
                 by
                 Niger
                 ,
                 and
                 the
                 payment
                 
                 of
                 2.
                 sh
                 .
                 6.
                 d.
                 in
                 the
                 pound
                 ,
                 continuing
                 until
                 13.
                 
                 K.
                 Ric.
                 2.
                 
                 
                   Thomas
                   Arundel
                
                 .
                 
                 Arch-Bishop
                 of
                 Canterbury
                 made
                 an
                 explanation
                 of
                 the
                 constitution
                 made
                 by
                 Niger
                 ,
                 and
                 thrust
                 upon
                 the
                 Citizens
                 of
                 London
                 two
                 and
                 twenty
                 other
                 Saints
                 days
                 then
                 were
                 meant
                 by
                 the
                 constitution
                 made
                 by
                 Niger
                 ,
                 whereby
                 the
                 Offerings
                 now
                 amounted
                 unto
                 the
                 summe
                 of
                 3.
                 sh
                 .
                 5.
                 d.
                 per
                 pound
                 ;
                 against
                 which
                 explanation
                 there
                 being
                 some
                 reluctation
                 by
                 the
                 Citizens
                 of
                 London
                 ,
                 Pope
                 Innocent
                 in
                 5.
                 
                 H.
                 4.
                 granted
                 his
                 
                 Bull
                 ,
                 whereby
                 the
                 former
                 explanation
                 was
                 confirmed
                 ;
                 which
                 confirmation
                 ,
                 notwithstanding
                 the
                 difference
                 between
                 the
                 Ministers
                 and
                 Citizens
                 of
                 London
                 about
                 those
                 two
                 and
                 twenty
                 Saints
                 dayes
                 which
                 were
                 added
                 unto
                 their
                 number
                 ,
                 Pope
                 Nicholas
                 by
                 his
                 Bull
                 in
                 31.
                 
                 H.
                 6.
                 
                 made
                 a
                 second
                 confirmation
                 of
                 the
                 explanation
                 made
                 by
                 the
                 said
                 Arch-Bishop
                 :
                 Against
                 which
                 the
                 Citizens
                 of
                 London
                 did
                 contend
                 with
                 so
                 high
                 a
                 hand
                 that
                 they
                 caused
                 a
                 Record
                 to
                 be
                 made
                 ,
                 whereby
                 it
                 might
                 appear
                 in
                 future
                 Ages
                 ,
                 that
                 the
                 Order
                 of
                 explanation
                 made
                 by
                 the
                 Arch-Bishop
                 of
                 Canterbury
                 was
                 done
                 without
                 calling
                 the
                 Citizens
                 of
                 London
                 
                 unto
                 it
                 ,
                 or
                 any
                 consent
                 given
                 by
                 them
                 .
                 And
                 it
                 was
                 branded
                 by
                 the
                 name
                 of
                 an
                 Order
                 surrepritiously
                 ,
                 and
                 abruptiously
                 gotten
                 and
                 therefore
                 more
                 fit
                 to
                 have
                 the
                 name
                 of
                 a
                 destructory
                 then
                 a
                 declaratory
                 Order
                 :
                 the
                 which
                 contending
                 notwithstanding
                 ,
                 as
                 it
                 seemeth
                 the
                 pain
                 was
                 most
                 usually
                 made
                 according
                 unto
                 the
                 rate
                 of
                 3.
                 sh
                 .
                 5.
                 d.
                 in
                 the
                 pound
                 ;
                 
                 for
                 Linwood
                 ,
                 who
                 writ
                 in
                 the
                 time
                 of
                 K.
                 H.
                 6.
                 in
                 his
                 Provincial
                 Constitutions
                 debating
                 the
                 question
                 ,
                 whether
                 the
                 Merchants
                 and
                 Artificers
                 of
                 the
                 City
                 of
                 London
                 ought
                 to
                 pay
                 any
                 Tythes
                 ?
                 sheweth
                 ,
                 that
                 the
                 Citizens
                 of
                 London
                 by
                 an
                 ancient
                 Ordinance
                 observed
                 in
                 the
                 said
                 City
                 are
                 bound
                 every
                 Lords
                 day
                 ,
                 and
                 every
                 principal
                 Feast-day
                 ,
                 either
                 of
                 the
                 Apostles
                 ,
                 or
                 others
                 whose
                 Vigils
                 are
                 fasted
                 to
                 pay
                 one
                 farthing
                 for
                 every
                 ten
                 shillings
                 rent
                 ,
                 that
                 they
                 paid
                 for
                 their
                 houses
                 wherein
                 they
                 dwelt
                 ;
                 and
                 in
                 36.
                 
                 H.
                 6.
                 there
                 was
                 a
                 composition
                 made
                 between
                 the
                 Citizens
                 of
                 London
                 and
                 the
                 Ministers
                 of
                 London
                 ,
                 that
                 a
                 payment
                 should
                 be
                 made
                 by
                 the
                 Citizens
                 according
                 unto
                 the
                 rate
                 of
                 3.
                 sh
                 .
                 5.
                 d.
                 in
                 the
                 pound
                 ,
                 and
                 if
                 any
                 house
                 were
                 kept
                 in
                 the
                 proper
                 hand
                 of
                 the
                 owner
                 ,
                 or
                 were
                 demised
                 
                 withoutreservation
                 of
                 any
                 rent
                 ;
                 Then
                 the
                 Churchwardens
                 of
                 the
                 Parish
                 ,
                 where
                 the
                 houses
                 were
                 ,
                 should
                 set
                 down
                 a
                 rate
                 of
                 the
                 houses
                 ,
                 and
                 according
                 unto
                 that
                 rate
                 and
                 payment
                 should
                 be
                 made
                 .
                 After
                 which
                 composition
                 so
                 made
                 ,
                 there
                 was
                 an
                 Act
                 of
                 Common
                 Councel
                 made
                 14.
                 
                 E.
                 4.
                 in
                 London
                 ,
                 for
                 the
                 confirmation
                 of
                 the
                 Bull
                 granted
                 by
                 Pope
                 Nicholas
                 .
                 But
                 the
                 Citizens
                 of
                 London
                 finding
                 that
                 by
                 the
                 Common
                 Lawes
                 of
                 the
                 Realm
                 ,
                 no
                 Bull
                 of
                 the
                 Pope
                 ,
                 nor
                 Arbitrary
                 composition
                 ,
                 nor
                 Act
                 of
                 Common
                 Councel
                 could
                 bind
                 them
                 in
                 such
                 things
                 as
                 concerned
                 their
                 inheritance
                 ;
                 They
                 still
                 wresiled
                 with
                 the
                 Clergy
                 ,
                 and
                 would
                 not
                 condes●end
                 unto
                 the
                 payment
                 of
                 the
                 said
                 elevenpence
                 by
                 the
                 year
                 ,
                 obtruded
                 upon
                 them
                 by
                 the
                 addition
                 of
                 the
                 two
                 and
                 twenty
                 Saints
                 days
                 ,
                 whereupon
                 there
                 was
                 a
                 submision
                 unto
                 the
                 Lord
                 Chancellour
                 ,
                 
                 and
                 divers
                 others
                 of
                 the
                 Privy
                 Councel
                 ,
                 and
                 they
                 made
                 an
                 Order
                 for
                 the
                 payment
                 of
                 Tythes
                 according
                 unto
                 the
                 rate
                 of
                 2.
                 sh
                 .
                 9.
                 d.
                 in
                 the
                 pound
                 :
                 the
                 which
                 Order
                 was
                 first
                 promulgated
                 by
                 a
                 Proclamation
                 made
                 ,
                 and
                 afterwards
                 established
                 by
                 an
                 Act
                 of
                 Parliament
                 made
                 17.
                 
                 H.
                 8.
                 cap.
                 21.
                 in
                 confirmation
                 
                 
                 of
                 which
                 said
                 Order
                 there
                 was
                 a
                 Decree
                 made
                 37.
                 
                 H.
                 8.
                 with
                 some
                 further
                 additions
                 ,
                 the
                 which
                 said
                 Decree
                 was
                 confirmed
                 
                 by
                 an
                 Act
                 of
                 Parliament
                 made
                 37.
                 
                 H.
                 8.
                 cap.
                 12.
                 
                 So
                 as
                 it
                 appeareth
                 by
                 that
                 which
                 hath
                 been
                 formerly
                 said
                 ,
                 that
                 the
                 first
                 payment
                 was
                 only
                 according
                 unto
                 the
                 rate
                 of
                 2.
                 sh
                 .
                 6.
                 d.
                 per
                 pound
                 ;
                 afterward
                 ,
                 the
                 payment
                 was
                 increased
                 to
                 the
                 rate
                 of
                 3.
                 sh
                 .
                 5.
                 d.
                 per
                 pound
                 :
                 and
                 lastly
                 ,
                 there
                 was
                 an
                 abatement
                 and
                 payment
                 made
                 only
                 according
                 to
                 the
                 rate
                 of
                 2.
                 sh
                 .
                 9.
                 in
                 the
                 pound
                 .
                 The
                 first
                 payment
                 grewby
                 Custome
                 ,
                 the
                 second
                 by
                 Constitutions
                 ,
                 and
                 Bulls
                 of
                 the
                 Pope
                 ;
                 the
                 last
                 by
                 Decree
                 in
                 the
                 Chancery
                 .
              
               
                 As
                 to
                 the
                 fourth
                 part
                 ,
                 which
                 is
                 ,
                 whether
                 this
                 twenty
                 five
                 pounds
                 
                   per
                   annum
                
                 ,
                 
                 reserved
                 by
                 way
                 of
                 sine
                 and
                 income
                 ,
                 be
                 a
                 rent
                 within
                 the
                 words
                 of
                 the
                 Decree
                 ,
                 or
                 Statute
                 ,
                 or
                 not
                 ?
                 It
                 was
                 clearly
                 agreed
                 ,
                 and
                 resolved
                 ,
                 that
                 it
                 was
                 not
                 a
                 rent
                 .
                 For
                 it
                 may
                 not
                 be
                 said
                 either
                 a
                 rent-service
                 ,
                 rent-charge
                 ,
                 or
                 rent-seck
                 ;
                 and
                 there
                 are
                 only
                 three
                 manner
                 of
                 Rents
                 ,
                 
                   Et
                   argumentum
                   à
                   divisione
                   fortissimum
                
                 .
                 Secondly
                 ,
                 it
                 hath
                 not
                 the
                 properties
                 and
                 qualities
                 of
                 a
                 Rent
                 ;
                 for
                 it
                 shall
                 not
                 be
                 incident
                 to
                 the
                 reversion
                 of
                 the
                 house
                 to
                 
                 pass
                 ,
                 or
                 descend
                 with
                 it
                 ,
                 it
                 shall
                 not
                 be
                 extinguished
                 by
                 the
                 purchase
                 of
                 the
                 house
                 not
                 suspended
                 by
                 an
                 entry
                 in
                 the
                 house
                 ,
                 nor
                 apportioned
                 by
                 an
                 eviction
                 of
                 part
                 of
                 the
                 house
                 .
                 Thirdly
                 ,
                 the
                 party
                 himself
                 in
                 his
                 Indenture
                 of
                 Lease
                 hath
                 called
                 it
                 a
                 Fine
                 ,
                 and
                 Income
                 ,
                 and
                 hath
                 expressed
                 the
                 days
                 of
                 payment
                 for
                 it
                 ,
                 as
                 a
                 Fine
                 and
                 Income
                 ;
                 and
                 therefore
                 now
                 it
                 may
                 not
                 well
                 be
                 said
                 to
                 be
                 a
                 rent
                 either
                 in
                 the
                 judgement
                 of
                 the
                 Common
                 Laws
                 ,
                 or
                 Ecclesiastial
                 Laws
                 ,
                 or
                 in
                 common
                 accepration
                 .
              
               
                 As
                 to
                 the
                 fifth
                 part
                 which
                 is
                 ,
                 whether
                 this
                 twenty
                 five
                 pounds
                 by
                 the
                 year
                 ,
                 thus
                 
                 reserved
                 upon
                 a
                 Covenant
                 by
                 way
                 of
                 Fine
                 and
                 Income
                 ,
                 be
                 a
                 rent
                 within
                 the
                 intent
                 and
                 meaning
                 of
                 the
                 Decree
                 made
                 37.
                 
                 K
                 ,
                 H
                 8.
                 cap.
                 12
                 ?
                 It
                 was
                 conceived
                 by
                 those
                 that
                 argued
                 on
                 the
                 behalf
                 of
                 the
                 Ministers
                 of
                 London
                 ,
                 upon
                 the
                 reasons
                 hereafter
                 following
                 that
                 the
                 reservation
                 of
                 twenty
                 five
                 pounds
                 by
                 the
                 year
                 ,
                 by
                 way
                 of
                 Income
                 ,
                 was
                 a
                 rent
                 within
                 the
                 meaning
                 of
                 the
                 Decree
                 ,
                 and
                 that
                 the
                 Plaintiff
                 ought
                 to
                 have
                 the
                 rate-Tythes
                 paid
                 unto
                 him
                 ,
                 according
                 to
                 the
                 proportion
                 of
                 thirty
                 pounds
                 by
                 the
                 year
                 ,
                 and
                 not
                 according
                 unto
                 the
                 rate
                 of
                 five
                 
                 pounds
                 by
                 the
                 year
                 only
                 ;
                 First
                 ,
                 in
                 regard
                 that
                 this
                 Fine
                 being
                 profit
                 which
                 ariseth
                 by
                 reason
                 of
                 the
                 house
                 ,
                 and
                 being
                 payable
                 at
                 the
                 same
                 times
                 ,
                 that
                 the
                 first
                 five
                 pounds
                 (
                 which
                 without
                 question
                 is
                 a
                 rent
                 )
                 is
                 payable
                 ,
                 and
                 upon
                 the
                 same
                 conditions
                 may
                 well
                 be
                 said
                 a
                 rent
                 ;
                 both
                 out
                 of
                 the
                 Etymology
                 of
                 the
                 word
                 ,
                 by
                 common
                 acceptation
                 of
                 the
                 thing
                 ,
                 by
                 the
                 judgement
                 both
                 of
                 Common
                 Laws
                 ,
                 and
                 of
                 the
                 Laws
                 of
                 the
                 Church
                 and
                 so
                 is
                 a
                 rent
                 within
                 the
                 intent
                 of
                 the
                 Decree
                 ;
                 and
                 the
                 nameing
                 of
                 it
                 a
                 Fine
                 ,
                 or
                 Income
                 shall
                 not
                 cause
                 an
                 evasion
                 out
                 of
                 the
                 Law.
                 Secondly
                 ,
                 this
                 Decree
                 ,
                 and
                 Act
                 of
                 Parliament
                 being
                 made
                 for
                 the
                 avail
                 of
                 the
                 Church
                 ,
                 and
                 setling
                 of
                 the
                 revenue
                 thereof
                 ;
                 shall
                 have
                 as
                 liberal
                 construction
                 to
                 give
                 life
                 unto
                 the
                 true
                 intent
                 and
                 meaning
                 of
                 it
                 ,
                 as
                 may
                 be
                 ,
                 and
                 the
                 slight
                 of
                 payment
                 of
                 it
                 ,
                 as
                 a
                 gross
                 sum
                 by
                 way
                 of
                 Fine
                 and
                 Income
                 upon
                 a
                 Covenant
                 made
                 by
                 Goff
                 the
                 Leassee
                 ,
                 shall
                 not
                 defeat
                 the
                 good
                 provision
                 made
                 by
                 the
                 Decree
                 .
                 Thirdly
                 ,
                 this
                 2.
                 sh
                 9
                 d.
                 in
                 the
                 pound
                 being
                 the
                 labourers
                 hire
                 ,
                 and
                 given
                 him
                 in
                 satisfaction
                 and
                 recompence
                 of
                 all
                 manner
                 of
                 Tythes
                 ,
                 either
                 personal
                 ,
                 predial
                 ,
                 or
                 mixt
                 ,
                 the
                 Decree
                 
                 made
                 concerning
                 it
                 ,
                 ought
                 to
                 be
                 extended
                 and
                 enlarged
                 so
                 far
                 ,
                 as
                 by
                 reasonable
                 exposition
                 it
                 may
                 ,
                 and
                 is
                 not
                 any
                 wayes
                 to
                 be
                 restrained
                 ,
                 whereby
                 to
                 give
                 way
                 to
                 any
                 cautelous
                 provision
                 made
                 by
                 the
                 party
                 .
                 Fourthly
                 ,
                 the
                 Common
                 Law
                 ,
                 and
                 Statutes
                 having
                 all
                 with
                 one
                 voice
                 ,
                 condemned
                 fraud
                 ,
                 covin
                 ,
                 and
                 deceit
                 used
                 in
                 any
                 manner
                 of
                 kind
                 or
                 way
                 ,
                 and
                 bandying
                 themselves
                 against
                 it
                 ,
                 whereby
                 to
                 extirpate
                 and
                 root
                 it
                 out
                 of
                 the
                 hearts
                 of
                 all
                 ;
                 and
                 to
                 prevent
                 it
                 from
                 being
                 put
                 in
                 Ure
                 in
                 the
                 actions
                 of
                 any
                 man
                 ;
                 It
                 is
                 great
                 reason
                 in
                 this
                 case
                 ,
                 which
                 concerneth
                 God
                 ,
                 the
                 Church
                 ,
                 Religion
                 ,
                 and
                 Learning
                 ,
                 to
                 suppress
                 all
                 manner
                 of
                 Acts
                 which
                 may
                 any
                 way
                 have
                 a
                 taste
                 ,
                 or
                 touch
                 of
                 fraud
                 .
                 Wherefore
                 this
                 Fine
                 ,
                 or
                 Income
                 thus
                 reserved
                 by
                 way
                 of
                 Covenant
                 ,
                 having
                 the
                 appearance
                 of
                 fraud
                 ,
                 shall
                 be
                 taken
                 to
                 be
                 a
                 rent
                 ,
                 within
                 the
                 intent
                 ,
                 and
                 meaning
                 of
                 the
                 Decree
                 ;
                 and
                 way
                 shall
                 not
                 be
                 given
                 to
                 this
                 device
                 ,
                 whereby
                 to
                 defeat
                 the
                 Church
                 and
                 Ministers
                 
                 of
                 it
                 of
                 their
                 due
                 .
                 But
                 those
                 that
                 argued
                 on
                 the
                 behalf
                 of
                 the
                 Citizens
                 of
                 London
                 ,
                 were
                 of
                 opinion
                 that
                 this
                 Fine
                 ,
                 and
                 Income
                 was
                 not
                 within
                 the
                 intent
                 and
                 meaning
                 of
                 the
                 Decree
                 ;
                 for
                 the
                 Decree
                 
                 being
                 that
                 the
                 Citizens
                 and
                 Inhabitants
                 of
                 the
                 City
                 of
                 London
                 ,
                 and
                 Liberties
                 of
                 the
                 same
                 for
                 the
                 time
                 being
                 shall
                 yearly
                 for
                 ever
                 without
                 fraud
                 ,
                 or
                 covin
                 ,
                 pay
                 their
                 Tythes
                 to
                 the
                 Parsons
                 ,
                 Vicars
                 ,
                 Curates
                 of
                 the
                 said
                 City
                 and
                 their
                 Successors
                 for
                 the
                 time
                 being
                 ,
                 after
                 the
                 rate
                 hereafter
                 following
                 ;
                 that
                 is
                 ,
                 to
                 wit
                 ,
                 of
                 every
                 ten
                 shillings
                 rent
                 by
                 the
                 year
                 ,
                 of
                 all
                 ,
                 and
                 every
                 House
                 ,
                 and
                 Houses
                 ,
                 Shops
                 ,
                 Warehouses
                 ,
                 Cellars
                 ,
                 and
                 Stables
                 within
                 the
                 said
                 City
                 ,
                 and
                 Liberty
                 of
                 the
                 same
                 ,
                 sixteen
                 pence
                 half-penny
                 ,
                 and
                 of
                 every
                 20.
                 sh
                 .
                 rent
                 of
                 all
                 and
                 every
                 such
                 House
                 ,
                 and
                 Houses
                 ,
                 Shops
                 ,
                 Wa●houses
                 ,
                 Cellars
                 ,
                 and
                 Stables
                 within
                 the
                 said
                 City
                 ,
                 and
                 Liberties
                 ,
                 2.
                 sh
                 .
                 6.
                 d.
                 and
                 so
                 above
                 the
                 rate
                 of
                 twenty
                 shillings
                 by
                 the
                 year
                 ,
                 ascending
                 from
                 ten
                 shillings
                 to
                 ten
                 shillings
                 according
                 to
                 the
                 rate
                 aforesaid
                 .
                 And
                 where
                 any
                 Lease
                 is
                 ,
                 or
                 shall
                 be
                 made
                 of
                 any
                 dwelling
                 house
                 or
                 houses
                 ,
                 shops
                 ,
                 warehouses
                 ,
                 cellars
                 ,
                 or
                 stables
                 or
                 any
                 of
                 them
                 ,
                 by
                 fraud
                 ,
                 or
                 covin
                 ,
                 reserving
                 less
                 rent
                 then
                 hath
                 been
                 accustomed
                 ,
                 or
                 is
                 ,
                 or
                 that
                 any
                 such
                 Lease
                 shall
                 be
                 made
                 without
                 any
                 rent
                 reserved
                 upon
                 the
                 same
                 by
                 reason
                 of
                 any
                 Fine
                 ,
                 or
                 Income
                 paid
                 before
                 hand
                 or
                 by
                 ay
                 fraud
                 ,
                 or
                 covin
                 ,
                 that
                 then
                 ,
                 and
                 in
                 
                 every
                 such
                 case
                 the
                 Tenant
                 or
                 Farmer
                 ;
                 Tenants
                 or
                 Farmers
                 thereof
                 shall
                 pay
                 his
                 or
                 their
                 Tythes
                 of
                 the
                 same
                 ,
                 according
                 to
                 the
                 quantity
                 of
                 such
                 rent
                 ,
                 or
                 rents
                 ,
                 as
                 the
                 same
                 house
                 ,
                 or
                 houses
                 ,
                 shops
                 ,
                 warehouses
                 ,
                 cellars
                 ,
                 stables
                 ,
                 or
                 any
                 of
                 them
                 were
                 last
                 letten
                 ,
                 without
                 Fraud
                 or
                 Covin
                 ,
                 before
                 the
                 making
                 of
                 such
                 a
                 Lease
                 .
                 It
                 appeareth
                 that
                 the
                 Decree
                 aimeth
                 at
                 a
                 rent
                 ,
                 and
                 not
                 at
                 a
                 Fine
                 ,
                 or
                 Income
                 ,
                 for
                 within
                 the
                 words
                 above
                 mentioned
                 ,
                 it
                 appeareth
                 that
                 there
                 is
                 a
                 difference
                 ,
                 and
                 distinction
                 made
                 between
                 a
                 Fine
                 ,
                 and
                 an
                 Income
                 ,
                 and
                 the
                 intent
                 of
                 the
                 maker
                 of
                 the
                 Decree
                 ,
                 is
                 best
                 drawn
                 and
                 understood
                 by
                 the
                 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
                 Recorde●
                 ,
                 and
                 six
                 Aldermen
                 had
                 wont
                 to
                 be
                 present
                 at
                 the
                 least
                 ,
                 at
                 every
                 such
                 Judgement
                 given
                 ;
                 and
                 every
                 Beadle
                 by
                 advise
                 of
                 his
                 Ald●●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
                 Wa●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
                 swo●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
                 ●ight
                 Patent
                 :
                 And
                 the
                 ●●ques●
                 may
                 pass
                 the
                 same
                 day
                 by
                 such
                 common
                 summons
                 of
                 the
                 Beadle
                 if
                 the
                 parties
                 be
                 at
                 Issue
                 ,
                 and
                 the
                 Juiors
                 do
                 come
                 ;
                 otherwise
                 Process
                 shall
                 be
                 〈…〉
                 the
                 Jury
                 to
                 come
                 at
                 the
                 next
                 Hust
                 .
                 o●
                 Pleas
                 of
                 ●ard
                 by
                 precept
                 directed
                 from
                 the
                 Major
                 to
                 the
                 Sheriffs
                 ,
                 
                 and
                 the
                 Sheriffs
                 shall
                 be
                 ministers
                 by
                 commandement
                 of
                 the
                 Major
                 to
                 serve
                 the
                 Writs
                 ,
                 and
                 do
                 the
                 execution
                 of
                 the
                 same
                 ,
                 albeit
                 the
                 original
                 be
                 directed
                 to
                 the
                 Major
                 and
                 Sheriffs
                 in
                 common
                 ;
                 and
                 you
                 shall
                 understand
                 that
                 as
                 well
                 the
                 Tenants
                 as
                 Demandants
                 may
                 appoint
                 their
                 Attorneys
                 in
                 such
                 Pleas.
                 And
                 if
                 the
                 Demandants
                 plead
                 against
                 the
                 Tenants
                 in
                 the
                 nature
                 of
                 a
                 Writ
                 of
                 Right
                 ,
                 and
                 he
                 parties
                 come
                 to
                 a
                 Jury
                 upon
                 the
                 meer
                 Right
                 ,
                 then
                 shall
                 the
                 Jury
                 be
                 taken
                 of
                 twenty
                 four
                 ,
                 in
                 the
                 nature
                 of
                 a
                 grand
                 Assize
                 ,
                 as
                 alwayes
                 the
                 custome
                 requireth
                 ,
                 that
                 six
                 of
                 the
                 Ward
                 be
                 of
                 the
                 Jury
                 of
                 twenty
                 four
                 .
                 And
                 the
                 Tenants
                 in
                 all
                 such
                 Writs
                 may
                 vouch
                 to
                 warrant
                 within
                 the
                 said
                 City
                 ,
                 and
                 also
                 in
                 Forreign
                 County
                 ,
                 if
                 the
                 Vouchers
                 be
                 not
                 Tenants
                 within
                 the
                 same
                 City
                 .
                 And
                 if
                 the
                 Tenants
                 in
                 such
                 Writs
                 vouch
                 to
                 warrant
                 in
                 Forreign
                 County
                 ;
                 In
                 this
                 Case
                 Process
                 cannot
                 be
                 made
                 against
                 the
                 Voucher
                 by
                 the
                 Law
                 of
                 the
                 City
                 ;
                 Then
                 shall
                 the
                 Record
                 be
                 brought
                 before
                 the
                 Justices
                 of
                 the
                 Common
                 Pleas
                 at
                 the
                 suit
                 of
                 the
                 Demandant
                 ,
                 and
                 then
                 Process
                 shall
                 be
                 made
                 against
                 the
                 Vouchee
                 ;
                 And
                 when
                 the
                 Voucher
                 shall
                 be
                 ended
                 in
                 the
                 same
                 
                 Court
                 ,
                 then
                 all
                 the
                 Parol
                 shall
                 be
                 sent
                 back
                 again
                 into
                 the
                 Hust
                 .
                 to
                 proceed
                 further
                 in
                 the
                 Plea
                 according
                 to
                 the
                 custome
                 of
                 the
                 City
                 ,
                 and
                 certain
                 Statutes
                 .
                 And
                 also
                 if
                 the
                 Tenants
                 in
                 such
                 Writ
                 plead
                 in
                 Bar
                 by
                 release
                 ,
                 bearing
                 date
                 in
                 Forreign
                 County
                 ,
                 or
                 Forreign
                 matter
                 be
                 pleaded
                 that
                 it
                 cannot
                 be
                 tryed
                 within
                 the
                 City
                 ,
                 then
                 the
                 Defendant
                 shall
                 cause
                 the
                 Process
                 to
                 come
                 into
                 the
                 Kings
                 Court
                 ,
                 to
                 try
                 the
                 matter
                 there
                 where
                 it
                 is
                 alleadged
                 ,
                 as
                 the
                 matter
                 is
                 there
                 found
                 ,
                 the
                 proceeding
                 shall
                 be
                 sent
                 back
                 again
                 into
                 the
                 Hustings
                 to
                 proceed
                 further
                 therein
                 ,
                 as
                 the
                 Case
                 requireth
                 ;
                 And
                 all
                 that
                 time
                 the
                 Suit
                 shall
                 cease
                 in
                 the
                 Hust
                 .
                 as
                 hath
                 been
                 heretofore
                 :
                 And
                 also
                 it
                 hath
                 been
                 heretofore
                 accustomed
                 that
                 a
                 man
                 may
                 say
                 in
                 Hastings
                 of
                 Pleas
                 of
                 Land
                 to
                 have
                 execution
                 of
                 Judgement
                 given
                 in
                 Hust
                 .
                 in
                 nature
                 of
                 Scirefacias
                 without
                 Writ
                 .
                 And
                 you
                 must
                 note
                 that
                 any
                 such
                 Summons
                 made
                 to
                 the
                 Tenants
                 in
                 a
                 Writ
                 of
                 right
                 Patent
                 is
                 made
                 two
                 or
                 three
                 days
                 before
                 such
                 Hust
                 .
                 or
                 the
                 Sunday
                 next
                 before
                 the
                 same
                 Hust
                 .
              
               
                 If
                 Erroneous
                 Judgement
                 be
                 given
                 in
                 the
                 Hustings
                 of
                 London
                 before
                 the
                 Major
                 
                 
                 and
                 Sheriffs
                 ,
                 it
                 shall
                 be
                 reserved
                 by
                 Commission
                 out
                 of
                 the
                 Chancery
                 directed
                 to
                 certain
                 persons
                 to
                 examine
                 the
                 Record
                 and
                 Process
                 .
              
               
                 If
                 Erroneous
                 Judgement
                 be
                 given
                 before
                 the
                 Sheriffs
                 in
                 London
                 ,
                 the
                 Defendant
                 
                 may
                 sue
                 a
                 Writ
                 of
                 Error
                 before
                 the
                 Mayor
                 and
                 Sheriffs
                 in
                 the
                 Hustings
                 .
              
            
             
               
                 Hustings
                 of
                 Common
                 Pleas
              
               
                 IN
                 Hust
                 .
                 of
                 Common
                 Pleas
                 are
                 pleadable
                 Writs
                 called
                 
                   Ex
                   gravi
                   querala
                
                 ,
                 to
                 have
                 execution
                 of
                 the
                 Tenants
                 out
                 of
                 Testaments
                 ,
                 which
                 are
                 enrolled
                 of
                 Record
                 in
                 the
                 
                   Hust
                   .
                   Writs
                
                 of
                 Dower
                 ,
                 
                   unde
                   nihil
                   habet
                   ,
                   Writs
                
                 of
                 Gavelets
                 of
                 Customes
                 and
                 Services
                 instead
                 of
                 
                   Cessavit
                   ,
                   Writs
                
                 of
                 Error
                 of
                 judgment
                 given
                 before
                 the
                 Sheriffs
                 ,
                 Writs
                 of
                 
                   Waste
                   ,
                   Writs
                
                 of
                 
                   Participatione
                   faciend
                
                 .
                 among
                 partners
                 ,
                 
                   Writs
                   of
                   Quid
                   juris
                   clamat
                   &
                   per
                   quae
                   servitia
                   ,
                
                 and
                 other
                 the
                 Writs
                 which
                 are
                 closed
                 &
                 directed
                 to
                 the
                 Mayor
                 and
                 Sheriffs
                 ,
                 and
                 also
                 Replegiaries
                 of
                 for
                 goods
                 and
                 distresses
                 wrongfully
                 taken
                 .
                 These
                 are
                 pleadable
                 before
                 the
                 Mayor
                 and
                 Sheriffs
                 ,
                 in
                 these
                 Hust
                 .
                 of
                 Common
                 Pleas
                 by
                 plaint
                 without
                 Writ
                 ;
                 And
                 not
                 as
                 before
                 ,
                 that
                 the
                 Sheriffs
                 are
                 Ministers
                 to
                 do
                 the
                 office
                 of
                 ferving
                 
                 these
                 Writs
                 and
                 Replegiaries
                 by
                 the
                 Majors
                 Preceps
                 directed
                 to
                 the
                 same
                 Sheriffs
                 .
              
            
             
               
                 And
                 the
                 Process
                 is
                 thus
                 .
              
               
                 FIrst
                 ,
                 in
                 the
                 Writ
                 of
                 
                   Ex
                   gravi
                   querela
                
                 ,
                 warning
                 before
                 hand
                 shall
                 be
                 given
                 to
                 the
                 Tenants
                 two
                 or
                 three
                 dayes
                 before
                 the
                 Hust
                 .
                 or
                 the
                 Sunday
                 be
                 o●e
                 ,
                 as
                 in
                 Plea
                 of
                 Land
                 ;
                 And
                 so
                 shall
                 be
                 done
                 of
                 all
                 other
                 Summons
                 touching
                 the
                 same
                 Hust
                 .
                 And
                 if
                 warning
                 be
                 given
                 and
                 testified
                 by
                 the
                 Sheriffs
                 or
                 his
                 Ministers
                 ,
                 the
                 Tenants
                 may
                 not
                 be
                 essoyned
                 ;
                 and
                 if
                 the
                 Tenants
                 make
                 default
                 at
                 the
                 same
                 warning
                 testified
                 ;
                 then
                 the
                 
                   Grand
                   Cape
                
                 shall
                 be
                 awarded
                 ;
                 And
                 if
                 they
                 appear
                 ,
                 they
                 may
                 be
                 essoyned
                 at
                 the
                 view
                 .
                 And
                 hereupon
                 all
                 other
                 Process
                 are
                 made
                 plainly
                 ,
                 as
                 is
                 said
                 in
                 a
                 Writ
                 of
                 
                   Droit
                   Patent
                
                 in
                 the
                 Hust
                 .
                 in
                 a
                 Plea
                 of
                 Land.
                 
              
               
                 In
                 a
                 Writ
                 of
                 
                   Dower
                   ,
                   unde
                   nihil
                   habet
                
                 ,
                 the
                 Tenants
                 shall
                 have
                 at
                 the
                 beginning
                 three
                 Summons
                 and
                 one
                 Essoyn
                 after
                 the
                 three
                 Summons
                 ,
                 and
                 after
                 these
                 shall
                 have
                 the
                 view
                 ,
                 one
                 Essoyn
                 and
                 the
                 Tenant
                 in
                 such
                 Writ
                 of
                 Dower
                 shall
                 have
                 the
                 view
                 ,
                 although
                 they
                 enter
                 by
                 the
                 
                 husband
                 himself
                 demanding
                 the
                 same
                 ,
                 albeit
                 he
                 died
                 seized
                 ;
                 and
                 also
                 the
                 Tenants
                 may
                 vouch
                 to
                 warranty
                 ,
                 and
                 after
                 be
                 essoyn●d
                 after
                 every
                 appearance
                 ;
                 and
                 all
                 other
                 Process
                 shall
                 be
                 made
                 as
                 in
                 a
                 Writ
                 of
                 right
                 in
                 the
                 Hust
                 .
                 of
                 Pleas
                 of
                 Land
                 aforesaid
                 :
                 And
                 it
                 the
                 Demandant
                 recover
                 Dower
                 against
                 the
                 Tenant
                 by
                 default
                 ●o
                 by
                 judgement
                 in
                 Law
                 in
                 such
                 Writ
                 or
                 Dower
                 ;
                 And
                 the
                 same
                 wife
                 of
                 the
                 Demand●nt
                 alledgeth
                 in
                 Court
                 of
                 Record
                 that
                 her
                 husband
                 died
                 seized
                 ;
                 Then
                 the
                 Major
                 shall
                 command
                 ●he
                 Sheriffs
                 by
                 Precept
                 ,
                 that
                 they
                 cause
                 a
                 Jury
                 of
                 the
                 vi●inity
                 where
                 the
                 Tenants
                 l●e
                 against
                 the
                 next
                 Hust
                 .
                 of
                 Common
                 Pleas
                 to
                 enquire
                 if
                 the
                 husband
                 died
                 seized
                 ,
                 and
                 of
                 the
                 value
                 of
                 the
                 ●enements
                 and
                 of
                 the
                 damages
                 ;
                 and
                 〈◊〉
                 recover
                 by
                 verdict
                 the
                 damages
                 shall
                 be
                 enqui●ed
                 by
                 the
                 same
                 J●y
                 .
              
               
                 In
                 a
                 Writ
                 of
                 Gavi●et
                 ,
                 the
                 Ten●nts
                 shall
                 have
                 three
                 〈◊〉
                 and
                 three
                 Essoynes
                 ,
                 and
                 they
                 also
                 shall
                 have
                 tha●
                 view
                 ,
                 they
                 may
                 vouch
                 to
                 〈…〉
                 and
                 Forreign
                 .
                 And
                 they
                 shall
                 be
                 essoyned
                 and
                 shall
                 have
                 other
                 exceptions
                 ,
                 and
                 all
                 other
                 Process
                 shall
                 be
                 made
                 as
                 in
                 a
                 Writ
                 of
                 Right
                 ,
                 &c.
                 
                 But
                 if
                 the
                 Tenant
                 
                 make
                 default
                 after
                 default
                 ,
                 then
                 the
                 Defendant
                 shall
                 have
                 Judgement
                 to
                 recover
                 and
                 hold
                 for
                 a
                 year
                 and
                 a
                 day
                 ,
                 upon
                 this
                 condition
                 ,
                 that
                 the
                 Tenant
                 may
                 come
                 within
                 the
                 same
                 year
                 and
                 a
                 day
                 ,
                 then
                 next
                 following
                 ,
                 and
                 make
                 agreement
                 for
                 the
                 Arrearages
                 ,
                 and
                 find
                 Surety
                 ,
                 as
                 the
                 Court
                 shall
                 award
                 ,
                 to
                 pay
                 the
                 rent
                 ,
                 or
                 the
                 services
                 faithfully
                 from
                 thenceforth
                 ,
                 and
                 shall
                 have
                 again
                 his
                 Tenements
                 ;
                 and
                 within
                 the
                 same
                 year
                 and
                 day
                 ,
                 the
                 Tenant
                 may
                 come
                 in
                 Court
                 by
                 
                   Scire
                   fac
                
                 .
                 and
                 shall
                 have
                 again
                 his
                 Tenements
                 ,
                 doing
                 as
                 aforesaid
                 ;
                 and
                 if
                 the
                 Tenant
                 come
                 not
                 within
                 the
                 year
                 and
                 the
                 day
                 ,
                 as
                 is
                 aforesaid
                 ,
                 then
                 after
                 the
                 year
                 and
                 the
                 day
                 ,
                 the
                 Defendant
                 shall
                 have
                 a
                 
                   Scire
                   fac
                
                 .
                 against
                 the
                 Tenant
                 to
                 come
                 and
                 answer
                 ,
                 whether
                 he
                 can
                 say
                 any
                 thing
                 why
                 the
                 Defendant
                 ought
                 not
                 to
                 recover
                 the
                 Tenements
                 quite
                 and
                 clearly
                 to
                 him
                 and
                 his
                 Heirs
                 for
                 ever
                 ;
                 and
                 if
                 the
                 Tenant
                 come
                 not
                 to
                 shew
                 what
                 he
                 can
                 say
                 ,
                 then
                 Judgement
                 shall
                 be
                 given
                 ,
                 that
                 the
                 Defendant
                 shall
                 quite
                 recover
                 the
                 Land
                 for
                 ever
                 ,
                 according
                 to
                 the
                 Judgement
                 ,
                 called
                 Shartford
                 by
                 custome
                 of
                 the
                 same
                 City
                 .
              
               
                 In
                 a
                 Writ
                 of
                 waste
                 ,
                 process
                 shall
                 be
                 
                 made
                 against
                 the
                 Tenants
                 by
                 Summons
                 ,
                 Attachment
                 ,
                 and
                 distress
                 ,
                 according
                 to
                 the
                 Statute
                 in
                 that
                 behalf
                 made
                 ;
                 and
                 if
                 the
                 Tenant
                 come
                 and
                 plead
                 ,
                 then
                 he
                 shall
                 have
                 an
                 Essoyn
                 ,
                 and
                 so
                 after
                 every
                 appearance
                 ;
                 and
                 if
                 he
                 make
                 default
                 at
                 the
                 Grand
                 Distress
                 ,
                 then
                 shall
                 Commandment
                 go
                 to
                 the
                 Sheriff
                 by
                 the
                 Mayors
                 precept
                 ,
                 that
                 the
                 Sheriff
                 shall
                 come
                 to
                 the
                 place
                 wasted
                 ,
                 and
                 shall
                 enquire
                 of
                 the
                 waste
                 and
                 damages
                 according
                 to
                 the
                 Statute
                 ,
                 and
                 that
                 they
                 return
                 the
                 same
                 at
                 the
                 next
                 Hust
                 .
                 of
                 Common
                 Pleas
                 ,
                 and
                 the
                 Plaintiff
                 shall
                 recover
                 the
                 place
                 wasted
                 ,
                 and
                 the
                 treble
                 damages
                 by
                 the
                 Statute
                 .
              
               
                 In
                 a
                 Writ
                 of
                 Error
                 of
                 Judgement
                 ,
                 given
                 in
                 Court
                 before
                 the
                 Sheriffs
                 in
                 Actions
                 personal
                 ,
                 and
                 in
                 Assizes
                 of
                 Novel
                 Desseizen
                 or
                 Mortdanc
                 .
                 taken
                 before
                 the
                 Sheriffs
                 and
                 the
                 Mayor
                 ,
                 shall
                 make
                 a
                 Warrant
                 to
                 the
                 Sheriffs
                 ,
                 to
                 cause
                 the
                 Record
                 and
                 Process
                 to
                 come
                 at
                 the
                 next
                 Hust
                 .
                 of
                 the
                 Pleas
                 ,
                 and
                 that
                 they
                 cause
                 the
                 parties
                 to
                 be
                 wa●ned
                 to
                 hear
                 the
                 Record
                 ,
                 and
                 after
                 the
                 Record
                 and
                 Process
                 be
                 in
                 the
                 Hust
                 .
                 although
                 the
                 Defendant
                 come
                 by
                 warning
                 ,
                 or
                 make
                 default
                 ,
                 the
                 Errors
                 shall
                 be
                 assigned
                 ,
                 
                 and
                 there
                 the
                 Judgement
                 shall
                 be
                 affirmed
                 or
                 reserved
                 ,
                 as
                 the
                 Law
                 requireth
                 :
                 And
                 it
                 is
                 to
                 be
                 noted
                 ,
                 that
                 by
                 custome
                 of
                 the
                 same
                 City
                 ,
                 that
                 when
                 a
                 man
                 is
                 condemned
                 in
                 debt
                 ,
                 or
                 attaint
                 of
                 damages
                 ,
                 in
                 any
                 action
                 personal
                 before
                 the
                 Sheriffs
                 ,
                 and
                 bringeth
                 such
                 a
                 Writ
                 of
                 Error
                 he
                 which
                 b●ingeth
                 the
                 Writ
                 ,
                 must
                 before
                 he
                 be
                 delivered
                 out
                 of
                 Prison
                 ,
                 find
                 sufficient
                 Sureties
                 of
                 men
                 resident
                 within
                 the
                 City
                 to
                 be
                 bo●nd
                 before
                 the
                 Mayor
                 and
                 Sheriffs
                 to
                 pay
                 the
                 money
                 or
                 to
                 being
                 in
                 the
                 body
                 taken
                 in
                 case
                 the
                 Judgment
                 be
                 affirmed
                 ;
                 and
                 in
                 like
                 sort
                 is
                 to
                 be
                 done
                 where
                 damages
                 are
                 recovered
                 in
                 Assize
                 before
                 the
                 Sheriffs
                 and
                 Coroners
                 .
              
               
                 In
                 a
                 Writ
                 of
                 Replegiari
                 ,
                 the
                 process
                 is
                 such
                 ,
                 that
                 if
                 any
                 one
                 take
                 a
                 Distress
                 or
                 other
                 sole
                 thing
                 within
                 the
                 said
                 City
                 ,
                 he
                 which
                 oweth
                 the
                 goods
                 ,
                 may
                 come
                 to
                 one
                 of
                 the
                 Sheriffs
                 ,
                 and
                 shall
                 have
                 a
                 Minister
                 at
                 the
                 Commandment
                 of
                 the
                 Court
                 to
                 go
                 to
                 the
                 party
                 that
                 took
                 the
                 goods
                 ,
                 and
                 if
                 he
                 may
                 have
                 the
                 view
                 to
                 praise
                 them
                 by
                 two
                 honest
                 men
                 ,
                 and
                 then
                 shall
                 a
                 plaint
                 be
                 made
                 in
                 the
                 Sheriffs
                 paper-Office
                 in
                 this
                 wise
                 .
                 
                   T.
                   S.
                   queritur
                   versus
                   I.
                   L.
                   de
                   averus
                   suis
                   injuste
                   Capt.
                   in
                
                 
                 
                   Dominio
                   suo
                   vel
                   in
                   libero
                   Tenemento
                   suo
                   in
                   ●arochia
                   Sancti
                
                 &c.
                 
                 And
                 the
                 same
                 party
                 shall
                 then
                 find
                 two
                 sufficient
                 Sureties
                 ,
                 to
                 sue
                 and
                 make
                 return
                 of
                 the
                 Goods
                 ,
                 or
                 the
                 p●ice
                 thereof
                 ,
                 in
                 case
                 the
                 return
                 be
                 awarded
                 ,
                 and
                 so
                 shall
                 have
                 deliverance
                 ;
                 and
                 the
                 Parties
                 shall
                 have
                 a
                 day
                 prefixed
                 at
                 the
                 next
                 Hust
                 .
                 of
                 Common
                 Pleas
                 ,
                 and
                 then
                 at
                 the
                 next
                 Hust
                 .
                 of
                 Common
                 Pleas
                 ,
                 the
                 Sheriff
                 shall
                 make
                 a
                 Bill
                 containing
                 all
                 the
                 matter
                 and
                 the
                 plaint
                 ,
                 and
                 shall
                 carry
                 the
                 Bill
                 to
                 the
                 same
                 Hust
                 .
                 and
                 there
                 it
                 shall
                 be
                 put
                 upon
                 the
                 file
                 ,
                 and
                 the
                 parties
                 shall
                 be
                 demonded
                 at
                 what
                 day
                 the
                 one
                 or
                 the
                 other
                 may
                 be
                 essoyned
                 of
                 the
                 common
                 Essoyn
                 ;
                 and
                 if
                 that
                 day
                 the
                 Plaintiff
                 maketh
                 default
                 ,
                 return
                 shall
                 be
                 awarded
                 to
                 the
                 Avowant
                 ,
                 and
                 return
                 in
                 such
                 case
                 is
                 awardable
                 three
                 times
                 by
                 the
                 custome
                 of
                 the
                 City
                 ,
                 and
                 the
                 third
                 time
                 not
                 reprisable
                 ;
                 and
                 at
                 that
                 time
                 the
                 Avowant
                 maketh
                 default
                 ,
                 then
                 it
                 shall
                 be
                 awarded
                 ,
                 that
                 the
                 goods
                 remain
                 to
                 the
                 Plaintiff
                 ;
                 viz.
                 that
                 the
                 goods
                 remain
                 without
                 any
                 recovering
                 ;
                 and
                 if
                 it
                 be
                 that
                 the
                 Sheriff
                 cannot
                 have
                 view
                 of
                 the
                 Distress
                 taken
                 ,
                 then
                 he
                 shall
                 certifie
                 it
                 into
                 the
                 said
                 Hust
                 .
                 and
                 there
                 shall
                 be
                 awarded
                 
                 the
                 Wetherum
                 ,
                 and
                 upon
                 that
                 ,
                 process
                 shall
                 be
                 made
                 ;
                 and
                 if
                 the
                 parties
                 come
                 ,
                 and
                 Avowry
                 be
                 made
                 ,
                 and
                 pleaded
                 to
                 the
                 Judgement
                 ,
                 or
                 to
                 the
                 Issue
                 of
                 the
                 inquest
                 ,
                 then
                 shall
                 Judgement
                 be
                 given
                 ,
                 or
                 process
                 ,
                 to
                 cause
                 the
                 Jury
                 to
                 come
                 ,
                 as
                 the
                 case
                 requireth
                 ,
                 and
                 the
                 parties
                 may
                 be
                 Essoyned
                 after
                 appearance
                 ;
                 and
                 if
                 the
                 party
                 claim
                 property
                 in
                 the
                 Distress
                 ,
                 and
                 then
                 certifie
                 the
                 same
                 in
                 the
                 Hust
                 .
                 and
                 the
                 process
                 shall
                 be
                 made
                 by
                 precept
                 made
                 to
                 the
                 Sheriff
                 to
                 try
                 the
                 property
                 ,
                 &c.
                 
                 And
                 although
                 the
                 party
                 be
                 essoyned
                 of
                 the
                 Kings
                 service
                 in
                 a
                 Replegiare
                 ,
                 and
                 at
                 the
                 day
                 that
                 he
                 hath
                 by
                 Essoyn
                 ,
                 make
                 default
                 ;
                 or
                 bringeth
                 not
                 his
                 Warrant
                 ,
                 he
                 shall
                 not
                 be
                 cleared
                 of
                 damage
                 .
              
               
                 In
                 a
                 Writ
                 of
                 
                   Particepat
                   faciend
                
                 to
                 make
                 partition
                 between
                 Parceners
                 of
                 the
                 Tenants
                 in
                 London
                 ;
                 the
                 Writ
                 closed
                 ,
                 shall
                 be
                 directed
                 to
                 the
                 Mayor
                 and
                 Sheriffs
                 ,
                 containing
                 the
                 matter
                 according
                 to
                 the
                 form
                 of
                 such
                 Writ
                 ,
                 and
                 the
                 parties
                 shall
                 be
                 warned
                 by
                 precept
                 from
                 the
                 Mayor
                 directed
                 to
                 the
                 Sheriff
                 ,
                 and
                 the
                 Tenants
                 may
                 be
                 essoyned
                 and
                 if
                 they
                 come
                 ,
                 they
                 may
                 plead
                 their
                 matter
                 ;
                 and
                 if
                 they
                 make
                 default
                 ,
                 the
                 Writ
                 of
                 Partition
                 shall
                 
                 be
                 awarded
                 by
                 default
                 ;
                 and
                 every
                 Beadle
                 of
                 the
                 said
                 City
                 ,
                 by
                 the
                 advise
                 of
                 his
                 Alderman
                 against
                 every
                 Hust
                 .
                 of
                 Common
                 Pleas
                 ,
                 shall
                 cause
                 to
                 be
                 summoned
                 twelve
                 men
                 ,
                 being
                 Free-holders
                 ,
                 of
                 the
                 best
                 and
                 most
                 sufficient
                 of
                 his
                 Ward
                 ,
                 to
                 come
                 to
                 the
                 Guild-Hall
                 aforesaid
                 ,
                 and
                 to
                 pass
                 in
                 Juries
                 ,
                 if
                 need
                 be
                 ,
                 if
                 there
                 be
                 so
                 many
                 men
                 landed
                 in
                 the
                 said
                 Ward
                 ;
                 and
                 the
                 Juries
                 shall
                 be
                 taken
                 ,
                 as
                 before
                 is
                 said
                 in
                 the
                 Hust
                 .
                 of
                 Plea
                 of
                 Land.
                 
              
               
                 And
                 note
                 ,
                 that
                 Writs
                 of
                 Exigent
                 are
                 taken
                 out
                 of
                 the
                 Hust
                 .
                 as
                 well
                 in
                 Hust
                 .
                 of
                 Common
                 Pleas
                 ,
                 as
                 of
                 Pleas
                 of
                 Land
                 ,
                 but
                 those
                 Exigents
                 that
                 are
                 taken
                 in
                 the
                 one
                 Hust
                 .
                 are
                 not
                 to
                 be
                 sued
                 in
                 the
                 other
                 Hust
                 .
                 and
                 at
                 the
                 fifth
                 Hust
                 .
                 the
                 Utlaries
                 and
                 Weyneries
                 shall
                 be
                 given
                 in
                 full
                 Hust
                 .
                 before
                 the
                 Mayor
                 and
                 Aldermen
                 by
                 the
                 mouth
                 of
                 their
                 Recorder
                 ;
                 and
                 also
                 all
                 Judgements
                 which
                 are
                 given
                 in
                 the
                 Hust
                 .
                 shall
                 be
                 given
                 in
                 the
                 same
                 manner
                 and
                 the
                 Exigent
                 after
                 every
                 Hust
                 .
                 shall
                 be
                 enrolled
                 ,
                 and
                 sent
                 into
                 the
                 Chamber
                 of
                 the
                 Guild-Hall
                 aforesaid
                 .
              
               
                 And
                 you
                 must
                 note
                 ,
                 that
                 all
                 Amerciaments
                 incident
                 to
                 the
                 said
                 Hust
                 .
                 pertain
                 to
                 the
                 Sheriffs
                 of
                 the
                 said
                 City
                 ;
                 and
                 that
                 
                 the
                 Aldermen
                 of
                 London
                 shall
                 be
                 su●moned
                 to
                 come
                 to
                 the
                 Hust
                 .
                 and
                 oug●●
                 by
                 custome
                 of
                 the
                 City
                 to
                 be
                 summon
                 by
                 one
                 of
                 the
                 Sheriffs
                 Officers
                 ,
                 sitti●●
                 upon
                 a
                 horse
                 of
                 a
                 C.
                 s.
                 price
                 at
                 least
                 .
              
            
             
               
                 
                   Assize
                   of
                
                 Mort
                 d'Ancest
                 .
                 in
                 London
                 .
              
               
                 THe
                 Assizes
                 of
                 
                   Mort
                   d'
                   Ancest
                
                 .
                 a●
                 holden
                 and
                 determinable
                 before
                 the
                 Sheriffs
                 and
                 Coroners
                 of
                 London
                 ,
                 o●
                 the
                 Saturdayes
                 ,
                 from
                 fourteen
                 days
                 t●
                 fourteen
                 days
                 at
                 the
                 
                   Guild
                   Hall
                
                 ,
                 for
                 which
                 the
                 Process
                 is
                 this
                 viz.
                 he
                 that
                 wil●
                 have
                 such
                 Assizen
                 ,
                 shall
                 come
                 in
                 the
                 Hust
                 .
                 or
                 into
                 the
                 Assembly
                 of
                 the
                 Mayo●
                 and
                 Aldermen
                 in
                 the
                 Chamber
                 of
                 the
                 
                   Guild
                   Hall
                
                 ,
                 any
                 Munday
                 ,
                 as
                 is
                 said
                 in
                 the
                 Assize
                 of
                 fresh
                 force
                 ,
                 and
                 shall
                 make
                 a
                 Bil●
                 containing
                 the
                 form
                 of
                 the
                 Assize
                 o●
                 
                   Mort
                   d'ancest
                
                 according
                 to
                 the
                 case
                 ,
                 an●
                 that
                 Bill
                 shall
                 be
                 enrolled
                 ,
                 and
                 after
                 the
                 common
                 Clerk
                 shall
                 make
                 another
                 B●●
                 containing
                 all
                 the
                 matters
                 of
                 the
                 fin●
                 Bill
                 ,
                 making
                 mention
                 of
                 the
                 title
                 of
                 the
                 Hust
                 .
                 or
                 of
                 the
                 day
                 of
                 the
                 assembly
                 of
                 the
                 Mayor
                 and
                 Aldermen
                 ,
                 and
                 this
                 Bill
                 shall
                 be
                 sent
                 unto
                 the
                 Sheriffs
                 ,
                 or
                 either
                 o●
                 
                 them
                 to
                 serve
                 ,
                 according
                 to
                 the
                 custom
                 ;
                 and
                 whi●●
                 Bill
                 shall
                 be
                 served
                 by
                 any
                 Serjeant
                 or
                 other
                 Minister
                 of
                 the
                 Sheriffs
                 viz.
                 the
                 land
                 Serjeant
                 the
                 Wednesday
                 next
                 after
                 the
                 delivery
                 of
                 the
                 Bill
                 ,
                 shall
                 make
                 Summons
                 to
                 the
                 Tenants
                 demand
                 ,
                 by
                 witness
                 of
                 two
                 Free
                 holders
                 ,
                 men
                 of
                 the
                 City
                 ,
                 that
                 they
                 be
                 at
                 the
                 
                   Guild
                   Hall
                
                 the
                 Saturday
                 next
                 following
                 to
                 see
                 the
                 Recogni●ance
                 ,
                 if
                 they
                 will
                 ;
                 against
                 which
                 Saturday
                 ,
                 the
                 Defendant
                 may
                 sue
                 the
                 next
                 Friday
                 before
                 together
                 ,
                 and
                 summon
                 the
                 Jury
                 ;
                 and
                 so
                 afterwards
                 against
                 the
                 Saturdayes
                 ,
                 from
                 fourteen
                 dayes
                 to
                 fourteen
                 dayes
                 at
                 his
                 will
                 ,
                 and
                 so
                 may
                 the
                 Tenants
                 sue
                 if
                 they
                 will
                 ,
                 for
                 their
                 celiverance
                 ;
                 and
                 the
                 gathering
                 of
                 the
                 Pannels
                 of
                 such
                 Juries
                 shall
                 be
                 done
                 by
                 the
                 Sheriffs
                 and
                 their
                 Ministers
                 ,
                 or
                 by
                 the
                 Mayor
                 and
                 Aldermen
                 ,
                 if
                 any
                 of
                 the
                 parties
                 will
                 require
                 it
                 upon
                 any
                 reasonable
                 cause
                 ,
                 in
                 such
                 sort
                 as
                 is
                 used
                 in
                 Assize
                 of
                 Fresh-force
                 ,
                 and
                 in
                 such
                 Assizes
                 of
                 
                   Mort
                   d'ancest
                
                 .
                 the
                 parties
                 may
                 be
                 assigned
                 as
                 at
                 the
                 Common
                 Law
                 ,
                 and
                 the
                 Tenant
                 may
                 vouch
                 to
                 warrant
                 within
                 the
                 City
                 and
                 also
                 in
                 Forreign
                 County
                 ,
                 if
                 the
                 Vouchee
                 have
                 no
                 Lands
                 within
                 the
                 City
                 ,
                 and
                 if
                 the
                 Tenants
                 plead
                 release
                 ,
                 
                 bearing
                 date
                 in
                 Forreign
                 County
                 ,
                 or
                 other
                 Forreign
                 matter
                 that
                 cannot
                 be
                 tryed
                 within
                 the
                 City
                 ,
                 or
                 that
                 the
                 Vouch
                 to
                 warrant
                 in
                 Forreign
                 Counties
                 ,
                 he
                 that
                 hath
                 nothing
                 within
                 the
                 City
                 ,
                 then
                 at
                 the
                 Suit
                 of
                 the
                 party
                 ,
                 shall
                 cause
                 the
                 Record
                 to
                 come
                 into
                 the
                 Kings
                 County
                 ,
                 by
                 Writ
                 directed
                 to
                 the
                 Sheriff
                 and
                 Coroner
                 and
                 there
                 shall
                 such
                 Forreign
                 Pleas
                 ,
                 and
                 Forreign
                 Vouchers
                 ,
                 be
                 tryed
                 and
                 determined
                 ,
                 and
                 sent
                 back
                 again
                 to
                 the
                 said
                 Sheriffs
                 and
                 Coroners
                 ,
                 to
                 go
                 forward
                 and
                 proceed
                 ,
                 according
                 to
                 the
                 custome
                 of
                 the
                 City
                 ;
                 and
                 continuance
                 shall
                 be
                 made
                 in
                 such
                 Assizes
                 upon
                 the
                 causes
                 proceeding
                 ,
                 and
                 upon
                 other
                 causes
                 reasonable
                 ;
                 and
                 when
                 the
                 Assizes
                 shall
                 be
                 determined
                 and
                 Judgement
                 given
                 ,
                 then
                 the
                 same
                 Assizes
                 shall
                 be
                 ingrossed
                 ,
                 and
                 entred
                 upon
                 Record
                 ,
                 by
                 the
                 said
                 Sheriffs
                 and
                 Coroners
                 ,
                 and
                 afterward
                 sent
                 to
                 the
                 Guild-Hall
                 to
                 remain
                 there
                 of
                 Record
                 ,
                 according
                 to
                 the
                 Order
                 of
                 Assize
                 of
                 Fresh-force
                 ,
                 hereafter
                 following
                 .
              
            
             
               
               
                 
                   Assizes
                   of
                
                 Novel
                 Disseizen
                 ,
                 called
                 Fresh-force
                 in
                 London
                 .
              
               
                 THe
                 Assizes
                 of
                 
                   Novel
                   Desseizen
                
                 ,
                 called
                 
                   Fresh
                   force
                
                 of
                 London
                 ,
                 and
                 Tenements
                 and
                 Rents
                 within
                 the
                 City
                 of
                 London
                 ,
                 of
                 Disseizins
                 made
                 within
                 40.
                 weeks
                 ,
                 are
                 holden
                 and
                 determinable
                 before
                 the
                 two
                 Sheriffs
                 ,
                 and
                 the
                 Coroner
                 of
                 the
                 said
                 City
                 in
                 common
                 ,
                 every
                 Saturday
                 in
                 the
                 Guild-Hall
                 ;
                 except
                 certain
                 times
                 wherein
                 the
                 Assize
                 cannot
                 be
                 holden
                 for
                 reasonable
                 cause
                 ,
                 and
                 the
                 process
                 thereof
                 is
                 such
                 ,
                 viz.
                 when
                 any
                 man
                 is
                 grieved
                 ,
                 and
                 that
                 he
                 be
                 disseized
                 of
                 his
                 Free-hold
                 within
                 the
                 said
                 City
                 ,
                 or
                 the
                 Suburbs
                 of
                 the
                 same
                 ;
                 he
                 shall
                 come
                 to
                 any
                 Hust
                 .
                 holden
                 at
                 the
                 Guild-Hall
                 ,
                 or
                 for
                 default
                 of
                 Hust
                 .
                 in
                 the
                 Chamber
                 of
                 the
                 Guild-Hall
                 ,
                 in
                 the
                 Assembly
                 of
                 the
                 Mayor
                 and
                 Aldermen
                 any
                 Munday
                 ,
                 and
                 shall
                 make
                 there
                 a
                 Bill
                 ,
                 and
                 the
                 Bill
                 shall
                 be
                 such
                 ,
                 
                   viz.
                   A
                   de
                   B.
                   queritur
                   versus
                   ss
                   .
                   C.
                   de
                   D.
                   de
                   libero
                   tenemento
                   suo
                   in
                   parochia
                   de
                   E.
                   in
                   Suburb
                   .
                   London
                   .
                
                 And
                 the
                 same
                 Bill
                 shall
                 be
                 inrolled
                 ,
                 and
                 upon
                 that
                 shall
                 be
                 made
                 another
                 Bill
                 ,
                 containing
                 all
                 the
                 matter
                 of
                 the
                 first
                 Bill
                 ,
                 by
                 the
                 common
                 Clark
                 of
                 
                 the
                 City
                 ,
                 making
                 mention
                 of
                 the
                 title
                 of
                 Hust
                 .
                 or
                 of
                 the
                 day
                 of
                 the
                 Assembly
                 of
                 the
                 Mayor
                 and
                 Aldermen
                 ,
                 and
                 then
                 the
                 Bill
                 shall
                 be
                 sent
                 to
                 the
                 Sheriffs
                 ,
                 or
                 to
                 either
                 of
                 them
                 to
                 do
                 process
                 and
                 right
                 unto
                 the
                 parties
                 ,
                 and
                 then
                 although
                 the
                 Bill
                 be
                 served
                 the
                 Wednesday
                 then
                 next
                 following
                 ,
                 that
                 is
                 to
                 say
                 ,
                 the
                 Minister
                 of
                 the
                 Sheriffs
                 to
                 whom
                 the
                 Bill
                 is
                 delivered
                 ,
                 shall
                 summon
                 the
                 Tenant
                 or
                 Tenants
                 named
                 in
                 the
                 said
                 Bill
                 of
                 Assize
                 ,
                 by
                 the
                 view
                 of
                 two
                 Freemen
                 of
                 the
                 City
                 ,
                 and
                 that
                 of
                 the
                 Tenants
                 from
                 whom
                 the
                 rent
                 is
                 supposed
                 to
                 be
                 issuing
                 ,
                 and
                 then
                 it
                 shall
                 be
                 said
                 to
                 the
                 Tenants
                 ,
                 that
                 they
                 keep
                 their
                 day
                 at
                 the
                 Guild-Hall
                 the
                 Saturday
                 then
                 following
                 at
                 their
                 peril
                 ,
                 and
                 the
                 names
                 of
                 those
                 which
                 are
                 summoned
                 ,
                 shall
                 be
                 endorsed
                 upon
                 the
                 backside
                 of
                 the
                 Bill
                 ,
                 and
                 then
                 may
                 the
                 Plaintiff
                 sue
                 to
                 have
                 the
                 Assize
                 gathered
                 ,
                 and
                 the
                 Jury
                 summoned
                 against
                 such
                 Saturday
                 ,
                 or
                 against
                 other
                 Saturday
                 after
                 at
                 his
                 pleasure
                 ,
                 and
                 so
                 may
                 the
                 Tenants
                 sue
                 for
                 their
                 deliverance
                 ,
                 if
                 they
                 will
                 ,
                 and
                 such
                 summons
                 shall
                 be
                 made
                 the
                 Friday
                 before
                 the
                 said
                 Saturday
                 ,
                 and
                 the
                 Array
                 of
                 the
                 Pannels
                 of
                 the
                 Juries
                 shall
                 be
                 made
                 by
                 the
                 Sheriffs
                 or
                 their
                 Ministers
                 ,
                 
                 or
                 by
                 the
                 Mayor
                 and
                 Aldermen
                 ,
                 if
                 any
                 of
                 the
                 parties
                 upon
                 reasonable
                 cause
                 shall
                 require
                 it
                 .
                 Also
                 the
                 same
                 Assizes
                 shall
                 be
                 pleaded
                 and
                 recorded
                 for
                 the
                 greater
                 party
                 ,
                 also
                 as
                 elsewhere
                 at
                 the
                 Common
                 Law
                 ;
                 and
                 if
                 release
                 bearing
                 date
                 in
                 Forreign
                 County
                 ,
                 bastardy
                 ,
                 or
                 other
                 forreign
                 matters
                 which
                 cannot
                 be
                 tryed
                 within
                 the
                 said
                 City
                 ,
                 be
                 alledged
                 in
                 such
                 Assizes
                 ,
                 then
                 the
                 Plaintiff
                 may
                 sue
                 ,
                 and
                 cause
                 to
                 come
                 the
                 Record
                 in
                 the
                 Kings
                 Court
                 ,
                 that
                 the
                 matter
                 may
                 be
                 tryed
                 ,
                 as
                 the
                 cause
                 requireth
                 ;
                 and
                 when
                 the
                 matter
                 is
                 there
                 determined
                 ,
                 the
                 process
                 shall
                 be
                 sent
                 back
                 to
                 the
                 said
                 Sheriffs
                 and
                 Coroners
                 ,
                 or
                 to
                 their
                 Successors
                 to
                 proceed
                 forward
                 before
                 them
                 ,
                 according
                 to
                 the
                 custome
                 ,
                 &c.
                 
                 And
                 you
                 must
                 note
                 ,
                 that
                 there
                 is
                 no
                 discontinuance
                 in
                 such
                 Assizes
                 ,
                 neither
                 is
                 any
                 mention
                 made
                 in
                 the
                 Record
                 of
                 the
                 dayes
                 betwen
                 the
                 Assizes
                 taken
                 ,
                 and
                 the
                 day
                 that
                 the
                 Assize
                 shall
                 be
                 taken
                 ,
                 or
                 Judgement
                 given
                 ,
                 if
                 it
                 be
                 not
                 by
                 necessary
                 cause
                 ,
                 or
                 that
                 such
                 Assizes
                 be
                 adjourned
                 for
                 special
                 causes
                 :
                 and
                 when
                 the
                 Assizes
                 are
                 taken
                 before
                 the
                 Sheriffs
                 ,
                 and
                 Coroners
                 ,
                 as
                 before
                 is
                 said
                 and
                 Judgement
                 be
                 given
                 ,
                 then
                 shall
                 such
                 Assizes
                 determined
                 
                 be
                 entred
                 of
                 Record
                 ;
                 and
                 afterwards
                 shall
                 be
                 carried
                 into
                 the
                 Chamber
                 of
                 the
                 Guild-Hall
                 ,
                 to
                 remain
                 there
                 in
                 the
                 treasury
                 upon
                 Record
                 .
                 And
                 note
                 ,
                 that
                 no
                 man
                 may
                 enter
                 into
                 any
                 Tenements
                 within
                 the
                 said
                 City
                 by
                 force
                 ,
                 nor
                 any
                 Tenants
                 hold
                 by
                 sorce
                 and
                 armes
                 in
                 disturbance
                 of
                 the
                 peace
                 .
              
            
             
               
                 
                   De
                   Curia
                   Majoris
                
                 London
                 
                   &
                   Custumis
                   Civitatis
                   ejusdem
                   &
                   Diversis
                   Casibus
                   terminalibus
                   in
                   eadem
                   Curia
                   .
                
              
               
                 
                   Curia
                   Majoris
                
                 of
                 the
                 said
                 City
                 of
                 London
                 ,
                 is
                 holden
                 by
                 the
                 custome
                 of
                 the
                 same
                 City
                 before
                 the
                 Mayor
                 and
                 Aldermen
                 for
                 the
                 time
                 being
                 in
                 the
                 Chamber
                 of
                 the
                 Guild-Hall
                 or
                 in
                 Hust
                 .
                 and
                 that
                 from
                 day
                 to
                 day
                 ,
                 and
                 there
                 are
                 treated
                 ,
                 determined
                 and
                 discussed
                 the
                 Pleas
                 ,
                 and
                 matters
                 touching
                 Orphans
                 ,
                 Apprentices
                 ,
                 and
                 other
                 businesses
                 of
                 the
                 same
                 City
                 .
                 And
                 there
                 are
                 redressed
                 and
                 corrected
                 the
                 faults
                 and
                 contempts
                 of
                 those
                 which
                 do
                 against
                 the
                 custome
                 and
                 ordinance
                 of
                 the
                 City
                 ,
                 as
                 well
                 at
                 the
                 suit
                 of
                 the
                 parties
                 ,
                 as
                 by
                 Enquest
                 of
                 Office
                 ,
                 and
                 in
                 other
                 sort
                 by
                 suggestion
                 according
                 as
                 the
                 causes
                 require
                 ;
                 
                 and
                 there
                 they
                 use
                 to
                 justifie
                 Bakers
                 ,
                 Victuallers
                 ,
                 and
                 ,
                 Trades-men
                 ,
                 and
                 and
                 to
                 treat
                 and
                 ordain
                 for
                 the
                 Government
                 of
                 the
                 City
                 ,
                 and
                 for
                 keeping
                 the
                 Kings
                 peace
                 and
                 other
                 necessary
                 points
                 of
                 the
                 City
                 ,
                 and
                 according
                 as
                 the
                 time
                 requireth
                 .
              
               
                 Item
                 the
                 Officers
                 and
                 Ministers
                 of
                 the
                 said
                 City
                 being
                 found
                 faulty
                 ,
                 are
                 to
                 be
                 cleared
                 before
                 the
                 Mayor
                 and
                 Aldermen
                 ,
                 as
                 well
                 at
                 the
                 Suit
                 of
                 the
                 parties
                 by
                 Process
                 made
                 ,
                 as
                 otherwise
                 ,
                 according
                 to
                 the
                 discretion
                 of
                 the
                 said
                 Mayor
                 and
                 Aldermen
                 .
              
               
                 Item
                 ,
                 the
                 said
                 Mayor
                 and
                 Aldermen
                 use
                 there
                 to
                 hold
                 ,
                 and
                 determine
                 Pleas
                 of
                 Debt
                 and
                 other
                 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
                 open●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
                 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
                 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
                 co●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
                 ●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
                 Co●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.
                 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
                   Arms
                   against
                   the
                   King
                   ;
                   And
                   that
                   I
                   do
                   abhor
                   that
                   traiterous
                   Position
                   ,
                   of
                   taking
                   Arms
                   by
                   his
                   Authority
                   against
                   his
                   person
                   ,
                   or
                   against
                   those
                   that
                   are
                   Commissioned
                   by
                   him
                   .
                
                 So
                 help
                 me
                 God.
                 
              
               
                 And
                 farther
                 ,
                 that
                 you
                 likewise
                 Administer
                 to
                 the
                 same
                 persons
                 that
                 shall
                 be
                 so
                 elected
                 of
                 the
                 Common
                 Council
                 ,
                 to
                 be
                 by
                 them
                 subscribed
                 ,
                 the
                 ensuing
                 Declaration
                 .
              
            
             
               
               
                 I.
                 A.
                 B.
                 
                   Do
                   declare
                   ,
                   that
                   I
                   hold
                   there
                   is
                   no
                   Obligation
                   upon
                   me
                   or
                   any
                   other
                   person
                   from
                   the
                   Oath
                   commonly
                   called
                   the
                   solemn
                   League
                   and
                   Covenant
                   .
                   And
                   that
                   the
                   same
                   was
                   in
                   it self
                   an
                   unlawful
                   Oath
                   ,
                   and
                   imposed
                   upon
                   the
                   Subjects
                   of
                   this
                   Realm
                   against
                   the
                   known
                   Laws
                   and
                   Liberties
                   of
                   the
                   Kingdome
                   .
                
              
               
                 For
                 that
                 otherwise
                 ,
                 if
                 the
                 said
                 persons
                 ,
                 or
                 any
                 of
                 them
                 ,
                 that
                 shall
                 be
                 elected
                 as
                 aforesaid
                 of
                 the
                 Common
                 Council
                 shall
                 not
                 take
                 the
                 said
                 Oaths
                 ,
                 and
                 subscribe
                 the
                 said
                 Declaration
                 ,
                 their
                 Election
                 and
                 choice
                 is
                 by
                 the
                 late
                 Act
                 of
                 Parliament
                 ,
                 for
                 the
                 governing
                 and
                 regulating
                 of
                 Corporations
                 ,
                 enacted
                 and
                 declared
                 to
                 be
                 void
                 .
              
               
                 6.
                 
                 And
                 that
                 also
                 in
                 the
                 said
                 Wardmote
                 ,
                 you
                 cause
                 to
                 be
                 chosen
                 certain
                 
                 other
                 honest
                 persons
                 to
                 be
                 Constables
                 ,
                 and
                 Scavengers
                 ,
                 and
                 a
                 Common
                 Beadle
                 ,
                 and
                 a
                 Raker
                 to
                 make
                 clean
                 the
                 Streets
                 and
                 Lanes
                 of
                 all
                 your
                 said
                 Ward
                 ,
                 according
                 to
                 the
                 custome
                 yearly
                 used
                 in
                 that
                 behalf
                 ,
                 which
                 Constables
                 have
                 ,
                 and
                 shall
                 
                 have
                 ful
                 power
                 and
                 authority
                 to
                 distrein
                 for
                 the
                 Sallery
                 and
                 Quarterage
                 of
                 the
                 said
                 Beadle
                 and
                 Raker
                 ,
                 as
                 oftentimes
                 as
                 it
                 shall
                 be
                 behind
                 unpaid
                 .
              
               
                 7.
                 
                 Also
                 ,
                 that
                 you
                 keep
                 a
                 Roll
                 of
                 the
                 Names
                 ,
                 Sur-names
                 ,
                 Dweling-places
                 ,
                 
                 Professions
                 and
                 Trades
                 of
                 all
                 persons
                 dwelling
                 within
                 your
                 Ward
                 ,
                 and
                 within
                 what
                 Constables
                 Precinct
                 they
                 dwell
                 ,
                 wherein
                 the
                 place
                 is
                 to
                 be
                 specially
                 noted
                 by
                 the
                 Street
                 ,
                 Lane
                 ,
                 Alley
                 ,
                 or
                 Sign
                 .
              
               
                 8.
                 
                 Also
                 that
                 you
                 cause
                 every
                 Constable
                 
                 from
                 time
                 to
                 time
                 to
                 certifie
                 unto
                 you
                 ,
                 the
                 Name
                 ,
                 Sur-name
                 ,
                 Dwelling-place
                 ,
                 Profession
                 ,
                 and
                 Trade
                 of
                 every
                 person
                 who
                 shall
                 newly
                 come
                 to
                 dwell
                 within
                 his
                 Precinct
                 ,
                 whereby
                 you
                 may
                 make
                 and
                 keep
                 your
                 Roll
                 perfect
                 :
                 and
                 that
                 you
                 cause
                 every
                 Constable
                 for
                 his
                 Precinct
                 to
                 that
                 purpose
                 to
                 make
                 and
                 keep
                 a
                 perfect
                 Roll
                 in
                 like
                 manner
                 .
              
               
                 9.
                 
                 Also
                 ,
                 that
                 you
                 give
                 special
                 charge
                 ,
                 
                 that
                 every
                 Inholder
                 ,
                 and
                 other
                 person
                 within
                 your
                 Ward
                 ,
                 who
                 shall
                 receive
                 any
                 person
                 to
                 lodge
                 or
                 sojourn
                 in
                 his
                 House
                 above
                 two
                 dayes
                 ,
                 shall
                 before
                 the
                 third
                 day
                 after
                 his
                 coming
                 thither
                 ,
                 give
                 knowledge
                 to
                 the
                 Constable
                 of
                 the
                 
                 Precinct
                 where
                 he
                 shall
                 be
                 so
                 received
                 ,
                 of
                 the
                 Name
                 ,
                 Sur-name
                 ,
                 Dwelling-place
                 ,
                 Profession
                 ,
                 and
                 Trade
                 of
                 life
                 ,
                 or
                 place
                 of
                 Service
                 of
                 such
                 person
                 ,
                 and
                 for
                 what
                 cause
                 he
                 shall
                 come
                 to
                 reside
                 there
                 :
                 and
                 that
                 the
                 said
                 Constable
                 give
                 present
                 notice
                 thereof
                 to
                 you
                 :
                 and
                 that
                 the
                 said
                 Inholder
                 lodge
                 no
                 suspected
                 person
                 ,
                 or
                 Men
                 or
                 Women
                 of
                 evil
                 name
                 .
              
               
                 10.
                 
                 Also
                 that
                 you
                 cause
                 every
                 Constable
                 
                 within
                 his
                 Precinct
                 ,
                 once
                 every
                 Month
                 at
                 the
                 farthest
                 ,
                 and
                 oftner
                 if
                 need
                 require
                 ,
                 to
                 make
                 diligent
                 search
                 and
                 inquiry
                 ,
                 what
                 persons
                 be
                 newly
                 come
                 into
                 his
                 Precinct
                 to
                 dwell
                 ,
                 sojourn
                 ,
                 or
                 lodge
                 :
                 and
                 that
                 you
                 give
                 special
                 charge
                 that
                 no
                 Inholder
                 or
                 other
                 person
                 ,
                 shall
                 resist
                 or
                 deny
                 any
                 Constable
                 ,
                 in
                 making
                 such
                 search
                 or
                 inquiry
                 ,
                 but
                 shall
                 do
                 his
                 best
                 endeavour
                 to
                 aid
                 and
                 assist
                 him
                 therein
                 .
              
               
                 11.
                 
                 And
                 for
                 that
                 of
                 late
                 there
                 is
                 
                 more
                 resort
                 to
                 the
                 City
                 ,
                 of
                 persons
                 evil
                 affected
                 in
                 Religion
                 ,
                 and
                 otherwise
                 than
                 in
                 former
                 times
                 have
                 been
                 :
                 You
                 shall
                 diligently
                 inquire
                 if
                 any
                 man
                 be
                 received
                 to
                 dwell
                 or
                 abide
                 within
                 your
                 Ward
                 by
                 the
                 space
                 of
                 one
                 year
                 ,
                 being
                 
                 above
                 the
                 age
                 of
                 twelve
                 years
                 ,
                 and
                 not
                 sworn
                 to
                 be
                 faithfull
                 and
                 loyal
                 to
                 the
                 Kings
                 Majesty
                 ,
                 in
                 such
                 sort
                 as
                 by
                 the
                 Law
                 and
                 Custom
                 of
                 the
                 City
                 he
                 ought
                 to
                 be
                 .
              
               
                 12.
                 
                 To
                 all
                 these
                 purposes
                 the
                 Beadle
                 of
                 every
                 Ward
                 shall
                 imploy
                 his
                 diligence
                 ,
                 
                 and
                 give
                 his
                 best
                 furtherance
                 .
              
               
                 13.
                 
                 Also
                 that
                 you
                 have
                 special
                 regard
                 that
                 from
                 time
                 to
                 time
                 ,
                 there
                 be
                 
                 convenient
                 provision
                 for
                 Hooks
                 ,
                 Ladders
                 ,
                 and
                 Buckets
                 ,
                 in
                 meet
                 places
                 within
                 the
                 several
                 Parishes
                 of
                 your
                 Ward
                 ,
                 for
                 avoiding
                 the
                 peril
                 of
                 Fire
                 .
              
               
                 14.
                 
                 Also
                 that
                 the
                 Streets
                 and
                 Lanes
                 of
                 this
                 City
                 be
                 from
                 time
                 to
                 time
                 kept
                 
                 clean
                 before
                 every
                 Church
                 ,
                 House
                 ,
                 Shop
                 ,
                 Ware-house
                 ,
                 Door
                 ,
                 dead
                 Wall
                 ,
                 and
                 in
                 all
                 other
                 common
                 passages
                 and
                 Streets
                 of
                 the
                 said
                 Ward
                 .
              
               
                 15.
                 
                 And
                 where
                 by
                 divers
                 Acts
                 of
                 Common-Councel
                 ,
                 aforetime
                 made
                 
                 and
                 established
                 for
                 the
                 Common-weal
                 of
                 this
                 City
                 ,
                 amongst
                 other
                 things
                 it
                 is
                 ordained
                 and
                 enacted
                 ,
                 as
                 hereafter
                 ensueth
                 .
              
               
                 Also
                 it
                 is
                 Ordained
                 and
                 Enacted
                 ,
                 That
                 from
                 henceforth
                 no
                 Huckster
                 of
                 Ale
                 or
                 Beer
                 ,
                 be
                 within
                 any
                 Ward
                 of
                 the
                 City
                 of
                 London
                 ,
                 but
                 honest
                 persons
                 ,
                 and
                 of
                 good
                 name
                 and
                 fame
                 ,
                 and
                 so
                 taken
                 and
                 
                 admitted
                 by
                 the
                 Alderman
                 of
                 the
                 Ward
                 for
                 the
                 time
                 being
                 ,
                 &
                 that
                 the
                 same
                 Hucksters
                 do
                 find
                 sufficient
                 Surety
                 afore
                 the
                 Maior
                 and
                 Alderm
                 .
                 for
                 the
                 time
                 being
                 ,
                 to
                 be
                 of
                 good
                 guiding
                 and
                 Rule
                 :
                 and
                 that
                 the
                 same
                 hucksters
                 shall
                 keep
                 no
                 bawdry
                 ,
                 nor
                 suffer
                 no
                 Lechery
                 ,
                 Dice-playing
                 ,
                 Carding
                 ,
                 or
                 any
                 other
                 unlawfull
                 games
                 ,
                 to
                 be
                 done
                 ,
                 exercised
                 ,
                 or
                 used
                 within
                 their
                 Houses
                 :
                 and
                 to
                 shut
                 in
                 their
                 Doors
                 at
                 nine
                 of
                 the
                 Clock
                 in
                 the
                 night
                 from
                 Michaelmass
                 to
                 Easter
                 ,
                 and
                 from
                 Easter
                 to
                 Michaelmass
                 at
                 ten
                 of
                 the
                 Clock
                 in
                 the
                 night
                 ,
                 and
                 after
                 that
                 hour
                 sell
                 none
                 Ale
                 or
                 Beer
                 .
                 And
                 if
                 any
                 Huckster
                 of
                 Beer
                 or
                 Ale
                 after
                 this
                 Act
                 published
                 and
                 Proclaimed
                 ,
                 sell
                 any
                 Ale
                 or
                 Beer
                 within
                 any
                 Ward
                 of
                 the
                 City
                 of
                 London
                 ,
                 and
                 be
                 not
                 admitted
                 by
                 the
                 Alderman
                 of
                 the
                 same
                 VVard
                 so
                 to
                 do
                 ,
                 or
                 find
                 not
                 sufficient
                 surety
                 as
                 it
                 is
                 above
                 rehearsed
                 ,
                 the
                 same
                 Huckster
                 to
                 have
                 Imprisonment
                 ,
                 and
                 make
                 fine
                 and
                 ransome
                 for
                 his
                 contempt
                 ,
                 after
                 the
                 discretion
                 of
                 the
                 Mayor
                 and
                 Aldermen
                 :
                 and
                 also
                 that
                 the
                 said
                 Hucksters
                 suffer
                 no
                 manner
                 of
                 common
                 eating
                 and
                 drinking
                 within
                 their
                 Cellers
                 or
                 Vaults
                 contrary
                 to
                 the
                 ordinance
                 thereof
                 ordained
                 and
                 
                 provided
                 ,
                 as
                 in
                 the
                 said
                 Act
                 more
                 plainly
                 appeareth
                 at
                 large
                 :
                 we
                 charge
                 you
                 that
                 you
                 do
                 put
                 the
                 same
                 in
                 due
                 execution
                 accordingly
                 .
              
               
                 16.
                 
                 And
                 also
                 that
                 ye
                 see
                 all
                 Tiplers
                 and
                 other
                 Cellars
                 of
                 Ale
                 or
                 Beer
                 ,
                 as
                 well
                 
                 of
                 privy
                 Osteries
                 ,
                 as
                 Brewers
                 and
                 Inholders
                 within
                 your
                 Ward
                 ,
                 not
                 selling
                 by
                 lawful
                 measures
                 sealed
                 and
                 marked
                 with
                 the
                 City
                 Arms
                 or
                 Dagger
                 be
                 presented
                 ,
                 and
                 their
                 Names
                 in
                 your
                 said
                 Indentures
                 be
                 expressed
                 ,
                 with
                 defaults
                 ,
                 so
                 that
                 the
                 Chamberlain
                 may
                 be
                 lawfully
                 answered
                 of
                 their
                 Amerciaments
                 .
              
               
                 17.
                 
                 And
                 also
                 that
                 you
                 suffer
                 no
                 Alien
                 or
                 Son
                 of
                 any
                 born
                 an
                 Alien
                 to
                 be
                 of
                 the
                 
                 Common
                 Councel
                 ,
                 nor
                 to
                 exercise
                 or
                 use
                 any
                 other
                 office
                 within
                 this
                 City
                 ,
                 nor
                 receive
                 or
                 accept
                 any
                 person
                 into
                 your
                 Watch
                 ,
                 privy
                 or
                 open
                 ,
                 but
                 Englishmen
                 born
                 :
                 and
                 if
                 any
                 Stranger
                 born
                 out
                 of
                 this
                 Realm
                 ,
                 made
                 Denizen
                 by
                 the
                 Kings
                 Letters
                 Patents
                 ,
                 or
                 any
                 other
                 after
                 his
                 course
                 and
                 lot
                 be
                 appointed
                 to
                 any
                 Watch
                 ,
                 that
                 then
                 ye
                 command
                 and
                 compel
                 him
                 or
                 them
                 to
                 find
                 in
                 his
                 stead
                 and
                 place
                 one
                 Englishman
                 to
                 supply
                 the
                 same
                 .
              
               
                 18.
                 
                 And
                 also
                 ,
                 that
                 you
                 cause
                 an
                 abstract
                 
                 of
                 the
                 Assize
                 appointed
                 by
                 Act
                 of
                 Parliament
                 ,
                 for
                 Billets
                 and
                 other
                 Fire-wood
                 to
                 be
                 fair
                 written
                 in
                 Parchment
                 ,
                 and
                 to
                 be
                 fixed
                 or
                 hanged
                 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
                 Tave●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
                 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
                 o●
                 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
                 Wa●
                 for
                 the
                 time
                 being
                 ,
                 and
                 that
                 the
                 Land
                 lo●
                 that
                 letteth
                 the
                 house
                 or
                 his
                 Attorney
                 shall
                 be
                 also
                 warned
                 to
                 make
                 them
                 ●●
                 avoid
                 out
                 of
                 his
                 house
                 aforesaid
                 ,
                 with
                 the
                 said
                 time
                 limited
                 by
                 the
                 Alderman
                 and
                 if
                 they
                 be
                 sou●
                 there
                 after
                 the
                 tim●
                 that
                 then
                 not
                 only
                 the
                 said
                 dishone●●
                 persons
                 shall
                 have
                 imprisonment
                 of
                 the
                 bodies
                 after
                 the
                 discretion
                 of
                 the
                 Mayo●
                 and
                 Aldermen
                 ,
                 but
                 also
                 the
                 said
                 Land
                 lords
                 ,
                 Letters
                 of
                 the
                 said
                 houses
                 ,
                 shal●
                 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
                 ,
                 ●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
                 Purprest●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
                 ,
                 o●
                 in
                 any
                 other
                 like
                 within
                 the
                 Ward
                 ,
                 o●
                 if
                 any
                 Porch
                 ,
                 Penthouse
                 or
                 Jetty
                 be
                 to●
                 low
                 ,
                 in
                 letting
                 of
                 men
                 that
                 ride
                 beside
                 or
                 Carts
                 that
                 go
                 thede
                 forth
                 .
              
               
                 25.
                 
                 Also
                 ,
                 that
                 Penthouses
                 and
                 Je●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
                 ,
                 Talwood
                 ,
                 Faggot
                 ,
                 Tosard
                 ,
                 or
                 other
                 Firewood
                 ,
                 and
                 convey
                 the
                 same
                 by
                 Water
                 unto
                 this
                 City
                 ,
                 and
                 there
                 lay
                 it
                 upon
                 their
                 Wharfs
                 and
                 other
                 places
                 ,
                 and
                 so
                 keep
                 it
                 till
                 they
                 may
                 sell
                 it
                 at
                 high
                 and
                 excessive
                 prizes
                 ,
                 at
                 their
                 own
                 wills
                 .
              
               
                 42.
                 
                 Also
                 ,
                 if
                 any
                 Woodmonger
                 ,
                 or
                 any
                 other
                 ;
                 sell
                 any
                 Billets
                 or
                 other
                 fire-wood
                 above
                 the
                 price
                 set
                 by
                 the
                 Lord
                 Mayor
                 .
              
               
                 43.
                 
                 Also
                 ,
                 if
                 any
                 Citizen
                 of
                 this
                 City
                 
                 by
                 himself
                 ,
                 or
                 any
                 other
                 person
                 for
                 him
                 ,
                 or
                 to
                 his
                 use
                 ,
                 use
                 to
                 resort
                 into
                 the
                 Country
                 ,
                 and
                 there
                 buy
                 and
                 ingross
                 greav
                 quantity
                 of
                 Cheese
                 and
                 Butter
                 at
                 
                 wellbarrelled
                 as
                 otherwise
                 ,
                 and
                 after
                 conveigh
                 it
                 by
                 Water
                 or
                 otherwise
                 to
                 this
                 City
                 to
                 be
                 sold
                 at
                 deer
                 and
                 excessive
                 prizes
                 .
              
               
                 44.
                 
                 Also
                 ,
                 forasmuch
                 as
                 it
                 is
                 thought
                 
                 that
                 divers
                 and
                 many
                 persons
                 dwelling
                 within
                 the
                 Liberties
                 of
                 this
                 City
                 ,
                 dayly
                 occupy
                 as
                 Freemen
                 ,
                 whereas
                 indeed
                 they
                 be
                 none
                 ,
                 nor
                 never
                 were
                 admitted
                 into
                 the
                 Liberties
                 of
                 this
                 City
                 ,
                 ye
                 shall
                 therefore
                 require
                 every
                 such
                 person
                 dwelling
                 within
                 this
                 Ward
                 ,
                 whom
                 ye
                 shall
                 suspect
                 of
                 the
                 same
                 ,
                 to
                 shew
                 you
                 the
                 Copy
                 of
                 his
                 Freedome
                 under
                 the
                 Seal
                 of
                 Office
                 of
                 the
                 Chamberlain
                 of
                 the
                 said
                 City
                 ,
                 and
                 such
                 as
                 ye
                 shall
                 find
                 without
                 their
                 Copies
                 ,
                 or
                 deny
                 to
                 shew
                 their
                 Copies
                 ,
                 ye
                 shall
                 write
                 and
                 present
                 their
                 Names
                 in
                 your
                 Indentures
                 .
              
               
                 45.
                 
                 Also
                 ,
                 you
                 shall
                 inquire
                 and
                 truly
                 
                 present
                 all
                 such
                 persons
                 as
                 use
                 melting
                 of
                 Tallow
                 ,
                 contrary
                 to
                 an
                 Act
                 of
                 Common
                 Councel
                 in
                 that
                 case
                 made
                 and
                 provided
                 .
              
               
                 46.
                 
                 Also
                 ,
                 you
                 shall
                 inquire
                 of
                 all
                 Armorers
                 and
                 other
                 Artificers
                 using
                 to
                 work
                 in
                 mettal
                 ,
                 which
                 have
                 or
                 use
                 any
                 Reardorses
                 ,
                 or
                 any
                 other
                 places
                 dangerous
                 or
                 perillous
                 for
                 Fire
                 .
              
               
               
                 47.
                 
                 Also
                 ,
                 if
                 any
                 have
                 appraised
                 any
                 
                 Goods
                 of
                 any
                 Freeman
                 deceased
                 ,
                 leaving
                 behind
                 him
                 any
                 Orphan
                 or
                 Orphans
                 ,
                 and
                 the
                 Appraisers
                 not
                 sworn
                 before
                 the
                 Lord
                 Mayor
                 or
                 the
                 Alderman
                 of
                 the
                 Ward
                 .
              
               
                 48.
                 
                 Also
                 ,
                 if
                 any
                 Freeman
                 buy
                 any
                 Wares
                 or
                 Merchandizes
                 unweighed
                 ,
                 
                 which
                 ought
                 to
                 be
                 weighed
                 at
                 the
                 Kings
                 Beam
                 ,
                 of
                 any
                 Stranger
                 or
                 Forreign
                 free
                 of
                 the
                 Liberties
                 of
                 this
                 City
                 ,
                 contrary
                 to
                 the
                 Act
                 of
                 Common
                 Councel
                 in
                 that
                 case
                 made
                 and
                 provided
                 .
              
               
                 49.
                 
                 Also
                 ,
                 if
                 any
                 buy
                 and
                 sell
                 any
                 
                 Cloth
                 or
                 Clothes
                 in
                 the
                 House
                 ,
                 Shop
                 ,
                 Ware-house
                 ,
                 or
                 other
                 place
                 of
                 any
                 Clothworker
                 or
                 other
                 person
                 against
                 any
                 ordinance
                 or
                 custome
                 of
                 this
                 City
                 ,
                 or
                 if
                 any
                 Clothworker
                 or
                 other
                 do
                 receive
                 or
                 harbour
                 any
                 Clothes
                 before
                 the
                 same
                 be
                 brought
                 to
                 Blackwell-Hall
                 ,
                 contrary
                 to
                 the
                 ordinance
                 made
                 in
                 that
                 behalf
                 .
              
               
                 50.
                 
                 Also
                 ,
                 if
                 any
                 Carman
                 take
                 any
                 
                 money
                 for
                 carriage
                 of
                 any
                 Goods
                 ,
                 Wares
                 ,
                 or
                 Merchandizes
                 ,
                 above
                 the
                 rates
                 ordained
                 .
              
               
                 51.
                 
                 Also
                 ,
                 if
                 any
                 make
                 or
                 cause
                 to
                 be
                 
                 made
                 any
                 new
                 Building
                 or
                 Buildings
                 
                 or
                 divided
                 or
                 cause
                 to
                 be
                 divided
                 any
                 house
                 or
                 houses
                 ,
                 or
                 receive
                 any
                 Inmate
                 or
                 Inmates
                 ,
                 contrary
                 to
                 Law
                 ,
                 or
                 any
                 Statute
                 of
                 this
                 Realm
                 .
              
               
                 52.
                 
                 Also
                 ,
                 if
                 any
                 be
                 dwelling
                 within
                 
                 this
                 Ward
                 ,
                 which
                 do
                 offer
                 or
                 put
                 to
                 sale
                 any
                 Wares
                 or
                 Merchandizes
                 in
                 the
                 open
                 Streets
                 or
                 Lanes
                 of
                 this
                 City
                 ,
                 or
                 go
                 from
                 house
                 to
                 house
                 to
                 sell
                 the
                 same
                 ,
                 commonly
                 called
                 Hawkers
                 contrary
                 to
                 an
                 Act
                 made
                 in
                 that
                 behalf
                 .
              
               
                 53.
                 
                 Also
                 ,
                 if
                 any
                 have
                 covenously
                 ,
                 fraudulently
                 ,
                 or
                 unduely
                 obtained
                 the
                 
                 freedome
                 of
                 this
                 City
                 .
              
               
                 54.
                 
                 Also
                 ,
                 if
                 any
                 Collector
                 of
                 Fifteens
                 
                 or
                 other
                 duties
                 for
                 the
                 publike
                 service
                 of
                 the
                 King
                 or
                 of
                 this
                 City
                 ,
                 do
                 retain
                 in
                 his
                 hands
                 any
                 part
                 of
                 the
                 money
                 collected
                 to
                 his
                 own
                 use
                 .
              
               
                 55.
                 
                 Ye
                 shall
                 also
                 enquire
                 if
                 there
                 be
                 
                 dwelling
                 within
                 your
                 Ward
                 any
                 Woman
                 broker
                 ,
                 such
                 as
                 resort
                 unto
                 mens
                 houses
                 ,
                 demanding
                 of
                 their
                 Maid
                 servants
                 if
                 they
                 do
                 like
                 of
                 their
                 services
                 :
                 if
                 not
                 ,
                 then
                 they
                 will
                 tell
                 them
                 that
                 they
                 will
                 help
                 them
                 to
                 a
                 better
                 service
                 ,
                 and
                 so
                 allure
                 them
                 to
                 come
                 from
                 their
                 Masters
                 to
                 their
                 houses
                 ,
                 where
                 they
                 abide
                 as
                 boorders
                 until
                 they
                 be
                 provided
                 for
                 .
                 In
                 
                 which
                 time
                 it
                 falleth
                 out
                 that
                 by
                 lewd
                 young
                 men
                 that
                 resort
                 to
                 those
                 houses
                 they
                 be
                 oftentimes
                 made
                 Harlots
                 to
                 their
                 utter
                 undoing
                 and
                 the
                 great
                 hurt
                 of
                 the
                 Common
                 wealth
                 :
                 wherefore
                 if
                 any
                 such
                 be
                 ,
                 you
                 shall
                 present
                 them
                 ,
                 that
                 order
                 may
                 be
                 taken
                 for
                 reformation
                 .
              
               
                 56.
                 
                 Also
                 ,
                 if
                 any
                 have
                 or
                 use
                 any
                 common
                 
                 Privy
                 ,
                 having
                 lssne
                 into
                 any
                 common
                 Sewer
                 of
                 the
                 City
                 .
              
               
                 57.
                 
                 Also
                 ,
                 if
                 any
                 Constable
                 ,
                 Beadle
                 ,
                 
                 or
                 other
                 Officer
                 ,
                 be
                 negligent
                 or
                 remiss
                 in
                 discharging
                 his
                 duty
                 ,
                 touching
                 the
                 Execution
                 of
                 the
                 Statute
                 made
                 for
                 punishment
                 of
                 Rogues
                 ,
                 Vagabons
                 ,
                 and
                 study
                 Beggars
                 ,
                 or
                 otherwise
                 ,
                 and
                 wherein
                 the
                 default
                 is
                 ,
                 and
                 the
                 Statute
                 of
                 1.
                 4.
                 and
                 21.
                 
                 Iae.
                 concerning
                 the
                 restraint
                 of
                 inordinate
                 haunting
                 and
                 tipling
                 in
                 Innes
                 and
                 Alehouses
                 ,
                 and
                 repressing
                 of
                 drunkeness
                 and
                 other
                 offences
                 in
                 the
                 same
                 Statute
                 ,
                 and
                 wherein
                 the
                 default
                 is
                 .
              
               
                 58.
                 
                 Also
                 ,
                 if
                 any
                 to
                 whom
                 the
                 Execution
                 
                 of
                 the
                 Statute
                 made
                 for
                 relief
                 of
                 the
                 Poor
                 doth
                 appertain
                 .
                 he
                 remiss
                 in
                 discharging
                 his
                 duty
                 touching
                 the
                 Execution
                 of
                 the
                 same
                 Statute
                 ,
                 and
                 wherein
                 default
                 is
                 .
              
               
               
                 59.
                 
                 Also
                 ,
                 if
                 any
                 Executor
                 or
                 other
                 
                 person
                 retain
                 in
                 his
                 hands
                 any
                 Legacy
                 ,
                 sum
                 of
                 money
                 ,
                 or
                 other
                 thing
                 given
                 to
                 any
                 charitable
                 use
                 .
              
               
                 60.
                 
                 Ye
                 shall
                 inquire
                 whether
                 there
                 
                 be
                 within
                 your
                 Ward
                 any
                 common
                 Drunkard
                 ,
                 Whoremonger
                 ,
                 Blasphemer
                 of
                 Gods
                 holy
                 Name
                 ,
                 Prophaner
                 of
                 the
                 Sabbath
                 ,
                 Jesuite
                 ,
                 Seminary
                 or
                 Secular
                 Priest
                 or
                 any
                 Receiver
                 ,
                 Releiver
                 or
                 Maintainer
                 of
                 any
                 of
                 them
                 ,
                 or
                 any
                 Popish
                 Recusant
                 ,
                 Cozener
                 ,
                 or
                 swaggering
                 idle
                 companion
                 ,
                 such
                 as
                 cannot
                 give
                 account
                 how
                 they
                 live
                 ;
                 if
                 there
                 be
                 any
                 such
                 you
                 shall
                 present
                 them
                 and
                 the
                 Names
                 of
                 those
                 that
                 lodge
                 them
                 ,
                 or
                 aid
                 them
                 .
              
               
                 61.
                 
                 Ye
                 shall
                 also
                 enquire
                 ,
                 whether
                 
                 any
                 person
                 or
                 persons
                 do
                 or
                 shall
                 say
                 or
                 sing
                 Mass
                 within
                 your
                 Ward
                 ,
                 or
                 be
                 present
                 at
                 any
                 Mass
                 .
              
               
                 62.
                 
                 Also
                 ,
                 if
                 any
                 person
                 or
                 persons
                 within
                 your
                 Ward
                 being
                 evil
                 affected
                 ,
                 
                 do
                 or
                 shall
                 extol
                 the
                 Roman
                 Catholick
                 Religion
                 above
                 the
                 Religion
                 professed
                 and
                 established
                 by
                 the
                 Kings
                 Majesties
                 Authority
                 in
                 England
                 ,
                 or
                 do
                 or
                 shall
                 deprave
                 the
                 Religion
                 now
                 professed
                 in
                 this
                 Realm
                 by
                 Authority
                 ,
                 as
                 above
                 ,
                 
                 which
                 may
                 breed
                 discord
                 in
                 the
                 City
                 ,
                 and
                 dissention
                 in
                 the
                 Common
                 wealth
                 ,
                 ye
                 shall
                 carefully
                 present
                 the
                 same
                 persons
                 and
                 their
                 offences
                 .
              
               
                 63.
                 
                 Also
                 ,
                 if
                 any
                 person
                 or
                 persons
                 that
                 keepeth
                 Horses
                 in
                 their
                 houses
                 ,
                 do
                 lay
                 his
                 or
                 their
                 Stable
                 Dung
                 ,
                 or
                 such
                 kind
                 of
                 stinking
                 filth
                 in
                 any
                 Streets
                 or
                 Lanes
                 of
                 this
                 City
                 ,
                 to
                 the
                 great
                 annoyance
                 of
                 the
                 people
                 passing
                 that
                 way
                 and
                 do
                 not
                 lead
                 his
                 Dung
                 Cart
                 at
                 his
                 Stable
                 door
                 as
                 he
                 ought
                 to
                 do
                 .
              
               
                 64.
                 
                 You
                 shall
                 assemble
                 your selves
                 
                 once
                 every
                 moneth
                 or
                 oftner
                 if
                 need
                 require
                 ,
                 so
                 long
                 as
                 you
                 shall
                 continue
                 of
                 this
                 Inquest
                 ,
                 and
                 present
                 the
                 defaults
                 which
                 you
                 shall
                 find
                 to
                 be
                 committed
                 concerning
                 any
                 of
                 the
                 Articles
                 of
                 your
                 charge
                 ,
                 to
                 the
                 end
                 due
                 remedy
                 may
                 be
                 speedily
                 supplied
                 ,
                 and
                 the
                 offenders
                 punished
                 as
                 occasion
                 shall
                 require
                 .
              
               
                 65.
                 
                 And
                 in
                 making
                 your
                 Presentments
                 ,
                 your
                 Clerk
                 is
                 carefully
                 to
                 write
                 
                 the
                 Christian
                 Name
                 ,
                 Sur-name
                 and
                 addition
                 ,
                 or
                 calling
                 of
                 every
                 offender
                 ,
                 and
                 the
                 name
                 of
                 the
                 Parish
                 wherein
                 the
                 Offence
                 was
                 committed
                 and
                 some
                 certain
                 ,
                 time
                 ,
                 how
                 long
                 the
                 offence
                 hath
                 been
                 continued
                 
                 and
                 in
                 presenting
                 any
                 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
                 o●
                 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
                 miso●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
                   obedient
                   ye
                   shall
                   be
                   to
                   the
                   Mayor
                   and
                   Ministers
                   of
                   this
                   City
                   ,
                   the
                   Franchises
                   and
                   Customes
                   thereof
                   ye
                   shall
                   maintain
                   ,
                   and
                   this
                   City
                   keep
                   harmless
                   in
                   that
                   which
                   in
                   you
                   is
                   .
                   Ye
                   shall
                   be
                   contributory
                   to
                   all
                   manner
                   of
                   charges
                   within
                   this
                   City
                   ,
                   as
                   Summons
                   ,
                   Watches
                   ,
                   Contibutrions
                   ,
                   Taxes
                   ,
                   Tallages
                   ,
                   Lot
                   and
                   Scot
                   ,
                   and
                   to
                   all
                   other
                   charges
                   bearing
                   your
                   part
                   as
                   a
                   Freeman
                   ought
                   to
                   do
                   .
                   Ye
                   shall
                   colour
                   no
                   Forraign
                   Goods
                   ,
                   under
                   ,
                   or
                   in
                   your
                   name
                   ,
                   whereby
                   the
                   King
                   or
                   this
                   City
                   might
                   or
                   may
                   lose
                   their
                   Customes
                   or
                   Advantages
                   .
                   Ye
                   shall
                   know
                   no
                   Forraigner
                   to
                   buy
                   and
                   sell
                   any
                   Merchandize
                   with
                   any
                   other
                   Forraigner
                   within
                   this
                   City
                   or
                   Franchise
                   thereof
                   ,
                   but
                   ye
                   shall
                   warn
                   the
                   Chamberlain
                   thereof
                   ,
                   or
                   some
                   Minister
                   of
                   the
                   Chamber
                   ,
                   Ye
                   shall
                   implead
                   
                   or
                   sue
                   no
                   Freeman
                   out
                   of
                   this
                   City
                   ,
                   whiles
                   ye
                   may
                   have
                   Right
                   and
                   Law
                   within
                   the
                   same
                   City
                   .
                   Ye
                   shall
                   take
                   none
                   Apprentice
                   ,
                   but
                   if
                   he
                   be
                   free
                   born
                   (
                   that
                   is
                   to
                   say
                   )
                   no
                   Bond-mans
                   Son
                   ,
                   nor
                   the
                   Son
                   of
                   any
                   Alien
                   ,
                   and
                   for
                   no
                   less
                   term
                   then
                   for
                   seven
                   years
                   ,
                   without
                   Fraud
                   or
                   Deceit
                   :
                   and
                   within
                   the
                   first
                   year
                   ye
                   shall
                   cause
                   him
                   to
                   be
                   enrolled
                   ,
                   or
                   else
                   pay
                   such
                   a
                   Fine
                   as
                   shall
                   be
                   reasonably
                   imposed
                   upon
                   you
                   for
                   omitting
                   the
                   same
                   :
                   and
                   after
                   his
                   terms
                   end
                   ,
                   within
                   convenient
                   times
                   (
                   being
                   required
                   )
                   ye
                   shall
                   make
                   him
                   Free
                   of
                   this
                   City
                   ,
                   if
                   he
                   have
                   well
                   and
                   truly
                   served
                   you
                   .
                   Ye
                   shall
                   keep
                   the
                   Kings
                   Peace
                   in
                   your
                   own
                   person
                   .
                   Ye
                   shall
                   know
                   no
                   Gatherings
                   ,
                   Conventicles
                   ,
                   or
                   Conspiracies
                   made
                   against
                   the
                   Kings
                   Peace
                   ,
                   but
                   ye
                   shall
                   warn
                   the
                   Mayor
                   thereof
                   ,
                   or
                   let
                   it
                   to
                   your
                   power
                   .
                   All
                   these
                   points
                   and
                   Articles
                   ye
                   shall
                   well
                   and
                   truely
                   keep
                   ,
                   according
                   to
                   the
                   Laws
                   and
                   Customes
                   of
                   this
                   City
                   to
                   your
                   power
                   .
                
                 So
                 God
                 you
                 help
                 .
              
               
                 God
                 save
                 the
                 King.
                 
              
            
             
               
               
                 
                   An
                   Act
                   of
                   Common
                   Councel
                
                 1.
                 of
                 June
                 ,
                 18.
                 
                 K.
                 H.
                 8.
                 
                 
                   Concerning
                   making
                   Freemen
                   of
                   the
                   City
                   ,
                   against
                   colouring
                   forreign
                   Goods
                   .
                
              
               
                 AT
                 this
                 Common
                 Councel
                 ,
                 it
                 is
                 agreed
                 ,
                 granted
                 ,
                 ordained
                 and
                 enacted
                 ,
                 That
                 if
                 hereafter
                 any
                 Freeman
                 or
                 Free-woman
                 of
                 this
                 City
                 ,
                 take
                 any
                 Apprentice
                 ,
                 and
                 within
                 the
                 term
                 of
                 seven
                 years
                 suffer
                 the
                 same
                 Apprentice
                 to
                 go
                 at
                 his
                 large
                 liberty
                 and
                 pleasure
                 :
                 and
                 within
                 ,
                 or
                 after
                 the
                 said
                 term
                 ,
                 agree
                 with
                 his
                 said
                 Apprentice
                 for
                 a
                 certain
                 sum
                 of
                 money
                 ,
                 or
                 otherwise
                 for
                 his
                 said
                 service
                 ,
                 and
                 within
                 or
                 after
                 the
                 end
                 of
                 the
                 said
                 term
                 ,
                 the
                 said
                 Freeman
                 present
                 the
                 said
                 Apprentice
                 to
                 the
                 Chamberlain
                 of
                 the
                 City
                 ,
                 and
                 by
                 good
                 deliberation
                 ,
                 and
                 upon
                 his
                 Oath
                 made
                 to
                 the
                 same
                 City
                 ,
                 the
                 same
                 Freeman
                 or
                 Freewoman
                 assureth
                 and
                 affirmeth
                 to
                 the
                 said
                 Chamberlain
                 ,
                 that
                 the
                 said
                 Apprentice
                 hath
                 fully
                 served
                 his
                 said
                 term
                 as
                 Apprentice
                 .
                 Or
                 if
                 any
                 Freeman
                 or
                 Freewoman
                 of
                 this
                 
                 City
                 ,
                 take
                 any
                 Apprentice
                 ,
                 which
                 at
                 the
                 time
                 of
                 the
                 said
                 taking
                 hath
                 any
                 Wife
                 .
                 Or
                 if
                 any
                 Freeman
                 or
                 Freewoman
                 of
                 this
                 City
                 ,
                 give
                 any
                 Wages
                 to
                 his
                 or
                 her
                 Apprentice
                 ,
                 or
                 suffer
                 the
                 said
                 Apprentices
                 to
                 take
                 any
                 part
                 of
                 their
                 own
                 getting
                 or
                 gains
                 .
                 Or
                 if
                 any
                 Freeman
                 or
                 Freewoman
                 of
                 this
                 City
                 hereafter
                 ,
                 colour
                 any
                 Forreign
                 Goods
                 ,
                 or
                 from
                 henceforth
                 buy
                 or
                 sell
                 for
                 any
                 person
                 or
                 persons
                 ,
                 or
                 with
                 or
                 to
                 any
                 person
                 or
                 persons
                 ,
                 being
                 Forreign
                 ,
                 or
                 Forreigners
                 ,
                 Cloths
                 ,
                 Silks
                 ,
                 Wine
                 ,
                 Oyles
                 ,
                 or
                 any
                 other
                 Goods
                 or
                 Merchandize
                 whatsoever
                 they
                 be
                 ;
                 whether
                 he
                 take
                 any
                 thing
                 or
                 things
                 for
                 his
                 or
                 their
                 Wages
                 or
                 Labor
                 ,
                 or
                 not
                 .
                 Or
                 if
                 any
                 person
                 or
                 persons
                 being
                 Free
                 of
                 this
                 City
                 ,
                 by
                 any
                 colour
                 or
                 deceitful
                 means
                 from
                 henceforth
                 ,
                 do
                 buy
                 ,
                 sell
                 ,
                 or
                 receive
                 of
                 any
                 Apprentice
                 within
                 this
                 City
                 ,
                 any
                 mony
                 ,
                 goods
                 ,
                 merchandize
                 ,
                 or
                 wares
                 ,
                 without
                 the
                 assent
                 or
                 license
                 of
                 his
                 Master
                 or
                 Masters
                 :
                 and
                 upon
                 examination
                 duly
                 proved
                 before
                 the
                 Chamberlain
                 of
                 the
                 said
                 City
                 for
                 the
                 time
                 being
                 .
                 And
                 the
                 same
                 reported
                 by
                 the
                 mouth
                 of
                 the
                 said
                 Chamberlain
                 at
                 a
                 Court
                 to
                 be
                 holden
                 by
                 the
                 Mayor
                 and
                 the
                 Aldermen
                 of
                 the
                 same
                 City
                 in
                 their
                 Councel
                 Chamber
                 :
                 
                 That
                 aswel
                 the
                 said
                 Master
                 as
                 the
                 said
                 Apprentice
                 ,
                 shall
                 for
                 evermore
                 be
                 dis●anchised
                 .
              
               
                 God
                 save
                 the
                 King.
                 
              
            
             
               
                 The
                 Statutes
                 of
                 the
                 Streets
                 of
                 this
                 City
                 ,
                 against
                 Annoyances
                 .
              
               
                 1.
                 
                 First
                 ,
                 no
                 man
                 shall
                 sweep
                 the
                 filth
                 of
                 the
                 Street
                 into
                 the
                 Channel
                 of
                 the
                 City
                 ,
                 in
                 the
                 time
                 of
                 any
                 Rain
                 ,
                 or
                 at
                 any
                 other
                 time
                 ,
                 under
                 pain
                 of
                 six
                 shillings
                 eight
                 pence
                 .
              
               
                 2.
                 
                 No
                 man
                 shall
                 cast
                 ,
                 or
                 lay
                 in
                 the
                 Streets
                 ,
                 Dogs
                 ,
                 Cats
                 ,
                 or
                 other
                 Carren
                 ,
                 or
                 any
                 noysome
                 thing
                 contagious
                 of
                 Air.
                 Nor
                 no
                 Inholder
                 shall
                 lay
                 out
                 Dung
                 out
                 of
                 his
                 house
                 ,
                 but
                 if
                 the
                 Cart
                 be
                 ready
                 to
                 carry
                 the
                 same
                 away
                 incontinently
                 ,
                 under
                 pain
                 of
                 forty
                 shillings
                 .
              
               
                 3.
                 
                 No
                 Brewer
                 shall
                 cast
                 willfully
                 dregs
                 or
                 dross
                 of
                 Ale
                 or
                 Beer
                 into
                 the
                 Channel
                 ,
                 under
                 pain
                 of
                 two
                 shillings
                 .
              
               
                 4.
                 
                 No
                 man
                 shall
                 encumber
                 the
                 Streets
                 with
                 Timber
                 ,
                 Stones
                 ,
                 Carts
                 ,
                 or
                 
                 such
                 like
                 ,
                 under
                 pain
                 of
                 Forfeiture
                 of
                 the
                 same
                 thing
                 that
                 so
                 encumbreth
                 the
                 Streets
                 ,
                 which
                 is
                 twenty
                 shillings
                 fine
                 ,
                 if
                 he
                 remove
                 it
                 not
                 at
                 the
                 warning
                 of
                 the
                 Serjeant
                 of
                 the
                 Market
                 .
              
               
                 5.
                 
                 Every
                 Builder
                 of
                 houses
                 ought
                 to
                 come
                 to
                 the
                 Mayor
                 ,
                 Aldermen
                 and
                 Chamberlain
                 ,
                 for
                 a
                 special
                 License
                 for
                 hourd
                 of
                 by
                 him
                 to
                 be
                 made
                 in
                 the
                 high
                 Street
                 ,
                 and
                 no
                 Builder
                 to
                 encumber
                 the
                 Streets
                 with
                 any
                 manner
                 of
                 thing
                 ,
                 taking
                 down
                 for
                 the
                 preparing
                 of
                 his
                 New
                 Building
                 under
                 pain
                 of
                 forty
                 shillings
                 ,
                 except
                 he
                 make
                 a
                 hourd
                 of
                 sorty
                 shillings
                 .
              
               
                 6.
                 
                 No
                 man
                 shall
                 set
                 any
                 Carts
                 in
                 the
                 Streets
                 by
                 night
                 time
                 ,
                 under
                 the
                 pain
                 of
                 twelve
                 pence
                 ,
                 and
                 recompence
                 to
                 such
                 persons
                 as
                 shall
                 be
                 hurt
                 thereby
                 ,
                 if
                 any
                 such
                 be
                 ,
                 twelve
                 pence
                 .
              
               
                 7.
                 
                 No
                 Budge-man
                 shall
                 lead
                 but
                 two
                 Horses
                 ,
                 and
                 he
                 shall
                 not
                 let
                 them
                 go
                 unled
                 ,
                 under
                 pain
                 of
                 two
                 shillings
                 .
              
               
                 8.
                 
                 No
                 man
                 shall
                 ride
                 ,
                 or
                 drive
                 his
                 Car
                 ,
                 or
                 Cart
                 atrot
                 in
                 the
                 Street
                 ,
                 but
                 patiently
                 ,
                 under
                 pain
                 of
                 two
                 shillings
                 .
              
               
                 9.
                 
                 No
                 man
                 shall
                 Gallop
                 his
                 Horse
                 in
                 the
                 Street
                 ,
                 for
                 Wager
                 or
                 otherwise
                 ,
                 under
                 like
                 pain
                 of
                 two
                 shillings
                 .
              
               
                 10.
                 
                 No
                 man
                 shall
                 Shoot
                 in
                 the
                 Street
                 ,
                 
                 for
                 Wager
                 or
                 otherwise
                 ,
                 under
                 like
                 pain
                 of
                 two
                 shillings
                 .
              
               
                 11.
                 
                 No
                 man
                 shall
                 bowl
                 ,
                 or
                 cast
                 any
                 Stone
                 in
                 the
                 Street
                 ,
                 for
                 Wager
                 ,
                 or
                 gain
                 ,
                 or
                 such
                 like
                 ,
                 under
                 pain
                 of
                 two
                 shillings
                 .
              
               
                 12.
                 
                 No
                 man
                 shall
                 dig
                 any
                 hole
                 in
                 the
                 Street
                 ,
                 for
                 any
                 matter
                 ,
                 except
                 he
                 stop
                 it
                 up
                 again
                 ,
                 under
                 pain
                 of
                 two
                 shillings
                 and
                 recompence
                 to
                 any
                 person
                 hurt
                 thereby
                 ,
                 two
                 shillings
                 .
              
               
                 13.
                 
                 No
                 man
                 bury
                 any
                 Dung
                 ,
                 or
                 Goung
                 ,
                 within
                 the
                 Liberties
                 of
                 this
                 City
                 ,
                 under
                 pain
                 of
                 forty
                 shillings
                 .
              
               
                 14.
                 
                 Goung-Fermour
                 shall
                 carry
                 any
                 Ordure
                 till
                 after
                 nine
                 of
                 the
                 Clock
                 in
                 the
                 night
                 ,
                 under
                 pain
                 of
                 thirteen
                 shillings
                 four
                 pence
                 .
              
               
                 15.
                 
                 No
                 Goung-Fermour
                 shall
                 spill
                 any
                 Ordure
                 in
                 the
                 Street
                 ,
                 under
                 pain
                 of
                 thirteen
                 shillings
                 four
                 pence
                 .
              
               
                 16.
                 
                 No
                 man
                 shall
                 bait
                 Bull
                 ,
                 Bear
                 ,
                 or
                 Horse
                 in
                 the
                 open
                 Street
                 ,
                 under
                 pain
                 of
                 twenty
                 shillings
                 .
              
               
                 17.
                 
                 No
                 man
                 shall
                 have
                 any
                 Kine
                 ,
                 Goats
                 ,
                 Hogs
                 ,
                 Pigs
                 ,
                 Hens
                 ,
                 Cocks
                 ,
                 Capons
                 ,
                 or
                 Ducks
                 in
                 the
                 open
                 Street
                 ,
                 under
                 pain
                 of
                 forfeiture
                 of
                 the
                 same
                 .
              
               
                 18.
                 
                 No
                 man
                 shall
                 maintain
                 any
                 biting
                 Curs
                 ,
                 or
                 mad
                 Dogs
                 ,
                 in
                 the
                 Streets
                 ,
                 under
                 
                 pain
                 of
                 two
                 shillings
                 ,
                 and
                 recompence
                 unto
                 every
                 party
                 hurt
                 therewith
                 ,
                 two
                 shillings
                 .
              
               
                 19.
                 
                 No
                 Carts
                 that
                 shall
                 be
                 shod
                 with
                 Spig-nails
                 that
                 shall
                 come
                 upon
                 the
                 Streets
                 of
                 this
                 City
                 ,
                 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
                 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
                 the
                 other
                 in
                 Westminster
                 ,
                 the
                 said
                 Officers
                 shall
                 be
                 chosen
                 according
                 to
                 the
                 custome
                 of
                 that
                 City
                 ,
                 and
                 the
                 rates
                 paid
                 according
                 to
                 the
                 custome
                 of
                 that
                 City
                 ,
                 in
                 all
                 other
                 Parishes
                 or
                 places
                 upon
                 every
                 Tuesday
                 or
                 Wednesday
                 in
                 Easter
                 week
                 :
                 The
                 Constables
                 ,
                 Church
                 wardens
                 and
                 Overseers
                 for
                 the
                 Poor
                 ,
                 Surveyors
                 of
                 the
                 Highwayes
                 of
                 every
                 Parish
                 aforesaid
                 ,
                 giving
                 notice
                 and
                 calling
                 together
                 such
                 Inhabitants
                 of
                 their
                 Parishes
                 ,
                 as
                 have
                 born
                 the
                 like
                 Offices
                 ,
                 they
                 or
                 the
                 greater
                 number
                 of
                 them
                 shall
                 appoint
                 two
                 ,
                 that
                 are
                 Tradesmen
                 in
                 their
                 Parishes
                 ,
                 to
                 be
                 Scavenger
                 ,
                 for
                 the
                 Streets
                 ,
                 &c.
                 of
                 each
                 Ward
                 to
                 continue
                 for
                 a
                 year
                 ,
                 who
                 shall
                 perform
                 the
                 office
                 upon
                 pain
                 of
                 twenty
                 pound
                 ,
                 but
                 upon
                 refusal
                 others
                 shall
                 be
                 chosen
                 ,
                 the
                 same
                 penalties
                 to
                 be
                 levied
                 and
                 imployed
                 for
                 mending
                 the
                 Streets
                 and
                 Wayes
                 of
                 the
                 same
                 Parish
                 ,
                 by
                 distress
                 and
                 sale
                 of
                 the
                 offenders
                 Goods
                 ,
                 and
                 imprisonment
                 by
                 default
                 by
                 warrant
                 as
                 aforesaid
                 .
              
               
                 Within
                 twenty
                 days
                 after
                 election
                 of
                 such
                 Officers
                 ,
                 a
                 Tax
                 or
                 pound
                 rate
                 shall
                 be
                 made
                 by
                 the
                 Inhabitants
                 of
                 every
                 Parish
                 ,
                 which
                 being
                 confirmed
                 by
                 two
                 
                 Justices
                 of
                 the
                 Peace
                 ,
                 shall
                 be
                 quarterly
                 paid
                 upon
                 demand
                 by
                 the
                 Officers
                 appointed
                 ,
                 and
                 upon
                 refusal
                 levied
                 by
                 distress
                 and
                 sale
                 of
                 the
                 Goods
                 ,
                 by
                 warrant
                 from
                 two
                 Justices
                 of
                 the
                 Peace
                 ,
                 and
                 for
                 lack
                 of
                 distress
                 by
                 imprisonment
                 of
                 the
                 offender
                 (
                 not
                 being
                 a
                 Peer
                 )
                 until
                 payment
                 .
              
               
                 Provided
                 all
                 Actions
                 against
                 persons
                 for
                 executing
                 this
                 Act
                 ,
                 shall
                 be
                 laid
                 in
                 their
                 proper
                 County
                 ,
                 and
                 the
                 Defendant
                 may
                 plead
                 the
                 general
                 Issue
                 and
                 recover
                 double
                 cost
                 if
                 wrongfully
                 vexed
                 .
              
               
                 By
                 the
                 same
                 Statute
                 no
                 Hackney
                 Coachman
                 licensed
                 ,
                 shall
                 take
                 for
                 his
                 hire
                 in
                 or
                 about
                 the
                 City
                 of
                 London
                 and
                 Westminster
                 ,
                 above
                 10.
                 sh
                 .
                 for
                 a
                 day
                 reckoning
                 12.
                 hours
                 to
                 the
                 day
                 ,
                 and
                 not
                 above
                 18.
                 d.
                 for
                 the
                 first
                 hour
                 ,
                 and
                 12.
                 d.
                 for
                 every
                 hour
                 after
                 ,
                 and
                 no
                 Gentleman
                 or
                 other
                 person
                 shall
                 pay
                 from
                 any
                 of
                 the
                 Inns
                 of
                 Court
                 or
                 thereabouts
                 to
                 any
                 part
                 of
                 St.
                 Iames
                 or
                 Westminster
                 above
                 12.
                 d.
                 and
                 the
                 same
                 rates
                 to
                 the
                 same
                 places
                 or
                 thereabouts
                 back
                 again
                 ,
                 and
                 from
                 any
                 of
                 the
                 said
                 Inns
                 of
                 Court
                 ,
                 or
                 thereabouts
                 ,
                 to
                 the
                 Royal
                 Exchange
                 12.
                 d.
                 to
                 the
                 Tower
                 of
                 
                   London
                   ,
                   Bishopsgatestreet
                   ,
                   Algate
                
                 or
                 t●ereabouts
                 
                 18.
                 d.
                 and
                 so
                 from
                 the
                 said
                 places
                 to
                 the
                 Inns
                 of
                 Court
                 ,
                 and
                 the
                 like
                 rates
                 from
                 and
                 to
                 any
                 place
                 of
                 like
                 distance
                 and
                 if
                 any
                 Coachman
                 shall
                 refuse
                 to
                 do
                 ,
                 act
                 ,
                 or
                 exact
                 more
                 for
                 his
                 hire
                 then
                 thereby
                 limited
                 he
                 shall
                 for
                 every
                 offence
                 forfeit
                 10.
                 sh
                 .
              
            
             
               FINIS
            
             
          
        
         
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A32296-e1420
           
             Trinterm
             .
             7.
             
             Jac.
             Rex
             Rot.
             1490.
             
          
           
             Kings-Bench
             .
             The
             pleading
             of
             this
             case
             see
             in
             the
             New-Book
             of
             entries
             fol.
             20
             &
             21.
             
          
           
             Quest
             .
             1.
             
          
           
             Three
             commodities
             of
             lights
             by
             a
             Window
             ,
             Air
             by
             Health
             ,
             light
             by
             profit
             ,
             pleasure
             by
             prospect
             .
          
           
             Cook
             9.
             
             Rep.
             Eldred
             case
             .
          
           
             
               Vide
               ,
               Hobarts
            
             Reports
             ,
             Robins
             of
             B●ns
             .
             131.
             
          
           
             Quest
             .
             2.
             
          
           
             3.
             
             Quest
             .
             A
             new
             house
             built
             upon
             an
             old
             foundation
             ,
             without
             enlargement
             either
             in
             longitude
             or
             latitude
             ,
             though
             never
             so
             high
             built
             ,
             shall
             not
             be
             taken
             to
             prejudice
             the
             Neighbour
             .
          
           
             Hill.
             12.
             
             
               Jac.
               in
               Banco
            
             Rep.
             
          
           
             Information
             upon
             the
             Stat.
             of
             5.
             
             Eliz.
             4.
             concerning
             Manualoccu●
             pations
             ,
             &c.
             
          
           
             The
             custome
             of
             L
             pleaded
             in
             Bar
             
          
           
             Quest
             .
             1.
             
          
           
             Quest
             .
             2.
             
          
           
             Sel.
             
          
           
             Rat.
             1.
             
          
           
             2.
             
          
           
             Quest
             .
             4.
             
          
           
             Rat
             ,
             1.
             
          
           
             Rat.
             2.
             
          
           
             Rat.
             3.
             
          
           
             Rat.
             4.
             9.
             
             H.
             3.
             cap.
             9.
             
          
           
             Quest
             .
             5.
             
          
           
             Rat.
             1.
             
          
           
             2.
             
          
           
             3.
             
          
           
             Rat.
             4.
             
          
           
             Quest
             .
             6.
             
          
           
             Sol.
             ●
             :
          
           
             Quest
             .
             7.
             
          
           
             Sol.
             
          
           
             Mich.
             12
             Jac.
             Rs.
             In
             Banco
             Rs.
             
          
           
             Quest
             .
             1.
             
          
           
             Mich.
             39
             40.
             
             
               Eliz
               Paramoreversus
               Pain
            
             .
          
           
             Quest
             .
             2.
             
          
           
             Quest
             .
          
           
             Mich.
             37
             38.
             
             
               Eliz.
               Rot.
            
             414.
             
          
           
             Ea.
             Term.
             9.
             
             Iac.
             Rex
             Roll.
             163.
             
          
           
             Kings
             Be.
             
          
           
             you
             should
             read
             Frances
             all
             the
             way
             .
          
           
             Counsel●
             5.
             
          
           
             in
             the
             case
             
          
           
             Judges
             8
             ,
          
           
             Four
             of
             the
             Judges
             for
             the
             Defendant
             .
          
           
             Rat.
             1.
             
          
           
             22.
             
             H.
             6.
             4.
             
          
           
             Rat.
             2.
             
          
           
             21
             H.
             6.
             30
             
          
           
             ●
             .
             1
             E.
             4.
             50.
             
          
           
             Rat
             ,
             3.
             
          
           
             3
             Eliz
             Dy
             100.
             
          
           
             26.
             
             Eliz.
             the
             Lord
             Mordants
             Case
             .
          
           
             Rat
             4.
             
          
           
             Rat.
             5.
             
          
           
             35.
             
             H.
             6.
             3.
             
          
           
             Rat.
             6.
             
          
           
             33.
             
             Ass
             .
             Parl.
             7.
             
          
           
             Rat.
             7.
             
          
           
             Rat.
             8.
             
          
           
             Rat.
             9.
             
          
           
             Three
             Judges
             of
             Contrary
             opinion
             .
          
           
             ●t
             .
             1.
             
          
           
             2.
             
          
           
             8.
             
             H.
             42.
             
          
           
             4.
             
          
           
             Sir
             
               H.
               Calthrops
            
             report
             and
             opinion
             .
          
           
             1.
             
             What
             prisage
             is
             .
          
           
             6.
             
             E.
             3.
             5.
             
          
           
             20.
             
             Ric.
             2.
             
             Rot.
             Pat.
             
          
           
             28.
             
             E
             ,
             1.
             
             Rot.
             Pat.
             
          
           
             
               Fleta
               .
               Lib.
            
             2.
             cap.
             22.
             
          
           
             20.
             
             R.
             2.
             
             Rot.
             Pat.
             
          
           
             2.
             
             The
             ground
             of
             paying
             the
             K.
             prisage
             .
          
           
             3.
             
             When
             prisage
             is
             due
             .
          
           
             Sir
             
               Ed.
               Crook
            
             ,
             Sir
             
               John
               Doddridge
            
             .
          
           
             6.
             
             R.
             2.
             46.
             
          
           
             Kenniston
             .
          
           
             4.
             
             Whether
             the
             King
             may
             grant
             ,
             or
             discharge
             Prisage
             .
          
           
             41.
             
             Elix
             .
          
           
             15
             E
             4.
             
             Rot.
             Pat.
             
          
           
             5.
             
             Grant
             to
             a
             body
             politique
             for
             the
             benefit
             of
             bodies
             natural
             .
             39
             E.
             3.
             21.
             21
             
             E.
             4.
             55.
             
          
           
             6.
             
             Whatpersons
             are
             discharged
             by
             the
             words
             of
             the
             Charter
             .
          
           
             1.
             
             Sort.
             Citizens
             of
             five
             sorts
             .
          
           
             2.
             
             Sort.
             
          
           
             3.
             
             Sort.
             
          
           
             28.
             
             Ass
             .
             Par.
             25.
             
          
           
             28.
             
             Ass
             .
             Pat.
             18.
             
          
           
             4.
             
             Sort.
             
          
           
             5.
             
             Sort.
             
          
           
             7.
             
             What
             Wines
             are
             discharged
             of
             prisage
             .
          
           
             1.
             
             H.
             8.
             cap.
             5.
             
          
           
             1.
             
             Benefits
             of
             having
             Woollen
             Cloth
             Died
             and
             dressed
             in
             England
             .
          
           
             2.
             
          
           
             3.
             
          
           
             Hill.
             12.
             
             Jac.
             Rex
             K.
             Bench.
             
          
           
             Rat.
             1.
             
          
           
             2.
             
             Past
             all
             Resumption
             .
          
           
             3.
             
          
           
             4.
             
          
           
             Hill.
             13.
             
             K.
             Bench.
             
          
           
             Rat.
             1.
             
          
           
             Pasc
             .
             14.
             
             Jac.
             Chan
             
          
           
             Customary
             actions
             to
             be
             tried
             only
             in
             the
             place
             where
             the
             custome
             lieth
             .
          
           
             Pasc
             .
             15.
             
             Jac.
             K.
             Bench.
             
          
           
             Upon
             rent
             of
             a
             Mess
             .
             let
             at
             an
             ancient
             rent
             of
             5.
             l.
             
               per.
               an
            
             .
          
           
             And
             a
             fine
             to
             be
             paid
             by
             3●
             .
             l.
             
               per.
               ann
            
             .
          
           
             Quest
             .
             1.
             
          
           
             2.
             
          
           
             3.
             
          
           
             4.
             
          
           
             5.
             
          
           
             Quest
             .
             1.
             
             What
             the
             Parson
             may
             by
             Law
             demand
             for
             houses
             in
             
               London
               ?
               Fitz.
               Herb.
               nat
               .
               brev
               .
               fol.
            
             53.
             
          
           
             34.
             
             
               Eliz.
               Dawsons
            
             case
             K.
             Bench.
             
          
           
             2.
             
          
           
             11.
             
             Report
             .
             sol
             .
             16.
             
          
           
             3.
             
             What
             was
             anciently
             paid
             for
             houses
             in
             London
             to
             the
             Parson
             .
          
           
             And
             how
             these
             payments
             grew
             Niger
             Bishop
             of
             London's
             Constitution
             .
             13.
             
             H.
             3.
             
          
           
             30.
             
             E.
             3
             i.
             
          
           
             30.
             
             L.
             3.
             3.
             
          
           
             
               Tho
               Arun
            
             Arch-bish
             .
             of
             Cant.
             13.
             
             R.
             2.
             
          
           
             Pope
             Innocent
             .
             5.
             
             H.
             4.
             
          
           
             Pope
             Nich.
             31.
             
             H.
             6.
             
          
           
             Linwood
             ,
             fol.
             146.
             
          
           
             Submission
             to
             the
             Lord
             Chancellour
             and
             Privy-Councel
             .
          
           
             27.
             
             H.
             8.
             21.
             cap.
             
          
           
             37.
             
             H.
             8.
             decree
             ,
             cap.
             12.
             
             Which
             decree
             by
             the
             Act
             ought
             to
             have
             been
             enrolled
             in
             Chancery
             in
             six
             Moneths
             ;
             but
             search
             hathbeen
             ,
             and
             it
             is
             not
             found
             .
          
           
             4.
             
             Whether
             the
             Fine
             paid
             ,
             by
             25.
             
             
               Per.
               An.
            
             b●
             a
             rent
             within
             the
             words
             of
             the
             decree
             ?
          
           
             5.
             
             Whether
             the
             25
             perann
             .
             thus
             Covenanted
             to
             be
             paid
             for
             fine
             ,
             be
             lent
             within
             the
             intent
             of
             the
             decree
             ?
             1.
             
             Arguments
             on
             Ministers
             part
             .
          
           
             Argument
             on
             the
             Citizens
             part
             .
          
           
             3.
             
          
        
         
           Notes for div A32296-e13570
           
             Error
             Fitzz
             .
             23.
             
             S.
             
          
           
             Fitzz
             .
             24.
             
             S.
             
          
           
             This
             is
             now
             altered
             by
             the
             Stat.
             of
             32.
             
             H.
             8.
             ca.
             I.
             of
             Wills.
             
          
        
         
           Notes for div A32296-e17550
           
             Ward-mote
             ,
             Inquest
             for
             a
             year
             .
          
           
             Inquest
             dying
             .
          
           
             Non
             appearance
             .
          
           
             Watch
             ,
             Light
             ,
             Visard
             .
          
           
             Common
             Councel
             .
          
           
             Constables
             ,
             Scavengers
             ,
             Beadle
             ,
             Raker
             .
          
           
             Roll
             of
             names
             .
          
           
             Constable
             Roll.
             
          
           
             Inholder
             ,
             Lodger
             ,
             Sojourner
             
          
           
             Search
             .
             New-comers
             .
          
           
             Frank-pledge
             .
          
           
             Beadle
             .
          
           
             Fire
             .
          
           
             Streets
             .
          
           
             Hucksters
             of
             Ale
             and
             Beer
             .
          
           
             Measures
             Scaled
             .
          
           
             Strange
             born
             .
          
           
             Streets
             .
          
           
             Vagarants
             .
          
           
             Jury-men
             .
          
           
             Harlots
             .
          
           
             Articles
             
          
           
             Commons
             ,
             Dinners
             ,
             Banquetting
             .
          
           
             Fire
             and
             Candle
             ,
             &c.
             Recreation
             .
          
           
             Peace
             .
          
           
             Outlaws
             ,
             Traitots
             ,
             Fellons
             ,
             &c.
             
          
           
             Thames
             .
          
           
             Congregations
             .
          
           
             Riotör
             .
             Barrator
             .
          
           
             Peace
             ,
             Hue
             and
             Cry.
             
          
           
             Hucksters
             ,
             Receivers
             of
             Apprentices
             ,
             Artificers
             ,
             &c.
             
          
           
             Inholder
             ,
             Taverner
             ,
             Victualer
             .
          
           
             Curfue
             .
          
           
             Bauds
             ,
             Maintainers
             ,
             of
             Quarrels
             .
          
           
             Strumpet
             ,
             Adulterer
             ,
             Witch
             ,
             Scold
             .
          
           
             Hot-house
             .
          
           
             Thames
             ,
             Ditches
             ,
             Streets
             ,
             &c.
             
          
           
             Channel
             .
          
           
             Hogges
             .
             Kine
             ,
             Oxen
             ,
             Ducks
             ,
          
           
             Persons
             Indited
             in
             one
             Ward
             ,
             flying
             into
             another
             .
          
           
             Colouring
             forraign
             Goods
             .
          
           
             Forreign
             buying
             and
             seling
             .
          
           
             Freemen
             not
             resident
             .
          
           
             Orphans
             ,
             Wards
             ,
             Marringes
             .
          
           
             Officers
             .
          
           
             Boteman
             ,
             Feriour
             .
          
           
             Purprestures
             .
          
           
             Pent-houses
             ,
             Jetties
             ,
             Stalles
             ,
             &c.
             
          
           
             Way
             ,
             Water
             course
             .
          
           
             Pavements
             .
          
           
             Regrators
             ,
             Forestallers
             .
          
           
             Price
             of
             Victual
             .
          
           
             Hay
             .
          
           
             Victuals
             unwholesome
             price
             .
          
           
             Measures
             unsealed
             .
          
           
             Weights
             and
             Measures
             .
          
           
             Inholder
             ,
             brown
             Baker
             .
          
           
             House
             ,
             Tile
             
          
           
             Leaper
             ,
             Beggar
             .
          
           
             Bakers
             ,
             Brewers
             .
          
           
             Painted
             visage
             .
          
           
             Candle
             light
             .
          
           
             Wood.
             
          
           
             Country
             .
          
           
             Cheese
             ,
             Butter
             .
          
           
             Freemen
             to
             shew
             their
             Copies
             .
          
           
             Melting
             Tallow
             .
          
           
             Appraisers
             .
          
           
             Beam.
             
          
           
             Clothes
             .
          
           
             Carmen
             .
          
           
             Buildings
             ,
             divided
             houses
             ,
             Inmates
             
          
           
             Hawkers
             .
          
           
             Freedome
             .
          
           
             Collectors
             .
          
           
             Women
             Receivers
             of
             Servants
             .
          
           
             Privies
             .
          
           
             Vagabons
             
          
           
             Poor
             .
          
           
             Legacies
             .
          
           
             Drunkard
             ,
             Whoremonger
             ,
             Sabbath
             ,
             Jesuite
             ,
             Seminary
             Priest
             ,
             Secular
             Priest
             ,
             Popish
             Recusant
             ,
             Cozenes
             ,
             &c.
             
          
           
             Mass
             .
          
           
             Roman
             Catholick
             Religion
             .
          
           
             Assembly
             monthly
             .
          
           
             making
             of
             Presentments
             .