<r^' 
 
 THE 
 
 WILLIAM R. PERKINS 
 
 LIBRARY 
 
 OF 
 
 0Ji^O^ DUKE UNIVERSITY 
 
 Rare Books 
 
 ■^ 
 
// 
 
 Prruilegra Londini: 
 
 OR, THE 
 
 Laws, Cuftoms, and Priviledges 
 
 '^' o F T H E r~yf 
 
 iGity oi LondonS^^y 
 
 f WHEREIN 
 
 :A.re fet forth all the Charters frorri King WiUiAm I- 
 to His prefent Majefly King WILLIAM HI. 
 All their general and particular Cuftoms_, ^oiz,. 
 againft Foreigners, of a Feme fole Merchant, of 
 Disfranchifements of Freemens Wills, of Exe- 
 cutors and Adminiftrators, of Fining thofc that 
 refufe their Office, of Market-Overt y of Pri- 
 fage, &c. The nature of By-Laws, what ar^' 
 good, and what not, and how Pleadable, with 
 feVeral fpecial Cafes relating to the fame. 
 ALSO 
 Of Mafters and Apprentices, variety of Cafes, 
 and Pleading thereon. 
 LIKEWISE 
 The manner of proceeding in Attach men ts^ 
 Pleadings in Foreign Attachments, with feveral 
 Cafes thereof, and Forms of Pleadings thereon. 
 The Cuftom of Orphans in feveral remarkable 
 Cafes. 
 Together with the Pra£ticc of all the Courts, with the Fees 
 thereunto belonging. As alfo the exaft Table of Fees, 
 as they were given in by order of the Court of Aldermen, 
 under the Hands of the feveral Prothonotaries, Seconda- 
 ries, Attornies, and ClerH- fitters in both Compters, Keep- 
 ers of Woodflreet and Poultry Compters, and Ludgate. 
 With feveral other ufeful Matters relating thereunto. 
 Neceflary for all Merchants, Tradefmen, Citizens, and 
 others. 
 
 With an Exaft Table to the whole. 
 
 c 
 
 L O NDO N : Tdmei for D. Brown at the Blatk, Swan and Bible whhoui 
 TtmpU-Bar ; wd J.tyaltijotinihi Middle-Temple-Cloy&ets. 1702. 
 
1 
 
^ _\ 
 
 
 
r 
 
 ^ooks (Pri?. J JK ,D. Brown , and 
 .. Walchoe. 
 
 THe Pleadings^ Arguments, and other pro- 
 ceedings againfl: tWfe Charter of the City 
 of London^ wherein is contained all the Learn- 
 ing of Corporations', whether ^forfeitable how, 
 and for what. ' f 
 
 A Compendium of the Laws and Govern- 
 ment of England, Scotland, and Ireland, with the 
 Plantations and Territories thereunto belong- 
 ing, and Jyifdidion of Courts therein, Svo. 
 
 A Colledion of all the Laws* concerning 
 Tra^eand Traffick, in 12°. 
 
 Enchiridion CkricaU, or a Manual of proper 
 and ufeful Prefidents in Clerkfhip, relating to 
 . fcontracj/ ^nd AgTeements, Bills, Bondf, Con- 
 ditions, cH. 120. 
 
 The Laws of Executors and Adminiftr^tors, 
 being a Common Law Treatife in ^'vo. 
 
 Orphans^Legacv. ifi. Of laft Wills and Tefta- 
 ments y^d, Or Executors and Adminiftrators. 
 %d. Of Legacies and Devifes : Augmented and 
 Inlarged by J. Godolphin, LL. D. 
 
 Clerks Qrammer Enlarged, wherein are laid 
 down plain and eafie Rules for the making any 
 Bond or Bill, Englijl) and Latin, with feveral 
 Conditions, with Inftrudions for the Naimes, 
 Sums and Dates in true proper Latin, with an 
 exail Method for drawing all manner 'of 
 Deeds, &c. 
 
 A new Compleat and ExaA Method ( ac- 
 cording to feveral Alterations that have been 
 by the late Rules of Court ) of Drawing and 
 Entring Declarations, Pleas, Procefs, Mini- 
 fterial and Judicial Priviledge of Parliament 
 pleaded, &c. with a compleat Analyfis of true 
 and correct Pleading. 
 
INTRODUCTION. 
 
 t 
 
 IN all our Accounts of Wife Men, we fine 
 that they were ftill extremely careful t^ 
 preferve their Laws and Priviledges, ai 
 to tranfmit them to Pofterity, as their b« 
 and moft ufeful Depofitum. / 
 
 This has been a Cuftom almoft as old as tp 
 World , and indeed the Advantages chat ^e 
 deriv'd to all Communities upon, the accorc 
 of it, do fufficiently juftify rfiy Attempt innis 
 Compendium. «'"> r? / 
 
 London is generally Icok'd upon to be nopn* 
 ly-the moft Magnificent, but withal the Aoft 
 happy City in Europe-^ however, thishapDnefs 
 is not the bare effed of a lucky Situatiq, or 
 the particular Opportunities (he en joys of)ton- 
 courfe, the Number of Inhabitants, or tlVlike, 
 but rather the effeA of her Good Lawsjand a 
 Wife and well conftituted Government /with- 
 out which her ftately Buildings wouldpe but 
 ftately Heaps ,* her Opportunities of Coimerce 
 ulelefs and infignificanc ; and the mujtude of 
 Inhabitants that are now fo much her Cpry and 
 her Ornament, would be then her S^uie and 
 Difgrace, andatlaft her Ruin. 
 
 London is indeed a very happy Ci/ ; happy 
 in the enjoyment of many Royal fi-iviledges 
 and immunkies, and happy in man excellent 
 Laws peculiar to her felf ; her ony Unhappi- 
 nefs is, that her Laws, &c, are ei»er con find 
 B / within ' 
 
It^tRODVCtlOK 
 
 within Old Charters, in Words not very intelli- 
 gible, which I have here taken care to explain; 
 or fcacter'd about in fuch little Parcels and Frag- 
 ments, that many of them are quite worn out, 
 others almoft forgot, and the reft of little ufc 
 to the generality of the Inhabitants. 
 
 My defign therefore in the following Sheets, 
 isto provide a Remedy againft this, by redu- 
 ^ng all her Ancient Laws, &c, into fuch a plain 
 nd compendious Method, that they ,m ay not 
 •nly be of ufe to the Praditioners in the refpe- 
 tive Courts, but likewife to every other 
 prfon that has any concern in the Corpora- 
 tin. 
 
 begin firft, with An JhJ^raB of the Great 
 Ghrter of Confirmation^ granted to the City of 
 Loflon , in the i ^th Year of the Reign of 
 Kin Charles the Second, &c, wherein are re- 
 Q\tQ(,verbatim , all the Charters from Wtlltam 
 the C^queror, to that prefent Year, 
 
 AN 
 
A N 
 
 Abftradof the Great Charter 
 
 OF 
 
 CONFIRMATION, 
 
 15. Car. Secundi 
 
 WlSiam the Conqueror grants the City of ji^.cevq.r.Ut* 
 London Two Charters ; in the firft of ter i. i. 
 which he confirms to them the Laws they en- 
 joyed in the Reign of King Edward the Confejfor, Ed^. Covfef. 
 appoints every Chil d to be his Father's Heir af- Laws cen- 
 ter his Death ; and promifes to fufFer no Man ^^"^ 
 to do them v/rong. 
 
 tiemy the Firft grants them likewife a Char- 
 ter, wherein he grants the Citizens of London ^^ ^ 
 to hold Middkfex to Farm for Three Hundred 
 Pounds , upon Account to them and their MtddX^iivm^A. 
 -Heirs. 
 
 He grants them the Privilege to t choofe a She- 1 Sheriffs cho 
 rifF, to keep the Pleas of the Crown, and not f^"- 
 to plead out of the Verge of their City : To be x^Sofn-^ 
 free from Scot and Lot, and from * Dam-guilty f^c everyHide 
 and from all Murther ; excufes them from wag- of Land inthe 
 ing of Battel, and grants that if any Citizen Realm.impo- 
 be impleaded concerning tl^ Pleas of the ^£';J^^^pJ" J* 
 
 B 2 Crown D»nei. 
 
4 Tl:e Charters of the 
 
 tL€ftaiT»,Tcu- Crown, the Man of London (hould difcharge 
 
 rlijre ^"^ "" ^2 further grants, that none dial! lodge in the 
 J! Pall ge, the City oF London by force, and that the Citizens 
 Hire a Man fliould be free froiH all ToU t and Leitage, and 
 paysfortranf. || pafT^g-, and from all other Cuiloms through- 
 'iVke^aLi- ^"^ Evigiand. And that the Churches Barons 
 bertyjnCourc ^^^d Citiz?ns ihould peaceably hold their *Sokes, 
 allow'ci to and that the Stranger that fliould be lodgd in 
 Tenants, a ^XiQ Sokes, fhould pay Cuftom to him only to 
 
 Powerrohold ^^^^^ ^j^^ 3 1^^ ^^^j^ j^^j^ OF tO his Of- 
 
 Courts, riea - &' "^ 
 
 of Coanacb*, "icer. 
 
 Covenant?, He further grants th^t no Citizen Hiould be 
 
 Feta, Lib. i, amcrc d above loo j. for any Pecuniary Punifli- 
 
 + M^k ' niGnt ; that there fliouid be no f Miskenning in 
 
 achangin' thQ Ht^f/^tngs , noF in the Folk Mote, nor in 
 
 Speech in'' any other Plea within the City. That the 
 
 Court. Hu(lmgs fit once a Week, and that the Citizens 
 
 Amerce- enjoy their Debts, &c. according to the Laws 
 
 HuftTncr^. of the City. That Debts contracted within the 
 
 Attachments. Verge of the City, be fued for in London ; he 
 
 Cliais aj d gives them liberty to bring Attachments in M^i- 
 
 hunt. thernam^ to have their Chafes and Hunt in Cbil- 
 
 tre, Mtddlefexy and Surry, in as full and ample 
 
 manner as any of their Anceftors ever had. 
 
 -. Henry the Second grants them another Char- 
 
 Monvers Fo. ^^^t t>V which he confirms to them all their 
 reigT fenures former Priviledges , and withal further grants, 
 I! Bridrol . .1 that no Citizen excepting only hisMonyersand 
 Duty for paf- Officers, (hould be impleaded without the Walls 
 B?id»e* of the City, but only in Foreign Tenures. He 
 * csniwite, further grants them to be free from aU|! Bridtol, 
 9nd\Asaron ^ Childwitc, tj^refgive and \\ Scotalc, and to 
 wnrdfignify- hold the fame by Inheritance for Uiem and their 
 "I'^rrpr; Heirs of him and his Heirs. 
 
 of your Bon;l-Womftn gotten with Child without" vour confenf. f JersP* 
 give, an old T<'11 in t!ie Time of the Saxons. W Scotage, a Punifhmenc 
 for an Officer xh-xx. keep<! an Ale Houfe, and forces Men to come to h?^ 
 
 f loufc for f.ar of his DiH^kcifurs. Richard 
 
City of London. 5 
 
 Tiichard the FirR grants them another Charter, ^'c^- ^■ 
 by which they are impower'dnot to plead with- ^^- ^* 
 out the Walls of the City; excepcing Fo.eigti 
 Tenures, and hisown Monyers and Minifters. 
 He grants them likewife an Acquittal of Mur- 
 ther, &c. That none wage Battel ; That tliey ^Jj^J°^ 
 difcharge themfelves of the Pleas of the Crown 
 according to the Cullom of the City. That 
 none take Lodgings in the City by force; that 
 they be free from Toll and Leftage throughout 
 England and the Sea Ports, &c and confirms He;t. II. Laws 
 verbatim all their former Grants made by King confirm'd. 
 Henry his PredecefTor. 
 
 Richard the Firft grants them a fecond Char- Rich. I. 
 ter, by which all the Wears in the River of Char. 2. 
 Thames are to be remov'd ; and the Keepers of 
 the Tower for the future not demand or exsd: ^^^'^ ^" t"« 
 any thing of any perfon by reafon of the faid ^^^ j*^^" 
 Wears for ever. 
 
 King John grants the City of London five fe- j^j^^ q^^ ^ 
 veral Charters: In the firft he confirms to them 
 all the Grants made to them by his Ance- 
 ftors. 
 
 In the Second he confirms to them the Sheriff, •a^,^,,,^, 
 
 wick of Loj^rt'o/; and Aliddlcjex, with all tlieCu- sherifFuyick 
 
 (toms belonging to it, both by Land and Wa- oi MidMcfeie. 
 ter, as well within the Ciry , as wichout, to hold 
 the fame at the Annual Rent of 500 /. payable 
 in tqual proportions at the Ei^J^cr and Muhad- 
 was Exchequer. 
 
 He further granrs d;e Cirizcns of London 
 Power to choofe and remove their Shcrlfii. aid 
 makes the faid SheritTs prefentable and accoun- 
 table to the JulHces of his Exchequer ; ^nd ui 
 cafe the faid Sheriffs themfelves ihouid prove In- Sh^r uTs imol- 
 folvent, and not able to fadsfy the Aiv.erce- Ametxa- 
 
 B 5 ncnts 
 
 U-CJIvJ 
 
6 
 
 Sheriffs ttya- 
 ble by Citi- 
 zens. 
 
 "John Char. 
 
 Weirs in the 
 Medvay rg, 
 
 mov'd. 
 
 John Char. 4. 
 
 Mayor to be 
 cbofen. 
 
 The Charters of the 
 
 ments and Farm, then the Citizens to be ac- 
 countable, faving to the faid Citizens their Li- 
 berties aforefaid. The faid Sheriffs likewife to 
 enjoy theliberty of other Citizens, and not to 
 be amerc'd above 20 /. and thac not to endam- 
 age any of the other Citizens. 
 
 He further grants that if the Sheriffs commit 
 any Offence, by which they incur the lofs of 
 their Lives or Members, they ihall be adjudg'd 
 according to the Laws of the City ; that is, be 
 tried by Citizens before the Juffices of the Ex- 
 chequer. He likewife confirms to them the She- 
 riffwick of London and Mtddlefex^ at 300 /. ^er 
 Ann. and forbids all perfons to do any Damage 
 to the Citizens of Londony in thofe things that 
 belong to the Sheriffwick; and withal he grants, 
 that if any thing Should be given away by him 
 or his Heirs, which of right belongs to the She- 
 riffs di London, the fame to be allow'd on Ac- 
 count in the Exchequer. 
 
 In the Third he again commands all Wears 
 in the Thames and Medway to be remov'd, and 
 that no Wearsfor thefuturebeputupany where 
 in the Thames zn^ Medway, upon the forfeiture 
 of Ten Pounds Sterling. He likewife clearly 
 remits all that the Keepers of the Tower qS. Lou" 
 don were wont to exad yearly upon the Ac- 
 count of the faid Wears, and forbids the faid 
 Keepers to exadt any Money , or to give 
 any perfon any Trouble by reafon of the 
 fame. 
 
 In the Fourth he likewife commands the re- 
 moval of all WearSj &c. and grants to theBa - 
 rons of the City of London yearly to chufe a May- 
 or ; the faid Mayor to be prefented to him, or 
 in his abfence to his Jufticcs : At the end of the 
 Yesr to proceed to choofe another, or to retain 
 the fame, prefenting him again to him, or in 
 
 his 
 
City of London. 7 
 
 his abfence to his Juftices. He likewife con- 
 firms to them all their former Immunities, p . 1^. ^" 
 preferving only the Chamberlainfliip to him- pJv'd^"' 
 felf. 
 
 He grants that the Guild of the Weavers fliall johnCh. $. 
 not be in the City, and that whereas the faid Weavers 
 Guild were wont to pay him 18 Marks Guild, a Fa- 
 yearly , he agrees with the Citizens to pay Company 
 him 20 Marks into the Exchequer for a combin'd by 
 Gift, &c. Laws and by 
 
 the King's 
 
 Henry the Third grants the City of London a. ^l^^"fjj^ 
 new Charter, confirming the Sheriffwick of char. i.* 
 London and Middlefex at the yearly Rent of 500^ 
 fer Ann. as aforefaid. 
 
 . He grants them liberty to chufe and renew 
 their Sheriffs ; orders the faid Sheriffs to be pre- sheriffwick 
 fented at the Exchequer; and the Citizens (if confirm'd. 
 the Sheriffs do not anfwer the Amercements, 
 and the Farm,) to do it themfelves. 
 
 He orders the Amercements of the Sheriffs Amerce- 
 not to exceed 20 /. and that if they do any Ol:- ments :o /. 
 fence whereby they ought to incur the lofs of 
 their Lives or Members, that according to the 
 Law of the City they be judg'd before the Ju- 
 ftices of the Exchequer : He repeats again their 
 former Grant of holding the Sheriffwick of 
 London and Middlefex quietly, honourably, and 
 wholly by the Farm of 300 /. per Ann. and pro- 
 vides that if himfelf, or any of his Jufiices fhali 
 grant to any perfon any thing belonging to the 
 Sheriffwick of London, &c. that it (Lall be ac- 
 counted for to the Citizens of London, in 
 the acquittal of the faid Farm in the Exche- 
 quer. 
 
 In his Second Charter he grants the Citizens Uenry III. 
 of London the liberty to chufe a Max or; orders ^J^*^""* 
 that he be Prefcnted, after bis Eleaion, tohiai, fi,S""' 
 B 4 or ' 
 
s 
 
 Chamber- 
 hinihip re- 
 ferv'd. 
 
 Henry III. 
 Char. 3. 
 
 Wears re- 
 pkov'd. 
 
 Hen. HI. 
 Char. 4. 
 
 Pleadings 
 within the 
 City. 
 
 Amerce- 
 ments. 
 Huttings. 
 
 Hunting. 
 
 Liberties 
 hel4. 
 
 The charters of the 
 
 or in his abfence to his Juftices. That at the 
 end of the Year they proceed to a new Choice: 
 That they enjoy all their former Liberties, 
 having only the Chamberlainfiiip to him- 
 felf. 
 
 In his Third Chartfer he commands the re. 
 moval of all the Wears in the River of Thames 
 and Medivay. He forbids the Keepers of the 
 Tower of London to demand any thing as they 
 were wont formerly upon the account of the 
 Wears, and declares the faid Wears to be inju- 
 rious not only to the City of London, but to the 
 whole Realm. 
 
 In his Fourth Charter he grants that no Ci- 
 tizen plead without the Walls of the City, ex- 
 cepting hi? Monyers and JMinifkrs, and in Fo- 
 reign Tenures. He likewife grants them an 
 Acquittal of all Murther wnhin the Walls of 
 the City. That no Citizen be obliged towage 
 B^i -cl, and that they have liberty to difchargo 
 themfelves of the Pleas of the Crown accord- 
 ing to the Cuftom of the City. That none be 
 lodg'd upon them by force. That they be free 
 from all Toll, Leftage, &c. throughout England, 
 That they be amerc'd according to the Law of 
 the City. That there be no Miskenning in 
 any pleading in the City. That the Huftings 
 fit once a Week. That they enjoy their 
 Debts, c^c. according totheCuftomof the Ci- 
 ty. That Pleas for Debts lent in London be 
 holden in the City. That they enjoy their for- 
 mer Liberty of Hunting. That they be quit 
 of all Bridtoll, Child wite, Jerefgive, and of all 
 Scotale as aforefaid ; and that they and their 
 Heirs hold their Liberties of him and his Heirs 
 Hereditarily. 
 
 In 
 
City of London. 9 
 
 In his fifth Charter he grants the Warren of H«nlli cb.j. 
 Staivs, &c. to the Inhabitants of the County Wanen of 
 of AiW^/fM and gives leave that the fame (hoiild l'^"" S"nt- 
 be difwarren d and disforrefted, &c. 
 
 In his Sixth Charter the Covenant between «^„ m q^^^ 
 the King's Brother Rich.ird, Earl of Com-wal, 
 and the Mayor and Commonalty of London, 
 concerning Quce7i Hith is repeated, and Queen -^'^^" Hith 
 Hith granted to the City at the Yearly Rent of g""^^^- 
 50 /. to be paid at Two equal Proportions eve- 
 ry Year in CUrhmvell ; which Grant not long 
 after was folemnly confirm'd by the King for 
 him and his Heirs, &, 
 
 In his Seventh Charter he grants to the Citi- 
 zens of London, &c. all their Liberties and Free ^^"-"^ ^"- ^ 
 Cuftoms which they had in the Reign o^ Henry 
 his Grandfather. He appoints that the Mayor jy^j^y^^ f„ ^^ 
 be yearly prefenred to him, or in his abfence, prefenced. 
 to the Barons of the Exchequer at IVcftwinfier ; 
 and allows to the Sherifitb of London yearly 
 7 /. upon account for the Liberty of St. Vauh, Sr. vauC% Li- 
 f^c berty. 
 
 In his Eighth Charter he grants to the Citi- 
 zens of Undon totraffick with their Merchandi- y "flj^SJ''^ 
 zes where they pleas'd , as well by Sea as ^H^^^ lIvA, 
 Land, and grants them a general Immunity 
 from all Toll. &c. 
 
 In his Ninth Charter ; fthe Citizens having H;w.III.Ch.9. 
 forfeited their former Charters j he isreconcil'd Former Char- 
 to them, and grants as follows ; That none of Jt"^ forfered. 
 them be compelled to plead without the Walls 
 of the City, except his Monyers, &c. and in 
 Foreign Tenures , and in fuch other Mat- 
 ters which are contrary to the Peace of the 
 Realm, &c. He grants them likewife Acquit- 
 tal of Murther, as aforefaid , and that they 
 may difcharge themfelves of the Pleas of the 
 Crown according to their Ancient Cufiom; ex- 
 cert only that they ihail not i'vvcar upnn th.o 
 
 (j! a'l-cs 
 
lO 
 
 PottCoktn the 
 
 Liberties 
 
 wirhia tha 
 
 Porcof L«»" 
 
 dan. 
 
 Free Trade 
 
 any where 
 
 * Withernam, 
 in the Com- 
 mon Law is 
 
 The Charters of the 
 
 Graves of the Dead, but that others be ckofen 
 to doth.it which the Deceafed (hould have done 
 in his Life ; and he ailb grants, that none (hall 
 lodge vvicliin the Walls of the City, and in 
 Portfoken, by force or delivery of the Mar- 
 fhall. 
 
 He further grants them Liberty to trade free 
 in any part of his Dominions, and as well on 
 this as beyond the Seas, to b^4ree in all his 
 Sea-Ports from all Toll, Lepage, c^c. exceping 
 only his Cuftom and Prized of Wine, which 
 was for one Tun before, and another behind 
 the Maft 20 /. and withal grants, that if any 
 perfon take any Toll of them contrary to his 
 Grant, that the Sheriff of London fhall take their 
 Goods by ^ Withernam. 
 
 the taking or driving of a Diftrefs to a Hold , or out of the Gounty, 
 where the SherifFcaHnot come upon a Replevin , to make deliverance 
 thereof to the Parry diftraincd. 
 
 Hudings. 
 
 Attorneys. 
 
 Pleadings in 
 
 l^oudon. 
 
 No foredal- 
 ling. 
 
 Gufloms le- 
 vied. 
 
 Goods weigh- 
 ed. 
 
 He farther grants that the Huflings beholden 
 once a Week, and thic the Citizens have right 
 to their Lands and Tenures, according to the 
 Ancient Cuftom of the City; that they have 
 liberty to appoint their Attorney, as well in 
 pleading as defending. That there be noMif- 
 kenning in their Pleas And that of all Debts, 
 Promifes^ &c made in London, Pleas be there 
 holden , according to their Ancient Cuftom. 
 That the Citizens have and hold their Lands , 
 Debts, and Tenures as formerly. That there 
 be no foreftalling, &c. upon the forfeiture of 
 the Goods bought after that manner, and Im- 
 prifonment. 
 
 He likewife grants that no Goods be put to 
 file before the Cuftom be levied, without great 
 Puniiliment , and the forfeiture of the faid 
 Good . That no Stranger buy any Goods be- 
 fore 
 
City of London. 1 1 
 
 fore they be weighed at the King's Beam, upon 
 
 forfeiture of the faid Goods. Further he 
 
 grants, that the Citizens, for the better fecurity 
 
 of their Debts, might have liberty to enrol them Citizens 
 
 in the Exchequer, and that they pay for every Debrs enrol- 
 
 Pound fo enrolled one Penny for his ufe ; and ledmtheEx- 
 
 likewife grants, that they enjoy all their former *^ ^'^""* 
 
 Cuftonis, provided they are not contrary to 
 
 right Law and Jufrice, making a refer vt to jewmnd 
 
 hinifelf couching jFtafj, and Merchant Stran- IV'erchanc 
 
 gers. Straagers. 
 
 FJward the Fifft by Ms Charter appoints that ^^^ . 
 the Mayor be prefented in his Abfence to the 
 Barons of the Exchequer at ^f/ww/?ty, tili his 
 next coming to Wijlrriijifitry ovLonacv, and then 
 to be prefented to himfelf, &c. Or in cafe that ji^^.^j. pjg. 
 he, nor the faid Barons fliall be at London or f-nted. 
 Wiitwtn^tY^ then that he fhail be prefented to 
 the Conftable of the Tower. He alfo grants to 
 the Citizens afortf -id, that they be for everfree 
 from * Pannage, t Pontage , and \\ Murage. 
 That the Sheriffs of London be amerced as the ^^ 
 Sheriffs of other Counties ; and that the Citi- PawnTe^^'or 
 zens enjoy all their former Liberties, Freedoms, Herbage ', a 
 Quintals and Free Cuftoms. Duty giVen 
 
 to the King 
 for Pafturageof Cattle, &c. \ Ponfage \ a contriburion to- 
 
 ward the| repairing a Bridges. (1 Murage , a contribution to» 
 
 wards the repairing old Edifices, or Walls. 
 
 El-iVArd the Second in return for feveral £«'». II. 
 KindneiTcs mentioned at large in his Charter, 
 ^granted to the Citizens of Londen, viz,. That 
 whereas they had aflifiedhim with Armed Foot- 
 men at theCalfleof Lf^r/jin Kent,&c.) Grants 
 that the fame fhall not be prejudicial to the May- 
 or, &c. nor be drawi] into Example. 
 
12 
 
 The Charters of the 
 
 Edw. III. Edward the Third grants the Citizens of Lo/i- 
 
 Ch. I. Jq„ 2. very large and beneficial Charter; Where- 
 
 in according to the great Charter of the Liber- 
 ties of £«j^/<2w^, i.e. Magna Charta, all their An- 
 cient Liberties and Cuftomsare reftored, and all 
 Ufurpations of their former Liberties revoked 
 The Mayor a and annulled. He grants that the Mayor and 
 
 J"^ic«^°,r^^ his Succeffors be one of the Juftices of the Goal 
 
 Goal Delive- ,-. i* c tvt iT i • 
 
 TV of Nem- L)eiivery or JSJewgate, to be named in every 
 
 gate. Commiffion ; and that they have ^ In-fang- 
 
 *Infangthefr, theft, and tOuc-fangtheft, and Chattels of Fe- 
 
 a SaxotiWoid loHS, d^c. 
 
 fignifying a 
 
 Liberty granted to Lords of Manors to judge any Thief taken in their 
 
 Fee t Ouc-fangthefc, a Liberty granted to them to try Thieves 
 
 taken out of their Fee. 
 
 Sheriffwicks, 
 
 Mortmain, 
 
 Amerce- 
 ments of She- 
 riffs. 
 
 Si]e of Mer- 
 chant Strin- 
 gers Goods- 
 Clark of 
 Market. 
 
 He alfo grants that according to former 
 Charters, they only pay 500 /. per Ann. for the 
 Sheriffwick of London and Mtddlejex. He alfo 
 grants to the Citizens of London liberty to de- 
 vife their Lands in London in Mortmain , or 
 otherwife as they were wont in former times. 
 He likewife grants that the Sheriffs of London 
 ftould not be amerced any otherways for the 
 Efcape of Thieves, &c. than other Sheriffs on 
 this fide Trent J and that the Citizens of London 
 fiiould not be charged with the cuftody of thofe 
 that f^y to the Churches within their Liberty 
 for Sanduary. 
 
 He further grants, That all Merchant Stran- 
 gers that corns to England to fell their Merchant- 
 dizes, &c. (hould be obliged to difpofe of them 
 in 40 Days ; That they fiiocld not keep Houfes, 
 but fojourn with the Citizens, &c. He alfo 
 grants that neither the Marfhal, Steward, nor 
 Clerk of the Market of his Houfhold ihould fit 
 or exercii'e any Power witliia the LibtTty of 
 
 the 
 
City of London. i j 
 
 the City. That the Citizens fijould not be for- 
 ced to plead out of the City. That no Efchea- Efcheator. 
 tor exercife any Power within the Cicy, but 
 that the Lord Mayor for the Time being, exe- 
 cute the Office of Echeator, and take an Oath 
 for the due performance thereof, and account 
 with the King and his Heirs. 
 
 He alfo grants, that the Citizens from hence- 
 forth, (hould not be obliged to go or fend to War out of 
 War out of the City. That the Conftable of the City, 
 the Tower, &c. ihould not make any Prizes in 
 any refpecfl, or arreft any Boats b. inging Visu- 
 al to the faid City. That the Citizens as they 
 were wont formerly fhculd have their Keepers 
 among theinfelves to hold their Pleas touching 
 the Good Fairs of England. That the Sheriffs of 
 London take no Oaths at the Exchequer, but up- 
 on the giving up their Accounts. He likewife 
 reftores to them all their former Liberties and p 
 Cuftoms, whichthejufticesof theTl^^i^erintheir bett'iesaiid 
 Circuit had compelled them to claim, &c He Cuftoms r©. 
 grants that one Writ of allowance of their Char- fiored. 
 ter Ihould be fufficient for one Kings time. He 
 likewife grants, that if in the lalt Circuit of 
 the Tower, any thing was done or attempted 
 contrary to their Liberties, that the fame (hould 
 not be prejudicial to them, &c. 
 
 Alfo he grants that the Citizens of London 
 fhould be taxed in Subfic'ies as other Commons 
 of the Kingdom, and not as Citizens. That they 
 be quit of * Tallage, and that the Liberty of the 
 City be not taken into the King's Hands for 
 any Perfonal Trefpafs or Judgment of any Mi- ' Taillage, 
 nilterof the City, e^c:. t'°"'/^\r , 
 
 ' Ffa.ch Word 
 
 Taille, I. e. a piece cut oat of the whole , fignifying , the pajing a 
 part or (hare of a Mm's SuDf ance , by way of Tribute, TciJ, or 
 Tax. 
 
 He 
 
'4 
 
 Purveyors. 
 
 Mo Marker 
 'w^ithi.i o.ven 
 Miles. 
 1»S|L fic-ons 
 taker, in 
 St. Martin's le 
 
 tLdu>.m.Qh.2, 
 
 Southwark 
 
 granted. 
 
 £<^w.III.Ch.3. 
 
 Cuftoms ac- 
 cording to 
 
 Aiagj/aCbarfa. 
 
 Edw.m.Ck^. 
 Maces of 
 Gold and SH- 
 
 fiZ. 
 
 The Charters of the 
 
 He likewife grants that no Purveyor, or any 
 other Officer belonging to him , or his Heirs 
 ftould make any Price of the Goods belonging 
 to Citizens without their confent, nor make 
 any Price of their Wines againft their Wills, &c. 
 He likewife forbids his Purveyors, or other Offi- 
 cers to merchandize in any Commodity that re- 
 lated to their Office. That all Lands, as well 
 without, as within the City, belonging to the 
 Officers of the Market be kept harmlefs, &c. 
 He alfo grants that no Market be within Seven 
 Miles of London. He likewife grants that all 
 Inquifjtions be taken by the Ju/^ices of London, 
 in St. Martins le Grand , and not elfwhere, ex- 
 cept the InquiCitions to be taken for the To-wer 
 oi London , and Goal Delivery of J^ewgate : 
 And alfo he grants, that none of the Freemen 
 of the faid City (hould be Impleaded or trou- 
 bled at the Exchequer, or elfewhere, by Bill, ex- 
 cept it be by thofe things that concern us and 
 our Heirs, &c. 
 
 In his Second Charter he grants to the City 
 of London the YilhgQ of Southwark, with the 
 Appurtenances, paying yearly at the Exche*, 
 quer the Farms rherefore due and accu- 
 ftomed. 
 
 In his Third Charter granted to the City of 
 London, the Tork 3tatute is recited, wherein isen- 
 aded. That all Merchant Strangers as Englifh 
 ihould fell their Commodities, of what fcrtfoe- 
 ver, at any Cities, Towns, or Boroughs, not- 
 withftanding their Charter: Liberties, &c, granf- 
 ed to the contrary. Never thelefs, the Citizens 
 of London are to enjoy their Guftoms according 
 
 to Magna Charta,&'c, 
 
 In his Fourth Charter he grants. That the 
 Serjeants of London may bear Maces of Gold 
 OT Silver within the Liberties of the City 
 
 of 
 
City of LonJon. i 5 
 
 of London, or without in their Attendance upon 
 the King or Royal Family. 
 
 In his Fifth Charter he grants to the City of 5'^'^^. "* 
 London, That the Merchant Strangers coming ,vieich!nc 
 into England fliculd board with a Free Hoft of btrangtrsto 
 the City, and not keepHoufes, and that there board, und 
 fhould be no Brokers from henceforth, but what JJ"^^" ^^^P 
 were chofenby the Merchants which belong fo 
 theMyftery, in which the faid Brokers exercife Brokers. 
 their Office. 
 
 In the fame Charter upon the Humble Peti- 
 tion of the Mayor, Aldermen, &c. The King 
 in Parliament grants to the C ity of Lcndon,That 
 no Stranger Ihould fell any Goods by retail, or Strangers not 
 keep any Houfe, or be a Broker in the faid City ^*^}^^^ ^y ?«" 
 or Suburbs. 
 
 Henrj/ the Fourth in his Charter granted f/;„„iy 
 to the City of London for himfelf and his 
 Heirs, to the Citizens and their Heirs, to have Cuftody of 
 the cuftody as well of the Gates of Ne'wgate and, ^^^^'^• 
 Ludgate, as of all other Gates and Pofterns be- „ , . 
 longing to the faid City ; with the Office of ga- jolh ""^ 
 thering all Tolls and Guftoms in Cheaf, Billingf- 
 gatCy znASmithfeldy and alfo the Tronage, J. e, Tronage, 
 the weighing Lead, Wax, &c. 
 
 Edward the Fourth in his Firft Charter grants Edv. IV. 
 to the City of London, for the more firm and en- Ghar. i^ 
 tire eflablifliment cf the Good Government of 
 the fame, That thev hold and enjoy all their Li- Liberties and 
 berties, and Free C'uftoms, as whole and found ^"^7'""* 
 as they had, and held them in the time of any 
 of his Progenitors. He likewife grants. That Mciynr, Re- 
 the Mayor, Recorder, and Aldermen, and fuch <^^^^^^: and 
 Aldermenas have been Mayors Hiall be Juiliccs ^;idJTufti- 
 of the Peace for the putting all Ordinances ccs. ^ 
 which are for the prefervation of the Peace and 
 Good Governa)SJct of the City, and of tie 
 
 Siilnrbs 
 
\6 
 
 Sheriffs. 
 Accendant. 
 
 Cuf^oms dc' 
 clar'd by 
 word of 
 Mouch. 
 
 Mayor and 
 Aldermen 
 exempted 
 from Juries, 
 
 I 
 
 The Charters of the 
 
 Suburbs and Liberty thereof, as well by Land 
 as Water in Execution ; and that the faid May- 
 or, Recorder, and Aldermen be jultices of O^^r 
 and Terminer, and that the Mayor for the Time 
 being, and his SucceiTor s be of the Quorum. And 
 that the Sheriffs of the Cicy of London be at- 
 tendant upon the faid Juftices, and aiding and 
 aflilHng to them in prcferving the Peace of th« 
 Cicy, as aforefaid, faving always to the faid 
 Mayor , Recorder , Aldermen and Citizens 
 their Cuftoms, Liberties, &c. 
 
 He farther grants to the City o^ LonJoTt, That 
 the Cuftoms of the faid City be certified and re- 
 corded by Word of Mouth ; and that the May- 
 or and Aldermen of the City, and their Succef. 
 fors do declare by the Recorder whether the 
 Things under <3ifpute be aCuftom or not; and 
 alfo grants to the Mayor, Aldermen, and i om- 
 monalty of the faid City, that there be no for- 
 feiture of the Premifes upon the account of any 
 Non-Uferor Abufer, &c. 
 
 He alfo grants to the faid City, That all per- 
 fons inhabiting within the fame, or the Suburbs, 
 or Liberties thereof, rtiould be contributary in 
 proportion to their refpe<5live Faculties, &c. fo 
 all Taxes, Grants and Talliages, e^c. excepting 
 only the Merchants oi Almain, which had a 
 Houfe in London commonly called, Ths Guild- 
 hall of the Almains. 
 
 He likewife grants the Aldermen of the faid 
 City iliould not be put upon Adizes, Attaints or 
 Juries, fo long as they continue Aldermen, and 
 that thofe that have bore rhe Office of Mayor, 
 fliould be utterly exempted for ever. 
 
 He alfo grants, That the Aldermen of London 
 fliould not be Colledors or Taxers out of the 
 Cicy ; and if they (hould be chofen to any of 
 the faid Offices, they fhould not incur any Pe- 
 nalty 
 
City of London. l y 
 
 nalty or Imprifonment , upon the account of 
 their refufal. 
 
 And whereas there were certain Doubts con- 
 cerning the ufe of fome Liberties belonging to 
 the Town of 5c«fi6M'rfr,^, formerly granted to the 
 Citizens of LonJ.on by King Edward the Third, 
 this King grants to the faid City in very large 
 and extenfive manner the faid Town of Siutb- ^g^^r.^^^;, 
 wark, with all the Appurtenances; and alfo all granted," 
 Waifs, Eftrayes, &c. and all Treafure in the 
 Town aforelaid, of all Handiworks, Goods, FelonsGcoJ?. 
 and Chattels of all Felons, Fugitives, and Out- 
 Laws. 
 
 He alfo grants all Goods difdaimed, or found 
 in the faid Town, with all Efcheats and Forfei- Errheafsand 
 tures, as fully and wholly as he Ihould have, if orhcr Forfsi- 
 the faid Town were in his own Hands ; and ^^■^^' 
 that it (hall be lawful for the Mayor, &c. to put 
 themfelves into pofleffion thereof. 
 
 He alfo grants to the Mayor and Commonal- 
 ty of London the Aflize of Bread, Wine, 6^c. and '^^; °f 
 \^iauals, and thiiigs faleable in the faid ^"=^'^''^^*' 
 Town. 
 
 He alfo grants them the Clerkfhip of the Mar- 
 ket belonging to the faid Tovin,with all Forfei- 
 tures and Fines; and that the Execution and 
 Return of Writs, c^c. be by the Officers of the ^'".^'^^ ^^ 
 
 City of London and that neither the King's ^^^'> ^'' 
 
 Clerk of the Market , nor the Sheriff of 
 Surry do in any refpedl intermeddle therein. 
 
 He alfo grants to the Mayor, &c. to ho'd a 
 tair three days in the Year, w^:,, the 7th, 8th 
 and 9th days of Septemkr, and that they may * pypnpjir , 3 
 from time to time have a Court of ^P^fowdtrj, C-vrc hddin 
 With all Summons, Attachments, c?"<:. belong- j'''^*^""^' 
 Ing to the fame, and alfo that they may have a ^'5 ^^ 
 
 iw Yie'^ commitred 
 
 thertio. 
 
I 8 The Charters of the 
 
 tFrankplcdg, view of t Frank pledge^ with all that thereunto 
 
 a Pledg and sppeitailiethj &c. 
 
 Security for 
 
 Freemen of fourteen Ycus of Age, except Clerks and Knights, their 
 
 f ndin? Security towards the King and bis Sub jcfts, ot elfe that they were 
 
 to be lent to Piifon 
 
 He alfo grants that the Mayor, Commonal- 
 ty, or their Deputies may take and arreft all Fe- 
 lons, Thieves, &c. and commit them to New- 
 gate, which are apprehended in Scut hv^ark; and 
 further grants to the Mayor and his Succeflbrs, 
 &c. Tl'at they may forever have theTown afore- 
 faid, with all the Liberties, &c. in as large a 
 manner as if the fame were in his own Hands, 
 paying for the fame only Ten Pounds, for the 
 Ancient Farm, the Rights of the Archbifliop of 
 Canterbury only excepted. 
 Ehf. IV. jj^ j^jg Second Charter he grants to the May- 
 
 II Tounige, a ^^» Commonatly^c^f. the (I Tounage and weigh- 
 Toil orDury ing of Wool, by whom, or from w?hatfoever Parts 
 for weighing brought to thefaid City of London, and that all 
 Goods. Wool that formerly was brought to the Staple 
 
 of IVefi-minfier, be henceforth brought to Le^^f/»- 
 Hall, within the faid City ; and. That there be 
 no other Staple within three Miles of the fame, 
 
 tiv). IV. I" ^^^^ Third Charter hegrants to the Citizens 
 
 Char. 3. of London, &c. upon their releafing of 1925 /. 
 
 - — 9 s. — 8 J. out of a certain Sum of 12923/. 
 
 Porchafein — 9 /. — 8 d. then owing to the City from 
 
 Monniam. ^\^q King,Licenfe to purchafe 200 Marks fer anv, 
 
 in Mortmain ; and alfo grants to any perfon 
 
 liberty to grant to the City oi London 2ooMarks 
 
 pr ann. in Mortmain, asaforefaid, to enjoy and 
 
 hold the fame, without any Letters Patents, or 
 
 any Inquifition upon any Writ of ad quod dam" 
 
 fium, or any other the King's Commandments, 
 
 &c. with privilege to have as many Writs 
 
 of ad qmd damnuniy as fiiall be fufficient for 
 
 their 
 
City of London. 
 
 1 
 
 their utraoft fadsfadion for the faid Sum of 
 1923/.— 9/. — 8^. 
 
 In his Fourth Charter he grants to the faid Edw.lV. 
 Citizens of London in Parliament, in confidera- ^^- 4- 
 don of the Sum of 7000 /. the refpedive Offices ■ 
 of Packing, Portage, Garbling, Gauging, S;"„f^t 
 and Wine drawing, the fame to be ex- 
 ecuted by them, or their Sufficient Depu- 
 ties 
 
 He likewife grants to the faid Citizens, in rojo^gj' Qr 
 confideravion of the Sum of 7000 /. as afore- g^e &e. 
 faid, the Office of Coroner, with Power to the 
 Mayor and Commonalty to grant the faid Of- 
 fice of Coroner to whom they pleas'd .; and al- 
 fo that the Ma} or and Aldermen, &c. as afore- 
 faid, might have full Power and Authority to 
 exercife the faid Office of Coroner : He caufes 
 the Offices of chief Butler and Coroner to be 
 divided, and made two feparate and diftintfl Of- 
 fices — ^and that no other Coroner, but t'xxa Co- 
 roner belonging to the City of London do inter- 
 meddle in any refped- in the faid City. 
 
 Hsr.T} the Seventh grants to the City by his Uen. Vlt 
 Charter, That if any Stranger fo the City of 
 London buy any Wares or Merchandize of any 
 perfon, being likewife a Stranger to the faid Ci- 
 ty, That all Merchandizes fo bought Ihould be Strangers 
 forfeited, e^c. That any Perfon may buy any ^"y'"i^ ^^ 
 quantities of Commodities in Grols, but not ro ^""8^**'^'^ 
 lell again. He likewife confirms to them the Of- Gaugsr. 
 fice of Gauger within the faid City , to hold 
 the fame with ^11 Fees, Profits, &c. 
 
 Bern) Villi in his fir'l Charter grants, I'hat uen. VIIL 
 the In^miitidiiSj &Ci formerly taken in St.Mar- Gh. i . 
 imi k Gfitndi Ifec'tiid be from henceforth taken 'nquifitionj 
 
 n -^ • taken. 
 
20 
 
 Hen. VIII. 
 Cb. 2. 
 Keeper; of 
 the Great 
 Beam and 
 Common 
 Ballance. 
 
 Edrp. VI. 
 South war k 
 Park,8cc. 
 
 Mannorof 
 ScutJrs»ark, 
 and Mona- 
 ftf y of ner- 
 
 The Charters of the 
 
 in Lon^Jon^ except onlylnquifitions taken in Eyre 
 in the Tower of London j and for the Goal Delive- 
 ry of Newgate. 
 
 By his Second Charter he cancels %\x William 
 StJne/s Patent relating to the great Beam and 
 Common Ballance belonging to the City of 
 London, and declares, That the keeping the faid 
 Beam and Weights pertaining to the City by 
 Prefcription; and orders, That the Weights and 
 Beams for weighing MerchantsCommoditiesbe, 
 and ought to be in the Hands of Perfons chofen 
 by the Mayor and Commonalty ; and that they 
 fhall have the Tronage ; that is, the weighing 
 of Wax , Lead , Pepper , AUom , &c. and 
 be Keepers of the Great Beam, and Common 
 Ballance. 
 
 In the fame Charter the Mayor, Commonal- 
 ty, and Citizens are ordained Keepers of the 
 Beams, Weights, &c. with Power and Autho- 
 rity to make and aflign Clerks, Porters, &c. of 
 the faid Great Beam and Ballance, and of the 
 Iron Beam, and of the Beam of the SttH-Tard 
 
 and Weights aforefaid with all the Fees 
 
 and Profits thereto belonging without Account, 
 &c. 
 
 Edward thtSmh in his Charter grants to the 
 Mayor of London, &c. feveral MelTuages in South'- 
 -ivark, with their Appurtenances, excepting the 
 Capital MefTuage , called Southv^ark Place , The 
 Park and Antdofe, with all the Garden Ground, 
 Buildings, &c. thereto belonging—-. 
 
 He further grants the Manor of Southwark, 
 belonging to the late Monaftry of Bermondjeyy 
 with ail the Appurtenances, and alfo the Man- 
 ner and Borough of Southwark^ late Parcel of 
 the Poffeflions of the Archbiihop of Canterhtirj, 
 with feveral other Lands, Tenements, c^<:. in as 
 full and large a manner as the Duke of Suffolk, 
 
 or 
 
City of London. 2 i 
 
 or any Abbot of Bermondfey, or Archbiihop of 
 Centerbury did enjoy the fame; and in as full 
 and large a manner as the fame came , or 
 ought to have come to his Father Hemy VIII, 
 &c. 
 
 He likewife grants in confideration of 5-00 
 Marks paid into the Treafury, &c. feveral other 
 things to the Mayor, d^-^:. T^/^i. Waifs, Eftrays, 
 Treafure found, Goods of Traytors , Felons, 
 Fugitives, Out-laws, and ' Deodands, andal- *D'ocland' 
 fo all Efcheats and Forfeitures formerly belong- Latn figni- 
 . ing to the King and his Heirs, d^r. fits a thing 
 
 gi^enroGod 
 for the pacification of his wrath for any Accident nhereby a Chriftiaa 
 conies to his Death wirhout the default of any Reafonable Creature- as 
 if a Horfe kill hi<( Keeper, or a Carr run over a Man, the Creature'and 
 Inftruments are forfeited to the King , to be diftributed to the 
 Poor. 
 
 Healfo grants. That the Mayor and Com- 
 monalty ftiould have the Affize of Bread, Wine, 
 Beer, and Ale,d"c. and whatfoever did belong 
 to the Clerk of the Market j as likewife the 
 Execution and Return of Writs , Warrants , 
 &c. 
 
 He further grants to the Mayor, &c. as afore- 
 faid, to hold a Fair for three Days every Year in ^o'^ihwark 
 Soutbivarky with a Court of Vypwdtr^ with all ^^'^^' 
 Liberties and Free Cuftom to fuch a Court ap- 
 pertaining. 
 
 He likewife grants them a Vievjr of Frank- 
 Pledge, together with all Summons, Attach- Summons, 
 ments, Arrefts, IlTues, Profits, &c. which there- aS^s^X^^ * 
 fore may, or ought to belong to the King, his ' 
 
 Heirs, and SuccelTors, &c. 
 
 He alfo grants them Liberty to apprehendFe- 
 lons. Thieves, and other Malefadors witlinths 
 faid Town, Borough, e^c and to carry them to f^jo^s fene 
 Nev'gatej there to be kept till they fhali be deli- to Nexp^ate. 
 C 3 vered 
 
11 
 
 The Charters of the 
 
 ] Jury of 
 
 Peiring in 
 Lindon. 
 
 Plaints and 
 Pleas ar;fi.->w 
 "ixxSiu: -'-ark 
 
 Coroners. 
 
 Eicheators. 
 
 Clarlc of the 
 Marker. 
 
 Franchife?, 
 Stallage, 
 Pickaoe, d:. 
 
 Inhatiranrs 
 
 Miyo;'j CJo- 
 vernnisnc. 
 
 vered by due coarfe of Law : And alfo grants, 
 That the Mayor, Commonalty, &c. have the 
 fame Liberties in the Borough and Town afore- 
 faid,asthe King fliouldhave, provided the fame 
 were in his Hands. 
 
 He iikewife grants, That they fhould hold^ 
 Pleas in Lcndon for Ms-tters in Southwark, ano^ 
 that the Jurors in Scutbwark making default be- 
 fore the Mayor and Sheriffs of London^ fl^ould 
 forfeit their Iflues, and fuffer fuch Amerce- 
 ments as the Men Impannelled and Sum- 
 mon'd in the {aid City cf London are lia- 
 ble to. 
 
 He further grants, That the May or and Com- 
 monalty, &c. have cognizance cf all manner of 
 P'eas, Anions, Piaint8,and Suits Perfonal arifing 
 in Scuihivark ; and alfo grants. That the Mayor, . 
 e^c, maychuferwo Coroners in 5<?«;i62r<7r>^. and 
 that no Coroner belonging to the King have any 
 power to ir^ternieddle there. 
 
 He Iikewife Grants, that the Mayor of Leri' 
 don be Efcheator in Soutbwark^Tind that no other 
 Echeator intermeddle : And that the Mayor of 
 the faid Ciiy of Low^fl.-?* be Clark of the Market 
 in Scuthwarky and that the King's Clark oi the 
 Market do not intermeddle, &c. 
 
 He further grants, that the Mayor, Commo- 
 nalty, c^c, of the City of London enjoy all Fran- 
 chifesj Stallages, Pickages, dc which any Arch- 
 Bilhop of Cd^.r?r/-»r/, or the faid Duke of 5//Jfc/^, 
 &c. did enjoy ; and that none of the King's Of- 
 ficcrsorMinilrers do intermeddle in any refpei^fc 
 in the faid Town and Borough of Sowh- 
 
 He Iikewife grants, That all and lingular the 
 Lnhabjrants of Scuthvark be under tbf^ Magiflra- 
 cy and Governnienr of the Mavor and Officers 
 cf Lor^drj, as the Citi7.cns anc3 Inhabitants of 
 
 the 
 
City of London. 2 5 
 
 the faid City be, and that the faid Ma:yor, &c. 
 have the fame Jurifdidion in Scutlwark as in 
 London, &c. 
 
 He grants alfo, That the Mayor , Recor- M-voraiKl 
 det and Aldermen , that are Juilices of the Aldermen 
 Peace in London, Tnall be Juflic^s of the Peace in l^^'f^' ^^ 
 Sctitbwark ; and that there be Markas in South- ^"-^^'^''^^ , 
 wark. four Days a Week. Provided neverths- 
 lefs, that this Grant doth not prejudice the Stew- 
 ard of the King's Houfe,. &c. 
 
 He moreover grants to lave the City harmlefs 
 againft all * . orodies. Rates, Fees and Annui- 
 ties, given out, or to be paid out of the Premi- * q^j.^^,, - , 
 fes, refervingto hifr.felf the Ss vices in the faid Sum of Mo- 
 Charter referv'd, and the Fee Farm of 10 /. per ney, or aa 
 
 y^^ff^ Allou'ance 
 
 of Meat and 
 Drink due to the King out of a Religious Houfe, towards the muinfe- 
 nance of ons of his Servants , which he Ihall think fit to make a PenG' 
 oner there. 
 
 King James the Firft in his Charter, grants Jamst 
 the Mayorjd^'c. to be Chief B.\ylitf and hive the ^^'^ '• 
 confervation of the River of Tbarnes , and the 
 Extent of his Jurifdidion to be Weft ward to „ ..^ - . 
 Staves Bridge, m the County or Aaudlejex, and ^i^,^ p£ 
 Eaftward as far as Kendal, alias, TenJal, or 7>e«-. Thames, 
 bet, with ail the Fees and Profits thereunto be- 
 longing. 
 
 He likewife grants to the Mayor, &c, to have Meafurersof 
 the Ofrice of meafuring all toals and Grain, CojUand 
 and of all Salt, Apples^jC^r. and to take the Fees Grain, Cf. 
 and Profits belonging to the faid Oilice, to the 
 fole Ufe of him the faid Mayor, &c, without 
 any let or hindrance of the King, or any other 
 Perfon, and to hold the faid Office without ac- 
 compt, and that no other Water-Bay liff, Con- 
 fervator, or Meafurer intermeddle : And the 
 Grants of the laid Offices to remain firm to the 
 C 4 MayoiT 
 
^4 
 
 King Jamesl, 
 Chair. 2. 
 
 All Liberties 
 prcftored. 
 
 Preclnfts de- 
 term in d. 
 
 Duke's- Place, 
 
 Black- Fyers, 
 While- iryers. 
 
 ceat antlLit- 
 tJeSt Bartho- 
 lomevo's. 
 
 Cold Har- 
 bourgh. 
 
 Juftic.s of 
 Ojer and ltr~ 
 vumr. 
 
 Tl?e Charters of the 
 
 Mayor, d«r. notwithftandinganyNon-Ufer, or 
 Abufer of the fame. 
 
 King James in the Preamble of this Charter 
 makes a full and general confirmation of all for- 
 mer Charters granted to the City of Lon(lon,^nd 
 repeats the feveral Names of the Corporations , 
 of London ; *and likewife grants them a Rettitu- 
 tion of all Liberties to all Intents and Purpofes, 
 as fully and largely as their Anceftors enjoy'd 
 them ; and although they have not ufed or abu- 
 fed their Cuftoms, neverthelefs he grants, that 
 they may ufe them for the time to come. 
 
 He grants llkewi{e,That they hold their Pre- 
 mifes as they were formerly accuftomed, and 
 determines the Liberties of the City of London 
 to extend and ft retch forth likewife to Dukes- 
 pLce, St. B^nholofnzws Great, and Lefs, Black- 
 Fryivs. Whtte-FrytrSj and Cold-Harhourgh, and the 
 refpedive Inhabitants thereof, to be within the 
 Precind of London, withaProvifo that the In- 
 habitants of Black and fP kite- Fryers be exempt 
 from certain Taxes, Fifteens, &c. and that the 
 Inhabitants aforefaid be quit from the Office of 
 Conftable, Scavenger, &c, 
 
 Neverthelefi he grants, That theMayor,e:^r. 
 by their own Officers may levy all fuch Aids, 
 Tallages, Grants, and Contributions which are 
 not excepted in the faid Charter; and that the 
 Juftices of London fliouid hold Jurifdidion in 
 Black-Frjers^Wbste'FrycrSj Dukes-flacCj Great ^n^ 
 Little St. Bartholomew's , and Cold LLirbourgb , 
 with power to take Security for the preferva- 
 tion of the Peace, and to commit the llefufers 
 to Prifon — - . 
 
 He further grants. That the Mayor and Re- 
 corder, and fuch other Juftices that are cuftoma- 
 rily Jultices in the Cicy,to be Juftices oiOyer and 
 
 Terwiner^ 
 
City of London. 2 5 
 
 Terminer, and that the Mayor for the Time be- 
 ing, and the Recorder be always of the Quo- 
 rum, and that no other Juftices do intermeddle 
 in the City and Liberties aforefald, and that the 
 Sheriffs of London be aiding and affifting to the 
 faid Juftices. 
 
 He likewife grants. That all Treafures found Treafure; 
 within the faid City, all Waifs, Eftrays, and Trove, Waifs 
 all Goods and Chattels of Felons, Fugitives, &c. ^^"ys* ^^• 
 belong to the Did City, and that they have 
 thefe Letters Patents under the Great Seal, 
 without any Fes or Fine in the Flamper, &c. 
 
 In his Third Charter London is ftiled his Roy- jamtsl. 
 al Chamber, and therein is granted, That the Char. 3. 
 City have the M6afuring of all Coals brought to r,^^i^ meafa- 
 the City of London, as likewife che weighing of rgj. 
 Coais, with ail the Fees and Profics belonging 
 to the fame ; and that the faid Office be execu- 
 ted by the Mayor, or his Deputies. 
 
 In the fame Charter the Fees for weighing of 
 Coals are fetled at 8 d. per Tun, the fame to be g ^. p^^ Xun 
 to the ufeofthe Mayor and Commonalty of the 
 City of London ; and withal it is provided, that No unlading 
 no Merchant unlade his Coals till the Mayor till Notice. 
 have notice, to the intent, that having a true 
 Eftimate of the Quantity of Goals brought to 
 the City of Lor.dcv, he may be able tofatisfy the 
 King in that Particular when demanded. 
 
 In the fame Charter all forftalling andregrat- Foreilaliin? ' 
 ing of Coals is prohibited, all felling of Coals of Coals, and 
 by Retail in Lighters forbidden, and no Markets rerailing in 
 for the future to be in Lighters. And further ^'fi^^ers. 
 he grants. That if after the Sealing of thefe Let- 
 ters Patents any defeds fiiould appear, others 
 jdiould be granted more advantageous and ef- 
 fectual. 
 
 King 
 
i6 
 
 Car. I. 
 Ghar. i; 
 
 Liberties re- 
 ftored. 
 
 Soil of the 
 
 Streets and 
 
 Thames, 
 
 Charters of 
 Hen. VI. 
 ifiadc void. 
 
 Mayor, ^ Re- 
 corder, and 
 AlJsrmen 
 madejufti- 
 
 ces. 
 
 Sefllons to'in- 
 quire of 
 Weif hr.« and 
 Medfbres.d'"f. 
 
 JocJiiaments, 
 Froceff, &c. 
 
 The Charters of the 
 
 KingCharles the Firft begins his Charter with 
 an acknowledgment of the good Services of the 
 City of London, and confirms all their former 
 Letters Patents, except thofs in the fame Char- 
 ter excepted. He likewife repeats the feveral 
 Names of the Corporations of London, and 
 makes aReftitutionof all their Liberties, except 
 fome few that are therein excepted. 
 
 In the fame Charter a Recital is made of the 
 Charter of the 26th oiOBober, in die z^d Year 
 of Hen. VL and likewife the Soil, &c. of the 
 Streets, and of the Thames, granted co the City; 
 and then ail the Charters of the faid King Hen- 
 ry the Sixth are made void, and fome Doubts 
 mentioned concerning the validity of the Char- 
 ter granted to the City of London the ^otb of 
 Henry the Seventh ; after which the faid King 
 
 Ci&Wej grants as follows 
 
 That the Mayor, Recorder and Aldermen 
 belonging to the City of London be Juftices of 
 the Peace ; and to commit thofe to the Prifon 
 of Newgate, &c. who fh^ll refufe io find Secu- 
 rities for the prefervation of the Peace, as afore- 
 faid j' and to do and execute all fuch things 
 which Juftices and Keepers of the Peace in 
 any County of England do , or are wont 
 to do. 
 
 He likewife grants, That Four of the faidju- 
 ftices, the Mayor, or Recorder to be always one, 
 may hold a Seffions, to enquire into feveral Of- 
 fences, 'vix,. into Weights and Meafures, and 
 felling Vi(5luals contrary to Statutes, &c. To 
 receive and infped into Indictments taken be- 
 fore ti-r?>Tt, to make and continue Piocefs, and 
 punlfa Ofi^nders according to the Laws of the 
 Kingdom, and the Cuflom of the City. And 
 alfo grants them power to execute the Lav./s as 
 
 fj!!y 
 
City of London. 27 
 
 fully and largely as any other Juflices of the 
 Peace in any other County : And that the She- 
 riffs; &c. attend, z\d and aflift the faid Juftices 
 whendefired. 
 
 He aifo grants them the Forfeicure oFRecog- Forfeitures of 
 nizances, particularly thofe relating to Baliard- ■^^'^j?"'^*"' 
 Children, Inmates and Alehoufes, with Pvscog- ^^J^^'' ^""" 
 nizances for Appearances at the Sefficns cf 
 Goal-Delivery , Fines and liTues of Jurors 
 within the City of London'^ excepting only Roy- 
 al ilTue , &c. 
 
 He like wife grants them all Recogn5z;?nces 
 taken, cr to be taken, for the Security of the 
 Peace or Good Bebaviourj with all Recogni- 
 zances taken in the Court for the River of pj^g^ ^, 
 Thames, and all things thereunto appertaining ; mercements, 
 as likewife all Fines, Amercements and Penal- and Penalties, 
 ties adjudg'd by the Mayer. &c, relating, or 
 any ways belonging to his faid Courts, as Con- 
 fervator of the River of Thames ; and alfo all 
 Fines, d^c. impofed by Commiffioners of Sew- 
 ers, the fame to be holden to the faid Mayor, 
 &c. without Account. 
 
 He likewife grants to the Mayor, Commo- 
 nalty, and Citizens of London, and their Succef- 
 fors, the Fields commonly known by theName uoor-fields 
 of MooY-Fkldsy both Outward andlnwa^'d, and granted, 
 likewife the Field commonly called Wefr-SvArh- f^</?-i««;Y^- 
 fdd, with liberty to hold Fairs and Markets in s/j.^ets ^^(^g^ 
 thefaid Fields,with all Tolls, Profits, d^^. there- common- 
 unto belonging. Referving the Streets, Wafte- foil, 
 ground , Common Soil^ &c. within the City 
 and Liberties. to hold the fame in Free Burgage, 
 and not in Capite, v/ith Pardon and Rerait- 
 tAHce of all liTues relating to the faid Premifes, 
 vithout any Writ of y^*<^ t^uod damr.um, and alfo 
 pardon of all Intrufions, except fuch which re- 
 late to Churches, and Church- Walls. 
 
Spices garb- 
 led. 
 
 Tobacco 
 garbled. 
 
 Office of 
 Gauging. 
 
 Keeper of the 
 Great Bal- 
 ance. 
 
 Outroper's 
 
 Office. 
 
 Freemsns 
 Widows to 
 ufe \its,&:. 
 
 The Charters of the 
 
 He alfo grants the Office of Garbling Spices, 
 &c, to the Mayor and Cicizens of London, The 
 faid Mayor, &c. to hold and enjoy the faid Of- 
 fice, with all the Fees, Profits, &c, without 
 rcndring any Account to the King, his Heirs, 
 or SuccefTors, the Garbling of Tobacco only 
 excepted. 
 
 He likewife grants to the Mayor, Commo- 
 nalty and Citizens, the Office of Gauging, with 
 all the Fees, Profits, and Emoluments lawfully 
 belonging to the faid Office, the fame to be ex- 
 ecuted by them or their Deputy, without Ac- 
 count, and the Fees, &c. to be appointed and 
 allowed by the Lords, Chancellor, Treafurer 
 and Prefident of the Counfel, and the Two 
 Chisf-Juftices of the Kingh- Bench and Common' 
 Tleas. 
 
 He alfo grants to the Mayor, Commonalty, 
 and Citizens the Office of Keeper of the Great 
 Ballanceor Weight within the City of London, 
 for weighing all Merchandizes of Aver du potty 
 and alfo all other Weights for weighing any fort 
 of Wares or Merchandizes within the faid City, 
 with all the Fees and Profits, c^t. thereto belong- 
 ing, &c. 
 
 He alfo grants to the Mayor, Commonalty, 
 &c. the Office of Outroper, or Common- Cry- 
 er, with liberty to exercife the fame by ihem- 
 felves, or Deputy. The faid D paty to be cho- 
 fen by the Mayor, Commonalty, and Citizens 
 in Common-Council , with power to take the 
 Fees exprefled in a Schedule annexed to his faid 
 Charter , and that no other prefume to fell 
 any Goods by Outcries within the City and 
 Liberties of London , under the pain of the 
 Royal Difpieafure. 
 
 He likewife grants, That Fieemens Widows 
 fliould ufe their Husbands Arts and Manual Oc- 
 cupations, 
 
City of London. 20 
 
 ■xupadonSj^fb long as they continued Widows, 
 notwithftanding the Statute made the ^th Year 
 of the Reign of Queen Eli-z.abe:hj or 'axiy other 
 Statute to the contrary. He like wife for the be- 
 nefit of the City of London grants, That thsre No Market 
 be no Market within feven Miles of the U\C\ within Seven 
 City; and further grants, that according to the ''^*^"* 
 Ancient Cuftom of the faid City, the if^'ayor 
 and Aldermen, &c. fhould record their CuOcrrs 
 by the Mouth of their Recorder, touching any Cnftoms re- 
 Plea, Deed, Caufe or Bufinefs relating to the ^^^^^^ '^''»'* 
 City of London. '"'"^' 
 
 He further grants to the faid Mayor, c^r. all 
 Treafure found in the City of Lcndon, and Li- f^^^^^^^f 
 berty thereof, with all Waived or ftrayed Goods Trove, Waifs, 
 and Chattels of all Felons, Fugitives, &c. He t^nys,&c. 
 likewife grants, That the Mayor oiLondon^ioi Two Alder- 
 the time being, fhould nominate Two Alder- men, one a 
 men for Juftices of the Peace, the one to a<a, Juftice for 
 and be inferred in allCommiffions in MiddUUx. ^'f'^^;;«. tlig 
 
 ^u .L • r. orher lor Sut' 
 
 the other in Surry. 
 
 He likewife grants, touching Freemen, That 
 the Sons of Freemen and others, fhould be obli- Freedoms to 
 ged to take up their Freedom, &c. and that no be taken up. 
 perfon fliould tranfport any Goods from the 
 Port of London, or ufe any Merchandize with- 
 in Ten Miles diflance of any Port, thereof, 
 without becoming a Freeman , and producing 
 a Teftimonial under the Hands of the Cham- 
 berlain, to prove the fame ; and that no Mer- Merchants 
 chant, free of Londorty from henceforth, tske Apprentices, 
 any perfon to ferve him after the manner of 
 an Apprentice, for any kfs Term than Seven 
 Years. 
 
 He likewife grants the City of Itf«//cw a Court 
 of Confcienccor Requefl , for the trying all Court of 
 fmall Debts under 40;. chefaid Court to be kept Gonfcience. 
 in the Ctithl-Hallj and the Proceedings co be Ly 
 
 way 
 
JO The Charters of the 
 
 way of Plaint and Summons, and the Officers 
 
 of the faid Court to be in the cheice of the 
 
 Mayor, Commonalty, ere and to take fuchFccs 
 
 which are exprefled in cheSchedule annexed to 
 
 his Letters Patents. 
 
 He alfo grants to the Mayor, Commonalty^ 
 
 Brokers of and Citizens the Office of Brokers of Pawns, 
 Pawns. 0.^^ gj^j jl^gf jj^g pgg5 (3g j}^g ^^jjjg jI^^j ^j.g g^_ 
 
 prelTed in the Schedule annexed ; And that the 
 ^.^ Citizens for the better finding out their refpe- 
 
 hmigout, * *^^^^ Dvyellings, might hang out Signs. And 
 likewife grants to the faid Mayor, Commonal- 
 Keepers of ty, &c. the keeping of the Hofpital called Beth- 
 BethlehemUo- /ebeWj withMannors, Lands, &c. belonging to 
 ^"^ * the(ame ; and the better to enable them to (up- 
 
 port the Burthen of the Poor in the Houfe cal- 
 led. The Houfe of the Poor in F/ef- Sfmtbjield^ 
 hegrants that the Mayor, rj>c. ihould be Gover- 
 nor of the faid Hcfpi.tal of Bethlehem, and that 
 the Revenues &c, be applied to the Ufes before 
 menticned. 
 j. J. -J- He alfo declares, that no Leafe of any Ho- 
 fp'tj^LanJ?." fpical-Landsfbould be let foranyTerm of Years, 
 exceeding One £ind Twehty. He furthermore 
 Five Acres grants tQ the Mayor and Commonalty, &c. Li- 
 ef Land in berty to purchafe five Acres of Land in St. Giles's 
 \h^Fidf^^ in the Fields, notwithlianding the Statute of 
 Mortmain, e^t:. with Liberty to build on the faid 
 five Acres without any Royal Licenfe ; and 
 withal grants, that thefe Letters Patents, snd 
 the Inrolment fhould be good and firm, and ef- 
 fecflual in Law againft him and his Succeflbrs, 
 without any other Toleration, or Confirmstion, 
 &c. and that the faid Letters Patents fiiould be 
 fealed by the Great Seal of England ^ without 
 paying or making any Fine or Fee in the 
 Hunjuc;r» 
 
 .et 
 
City of London. 3 1 
 
 Fees to be taken by the Common Ontroper* 
 
 For felling of all Goods \ in every Shilling. 
 For writing and keeping the Books i i>€my 
 ferl. 
 To the Cryer for crying the Goods i /. 
 
 Fees taken by the Regiflerfor Brokers, 
 
 For theBond to be enter'd into by d, qj 
 every Broker 5 Brogger 5 orHuckfter> 08 00 
 in the Chamber, j 
 
 For everyBargain,ContraA,Pawnj . 
 for jOr upon which there (hall be lent, / , 
 
 or given i s. or above, and under C ^^ 
 S s. -> 
 
 For every the like for which fliall") 00 oi 
 be lent j s. or under 20 j. 3 
 
 For every the like for which flialH 
 be lent 20 s, or more, and under> 01 00 
 40 ^. • 3 
 
 For every the like upon which 7 ^^ 
 fhall be lent 40 /. or more. 3 
 
 Court of Confcience in London, Clerks Fees. 
 
 For eve'y Plaint 02 00 
 
 For every Appearance 02 00 
 
 For every Order 04 00 
 For every Remittance to the Com- ") 
 
 mon-Law 3 ^ 
 
 For every Receipt or Warrant to 7 ^ 
 
 commit to Prifon 3 ° °^ 
 
 For every Search 02 00 
 
 For every Satisfaftion Acknow-? , 
 
 ledged en an Order X ''''' 
 
 For 
 
3 1 The Charters of the 
 
 d. q. 
 
 For warning every perfon within 7 
 the Liberties C °4 oo 
 
 For warning every perfon with- 7 
 out the Liberties j" °^ °o 
 
 For ferving every Precept or War- 7 ^ . -,q 
 rant 3 
 
 King CW/ej theFirft in anbther Charter, in 
 conHderation of 4200 /. creates the feveral Offi- 
 Paclcage, ces of Package, Portage, or Balliage, and after 
 Pottage, grants the fame to the Mayor, Commonalty,eJ^f . 
 of London, with all the Fees and Profits expref- 
 fed in a Schedule anneTied to the faid Charter; 
 Scavage. and alfo the Office or Employment of Scavage, 
 with all the Fees and Profits exprcfs'd in theTa- 
 ble, &c. paying > early to the King and hisSuc- 
 ceflbrs three Vound ^m SbllUfigs and Eight Pc««; 
 helikewife empowers theMayor,?^r. to admini- 
 fter theOath in the cafe of concealed Goods,err. 
 S^:^ All which Charters were confirm 'd by King ' 
 Chafterscon- Charles the Second, at We{}?ninfier, the 24r/6 Day 
 Hrm'd. cHJuMy in the 15?^ Year of his Reign, 
 
 Note that by a Judgment in the ; ^ih Year, 
 Car. 2. the Franchifes of the City o{ London were 
 feized into the King's Hands, upon a pretended 
 forfeiture, but by Stat. 2 W. and M. Self. i. 
 c-f. 8. reciting, that whereas a Judgment was 
 g\^'<ztl\nthQ Ktn^\' Bench mTrinity-Ttrm, in the 
 Q^'io Warranto, 3 ^fZ» Year of King Cbi>r!es 11. in a Quo Warranto 
 3y. Car. il. againft the Mayor, and Commonalty, and CJm'X" 
 z^ns o^ London, That the Franchife of the faid 
 City fhould be feized into the King's K^rnds, as 
 forfeited , which Proceedings were Illegal and 
 Arbitrary ; it is enacted. That the faid Judg- 
 ment, and every other Judgment, given or re- 
 corded iu the faid Court, for feizing the Fran- 
 
 chir<3 
 
city of London. 3 ] 
 
 chife of the faid City into the King's Hands, 
 be revers'd and made void, and Vacats entred 
 upon the Rolls. 
 
 That the Mayor, Commonalty and Citizens 
 of London^ do remain a Body Politick, by the 
 Name of Mayor and Commonalty, and Citi- 
 zens of the City of London, &c. without any 
 feifure or forejudger of the faid Franchife, &c. 
 upon pretence of any Forfeiture or Mifdemea- 
 nour done, or to be done ; and to have and en- 
 joy all their Rights, Charters, &c. which they 
 lawfully had at the time of the recording or giv. 
 ing of the faid Judgment. 
 
 That all Charters, Letters Patents, &c. for 
 incorporating the Citizens and Commonalty of 
 the faid City, or any of them, and Charters, 
 &c. concerning any of the Liberties, &c. Lands 
 and Tenements, &c. Rights, Titles or Eflatea 
 made fince the faid Judgment, by the Late King 
 Charles U. or. K. James. IL are thereby decla- 
 red void. 
 
 Alfo the Officers, Companies and Corpora- 
 tions are reftored, &c. and perfons admitted 
 fince the faid Judgment into Freedoms or Live- 
 ries of the faid Companies, according to the 
 Cuftom of the City, fhall enjoy the Rights and 
 Liberties of Freemen and Liverymen ; and this 
 AA is reputed a genera! 2i)d publick Acl of Par- 
 liament. Seethe5/;?f. 
 
 Note , That by Stat, de Gavde', lo Ed. 2, 
 the Lords of Rents in Lcmdon may recover them 
 by a Writ of Gavelet in. their Hufiings ; and 
 in default thereof, the Lands in Demc;£e. 
 
 By Stat, 28 Ed, 5. 10. The Mayors, Sheriffs 
 and Aldermen of Lovdon^iiX caufe Errors, De- 
 fi-'uhsand Mifprillons there to be redrefied, on 
 pain to forfeit for the firft Default looo Mark*; ; 
 
 U for 
 
3 4 7 '^^ Charters of the 
 
 for the fecond 2000 Marks, and for the third, 
 to have the Franchife and Liberty of the City 
 feized : And their Defaults herein ftiall be in- 
 quired of by Inquefts of Kent, EJJex, Sujfex, 
 Hertford , Buckingham, and Berks, as well ac 
 the King's Suit, as of others that will com- 
 plain. 
 
 The Mayor, Sheriffs, and Aldermen being 
 indi(3:ed, {hall be caufed by due procefs to come 
 before the King's Juftices affigned thereunto out 
 of the City, and there fliall be made to anfwer 
 as well to the King, as to the party grieved ; 
 and their Try al (hall be by Foreign Inquefts, as 
 aforefaid ; whereupon if they be attainted, the 
 faid pain fhall be levied upon them , and 
 the Plaintiffs alfo fhall recover Treble Dama- 
 ges. 
 
 4. In the profecution of fuch Suits, the Con- 
 flable of the Toiver, or his Lieutenant (hall ex- 
 ecute all Procelfesin the City, which ProcefTes 
 fliall be by Attachment, Diftrefs and Exigent : 
 And in the King's Cafe the Exigent fliall be 
 awarded after the firft Capias returned ; but af- 
 ter the return of the Third Capiar, at the fuitof 
 the Party. 
 
 5". If they have Lands out of the City, Pro- 
 cefs fhall ilTue againfl them in the County 
 where fuch Lands be by Atiachment and di- 
 ftrefs. 
 
 6. Every of them that appear fliall anfwer 
 particularly for himfelf, as well at the pe- 
 ril of him that is abfent, as of himfelf 
 
 7. This Ordinance fhall extend to all other 
 Cities and Boroughs throughout the Realm ; 
 Howbeit, the Inquefts in fuch cafes fliall be ta- 
 ken by Foreign People of the Counties wher.^- 
 in fuch Cities and Boroughs are fltuate; 
 and ths pains to be fet upcn them fliall 
 
 be 
 
City of London. ? ^ 
 
 be adjudged by the Juftices thereto af- 
 Hgned. 
 
 By Stat. I H 4. ly. the Penalties of 1000 
 and 2000 Marks fimpofed by the Statutes of 
 x8 Ed. 5, ) fhall not be limited to a certainty, 
 but the Penalties (hall from henceforth be left to 
 the difcretion of the Juftices thereunto affigned^ 
 in like manner as it is for other Cities and Bo- 
 roughs. 
 
 19 Car. II. Caf, 5. An A<5t was made for the 
 fpcedy rebuilding of the City of London, and 
 the IJniformity of the New Building, and 
 for the preventing outragious Fires. Sec the 
 Statute. 
 
 22 Car. II. cap. 11. another Ad made con- 
 cerning the rebuilding of the City of London ; 
 See the Statute. 
 
 Stat. 22 & 25 Car, II. cap. 17. concerning 
 places for Common-Sewers, Drains and Vaults, 
 and paving and pitching of Streets, &c. 
 
 Stat. I jac. II. cap. 1 5". made for finifti- 
 ing the Cathedral of St. PWs See the Sta- 
 tute. 
 
 Tloe Cufloins of London for Tayment 
 of Tytfpu^ Sec. 
 
 BY an Ad of Parliament made in the i^dnv^ 
 2^d Year of King Charles the Second, ic 
 is ordained and cnaded, " That the Annual 
 *' certain Tithes of all and every PariO^ 3nd Pa- 
 "ri(hes within the Q'liy of London, arul Liberties 
 ** thereofjWhofe Churches have been demoliihed 
 ^'by the Dreadful Fire : And which faid Pa- 
 D 2; riOies, 
 
^6 Cuftoms for Tythes of 
 
 " rifhes, by virtue oF an Ad, 22 Car. II. cap. 11. 
 
 Intituled, An Additional Atl: for Rebuilding of the 
 Ct'.y of London, Uniting of PariJIicf, &c. " re- 
 " main and continue fmgle, as heretofore they 
 " were, or are by the faid k^ annexed or uni- 
 " ted into one Pariih refpedively, ftall be as 
 *^ folio weth : 
 
 " The Parifh of Alhallows Lombardfireet ; One 
 
 " hundred and ten pounds. 
 " St. Bartholomew Exchange ; One hundred 
 
 " pounds. 
 " St. Bridget, alias Bridga ; One hundred and 
 
 " twenty pounds. 
 *' St. Bemet Fmck ; One hundred pounds. 
 " St. Michael Crooked-lane ; One hundred 
 
 " pounds. 
 « St. Chri/iopher ; One hundred and twenty 
 
 " pounds. 
 " St. Dion/s Backchurch'^ One hundred and twen- 
 
 " ty pounds. 
 «' St. Duncan's in the Eafl ; Two hundred 
 
 " pounds. 
 " St. James Gaflickhith ; One hundred pounds. 
 " St. Michael Cornhtll ; One hundred and forty 
 
 *' pounds. . 
 
 " St. Michael Bajjlfhaw; One hundred thirty and 
 
 " two pounds eleven fliillings. 
 " St. Margaret Lothbury ; One hundred po^n^^. 
 " St. Mary Aldermmbury^ One hundred andht- 
 
 " ty pounds. 
 " St. Martin Ludgate ; One hundred and/ixty 
 
 " pounds. _ 
 
 " St. Peter Cornhil; One hundred and ten - 
 "pounds. J J 4 
 
 ^' St. Stephen Coleman-Jlreet ; Ons hundred and 
 
 " ten pounds. 
 " St. Sepulchre ; Two hundred pounds. 
 
the City of London. 37 
 
 ^Sc. AlbaVo-ws Bread/iraet J and St. JokfiEvarge- 
 
 " lif} ; One hundred and fifty pounds. 
 *^ Alhallows the Great, and AlhallcwstheLeJs^Tmo 
 
 "hundred pounds. 
 " St. Alba-fi IVoorljireefy and St. Olaves Sihe)^m'; 
 
 " One hundred andfeventy pounds. 
 " St. Anne and Ag^es, and St. John Zacharj\ One 
 
 '^ hundred and forty pounds. 
 "St. Augufiin and St. Faith ^ One hundred fsven» 
 
 " ty and two pounds. 
 ^' St. Andrew ff'arJrck and St. Anne Black-F'/jirs; 
 
 " One hundred and forty pounds. 
 " St. Ar,thol'm and St. John Baft/fi j one hundred 
 
 "and twenty pounds. 
 " St. Bennet Gracechurcb, and St. Leonard Ea^chzaf^ 
 
 " One hundred and forty pounds. 
 ^^'bK. Bennet Vaui\-wharf, and St. fetcrs P^itil's- 
 
 " wharf ; One hundred pounds, 
 *' Cbrif^cbsrch and Sz, Leonard Fojier-lane j Two 
 
 *' hundred pounds. 
 *' St. Edr/jond the King, and St. Nicholas /icons 
 
 " One hundred and eighty pounds. ; 
 
 •" St. George Botolphhm , and St. Botolpb B:!~ 
 
 " lingsgate ; One hundred and eighty 
 
 " pounds. 
 
 " St. La-ivrencefury, and St. M.tgdalen Milkjfreeti 
 
 " One hundred and twenty pounds. 
 " St. Magnus and St. Alargaret Njw-Fifiijfreet ^ 
 
 ** One hundred andfeventy pounds. 
 "St. Michael Roy 4 and St. Martin Vmtry j One 
 
 " hundred and forty pounds, 
 " St. Matthew Friday-[ireet, and St. Veter Cheap \ 
 
 *^ One hundred and fifty pounds. 
 " St, Mara-ctrct Fattens 3.ud St. Gabriel Fenchurch \ 
 
 " One hundred and twenty pounds. . > 
 " St. Mury at Hilly and Sc Andrew HuhbarJ-y Two 
 " hundred pounds. 
 
 D 5 St. 
 
^8 Cujioms for Tythes of 
 
 ■'* Sit. Mary Pf^oolnotb and St. Mary ffcolcharch^OnQ 
 
 *' hundred and fixty pounds. 
 ''St. CUncent Eaficheap and St. Martin Organs 
 
 " One hundred and forty pounds. 
 '^ St. Mary Abcburch and St. Lawrence Votmtney ; 
 
 " One hundred and twenty pounds. 
 " Sii. Mary Aldermary and St.ThcMas Afoftles'y one 
 
 " hundred and fifty pounds. 
 ** St. Mary le Boiv , and St, Pancras Soperlane , 
 
 " and Alballows Homy lane ; Two hundred 
 
 " pounds. 
 " St. Mildred Tcultrj and St. Mary Cokchurcb ; .one 
 
 " hundred and feventy pounds. 
 " St. Michael Wood^reet and St. Mary Staining^ 
 
 '•' One hundred pounds. 
 "St. Mildred Breadfireet and St. Margaret Mofes ^ 
 
 " One hundred and thirty pounds. 
 " St. Michael Queenhitb and Titinity ; One hun- 
 
 '•' dred and fixty pounds. 
 " St. Magdalen Old'Ftp)(ireetSLn6 St. Gregory ; one 
 
 *' hundred and twenty pounds. ' 
 
 " St. Mary Somerfit and St. Mary Mountbaw ; one 
 
 "hundred and ten pounds. 
 " St. Nicholas Cokabby and St. Nicholas ; One 
 
 '' hundred and thirty pounds. 
 *' St. Olave Jury and St, Martin Ironmonger la f;e ; 
 
 " One hundred and twenty pounds. 
 " St. Stephen IValbrook and St. Bennet Sheethogg ; 
 
 " One hundred pounds. 
 " St. Switbin and St. Mary Bothaw j One hundred 
 
 *' and forty pounds. 
 " St. Vedafi^ alias Fofters^ and St. Michael Quern > 
 
 One hundred and fixty pounds. 
 
 *• Thefe refpe^live Sums fo to be refpedivety 
 "aiTelTtd, d'-ff. (hall be, and continue to be 
 " eOeemed, deemed, and taken to all intents 
 *' and purpofcS; to be the refpe(5tive certain Ar- 
 
 rrjal 
 
the City of London. jp 
 
 * nual maintenance (over and above Glebes and 
 ' Perquifites, Gifts and Bequefts to the refpedt- 
 
 * ive Parfon, Vicar, and Curate of any Parifh 
 'for the time being, or to his or their refpedive 
 ' Succeflbrs, or to other perfons for his or their 
 
 * ufe) of the faid refpedive Parfons, Vicars, 
 
 * and Curates, who fhall be legally Inftitated, 
 
 * Induced and Admitted into the refpedive Pa- 
 ' rifhes aforefaid. 
 
 In which Ad there is a Provifion in thefs 
 Words : 
 
 ' That where any of the Parifties within the 
 ' faid City, have fincethe late Fire, by Death, 
 *or otherwife. become vacant, the furvivingor 
 
 * remaining Incumbent of the other Parifli 
 
 * thereto united , or therewith confolidated , 
 ' (hall have and enjoy, and have like remedy to 
 
 * recover theTythes hereby fetled to be paid, as 
 
 * if he had been aduaily prefented, admitted, 
 
 * inliituted , and induded into both the faid 
 
 * Parifties , fince the Union and Confolidation 
 ' thereof. 
 
 * That the Aldermen of fuch refpediveWard 
 
 * or Wards within the faid City, wherein any 
 
 * of the faid Parifties lie, and his or their Depu- 
 
 * ty or Deputies, and the Common Council- 
 
 * men of fuch refpedive Parifti wherein the 
 
 * maintenance aforefaid is refpedively to be af- 
 'felTed, to be nominated by fuch refpedive Al- 
 ' dermen, Deputy, Common Council-men, and 
 
 * Churchwardens, or any five of them, whereof 
 ' the Alderman or his Deputy to be one, fhall 
 ' at fome convenient and feafonable riiiie before 
 
 * the 20tb Day of May , 1671. aCTemble , i^c 
 ' and they, or the major part of them fo aiTem- 
 ^ bkd, ftiallproportionably affefs upon all Hou- 
 ' fes. Shops, Warehoufes and Cellars, Wharfs, 
 'Keys, Cranes, Waterhoufes, and To'ts of 
 
 D 4 Ground 
 
40 Cuftoms for Tythes of 
 
 Ground remaining unbuilt, and all other He- 
 reditaments v/hatfoever ( except Parfonage 
 and Vicarage Houfesj the whole refpedive 
 Sum by this A6J: appointed, or fo much of it 
 as is more than what each Impropriator is by 
 this A<ft enjoined refpedively to allow, in the 
 molt equal way that the faid Affeirors, accord- 
 ing to the beft of their Judgments , can 
 make it ; which faid Affellments '(hall be 
 made and finifhed before the z^^th of July then 
 next. 
 
 * That if any Variance or Doubt happen to 
 ariie about any Sum fo aflelTed as aforefaid, or 
 that any Pariihioner or Parilliioners, or Own- 
 er or Owners of any Houfe, Shop, Ware- 
 houfe or Cellar, Wharf, Key, Crane, Water- 
 houfe , or other Hereditament within any of 
 the faid Pariihes, ftiall find himlelf or them- 
 felves aggrieved by the alTefling of any Sum or 
 Sums of Money in manner and form afore- 
 fiid, that then upon complaint by the party 
 or parties aggrieved to tlie Lord Mayor and 
 Court of Aldermen of the faid City, within 
 foarteen days, after notice given to the party 
 cr parties affeifed of fuch Alfeffmenrs made, 
 the faid Lord Mayor and Court of Aldermen, 
 fummoning as well the party or parties ag- 
 grieved, and the Aldermen and fuch others as 
 made the faid Afieilment, fhall hear and de- 
 termine the fame in a fummary way, and the 
 Judgment by them given l*iall be Final, and 
 without Appe,?!. 
 
 'That any Aifefsment or Rate to be made 
 by virtue of this Ad, fhall or n)ay in all or 
 any the Pari(hes aforefaid, in like manner be 
 received or altered, or laid again within three 
 Months after the ^^'h Day oijune^ 1674, ac- 
 cording to the aforefaid Rules, and any futh 
 
the City of London. 4^ 
 
 AfTefsment or Rate (hall or may be again re- 
 ceived or re-aflfefsed within three Months af- 
 ter the 24?^ Day of June 1681. And that all 
 and every fuch new AlTefsment and Rate (hail 
 be liable to the like Appeals as aForefaid, and 
 Ihall be colleded. levied, and paid as any other 
 AlTefsment or Rate mentioned in this Act, 
 may or ought to be. 
 ' That if any the Inhabitants in any refpc- 
 d\vQ Parilli or Pariihes as aforefaid, fiiall or do 
 refufe or negleA to pay to the refpedive In- 
 cumbents aforefaid, of any of the faid refpe- 
 <5live Pariines, any Sum orSumsof Money to 
 him refpcifHvely payable, or appointed to be 
 paid by this Ad^ or any part thereof, contrary 
 to the true intent and meaning of this AA 
 (being lawfully demanded at the Houfe or 
 Houfes, Wharf, Key, Crane, Cellar, or other 
 Premiifes whereout the fame is payable; that 
 then it Ihali and may be lawful to and for the 
 Lord Major of the City of London for the time 
 being, upon Oath to be made before him, of 
 fuch refufil or neglect to give and grant out 
 Warrants for the Officer or perfon appointed 
 to colkd-l: the fame, with the afiifbnce of a 
 Conftable in the Day time, to levy the fam.e 
 Tythesor Sums of Money fo due, and in ar- 
 rear and unpaid, by Dilirefs and Sale of the 
 Goods of the party or parties fo refusing or neg- 
 lecting to pay J reftoring to the Owner or 
 Owners the Overplus of fuch Goods over and 
 above the faid Arrears of the faid Moneys fo 
 due and unpaid ; and the reafonable Charges 
 of making fuch Diftrefs; which he is to dedu<5l 
 out of the Moneys raifed by fale of fuch 
 * Goods. 
 
 In 
 
41 
 
 Cujloms for Tythes of 
 
 The Cuftcm 
 
 o^ Alh allows 
 touching the 
 choice of 
 Churchwar- 
 dens. 
 
 In London the 
 Parfori and 
 Churchwar- 
 dens are a 
 Corpora ciom 
 
 In purfuance of which AxS the Lord Mayor 
 upon complaint to him made by any Miniftec 
 againft any Pariihioner, for refufing to pay the 
 Rate afTelted, will caufc fuch Pariihioner to be 
 fummoned toapp'ear before his Lordrtiip ; and 
 if he refufe to appear, or to pay the Money af- 
 feffed on his Houfe or VVarehoufe, his Lordfhip 
 will, upon Oath made of the Demand thereof, 
 grant his Warrant to diftrain the Goods of fuch 
 Offender : If the Lord Mayor and Aldermen 
 negled to execute , the Lord Chancellor or 
 Keeper, or Two Barons of the Exchequer may 
 do it ; and where the Parishes became vacant 
 fince the Fire, the furviving Incumbents of Pa- 
 rifiies therewith confolidated, fliall have like 
 remedy for Tythes, as if ai^lually prefented,c^c. 
 in both Parifhes fmce the Union. 
 
 Note, That by the Cuftom of the Parifh of Al- 
 hallows in Lendon, the Parifliioners everyYear 
 ufed to ele(5l Churchwarden one of the faid 
 Parifli who had born the Office of Scavenger, 
 Sidefman,or Conftable; and that every Year 
 one that had been ele(5led Churchwarden, is 
 eleded to continue a Year longer, and to be 
 the Upper- Churchwarden ; and another is 
 chofen to him , who is called the Under 
 Churchwarden,* fuch a choice was made in 
 the faid Pariih, notwithlbnding which Ele- 
 ction the Parfon nominated one C. to be 
 Churchwarden , and procured him to be 
 fworn in the Ecclefiaftical Court ; and this 
 by colour of the Inte Canons ; That the Par- 
 fon fhould have the eledion of one of the 
 Churchwardens ; and this being againft the 
 Cuflom, a Prohibition was prayed, and it was 
 grnnted : For it being a Special CuOom, the 
 
 Canons 
 
the City of London. 4j 
 
 Canons cannot alrer it ; efpecially in London 
 where the Parfon and Ghurchv^ard^ns are a 
 Corporation to purchafe Lands and demile 
 their Lands ; Cro. Jac. y^z. Warner\ 
 Cafe. 
 
 One was placed as Clerk of St. Catherwfs Cok- ^ - , 
 rnanfireet by the Paifon, according to the theVeftry 
 Canon ; That the Parfon of the Church chufea 
 fliould have the placing of the Clerk ; but Clerk. 
 the Parifliioners difturbed him upon pretence 
 of a Cuftom to place a Clerk there by the E- 
 ledtion of their Veftry ; and upon that fur- 
 mife the Churchwardens and Parilhioners 
 prayed a Prohibition, and it was granted ; 
 for it is a good Cuftom, and the Canon 
 cannot take ic away. Cor. Jac. 670. 
 
 The Archbifliop never makes a Vifitation io Archbifliop 
 
 LorJo'ri Diocefs, for there hath been for long never pjakes 
 
 lime a Compofition betwe-sn the Bifhop of ^ny Vifitati- 
 
 Lond(m, aixd the Archbilhop of Canterbury^ DIoTefwnft 
 
 That if any Suit be begun before the Avchbi- city. 
 fhop, it ftiall be always permitted by the Bi- 
 ftiop ef London ; 2 Cro. 240. 
 
 Tkc 
 
44 Cujloms for ^rijage of 
 
 The Cuflom of London concerning the 
 Trijdge of Wine. 
 
 T 
 
 T is to be obfervedj That King FJwarti the 
 Third in the Firft Year of his Reign, doth 
 by his Letters Patents bearing Date the fame 
 tinfie, grant unto the Mayor and Commonalty 
 of London ; That no Prifage (hall be of any of 
 the Wines of the Citizens of London ; but they 
 fhall be free, and difcharged from the payment 
 of al! manner of Prifage. Now one George 
 Hangerb&'wg a Citizen and Freeman of london'^ 
 and Refient within the City, fraught four feve- 
 lal Ships with Merchandize to be tranfported 
 beyond the Seas; the which four Ships being 
 disburthened of the faid Merchandize, and la- 
 den with Wines , two of the Ships came up 
 the Thames of Londofty and before any unbulk- 
 ing of them , George Hat^ger maketh Franca 
 H^^^fr being his Wife, his Executrix, and dieth. 
 Afterwards the other two Ships came up to Lon- 
 doji ; Sir Thomas fValler being chief Butler of the 
 King by virtue of Letters Patents made unto 
 him; demandeth the payment of Prifage of the 
 faid Trances Hanger for the Wines in the faid 
 four Ships, 't//.?:,. To have of every of the Ships 
 one Tun before the Maft,and oneotherTun be- 
 ^, hind the MalV: that being the cuftom ; fhede- 
 Term^gllfl- ^^^^^ ^'^^ payment of it ; whereupon the faid 
 rot. 163. '« ^^"^ '^^^^^'^^ ■duller exhibiceth his Information in- 
 Banco R'z'u. to the King's- Iknch againft the faid Fr^awa'^^ 
 Hanger : Who pleadcth a Special Plea in Bar, ^ 
 jhewing tic who e matter asabovefaid; upon 
 wliicli Sir Thorfvas demurs : 
 
 nccs , 
 3ar,l 
 pon] 
 
 Tk^ 
 
the City of London. ^ ^ 
 
 The Q^efiiom of ibis Cafe were two. 
 
 1. Firft, Whether for the Wines which came up the 
 Thames in the Two Ships before the Death of 
 George Hanger , a7iy Prifage ought to be faid 
 unto the King or not ^ 
 
 2, Secondly, Whether any Prifage ought to he paid 
 for the Wines which were upon the Sea in the Ships 
 before the Death of the faid George Hanger, hat 
 came not Up the Thames until after the Death of 
 George Hanger ? 
 
 This Cafe was argued at feveral times^ by 
 Learned Coupfel on borh fides; and laftly, by 
 the Judges of the King's-Bench. 
 
 And Sir Edward Cook^ Sir Cbrif^opher Ttlverton, 
 Sir David Wi/lsamSf and Sir Jchj Dodndge v/ere i^i^ Judges 
 of opinion, That Judgment ought to be givin ftr for the De- 
 Frances Hanger agaivf; Sir Thomas Waller ; ftndant. 
 and that all the Ships ought lo be dij charged of the 
 payment of Prifage by -virtue of the faid Charter made 
 by Edward the Third unto the Mayor and Ccmmo- 
 -nalty ofLondoH : And that for the Reafons fcU 
 lowing : 
 
 FfT/?, In regard that thefe Wines in each of 
 the four Ships aforefaid , remained (nocwifn- 
 ftanding the Death oi George Harger) to be ft ill 
 the Wines of George /x.J7?g-f r j for if FrjTices Ihrgcr 
 the Executrix were to bring an A^ion for the 
 recovery of them, fiiefLould bring an Adtion as 
 for the Wines of George Ha-^igtr^nwl ii Fm-ices Har^gc r 
 fhould be waived or attainted of Felony or 
 Treafon, thofe Wines fhould not be forfeited ; 
 So if a Judgment in Debt or other A<*iL'a 
 fhould be had agaiiift FrnGn.} Hang'r-- asExeca- 
 
46 Cufloms for ^rifage of 
 
 t:iKO? George Hanger, thefe Wines fhould be ti- 
 ken in Execution as the Wines of George Hanger^ 
 And therefore they are difcharged of Prifage 
 within the Words, Intent and Meaning of the 
 before recited Charter made by King Erhvard 
 the Third, which pointed rather at the Wines 
 than at the perfon cf George Hanger^ 
 
 P * "ledee Secondly, In regard that Frances Hanger being 
 
 to the Repre- ^^® Executrix of George Hanger, is the reprefen- 
 fentative, tative perfon oi George Hanger as to thefe Wines; 
 fo that fuch Privil edges and IinTnunities as 
 George Hanger was to enjoy if he had been living, 
 the fame fhall Frances Hanger have benefit of 
 after his Death. And therefore \{ Frances Hanger 
 had been a Nun, yet as Executrix and Repre- 
 fentative of the faid Gecrge Hanger, flie (hallfue, 
 and befued, as concerning the perfonal Eftate 
 of the TeHator, fo far as Gtorge Hanger himfelf 
 might fue, or be facd. 
 
 Thirdly, This Charter made by King VAward 
 the Third, being a Charter only to difcharge 
 the Citizens of London of the payment of Prifage, 
 and not a Charter whereby the Prifage of the 
 Gitizeni of London is granted unto others, (hall 
 have a liberal conftrudion, and not be drained 
 unto a fpecial intent as a Patent of charge /hall 
 be : For it is evident by divers Cafes in our 
 Books, that Frances Hanger being an Executrix, 
 fhall be taken to be within the remedy of an 
 Ail of Parliament, to difcharge her felf of a 
 Burthen impofed upon her in refpe^t of George 
 Hivger her Tefrator, notv^ithftanding there was 
 nzvQi fo much as any mention made of her as 
 Executrix, in the Ad: of Parlisment. And 
 therefore Frances Hanger being an Executrix, 
 fnaii have an At c^.int upon thi; Statute of 2 5 H. 8. 
 
 cb. p. 
 
the City of London. ' 4;^ 
 
 chap. 5. to difcharge her felf of a falfs Verdid 3 s^'^- Dy. 
 given againft George Hanger ; v/hcT^y his Goods ^°°' 
 are to be charged; and f et flic is not named in 
 the Ad of Parliamen t. So Frances Havger being 
 an Executrix, (hall have a Writ of Error upon 
 the Statute of 27 jE//2i. chap. 8. in the Exchequer ^fl\^^^ 
 Chamber, to difcharge her felf of an Errone- 4gnt\Qdi. 
 ous Judgment given into the KingVBench 
 againft George Uaiigery whereby his Goods are 
 fubje<5l to an Execution. Likewife if George 
 Havger be Outlaw'd upon a Writ oi Cap. adfa- 
 tisfaciend* awarded upon a Judgment given in 
 Debt, or other perfonal Adion againft him. 
 Frames Haider as Executrix of George Havger ^ 
 fliall take advantage of a General Pardon made 
 by Ad of Parliament in the Life of George 
 Hanger y and flsall be fufFered to plead it, and to 
 give fatisfa^ion of the Judgment given againft 
 George Hanger, v/hereby (he may be enabled^ to 
 take benefit of the pardon; the which being fo, 
 that Frances Hanger is a perfon capable to dif- 
 charge herfelf of a Falfe Verdid, of an Errone- 
 ous Judgment , of an Outlawry pronounced 
 againft George Hanger her Husband, where the 
 Statute by precife Words doth not relieve her ; 
 a fortiori fhall Frances Huhger in the Cafe at the 
 Bar, be enabled to difcharge her felf cf thePri- 
 fage of thefe Wiqes, within the Charter of £</* 
 ward the Third. 
 
 Fcnrthly, There being notlijng dene in the 
 Cafe at the Bar , to prevent George HiTgtr 
 whereby his Wrnes fhould be made uncipat ie 
 of the difcharge of the payment of Prir<^gc, hue 
 only the Death of G^or^c Havgo- before chedif- 
 burthening and unLidini; of hisS .:ps ; and this 
 being only the Ac: of Gcd^ His'l /;oc tLi;n lo 
 his prejudice ; it being a Maxim and Principle 
 
 or 
 
48 Cufioms for ^rljage of 
 
 of the Common Laws of the Realm, that the 
 A<5tof God fiiall never prejudice, in cafe where 
 there is not any Latches in the party. 
 
 Fifthly f It is to be obferved, that this Charter 
 to be discharged of the pavment of Prifage 
 granted by King Edward theThird, was granted 
 unto the Mayor and Commonalty of London^ 
 which is a Body that never dieth ; and fo how- 
 ever that George Hanger, unto whom (as unto a 
 Member of that Body) the priviledge of that 
 Charter is diftributed, be dead ; yet the Mayor 
 and Commonalty continuing the Priviledge and ' 
 Immunity of George Hargtr, to have his Wines 
 difchargcd of the payment of Prifage will 
 live. 
 
 Sixthly, That becaufe this very Cafe had re- 
 Rat. 9. ceived formerly the Refolution of three Barons 
 
 in the Exchequer, upon an Information exhibi- 
 ted there by Sir Thomas Walkr , that Frances 
 Hanger fliould be difcharged of Prifage for the 
 Wines in all the Four Ships^ Whereupon SlrTk- 
 mas difcontinued his Information, and exhibi- 
 ted it dt ricvo in the King's Bench; whereby he 
 would rake the Opinion of this Court likewife ; 
 and there having been former Opinions concei- 
 ved for the difcharge of them, it is more agree- 
 able with Reafon to have this Opinion confirm- 
 ed, than oppofed. 
 
 But Sir Thomas Fleming, Sir john Crook, and 
 Sir Robert Haughton upon the Realons hereafter 
 enfuing, were for Judgment to be given for 
 Sir Thomas iValler; and that Prifage ought to be 
 paid for all the Wines. 
 
 
the Ciiy of London, 4^ 
 
 Firf}j In regard the Charter extendeth only 
 to difcharge Tuch a perfon as \s a Citizen cf 
 London of the payment of Prifage ; and Gecr^s 
 Hanger being dead, is no longer a Citizen. 
 
 Secondly, This Piiviledge is in refped of the 
 perfon who is the Owner of the VVines , and 
 not in refped: of the Wines themfelves j and 
 there being a remotion of the perfon, there is a 
 remotion of the Exemption it lelf ; And though 
 a Tenant in Ancient Demefne, by the Com- 
 mon Laws of this Realm , be discharged of 
 the payment of Toll, yet if he die, his Execu- 
 tors fhall pay a Toll for the Goods of the Teila- 
 ftor : Infomuch, that it was only a perfonal 
 Priviledge which dieth together with the 
 perfon. 
 
 Thirdly ^ Prifage is a Flower of the Crown, 
 and ought to have a ftrid Ccnlirudicn ; fo 
 as none may take benefit of it, but only fuch as 
 are within the precife Words of the Charter ; 
 and though the Wines in the Ship may be faid 
 to be the Wines of George Havger to a fpecial In- 
 tent; that is to fay, for the payment of his 
 Debts, Legacies, &c. 3 et may they not be faid 
 to be the Goods of George Hazger to every In- 
 tent ; fo that Frances Hanger the Executrix may 
 'difpofe of them according to her will and plca- 
 fure. 
 
 Fourthly, Prifage being a thing which is not 
 due until fuch time as the Bulk be broken ; and 
 the Duty accrued, the Charter (hall not extend 
 to difcharge the Wines in the Hands of the Ex- 
 ecutrix ot the payment of Prifage. 
 
 E Not« 
 
JO 
 
 Cujloms for Trifage of 
 
 The Niture 
 of Prifag:;. 
 
 T^e Guftom 
 of Prifage. 
 
 Butkrage 
 whqt. 
 
 Note, There were feveral Matters confiderable 
 in the Cafe : 
 
 I. The Nature of Prifage : It is a certain Duty 
 which the King and his Predeceflbrs by them- 
 felves or Officers by Cuftom Time out of 
 mind, hath ufed to take for the provifion of 
 his Houn5old5of all £«^///fc Merchants, of all 
 Wines whatfoever which they bring from be- 
 yond the Seas into the Coafts ot England: 
 Its a Duty certain, as to the Time when he 
 fliall take it ; and in refped of the place 
 ^where to be taken, and in refpe(a of the 
 Quantity: As to the Time, it is to be taken 
 upon the breaking of the Bulk of the Ship, 
 and not before. As to the Place ; he (hall 
 take one Tun behind the Maft, and the other 
 Tun before the Malt. And as to the certain 
 Quantity, it is manifeft by divers Ancient 
 Records : For if a Ship haveTenTun in her, 
 and under the number of TweniyTuns,then 
 the King is to have ore Tun only ; if the 
 Ship containeth Twenty Tuns and more, 
 then the one to be taken behind the Ma ft, 
 and the other before ; the King paying for 
 the Portage 20 j. 
 
 Now Merchant Strangers by the Charter of 
 Lex Marcatoria 21 Edw. I. are difcharged of 
 the payment of Prifage ; in lieu whereof the 
 Merchant Strangers grant to the King 2 s, of 
 every Tun of Wine brought in by them, 
 within 40 Days after it is brought into the 
 Port ; the which 2 j. is called by the Name of 
 Buderage; becaufe the Chief Butler by reafon 
 of hisOfficeis to receive it; but they who buy 
 Wines beyond the Seas tor their own fpend- 
 ing, ftall pay no Prifage. 
 
 2. Pfi- 
 
the City of London. ^ : 
 
 Prifage fliall not be faid to be due till fuch Time wheri 
 time as the Bulk be broken ; for the Mer- Prjfsge is 
 chant ought to be fecured of their fafe con- ^"^' 
 du(5t, till fuch time as they are come into Port 
 where they unlade ; for they may be driven 
 Into Port by Pirates or violence of Tempeft, 
 their Cocket fliewing their courfe to be bent 
 unto another Port. 
 
 The Prifage of Wines is a Flower of the 
 Grown j yet it is not fuch an infeparable 
 Flower of the Crown but that it may well 
 snough be granted over ; for it is a matter of 
 profit and benefit which may redound to the 
 tCing, 
 
 ,e Merchants bringing Cuftom to.theKing, 
 and filling his Coffers, and fupplying hisSub- 
 jeds with NeceflTaries, do increafe the Ho- 
 nour of the Nation by Commerce, and the 
 Strength of the Nation by Shipping, and it 
 is reafon that Charters made in their favour 
 fhould receive a benign Interpretation ; ^nd 
 tuoreefpecially all Merchant Strangers had at 
 this time a Charter of difcharge for the psy- 
 tfient of Prifage, but only that they were to 
 pay 2 s, in the Tun ; and if the LcrJon Mer- 
 chants had not had a Charter of Difcharge, 
 the Merchant Strangers would have a [for ck J 
 their Wines cheaper. 
 
 As to what perfons (hall be difcharged of the 
 payment of Prifage within the Words of this 
 Charter, it will be manifefted by (hew- 
 ing the diftindions and degrees of Cici- 
 aens. 
 
 E 2 Tberd 
 
5 i Ctiftoms for ^njage of 
 
 There is mention made of five manner of Ci 
 zens, viz.. 
 
 Five Manner ^"^^ '^^' ^^ ^ Citizen olLoTidcn forbearing 
 
 of Citizens of OfSces of the City, and to fuch fpecial Inter 
 
 Undin. becaufe he is aFreeman of the City,but if hi 
 
 not a Citizen in refidence, but liveth elfewhe 
 
 fuch a Citizen fhali not be difcharged of F 
 
 fage, V'uk Trin. 4 H. 6. Rot. 14. 
 
 z. Such as are Citizens in refpeA of th 
 Freedom, and likewife in regard of Refidei 
 within the City, but do not keep a Family 
 Houfhold in the City, but are Inmates or \ 
 j'ourners, fuch Citizen is not capable of t 
 Immunity ; for fuch a Citizen is not fubj 
 to Scot and Lot as he that is an Houfhold 
 Vtde Hill. 43 Eliz.Rot. 22. 
 
 3. The Third fort are fuch as do refid^^a 
 keep a family intheCity^ but arenotFrsem 
 cf the City, fo as to be chofen into any Offi 
 they are not capable of the difcharge of F 
 fage. 
 
 4. Some are Citizens and Freemen , a 
 do rciide or keep Families in Lcndony and i 
 not continuing Citizens at the time of thsBi 
 broken, and the Ship unladen, for they w( 
 disfranchifed before, thefe ftiail not enjoy t 
 privil edges, forafmuch as they were not cori 
 nuing Citizens at the time as the Prifage ou§ 
 to be taken. 
 
 J. Such as are Citizens, Freemen, rcfide 
 with Families, and continuing Citizens st t 
 time as Prifage ought to be taken, thtf^ i 
 fuch as are intended by . this Charter ; a 
 
the City of London. 5 j 
 
 a Woman is within the Intent of the 
 arter. 
 
 ' iaftlyj He that would have Wines difcbarg- 
 ' of the payment of Prifage , ought to 
 * e a property in them -, fibi, folum^ & 
 ! Der ; and he ought to have jm fofjefi(mjs & 
 vroprietatis : Therefore if a Citizen and a Fo • 
 ner be joint Merchants of Wines, now the 
 jiesof thefe joint Merchants fhall not be dif- 
 Tged of Prifage, for that the Citizen hath 
 ^the fole property in them ; ahter of two Gi- 
 ns joint Merchants ; becaufe they are the 
 les of the Citizens, according to the exprefs 
 ds of the Charter. If a Citizen and Frce- 
 have Wines pledged to him by another 
 Kn and Freeman , thefe Wines upon their 
 ing home ihall not be difcharged of the pay- 
 t of Prifage , for that the Citizen hath on- 
 r^ccial property in them. If a Citizen do 
 Wines with intent that a Foreigner upon 
 J coming home (hall have thefe Wines, now 
 i Wines (hall not be difcharged of Prifage, 
 his Deceit fliall avail him no more than if 
 •,^ izen'buyCloathin London for a Foreigner, 
 ^*iall defeat the Cultom of Foreigners, to 
 1 the forfeiture of them. 
 
 n 
 
 E ? 
 
 twi- 
 
5 I Cupoms for Suiiding 
 
 Concerning btilUing on Old Foundation 
 and fto(>^ing of Lights, in the City 
 London. 
 
 T T 13 warrantable by the Cuftom of Lond 
 I to rebuild any Houfe upon the Old Fot 
 oation, where the Ancient Houfe flood 
 height, at pleafure of the Party, although 
 rebuilding, the Lights of his Neighbour be ft 
 ped up, unkfs there be fome Writings to 
 contrary. 
 
 The Cafe nxas thus, 
 
 "^rin.Term. Reginald Hughs being feized in his Demc 
 1 hc^ Rfsis as of Fee, of an Ancient Houfe in the Parifl 
 Ro;. T490. <it. Olives, in the Ward oi Queen Hit be, Lon 
 in i\\Q South part of which Houfe had been tl 
 Ancient Lights (tiipe out of Mind.) Ant 
 Ktcm having taken a Leale for 5 1 Years, fi 
 the Redor and Guardians of the Parllh Cht 
 of St. Michael at Queen Hithe by Indenture 
 Ruinous Houfe and Yard next adjoining t 
 the fiid Houfe, with a Covenant to belto 
 Hundred Marks at the leaft, upon the rei 
 > ing or new building thereof; doth withinf 
 Years pull down the faid Houfe, and buj 
 new one in the place, and likewife upon^ 
 Yard ,• whereby the three ancient Light 
 Hi^hs Houfe were ftop'd up ; wherei 
 Hughs bvm^s his Aiflion upon the Cafe a 
 X. «'Wj for flopping up the faid Lights ; 
 which Kefffi pleads a Special Plea in Bar, ^ 
 ing the Ruinoufnefs of the Houfe, an^ 
 Leafe made by the ReB.ov and Guardians, 
 ^he Covenant cojpprifed within the Lcafe^ 
 
in the City of London. j 5 
 
 alfo fhews a Cuftom in London ; That if one 
 have an ancient Houfe, wherein there are anci- 
 ent Lights, and one otlier hath a Houfe adjoin- 
 ing upon that Houfe ; he that hath the adjoin- 
 ing Houfe may well enough enhance his Houfe, 
 or build a new Houfe upon his Ground, and 
 ftop up thofe ancient Lights, unlefs there be 
 fome Writing to the contrary. And he doth 
 aver in faBo, that there was no Writing to the 
 contrary; and that he according to the Cuftom, 
 did take down the old Houfe, and build anew 
 one upon the fame Foundation, and upon the 
 Yard oppofite unto the faid Lights, whereby 
 they were flopped up ; and hereupon the Plain- 
 tiff demurs. 
 
 The Queftions of this Cafe are. 
 
 Firft, Whether it he lawful for a man to huild a 
 Houfe upon bis own Ground, whereby the Lights 
 of an Ancient Houfe are /lopped, there being no 
 Custom to enable him ? 
 
 Secondly, Whether the Cu(lom of London will en- 
 able a man to build a new houfe from the ground , 
 where no Houfe formerly was , whereby • be may 
 jlop the ancient Lights of his Neighbour's 
 Houfe, 
 
 Thirdly, Whether upon aji Ancient Foundation a 
 Houje may lawfully be enhanfed , fo as it fhall 
 flop up the Light of the Neighbour's Houfe adjoin- 
 
 
 
 As to the F/V/?, It is clear by the Opinion of Que ft, i. 
 
 Sir Thomas Flem^jin^j Chief Juftice of the King's 
 
 Bench, Sir Chnflopher Telvenony Sir David WiHi- 
 
 amsj and Sir John Crook, Juftices of the King's- 
 
 E 4 Bench, 
 
<6 
 
 Cujhms for Hudding WM 
 
 Bench, that there being no Cuftom, it is not 
 lawful to ere(^a new Houfe -upon a void piece 
 of Ground, whereby- the old Lights of an anci- 
 ent Houfe may be flopped up ; for the Rule of 
 Equity and Law faith, Utcre tuo, ut alkvum ron 
 Udas ; and the Light which cometh in by the 
 Windows, being an eflentialpart of the Houfe, 
 by which he hath three great Commodities, that 
 is to fay, Air for his Health, Light for his pro- 
 fit, profpe(5l for his pleafure, may not be taken 
 aw,iy no more, than a part of his Houfe may 
 be pulled down, whereby to ered- the next Houfe 
 ndjoinirg. And with this Refolution agreeth 
 the Cafe of Ehlrcdy reported by Sir Ednu Cook, 
 tldnd\Ci^>^' in his jNinth Report, foL 5^3. where hefheweth- 
 the Ancient Form* of the A»2ion upon the Cafe 
 to be (jziod meJJ'uitgitiTn kornia tcnihritate chicura- 
 turn fult ; but if there be hindrance only of the 
 rviV mhan's profpe<5l by the new erccled Houfe, and not of 
 Rtforrsisr. the Air, nor of the Light, then asi Adicn of 
 ^he Cafe will not lie, infomuch that the profpec^t 
 is only a matter of Dolight , and not of N'e- 
 ctffity. * 
 
 -^ -,. . 2. As to ilic ScccnJ, It was refolved by i..>. w- 
 
 pinion cf the afcrefaid Judges, That the Cu- 
 ildm of LofiJcn will not enable a Man toeiedt 
 a new Houfe upon a void fpace of Ground, 
 whereby the ancient Lights of an old Houfe are 
 Oop'd up : For Firfr, the Owner of the old 
 Houfe having poileffion of a lawful eafement 
 ^nd profit which hath been belonging unto the 
 Houfe by prcfcription, time out of Mind, may 
 not be prefcribcd out of it by another thwarting 
 Cuftom, which hath been alfo ufed time out of 
 Mind ; but the latter Cuftoni (liall rather be ad- 
 jur'ced to he vo»d ; and prefcription againft a 
 pr<;fcription will never b'e allowtd by ths Law. 
 
in the City of London. 5:7 
 
 2My. It may well be that before tinie of Memo- 
 ry, the Owner of the faid void piece of Ground 
 granted unto the Owner ot the Hcufe, to have 
 his Windows that way without any Hopping of . 
 them, the which being done, and continued 
 accordingly, hath begotten aprefcription^which 
 may not be defeated by the Allegation of a ge- 
 neral Cufiom ; and with this Refolution doth 
 agree a Cafe adjudged, Trin. 29 Eltz,. Rof.^2^^. 
 in the King's-Bench ; where upon an Adlion 
 upon the Cafe brought by JhcmasBkcnd againft 
 Thomas Mcflej, for ere<^ing of a Houfe in the 
 County of the City of Tork, whereby the anci- 
 ent Lights of his Houfe were liopped up : The 
 Defendant did plead a Cuftom for the City of 
 Tork , as there is here for the City of Lcr.don, 
 and adjudged that the Cufiom was nought, 
 whereupon th^ PJairitifFhad his Judgment: But 
 if the Koufe? had been new crcd:ed Houfes, or 
 otherwi(eWindo'V5 had been newly made Win- 
 dows in that ancient Houfe, the eredicn of 
 that new Houfe upon that void fpace of ground, 
 would have been lawful, notwithflanding that 
 the Windows and Lights be flopped up i for i: 
 ''■all not lie in the power of the Owner of the 
 r:cient Houfe by fetting out his new Windows 
 to prevent him, that hath the void piece 
 o£ Ground, from making the beft benefit 
 of it. 
 
 As to the Third Point, Ic was conceived, that 
 if the new Houfe be only eredled upon the an- Qi'^J^' 5- 
 dent Foundation, without any enlargment ei- 
 ther in Longitude or Latitude, howfoever it be 
 made fo high that it ftoppeth up the Lights of 
 the Old Hcufc, yet he is not fubjecit unto any 
 A<?iion, becaufe the Law authorizeth a Man to 
 Fmild as high as he may upon an ancient Foun- 
 dation, 
 
5 8 Cujloms for ^mldhw 
 
 dation, and it is no reafon to foredofe a Man 
 from making his Houfe convenient unto his 
 Eft ate and Degree, by building up higher, when 
 tliere is no other Impediment, but only fome 
 Windows which are built out over his Houfe; 
 and agreeing to this feemeth the old Book of 
 4 E. ;. 15-0. to be, where an Affize of Nufans 
 was brought for ereding his Houfe fo High, 
 that the Light of the Plaintiff in the next adjoin- 
 ing Houfe was difturbed by it ; but if the new 
 builded Houfe exceeded the ancient Foundati- 
 on, whereby that Excefs is the caufe of ftop- 
 'ping up of Lights, then is he fubje<5t unto the 
 A<?don of him whofe light is flopped up, as it 
 may appear by 22 H, VL 25-. And in theCafe 
 at the Bar, Judgment was given for the Plain- 
 tiff, becaufe he had brought his Adion for build- 
 ing of a newHoufe upon a void piece of ground, 
 by which hisWindows were ftopp'd up: And be- 
 caufe the Defendant in his juftification did not 
 fet forth by way of pleading. That he diderec^ 
 this his New Building upon the old Foundation 
 only, as he ought , the Plea was ill ; and 
 the Vlaintijf had good caufe to demur in 
 Law. 
 
 Note, Alfothe Defendant doth not byway of Allega- 
 tion fet forth the Act of Parliament for confirming 
 of their Cuftoms • and that AEl is a private A^i', 
 of "which the Court here is not to take notice^ un- 
 Ujs the Jame be ffsciallj alledged by the 
 Tarty. 
 
 A Man brings an A<^ion for flopping upThree 
 AnciencLightSjfor^/i/er.TheDefendantconfeffeth 
 the flopping up two of the Lights, and part of 
 the thiid, and iliews the Cuflom oi London ,( as 
 aforer.iid) and afterwards takes a Traverfe in 
 
 this 
 
in the City of London. ^p 
 
 this manner ; ai;f<^ue hoc, that he ftopp'd up the 
 three Lights, aliter vel alio modo ; this Plea is not 
 good : This Traverfe goes to the two Lights 
 before mention'd ; but as to the third, in part, 
 this is no Anfwerat all; he ought to have plead- 
 ed not guilty, as to the refidue, and not to have 
 taken a Traverfe, i. Bulfi, ii6. NewaB and Bar- 
 nard. 
 
 It is a Cuftom in London to put Ladders, or piadng L 
 place Poles ('but not to break Ground) upon dets on ot 
 the Land or Houfes adjoining, for repairing a Men's groi 
 Man's own, and this forneceffity. ^°^"''^- • 
 
 Cujlorns as to Landlords and Tenants. 
 
 IF Leffee within the City beaFugitive,wherc- 
 by his Goods within the Houfe be arretted, 
 yet the Landlord /hall be ferved before all 
 others f but the King) being behind by two 
 Years, and for fo much Rent in Arrear, Goods 
 (hall be left in the Houfe to the Ufe of the Land- 
 lord. 
 
 And though the Leffee within the City com- 
 mit Felony or other Contempt, by which his 
 Goods and Chattels become fubjed to forfei- 
 ture, yet the LelTor ftiall be paid his Rent for 
 two Years, out of the Goods found within the 
 fame Houfe. 
 
 By the Cuftom of London every Tenant be- 
 fore he leaves his Houfe fliall give warning to 
 the Leffor, andfo the Leffor to his Leffee, ac- 
 cording to the Laws of the City in that Cafe 
 pfovided. 
 
 
Cujloms for building 
 
 It isfaid to be the Cufrom of the City, That 
 thofe which have Tenements within the faid 
 City , (hall not be fuffer'd to ftrip or wafl their 
 Tenements in DemefnCjnor to pull them down 
 in deforming or defacing of the City, unlefs it 
 be to amend them, or build them up again ; 
 and any that doth it, or beginneth to do it, 
 /hall be punifiied by the Mayor and Aldermen 
 for the Offence, according to the Cuftom of 
 the City. 
 
 Alfo, If Walls, Penthoufes , or other Hou- 
 fes whatfoever within the faid City ftretcbing 
 to the High Street, be fo weak or feeble, that 
 the people pafling by miftruft the peril of feme 
 fuddain* Ruin, then after it is certified to the 
 Mayor and Aldermen by a Mafon,and Carpen- 
 ter of the City fworn, or that it be found in the 
 Wardmote that the danger is fuch, then the 
 fame Mayor and Aldermen lliall caufe the par- 
 ties to be warned to vyhomthe fameTenements 
 belong, to amend them and repair them fo foon 
 as conveniently he may; and if after (pch warn- 
 ing they be not amended, nor begun to be 
 amended within forty Days then next follow- 
 ing, then (hall the faid Tenements be repaired 
 and amended at the cofl and charges of the faid 
 City , until the Cofts be fully levied of his 
 Goods and Chattels, or other his Tenements if 
 need be. 
 
 Alfo, If any Houfe be found within the faid 
 City^ or the Suburbs of the (ame, covered with 
 Straw, Reed, or Thatch, he to whom the Houfe 
 belongeth, fliall pay to the Sheriffs for the time 
 being forty Shillings, and fiiall be compelled to 
 take away the fame Covering. 
 
 A'foj If any Houfe within the faid City be 
 \y^vnm2, fo that the iiinie of the Fire be (o^cn 
 . ■"• of the HorJe, he which dwelleth in the faid 
 
 Houf^ 
 
Ciiy of London. ^i 
 
 Houfe ft^n pay to tb- ^'---Ts forty Shillings ia 
 a Red Pl». C2. 
 
 Tor ^referViiTWimd Ordering the Streets 
 of this Famot^ City aga'inji Annoyan^ 
 ces , thefe things fottowing , ought 
 to be obJerVed, viz. 
 
 That' no Man {hail fweep 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. 
 
 That no Man fliall caft or lay in the Streets 
 Dogs, Cacs, or other Carrion, or any ncyfcme 
 thing contagious of theAir.Nor no Inholderftall 
 lay out Dang put of his Hcu(b, except the Cart 
 be ready to carry the fame away incontinently, 
 under pain of Forty fhilling?. 
 
 No Brewer (hall caft wilFuIly Dregs or Drofs 
 cf Ale or,Beer into the Channel, under pain of 
 two Shillings, 
 
 No man {hall encumber the Streets wi:hTIm- 
 ber, Stones, Carts, or fuch like, und.Tpa!nof 
 Forfeiture of the fame thing thatfoencun^breth 
 the Streets, which is twenty Shillings Fine if he 
 remove it not at the warning of the Serjeant of 
 the Market. 
 
 Every Builder cf Houfes ought to come to 
 the Mayor, Aldermen and Chambarlain, for a 
 Special Licenfe for Hourd by him to be mads 
 in the High Streets, and no 13uilder to encnm- • 
 her the Streets with any manner of thing, uk- 
 irtg down for the preparing of his Nsw Build- 
 ing 
 
62 Cujloms for building 
 
 ing , under pain of Forty Shillings, except he 
 make a Hourd of Forty Shillings. 
 
 No man (hall fet any Carts in the Streets by 
 Night time, under the pain of Twelve Pence, 
 andrecompence to fuch perfons asfliall be hurt 
 thereby. 
 
 No Budg-man fiiall lead but twoHorfes, and 
 he (hall not let them go unled , under pain of 
 Two Shillings. 
 
 No Man fhall ride, or drive his Car, or Cart 
 a-trot in the Street, but patiently, under pain of 
 Two Shillings. 
 
 No man fhall flioot in the Street, for Wa- 
 ger, or other wife, under like pain of Two Shil- 
 lings. 
 
 No man fhall gallop his Horfe in the Street, 
 for Wager or other wife, under likepain of Two 
 Shillings. 
 
 No Man fliall bowl, or caft any Stone in the 
 Street, for Wager, or Gain, or fuch like, under 
 pain of Two Shillings. 
 
 No Man fhall dig any Hole in the Street for 
 any matter, except he ftop it up again, under 
 pain of Two Shillings, and recompence to any 
 perfon hurt thereby. 
 
 No Man may bury any Dung, or Goung, 
 within the Liberties of the City, under pain of 
 Forty Shillings. ' 
 
 Goung- Fermour fliall not carry any Or- 
 dure till after Nine of the Clock in the 
 Night, under pain of Thirteen Shillings Four- 
 pence. 
 
 No Goung- Fermour (hall fpill any Ordure in 
 the Street , under pain of Thirteen Shillings 
 Fourpence. 
 
 No Man (hall Bait Bull, Be^r, or Hcrfe in 
 tne opsn Street, under pain or Twenty Shil- 
 lings. 
 
 No 
 
in the City of London. 63 
 
 No man (hall have any Kine, Goats, Hogs, 
 Pigs, Hens, Cocks, Capons, or Ducks in the 
 open Streec , under pain of forfeiture of the 
 fame. 
 
 No Man fhall maintain any Biting Curs, or 
 mad Dogs in the Streets, under pain of Two 
 Shillings, and recompence unto every party 
 hurt therewith. 
 
 No Carts that (hall be fhod with Spig nails 
 fhall come upon the Streets of this City, un- 
 der pain of Three Shillings Four Pence. 
 
 No Carts ufing daily Carriage within 
 this City , nor Car fiiall have Wheels 
 fhod v/irh Iron , but bare , under pain of 
 Six Shillings. 
 
 No Man fhall burn any Straw, Rufhes, or 
 other things, Linnen or Woollen, in the Streets 
 by Night or by Day, under pain of Three Shil- 
 lings Four Pence, 
 
 No Man fhall blow any Horn in the Night, 
 within this City, or Whiillej after the Hour of 
 Nine of the Clock in the Night, under pain of 
 imprifonment. 
 
 No Man fhall ufe to go with Vizards, or dif^ 
 guifed by Night, under like pain of Impriibn- 
 menc. 
 
 That Nighc-walkers and Evefdroppers indure 
 like puniihment. 
 
 No Hammer-man, '3S a Smith, a Pewterer, 
 a Founder , and all Artificers making great 
 Sound, fhall not work after the Hour of Nina 
 in the Night, nor afore the Hour of Four in 
 the Morning, under pain of three Shillings four 
 Pence. 
 
 No Man (hall caft into the Ditches of this Ci- 
 ty, or the Sewers cf this City, Vviihcut the 
 Walls, or into the Walls, Grates or Guliets of 
 fri:is City, any maaner ofCurfn, (linKijigricth, 
 
 rotten 
 
6^ Cujloms for 'BuiUtn^ 
 
 rotten Filli, or any P.abbifh, Dung, Sand, Gra- 
 vel, Weeds. Stones, or any other thing to flop 
 the courfe of the fame, under pain of cleaning 
 them at his own coft and charge, under pain 
 of imprifonment. 
 
 No Man fliall make any Widraughts in any 
 of the Town- Ditches, or theTown-Gullets, un- 
 der the pain of Twenty Shillings. 
 
 No Man fliall go in the^treets, by Night or 
 by Day, with Bow bent , or Arrows under his 
 Girdle , nor with Sword unfcabberd ; under 
 pain of imprifonment; or with Hand-Gun, hav- 
 ing therewith Powder and Match, except it be 
 in an ufual May-game, or Sight. 
 
 No Man fliall after the Hour of Nine at the 
 Night, keep any Rule whereby any fuch fud- 
 den Out-cry be made in the ftill of the Night, 
 as making any Affray, or beating of his Wife, 
 or Servant, or Singing, or Revelling in his 
 Houfe, to the difturbance of his Neighi» 
 boars , under pain of Three Shillings Four- 
 Pence. 
 
 No Butcher or his Servant fhall ufe to 
 drive any Ox or Oxen a-trot in the Streets, but 
 peaceably ; and if an Ox happen to be let go, 
 when he is prepared to flaughter, the Butcher 
 fhall forfeitTwo Shillings befides recompence if 
 any perfon be hurt thereby. 
 
 No Butcher ihall fcald Hogs, but in the 
 Common Scalding-Houfe, upon pain of fixfliil- 
 lings eight pence. 
 
 No Butcher fhall fell any Meafel Hog , 
 or unwholfom Fleih , under pain of Ten 
 Pounds. 
 
 No Butcher fhall fell any old dale Visual ; 
 That is to fay, above the flaughter cf three D^ys 
 in the Winter, and two in the Stmmer, under 
 pain of Ten Shillings. 
 
m the City 0/ London. 6^ 
 
 No Vid^ualler of this City (hall give any rude 
 or unfitting Language, or make any Clamour 
 upon any Man or Woman in the open Market, 
 for cheapning of Visual, under pain of Three 
 Shillings Four pence. 
 
 No Butcher (hall caft the Inwards of Beafts 
 into the Streets, Cleaves of Beafts Feet, Bones, 
 Horns of Sheep, or other fuch like, under pain 
 of Two Shillings. 
 
 The Pudding- Cart of the Shambles fhall not 
 go afore the Hour of Nine in the Night, or af- 
 ter the Hour of Five in the Morning, under pain 
 of Six Shillings Eight- pence 
 
 No Man ihall caft any Urine-boles^orOrdure- 
 Boles into the Streets by day or night, afore the 
 hour of nine in the night: And alfo he (hall 
 not caft it out, but bring it down, and lay it 
 in the Channel, under the pain of Three ShiU 
 lings Four-pence. And if he do caft it upon 
 any perfons Head, the Party to have a lawful le- 
 compence, if behave hurt thereby. 
 
 No Man ftiall hurt, cut or deftroy anyPipes, 
 Sefperals, or Windvents pertaining to the Con- 
 duit, under pain of Imprifonment, and making 
 fatisfadion, tho he doth it out of the City, if he 
 may be taken within the City. 
 
 No Man within this City mav make any Quill, 
 or break any Pipe of the Conduit co/ning 
 through his Houfe, or nigh his Ground, under 
 pain of the Pillory, or take any Water private- 
 ly unto his Houfe. 
 
 That whofoever fhall deftroy or periOi any 
 Cocks of the Conduit, muft havelrnprifonnrcnt 
 and make fatisfadion. 
 
 NotC; TZi.7f an JB 0^ CotTimcn Cour.cil wm ^n^tiU 
 
 if* th9 Even of 67. Michael, Anno Re^^is Hen- 
 
 F rwi 
 
66 Cufloms for 'Su'Mngy 6cc. 
 
 riciOdavi 21. That no Verfou fl)ouU lay any 
 Warts :n tbi Street ^ or heyottd the Edge of their 
 Stall, upon fain of forfeiture thefirft^ ttme fexShU' 
 lings eight Fence ; the (econd time Ihtrteen Shil' 
 lings Four-fevce 5 and the third time, the Warefo 
 hid. 
 
 Note, In "what watmer the aforementicned Cufloms 
 concerning the Streets are to be objefved at this 
 time, I (Ijall not derermtne : Hotveverj by a Stan 
 tute 22 & 2; Car. II. ca^. 17. it u enaBed, That 
 the fole Fower of regulating , keeping clear , 
 Titchir.g and Pavrng the Streets of the City of 
 London , v^tth the wanner thereof , and of 
 Making and cleanfing Drams and Sewtrs , (hall 
 remain in the Mayor, Commonalty and Citiz,ens^ 
 to be executed by (ach as the Mayor, Aldermen, 
 end Commons in Common Council ^aU appomt, or 
 [even of them^ being all Members of the faid 
 Court* ' 
 
 ^Ifo, Terfons aggrieved by any Charge impofed by 
 'virtue of this aB, wtthm five days after de- 
 mand thereof , may appeal to thi Mayor and 
 Court of Aldermen, whoje Order therein ffiall be 
 fimh 
 
 And by Stat. 2. W. and M. Seff 2. Cap. 8. \for 
 /weeping and clean fing the Streets wttbm the / . • 
 rif/ies in the IVeekly Bills of Mortality m Middle- 
 fex, Weftminfter, Southwark, and Kenfing- 
 ton, &c.] It ts Enailed, That the cleanfing the 
 Streets, Lanes and PaJJ'ages within London and 
 the Liberties thereof, fhall be managid aceerding to 
 the /ivQtmt Vfigeofthe Qity, 
 
 For 
 
hi the City of London. ^^ 
 
 For regulating of the ^ublick^ Markets 
 within this Famous City , an AEl of 
 Common Council was formerly maie^ 
 Entituled , An A6t for the fecclc' 
 mencand well-ordering of feveral 
 PublJck Markets within the City 
 of London : Whereby it was En" 
 aHed^ 
 
 ^rin H AT fof the better Order and Rejgula- 
 ' X ^^°" ^° t)e had of the Market at Ltadtn- 
 ' Hullf and the Greenyards there, with the other 
 
 * Market Grounds thereunto belonging ; and 
 
 * of the Market at PPool Church, and the Mar- 
 *ket of Honey - Lane ^ or Mik'Unety as alfo the 
 ' Market near Nfwgate, and all other Common 
 
 * Markets already fetled and appointed, or which 
 
 * hereafter ftiall be fetled and appointed within 
 
 * the City of London: Be it Enaded hy the Righc 
 
 * Honourable the Lord Mayor, and the Alder- 
 
 * men his Brethren, and the Commons in this 
 
 * Common Council Aflembied, and by the Au» 
 
 * thority of the fame, That the Rules, Orders, 
 
 * and Diredions hereafter prefcrlbed, be duly ob--. 
 
 * fcrved by all perfons that are or may be con- 
 
 * cerned therein. 
 
 *And Fir/?, Whereas by former A<^s of 
 
 * Common Council, thefale of Eecfhach been 
 
 * retrained and appointed tobe only in L'adev^ 
 
 * Hally and the Granyards ihQiQ^ which if now 
 
 * ©bii^rved, would bs very inconvenient to the 
 
 F i ' U" 
 
6Z Orders for Markets 
 
 * Inhabitiirjts of this City, in regard the late 
 
 * Butchery of the Stocks, and St. Nicholas SharK^ 
 
 * bks (which heretofore furnifned with Beef and 
 
 * otiier Flefh Victuals, thofe parts of the City) 
 
 * are now removed and otherwife difpoied of ; 
 ' Be it Enaded by the Authority aforefaid,Thac 
 
 * all and every Butcher and Butchers, Poulte- 
 ' rer, and Poulterers (other than fuch as arc 
 
 * iiereafter excepted^ Country Farmer, Vidu- 
 *aller, Lader , or Kidder, who keepeth no 
 
 ' Batchers, or Poulterers Shop, or Shops within 
 
 * the City of LonJcv, or Liberties thereof, or 
 ' within Two Miles diOance of the Liberties of 
 
 * the fame City, may from and after the pub- 
 
 * lication of this Ad, take to Farm, or hire 
 ' Standings, Stalls, or Places in any the afore- 
 
 * faid refpe(5live Markets j and there fell, utter, 
 ' and put to open fhew, or fale his or their 
 
 * Beef, Muttcn, Veal, Lamb, Pork, and other 
 ^ Butchery or Poultry Wares or other provifi- 
 
 * ons upon the four days of the Week, in man- 
 
 * ner as is hereafter exprefled (i'/2:..)upan Adun- 
 
 * days, IVedncfdays and Fridays weekly, between 
 
 * the Feaft of the Avnunciationy and the Feaft of 
 
 * St. M'ichatly frofti Six of the Clock in the Fore- 
 
 * noon, until Eight of the Clock in the Ever- 
 
 * ing of the fame day ; and between the Feaft 
 ' of St. Michael^ and the Avnunciat'ion , from 
 ' Eight of the Clock before Noon, until Five 
 *of theC lock in the Evening of the fame Day 5 
 
 * and upon every Saturday in the Week all the 
 ' Year long , from the aforefaid refpedive 
 ' hours of Six and Eight of the Clock before 
 ' Noon, until Eight of the Clock in the Even- 
 
 * ing of the fame Day, for fo long time only 
 ^ as he or they fliall furnirti the faid Stalls Stand- 
 ' ings and Places with wholfomc Flefii and 
 
 * other Provifions in his or their own light, and 
 
 not 
 
in the City of London. 6p 
 
 ' not as Servant or Servants, orotherwifein be- 
 ^ half of any others ; any thing in any former 
 
 * A6k of Common Council contained to the 
 
 * contrary thereof in any wife nocwithftand- 
 Mng. 
 
 'Provided always. That no Butcher or Poulre- 
 'rer whatfoever, whokeepcth no Shop or Shops 
 ' within the Cicy of London, or Liberties there- 
 ' of, or within two Miles diftance of the fame 
 'City, fhall in the faid refpedive Markets, fell, 
 
 * utter, or put to open fbcw or fale, his or their 
 
 * Butchery or Poultry Wares upon Mmdays and 
 
 * Fridays weekly, upon pain that every luch 
 'Butcher or Poulterer ihall for every time he 
 ' or they (hall fell, utrer, or put to open ihew or 
 *fale in the faid Markers his or their Butchery 
 'or Poultry Wares, upon Ait*nday or Fnday in 
 
 * any Week , forfeit the Sum of Ten Shil- 
 
 * lings. 
 
 * And to the end the refpecflive Hours afore- 
 'faid may the better be obfervedin the faid Mar- 
 
 * kets, Ir is further enaded by the Authority 
 
 * aforefaid, that a Market Bell in all the feve- 
 
 * ral Markets within the City of London, fhal! 
 'ring twice every Day, (that is to fay) the 
 ' firft Ringing from the twenty ftfch of March, 
 
 * yearly, until the Twenty Ninth Day of Scf- 
 ' temher, at Seven of the Clock before Noon, 
 'exceptupon Mundny, and then the firft Ring- 
 
 * ing (hall not begin till Eight cf the Clock in 
 
 * the Forenoon : and from the Twenty Ninth 
 ' Day of September, yearly, until the Twenty 
 'lifth Day of March, at Eight of the Clock 
 
 * before Noon, and not before, except u»on 
 ' Mundayy and then the firfl Ringing IIiaU not 
 ' begin till Nine of the Clock before Noon , 
 ' and that the Second Ringing of the Market 
 
 * Belt for raifing of the faid Markets ihall bc- 
 
 F 5 ' giu 
 
f ^ , Orders for Markets 
 
 ' gin to Ring from and after the Twenty Fifth 
 
 * of March J yearly, untill the Twenty Ninth 
 *Day of September fexccpt on Saturdays) half 
 
 ■ an hour after Four in the Afternoon, and to 
 ' continue ringing till Five of rhe Clock, and 
 
 ■ from and after the Twenty Ninth Dav oS Sef- 
 ' temher^ until the Twenty Fifth Day of March 
 
 * yearly, (except on Saturaays) to begin fo ring 
 ^ half an hour after Three of the Clock, and to 
 'continue ringing until Four of the Clock in 
 
 ■ the Afternoon : And that the fecond ringing 
 ' of the Market Bell upon Saturday weekly 
 ' throughout the Year, (tall begin half an hour 
 
 * after Seven of rhe Clock , and to continue 
 ' ringing until Eight of the Clock in the Even- 
 ing of the fame Day. And if any Butcher or 
 
 * Butchers, Poulterer or Poulterers, Victualler, 
 'or Country Farmer, Lader, Kidder, or other 
 ^ perfon whatfoever, (hall fell, or put to open 
 
 ^ fale any manner of Butchery or Poultry Wares, " 
 ^ or other Provifions in the faid Markets, before 
 ' ringing of the Market Bqjl at the faid feveral 
 ' hours and times in the Mornings refpedivelyj 
 
 * fuch Offender or Offenders fhall be proceeded 
 
 * againft as Foreflallers of the Market, as by the 
 ' Law in this ca{q is directed and appointed. 
 ' And that no Butcher, Poulterer, Vidualler, 
 
 , ? Country Farmer , Lader, Kidder, or other 
 ^ perfon whatfoever, fhall Itll or put to open 
 ^ fale any Butchery orPoulrrv Wares, or other 
 ^ Provifions after the end of Ringing the Mar- 
 *ket Bel! zt the faid feveral Hours in the After- 
 
 * noon refpedively , but (hall then depart from 
 
 * (he (-''id Maikets, upon pain that every perfon 
 Telling Burohery or Poultry \^'ajes, or other 
 
 * Provifions after the faid rtfpeilive hours in the 
 ' aforebid Maikcts, (haU forfeit the fum of Ten 
 
 * Shillinns for every fuch Offence. And if any 
 
 Butchci-, 
 
in the City 0/ London- 74 
 
 'Butcher, Poulterer, Countrv Farmer, Lader, 
 ' Kidder, or other peifon whatfoev^r, ftall fell* 
 
 * utter, or put to open fale in the faid Markets 
 ' any manner of Flelh-meat upon any other 
 'day or days than is before hsjeby limited and 
 ' exprefled , fuch Butcher, Poulterer, Country 
 
 * Farmer, Lader, Kidder or other perfon fliall 
 
 * for every fuch Offence forfeit the fum of 
 
 * Twenty Shillings. 
 
 * Provided always, That no Butcher, Pu Ite- 
 'rer,Countr> Farmer Lader, Kidder, or ochcr 
 
 * peifon whaffoever, (hall upon the SafurJ.^y'm 
 
 * any Week bring into an> cf the faid Markets 
 *any manner of. Fle(b meat, after Six of the 
 
 * Clock in the Afternoon, between the tweaty 
 
 * fifth of March, and the Twenty Ninth of Sep- 
 
 * temher, yearly ; nor after Four of the Clock 
 
 * in the Afternoon, between the Twenty Ninth 
 
 * o{ September, and the Twentv Fifth of Adarcb, 
 
 * upon pain of forfeiting the fum of Ten Shil- 
 *iings for every time any fuch perfon (hall bring 
 
 * into any of the faid Markets any manner of 
 
 * Flefh meats, after the faid refpedive Hours. 
 
 * And further be it ena(5^ed by the Authority 
 
 * aforefaidThat no Stall,Standing,or Place with- 
 
 * in any of the Gid Markets, (hall from and af- 
 ' ter the publication of ihisAcft, belettenor al- 
 ' lotted to any Butcher or Poulterer, who doth 
 ' or (hall keep any Butchers or Poulterers Shop 
 
 * within the City of Lrndon, or Liberties there- 
 ' of, or within two Milesdiilance of theLiber- 
 ' ties of the faid City, for fo long time as he or 
 'they (hall keep any Butchers or Poulterers Shop 
 
 * within the Limits aforefaid, 
 
 ' And further, That no Butcher, Poulterer, 
 ' or other perfon whatfoever, (hall have and en- 
 ' joy nv)re than two Stalls, Standings^ or pla- 
 F 4 *ces 
 
7% Orders for Markets 
 
 ^' ces within any one of the Markets aforementi- 
 oned, at one time. 
 ^ ' Provided always. That the Countrey pco- 
 ^ pie and others rsforting to the faid Markets, 
 ^being not Butchers, nor Poulterers, nor felling 
 ^ any manner of Flefti-meat, or Poultry may 
 ttand or fit and vend their Herbs, Fruit, Eggs, 
 ^Butter, and other fuch like Provifions and 
 ^Commodities in the Markets , upon every 
 ^working day in the Week, between the Feaft 
 ^ ot theAmur.ciation, and the Feaft ofSi.Adichael 
 * u ^i^^-^"g«^'» f'otii Seven of the Clock in 
 ^ the Morning, until Five of the Clock in tho 
 ^ Evening of the fame day : And upon every 
 ^ working day between the Feaft of St. Michael 
 c ^^^l^^^^^^^^^'ion, from Six of the Clock in 
 ^ the Morning, until Four of the Clock in the 
 ^ Evening of the fame day, fo as the fame per- 
 ^ Ions that bring them firft to Market do con- 
 ^ nnue the felling thereof, and do obferve the 
 ^Ringing of the Market Bell for keeping the 
 
 ■ laid Hours according y. 
 
 ^ ' And it is alfo further Eoadled, (in regard 
 ^ th^r (he Market is moft principally intended 
 ^ tor^ the benefit of Houfekeepers, who buy for 
 
 ■ rheir own ufe and behoof; that the Retailers 
 ; ^/la Traders of this City.who buy to fell again, 
 ^ ihaJ] not enter into any of the aforefaid Mar- 
 ^ kets to make their provifions, and buy of any 
 ^ of the Market people there, to carry the fame 
 < A^'^^^'"^"^*^'"^^ Houfes and Shops, until the 
 ^ Afternoon of every d^y, to the end that Houfe- 
 keepers may provide themfclves in the Morn- 
 
 * ing of tviiy day at the firft hand, and pay 
 ^ moderate rates for their Provifions; upon pain 
 
 * that every fuch Retailer, or Retailers, or Tra- 
 ' _^ers fhall for every time offending herein for- 
 ' rest forty Shillings. 
 
 And 
 
in the City of London. 7j 
 
 ' And forafmuch as all dead Flefli-Meat and 
 other Viduals, and Provifions of all forts of 
 Fruits, Herbs, Fifh and the like, ought to be 
 fold in open and common Markets, allowed 
 and appointed, and not under private Stalls, 
 or ac Tavern Doors^ or in any Street or Com- 
 mon paflages, or in any private places, or 
 carried up and down, and fold by way of 
 Hawking ; by means whereof much unwhol- 
 fome provifions, dangerous to the Health and 
 Bodies of his Majefties Subjed^; may be utter- 
 ed and fold : Be it enaded by the Authority 
 aforefaid, That no Butcher, Poulterer, Coun- 
 try Farmer, Lader.Kidder, Victualler, Gard- 
 ner, Fruiterer, Fifti- feller, or ether perfon or 
 perfons whatfoever, fhall from and after the 
 publication of this Ad, fell, utter, or put to 
 (hew or fale, by%way of hawking , or as a 
 Hawker, or in any otherwife, any Beef, Mut- 
 ton , Lamb , Veal , Pork , Poultry , Butter, 
 Cheefe, Fifli, Fruit, Herbs, or other Viduals 
 orProvifionwhatfoever, in any private Houfe, 
 Lane , Alley , Inn , Warehoufe, Strcet-ftall, 
 or Common pafTage, or other place or places 
 whatfoever, within the City of London, or Li- 
 be^^ies thereof, but only in his or their own 
 Shop, or Shops, or in the publick Market- 
 place or places, and in Market time only, ac- 
 cording as is before appointed, upon pain that 
 every fuch perfon fo carrying, or offering to 
 put to fale by way of Hawking, or in any 
 otherwife any Flefiimeat, Poultry, or other 
 Viduals whatfoever, as aforefaid, in any pri- 
 vate Houfe, Lane, Alley, Inn, Warehoufe, 
 Street-ftall, or Common paffage, or other pla- 
 ces whatfoever, being not his or their open 
 Shop, or Shops, or the Common Market-place, 
 /hall forfeit the fajiie Goods fo offered to fale, 
 
 * with- 
 
r4 
 
 Orders for Markets 
 
 without any m^^nner of favour, according to 
 the ancient Culloni of the City of Lmdon, 
 ufed and approved ; and the fame fo forftiied 
 flball be difpofed of to fuch Prifons within 
 this City of UrJon , as the Lord Mayor 
 for the time being fliall direcl and ap- 
 point, 
 
 * And to the intent that foreftalling, regra- 
 ting and ingroffing of Vii^uals and other 
 Cooi'TJoditieS; n?ay be the better prevented, 
 and the Laws made againft the fame mort ef- 
 f(-^^uai!y obfeived, It is declared and enacted 
 by the Authority afojefdid. That no perfon 
 or peifons from and afrer the publication of 
 this A<a, fhall buy, or caufe to be bought any 
 Vi(Slua!s or other things wharfoever, within 
 the Gid City of l.cndon ot Liberties thereof, 
 coming to any the Comntin Markets of this 
 City, or make any Bargain, Contrad: or Pro- 
 mile for the Having and buying of the fame, 
 or any parr thereof, fo coming as aforefaid, 
 before the fame <hall be brought into one of 
 •■he f<iid Makets ready tb be there fold : And 
 aifo.That no perfon or peifons that (hall by any 
 means Regrate, Obtain, or Get into his or 
 their Hands, or Pofleffion, in Any theufciid 
 Markets, any Viduals, orpther things whatfo- 
 ever that (bail be thither brought to be fold, 
 (hall froni henceforth fell the fame again in 
 their Shop, or Shops , or any of the Markets 
 or other places within this City and Liberties 
 thereof, or (hall ingrofsorget into his or their 
 hands, bvbu>ing, contracting, or otherwife, 
 any of *he things aforefaid, in the faid Mar- 
 kets, with intent to fell the fame again, in the 
 fame, or any other Markets or places within 
 this City, and Liberties thereof, upon pain 
 that every fuch Foreftaller, Regratcr, and In- 
 
 ' grofl'er, 
 
in the City of London. 7j 
 
 * groffer, (hail for every fuch OiTence forfeit fat* 
 
 * ty Shillings. 
 
 ' And whereas, for accommodation of Mar-* 
 *'ket people, with Stalls, Boards, Shelter, and all 
 ' other like things necefiary for their landing 
 ' in any of the Marketplaces within this CityoT 
 ' Lordcny and cleanfing and keeping clean the 
 
 * fame ; and o/herwife for defraying the inci- 
 
 * dent Charges of repairing and maintaining the 
 
 * fame Market ; an J to gratify and reward the 
 ' care and attendance of fuch perions as (hail ba 
 'employed therein, there bath always beert 
 
 * given and paid certain reafonable Rares foe 
 ^ the fiid Accommodations and Charges.; And 
 ^ to the intent that the faid Rates may beafcer* 
 'tained and made publick to all Market people, 
 
 * whereby the perfons that fliall from hence- 
 ' forth by order of the Committee for letting of 
 ^ the City Lands, with approbation of this 
 ' Courtj be employed therein as Colledors or 
 'Receivers of the fame Rates, may be prevented 
 *from demanding, or extorting m- re than isal- 
 
 * lowed, as is herein after expreifcd : Be it en- 
 ' aded by the Authority afortfciid, That all and 
 
 * every perfon and perfons, reforting to any of 
 
 * the faid Markets, to fell and vend their Com- 
 
 * modities, (hall from henceforth pay unto fuch 
 
 * perfon or perfons, as fiom tine ro tia^e (hall 
 ' be thereunto appointed, as aforefaid, to take 
 
 * and receive the profits of all, or any of the 
 ' faid Markcts,to the ufe of the Mayor,*, oramo- 
 ' nalty and Citizens of the City oi London ^ of, 
 
 * and from all Market people thereunto rtfort- 
 
 * ing, for their Stalls, Standings, and other Ac- 
 
 * commodations, in the feveral Market places 
 
 * aforefaid, after the Rates following ; (that is 
 
 * to fiy) for every Stall or Standing of the 
 
 * lefTgth of eight Foot, and breadth cf four 
 
 *Foof, 
 
7<J Orders for Markets 
 
 * Foot, ufed or imployed forfale of Flefli-mcat 
 ' or Fi/h, for every day Eightpence , or Two 
 
 * Shillings Sixpence per Week ; and for every 
 ' fuch Stall or Standing, ufed or employed for 
 
 * fale of any other C ommodities, foi everyday 
 ' Four pence, or Eighteen p^-nce ftr Week j 
 ' and for every Stall or Standing of the length 
 
 * of Six Foot, and breadth of Four Foot ufed 
 
 * or employed for the fale of Fiedi meat or Fifli 
 *(jx pence for eveiy Day, or Two Shillings 
 
 * per Week ; and for every fuch Stall or Stand- 
 ^ ing ufed for other Provifions or Commodities, 
 *for everyday three pence, or Sixteen pence 
 'per Week ; and for every Standing for Tan- 
 
 * ned Leather, Cw pence per day ; and for eve- 
 ' ry Raw Hide, an half penny j and for every 
 *Horfe Load of any Provifions or Commodi- 
 
 * ties, not upon Stalls, three pence ; and for 
 
 * every Cart-load of fuch Commodities, fix 
 
 * pence. 
 
 * Provided that all Gardners and Country 
 
 * people, and others reforting to the faid Mar- 
 *kets, early in the Morning to fell Herbs, Fruit, 
 
 , * and other like Commodities, and there con- 
 
 * tinue for no long fpace, quitting the Markets 
 
 * at Eight or Nine of the Clock in the Morn- 
 
 * ing, ihall pay for the larger places or ftand- 
 
 * ings, only Three pence, for every time they 
 
 * rcfort thither ; and for the lelTer places or (iand- 
 
 * ings only Two pence. 
 
 * And that the faid Colledors or Receivers 
 *fliall not demand or require of the Maike:- 
 ' people more than according to the aforefaid 
 
 * Rates, without the free Confcnt and Agree- 
 ' ment of the faid Market- people, for fomeex- 
 ' traordinary Conveniency or Acconimodati- 
 
 * on, unlefs in Z.f«»^/f»-W/ Market, where other 
 
 * and larger Rates have been anciently payed 
 
 ^'for 
 
in the City of London. 77 
 
 for SrAl>s or Standings therein, and that no 
 perfbn or perfons inhabiting in or near to any 
 the Ciid Marketplaces, or orhcrperfon or per- 
 fons whacfoever, upon pretence of any Right 
 whatdiever, other than the Receivers or Col- , 
 ledors of the faid Rates and Duties, (hall from 
 henceforth provide any StAlb or other Accom- 
 modations in any of the aforcfaid Market-pla- 
 ces ; or diredly, or indiiedily take, require, 
 or exacftany Sum or Sums of Money, or other 
 Reward of the Market people, for any Stalls 
 Standings or Accorr.modaticn of their place 
 and Nation in the faid Markets ; upon pain 
 ihat every perfon offending herein fiiail forfeit 
 and lofe for ev^ery time fo doing and offending 
 Twentv Shillings. 
 
 ' And for the better order and quiet of the 
 Market people, and ihe reconciling all Diffe- 
 rences that may arife therein betwixt them and 
 the Colle(5^ors or Receivers in the aforefaid 
 Markets ; as alfo that the Rates and Duties 
 may be the better colleded and certainly paid 
 into the Chamber of London without Fraud, 
 and thefaid Markets more effsdually fupervi- 
 fed ; for prevention of Abufes and Diforders 
 that may arife thereiri, be it Enacfted ; That 
 the Committee for letting the City Lands for 
 the time being, fiiall and are hereby authori* 
 zed from time to time, by and with the ap- 
 probation of this Court, to appoint fitting per- 
 fons for Overfeers of the faid refpedive Mar* 
 kets and Colledors or Receivers of the Profits, 
 or Duties arifing or growing out of the fame , 
 and to treat and agree with the faid perfons, 
 and allow them for their care and pains, fuch 
 part or portion of thefaid Piofits, as in their 
 diiaetions (hall be found requifits ; Provided, 
 the fiid Allowance exceed not the Tenth part 
 
 of 
 
^S Orders for Markers 
 
 of the vvl ole ciear Profits fall neceflary Char- 
 ges being deducited) upon condition that the 
 faid Overfeers and Lolledors or Receivers, 
 that (hall from time to time be thereunto ap- 
 pointed by order as aforefaid, do give fuffi- 
 cient Security to the fatisfadion of the faid 
 Comnuttee for their diligence and faithful 
 performance in then Office, and overfeeing 
 the Orders and ProviHons aforefaid obferved, 
 and giving a juft and true account of their Re- 
 ceipts and Payments of the Moneys every 
 Week into the Chamber ; and that the faid 
 Committee do once in every Week meet toge- 
 ther at the Guild- hall, and then and there au- 
 dite the Accompts and Payments of the faid 
 Overfeers and Colledors or Receivers , for 
 prevention of any Abufes that by negled there- 
 of might arifi or happen ; and alfo endeavour 
 upon anv Complaints and Grievances of the 
 Market people againft the faid Overfeers and 
 ColleiSlors , or Receivers . or otherwife to 
 compofe and redrefs the fame as foon as pof- 
 fibly they can ; that fo aU difturbances to the 
 Market people, and unnecelTary Suits at Law 
 may be avoided : And that the faid Overfeers 
 and Receivers, or CoUedors fiiall frequently 
 attend, and be in the faid Markets, during 
 Market time, and diligently overfee the fame; 
 to prevent with their bed care, any Abufes or 
 Diforders that may happen or be committed 
 therein ; and alfo to take care that the Provi* 
 fions and Penalties appointed by this A<^ 
 againft all Offenders, contrary to the fame, 
 be duly and conftantly put in execution ; And 
 if any of the faid Overfeers, and CoUedorsor 
 Receivers fhall be remifs, or corrupt herein, 
 thea they (hall be forthwith difphced and dif- 
 
 ' at led 
 
in the City ef Lon Jon* 79 
 
 'abled of any Office or Place touching the fa:d 
 
 * Markets. 
 
 ' And be it further Ena^ed, That in caf© 
 
 * the aforefaid Committee for letting the City 
 ' Lands ftal! at any tin^e hereafrei find ir n>oft 
 
 * fitting and advantagious for the benefit of the 
 'Chamber, to let the faid Markets or any of 
 
 * them to Farm; that then the Committee alore- 
 
 * faid, for the time being,- fhail and «n.iy treat 
 
 * with any peifon , or perfons for letting tho 
 
 * fame to Farm, upon the heft terms they can, 
 
 * and report their proceedings unto this Court 
 ' for their Approbation therein. 
 
 * All which Pains, Forfeitures and Penalties, 
 *Sum and Sums of Money to be forfeited by 
 
 * virtue of this Ad, (hal! be recover d by Adi* 
 'on of Debt, Bill or Plaint to be coiT.menced 
 ' and profecuted in the name of the Chamber- 
 
 * Iain of the City of London for the time being, 
 *in the Court holden before the Mivor and Al- 
 
 * dermen in the Chamber of the GmU hail of 
 
 * the Cvy of London ; and that the Chamber- 
 ' lain of the faid City for the time being in all 
 
 * Suits to be profecuted by virtue of this Ad, 
 
 * againft any Offender, or Offenders contrary to 
 'the fame, fhail recover the ordinary Cofts of 
 
 * Suit to be expended in and about the profecu- 
 
 * tion thereof; and if the Suit pafs for the Dc- 
 ''' * fendant, then the faid Defendant to recover 
 
 ' his Cofts ; and that the Chamberlain for the 
 ' time being {hall not have power to take lefe 
 
 * of any Offender than herein is limited to be 
 
 * forfeited for every Offence, 
 
 * And further, That one Moiety of all For- 
 
 * feitures to be recovered by virtue hereof (th3 
 
 * Cofts of the Suit for Recovery of the fame be- 
 
 * ing deduced j fhail after Recovery, and the' 
 
 * Receipt thereof, ator before theTwcnty Fifcli 
 
8o Orders for Markets 
 
 * Day of March yearly, be paid and delivered 
 ' unto the Treafurer of Chnfi^-Hoffital , to be 
 
 * emplo) ed towards the Relief of the Poor Chil- 
 
 * dren, to be brought up and maiatained in that 
 
 * Hofpital; and the other Moiety to him or them 
 ' which fhall firft give Information of the Of- 
 
 * fences, for which the Forfeitures ftiall grow ; 
 •and profecute Suit in the Name of the Cham- 
 
 * berlain of the faid City, for recovery of the 
 
 * fame, any thing in this Ad to the contrary 
 ' notwithftanding. 
 
 * And whereas the Serjeant and Yeoman of 
 
 * the Channel, and Yeoman of Newgate-Mar^ 
 ^ ket. and Foreign-taker, while the Common 
 
 * Markets were kept in Leadenhall-fireet', Cheap- 
 ' fide ^ and Newgate- (Ireet ^ did take care for 
 
 * fweeping and making clean the faid Streets 
 
 * where the Market people reforted, and paid 
 
 * for carrying away the Soil thereof; asalfofor 
 
 * furniihing the Market people with Boards and 
 
 * other Accommodations : In confideration 
 
 * whereof they received fome certain AUow- 
 
 * ance by confent of the Market people for their 
 
 * care and pains therein. Now forafmuch as 
 
 * the faid Markets are removed out of the Streets, 
 
 * and made Commodious, at the publick charge 
 
 * of the City, and that the Revenue thereof 
 ' ought to be improved for the benefit of the 
 
 * Chamber : Be it Enacted, that the feveral Of- 
 
 * ficers aforementioned, fhall from henceforth 
 *be wholly difcharged from the Charge of 
 
 * clean fing and carrying away the Soil of the 
 
 * faid Markets, and providing Boards and other 
 
 * Accommodations for the Market people ; and 
 
 * likewile from any ways intermedling with the 
 
 * Receipt of any Duties, Fees, or Profits, or tak- 
 
 * ing any Money of any perfons refortin^ to, 
 ' or ftanding in any of the Common Markets 
 
 * afore- 
 
in the City of London ^ C^c. 
 
 ^ af orefaid, upon any pretence whatfoeverj 
 ' but that inftead thereof the Serjeant and 
 
 * Yeoman of the Channel for the time being, 
 
 * (hall during their continuance in the faid 
 ' Places, each of them have and receive out 
 ' of the Chamber of London the Sum of Three 
 
 * Pounds Weekly ; and Richard Robin/on the 
 
 * prefentForcigntaker and Yeoman oiNe-wgatC' 
 
 * Marksty the Sum of Three Pounds every 
 
 * Week, during the term of his Natural Life : 
 
 * All which Sums refpedively and none other, 
 
 * (hall be paid by the Chamberlain out of the 
 
 * Profits arifing by the M?:rkets to the Perfons 
 ' aforefaid , in fuU Satisfaction of all their 
 ' Right, Title, Claim and Demand whatfo- 
 ' ever, to any part or ftiare of the Profits^ to* 
 ^ be Cblleded of the Market People. 
 
 See 'wore after concerning Black well- Hall and 
 Billirifgate^ M^rl:en , &c. tn the A^s arJ 
 Statu;es relating to the Cftji of London. 
 
 .JUJL 
 
 & Ccni^ 
 
2i 
 
 Orders for Watches 
 
 I 
 
 Concerning the Watches to be kept in the 
 City of London. Note, Tlyat an 
 Act of Common Council was made in the 
 Majorahy of Sir] o\in Robinfon IQ- 
 for the better ordering of the 
 Night Watches within the City 
 of London and Liberties thereof 5 
 which followeth in thefe Words. 
 
 WHereas by the antient^ good, and 
 laudable Cuftom of the City of Lon- 
 dotty all and every peifon and perfons which 
 do dwell, occupy, or inhabit in any Houfe 
 or Houfes within the fame City or the Liber- 
 ties thereof, as well fuch as are not Free of the 
 faid City, as other the Freemen of the fame, 
 being perfons able and ftt to watch, or to find 
 an able and fie perlon to watch, for him, 
 h:r, or them, or in his, her, or their ftead, 
 ought by reafon of th^ir habitation, occupa- 
 tion and dwelling, to keep watch within the 
 Ward wherein he, (he, or they do occupy 
 and inhabit, for the prefervation of the King's 
 Peace, and for the arrefting and apprehend- 
 ing of air Night-walkers, Malefactors, and 
 fufpeded perfons, which fiiall be found paf- 
 fing , wandring , and mif-behaving them- 
 felves: And whereas every Conftable of any 
 Precind is a Conftable to all intents and pur- 
 pofes, not only in the Precind and Ward 
 where he dwelleth, but in all and every other 
 Precind, Ward, and place within the faid 
 City and the Liberties thereof : And where- 
 
 * as 
 
in the City of London. 8 j 
 
 ^ as there is now, and of late years hath beeni 
 
 * ( by realbn of the greu concourfe of people 
 ' from all parts to the faid City ) great necef- 
 
 * fity of a llrong and fufficient Watch to be 
 
 * kept every Night within every Ward of the 
 
 * faid City, and the Liberties thereof; and is 
 ' hath been thought fit and provided by former 
 
 * Orders and Ads of Common Council, for 
 ' the fafety and peace of the faid City, thac 
 
 * the number of men to v/atch every nighty 
 
 * in every Ward throughout the faid City and 
 
 * Liberties thereof, fhall be as hereafter parti- 
 
 * cularly foUoweth, viz, 
 
 AUgate 34 
 
 Dukes-Placs lo 
 
 Alderfgate 44 
 
 5. Martin ik Grand 12 
 
 Bifhopfgate So 
 
 Broadftreet 3 o 
 
 Billingfgate 30 
 
 Bridge within 25 
 
 Bajpfliaiv 12. 
 
 Breadftreet -xG 
 
 CornhiH 1 6 
 
 Candlevfick 24 
 
 Cordweiner 24 
 
 Cheap 15 
 
 Cripplcgate 'ivithifi 46 
 
 Cokmanfireet 54 
 
 Crippkgate withci:.t 90 
 
 Caftle Baynard 40 
 
 Dowgate 3 6 
 
 Farrwgdoa "Within 50 
 
 Mugwelfireet 4 
 
 Blackfrien 14 
 
 Farringdon v>ithot4f 1 3 o 
 
 Whittfriers 8 
 
 G 1* BHdewei 
 
84 Orders for Watches 
 
 Bridevfel TrecwB S 
 
 Bartholotntw Great 10 
 
 BarthoJonteiv Left 4 
 
 Limeftreet 1 1 
 
 Largborn 34 
 
 Tortjoken 60 
 
 Queenbith 40 
 
 Tcwtr 40 
 
 Vintry 34 
 
 WalhvQoh 20 
 
 ' Yet neverthelefs the faid Watches are very 
 
 * weak and wanting, by reafon that many 
 ' ill -afFeded perfons, not willing to do any 
 
 * duty for the publick fafety, or not proportio- 
 ' nable to the number of the Inhabitants where 
 
 * they dwell, under pretence that they oi>ght 
 
 * not to watch with any other Conftable than 
 
 * the Conftable of the Precindt wherein they 
 ^ inhabit, whereas feveral Precinds within the 
 ' faid City and Liberties of late, by multiplicity 
 
 * of new Buildings, and r^vifions of Houfes, 
 
 * are grown far more populous, than other 
 
 * Precindls, and many Precinds have not In- 
 
 * habitants to make up a third, fourth, fifth, 
 
 * or fixth part of the number of Watchmen 
 
 * aforefaid, or competent number of Watch- 
 
 * men for fafeguard of the faid Ward, fo that 
 
 * without fome way (other than the Inhabi- 
 
 * tants of every Precind to watch with the 
 
 * Conftable of that Precind , or fome new 
 ' Divifion of every Ward , for proportioning 
 
 * and appointing the number therein to keep 
 
 * watch ) a fufficient Watch cannot be kept, 
 
 * whereof divers refraAory perfons taking 
 ' advantage, and pretending that they are not 
 
 * by Law compsllable there «mto, will not yield 
 
 * obedj- 
 
in the City of London, gc 
 
 ' obedience to the Government of the faid 
 
 * City therein, but refufe to watch when they 
 ' are required, whereby the Watches aret^c« 
 
 * ncrally much negleded, and the Conftables 
 ' and other Officers much troubled and dif. 
 
 * couraged, and the faid City and Inhabitants 
 ' therein much damaged and indangered there- 
 
 * bv, and likewife upon feveral occafions and 
 
 * difturbances of late have been put upon great 
 ' and extraordinary charge and trouble , in 
 
 * ferving upon Military Guards of the Trained 
 
 * Bands and Auxiliary Forces of the faid 
 ' City, 
 
 * Now the Right Honourable the Lord Major, 
 ' the Right Worihipful the Aldermen his Bre- 
 ' thren, and the Commons in this Common 
 
 * Council alTembled , taking the Premiffes into 
 
 * their confideration, and conceiving it very 
 ' necelTary at all times, that there ftould be 
 ' fufficient Watches kept within the faid City of 
 
 * London and Liberties thereof, for remedy 
 
 * therein, and for the better ordering and efta- 
 ' blifhing of the Watches to be hereafter duly 
 
 * kept within the faid City and the Liberties 
 ' thereof, do Enad and Ordain, and be it En- 
 ' aded and Ordained by the faid Lord Major, 
 ' A\dermen, and Commons in this Common 
 ^ Council alTembled, and by Authority of the 
 
 * fame, that one Conftable with the Beadle 
 
 * in every Ward, and the faid number of perr 
 
 * fons refpedively ihall watch every Night in 
 
 * every of the Wards aforefaid refpedively, from 
 
 * nine of the Clock in the Evening, pll feveii 
 ^of the Clock in the Morning, from Michael- 
 
 * mas- day till the fiift of yifrily and from the 
 ' firft of yifril till Michaelmas- day from ten of 
 ' the Clock in the Evening, till five of the 
 
 * Clock in the Morning : And that the Alder- 
 
 G 5 man, 
 
^6 Orders for Watches 
 
 ' man, Deputy , and Common GouncH-men 
 
 * of every of the faid Wards refpedively, or 
 
 * the major part of them, Ihall forthwith take 
 
 * an ex^ct Survey of all the Inhabitants and 
 ^ Houfc-keepers within their refpedlive Wards, 
 
 * v^ho are able and fit to watch or find Watch- 
 
 * men ; and (hail nominate and appoint one 
 ^ Conftable in their faid Wards, with the Beadle 
 ^ of their refpedive Wards, and the full num- 
 ^ ber of Inhabitants within the faid refpedive 
 f Wards, according to the proportions before 
 
 * raentit,>aed, to watch every night within th3 
 ' refpedive Wards, beginning at one certain 
 ■ place within the faid refpedive Wards, and 
 *: from thence to proceed and go forwards in 
 
 * an orderly way, and appoint the next Night 
 ^ one other ConttablQ and the like full number 
 ^ of Inhabitants next adjoynifig unto thofe 
 ^ who warched the Night before, and fo to 
 'proceed forwaid through the Ward, one* 
 ^ Conitable and the full number of Inha« 
 ^ bitiints to vv-a'ch every Night, and thefi 
 ^ to begin again vAth thofe Inhabitants who 
 ^ firli: watched, and proceed forwards every 
 "^ Night in turn asaforefaid, without refpedling 
 ''' any one Precinit more than another, but 
 
 . ' that all the Inhabitants within the faid Wards 
 ' scfpedlirely do watch, or hnd Watchmen in 
 "^ Lheir turns, asaforefaid, who fhall watch with 
 ^ the Conftable* appointed as aforefaid though 
 ' he be not of the fame Precind as the Inha- 
 ' bitants be; and that all the ConOables within 
 ' the refpedive Wards, (hall in their turns, 
 ' one after another, watch with the faid Inha- 
 ^ bitants, and when thev have warched all 
 ' over by turn? as aforefaid, he that began (hall 
 ' begin ^.gain, and the reft fo'iow In ihcir turns, 
 " £ind I'o one after anoilier. as ofcen ?.s it fhail 
 
 coTr^ 
 
m the City of London, 87 
 
 * come to their or any of their turns : And that 
 
 * the faid Alderman , Deputy , or Common 
 
 * Council- m^n of the refpedive Wards afore- 
 
 * faid, or the major part of them fhall likewife 
 ' appoint a cejtain place within the faid \?ard, 
 
 * where the Conftable and all the Watchmen 
 ' fhall every Night firft meet for that Night, 
 
 * and agree to what places they (hall afterv/ards 
 
 * go to watch in the faid Ward in fuch manner 
 
 * and order, that the Conftab'es and Watches 
 ' of every Ward may maintain a correfpond- 
 *ence and intelligence with each other, and 
 ' be ready upon Tome found or fign, to be 
 ' made or given, to come in, in an inftant if 
 
 * there be need, upon any diforder cr ether 
 
 * occafion , to the help and affiOance cf one 
 ' another; and fhall alfo appoint the number of 
 
 * Watchmen which (hall be, and continue to- 
 
 * gether in every place, and caufe the name 
 ' of the Conftable, and of every Inhabitant 
 '■ which is to watch with every feveral Con- 
 ' ftable, and the times and places of their meet- 
 ' ing and watching particularly every feveral 
 
 * Night to be printed and delivered to every 
 ' Condable within their Ward refpedively, and 
 ' and one or more papers thereof To printed to 
 
 * be fet lip upon polls or open places, where 
 ' every Conftableand Tjch as are to watch with 
 'him refpeiSively dwell, that every ConftabJe 
 
 * and Watchman may know the Night, Time, 
 
 * and Places v»7here they are to watch : And 
 ' that the Ccnilable , on the day before his 
 
 * watchnight , or the Beadle of that Ward , 
 
 * do warn every man that is to watch with 
 ' him accordinuly , or leave notice thereof 
 
 * in writing at the Houfc of every luch man. : 
 
 * And that the Inhabitants of every Ward do 
 
 * take notice hereof, any pretence of pi ivilec^e, 
 
 G ^i ' ul^". e, 
 
88 Orders for Watches 
 
 ' ufage , or cuftom to the contrary hereof 
 ^ in any wife notwithftanding. 
 
 * And be it alfo farther Enabled by the Au- 
 ^ tboricy aforefaid, That if any Conftable fhall 
 ^ make default in executing his Office, or 
 
 * doing his Service in any of the PremilTes 
 f hereby appointed, or hereafter to be ordered 
 ^ or appointed as nforefaid, without juft and 
 ^ reafonable caufc to be allowed of as is here- 
 
 * after mentioned, that then every fuch Con- 
 
 ■ Odbit ftiail forfeit and pay for every iuch de- 
 f fsuit five pounds: And that if any perfon 
 ' appointed and warned to watch, or to find 
 
 * an able and fit perfon to watch in his or her 
 
 ■ (lead as afcrefaid, ftiall refufe or make default 
 
 ■ to watch, or to find an able and fit perfon to 
 ^ watch in his or her ftead as aforefaid, that 
 ' then every fuch perfon fo refufing or making 
 V default to vvatch as aforefaid, and not having 
 ^ juft and reafonable caufe for fuch his default, 
 ^ as fhall be allowed of by the Lord Mayor of 
 ' thefaid City, or the Alderman of that Ward 
 ^ for the time being, (Lall forfeit and pay for 
 ' every fuch default Twenty fiiiliings. 
 
 ' Afid it is hereby farther Enaded, That the 
 
 * -Aldermen, Deputy , and Common Council- 
 ' men of every Ward, or the major part of 
 ^ them, for the time being, fhall from time to 
 ^ time nominate and appoint tv»ro or more ho- 
 ' nefi able men of the fame Ward, who (ball 
 ^ be called Supervifors, to take care and overfee 
 ^ that the Watches appointed in every Ward 
 ? be from hencefoitii duly kept: And that the 
 ^ Conftables, Beadle and Watchmen > execute, 
 ' do and perform their duties and fervices 
 ^ therein , or otherwife pay the forfeitures 
 
 * and prsymeMrs herein before ordained for their 
 ' dtf^ulcs refpedivdy : and that ih? fame Su- 
 
. in the City of London. gpi 
 
 pervlfors, or one of them, ftiall take notice 
 of fuch of the faid Inhabitants as abfent their- 
 felves at any time from watching as aforefaid, 
 and like*'ife of fuch Condables and Beadle 
 as fliail at any time make default, be remifs 
 or negligent in performance of his or their 
 Duties in the PremifTes, and fhall likewile 
 from time to time prefent the name of every 
 fuch Defaulter to the Lord Major of the faid 
 City for the time being, or to the Alderman 
 of the Ward where fuch Default fliall be 
 made, that every fuch Defaulter may pay the 
 forfeiture and payment impofed upon him 
 or her as aforefaid : And that the Beadle of 
 every Ward, or fome trui>y perfon for him, 
 fKall in the prefcnce of the Conftable and 
 one of the faid Dverfeers, if they-, or either of 
 them can be prefent, call over the Names of 
 all thofs which ftiall be appointed to watch 
 each night refpe<5lively in their courfe as 
 aforefaid, as well at the hours appointed for 
 their meeting in the Evening, as alfo at the 
 time appointed for the breaking up of the 
 watch in the Morning; and that they the 
 Coniiable, or Beadle, or one of them, or 
 fome other trufiy perfon in their or either of 
 their behalf, in cafe the Supervifor (hall be 
 abfent at any of the faid times, (hall take a. 
 Note in writing of the Names and Sirnames 
 of every of the Inhabitants then appointed to 
 watch , as Ihall be abfent from their warch 
 at any of the hours herein before appointed 
 Evening or Morning, and fhall deliver the 
 faid Note the next day to the Supervifors, or 
 one of them: And that the Conlip.bles, Su- 
 pervifors, and Beadle of every the faid Ward, 
 and every of them, fhall bring before the 
 Lord Mayor of the faid City for the time 
 
 * being 
 
P o Orders for Watches 
 
 being, or the Alderman of their Ward, every 
 Conftable or other perfon making default in 
 any of the premifes refpedively^iffuch perfon 
 raaking defau t will rcidily and voluntarily 
 go along with him ; and every fuch Default- 
 er {hall then prefently pay to the Lord Mayor 
 or Alderman aforefaid, fuch forfeitures and 
 payments as are herein before limited and 
 appointed for them refpedively to pay as 
 aforefaid ; and that all Monies fo forfeited 
 and paid as aforefaid, (hall be imployed to 
 and for the relief of the poor of the faid 
 Ward, as the Lord Mayor or Alderman of 
 the Ward where fuch default /haU be made 
 fliall think fit and appoint : But if fuch De- 
 faulter Ihall refufe to go with the faid Con- 
 fiable, Supervifor, or Beadle; before the faid 
 Lord Mayor or Alderman as aforefaid , or 
 going fhali refufe or delay to pay the faid 
 forfeitures^ pen,-?l ties, or fums of Money, reC- 
 peflively as aforefaid, that then, and in either' 
 of the fdH ^afes , fuch Defaulter (hall f:)ifeit 
 and pay treble the afore(iid penalties or fums 
 of Money : All which fo; Li re res hereby for- 
 feited iaail refpet^liveiy be recovered by Adion 
 of Debt, Bill, or Information, in the name 
 of rhe Chamberlain of this City for the time 
 being, in the Court holdcn before the Lord 
 Major and Aldermen of the faid City, in the 
 Chamber of the GulUhaU of the fame City, 
 to be profecuted by the Beadle of the Ward 
 wherein every of the faid Offences aforementi- 
 oned (Iiall be committedjOr any other perfon or 
 perfons thereunto .ippointed by the faid Lord 
 Mayor or the Alderman of fuch Ward: And 
 after recovery thereof one Moiety of the fame 
 after all Charges deduded, (hall be to the 
 faid Bendle or other Profecutors, and the 
 
 Vot};er 
 
in the City of London. p i 
 
 ^ other Moiety to be imployed to the relief of 
 ^ the poor of the' Ward wherein fuch Offence 
 
 * (hall be committed, as the Lord Mayor or Al- 
 
 * derman of the fame Ward (iiall dired: and 
 
 * appoint. In all Suits to b^e brought by virtue 
 
 * of this Ad, the Chamberlain Oiall recover 
 
 * his ordinary Gofts and Charges to be expen- 
 / ded for the recovery of all fuch forfeitures 
 
 * againft the Offenders. 
 
 ' And laftly, be it enadied by the Authority 
 
 * aforefaid, That the Beadles cf the feveral 
 ' Wards of this City, or any of them, fhall not 
 
 * hereafter take or have any allowance of 
 
 * Watchmen, called Dead-pays, for or in ref- 
 
 * ped of their Nightly watching, or for or in 
 
 * conflderation of any other Service whatfo- 
 ' ever, but thii: the Inhabitants of every Ward 
 
 * fhall amongft themfelves raife fome conveni- 
 ' ent fum of Money for a fit and competent 
 
 * Salary and Allowance to be made unto the 
 
 * faid Beadles for their faid Service : Or if the 
 
 * faid Inhabitants of all or any the faid Wards 
 
 * cannot agree upon raifing fuch Salary or Sum 
 
 * of Money, then the fame to be done by Au- 
 ^ thority of Common Council , by fuch way 
 ' and means, and in proportion to the Service 
 ^ and Extent of each Ward, as by the faid 
 
 * Common Council (hall upon further confi- 
 ^ deration be found juft and reafonoble. 
 
 Cujloms 
 
p 2r Orders for Foreigners 
 
 Cujioms of London as to Foreigners, 
 Note, That if any man that is not 
 a Freeman o/London kee^ any Shop^ 
 inward or outward , withm the City 
 or Liberty J for the Sale of any Goods 
 or Wares by ^taily he forfeits 5 J. 
 for every day, and an Aciion of J)ebt 
 lies againfi him for the fame in the 
 Lord Mayors Court, in the TSlame of 
 the Chamberlain of London for the 
 time being, purfuant to an AEi of Com^ 
 mon Council made in the Mayoralty of 
 Sir Leonard Halliday IQ- which 
 AEI is as fo Howe thy 1 6 o j . 
 
 * TTTHere by the antient Charters, Cu- 
 
 * VV ftoms, Franchifes, and Liberties of 
 ^ the City of London, confirmed by fundry 
 ' Adts of Parliament, no perfon not being free 
 
 * of the City of London, may or ought to fell, 
 
 * or put to fale any Wares or Merchandizes 
 ' within the faid City, or the Liberties of the 
 
 * fame, by Retail, or keep any open or inward 
 
 * Shop, or other inward place or Room for 
 
 * flicvi/^ fale, or putting to fale, of any Wares 
 ' or Merchandizing, or for ufe of any Art, 
 
 * Trade, or Occupation, Myftery, or Handi- 
 ^ craft within the fame. And whereas alfo 
 
 * Edwardj fometime King of Evgland, of fa- 
 
 * mous memory, the third of that name, by 
 
 'his 
 
in the City of London. p? 
 
 ' his Charter made and granted to the faid City 
 ^ in the Fifteenth year of his Reign, confirmed 
 ^ alfo by Parliament amongft other things 
 
 * granted , That if any Cuftoms in the faid 
 
 * City, before that time obtained and ufed, 
 
 * where in any part hard or defedive, or any 
 ' thing in the fame City newly arifing, where 
 ' remedy before that was not ordained, fiiould 
 ' need amendment, the Mayor and Aldermen 
 
 * of the faid City, and their Succeffor^ with 
 ' the aflent of the Commonalty of the fame 
 
 * City , might put and ordain thereunto fie 
 ' remedy as often as that fliould (eem expedi- 
 
 * dient unto them ; So that fuch Ordinance 
 
 * fliould be profitable to the King, for the pro- 
 ' fit of the Citizens, and other his People re- 
 
 * pairing to the faid City, and agreeable to 
 
 * reafon ; And whereas by force of the faid 
 'Cuftoms, Franchifes and Liberties, and of 
 
 > ' the Charter laft aforementioned, confirmed 
 
 * as is afore fpecified by Parliament, The Lord 
 
 * Mayor, Aldermen, and Commons of the faid 
 
 * City, did the twelfth day of OBoher, in the 
 ' third year of the Reign of Edward, fome- 
 ' time King of Engl/ind, the fourth, as a thing 
 ' thought fit and convenient for that time , 
 
 * amongft other things, agree and ordain that 
 
 * tlie Basket' maker Sy Goldufire-drawers^ and Other 
 ' Foreigners, contrary to the Liberty of the 
 
 * faid City, holding open Shops in divers places 
 
 * of the City, and ufing Myfteries within the 
 
 * faid City, Ihould not from thenceforth hold 
 ' Shops within the Liberty of the City aforcfaid ; 
 
 * But if they would hold any Shop, or dwell 
 
 * in the fame City, they (hould dwell at Elan' 
 ' c/jappelton, and there hold Shops, fo as they 
 ' might have fufficicnt dwelling there. Ard 
 
 * wvhereas the Lord M.iyor, Alr^ermen , and 
 
 * Ccnuir. hi 
 
94 Oyil.:S for Foreigners 
 
 Commons of die ("\rne City, did afterwarJjr,'' 
 the Sixteenth day of May , in the Seventeenth ! 
 year of the Reign oFour late Sovereign Lord 
 of famous memory , King Htnry the Eighth 
 fas a courfe thought fit and agreeable for that 
 time ) Ordain;, Eftablifh, and Enad that no 
 manner of perfon or perfons being eftrange 
 from the liberties of the faid City, from 
 thenceforth fliould hold or keep any open 
 Shop or Shops within the faid ^ity, or Liber- 
 ties of the fame , neither with any Lattice 
 before , nor yet without Lattice ( certain 
 numbers of poor men occupying the Seat of 
 Botchers , Taylors ^ and Coblers only except) 
 upon pain of Imprifonment , and alfo to 
 forfeit and pay Forty (billings to the ufe of 
 the Commonalty ok this City, as often times 
 as he or they ihould do the contrary. And 
 where alfo the Lord Mayor, Aldermen, and 
 Commons of the fame City did afterwards, 
 the Twentieth day o{ January ^ in the laid 
 Sevententh year of King Henry the Eighth 
 f reciting, that whereafa Common Council 
 holden the Sixteenth day of May , in the 
 Seventeenth year of the Reign of Kifg Henry 
 the Eighth, It. was ordained and enaded. 
 That no manner of perfon or perfons, being 
 eftranged from the Liberties of this City, from 
 thenceforth ftioald hold or keep any Shop or 
 Shops, within this City , or the Liberties of 
 the fame, neither with any Lattices before, 
 nor yfit without any Lattice, upon pain of 
 Imprifonment ) further ordain and eftablilh, 
 that if any perfon or perfons, being Foreign, 
 fhould hold and keep any open Shop or Shops, 
 as is aforefaid, he fiiould forfeit for every time 
 fo doing Forty Shillings, to be levied by di- 
 ftrefs, to the ufe cf the Commonalty of the 
 
m the City of London. p 5 
 
 * faid City, by the Chair.berlain for the time 
 ' being, or other Officer of this City j And alfo 
 
 * have Imprifonmenc by diredionof rheMayor 
 
 * and Aldermen for the time being. Now for- 
 S-ifmuchas divers and fundry Strangers and 
 
 * Foreigners from the Liberties of the faid City, 
 ' nothing regarding the faid ancient Charters, 
 
 * Franchifes, Cuftoms, or Liberties of the faid 
 
 * City , and Ads and Ordinances heretofore 
 'made according to the fame, but wholly in- 
 ' tending their private profit, have of late years 
 
 * devifed and pradifed by finifter and fubtile 
 
 * means, how to defraud and defeat the faid 
 ' Charters, Liberties , Cuftoms , good Orders 
 
 * and Ordinances, and to that end do now in- 
 
 * wardly in privy and fecret places, ufually and 
 
 * ordinarily fliew, fell, and put to fale their 
 ' Wares and Merchandizes , and ufe Arts , 
 ' Trade, Occupation, Myfteries and Handi- 
 
 * crafts within the faid City and Liberries of 
 ' the fame, to the great detriment and hurt of 
 
 * the Freemen of the faid City, who pay lot 
 
 * and fcot, bear Offices and undergoe other 
 
 * Charges, which Strangers arid others not 
 ' Free are not chargeable withal, nor will per- 
 ' form ; for reformation of which diforders , 
 
 * and avoiding of fuch prejudice and damages 
 ' as thereby groweth to the Freemen of the 
 
 * faid City, and is now more of late ufed than 
 
 * was in any time heretofore fullered, and to 
 ' provide for the common profit and good of 
 
 * the Freemen and Citizens of this City; It is 
 ' ther^jfore by the Lord Mayor and Aldermen 
 
 * and Commons in this Common Council af- 
 ^ fembled , ordained and dlabliihed that no 
 
 ' perfon whaifoever, not being Free of this • 
 ' C ity of London, Ihjii at any time after ihi 
 
 * read of St. M:ch;!cl now r.?xt enfuiaj]; > bv * 
 
^6 Orders for Foreigners 
 
 ^ any colour, way, or means whatfoever, either 
 
 * diredly or indiiedly, by himfelf or by any 
 
 * other, fhew, fell, or put to fale aiiy Wares 
 or Merchandizes whatfoever, by Retail with- 
 in the City of LWo«, or the Liberties or 
 Suburbs of the fame, upon pain to forfeit to 
 the Chamberlain of the City o{ London for the 
 time being, to the ufe of the Mayor and 
 Commonalty of the faid City, the fum of 
 five pounds of lawful money of Ergland, for 
 every time wherein fucjh perfon (hall fliew , 
 fell, of put to fale any Wares or Merchan- 
 dizes by Retail within the faid City, Liber- 
 ties, or Suburbs thereof, contrary to the 
 true intent and meaning thereof. And it is 
 further ordained and eftabliflied. That no 
 perfon whatfoever, not being free of the City 
 of London^ fhall at any time after the faid 
 Feaft of St. Michael now next enfuing by any 
 colour, way, or means whatfoever, diredtly 
 or indireiftly, by himfelf or by any other, 
 keep any Shop, or other place whatfoever, 
 inward or outward, forfhipw, fale, or putting 
 to fale of any Wares or Merchandizes what- 
 foever, by way of Retail, or ufe any Art, 
 Trade, Occupation, Myftery, or Handicraft 
 whatfoever, within the faid City, or the Li- 
 berties or Suburbs of the fame, upon pain to 
 forfeit the fum of Five Pounds of lawful 
 money of England, for every time wherein 
 fuch perfons (hall keep any Shop, or other 
 place whatfoever , inward Or outward, for 
 {hew, fale, or putting to fale of any Wares 
 or Merchandizes whatfoever by way of Re- 
 tail , or ufe any Art, Trade , Occupation , 
 Mytlery, or Handicraft whatfoever, within 
 the faid City or Liberty, or Suburbs of the 
 fame, contrary to the trile intent and meaning 
 
 ' hcieoL 
 
in the City of London, ^/ 
 
 ' hereof. All which P^ins, Penalties, Forfeitures, 
 ^ and Sums of Money to be forfeited by virtue of 
 ' this A-iJ: or Oidinance, rtiall be recovered by 
 ' Adion of Debt, Bill orPiaint^ to be profecuted 
 ' in theNime of the Ch.imberlain of the City of 
 
 * London for the time being, in the King's Mdje- 
 ' fly's Court to be holden in the Chamber of 
 ' the GuiU-hill of the City of London^ before 
 
 * the Lord Mayor and" Aldermen of iltefaid Ci- 
 ' ty ; wherein no Effoign or W.iger of Law 
 ' fha'l be admitted or allowed for the Defen- 
 
 * dants. And that the Chamberlain of theCi- 
 
 * ty for the time being, (hall in ail Suits to bs 
 
 * profecuted by virtue of this Ad or Ordinance 
 ' againft any Offender , recover the ordinary 
 
 * Cods of Suit to be expended in and about the 
 ^profecution thereof: and further, that one 
 ^ equal third part of all Forfeitures to be reco- 
 ' vei-ed by virtue hereof, (The Ccfls of the Suits 
 *^ for recovery of the f:ime being deducted and 
 '>.vowed)!liali be afrer the recovery 2nd receipt 
 '' thereof, paid and delivered to theTreafurerof 
 ' Chrifi\ Hofptal^ to be employed towards the 
 ' relief of the Poor Children, to be brought up 
 ' and maintained in the ikid Mofpira!; a^id one 
 ^ other equal third part to him or them which 
 ^ (hsll firft give InForrp •"-- -f theOffences for 
 ^ which fuch Fotfeiiu -rm^^ jind profe- 
 ' cute Suit in ihe Name oi th erlain of 
 'the faid City tor recovery c " --''' 
 *'thing in this Acl: to the contr. 
 
 * in;;. T. ovided always that this kCi or Crdi* 
 
 C !• t* ■•"("11 
 
 naHCS, or A^" '•^1"'^ h >'.=! -1 r^' •-•-■- i-^.\\ 
 ^ not extend t ; 
 
 ' ing or cauilng to be brought aus v^ctUdiS co 
 ' be fold within i'-'i Ofy, or the Liberties th^re- 
 
 * of but th^v: id every of them' may fell 
 ^ V-::'; ■: ^^ ; . m;:: ; he -iaid City, and the Liberties 
 
 H 'there- 
 
p 8 Orders for Foreigners 
 
 thereof, as they might lawfully have done at 
 * the making hereof, any thing herein contain- 
 ' ed to the contrary in any wife notvvichfland- 
 
 Js to the AB of Common Council^ That 
 no Foreigner fhall opcnShop^ dec. 
 
 I 
 
 N M^tJggoner and Fifhers Cafe ; V/aggor:er was 
 arreted upon Plaint in the Lord Mayors 
 Court, indebt,at the 'iimK.ci Fi^jyCban.bokitr.lL^Q 
 Defendant brought a Writ of Priviledge recour- 
 nable in the Cdr-iKioz-ruas : The Retorn was ; 
 There is a Cuftom in the City of London. That 
 fio Foreigntr jhaQ keep a?/) Shop^ or ufe avy Trade ir, 
 London. And there is ano:!:er Cuftom, Th.'.t 
 the Mayor, Aldemen, a^id Commonahf Qf avy 
 CuHoTiis be defect roe) r/iay fupply^ Remedy fur it ; 
 a?id if any new thir.g h.'jpvcTj^ thei rr,ry pro'vide Rt- 
 medies for it,fo it be Congrua & bona; fidei ron- 
 fuetudo rationi confenran^ & pro con 
 utiliMte Regis, civium £: omnium alioruni ... 
 confluentium. That K. Ediv. 5. by his Letters 
 g . , Patents granted, Thar they might m.^ke By- 
 
 ' ' Laws, and the Letters Patents were conlirmd 
 by A(5l of Parliament, and fiiew feveral Ails of 
 Common-Council made in the time of H.4. an 1 
 H. 8. for inhibiting Foreigners to bold any She > 
 crShops^or Lattice, and Penalties impofed. ara 
 that after, and fhew the day, an ^ct of *~ 
 roon-Ccuncil was made, That ilo Fore. .. . 
 f]iould ufe any Trade, Mvftery, or Occipat:- 
 on within the faid City, .ncr keep any Shop 
 there for retailing, upcn pain of j /. and ^i'c 
 power to the Chambef];iin ro (ue for it by Art- 
 ion, e^'-. in the four: cT liiS Major, 5 andili 
 
in the City 0/ London. q^ 
 
 fuch a Day the Defendant held a Shop, and 
 ufed the Myftery of making Candles, and a 
 Plaint was levied, and the Defendant arre- 
 fted. 
 
 It was agreed by all that the Cuftomand By- 
 Law wasgoodj but there was a Defect in the DeTeainth* 
 Return ; it does not appear by the Return that Rctorn. 
 the Defendant had ufed tl:e Trade of Tallow- 
 chandler, nor fold any Candles, but only he 
 kept a Shop, and ufed the M) fiery of making 
 Candles; and it is not the making them, hut 
 the Talc of them is the Wrong ; and for this 
 caufe he was delivered , and not remanded, 
 2 Bro'ivn. 2S4. 
 
 It was agreed that a Merchant, or any vvb3tGoo(?s 
 other man may fell Goods in Grofs as he m-iybefcld 
 may fell an Hundred Tun of Wines, or pie- m Londin^zn^ 
 cesof Cloath j and one Tun of Wine to one bywhcm. 
 ' man, and a piece of Cloath to another, till 
 they had fold all ; and this was not a retail- 
 ing ; but they cannot fell by the Yard, or keep 
 r.Shop. 
 
 And in this Cafe it was fald by Coke, That 
 th^y couid not inflid; Conftfcation of Goods, pacTin'jrypi:- 
 or imprifonraenr, but may iniiiit Pecuniary Pu- ri^^'^^n^.^^ 
 nifhments. no'I-'Pni<^^- 
 
 menc 
 
 Alfo ir....; .....: is a Freeman of I.^»^c7; fnall 
 ,» imploy a Foreigner to work within the City 
 or Lil:e:-t.;.: thereof, he forfe!ts y /. a Day, and 
 an AtTricii l-.^z againft him for the fame; pur- 
 fuant to an Aift of - Co'-umon Council made 
 in the Mijoralty of Sir WuliaTn GirmriJ^ Knr. 
 f'in:o Aueuf':i ; 6^ A.?hil. & Mat, which Ad 
 is" as followeth : 
 
 ri 2 Where- 
 
lOO Orders for Foreigners 
 
 WHereas by theAnciept laudabkLaws,U- 
 berties and Fr^nchifes of this Noble 
 City of London^ no pei^fon or perlbns flio^ild 
 be willfngly fuffered to exercife, ufe, of oc- 
 cupy any Manual Occupacicn or Handicraft 
 within the f^id City orLiberties thereof, unlefs 
 he or they were free of the fame ^iry , or Aj^r- 
 prentice, or Apprentices with (ome that be 
 free of the fame City ; the which fald Anci- 
 ent LawSj Franchiies, and Liberties, noiwith- 
 ftanding divers Artificers and Handy-crafts- 
 men being Freemen ct this City, not regard- 
 ingor efteeming thefaid Laws, Libcuie.-, Cu- 
 ftoms, and Franchifes, nor the Oath that they 
 have taken to the faid City at fuch limc astkey 
 were made free; for the mainten:Jnce and ad- 
 vancement of the fame City have now of la^te 
 not only willingly fufrer'd, hired, and fet on 
 work within the faid City and Liberties there- 
 of divers Foreigners from the Liberies of th^ 
 faid City, in divers and fundry Handicraft and 
 Manual Occupations, but a'fo have refufed to 
 take and fet a work in tHb i:Jd Manual Occu- ' 
 pations or Handicrafts the honeft poor Citi- 
 zens and Freemen of the fame City, to the 
 great hindrance, lofsand prejudice of the laid 
 poor Citizens, and to the utter undoing of a 
 great number of the faid pcor Handicrafts- 
 men, being Citizens and Freemc n of .the (aid 
 City, and aifo of their poor Wives and Chil- 
 dren for ever, iHflcfs> fome fpeedy Rcmccy I ■ 
 herein provided. For refioimation wherec 
 be it enabled, ordAined, and eftablidic^d by th 
 Lord Mayor, Aidei men and Commons in this 
 piefcRt Common Council ,':ffcmbled, and by 
 the Authority of the lanie. That no perfon or 
 perfons, now being free ox t!.l« ^'^ 
 
in the City 0/ London, 6"^^. loi' 
 
 or that -hereafcei fhnll be free of the fame, (liall 
 after the Feaft of St. Alichad the Archangel 
 now next coming, by any colour- ways , or 
 means fet at work in any Manual Occupati- 
 on or Handicraft within thefaidCiry, the Li- 
 berties or Suburbs thereof^ any maniier of Fo- 
 reigner from the Liberties or" the faid Gity, 
 upon pain of forfeiture of Five Pounds of cur- 
 rent Money of EfigUnd for every time that 
 every fuch pcrfon or perfons fliall offend or 
 commit or do any thing contrary to the pur- 
 port, true intent and meaning of this prefent 
 
 * All and fingular which Penalties and For- 
 feitures above, and by this prefent Atft limited 
 and appointed, (haH be divided into rhree equal 
 parts, whereof the one to the ufe of the May- 
 or and Commonalty and Citizens or the faid 
 City foe the time being j and one other part 
 thereof to be to thofe of the firft prefenters of 
 the fame Oifencc ; and the third part thereof 
 to be to thofe of the Company or Fellowfliip 
 that every fuch Offender (hall be free of ; and 
 that all and every fuch Penalty and Penalties 
 and Forfeitures ftiall be recovered, as well up- 
 on the proper confeffion of the fame Offence 
 made by the fame Offender or Offenders 
 themfelves before the Lord Mayor and 
 Court of Aldermen for the timebeing; asal- 
 fo upon good and fuffitcicnt proof thereof to 
 be madcj by theWitneffes before the faid Lord 
 Mayor zri^i Court of Aldermen for the time 
 being, cr by Bill or Plai^ic of Debt to be com- 
 menced by any fuch informer or ^refenter in 
 any of the King and Queens Majefties Courts 
 oF Record within the faid City, in the Name 
 of the Chamberlain of the faid City for the time 
 bei^g ; wherein no Effoin cr Wager of Law 
 H : Mhall 
 
101 Onhrs for Foreigners 
 
 * jliaU bs admitted or allowed for the party De- 
 
 * fendanr. And be it alfo enabled by the Au- 
 ' choiiiy afo.efaid, That it be lawful for thefaid 
 ' Lord Mayor and Aldermen of the faidCity for 
 
 * the time being, upon every confeffion or proof 
 
 * of any fuch Offence aforefaid before them 
 ' inadej or fuSciently proved, to commit every 
 
 * fuch Offender or Offenders to Ward, there to 
 *^ remain wiihout Bail or Mainprife, until he or 
 ' they have fully farisfy'd or paid tlie faid Forfei- 
 
 * ture or Forfeitures apd Penalties to the Ufes 
 ' aforefaid. Provided always that this A<a of 
 
 * Cooimon Council, or any thing therein con- 
 'tained. fiiail not in any wife extend to be pre- 
 
 * judiciaLorhurrful to the Mafters or Governors 
 
 * of Chri(l\ Ho(pir.'jl ar.d BndfwcHj or to any 
 ' other of theKofpicals belonging to the faid Ci- 
 
 * ty for [he time being, or to any of tiiem, for 
 *,the fetcing at work cuher Strangers orForeigij- 
 
 * ers vvithiii the faid Houfes, or any of thcni ; 
 ' neither to the fiid Strangers or Foreigners that 
 ' ihall fo happen to Vv'orkifbercin, nor to any of 
 ' them ; neirher to any Freeman or Woman of 
 
 * the fame City, for having or fctting a wosk 
 ' any Apprentice .or Apprentices at any time 
 ^ hercafcer, in any Man u<:l Occupation or Han- 
 
 * dicraf: wi:hin the faid City j nor to any fuch 
 
 * Apprentice or Apprentices rhat iKail fo fjrve, 
 ' that his or their Indenture of Apprcnticchood 
 
 * be Inrolled in the Chamberlains Office of the 
 ' faid City, according to the ancient Cuftoms 
 'of the fame City in that behalf ufed and ob- 
 
 * ferved. Picvided alfo, that this prefent A<5^, 
 ^or any thing therein contained, ihall not ex* 
 ' tend to be prejudicial or hurtful to any perfon 
 *or perfonsnovr being cr that hereafter (hall be 
 
 * free of the faid City , forfetting a work at any 
 ^ time or times any perfon or perfons being Feit- 
 
 ' ■ ■ ■ > ' n"ijlier5 
 
in the City of London. i o 
 
 * makers, Capthickers, Carders, Spinners, Knit- 
 ' ters, or Brewers, or to any perfon that now 
 
 * keepeth, or hereafter (hall keep any Brewhoufe 
 
 * within the faid City or the Liberties thereof, 
 
 * for working or ufing any of the faid Craf:s or 
 ' Occupations within the fanv3 City, or within 
 ' the Liberties or Suburbs thereof, this orefenc 
 
 * Ad, or any thing therein contained to the coa- 
 
 * trary in any wife, notwithftanding. 
 
 But Note an Adion of the Cafe was brought 
 by the Weavers of London, none being to inter- 
 meddle with their Goiid , nor with cheir Arc 
 within the Ci«V, or Sout hii^ark^but thofcof the 
 Fraternity. The ^Bion fuppofed, That the 
 Vlaintiffs from time to time, whereof, &c. v.*ere 
 a Corporation in London, &c. paying for it 20 s. 
 8 </. to the Queen ^tr annum ^&c. And that the 
 Cufiom there if, d^r. that none ought to ir-.ter- 
 meddle with their Guild, nor with their Art 
 within Londm, or Scutbwark, but thofe of tlie 
 Guild : And that the Defendant being none of 
 their Guild, hid bought 40 pounds worth of 
 Silk of one R. to be woven, and had weaved 
 it, &r. The Defendant pleaded, Not Gwhy, and 
 a fpecial Wdict found thefe Cuitoms, &c. and 
 that the Dcicndanc, being a Stranger, had re- 
 ceived of R. 40 pounds worth of Silk to be wo- 
 ven, andhad carried it to H!ch;cy, and there 
 had woven ic, and had brought it back to lon- 
 floij, and received his Salary, &c. Et fi^&c. And 
 hereupon all the Court refolved. That it was 
 not any Offence : For akh.ough it were a gc^d 
 Cuftom, as they all allowed it was, being ufcd, 
 &c. yet this Cvonri acting for it in hmdvn^ and 
 working of it in the Countrey, is nptincerined- 
 ling wkb their Trr.de in Lopdonj no more than 
 if a Taylor fiiould buy Cloath, or receive aiiy 
 H 4 other 
 
1 04 Orders for Fore't<^ners 
 
 other thing in LorJon , and make a Garment 
 thereof in the Country; and although it be a 
 ContraAingin LorJyn, yecic is not intermedling 
 with the Trade. Wherefore it was adjudged 
 for the Defendant. Vid, i. Cro, 803. The Wea- 
 vers -vc'r/. Ero7i'ne. 
 
 
 Concerning 'Buying and Selling betwixt 
 
 Foreigners. 
 
 T isa Cuflora oi London^ that if one Stranger 
 buy any thing of another Stranger, it fhall 
 te forfeited to ti;e Mayor and Commonalty of 
 tlie faid City.. As to this Cufloni accept this 
 Rcfolution. I Crv. 5 J2. Sams v. Fafier, 
 
 AEfion cfTTc%'cr, and Converfion, of an Ox- 
 I-Iidecf ttic Plnintiffs in MiddUfcx^ the Defen- 
 dant pleaded that the City ♦f Lcnr!o>i.\s an An- 
 cient City, and that there is a Cuftom there, 
 that Siali'julse:<:traneHi forinfcciab Lthcrtate tjufdim 
 Cii,7ri;jfiibi;y anything de u/jo fonnfecoa Ltbertate 
 padicr. that it ihould be forfeited to the Mayor 
 and Comiuonalty of the faid City ; and faith, 
 Th3iZih(tV\3\m\^ Extramus a Lihrtciie, did buy 
 the faid Ox- Hide of another Foreigner ; where- 
 upon he feizcd it in London^ to the u^q of the 
 ^4a} cr, &c. abj^Hs hoc, that he did find it, and 
 
 convert in Middlsfeit. .^n^ it was thereupon 
 
 demurred. 
 
 GLn'vU argued for the Plaintiff; Firft. That 
 
 it was not a good and lawful Cuitom; and in 
 
 OK): f (h-iv-nrci^r-l rhe Cafe 7,6 H. 6. of Jew- 
 •j!d, and 21 ti> 7.40. 3 FJtz. 
 
in the City of London^ i o j 
 
 Dpr, iS6,& 24.6. And the form of the Plead- 
 ing he faid is not ^ood, viz. Si alis^uisex'ramus h 
 Ltkrtate ; but doth not fhevv where the Liber- 
 ty is ; and the TraveiTe is not good j for he 
 O'lght to traverfe every County befides Londony 
 and not Middlefex only. Ander.fon and Beaumond 
 conceived the Form of the Pleading to be iil> 
 but for the matter of the Cuftom it feif, they 
 doubted Owen faid The Cuftom was i^ood, 
 and had been allowed before thefs times. 
 
 An Jclof Common Council^ 1 ft. o/June, 
 18 I\j H. 8. Concerning makjfig 
 Freemen oj the dly^ againji colouring 
 Foreign Goods. 
 
 AT this Common Coucii^ic is Agreed grant- 
 ed, ordained and enacl;ed ; That if here- 
 after any Freeaiaa or Frecvycman of this City, 
 take any Apprentice, and within the term of fe- 
 ven Years fuffer the fame Apprentice to go ac 
 !i.'s large Liberty and Pieafure ; and within, or 
 alter the faidteini, agree wi^hthefard Appren- 
 tice for a certain Sum of Money, or otberwife 
 for his faid Service; and within or after the end 
 of the faid Term, the faid Freeman prefenc the 
 (aid Apprentice to the Chamberlain of the City, 
 rind by good deliberaricn , and upon his Oath 
 r:adeto the fame City, the fame Freeman or 
 
 -ee.vvoman adureth and affirmethto the faid 
 vj-jamberlain, that the faid Apprentice hath fully 
 f^.:vedhii faid Term as Apprentice. Or if any 
 
 eeiran or Frcc^/c.T.an cf this City, take any 
 
 Apprentice 
 
I o 6 Orders for Forei?ners 
 
 J o 
 
 Apprentice ; which at the time of the faid tak- 
 ing hath any Wife. Or if any Freeman or 
 Free woman of this City, give any Wages to his 
 or her Apprentice, or fuffer the fliid Apprenti- 
 ces to take any part of their own Getting or 
 Gains. Or if any Freeman or Freewoman of 
 this City hereafter, colour any Foreign Goods, 
 or from henceforth buy or fell for any perfon or 
 perfons, or with or to any perfon or perfons, be- 
 ing Foreign or Foreigners, Cloaths, Silks, Wines, 
 Oyls , or any other Goods or Merchandize 
 whatfoever they be ; wliecher he take any thing 
 or things for 'his or their Wages or Labour, 
 or not 5 or if any perfon or perfons being 
 free of this City, by any colour or deceitful 
 means from henceforth, dcbuy, fell, or receive 
 of any Apprentice within this City, any Mony, 
 Goods, Merchandize or Wares, without the 
 aifent or licenfe of his Mafter or Mafters ; and 
 upon Eiiamination duly proved before theChani- 
 berlain of the fald City , for the Time be- 
 ing. And the {xw^z reported by the Mouth of 
 the faid ChamberLiin, at H Court to be holden 
 by the Mayor and tlie Aldermen of the fame Ci- 
 ty , in their Council Chamber. 
 
 That as well the faid Mafler, as the faid 
 Apprentice iliall for evermore be disfranchi- 
 ied. 
 
 Vn 
 
hi the City of London. 1 07 
 
 Ti^e Cuftoms of London as to Jppren" 
 ticeSy ajidJeVeral Cafes adjudgd there' 
 upon. 
 
 TH E Cuftom of London as to TnroUing Ap- inrolment. 
 prendces is certified by the Mouth of the 
 Recorder. 
 
 The Apprentice at any time before one Year 
 (^if his Matter do not Inrol the Indenture) may 
 exhibit a Petition in Fre?jcb to the Lord Mayor 
 flnd Aldermen - and have a Scire Facias againft 
 his Matter, tottiew v;hy the Indenture was not 
 Inrolled ; and if he do not (hew fi;fficienc 
 caufe fas that he could not bring the Appren- 
 tice perfonallv, as he mutt, or fome fuch Caufe) 
 then he may fue out his Indenture, and be dif- 
 charged ot his Matter, V aimer 561. 
 
 But rhisCafe is more fully reported»in 2 RoTs 
 Rep. 308. in a Writ of Error between the Ma- 
 tter and the Apprentice, they were at iffue up- 
 on the CuOom of London, and the Certiorari w^s 
 awarded to the Mayor ; and the Recorder cei- 
 titied that where any Man within i\v^ Age of 2 1 
 Yesrs, and not under the age of 14, binds hira- 
 felf by Indenture, in which are many Cove- 
 nants ; thefe fliall bind the lufanc, aUhcughthe 
 Deed vv< s not inr-ollcd before the Chamberlain 
 within the Year : Bet with this difference, That 
 the Apprentice may aome in before the Mayor 
 and Aldermen, and there Ihew the M^^tter by 
 Petition in VreTich^ that the Deed is noi- enrol- Where tlie 
 kd wichin the Year ; and upon this a Scire Fa- Apprentice 
 das /hall iffue forth to theM^yor, to tl<ew why '^^^ be d;.. 
 the Deed w^s n-J "-■-'-, '-- "~ •■■™ • ■■ "■'r'^'^'^'':' ■ 
 
,^.(? 
 
 J o '6 Orders for apprentices 
 
 t^e&iilt the Deed was not InroIIed, the Defen- 
 dant fthe Apprentice; may fue out his Inden- 
 tures and fiiall be dTcharged; andif it wasnot 
 Jnro:Ied through th(J Default of (he Apprentice, 
 as il: he would not co.r.e to be prcf^nt before 
 the Chamberlain, but abfent himfelf, then he 
 ihall not bedifcharPed ; for the Deed may not 
 be Inrclkd , un'c-fs the Infant be prefent in 
 Court. 21 Jac. R. R. Cok and Hdmes, 6^c, 
 
 ^ Such A^ion was br-jghtagainft an Appren- 
 tice, {-v'x..) that he departed from his Matter's 
 S^rvice^c-r. The Defendant pleads Nonage: the 
 PliintiftTeply'dtheCu'lom o^ LcrJon, and that 
 the Indenture was Inrol'td as it ought to be- 
 and this was ceitifi^.d by the Recorder to be 
 
 ^!^^,9"/^°"^^ 3"d Judgment was given againft 
 tncD-fendant. 
 
 Action of X>tnt en Bond whereof the Con- 
 ADprenrrce dition ^.^.s t<) pci form Covenants in Indenture 
 tTvcr;.'^^- Apr-'ntkp in Un^,n : Thc Defendant 
 plead? tn.- Cui7om of Lov^lon, That the Inden- 
 t'Te ihall be void if" it be tiot Inrolied within 
 the Year, and this Cuttcni was traverfed. 
 A Ttmover. '^^^* Culioni of Lc^Jo» is, to turn over an 
 Apprentice from one to another; and he to 
 whom fuch Apprentice is turned over, may have 
 Action oi Covenant upon fpccial LTues, on the 
 kvcral Breaches afii^n.d j and the Plaintiff in 
 luch Cale had a Veididl, tho' it was moved in 
 An til of Judgment. 
 
 I. That ayi}r.')xlt [e a Servitio, fo many Nights, 
 
 and during :hot time did not ferve i.im; 
 
 which/:crLV. being found againft him is 
 g,ood enojgh. / 
 
in the i.^j -.j London. i oo 
 
 2. It is faid he did flot ferve according to his 
 Covenan:5;-vhereas noCovenanc was made 
 w/ith the Piauitiff, yet ic is good oiVough, Covgna^, 
 and the Conclu<?o;'i;, Etfic mn tamit cDwen-- 
 tfcmfft made with the Plaintiff, is as good 
 as can be, rtod J'.:dgnient pro^wr. iKeeh. 
 250. Bowcbir and Cofter. 
 
 kBiion of Co^'Cni; - -..: .wrought upan l!::; 
 Cuftom of Lomlo'iy Thai; an Infant aboue 14, 
 and under 21 may bind hi;- ' , 
 
 nnd^chatthe M^fler Ihall h?.vc :. ' J^^^ Cuftom 
 
 lie were 2i» it's govid, nbd bene ; -^^^^iJd ' 
 
 ■^at the Cufton is, That be ' 
 
 .f CoYcnam againft him] for . . 
 piicb as niuch.iWo^J?!?;;. 27 1,^ Hfr*? and :>.v a Cn- 
 
 In Covenant it was laid that e' -i.omistobe 
 
 r.ian may take an Apprentice, and ch- .s s'^edgd h-i 
 
 ir.fiV bind themfelves toferve. - pitatlir-. 
 
 It"«vas objediedjThst this Cufiom was r...-: '='d 
 '.: jiirtj and not infach, foiUfage is not c.cl red to 
 it : As a Cuiiom of a MannotjThat ev^ry Te- 
 nant fotun & ^otuijfct furfuTn rtJdnc is" ill : '^x. 's- 
 cct & licuity for the Lord to alTefs a Pain ; L-.: 
 tiie Court couira ; as Ol^ Entries 141, a Ciiftorn 
 chat every Citizen and Freeman might dc ■■'■• 
 in Alortfruun good. I Crck 547. and in .'/.;...- 
 /«;•/? and 6'/;7's, Kaym. 
 
 An Infant binds h^i^^'tlv Apprentice at j6 
 
 1 London, if he he fued upon his Coveijant in 
 
 ". C. as he may, he fhali noc plead NoiMge in 
 .< ar ; for this Cultom ttiat Jljch Coven mts jhail 
 bind in Lcndcn\s becofi'C aljcv/abis i?" Law, and 
 io pleadable in a;iy pJace in Engiand^'vid.juffa. 
 & "jidQ\c{tc^Qh'atvkit\\;''-r C-'urt. 
 
 Qujloms 
 
1 10 Cujloms 0/ London 
 
 Cujloms of London General and SpC' 
 cial. 
 
 Lord Mayor, 
 
 FIrft, As to the Priviledges of the Mayor and 
 Aldermen J It is to be obferved, that the 
 Lord Mayor for the time being is perpetual Co- 
 roner and Echeator ; and the Coroners Court 
 is always held before him or his Deputy, Djer 
 317. Stanford, lib. 2. C. 31. ^InH.2^0, Cro. 
 Jac, ni- 
 
 The King's ^Tl H E Mayor of Lomht at the Coronation 
 Butler at his JL of the King ought to be the King's But- 
 Coronation. |gj. j fj^ ^^ j^oft, ^-c. Servica^ Jhe Mayor thehi. 
 
 claimed it, and hadic granted to him, i RolWs 
 
 Repj45:. 
 
 It's the Cufiomof Lopnon, That if one be E- 
 
 lecfted Mayor, and he refufe, to fine him 5*00 /. 
 
 To pay 500/. Bqj they ought not to chufe an unfit Man on 
 
 upon refufal. puj-pofe'to have the Monsy, 1 Rolls's Reports 
 
 109. 
 
 Alderman /^^^7 having an Houfe at in 
 
 Ej//t'x, where it was pretended, That Conflablcs 
 fhouldbs E!e6ledout of the Inhabitants of every 
 ^^'^^^ beEle ^o"^^ ^V prefentment every year in the Lee: , 
 Sed^Confta!" and the f;iid Alderman by the Name of John Ab- 
 b!e, &c. dj, Efq was nominated by the Leet hvolden fuch 
 a Day to he ConftaMe there for theYear follow- 
 ing ; ard hec^ufe he refufed,, theSteV'ard impo- 
 izd a Fine upon him j and ic v7as%iovcd to have 
 
 a Wiit 
 
General and Special 1 1 1 
 
 a Writ direded r. rlie Lord of the Mannor, and 
 his Steward, todifcharge him, and it was grant- 
 ed : for he oupht to be dirdmrscd bv his Privi- 
 legCj and for-eafon or his Attendance in the 
 Courts of Lon-Jotty and he need not execuie by 
 his Deputy,- CVo. C^r. 585. 
 
 Thofe of Lorxhn njay prePjribe againll a Sta- p^erctibe 
 tute, and th--' reafon is, becaufti their Liberties agqinft a Sfa- 
 are reioforctd by Statute. Sir Ed, Cckc faith, tute, and 
 in Sprina I and Tcn-^nt's CaiiG, 1 Re//j*s Rep. 105-. ^hy. 
 we tike r5otice of theCuftoms in our Courts^ 
 and in the Courts of WtF.minsier-hall, and in 
 LonJcvi and tleetwcod Recorder ci London {-^iih, 
 in 1 Lecv. 284. Holinshead iitid Kirgs Cafe^Thac 
 f'le King's Courts ought to rake noclcej that 
 
 ofe of London have a Court of Record, %o /^/^i^r- 
 
 w«/'o, p. ^ I. 
 
 here particular Cuftoms in London arc 
 pleadable J cr iict^ in the B.' R. or 
 Commoa-PleaSj or only ivitk'm Lea- 
 don. 
 
 ■^N the Cafe of St^.ftton zn^ Squire, Mcori^y, 
 
 it was agreed upon the Book of i EJ, 4. up-' ^ , 
 theCuf^orn of a Feme'Covert Sole Merchant, jvfircbnr, 
 and held that this is |)leadable, and ihe is to be when to t'e 
 fued in Lo/,^/i/w, and not eiiewhcre. fued- 
 
 So the C'lllom of Lo7iJc?iy That Pledges fhall 
 fued wUho'jc DeerT; snd that Infant (hail 
 t wage his Law upon Covenant for 'Tabling, 
 : in the. CoiLmon Bench/ fuch Infaric 
 
 fhail 
 
1 \z 
 
 Cujlojns of London 
 
 {hall wage his Law, and fuch Woman fiiall not 
 be fued,and fuch Pledges Oiall not be fuedwith- 
 out Deed. 
 Iflnfant fued Buc if an Infant binds himfelf as an Apprentice 
 in B. c. upon in LendoHy if hebefaed upon his Covenant, in 
 his Covenant, c, ^. ^s he may, he fhall not plead Nonage in 
 ^fg^^'^^'^.^'^ Bar ; and JValmjley took this Diverfity between 
 age in Bir. the faid CaftoiTis and this Co^enan; j for the 
 faid Cufl-oms are things Executory, and thefe 
 Diverficy . are Prefcriptions united to the Courts oiLondony 
 for it only appears in Suits and Picas : but this 
 Covenant by the faid Caftam is became a ftrong 
 thing, and allowable by the Law, and fo plead- 
 able in any place in Knglmd: for the ^ords of ' 
 the Plea are, Thac the Covenant Hiall be of ' 
 fuch t^'idi and efficacy as if he had been of full 
 Acje at the ti/ns of the Indenture, and then, he 
 ihall be bound in every place within \.llje 
 Rea'tn. 
 
 The Recorder of London moved in rinother 
 
 Gafc, trhat where the Cu do m ' ' ' ^'-VvjthaC 
 
 if many arc bound in an Ob' .Sureties, 
 
 if the principal fail or pa -at one of 
 
 the Sureties fie fusd up6a t\\z -Ljr.a, :nac he fliall 
 
 have a Writ ds canyitu^iom far;::^:h 2Z^iii(\ t!.C 
 
 other Sureties, and tol#'thfe C i Ic 
 
 wa? brought in London^ and h aov/ rciiiovcd m 
 
 Ba/xo ; and prayed the Juftices to reraand this 
 
 ro Loftdo?}, for that the Co.nmon-pleas cannot 
 
 do right upon thatCuftoai, and his Requeft was 
 
 granted. 
 
 How tbfiCu- The Plaintiff upon liTne Joined upon theCu- 
 
 ftoms fhere ftorn, furmifed thac there is aCuftom in -'o;.'/i'», 
 
 are to be cec- yhac if any Cuftom b^' r.\-zxd:d -ind dcnisd,and 
 
 tlfiedinto iffue thereupon, it ibali'be trved by a Writ to 
 
 c:herCourc5. ^j^^ j^j.vor and Aide -; ■) >e.tifie whether 
 
 there he fuch a Cu; "' f^iey fhall ma!:c 
 
 their Certfetc by the M ilieirRscorder, 
 
in the City of London. 1 1 3 
 
 Ore tenus, and prays to have a Writ to Certify, 
 andaWric is awarded accord ingly, Cro. Car. j i6. 
 Jfkton and Stoughton. 
 
 If Tudgment be given in LcrJotiy and it comes „,, , 
 
 . •^J' t 1 ' c V, r- Where the 
 
 into n. R. we ought to take notice ot the Cu- ^^^^^ ^^ g ^ 
 ftom of Louden : But if a Cuftombe in another (hii! rake no- 
 place on- an Original A(5lion, there we ought tics of the 
 not to take notice of it without being ailedged, Cuftomsof 
 fer Cur. i Rclh'sRc^, io6. ^^'^'"^ ""' 
 
 In many Cafes the ^rlVileges of the 
 Courts of Wcitminfter hciVe been ciU 
 lowed cigalnft the Cujlomary jBions tn 
 in London. 
 
 Action fur cofscefjlt: Sohere, which is a cudo- 
 mary Adion in London, was difcharged 
 by the privilege of the Common Pleas after a 
 large debate, 5 8 H. 6: 29. h. 
 
 An A(5lion upon the Ccftom of London Cuftcmarv 
 againft a Feme-Sole Merchant was difcharged A<ftiomdif. 
 by Privilege eo e^uod the Defendant and her charged bv 
 Husband were empleaded in ths Common Pleas, P-ivi;«-?^ of" 
 and yet this is a cuftomary Adion thatdoesnot pieas*"'^° 
 lie in the Common Pleas nor eifewhereoat of 
 London^ 9 Ed- 4. % ). 
 
 Edward was indebted to one y^. and deli- 
 vers Goods to Tetbury^ being a Carri:^ to cirry 
 them : A, atracheth the Goods in the hands of 
 the faid Tethury the Carrier , who being pri- 
 vileged i;i the Common pleas by an k^.- 
 
 i IJA 
 
1 1 4 Cujloms for Trade/men 
 
 ion, was difcharged of the Attachment, iLec--. 
 189. 
 
 But Money was attached in che Hands of 
 Turbile, Clark of £. R. and he moved for his 
 Privilege, but it was denied, i Suruls 68. 
 
 Cuftoms which take effed in the Court u\ 
 where the Cuftom is ufed, and there begins to 
 be in force, thefe are not allowable but in fuch 
 a Court, City, or Borough where they are 
 ufed, as in London the Cuftom is, that in kcA- 
 on of Debt on Contrad, if the Aldermen oi 
 of the City \y\\\ record this, the Defendant in 
 A(Siion againft him ihall be oufted of his Lij- 
 
 tgy. i^^<^^ ; 2nd this is a Good Cufiom, and allowa- 
 
 - ' ble in the Court there j buc if the party bring 
 his Action in B. R. the Defendant (hall have 
 his Leygager tho the Alderman comes here, and 
 records the Contrad, 2 Btdjir 192. in Burton. 
 and V aimer's Cafe. 
 
 When a Debt is recovered in London by force 
 of a Foreign Attachment, and after the Debtee 
 
 \?Iul^lt^' of him in whofe hands the Money was attach- 
 ed, brought the Adion,an^the Foreign Attach- 
 ment is pleaded in Bar, Tar Cur. u-e ought to 
 allow it ; but upon fech ctifioni by way ofOrigi- 
 nal Suit we cannoc do right to the party. iRolIs's 
 Rep. 268. Cro£iis Cafe. 
 
 tachment. 
 
 where 
 
in the City o/London. ^ i 5 
 
 Where, and in what Cafa by the Cu/fom 
 of London , or not , he who is 
 free of one Trade may Jet up ano^ 
 ther. 
 
 ^ T. W5S Appientice for feven Years in ton- 
 ' . aWool-Pack2r,andis made Freeman; 
 hs icaveih the Trade of a Wool- 
 ckec and-becaketh him to theTrade of anUp-" 
 •lusr : T. A^ exhibits an Information in the 
 -3urtof the Lord Mayor of LcTirlou, tam pro 
 Ao^pj. Re^equar/j, &c. upon the Stat, of y Khz,. 4. 
 This Information being removed out of tha 
 Mayors Court by Certiorari into the Klr.rs- 
 Bench, J. T. pleads the Cufiom of Lojidoii, That 
 r every Citizen and Freeman of LcrJon, which 
 hath been an Apprentice in London unto any 
 Trade, by thefpace of Seven Years, may weil 
 r^nd lawfully relinquiih that Trade, and exer- 
 ie any other Tride at his wijl and pleafure ; 
 ■ d flieweth farther, that all tht Cuftonis of 
 7;i/c;;were confirf-red by K, R. II. in the Par- 
 mem haldcn in eheleventhYear of his Reign, 
 :d averreth, That he had ferved one ( ) 
 
 • theTrade of a vVool -Packer, as anAppren- 
 .:e, by the fpace of Seven Years, and that hs 
 3S a Citizen and Frefmanofi>7.'i/i?», and that 
 ^ did relinquira the Trade of a Wool-Packer, 
 d betook himfelf CO -the- Trade of an Uphol- 
 . rer, p-o u: ei litis- Ucuitj and deaiands •J-.a 
 dgment of the Court, if this Infc ^^''':-'^n will 
 ^. y. y. dsmurs to the" Plea. 
 
 I 2 The 
 
1 1 6 Cujloms for Tradejmen 
 
 The Queftion was. Whether this Cuftom of 
 relinquifiiing one Trade after he hath been Ap- 
 prentice for feven Years, and betaking himfelf 
 to anotherTrade wherein he hath not been Ap- 
 prentice be good,. or not; and ic was agreed to 
 be a good Cuftom, and it might have a reafo- 
 nable commencement. London being a famous 
 City for Traffick and Commerce, cannot but 
 fometimes have Merchants and Tradefmen in 
 it, who by mifadventure of Pirates , or Ship- 
 wrack, or by confifcation of their Goods in Fo- 
 reign Countries abroad , or by Cafualties of 
 Fire at home have their Eftates funk, whereby 
 for want of Means or Stock they are forced to 
 leave that Courfe, and betake themfeives -to 
 fome other Trade, proportionable to the Means 
 which they have j or through Sicknefs, &c. he 
 may become infirm in Body, and cannot follow 
 that laborious Trade, &c. and this Cuftom hath 
 had a perpetual allowance. 
 
 It was a Queilion in this Cafe, V/hether the 
 Branch of the Star, of 5- Bitz.. 4. be a repeal and 
 controle of the Cuftom of London , concern- 
 ing the. exercife of a Trade thsc he hath not 
 been an Apprentice to by the fpace of Seven 
 Years. 
 
 And it was refolved, that the Cuftom of Lon- 
 don was of force, and was not coiltroUed by 
 that Branch. 
 
 It was alfo refolved, That the Trade of an 
 Upholfter was not within that Stat, of 5 Eliz. 
 Caltbr. 9. JlUn <v. Tolley, Sid. 3 67. contra, and 
 that it is within the Statute. 
 
 This Cafe of Jolley was adjudged 12 Jat. m 
 
 But 
 
 I 
 
in the City of London. 1 17 
 
 But fince it hath been adjudged that there is 
 no fuch Cuftom in Lcndoiiy and that was the King 
 againlt Bag^iav^. 
 
 The Infornmation was againft Bagfloa^w^ upon 
 Stat. J FMz.ior occupying theTrade of aGold- 
 fmith,not being an Apprentice to it; TheDefen- 
 dant pleads the Cuftom of LcvJcn ; That one 
 being an Apprentice for Seven Years, and made 
 a Freeman of London of any Trade, may ufe 
 any other Trade in the fame City, and fliews 
 he was bound Apprentice to the Art of the 
 Cordweyners, and ferved feven Years, and was 
 made free, and fo juftifies : The King's Attor- 
 ney demurs , and after waved the Demurrer, 
 and took Iffue upon the Cuftom, and the Iftue 
 being joined, whether there were fuch Cuftom 
 as is pleaded. Zi^r/ercw Recorder certified. Ore , 
 se»usy That there was not any fuch Cuftom ge- 
 nerally, for he faid, That the Cuftom is not 
 that one brought up as an Apprentice in the 
 Trade of a Goldfmith, Cuiler.d^c. being a Free- 
 man of London^ may by colour thereof ufe any 
 Manual Trade; but one of a Trade who ufeth 
 buying and felling, as Mercer, Grocer, may 
 exercife another Trade of buying and felling, 
 Cro. Car. 547, 561. fo was Afleton and Stcugb- 
 t ns Cafe, Cro. Car. J 16. And it is refolved in 
 Flerrhen and Bagfija^'s Cafe, upon Recorder Lit- 
 tlttons Certificate, Ore tevus. that there is not 
 any fuch Cuftom, 2 Rolls'sahr. J75. 
 
 K. was indided at the Seffions in Suffolk for 
 ufing the Trade of a Woollendraper, at Frr.nt' 
 hngham in the fame County, &c. not having 
 ferved as an Apprentice to it, againft Stat, y E/. 
 C.4. which was removed by Cenioran in B.K.Tho, 
 Defendant pleads, that he is a Citizen and Free- 
 I 9 man 
 
 ^ 
 
1 1 8 Cujloms for Trade/men 
 
 man of Londony and that K. H. ;. by his Letter* 
 Patents grants to the Mayor and Commonalty 
 ofthefaid City, and their Succeffors^ Quod em- 
 The Charter 9}es cives cvitat' frad. per totam taram^ &c. liberc 
 of K. H. 3. ^ jine ImpcdimcKto tain per iT^ave n^uam per t err am i 
 about Citi- ^g rebus ^ MercitKonils [tiis ey^tunc mpo(}:erMmnegO'% 
 ^f» M*rchan- ^^^^^ PJF^^^^ P^^^^ f^^ v'lderint cxpediri uc etiam re- 
 <3i7.it)gex. fiuerent & 7mrareniur ubicwujue vohennt infra hoc 
 pounJcd, regnumAt7ghi£ cumMerclnicntis d^McrcharJiz,is fuii 
 emend. ^ 'VCt^dend, &• pro vcgotiatkmbus fuiiccrifi." 
 cknd ; and pleads the fald Gr<>nt, and all the Do- 
 nations and Cuftcnis were confiantd by i?. 2. 
 and that he being a Citizen and Freeman ofLon- 
 don^ by all the time mentioned in tlie Indi<9:- 
 mcat, r.piid Fra7nl;7jgham praJ. rcpJthut ^ mora- 
 hatur cum ejuiktfdam Mercimonlis pannariis emend, 
 &" 'vendeftd. Mercimon'ta pim-iunr p-^d. pro ut ei b^ 
 ne Ucuit juxta concefjion d^ conjirKiation prad, 
 which is the fame ufing the Trade fjppofed in 
 ThnGI- the Indidraent. Ill Plea becaufs the Charter 
 no difpenfati. ^'^ ^' 5* Cannot be a dilpenfation with the5/<?f. 
 on wirh the $ Eliz. which fays. That no^erfon jhail ufe a Trade , 
 Stst. 5: Eltz: &c. to which be has net ferWed as an Apprentice ; it 
 TLitm^perjon Qj^jy gjygg liberty to Citizens and Freemen of 
 xtade'that London to fell rheir Merchandizes in any places 
 has mt hen ('Bofoughs OF Corporations) at their pleafure, • 
 jsppr entice, it never intended to give Liberty to ufe a Trade 
 to \v'/ch he had not been Apprentice) for two 
 K.eafon:. F/r/'jBccaafe a: Common Law, be- ^ 
 iorethiStatuce anyone n-iight ufe whatTrade he | 
 would, though he had not been Apprentice, if 
 he had Skill. Secondly. It only gave Liberty to 
 refide where they pleafe, though fome Cities 
 and Boroughs claim a Liberty to exclude Fo- 
 reigners, Oc. £/. 110, 5J2. Dyer -L-jC). B. S 
 F.ep, 12 3, ^Anderfon 511. the King v, Kil- 
 dab;. 
 
 The" 
 
171 the City of London, ^c, 1 1 p 
 
 The Cuftom o{ London pleaded. That Infant 
 may bind himfclf Apprentice at i6, and Non- 
 age (hall be no Bar, W. ti!. Cuflom jpleaded' It 
 was moved as an Exception, that it is alledged 
 that every Citizen and Freeman may take an 
 Apprentice, and it is not faid^that the PlaiatifF 
 is a Citizen, but that he is a Freeman: But 
 F/ft;ai'W Recorder anfwered, That a Freeman a Freeman 
 may take an Apprentice at Ycrk, and fuch Ap- may take an 
 prentice fhal! be Freeman of London ; but he Apprentice 
 faid, a Citizen is fuch a one as inhabits in the ''^^'"■^■ 
 City of London^ Mcor. 135', 136. and yet in 
 2 Bulf^r. contra, p. 193. 
 
 And it ought to belaid in the Declaration, _. . . . 
 that B. being a Citizen and Freeman of London, ^ ' 
 
 (civis &' liber homo) and not a Freeman of Lon- 
 don; and for this caufe a Judgment was revers'd, 
 zBulftr. 191. Barton and Falmsr. 
 
 . A Man may be made a Freeman of London One may be ■ 
 
 r three ways. made a Free- 
 
 man of Len- 
 
 T, o • I / n ■ d°^ three 
 
 .1. By Sewtce oj Apprsnt^Jhtp. ^ 
 
 2. 11/ Rf demotic?! Fivs, or Ranfom. 
 
 By Birth , ^s a Freemar^s Son is Free , 
 
 . BalRr, 19;. 
 
 Coveiianc was brought againlt an Appren- Declaration 
 t'lC-^ on Indentures ; Defendant pleads he was on Cove- 
 within Age : The Plaintiff in hi§ Replication nantsinge- 
 inaintained his Adion by th 3 Cuftom of Lcn- "^A'^f^'^. 
 dan^ That h:^ may bind hioifs'f at the Age of tjce. ^^^^^' 
 Fourteen. 
 
 The Queflion in ^Leon, 77. and Cro. El^z. Replies by 
 •'^ !2. IViiikii' and Jstcholfons Cafs was, Whejh^r fhe Guftoni 
 i. iS were a departure in pieading, and it was pf^»«'^"» »c 
 J ^- re; and r^R,2. was cited, ^^j.^^ 
 
 I 4 ho=V 
 
I 2D Cufloms for Trniefmen 
 
 how that an Infant brought his Atftion againft 
 his Guardian in Socage, who pleaded, that the 
 Plaintiff was within age. The Plaintiff did main- 
 tain his Declaration, That by the Cuftom of 
 fuch a Place an Infant at the age of 18 Years 
 mignt bring an account againft his Guardian in 
 Socige, and it was held no departure. In the 
 principal Cafe it was much argued, in Mould 
 and Head's Cafe, 14 and ij Car. II. B, R. be- 
 caufe he brought his Adion as at Common- 
 Law generally, and maintained it by a Caf^om. 
 Some argued, that it was a departure, and ci- 
 ted I hfl-. 504. snd Kel. 76. the Abbot of 
 Dep.7tmre in ^"^^-''^^^ Cafe, which was, A<5tion was brought 
 pleading. againft H as Bay iiff generally. The Defendant 
 pleaded, He was Receiver. Plaintiff replied , 
 That the Tenants of the Manner have ufed to 
 eled a Tenant , which (hall be Bayliff to col- 
 . h£t the Lords Rents, and this was adjudg'd a 
 a departure, 1 7«/?. 304. KeL 16. 
 
 In Telvi i;. PI. 22. PVood and Hawkjkead's 
 Cafe, It was argued there, if a man entitle him- 
 felf by the Feoffment of otie ^. and the De- 
 fendant (hews how y^.was sn Infant at the time 
 of the FejcffmeBC, if the Plsir^tiffin his Decla- 
 ration will induce a Cuftom to make the Fe- 
 offment good ; tJiis :s a departure, the Cuftom 
 being a Matter of Title ^nd Variant from the 
 Dec arpticn. 
 A\l2i<^?' a -^'"^^ '^ was agreed by all. That where one al- 
 
 GeneialCu- ledgeth a general Cuftom in a Covenant, and 
 isom. aha J e- replies by fpecial Cuftoms, that that is not 
 P.'^e'^^y^* pe- good. 
 
 By IVindkam Jtjftice, this is no departure in 
 the principal Cafe, being no Matter varying 
 fiom the Covenant; ihac being but fuppofal 
 and always genera!, this fpecial Matter is a 
 good fupporf; and tliat this is no, departure 
 
 fi'OUl 
 
 ciii Cuflou}. 
 
in the City of London. 1 2 1 
 
 from the Title, but an Anfwer to a difability 
 pleaded in Bar, 21?/. 13. 
 
 FoJ^e*- held it to be no departure, the gift of 
 the Action being laid in London, and the Title 
 is the fame Stile, only the porfon enabled , 
 Winch. 6':^. 
 
 But by TwifJe?! it is a Departure, and all the 
 Prefidents are to Count on the Cuftom , as 
 being the ground of the Adion. And further j^f^^^ 
 he faid, as in Gilbert and Fletchers Cafe, Htli ^. bound by 
 Car. I. the Adionis founded on the Covenant, Collateral 
 and not on theCuftom; and an Infant is not Covenant, 
 bound by Collateral Covenant. 
 
 But the Court gave leave to the Plaintiff to 
 difcontinue his Ad:ion,and todedare on theCu- 
 ftom of Londotjy That an Infant may bind him- 
 felf 
 
 Covenant was brought upon Indentures of 
 Apprentifhip, containing the ufual Covenants 
 in fuch Indentures, and the Breach was, that 
 he ran away with his Matter's Money in Lon- 
 don. 
 
 Two Exceptions were taken to this Decla* 
 r.nion. 
 
 1 . In the Indenture theWords are, 7hat the hfant 
 
 i%all h,hy aland faithful, ^Q. 0- (ecreta fua ce^ Wo^^st^^ 
 kr , wuhout any Words ot Covenant Ex- venanc. 
 prefs. 
 
 But it vvas refolved, That the Words Imply 
 a Covenant. 
 
 2. It was excepted, That Infants fhai! be bound Thsc an Tn- 
 by Covenant is pleadable no where but in fantfhall be 
 London fas the Cuaom is, that Infant faall ^°""^ ^^>' '"^ 
 
 ^ , • r /- r n^ Covenants 
 
 not wage his Law unon Covenant ioria- when ptjd - 
 
 blingj b'.. 
 
I X z Cufloms for Trade/men 
 
 bling) fed non allocator. It is pleadable at any 
 place; this Covenant is allowable at Law ; 
 and the Words are. That the Covenant {hall 
 become of fuch Effedand Efficacy, as if he 
 bad been at full Age at the time of his fealing 
 the Indenture; and then he (hall be bound in 
 every place within the Realm. 
 
 The Court feemed to be of opinion, that 
 it was a Good Cuftom, and that the Adi- 
 on was well brought, Moor 155^. Statitoni 
 Cafe. 
 
 In Adion of Covenant on Apprentices In- 
 ^^^^!ke r* ^^^^"'■^s ' ^^^ Defendant pleads a By-Law in 
 Bond void. London, by the Common Council there; That 
 if any Freeman take to Apprentice the Son of 
 an Alien , that Bond and Covenant fliall be 
 void. PerCur. that is, no plea for the Common 
 Council cannot make the Conditions or Cove- 
 nants void, but may inflid a Fine on fuch a 
 Mailer, Afocr^ix. Djyzeliand Feck. 
 
 D'tsfranchifementj what are good Caujes, 
 or not. 
 
 ONE Citizen of Lmdon faed another Ciiizen 
 \v\ B.R. and the Mayor and Aldermen of 
 London would have him put the' matter tocom- 
 promife, • which he refufed ; whereupon they 
 diddisfranchife him, and he ihewed this matter 
 to the Court; and thereupon the B. R. direded 
 their Writ to the Mayor, to. reftcre him to his 
 Franchife, and they alfeffed a Fine of ico 
 
in the City of London. 1 2 2 
 
 Marks upon every of them that were Parties to 
 the Disfranchifement, which they payed, and 
 the Citizen was reftored to his Franchife, m 
 
 temps H. 8. per Teriam Cro, £/. 5 3. 
 
 Upon an Habeas Corpm to the Mayor of Lon- 
 (Jo»y a Cuftom was returned to disfranchife and 
 commit a Freeman for fpeaking opprcbrious 
 Words of an Alderman; the Court faid they 
 might fine in fuch Cafe, but the other Cuftcm 
 would not hold notwithftanding the AB of Con- 
 frmation of thefe Cuftoms. 1 Ventr. 527. 
 Clark's Cafe. 
 
 Cujloms as to Women, 
 
 BY the Cuftom of London the Wife fliall 
 have the moyety of the Goods whereof 
 her Husband died poflefs'd, and by his Will he 
 cannot prejudice her concerning her third parr ; 
 yet in his life* time he may give them away,Cr«. 
 Car. 245-. 
 
 On Bargain and Sale of Houfes in London^ 
 by Deed enrolled, if the Feme-Coveit be exa- 
 mined, it fliali bind her, as a Fine doth at Com- 
 mon Law. 
 
 Women Coverts that' ufe certain Craft with- 
 in the City by therafelves, without their Huf- 
 bands, may by the Cuftom of Ldm'cn take Wo- 
 men to be their Apprentices, for to ferveehem, 
 and to learn their Crafts, &c. 
 
124 Cujloms of London 
 
 of a FemC'Sole Merchant. 
 
 THE Words of theCuftom are, That ivhere 
 a Woman exerc'tjeih a Trade "whtrnn herHuf- 
 hand doth not intermeddle ^ (he fliallhaveaH advanta- 
 ges ^ and fnall be Jued as aFeme-Jole Merchant by the 
 Cuftom. 
 
 Feme Covert by the Cuftom of London fhall 
 fue without her Husband, as a Feme-Sole Mer- 
 chant, by tVray. But the Adion muft be laid 
 within the City, Chamkrlam and Sharps Cafe. 
 But every FeJ-ne which traces in London is not a 
 Feme Sole Merchant. 
 
 On Haheas Corpus to remove the Body cf4m 
 c^ufa of ihs Wife of B. it was retorned, that the 
 Adion was brought againft her and her Huf- 
 band as a Feme fole Merchant for Wares bought 
 by the Feme wherein the Husband was named 
 only for Cor;forn?ity ; and by the Cuftom the 
 Execution Hiaii be only againft her, Cro. Jac, 
 
 Bluer was a Vintner, and preft for a Soldier 
 beyond Sea, ^ndgoes over Sea; the Wife takes 
 a Houfe, and bays Wine of Langbam , who 
 truds her, fuppofrng her to be a Feme-fole Mer- 
 chant; After the Husband returns, and theWife 
 dcnieth to pay for the Wine, and the doubt was. 
 If the Wife wjis a Feme-fo!e Merchant by the 
 Cuftom ; and. the Words of the Cuftom were 
 read prout Jupra'^ and by R^cbardfon and Td'verton 
 fhe is not a Feme fole Merchant within the Cu- 
 Aoin,for her Husband exerclfed the fameTrade; 
 and by Tehtrton Feme- fole Merchant ought to 
 be the Widow of a Tradefman, v»/ho takes a fe- 
 cond Huiband, and fhe after exercifeth the 
 
 Trade 
 
General and Special. i 2 < 
 
 Trade of her fir(> Husband : But Croke, Huttcn, 
 and Harvey contra^ If the Husband meddle with 
 the Trade of the Wife, then fhe is not a Feme- 
 fox Merchant ; but if the Husband be beyond 
 Sea, or becomes Bankrupt, or leaves his Trade, 
 and his Wife exercifeth the fameTrade, or they 
 both exercife the fameTrade diftindly byrhem- 
 felves^andnot meddle the one with the oiher^the 
 Wife is Sole Merchant, Litt. Rep.^S. iCro. 67. 
 Lapgham and Bluett^ Tamen quaere. 
 
 Feme was indided as a Feme- Sole Mer- 
 chant , for felling Ale , and her Husband not 
 joined. Where ftie ufeth the fame Trade, fhe -pt,g Cuftom 
 dothit as a Servant, and he alone ftallbe Indi- ofrbeFeme- 
 (fted : Nor will any Adion lie in B. R. againft Sole Mer- 
 her alone J and a TrcceJetti^o *vas awarded , chant was al- 
 2 Kebl. J 8 5. Mereton and Tackman ; fo a Vro^ liMzv^^ion 
 ctdtrtdo was afterwards granted in Rojfion and and a proce- 
 Iver/s Cafe , on Suit of a Feme Covert, as dende,^n6. wis 
 a Feme-fole Merchant, the Cuftom being aU awarded, 
 ledged in the Declaration. 5 Kek 502. 
 
 Concernino- Jciionahle JVords fpoken of 
 Women. 
 
 • 
 
 IT is a Cuftom of London to maintain an Act- 
 ion on Scandals, and Words of Defamation, ^^^^ ^ ^^,^ 
 that are not Actionable in a Court at IVefimtn- oimmock' 
 [itr. As to this CuUom it was refolved as foU i; Fawcet. 
 loweth: 393^394- 
 
 One 
 
 Cro. 3 fart. 
 
m6 Cujioms of London 
 
 One Margaret Hart brought an A«5tion in the 
 Sheriffs Court in London againft another Woman 
 for faying, That (lie ivas an Arraa Whvrcy and 
 ^cnt from Chamber to Chamber flaying the tvhore. 
 This was removed by a Habeas Corpus into the 
 King's Bench, and Bail put in. Siof:e moved 
 for the Plaintiff, to have the Caufe remanded, 
 becaufe for thefe Words At^ion lies not here, 
 but th«y were Adionable there by the Cullom 
 of London, becaufe fhe is puniihable for fuch Of- 
 fence. But the Court denied togriLnta.Proceda;iio, 
 and faid, an A^Hiion lies not for thefe Words ; 
 but that fhe fhould be fued for Defamation in 
 the Spiritual Goait only. Cro. 3. Part 3^0. 
 Harm's Cafe. 
 
 An Action upon the Cafe was brought 
 Cro. 3 pan jj, Lo?ido^^, for Woids of the Feme, Tku art a 
 
 Bower <a(,;rf ,,-.7 ^ r- rx ft r? i 
 
 his Wife V *'' -^^^'^j i:ra a loz-'opri/ny f'y.ice. Lipcti an Ha&ea^, 
 
 Corpus this Caufe being removed, Croke figneda 
 
 ProceJtf»^<*; becaufe !;e was informed^ it wasgood 
 
 caufe of Acliop in l.ondon%y the CuHcm (Tor 
 
 they ought topuniihfuch perfonswith Cartin,^ 
 
 and Whipping,) ar.dthatic lies not in this Court. 
 
 And novv' ?/«.// 4?;.- moved to have a Superjedeas, 
 
 and the Caufe removed ; for he faid it was 
 
 againft Law,to fuffcr fuch Aidons to be profe- 
 
 cuted in LtWow upon pretence of a Cuf.om, 
 
 where they are not maintainable in a Superior 
 
 Court : But Si one prayed. That no Superjcdec'. 
 
 might bs granted, for hs faid. an Adion Ires '''-, 
 
 LonJon, for thefe Words by Cuftom : 
 
 Whore there is to fuffer Corpora! Pli...„.i.v,..^, 
 
 'VIZ. Carting, and Whipping: And it is an 
 
 Offence prefentable at the k^~ardjf7:o-:c.-. Inquei- , 
 
 and there punilliable ; fo being fubie<3: to .i 
 
 Ccjporai Fui'iiihmeatj ii; is re.'^ioa iiis Oion'd 
 
 have 
 
 Coooer, 
 
General and Special 127 
 
 have her Adion there. And if the party con- 
 ceives himfelf grieved, he may have a Writ of 
 Error ; and if againft Law, may reverfe it : 
 And cited Trin. 8. Car. fuch a Caufe being re- 
 moved by Hahas Corpus j a Procsdendo was award- 
 ed in this Court upon Debate. And fo all the 
 Court held here , except Berkeley ; who con- 
 ceived that a SuperfeJeas Ought to be granted. 
 And it was alledged by Stone That by the 
 Statute of 21 Jfic. after a Procedendo is 
 awarded;, no Sup^.j'edeas ought to be granted. 
 But the whob Court was againft him in that 
 Point : For when a Vrocedendo unduely i;e/ 
 improvide emanavtt, the ufe is to grant a Super[e. 
 as. But here it was conceived by J one SjBramp- ' 
 fion and Crcke , That the Procedmdo was well 
 awarded; therefore they denied to grant a Super- 
 fedeas. • 
 
 One brought an AAion in London, for calling 
 theWife of the Plaintiif Whore; the Defendant 
 removed this out of London by Habeas Corpus ; 
 a Procedendo was prayed, becaufe the- Adion 
 was maintainable in London^ though not at the 
 Common Law ; denied by the Court , for 
 fuch Cuftom to maintain an Adion for brab- 
 ling Words is againft Law. Co, Lit.^,f, i8. Ox- 
 ford V* Crojfe, 
 
 Con' 
 
1 1 8 Cufloms of London 
 
 Concerning Sy^LatPs , what are Good^ 
 or noty and how to be pleaded. 
 
 THE Company of Homers fet forth { in 
 Debt upon a By-LawJ, Thar they were 
 
 the Hornets incorporated by Letters Patents of K. Charles I. 
 
 Company, ^^^ ^q^q thereby impowcred to make By-Laws 
 for the better Government of their Corporation, 
 and that the Mafter, Wardens and Afliftants of 
 the Company made a Law, That two Men 
 appointed by them (hould buy Rough Horn 
 for the Com pany, and bring them to the Hall, 
 there to 6e diftributsd every Month by the faid 
 Mafter for tht Ufe of the Company ; and that 
 no Member of the Company fhould buy Rough 
 Horns within 24 Miles of London , but of thofe 
 two Men fo appointed,* under a Penalty to 
 be impofed by the faid Mayor, Wardens, 
 
 It was argued that this was not a good By- 
 La w. 
 
 I. Becaufe it doth reftrain Trade, for the 
 Company are to ufe no Horns butfuch as thofe 
 two Men (hall buy ; artd if they (hould have 
 occafion for more than thefe two men fiiould 
 buy, then the Trade is reftrained. 
 
 To this it was anfwer'd, That this By-Law 
 is for the encouragement of Trade, becaufe the 
 Horns are equally to be diftributed when 
 
 brought 
 
in the City 0/ London. i ip 
 
 brought to the Hall for the benefit of the whole 
 Company. 
 
 2. The Mafter, &c, hath referv'd a Power 
 which they may ufe to opprefs the Poor, becaufe 
 they may make what Agreements they will 
 amongft themfelves, and fet unreafonable Pri- 
 ces upon thofeCommodities,and let the younger 
 fort of Tradefmen have what quantity, and at 
 what rates they pleafe. But the Material Corporations 
 Objeaion was, That this being a Company ^^J^li^iy^^ 
 incorporated within the City of London, they within the 
 have not JurifdiAion elfewhere,but arereftrained Jurifdiftion 
 to the City, and by confequence cannot make of Undin. 
 a By-Law, which fliould bind at thediftance of 
 24 Miles ; forif fo, then they may extend it all 
 over Englandj and make it as binding as an Adb 
 of Parliament ; and for this Reafon it was 
 adjudged no Good By-Law , 2 Mod. Rep. 
 15-8. The Company of Horners againft 5<?r- 
 lowe, 
 
 A Plaint was removed out of the Lord 
 Mayors Court by a Habeas Corpus^ the Retorn 
 whereof was, That the City of London was an 
 Ancient City Incorporate, and that time out 
 of mind there was a Cuftom, that the Portage 
 and Unlading of all Coals and Grain coming 
 thither (hould belong to the Mayor and Alder- 
 men.&c. that there was a Cuftom for them to re- 4 
 
 gulate any Cuiiom within the City, &c. Then ? 
 
 they fee forth an Ad of Common Council, by By-L3wsas 
 which the Porters of BiU'mgfgate were made a j^ ^'^^^ 
 Feliowfhip ; and that the Meeters of Corn ' 
 
 (hould from time to time give norice to the Por- 
 ters to unlade fuch Corn as (hoald arrive there; 
 and that: no Bargemen not being free of thefaid 
 Fellowihip diall unlade any Corn upon the for- 
 
 K feiiurs 
 
JO Sy^Laws for Trade/men 
 
 feirureofao d.to be recovered in an A(^ion to 
 be brought in the Name of the Chamberlain, 
 and thki ihe Party offending Oiould have no Et- 
 foin or Wager of Law, and fee forth the Judg- 
 ment in the^«o PFarranto, and the regrant ; and 
 that the Defendant not being of the faid Fel- 
 lowfhip, did unlade one hundred Quarters of 
 Malt, &c. 
 
 Exceptions to this By- Law. 
 
 Autl\ority to i. It aff can upon the Retcrn, that the City ofLon- 
 don hath ajjumed an Autborily to create a Fellow- 
 Piip Bj-AB of Cowmen CoukciI, which thfy can- 
 not doy for it is a Trerogative of the Crown Jo to 
 "''" ; and they have not averred , or Jhewed 
 
 create aFet 
 lowftip. 
 
 Th€ Offender 
 fhall have no 
 Eflbin or 
 Wager of 
 
 Law. 
 
 any Special CuHont to warrant fuch an Autho 
 rity, 
 
 2. They have made this By-Law too.gentral, for if a 
 Manfijould carry and unlade bis own Goods there^ 
 he is luble to the Forfeit un$ ; m which Cafe he 
 ought to bs excepted, 
 
 5. This /clef CcTntKonComcil prohibits Bargemen 
 TiOt being frie of thi Fellow^np of Forters, to un- 
 lade any Coals or Grain arnvivg there, and they 
 have not averred that the Malt unladen did ar- 
 rive^ die. and fo have not perfaed the words of 
 the By-Law, 
 
 4. They fay in t hit Law, That t he Terfons offending 
 (hall have no Ejjoin or W(.gcr of Law, which is a 
 Farl'uir?.entary Fewer, and Juch as an F>ferior Ju- 
 rifdiUion ought not to afjhme i ^Mod. Rep./3»fl- 
 nimus. 
 
 28. 
 
in the City o/London. 
 
 3« 
 
 28 Eliz,. An Ad of Common Council accord- 
 ing to tlie Cuftom of the City of London was, 
 That none %)uld bring any Sand, nor fell, nor An Aft of 
 ufe any within the City or Suburbs of London , Common 
 but that which was only taken out of the River Council, Not 
 oVThamssy &c. and that if any did the contrary, buj'r^"^ 
 that hefliould forfeit for the firft Fault 5 /. and Sand. 
 forthefecond Fault 10 /. to be recovered in an 
 A(ftion of Debt, wherein noEffoin, Protec5tion, 
 or Wager of Law fiiouid be aliowed ; and this 
 Plaint for the forfeiture of 120I. vvasremoved 
 our of London into the Common Pleas, by Wric 
 of Priviledge, and the Judges did greatly fpeak 
 againft the faid A(3: of Common Council, as 
 v/ell for the Matter, as for the Form of it: 
 They were informed by Serjeant Snaarg, That 
 the faid Thames Sand was much worfe than the 
 Land Sand, and yet thePriceof it was greater, 
 and the Mcafurelcfs; for of tYizThAmei Sand 
 there were but Eleven Builiels to make a Load, 
 and of the other Sand there wereEighteen Burti- 
 els I and they faid they were prefumptuous 
 to makefuchAds fo Parliament Hke,(w2s.) that 
 no EfToin Protedtion, or Wager of Law (hould 
 be allowed of, aad that they did arrogate to 'Ji'^'^g ^^helf 
 themfelves too hiph Authority, andthevlHned r.,-!„^L 
 up the Plamtiit at next Parliament to exhibit a Cour.cil fo 
 Bill againft them for it, and to iaQ them in the pstliamenta- 
 Kwis H<nch tor their Infolence. and f^id it ''y ^'^^' 
 would (hake their Liberties. Godbolt, p. 107. 
 
 OneoFthe Bricklayers wasfued by the Cham- 
 berlain of London on penalty for breaking an 
 Act of Common Cr>ancti, and had ^Habeas Cor- 
 pus, upon which this vlatter was retorned, that 
 Civitas londtnt efi antiefud cfvtras ; and that they 
 time out of niemory have made Ordinances for 
 K 2 the 
 
 London ti 
 ved for 
 
 pro- 
 
I J 2 (By'Laws for Trade/men 
 
 the Government of the City, which binds the 
 Citizens , and that by an A6t of their Com- 
 mon Council for ordering the Companies of 
 Aft of Com. Bricklayers and Plaifterers, it was ordained 
 nion Council that the Bricklayers ftiould not plaifter with 
 againft Brick- Lime and Hair, but with Lime and Sand only; 
 Phtoers ^"^ '^^^ plaiftering with Lime and Hair fliould 
 belong only to thePlaifterers ; and they which 
 broke, &c^ (hall forfeit 40 /. to be recovered by 
 the Chamberlain of London, 
 
 The Queftion was, If this be a Good Ordi- 
 nance ? 
 
 OhjeB. That it's not good. 
 
 L It pertains to Bricklayers and Tylers to dauh 
 •with Hairy and fo this retrains part of their 
 Trade. 
 
 II. The Retorn was, That tbofe ©/" London ha^^e 
 regimen perfonarum ia manufadionibus , 
 
 which ts for the ordering of their Ferjonsy and prC" 
 fervation of the Peace : hut they have not regi- 
 men manufatftionum to annex that to omTrade 
 •which belongs to another. Bttt per. Cur. 
 
 I. This Ordinance is not indeftrudion, but 
 for the ordering of Trades, and for any.thin^ 
 that appears by the Retorn, it is indifeent to 
 which of thefe Trades this Matter belongs ; fo 
 the Ordinance is but a determination of a Que- 
 ftion between the Companies by the Common 
 Council ; but had itappear'd upon the Retorn, 
 ^ that daubing with Lime and Hair belongs to the 
 Bricklayers^, the Ordinance is not good. 
 
 2. 
 
 That 
 
in the City of London. i j 3 
 
 2. That the Retorn, that they have regimen 
 terfonarum in mantifaBionibus goes to their De- 
 raeaner in their Myfteries, Palmer ^95'. be- 
 tween the Bricklayers, and Tylers, and Com- 
 pany of Plaiftererers. 
 
 The Corporation of Butchers in London was q^ jg^ t„ j^^ 
 confirmed, by which they had power to them Company of 
 given to make R^-La-ws and Ordinances • they Batchers to 
 did ordain. That no Buichtr, or perfon being ^"(^ their 
 a Stranger fhould fell any Veal within the City v^^^^-^^f^ 
 of Lcndont unlefs they did drefs the Kidneys of famemanner 
 their Veals in fuch manner as the Kidneys of as Kidneys of 
 Sheep weredreffedj and if they did otherwife, Sheep are 
 to forfeit 6 d,iov every time; and if they re- ^""*^' 
 fufe to pay, they are to forfeit the Veal : The 
 Servant of the Plaintiff coming with a Veal to 
 fell, and not performing the Ordinance, the 
 Defendant in behalf of the Corporation took 
 the Veal for his Refufal to pay the 6d. For this 
 the Plaintiff brought Trefpafs ; Defendant 
 pleads in Bary That he took the fame as forfei- 
 ted by their Ordinanc^but does not {hew the 
 Ordinance in certain. Ver Cur. 
 
 The Ordinance ought to be (hewed fpecial. Ordinances 
 In pleading of a Private Ordinance made by of Compa- 
 the Butchers in their Corporation, a Stranger is ">« ought to 
 not bound to take notice thereof; and this By- ^errahT '^ 
 Law was not good to bind Strangers, but the By-Law not 
 fame had been good, if made to fupprefs Fraud, good to bind 
 &c. ufed by a Foreigner, as corruption, &c. in Foreigners, 
 the fale of their Meat, and then they ought to 
 take notice of the fame, but not here, as this 
 Cafe is, and Judgment fro Quer. i BulH. 1 1. 
 Frfincklin and Green. 
 
 No Statute or By Law can be made for Mat- 
 ters of Inheritance. 
 
 K 3 The 
 
134 'By-Laws for Traiefmen 
 
 The Sheriffs of London retorned, that for the 
 mor e indifferent way of Merchandizing they 
 Goods to be have a Cuftom that the Goods as well that were 
 weighea ac fold by weight, as others, of all Strangers, be- 
 the Common fQj-g f^jg ought to be weighed at the Common 
 Beam ; and to inforce this, there is a By-Law 
 made, with a pain of paying 40 /. fer Tunn for 
 not weighing ; this is a good Culiom ; though 
 it was objeded men may be forced to weigh 
 whether they fell or not, becaufe it may have a 
 reafonable commencement. So Goods foreign 
 bought, and foreign fold fhall be forfeited. It 
 was faid, that notice is not neceffary to a By- 
 Lav»^ that is grounded upon the Cufiom of Lon- 
 don t Quare th hoc. i Keh. 32, 5 5", ^9. Tlayer and 
 Berjiap4ilhn : Ic was faid there. That in London 
 By-Laws refemble Acts of Parliament ; but let 
 them have a care that they word them not too 
 much like an Ad Videfufra. 
 
 The By-Law in London ytihtv thy the Num- 
 ber of Carts is reftrained, is a good By-Law, 
 I Vtmr. 21. 
 
 Carts. 
 
 By-Law fo Habeas Ccrpus to remove B. who was taken by 
 
 reftain the Procefs upon a Plain: exhibited in the Sheriffs 
 J?"^'^^" "^ Court in London, and the Retourn was. That 
 time out of Mind, the Mayor, Aldermen, and 
 Common Council of the City have had the go- 
 vernment and regulation of Trade within the 
 (aid City, and power to make By-Laws con- 
 cerning the fame, and that they had made a Byr 
 Law, That there fhould be but 420 Carrs al- 
 lowed to work within the City, all which 
 ihould be licenfed by the Prefdent of ihifr. 
 Church Hojfitai ; and that there fhcu'd be paid 
 for the Licenfe of every Carr 20 i. Fire, r-rd 
 
 12 
 
in the City of London^ 0"c. 1 3 J 
 
 12 s, tn am. Rent, &c. and that none (hould 
 ufe a Carr without fuchLicenfe, under a Penal- 
 ty Gre. provided that all perfons may fend 
 the'r own Carrb to the Wharfs, &c. and carry 
 Goods in their ownCarrs from the Wharfs, ex- 
 cept fuch as {ball be Traders or Retailers in Fu- 
 el. That B. without fuch Licenfe wrought with 
 a Cirr, pro lucro juo proprjo, and for the Penalty 
 Plaint was levied. 
 
 It was prayed that no VrocedenJo (hould be. 
 For tho the By-Law fhould be admitted to be By- Law pood 
 
 J L • i^ /I • When a Lu- 
 
 good, having a CuKom to warrant it, aswas ftom war- 
 adjudged in Player znd Jenkins Cafe, l<^ Car,2. rantsit. 
 B. R. yet the Plaint is infufficient, for that no 
 Cuftom is alledg'd ; and in RqU, ;64, fuch a 
 By-Law to limit the number of Carrs was 
 held void , becaufe no Cuftom is alledg'd. But 
 per Cur. 
 
 Its not neceflary to mention the Cuftom in 
 the Plaint, for 'tis Lex Loct, and they take no- 
 tice of their own Cuftoms in their own 
 Courts. 
 
 But in this Habeas Corpus they have retorned 
 the Cuftom, and fo had good caufe to proceed 
 in the Plaint, for a Cuftom may create a Mo- 
 nopoly, as the Cafe in the Regifter is ; a Cu- 
 ftom was, that none ihould exercife the Trade 
 of a Dyer in Rtppon without the Archbifhop of 
 Tork's Licenfe. 
 
 But the Court doubted whether this By-Law 
 Was good, becaufe it would reftrain the Wood- 
 mongers from bringing their Wood, &/!. 
 home in their own Carrs, l^ej7tr. 194. Brad^ 
 r>cx's Cafe. 
 
 K 4 ^7- 
 
I J 6 Sji'Laws for Trade/men 
 
 By-Law of a Company for eleding a Live- 
 ry Man, Sir Tbo. Jones 149. 
 
 In Fifh and Keatis Cafe, they retorned the 
 
 Puddle-Dock, ^^» tomake By-Laws by their Common Coun- 
 cil, and that Vuddle-Dock near Paul's-Wbarfwis 
 an Ancient place for lading and unlading of 
 Ships, Boats, Lighters, &c. and that it was in 
 fkcay ; and that for reparation of it, it was or- 
 dained, That every Ship that jhouU he loaden and 
 unloaden there^ flwuld pay a Penny for evey Load ; 
 and that every Carman for every Load that he jhould 
 carry from thence jhould pay i d. the Cafe was 
 argued in B.RMich.Jacobii. But Ifind it not ad- 
 judged but in 5- Rep. 62. the Chamberlain of 
 Lev don s Cafe. 
 Broad-cloth An A^t of Common Council was made, 
 to be brought That if any Citizen, Freeman or Stranger with- 
 to Blackmll- in the faid City Hiail put any Broad-Cloath to 
 ^^^^' fale within the faid City of London, before it be 
 
 brought to BlackvjeU-Hall tx> be viewed and 
 fearched, fo that it may appear to be vendible, 
 that Stallage (hall be paid for it, (viz,.) i d. for 
 every Cloth : That he ihall forfeit for every 
 fuch Cloth 6 J. 8. d. and that the Chamberlain 
 Jhould have an Action of Debt for it.This Cafe 
 was removed, and after a Procedendo was grant- 
 ed. For many Statutes were granted for the 
 true making of Woollen- Cloth, which is the 
 principal Commodity of the Realm : And to 
 the intent that the faid Statutes might be better 
 executed without deceit, this A<5t of Common 
 Council was made, and the affefling the i d. was 
 good, it being pro bono publico. 
 
 King 
 
in the City of London. 137 
 
 K. Charles i. made the Shoemakers oi London 
 SL Corporation, and gives them power to make 
 Ordinances ; and they make an Ordinance, By-Law, 
 7bat none fhaU ufe that Trade unlefs he be free of their That no 
 Corporation ; and if an^ who was not free ufe it, he fl? jf '"f ^ 
 fhall forfeit 40 s.ipQTtVeeky and to be committed for Trade unlefs 
 tt. After they commit J S. for ufing theTrade, he be free of 
 and not paying 40/. againft the Ordinance,P^r their Gorpo- 
 Cur. It is not lawful to imprifon him, mi, "^^otii&e. 
 i^Car.i, B.R.Hardcafie!l's Cafe, refolved upon 
 an Habeas Corpmy and he was delivered accord- 
 ingly, I Roll's Abr.-^S^. 
 
 Merchant-Taylors oi London make a By-Law, gy.Lj^ t,y 
 That no Merchant fhaU put his Cloth to be drejfed. Merchant 
 but to the Cloth-workers of their Company. It is void, Taylors, 
 as being againft the Liberty of the Subjedt, 
 I Roll\ Abr, 564. Ed-ward\Q^^Q, 
 
 If a By-Law be made in London, That none 
 Jhall make an Hot-Frefs, nor ufe it -ujitbin the City, 
 under the pain of 10 1. for the making, and 5 1. for 
 the ufinv ; this is a good By-Law, becaufe ufing ^^^^t none 
 of thefe Preffes is dangerous for Fire, and de- make or ufe 
 ceitful J alfo, being it makes the Cloth and Stuff an Hot-Prefs. 
 better to theEye than in truth they iTQ,Ed7i'::rds 
 Cafe, I Rolls's Abr. 365-. 
 
 It is a good Cuftom of London that they have Caftojjj, ^^ 
 ufsd at ail times, to have the msafuring of meafure Sea- 
 Seacoals infra portum Lond\ which extends from coal. 
 Stanes- Bridge unto Lo^tdon -Bridge , and from 
 thence to Grave'^aid, and ffxom thence to Tea-^ 
 land or Tendale, iFor all this is the Fort of London, 
 .1 RoUs\ Abr. 5J7. 
 
 The 
 
1 3 8 Cujlom upon a Habeas Corpus 
 
 The Cujlom in not remoVing Body and 
 Caufe upon an FJabeas Corpus, 
 held "void. 
 
 The Ctiftom 
 of not 
 removing 
 Body and 
 Caufe upon 
 Hakeas 
 CcrpM. 
 
 V 
 
 The Cuftom 
 letorned. 
 
 J^lLLy Citizen and Freeman of London af- 
 firms a Petition againft another Citizen 
 and Freeman of London upon a Bond of »oo /. 
 A Summons is awarded againft the Obligor, 
 and it being retorned. That he hath nothing 
 whereby he may be fummoned within the Ci- 
 ty, upon a Surrrjife made by Hdl the Obligee, 
 that one Harrmrton. a Citizen and Freeman of 
 London, is indebted an loo/. to the firft Obli- 
 gor, a Summons is awarded according to theCu- 
 ftom of London of Foreign Attachments for the 
 warning of Harrington, who is warned accord- 
 ingly ; whereupon H'-rrir^ton procureth an Ha- 
 beas Corprrj r.ir ftie removing of his Body, toge- 
 therwiththe Caufe into the Kw^'s-Bencb"^ upon 
 wi,ich Writ a Retorn is made in this manner, 
 {'VIZ.,) That Lor.don is an Antient City^ and that 
 timeout of Mmd the Mayor, Aldermen^ and Citi-^ 
 z>ens cf London h^ve had cognizance of all manner 
 of TUaSy bo:h real and ferjcnal to he holden before 
 the Mayor, Aldnmen, and Sheriffs <?/ London, in 
 London , and that in ho ABion whatjoe'Ver they 
 cught to remove the C^ufe out of London into any 
 vtber Court j and do rroreo'ver (hew a Confirmation 
 made by R. 2. 7. of all their Cufiomf, and thtrefore 
 they had not the Body here , nor the Catd-e 
 
 Exceptions being taken to the infufficiency 
 cf tills Rerorn, i: was refolved fer totam Cur. 
 
 That 
 
in the City of London. i j p 
 
 That this Retorn made was ill, for the faid 
 Couffe is, and always hath been, that upon 
 Habeas Corpus the Body together with the Caufe 
 have been removed out of Lovdon into the 
 King's- Bench , and like wife upon Certioraries 
 awarded out of the Kings-Benclj^Ktcoxds have 
 been certified out of London into that Court ; 
 for Juftice being to be done to the Citizens of 
 London as well in that i ourc as in their owa 
 proper Court, the Court of London being infe- 
 rior to the Kings^Bcvch, ought to yitld obedi- 
 ence to Writs awarded out of that Court, as the 
 Superior Court : But if the Gafe (hall be fuch, 
 that there fhall be a failure of Juftice in B. R. If ic be a 
 upon removing of the Caufe, becaufe it is an Special Caufe 
 Adion meerly grounded on the Cuftom of 2" '^^ ^'j* 
 London J then a Retorn made of the Special rera^n-d" k 
 Matter will be warrantable j and if it appear to fta)] be re- 
 the Court that it is fuch a Caufe that will not manded. 
 bear an Adion ac Comnion-Law, then it may 
 be good, for it is ufual in the King s Bench j that 
 if the Caufe retorned unto the Court upon the 
 Habeas Corpus appear to be fuch a Caufe as will 
 bear an A(ftiononly by theCuftom, and not at Cufiomary 
 the Common- Law, the Court will grant ^ ?rc- Aftionstobe 
 ccd.talo, and fend it back to London, as if the J^ryedinthe 
 Caufe retorned appears to be an Adion of ^^^^ °"'y 
 Debt upon conajjit [e fohere , or Ad:ion of CufloV H- 
 Covenant brought upon Covenant by V/crd etb. 
 without Specialty, for thefebemeercuftomary 
 Anions, which cannot be maintained but by 
 theCuftom of Z.owflc^;,and therefore fuchCauCes 
 jliall be remov'd, otherwife there would be a 
 failure of Jjltice, Fajck 14. Ji^c: 
 
 Cuftomi 
 
140 
 
 Cuftoms of London 
 
 Cuflom of London to fine one chojen 
 to be Sheriff J f he refuje to 
 hold. 
 
 /^HamberUin a Citizen and Freeman of I<j«- 
 //ow, being chofen by the Commons accord- 
 ing to the Cuftom of London to be one of the 
 Sheriffs of the City oi LovJony is conventedbe- 
 fore the Mayor and Commonalty to take the 
 Office upon him, or otherwife to make Oath 
 that he is not worth Ten Thoufand Pounds : 
 Upon bis appearance he refufeth to take the 
 Oath,and likewife to execute the Office: They 
 fined him 400 Marks, and committed him to 
 Prifon, until fuch time as he enter into Bond 
 unto the Mayor and Commonalty to pay it; 
 He becomes hound accordingly, the Money is 
 not paid at the Day, whereupon the Mayor 
 and Commonalty affirm a Plaint againft him 
 in Lorukn for the faid Debt. Chamherlam ob- 
 tains an Habeas Corpus to remove the Body and 
 the Caufe into the Kif7g's Bench, upon fuppofi- 
 tion he was to have thepriviledgeby reafon of 
 priority of Suit in the King's- Bench, and upon 
 retorn cfthcHabeas Corpus this matter appeared 
 to the Court. 
 
 It was moved for a Trocedendo, it being a cu- 
 flomary Suit, nieerly grounded upon the Cu- 
 ftom of London : But it was denied by Sir Ed" 
 Suit in .B. R. jvard Ceke Chief-Juflice, and the whole Court, 
 becaufe by the Law Chamberlaine having caufe of 
 
 privilsdge 
 
 Priority of 
 Suic. 
 
 Privilege by 
 reafon of 
 priority of 
 
General and Special, 1 4 1 
 
 privilede by reafon of the priority of Suit 
 againft him in B. R. might not be remand- 
 ed, and they declared upon the Bond in 
 B. R. AftionsIaiJ 
 
 in a Foreign 
 
 It was like wife moved , that the Adion bounty be. 
 upon this Bond might be laid in fome indif- ^ $ of iJ - 
 ferent County, and not in London^ becaufe 4g„ are Par- 
 the Tryal there muft be had by thofe that ties to the 
 were parties to the Adion, it being brought Aftion, 
 by the Mayor and Commonalty; but the 
 Court would not, upon this furmife, take 
 away the benefit which the Law giveth to 
 every Plaintiff upon a Tranfitory A<5tion, i. e. 
 to lay it in whaifoever County he will j and 
 if there be any fuch caufe as is furmifed, 
 then after Plea pleaded, he may make alle- 
 gation, that the City of London is a County 
 in it felf , and that all the Citizens there 
 are Parties to the Adtion which is brought , 
 whereby there may not be an indifferent 
 Tryal , and upon this Surmife the Court 
 (hall order the Tryal to be in a Foreign 
 County , which was done accordingly. 
 
 7he 
 
142 Cujioms of London 
 
 The Cujlom of Markets OVert. 
 
 WHEN its faid every Shop is a Market 
 Overt in London, it is to be intended 
 for thofe things only which are ufed to be (old 
 and bought in the Shop, and not for other 
 things ; therefore felling of ftolen Plate in a 
 Scrivener's Shop, doth not alter the property, 
 but the Owner ftiall have a Writ of Reftitu- 
 tion. 
 
 So Horfes fold in ChsapfJe alters not the 
 property : So SwithfieU is not a Market Overt, 
 for Cloaths, but for Horfes and Cartel ; fb fale 
 in an inner Room in a Shop (hail not alter the 
 property: So behind a Curtain in a Shop ; fol 
 where, the Shop Windows are (hut, it's no good 
 fale toaker the property^of the Owner, Mcor. 
 360. the Bp. of li'ofcefleAC^k. 
 
 Trover for a Silk- Quilt, Silk- Curtains, and a 
 Petticoat and Cloak. The Defendant 
 quoad all befides the two laMr , pleaded, Net 
 gutlty, and Pjuoad them he pleaded, the City of 
 London is an Ancient City, and that viichin the 
 fame is a Market every Day, for all Goods to-.; 
 be fold in every part of the City in every open 
 Shop, every Day befides Sundays and Holy- days, 
 betwixt Sun rifiog and Sun fetting, fo as one of 
 the Contradiors be a Freeman, and that he be* 
 ing a Freeman of the Company of Mercers, 
 fiach a Day, not being Sunday and Haly-d^.y^ 
 bought rhofs things in his open Shop; wherein 
 he had for a lor.gri'ne ufcd to buy (i:ch Wares, 
 CTf, and juftiiiss thi Coavui,iioa,i'<fr tutizmCnr.xhQ 
 
 Plea 
 
General and Special, 14 j 
 
 Plea is not good, for it's laid too general ,that 
 every Freeman n[)ight buy all manner of Wares 
 in every Shop; for then a Scrivener might buy 
 Plate in his Shop, &c. and to buy Petticoats is 
 not agreeable to the Trade of a Mercer; fo the 
 Cuftom is unreafonable, had it been found by 
 Special Verdid. Cr,Jac.6S. Taylor &nd Cham' 
 hers. 
 
 Cujiom of Inkeepers detaimngan Horfe 
 fcr Meat. 
 
 IF one fets an Horfe at Livery to an Inkeep- 
 er, and the Horfe remain there fo long as ^^^^^ 
 the Meat amounts to the Value of the Horfe, detained, 
 then the Inkeeper may call to him four of his 
 Neighbours, and appraife the Horfe, and value 
 alfo the Meat, and if it feems that the Meat 
 amount to the value of the Horfe, or more, 
 the Inkeeper may detain the Horfe as his 
 own. 
 
 This Cuftom is only in Lonrlon and Exefer. 
 And therefore mlValhcok and GrjJJi[//s Cr.le.the 
 Plaincitf brought an Adion on the Cafe for his 
 Horfe, and the Defendant pleads, and laid this 
 to be the general Cuftom of the Realm, c^c, 
 and Judgment was given agsinft the Defendant, 
 and the Court .igreed, that an Inkeeper (Ho- 
 lielerj is bound to take Horfes to Livery. If 
 Attorney hires a Chamber in an Inn for the 
 Term, the Inkeeper (hall not be anfwerable 
 for the Goods ficl in, but Inkeeper Ihallanfwer 
 for the Horfe f the Owner do not come back 
 in 20 Days or more. An Inkeeper may dsrain 
 
 in 
 
144 Cuftoms of London 
 
 an Horfe for the Meat, and yet he may hav* 
 an Adion upon the Cafe for the Meat, Moory 
 876. 
 
 Ver Serjeant Mountague, Recorder of London^ 
 the Cuftom is this : If one bring an Horfe to 
 an Inn, leaves him there, and goes his way, 
 f and the Horfe eats up more than his price, the 
 
 L Innkeeper after appraifnient by his next 
 
 Neighbours may fell the Horfe to pay himfelf, 
 but not if the Debt was for other Horfes ; as if 
 one do bring many Horfes into an Inn, and af- 
 terwards takes all of them away but one, the 
 Inkeeper cannot fell this Horfe for payment of 
 that which was due to him for the other Horfes, 
 by the Cuftom of London, notwithftanding the 
 Debt doth amount to more than the price of 
 that Horfe, but every Horfe is to be fold by the 
 Cuftom to fatisfy for the Debt due for his own 
 Meat only, i Bulfirod. 207. Mo(S 'verf. Townf- 
 endy 'Vide 2 Bulfir, 186.^ Bulfir, 217. 3 Bui- 
 Jirod. I. 
 
 Lanas Plead- gy the Cuftom of London Lands are pleadable 
 
 tllivs '^^^^^ Hufttngs Court, 4 Infi. and no Writhes 
 
 Cturt^ of Lands in London but in London only, Dyer 
 
 317. 
 Action main- 
 
 tainabls In London a Writ of Covenant is maintaina- 
 
 dak°"^^^^" ^^^ without Specialty, F. N. B. 10^. 
 
 By the Cuftom of London any Goods taken 
 in London {hall not bereplegiableby Writ out of 
 Chancer)', but by the Sheriffs of London only. 
 
 horn reple 
 
 No Citizen o^ London (liall be empanelled on 
 Inqueu out of the v iry, and that they fhall not 
 jo.i* wi:h FoieigriCis, 11/7.7. ^4' ^J^^ i^A' 
 
 B/ 
 
General and Special 145 
 
 By the Cuftom of London the Lord- May or, Depofitions 
 Recorder , and Aldermen being Juftices of tjken In Lon- 
 Peace, do ufually take the Depoficions of fuch ^««. '« P^^'* 
 perfons that are produced before them in perpe- ^*"^ ^" ^'' 
 tuara rei memoriant, which they preferve upon 
 Record in the Court at GuiU-H^U to be given 
 in evidence to a Jury, for the better knowledge 
 of the Truth between any perfons, Crok. El. 
 168, 169. 
 
 According to the Cuftoms of Londorj^ he joint T«- 
 which holds Tenements in London jointly with nsnt? may 
 others, may devife that which belongeih to him 'J^vife. 
 without any other feverance. 
 
 Company of Homers i^ Lcndcn fue in the 
 Lord Mayor's Court, by Er.ghfj Bill concern- 
 ing an Houfe in Petticoat-lam which is in Alid- § j-^ hy Englifb 
 Mejexj grounding their Bill upon a Truft, and D ' in the 
 a Prohibition was awarded, for though the M.nrrsCourc 
 Truft was perfonal, yet the Suit rifeth upon ^^j,,J;rf '"* 
 the Land •, as thofe in Che^hr fhall not meddle 
 v.'ithTrufts of Lands here, though the perlbriS 
 inhabit there, nor e convivfo. 
 
 A Prohibition was awarded to the Court of 
 the Counter m IPocJjlreet, Lender, to an Aclion 
 of Dtlt there commenced j for that the De- Ofrefufiug 
 fendant had pleaded before anv impirlince \°^^^^^^J 
 
 ken, that the caufe of Adion'did arife at ?. ^^^"S"*^^"' 
 
 • ce out of their Jurisdiaion-, and offered, 
 have (Worn his Plea to be true, which they 
 
 ^^ufed to accept. (Or Upon fuch refufal a Bill 
 exception may be mads , and Errors af- 
 
 jacd,N. B. 21.; 
 
 L Ai^ions 
 
xj^6 
 
 AQ-Jons of 
 Debt main- 
 tainable on 
 fingle Con- 
 trafis. 
 
 Duty of 
 V/atcr-Bay- 
 
 liffi. 
 
 Where a 
 Freeman 
 may be a 
 Witnefs. 
 
 NoLawgag- 
 er againfc a 
 Debc for 
 Tabling. 
 
 Aagalnft 
 
 a ^terchants 
 Bock. 
 
 Cujioms in London 
 
 AtSion of Debt in LoKdon fhall be maintain- 
 able in Lojjdon upon a (Imple Contratft, 8 Rep' 
 ii6. and that Debt on fingle Contrad (hall be 
 equal to an Obiigation, Sjiellmgs Cafe, Vide po- 
 fiea 1 J I. as in cafe of Executors paying fuch 
 Debt. 
 
 The Mayor and Commonalty of London 
 brought an Indebitatus i'.JJiimf^t againft ^:.B. for 
 5: /. for fo much due to them for divers Tunso£ 
 Wine brought from beyond the Seas to the 
 Port of Londiny at 4 d. per Tun. On mn affumf- 
 fit andTryalat the Bar,diver5 Freemen oi London 
 were offered as Witneffes for the Plainciff, and 
 by Scrogs Dolben and Raymond they were Wit- 
 neffes, 1 Ventv. 55^1. the Cafe of the City of 
 London concerning the Duty of Water-bay- 
 lage. 
 
 It is a Cuftom, that in debt for Tabling the 
 Defendant fhall not have his Law, neither fhall 
 Lawgager be allow'd for Tabling againfl the 
 Teftiniony of an Alderman. 
 
 One fhall not wageLaw againft a Merchant's 
 Book, VefLzj. 
 
 It is a Ciiftom in London^ that if the PJain- 
 
 tifl* in a Debt upon a Contrad produce two 
 
 Offwe^ring j^en afore the Mayor, &c. and will fwear the 
 
 a Delj"'^ ""^ ^^^' ^^ ^'"^ ^'^^ real.Defendant ftali be ouiled 
 to have his Law, i Edw. 4,5-. 
 
 .... By the Cufiom of London a Man may main- 
 
 (mce/ii .che- ta^n kdions ot D&btjur conceJ/iPjohae. iii.7. 
 re. 22, €^C. N. B. 161, b. 
 
 Debt 
 
General and Special 147 
 
 Debt brought on Obligation, the Defendant 
 pleads, That the PlaintifFwas indebted to him, 
 & conceffit Johercj and pleads a Foreign Attach- 
 ment in London. The Plaintiff Vrotefiando nul 
 tie I Record , pro flac'tto dicitj that he pro di'verfis 
 denar':orf4mft4ntmis fer ipjuTrt fnsfat' R, prius dehitis, 
 mn concsffit Jolvere the faid Sum, ZKodo & forma 
 ■proutj &c. The Defendant demurs ; its a good 
 Bar, {the Debt being well travers'dj Coke and 
 Brainfordy i Croke, 
 
 In Trover and Converfion, the Defendant 
 pleaded theCuftomof LW<?», that the property V^^ ^^'""""^ 
 Ihall be alter'd if a Man buy any Goods in a cfn •*^rai Mue 
 Shop, by force whereof he converted them, 
 it's not good, but amounts to the General If- 
 fue. 
 
 It has been a Guftooi Time out of Mind for of ,> D-'ltV 
 
 the Lord Mayor, when a perfon is impleaded the L;rii 
 before the Sheriffs, to fend for htm, and the Mayer. 
 Record , and to examine i.im upon his Plei, 
 and if it appear upon his Examination that the 
 Plaintiif is fatisfy'd, that he may award that 
 the Plaintiff fhall be barred, 8 Rep. 116. 
 
 It is a Cuflom, that if a Debtor be fugitive, 
 he may be arrcfted before the day to find better 
 Security : Alfo that the Creditors siiay arre(t 
 his Debtor to find better Security, HckS6. 8 Co, 
 126. n H. 6. 3. 
 
 L 2 ContrihHticn 
 
 y 
 
148 Cujloms offi London 
 
 Contribution pro Rata. 
 
 IT is a Cuftom of Lmdony for one Obligor 
 that pays the whole Debt , to have Debt 
 fro Rata, againft his Companion; or one Joint 
 Obligor {hall have Contribution againft his 
 Companion by the Cuftom of London. Co. Li. 
 Intr. 161. 
 
 bargain and f ale of Lands hy^aroL 
 
 IT is a Cuftom of London^ to bargain and 
 fell Lands by Parol Co. 4. Inji. 67 y. 
 
 Cuftom of London is. That Lands pafs by 
 Bargain and Sale without Inrolraent, accord- 
 ing to Stat, 27 H. 8. c. 16. 
 
 Concerning the pnffing of the Wifes 
 Lands J See. 
 
 IF a Man and his Wife pafs the Wifes Land 
 in Lofidon, and fhe be examined, it binds 
 her by che Cuftom o^ Lcndo7i, 'vide. Co. 2.f. J7. 
 Beck-wkh's Cafe J Hoh.'Rep. Fo.. 22<:. Ncedler's 
 
 Cafe. 
 
^General and Special 149 
 
 Cafe. I Cro, 66^' Darman againft Bowyer* 
 
 By theGuftom o^ London Lands are pleaable 
 in the Huftlngs, Co. Inft. 4. 247. and by T>)er 
 I J EUxj. 317. of Lands holden, no Writ doth 
 lie but in London, according to the Cuftom. 
 
 Dijinjfes. 
 
 IT is a Cuftom of London, That Beafts di- 
 ftrained, or Goods taken in London, fliall 
 not be replevilable by Writ out of Chancery, 
 but by the Sheriffs of London, Dyer, 245". b. 
 
 Covenants, 
 
 IT is a Cuftom, That Writs of Covenant 
 are maintainable without Specialty, 27H. 6. 
 N. B, 103. 
 
 Covenant in London upon a Bill, and with- 
 out Specialty by the Cuftom, 22 E. 4. 2. 
 
 L 3 fledges. 
 
1 5 Cujioms in London 
 
 r is a CuRofn of londony That an Adi- 
 on of Debt lies againft Pledges without 
 
 Wrking, 45 E. 3. ii, 1 £</. 4. 6. 
 
 Attaints, 
 
 IT is a Gufiom of London, That Attaints 
 ftall not be brought otherwife than within 
 fhe City, cf a Falfe Oath made there, Kitck 
 567. 
 
 Inqucfls, ' 
 
 T is a Cuftcm of Lor.aon, That they fliall 
 not be Impannelled upon Inquefts out of 
 the City, and that they (hall not join with Fo- 
 reigners, Dyer 405 46. 
 
 I 
 
 ige of Salt, 
 
 K^-rana 
 
 THere is a Cuftom in the City of London, 
 called GranagSy 'v.z,. That the Lord 
 Mayor, fcr the time being, fhall have of eve- 
 ry AUsiij that brings into the Port of London 
 any Salt, the twentieth part of it, D/er, Eliz,, 
 352. 
 
General and Special, i 5 i 
 
 JVoitJterers. 
 
 iT is faid to be a Cuftom of London, That if 
 ^ an Information be made to a Conftable 
 there, that one within their Juiisdi<ftion is 
 with a Woman in Avowtery, that he fliall 
 take the Beedle. and others of the fame Parifli, 
 and go to theHoufe, and if they find the Man 
 in Avowtery, they Jhall take and carry him 
 to the Compter, and leave him there, 3 Co. Infi, 
 
 206. 8 Co. 12!$. 
 
 Concernlnz Shwle ContraBs, 
 
 o o 
 
 1 
 
 T is a Cuftcm of Lo-yidcn, That an Aclion of 
 Debtfiiall be maintained againlt Execucors 
 upon a Simple Contrad:. 8 Co. 126. 
 
 OnQSnelliKg broughcDebtupon anOblig-iti- 5 Cff.82.^. 
 on againft an Adminiftrator , who pleads, 
 there is a Ciiftom in Londorj, That an Admi- 
 niftrator fhall pay Debts upon Contract to a 
 Citizen as 'well as upon Obligation, and that 
 J, S. upon a Con trad: had recovered, and 
 good. 
 
 I. Refoved, Mtbotb.-:t the Debt h given againji 
 
 an ddminijlrator by the Stat. 0^ \i E. 3. ytt be- 
 
 canfe they were charged its Exicutors before, fe that 
 
 L 4 cnl) 
 
40j> 
 
 I J 2 Cujloms of London 
 
 cnly the Name is change dy the Cufiom generally al- 
 ledge d is good. 
 
 2. The Cufiom hindeth Stranger si as this fame 
 ' Cafe is reported by Cro. EHz, 409. 
 Cro. ipart. 
 
 felling <v. j)gt,t againft Norton as Adminiftrator cf one 
 !oo''°"' l^erton, upon an Obligation, The Defendant 
 fliews the Cuftom of London to be ; That if a 
 Contra B be made by a Citizen to pay Money to ano- 
 ther Citizen j and be who made the Contra^ dies. 
 That his Executors., or Adminijlrators ^all be charge- 
 able thertwith, as if it were upon an Obligation^ 
 and (hews further, how the Inteftate was in* 
 debted on a Contrad to one J. who had re- 
 covered r* gain ft him , and that he had Riens 
 ou(ltr enfes mains, &c. And it was thereupon 
 demurred. 
 
 Glanvil moved , That this Cu(lcm "was not 
 good: Forfir/l-j It is agaifjjl Law, that an Executor 
 or Adminifirator jhould be ^barged upon a Simple 
 ContraB. Secondly , It is againfi^ Law , that 
 a Strarger fhculd be barrd of hts Debt upon a Sfe- 
 €ialty, by reafon of a Debt upon a Simple Central. 
 Daniel e cor.tra : The Cuftom was always to 
 bind the Executors or Adminiftrators to pay 
 Debts upon Contrads, and Cuftoms in London 
 are confirmed by Parliament, and are now as 
 jlrong as a Statute. And therefore in London 
 zr.ey prefcribe to give Land in Mortmaint 
 which is againft Statute Law, and there is not 
 any Cuftoip. but that it deprives, and is againft 
 the Common-law in fome Point. And this 
 Cuftom is reafonabie ; for a Debt upon a 
 Contradl is as well due as a Debt upon an O- 
 bligation; and therefore there is as great Rea- 
 lon for the payment of the one as of the 
 other, although the Law harh given a great- 
 Prerogaiive, viz, a Priority of paying the. one 
 
General and Special. i j j 
 
 rather than the other : And although it might 
 feem hard to have allowed this Cuftom in this 
 Court, if it had been originally pleaded here, 
 yet when the CuHom had been executed 
 againft the Ad mlniftrator by the Laws of the 
 City, whereto he U fubjed-, it would be miC- 
 chievous unto hitn to be difallowed it here: 
 For then he fiioud be twice charged without 
 remedy ; and this difference is taken in i E, 
 4.8. 
 
 Cwen , Juftice faid; The Cuftom is reafb- 
 nable ; for the Executor in Confcience is 
 bound to pay Debt upon a Contrad, as well 
 as upon a Specialty ; and of that Opinion 
 were the other Juftices: 
 
 It 
 
154 Cuflom i;z London ^^ 
 
 Concerning Executors and Adminijlra' 
 tors. 
 
 J T is a Cuftom of lovdcn for Executors of 
 Freemen to give Bond as well in the Court 
 of Orphans as in the Spiritual Court. Ho^. Rep. 
 247. 
 
 An Attachment on Prohibition to the Court 
 Prerogative , Plaintiff declares upon the 
 ^arc of the ^^ ^^ ^^ ^'"'' ^- ^^^ Settlement of Inteftates, 
 Goods of a Eftates, and Provifo for-faving the Cuflom of 
 Citizen of LorJon^&c. and then Aews the Cuftom of Io«- 
 London dying don^ for diiiributlon of the Eftates of Freemen 
 Inreftat?, dying Inteftate, ('viz..) one part to the Wife, 
 Kuftomio °"5 ^'^^^ fo fhe Child of the Inteftate, and the 
 his Admini- third part to the Adminiftraior ; and 
 fcrator, is not further (hews, that D. thefirft Husband of the 
 fubjea to di- Wife was Citizen and Freeman of LondoTj, and 
 the Aa of^^ ^^^^ Inteilate, and Adminiftration was com- 
 a2C^r.2. c. rnitted to his Widow, who had a Child, and 
 10. for the that (he had rnadediftribution according to the 
 fettletnenc of Cuitom, and notwithftanding was fued in 
 cf aces'" Court Chrillian, to make adiftribution of the 
 part oF the Adrniniftratrix. The Queftion 
 was, Wbcthtr the Cufiont were croodin La'iV ? For 
 that every Caftom muft be timeout of Memo- 
 ry , and an Adminiftrator had commence- 
 ment within time of memory, for he was con- 
 fiituted by ^ I Ed. 5. But per Cur. the Cullom is 
 good, Coke f. Rep. Smiling i Cafe the fame ; 
 aiid the Admiaiftrator was by Common-law, 
 the King cs Parens Vatria being fo. And it 
 
 was 
 
General and Special i j j 
 
 was granted by all, that the Heir fiiall have 
 his (hare in thediftribution. Sir Tho. Jcnes^ Rep. 
 204. Percival an Executrix againft Crijpe, 
 
 Of Free mens Will. 
 
 I T is faid to be the Cuftom of London, That if 
 the Father advavce any of his Children "UJith any 
 part of his Goods, that jhall bar them to demand 
 any further fart, unlefs the Father under his Hand, 
 or in his lafi fViU do exprefs, or declare, That it -was 
 hut in fart of advancement ; and then that Child 
 (0 partly advanced, jhall put bis part in hotchpot with 
 the Executrix and IVtdow, and have a full third 
 part of the whole, accounting that which was for- 
 merly gi^ven him as part thereof, Co. Litt. ij6, k. 
 12 Co. 113. 
 
 A Foreigner as well as a Freeman may devife Devife in 
 his Fes-fimple Lands in London to another in Mrtmain, 
 Fee in Mortmain by the Cuftoni without a Li- 
 cenfe, 2 Bul(h. 1^2, 
 
 It 
 
x^6 
 
 Cufloms of London 
 
 i 
 
 How the Pr«. 
 bate of a Te- 
 frament in 
 
 Cnjioms for DeVtJors of Lands, m 
 
 BY the Cuftom of London^ the Probate oi a 
 Teftaments in London is firft before th^ 
 Ordinary, and after before the Mayor in hij 
 Huttings, Cr. Can ^s^, Reg, 246. Perk. Se^ 
 
 S77' i 
 
 It is a Cuftom that every Citizen jand Free 
 1,°" "" man of London may devife his Lands in Mort\ 
 
 wain, Cr. C<2r. 2. 48. yy. 
 
 By the Cuftom of London the Husbanc 
 might devife Lands to his Wife for term of life 
 but no greater; fince altered by 5?<2f. 
 
 By the Cuftom of London the Wife maj 
 •TT'i- J T ^evi^s to her Husband , or to a Stranger wit! 
 W.fes devife ^^^ ^^^^^ ^^ ^^^ Husband, Ktth.1^1. 
 
 By the Cuftom of London a Joint-Tenant 
 
 may devife, 49 Ed. i- 
 
 By the Cuftom of London a Devife of Lands 
 is invalid, unlefi it be Inrollcd vi^ithin a con- 
 venient time, Cr. Car. 66^. and a Teftament 
 of Goods muft be inrolled in the Hu(lmgSy Hoh 
 
 346. I 
 
 to her Huf- 
 band. 
 
 Joint' Te- 
 nants may 
 
 Devife of l 
 lands to 
 be Inrolled. 
 
 Revet fipns ^^ " ^^'^ * ^^^^^ ^Y '^^^ Ancient Cuftom of 
 devifed by the City o£ Lcfidon, That where Reverfions oi 
 WiUInrcH' Rents are devifed, by the Will inrolled in the 
 
 Hdftings 
 
 cd. 
 
General and Special. i ^^ 
 
 iu(imgs, thefe Reverfions are fo executed, that 
 , fter rthe Death of the TeftaLor, the Devifor 
 >f iuch Reverfions may diuiain and make rc- 
 :overy, and then fue a Writ of Wafte, with- 
 mt Attornment of Tenants, &c, 
 
 I hetjueatb to my loving Wife Alice, my LiveJi- 
 Q H>od tTj London, for the Term of her Life : By 
 ixhis Will Lands in London pafs, by the Word Bequeath of; 
 ' Jvelihood , Ov^cn, p. 50. And Brooks , Ju- Livelihood. 
 Hce , faid, it was in Antient Times ufed in 
 liverfe places of this Realm , and taken for 
 m Inheritance , to which Dyer agree'd. 
 
 It is faid to be the Cuftom of London, To 
 lave an Executor Gravi Querela upon a Devife 
 Df Lands there, Vide pofiea. 
 
 rL. 
 
 Concerning the Reorders Certificate, 
 
 f T is a Guftom of London to certifie their Cu- 
 ■- ftoms by their Recorder, vide Hob. Rep. Day 
 V, Savadze. 
 
 <b' 
 
 NotCy The Cuftoms of London that d\vtBi[y 
 concern the Intereft of the Corporation, are 
 not tryable by their Certificate , but by 
 
 fury. 
 
 tThe Plaintiff furmifed , that there is a Cu- 
 om in London^ That if any Cuflomcf London 
 c pleaded, and ilfue thereupon, it fhall be 
 tr} ed by a Writ to the Mayor and Aldermen^ 
 
 fa 
 
Jj8 Cujloms in London j 
 
 to certify whether there be fuch a Cuftom ^ 
 and they rtiall make their Certificate by the 
 Mouth of their Recorder, Ore tenus ; and pray- 
 ed to have a Writ to certifie, &c. And the Re-- 
 corder certified, That thcfc was no fuch Cu-, 
 ftom, &c. And after this Certificate it wasf 
 moved , That this was a Mif tryal ; for it be- 
 ing a Cuftom, which concerns a' I the Citizens, 
 ought not to be tryed by fuch a Certificate, but 
 by Jury : And BHlJtrode^ who argued for the 
 Defendant, infifted much upon a Cafe in the 
 Common- Bench , reported by my Lord Hoberty 
 That a Cuftom of London^ that concerns all 
 the Citizens, fliall be tryed ^er pais : But after 
 long deliberation ic was refblved by all the 
 Court, That the Tryal was good, efpecially 
 when the Plaintiff hath (hewn, That there is 
 fuch a Cuftom , That it fhall be fo certified, 
 and the Defendant hath confefled it, fo as the 
 manner of Tryal beine as it were by his con- 
 fent, he (hall not after fuch Tiyal except againfl; 
 it. And this Cuftom doth not concern all thb 
 perfons o^ London, but only thofe who ufe Ma- 
 nual Trades : As if the Cuftom to devife in 
 Mortmain , or of Foreign Attachments, ha^ 
 been tryed by Certificate. Vtde 3 Cro. Jppleto 
 V. StougbtO'j. 
 Judgments in London on the Outlaries, are 
 
 cuftomaiily pronounced by the Recorder, and 
 not by the Coroner^ as in County Courts, ih/^l 
 288. 
 
 The 
 
 I 
 
^9 
 
 1 he Pradice of the feveral 
 Courts belonging to the 
 City of London; with an 
 Account of their RelpeQ:- 
 ive Fees 5 Jurifdidion, &c, 
 
 77;j Court of Huflings. 
 The Lord Mayor s Court, 
 The Sheriffs Court. 
 The Orphans Court, 
 , The Court of Common Council. 
 The Court of Aldermen, 
 The Wardmotes. 
 The Court of ConferVacy for the ^- 
 
 yer of Thames. 
 TIk Cha?nherlains Court., 
 The Court of Confcience, 
 
 Con" 
 
l^p Court of Hujl'mgs. 
 
 Concerning the Court of Hufttngs, 
 
 Tfl E Court of Huttings is a very Antient 
 Court of Recoid, where all Lands and 
 Tenements, Rents and Services within the Ci- 
 ty and Liberties of London are pleadable, at the 
 Guild-Hall of the faid Qity, in two Huntings ; 
 whereof one 'is called Hi^fiwg of a Plea of Land ^ 
 the other, Hujlirg of Common-Fleas. 
 
 The Juries of this Court are the Lord Mayor 
 and Sheriffs for the time being ; and when any 
 Matters of Moment Jre to be tryed in this 
 Court, the Recorder fits with them, to direct 
 them in Points of Law, and to give Judgment, 
 &c. 
 
 This Court is held upon the Mmday and 
 Tuefday of every Week; upon tht Munday to en- 
 ter Demands, to awardNcnjuits, and cUlow Effoins ; 
 and upon Tuejday, to a7vardDef-'uks, azd to plead^ 
 unlefs it be upon Holy-Days^znd other particular 
 Times, when by the Cuflom of the City, no 
 Huf^ivgs is to be kept 'Tis obfervable, chat 
 the HnH'tngs of Fleas of Lands, and the HuH'mgs 
 of Common Fleas muft be held diOindViv , not- 
 withftanding the Origincil Inrolment,c^^. that 
 is to fay, for one Week the Judges fit upon 
 Tleas meerly Real^ and the next Week upon 
 A(?nons mixt. The Title of vvhicn Court runs 
 thus. 
 
 Vrita tcrre tent, in lluflh-rro in GttiUhaldLondon 
 J:e liivafrox^ &c. . . u Kegni^ Sdc. 
 
 Of 
 
in London. 1 6 1 
 
 Of the Hujiings of ¥leas of 
 Lands. 
 
 IK the HuBivg of a Tlea of Lands are pleaded 
 Writs of Right Patent ^ direfted CO the Sheriffs 
 oi London, in which Writs there arc fuch Pro- 
 ccfs by Cuftom of the faid City, viz,, the Te- 
 mntSj&c^ fhall firft have three Summons at 
 three HuB. of a Plea of Land, next enfuing after 
 the Livery of the IVrit^ &c. 
 
 And after the three Summons, as aforefaid, 
 three E//'w73j at three other HuFltngs of a Plea of 
 Landy then next enfuing after the third tjjoin, 
 and t\\t Tenants making default, Proctfs ihall be 
 made of them by a Grand Cape, or Pent Cape, 
 after the manner of an appearance, and other 
 Procefs at Common Law. 
 
 And if the Tenants ftall appear, the De- 
 mandants fhall plead againfi: them in the nature 
 of what t'f/rit they will, (except certain fVrtts 
 which are pleadable in the Huff, of Common Vleas, 
 as is afterwards declared) , without making 
 proteftation to fee into the Nature of any 
 Writ. 
 
 And the Tenants fliall have the View, and 
 ihall beeflbined after the View, as at Common- 
 Law. And by Cuftom of the Cicy the 
 Tenants (hall have an Effcin after every Ap- 
 pearance. 
 
 And though fuch Writ be abated after the 
 View by exception of Joint-Tenancy, &c. and 
 other fuch Writ be revived : The Tenants by 
 
 M th« 
 
\6i Court of Hujiin^s 
 
 the Cuftom of the City (hall have the View in 
 the Second Writ , notwithftanding the View 
 before had ; and if the Parties plead to the 
 Judgment, Judgment (hall be pronounced by 
 the Recorder'i Mouth. Obferve fix Aldermen 
 at leaft were woiit to be prefent at the pro- 
 nouncing every fuch Judgment. 
 
 And every Bedle of the City, by the Advice 
 of his Alderman, (hall fummon Twelve of the 
 beft and moft Subf^antial Freeholders in ht% 
 Ward, againlt every HuB.of a Plea of Land, tb 
 come to the GuildrHali, for to pafs in an In^uefi^ 
 if need require, in behalf of the reft of the Free- 
 holders of the faid Ward. 
 
 i^^nd if the Parties plead, and defcend to an 
 Intfueft, then (hall the hi<ju(f be taken of the 
 People Inheritory, having at leaft Franci'-Tene- 
 ntenis in the fame Ward, where the faid tene- 
 ments are ; arid alfo of other three Wards next 
 to che faid Tenements ; fo that forty fufficient 
 Men of the (aid Ward where the faid Tentments 
 are, be fworn of the h^ueB, if there be fo 
 many. 
 
 . No Damages by the Cuftom of London are 
 recoverable in any fuch Writ of Right Patent, 
 and the /«^«^/? may pafs the fame Day, by 
 fuch Common Summons of the Bedle, as aforc- 
 faid, provided the Parties be at l£ue, and the 
 yurors come; otherwife Procefs (bail be made to 
 caufe the In^uefl to come at another Hitfings of 
 Flea of Land, by a Preceft from the Adayor dire- 
 ^ed to theSlieriffs ; and herein the Sheriffs by 
 the Command of the Mayor, are to be the Of- 
 ficers to fcrve the Writs, and to make Executi- 
 on thereof, notwith(tanding the Original Writ 
 be direded to the Mayor and Sheriffs jointly. 
 Obferve that as well the Tenants as the De- 
 mandants may make their Attortikt in fuch 
 Pitas, If 
 
hi London. i(Jj 
 
 If the Dtmavdants plead againft thofe Tenants 
 in the nature of a IVrit of Right ^ and the Parties 
 defcendtoan Inejueft upon themeer Rtgbt, then 
 fliall the Irn^ueH be taken of Twenty Four, af- 
 ter the manner of a Grand ^ffize, according 
 to the Cuftom of the City, provided that fix 
 be of the fVard where the Tenements be, if 
 there be fo many of the ff^ard Empannelled in the 
 In^ueff of Twenty Four. 
 
 The Tenants in all fuch Writs may Vouch to 
 Warranty within the faid City, and alfo in a 
 Foreign County, if the Vouchers have no Tene- 
 ments witbirt the City. 
 
 And if the Tenants in fuch a Writ ^o Vouck 
 to Warranty in a Foreign County jin which cafe 
 Trocefs may not be made by the Vouchees againft 
 the Law of the City, then they /hall be made 
 to bring the Record before the Juftiees of the 
 Comrhon Pleas at the Suit of the Demandant ^ and 
 their Vrocefs ftiall be made againft the Vouchee ; 
 and when the Vouchee (hall be ended in the faid 
 Bench, then fliall all the Vlea be fent again to 
 the HufiingSf there to proceed in the Plea, ac- 
 cording to the Cuftom of the City, &c. 
 
 And like wife if the Tenants in fuch Writs 
 plead in Bar, by a Releafe bearing Date in a 
 Foreign County, ot plead any other Foreign 
 Matter which may not be tryed within the Ci- 
 ty, then the Demandant (hall bring the Procefs 
 into the Kir/g'i Bench, to try th ^ M.rrer as itis 
 alledged; and according as it is found, tho 
 Flea (hall be fent back into the HuHmg, there 
 to be proceeded as the Cafe requires, and all 
 the time the Plea (hall ceafe in the Huff, as 
 it is at this Day. 
 
 If Erroneous Judgment be given in the 
 
 Huntings before the Mayor and Shtrtffi, it (hall 
 
 be revtrfod by Commiflion out of the Chartcery, 
 
 M 2 di:e(5ted 
 
1^4 ^^"^'^ ^/ Utiftin^s 
 
 directed to certain perfons to examine the Re^ 
 cord'y or if Erroneous Judgment be given before 
 the Sheriffs in London, a fVrit of Error may be 
 fued before the Mayor and Sheriffs in the HuB' 
 iw^^.Obfsrve that the Summons which are made 
 to the Tenants in fuch Writs of Right Tatent may 
 be made two or three Days, or the Day next 
 before the faid Hufiings,- 
 
 Of the Huftings of Common ^kas. 
 
 1 N the Hujiwgs ofCoMinon Tieas are pleadable 
 thefe TVrits following, viz,. Writs of ex gravi 
 QuereUy for to have Execution of the Tene- 
 ments out of the Teftaments which are Inrol- 
 led in the Hupings : V/rits of Dower ^ unde nihil 
 hahet : Writs ofGavalet of Cufiotns, and Seruicet^ 
 inflead of Ceffavit ; Writs of Error of Judgment 
 given before the Sheriffs. Writs of Waft. Writs dt 
 fartitiofte facienda betiveen Copartners ; Writs «/ 
 iquid Juris clamat, & per qua fervitia, and other 
 Writs which are clofed and direded to the 
 Mayor and Sheriffs ; and alfo all Repkgiaries of 
 Goods, and Diftreffes wrongfully taken, are 
 pleadable before the Mayor and Sheriff in the 
 fame Huftings of Pleas, by Plaint without Writ. 
 Obferve , That the Sheriffs are Miniflers to 
 execute the Office, and (erve all the Writs and 
 Replegiaries by a Precept from the Mayor, dire- 
 ^ed to the faid SheriiFs ; the Froeefsis as follow* 
 eth. 
 
 Cf 
 
ia London. i^j 
 
 Of a Writ ex gravi querel:. 
 
 T N a Pf^rit of ex grivi querela Warning HuU 
 be given to the Tenants, two or thfeeDays 
 before the Hufiingy or in the Morning before, 
 as in a Plea of Lan^; and fo in ihall be done 
 in all other Summons belonging to the faid 
 Hufttngs 
 
 If Warning be given, and teftlfied by the 
 Shaf, or his Mmifler, the Tenants may be 
 EjJ'^ioedonQQ ; and if the T^jnants make default, 
 and the Warning aforefaid being teftified,ih:n 
 iliall the Grand Cap be awarded ; and if they 
 appear, they may be EjJ'oin'd after the View ; 
 and therefore ali other rc^r^/j Ihall be made fully 
 as it is faid, in a tint of Righs Patent in the Huji- 
 ingi of the Pleas of Land, 
 
 Of a Writ of Dower. 
 
 1 N a Pl^^tt of Dower, ttnde nihil h.ibetj the Te- 
 nants (hall have at the beginning three Sum- 
 Tnensy and an Ejjoin after the three Sufnmom, and 
 afterwards (hall have the Vkwy and after the 
 Vieiv an Ejfom, and the Tenants in the fame 
 Writ of Dower ^?\\ htiS^VteWj notv;ithftnndil^g 
 they enter by the fame Kasband of the Dtman* 
 dant^ althothe Husband died yw^^-'. 
 
 M 2 ATo 
 
\^6 Conn of Hujlings 
 
 Alfo the faid Tenants may vouch to Warranm 
 ty , and be EJJoinJ after every Appearance 4 
 and alfo other Froctfs {hall be made, as in a 
 iff'rit of Right in the Hu fling of a Pleaof LanJ. 
 
 If the Demandant recover Dower againft the 
 Tenants by Default, or Judgment in Law, in 
 fuch Writ of Do-wcTy and the fame Woman De- 
 pandant (hall alledoe in Court of Record, that 
 her Husband died feized, theq the Mayor by 
 his Precept (hall give Commandment to the 
 Sheriffs, thsit they iummon Auhquefl ofNeigh- 
 Jjours where the Tenements are , againft the 
 next Hufiings ofComwon Pleas, to enquire whe- 
 ther the Husband died feized, and of the value 
 of the Tenements^ and the Damages fliall be 
 enquired of by the fame In^ueft, 
 
 Of a Writ of GaValet. 
 
 J^N a Writ of Gavalet the Tenants (hall have 
 three Summons, and three Effoins, and (hall 
 like wife have the View, thty may vouch to 
 TVurranty Denizen and Fore'^ne^ , and they (hall 
 he Eljoind, and muft enttr tfurii Exceptions, 
 and all other Procefs muft be made, as is before 
 declared, in a Writ of Riyht V'atm: in the Huft- 
 ing of Plea of Land ; faving, that if the Tenant 
 make default, then the Demandant (hall have 
 Judgment to recover, and to hold for a Year 
 and a Day, upon coadirion that the Tenant 
 may come within the Umz Year and a Day 
 next enfuing , and agree for the Arrearages, 
 and ftnd fuch Sureties as the Court (hall award 
 
 to 
 
in London. \^^ 
 
 to pay the Rent afterward, and then (hall have 
 again his Tenements : within which Year and 
 Day the Tenant may come and caufe the De^ 
 mandant to come to Court, by a Scire fac, 
 4nd have again his Tenements, doing asafore- 
 faid. 
 
 After the end of the Year and the Day a$ 
 aforefaid, the Demandant fhall have a fare fac. 
 againft the Tenant to come and anfwer if he 
 has any thing iofay,whercfore thefaid Demand 
 dant ought not to hold the Tenements quietly 
 to himfelf and his Heirs for ever. And if the 
 Tenant do not come, or if he do come, and 
 can fay nothing, &c, then the Judgment fhall 
 be, that the faid Demandant /hail recover the 
 Tenements quietly for ever, according tp the 
 Judgments called Sbartford^ by Cuftom of the 
 City of London^ 
 
 Of a Writ of Wajl. 
 
 IN a Writ of Wafi: Proccfs (hall be roadcagainft 
 thft Tenants, by Summons , Attachments, 
 and Diftreffes, according to the Statutes there- 
 of made ; and if the Tenant come and plea5, 
 then he (hall have an Ejjoin, and fo after every 
 Appearance ; hut if he make default at the 
 Grand Diflrefs, then there (hall be a Com- 
 mandment to the Sheriffs by a Precept from 
 the Mayor, that the Sheriff (hall come to the 
 Place wafted, and (hall enquire of the Waft and 
 Damages according to the Statute , and re- 
 turn the fame at the next Hufirgs of Common 
 M 4 ylf'if 
 
1 68 Court of Hujlings 
 
 Tkas, and the Plaintiff (hall recover the place 
 grafted, and treble Damage by the Statute. 
 
 See after (m this Court j concerning an Acti- 
 on of Waft in London, and of a Special Commif^ 
 fion of Errors. 
 
 Of a Writ of Error, 
 
 JN a Writ of Error of Judgment, given in 
 Court before the Sberifts, in Adions perfo- 
 nal, &c. the Mayor (hall make his Precepts to 
 the SherifFs,to bring the Procefs andRecord at 
 the next Hufirgs of Ccrm/on Fleas, and warn 
 the Parties to be there to hear the Re- 
 cord. 
 
 And after the Record and Procefs be in the 
 Huflings, although the Drfevdant come not at 
 the Warning, but make default, the Errors 
 (hall be affigned, and there the Judment (hall 
 be affirmed, or reverled, as the Law requi- 
 reth. 
 
 of 
 
m London. 1 6^ 
 
 Of a Teple^iare. 
 
 TN a Writ of Replegiare the Proc^Q is thus: 
 If c>:iv Man rake a DiHrerswitl n the faid 
 City, he which oweth rhe Goods may come to 
 one of the Sheriffs, ana ihall have an Officer 
 at the Corornand of the Court, to go to the 
 party that took the Goods^ and if he may 
 have the View to praife them by two Men, and 
 then a Plaint fhall be made in the Sheriffs Pa- 
 per Office, to this efFed : 
 
 I, H. f^ttsritHY verfus W. B. de averlis juis fn- 
 jufie capt^ in Dcfmuio fuo'vdm libiroTenemento 
 fm in prochia St.d^c. 
 
 And the faid party fhall bring tv^o fufficient 
 Securities to return the Goods, in cafethefame 
 be awarded. 
 
 And the Parties fliall have a day prefix'd at 
 the next Huj^ingi of ComTvonVkas '^ and the 
 Sheriff (hall mske a Biil concerning the Matter 
 of the Plaint, and (hail bring the faid Bill to 
 the faid Hujtirgs, and caufe it to be put upon 
 the File and the Parties (ball be called for: At 
 which day the one or the other may be elToined 
 of Corrmon Effoin. 
 
 At what time foever the Plaintiff makes de. 
 fault, it fhall be awarded that the Avowant 
 keep the Goods ; and fuchAward according to 
 the Cuftom of London iliall be made three times, 
 and after that it ihall not be reprifable. And 
 if the Avowant makes default, the Goods (hi^* 
 be awarded to the Plaintiff; cv^. they ihah 
 
 rsniain- 
 
170 Cuort of\HuJllngs 
 
 remain Co him without recovering any dam- 
 age. 
 
 But if it fo happen that the Sheriff cannot 
 have a view of the Goods, then he fiiall certifie 
 the fame in the Hu/i:ngsj and there (hall be 
 awarded a Writ of y^hhernamy and thereupon 
 Procefs made ^ and if the parties come^ and 
 Avowry be made, they may then plead to 
 Judgmtnt^ or to an I flue of In^uefty as the Cafe 
 requires. 
 
 The Parties may alfo be EfJ'oin*d after every 
 Appearance ; but if the party claim Property, 
 and certify the fame in the Hnfttng^ a Procefs 
 may be made by a Precept to the Sheriff, to try 
 the Property, notwithftanding the P^rty be 
 EjJ'oimd of the King's Service in ai, Replegiare, 
 and if he make defaults upon the ^IToin'd day, 
 he (hall not be charged of the Damage. 
 
 7 he fraHice howevn upon a Replevy is brief y 
 /aid to he donetbwy viz. 
 
 He that would replevy Goods in London may 
 go to the Clerk of the Papers belonging to one 
 or the Compters , and give in Particulars an(^ 
 Security to reftore the Goods op the Value, in 
 cafe upon a Trial it (hall appear the fame did 
 not belong to him. And then the Clerk will 
 give a Warrant to one of the Sheriffs Officers 
 to caofe the Goods to be Appraifed. and to de- 
 liver them to the Plaintiff. After the Appraifa- 
 ment is made, and the Goods delivered, the 
 Officer muft make return thereof to the Clerk 
 of the Papers, who will immediately thereup- 
 on certifie the Record thereof into this Court, 
 where the fame muft be decided : And if Iffuc 
 /hall he joined to try in whom the property of 
 ' the Goods was when the fame were taken, a 
 
 Jury 
 
in London. 1 7 » 
 
 urymuft be fummonedto try the Ifliie: And 
 Jn order thereunto. Precepts muft be iflued to 
 the Bedle of the fix adjacent Wards, to return 
 the Names of the fix fubftantial Freeholders and 
 )[nhabitants in each Ward. 
 
 When the Names are fo returned, a Precept 
 muft be fent to the Sheriffs, to require them to 
 fumroon the Jury to appear at the next Hufiitigs 
 of Common Pleas to try the Iffue. AWrit of J^"*' ^^^^ 
 Error may be broughp in this Court to reverfe '°^" 
 any Judgnient given in the Sheriffs Court. The 
 Writ muft be made by the Curfiror for 'jondon, 
 ^nd dircded to tl e Mayor and Sheriffs o( Loft^ 
 Jon; and when (ealed, muft be delivered to 
 Mr. Town-Clerk to allow the fame ; an J at 
 the fame time muft enter into Bond with two 
 fufticient Sureties to pay the Debt, or Damages, 
 and Gofts recovered, and which ftiall be afteued 
 jn cafe the Judgment ftiould happen to be af- 
 firmed, or in c^fe the Plaintiff in the Writ of 
 Error fhould not profecute the Writ of Error 
 with effed : And when Security ihall be fo gi- 
 ven, Mr. Town-Clerk will make a SuperfeJeof 
 direded to the Sheriffs, to ftay further proceed- 
 ings upon the Judgment. And it is ufual to 
 move the Court at the next Huftings of Com- 
 mon Pleas, after the allowance of the Writ, 
 that the Proceedings in the Sheriffs Court may 
 be certified within fourteen days then follow- 
 ing, into this Court, where Errors may be aC- 
 figned and argued ; and if Judgment (hall be 
 affirmed, the Plaintiff in the Writ of Error may 
 bring another Writ of Error before the Judges, 
 to examine t\ e former Judgment. 
 
 When Judgment fiiall be affirmed in this 
 Court, upon a motion the Court will orde: 
 the Bond to be delivered up to the Defendant ii 
 
I7i Court of Hujllngs 
 
 the Writ of Error, to put the fame in fuit for 
 his Cofts and Damages fuftained, byreafonof 
 the delay of Execution, who (hall not be com- 
 pelled to cancel or part with the fame till he 
 {hall be fully fatisfi'd. 
 
 If the Plaintiff in the Writ of Error do not 
 certifie the Record out of the Sheriffs Court into 
 this Court, according to the time given by the 
 Court, or if he (hall not aflign Errors, the 
 Court will give Judgment againlt the Plaintiff^ 
 and iffue out a Warrant in the nature of a Pro- 
 cedendo to the Sheriffs of Londotiy thereby com- 
 manding them to proceed to Execution uport 
 the Judgment obtained in that Court, 
 
 EleSion of Burgefles and 
 
 other Officers in the Court of 
 Huflings, 
 
 IN this Court the Burgeffes to ferve for the 
 City in Parliament muft be Eleded by the 
 Livery-men of the refpedive Companies. 
 
 Upon every Micbalmas-day it is theCuflom to 
 chufe a Lord Mayor for the Year following ; 
 and the ufage is to put all thofe Gentlemen in 
 nomination that are Aldermen under the Chair, 
 who have held the Office of Sheriff. The 
 Commons muft chufe Two, and retorn their 
 Names to the Lord Mayor and Aldermen, who 
 cled which of the Two they think mo(t fit to 
 hold the place, and fignifis their Choice to the 
 
 Commons. 
 
General and Special, i j •> 
 
 Commons. And the perfon fo eleded muft be 
 prefented to the Lord Chancellor, and after- 
 wards muft be fworn at GmU Hall on St. Simon 
 and Judes day, and the day after at the Exche- 
 t^uer. 
 
 Upon Midfower day the Livery-men of the 
 refpedive Companies do chufe Sheriffs; but my 
 Lord Mayor by his Prerogative may drink to 
 any Citizen, and nominate him to be one of 
 the Sheriffs ; and the ufage hath been for the 
 Commons to confirm fuch perfon, and to ele(5t 
 another to ferve \v\i\\ him. And after the 
 Sheriffs are eleded, the Commons chofe Two 
 Auditors for the Chamber and Bridg-houfe 
 Accoftipts, a Chamberlain, two Bridgmafters, 
 and four Aie*Conners. 
 
 JVtffe,That the Sheriffs are Judges of theEledi- 
 ons, and do declare by Mr. Common Sergeant, 
 who are the perfons eledted. 
 
 After the Sheriffs are fo ele(^ed, they take 
 an Oath at Guildball upon Adichaelma/-Eveja.nd 
 the Day after Michaelmas Day muft be prefen- 
 ted to the Barons of the Exchequer; and when 
 they are fworn, it is not in the power of the 
 Commons to remove them at their pleafure. 
 
 The Chamberlain and Bridgmafters, aftter 
 election, take the ufual Oath before the Lord 
 Mayor and Court of Aldermen. 
 
 oj 
 
1/4 Court of Hnjlin^i 
 
 Of a Writ de Particione faciend. 
 
 IN a Writ De Vartit'tom fac. to make Partitioil 
 between Partners of Tenements in LonJcn: 
 A H'r$t dofed fliall be direded to the Mayor 
 and Sheriffs, containing the Matter after the 
 Nature of fuch Writs, and the Parties ftiall be 
 warned by Precept from the Mavor, atid the 
 Tenants may be eflbin'd ; or if they come, 
 they may plead ; or if they make Default, the 
 Partition ihali be awarded by Default. 
 
 In this Court Iikewife Deeds may be Inrol- 
 Jed, Recoveries pafs'd, and Wills proved, iri 
 alt Matters within the City of Z.o»</ow, or Liber 
 ties thereof. 
 The Attorneys of the Lord Mayor's Court, 
 Deeds lorol- are Attorneys of this Court Iikewife ; and thei 
 '•**• Second Attorney is alfo Clerk of the Inrol- 
 
 ments, to Inrol all Deeds that are brought thi- 
 ther; the Method is thus : 
 
 The perfons that fealed the Deed muft gd 
 before the Lord Mayor, or the Recorder, and 
 one Alderman, and make acknowledgment, 
 that the fame is their ki6t and Deed ; if a Wife 
 be a party, (he is to be examined by them,whe- 
 Cher it was done with her full and freeconfent, 
 without any kind of compulfion ; in teftimony 
 of which, the Lord Mayor and Aldermen fee 
 their Hands to it, for which each mav demand 
 4</. and the Attorney's Fee for the Ju:^gmenc 
 
 is 
 
in London* i^r 
 
 is 2 s. Afterwards the Deed muft be deliver'd 
 to the Clerk of the Inrolments,who at the n^xc 
 Hn/lings will caufe Proclamation to be made 
 thereof, according to the Cuftom of the 
 Court. 
 
 TTff Fees for the Inrolment of a 
 J)eed are: 
 
 s. J. 
 
 To Mr. Ree6rder -« ■■ 06 — 08 
 
 To the Chamberlain ■ " — 01*-— 08 
 
 To the Town-Clerk — 00 — 10 
 
 To the Attorney for every Prefs 06 — 00 
 
 To his Clerk ._»._— 00— -08 
 
 Ohferve; That a Deed In rolled in the Hu/f- 
 ingi, bars the Wife from claiming her Dov er, 
 and is efteemed as good in LondoK as a Fine at 
 Common Law. 
 
 In proving of Wills in the Huflivg'.^ the Wit- 
 neiTes to the Will that is to be proved, muir be Wills pro* 
 fworn in open Court, and if the Evidence be *^ ' 
 plain, then the Clerke enters it upon Record; 
 and this is looked upon to be the beft way of 
 proving Wills in Ljndon, 
 
 The Method of fajjlng Recoveries in this Court 
 is ; Firft, a ff^rtt of Right Patent mtift be obtained 
 from the Curfitor of London , which muft be, R^'pver.'es 
 delivered to one of the Attorneys of this Court P'^^' ''• 
 who are to prepare the Record, and procure 
 she RicoviTj to pafs. 
 
 rh 
 
iy6 Court of Hujiings. 
 
 T}?e Charge of faffing a ^coyery^ is^ 
 
 L St d* 
 
 For drawing the Wric——*-'——oo — oi— oo 
 
 For the Writ of Right — — oo — oj*— 06 
 
 For Allowance thereof-—* ■ ■ 00 — 02—00 
 
 For the Attorney's Fee 00—05 — 04 
 
 For the Warrant of Attorney — 00 —00—04 
 
 For the Precept of Summons ^00—02 — 00 
 
 For the Retorn thereof ——00 — 02 — 08 
 
 For the Declaration — 00-— 02 — 00 
 
 For the Tenants Piea'- - — 00—02 — 00 
 
 For Entring thereof — 00—02 — 00 
 
 For the Vouchers Plen; — ■ 00 — 02 — 00 
 
 For Entring thereof 00 — 02—00 
 
 For the Common Voucher's Plea- 00 — 02 — 00 
 
 For Entring thereof 00—02 — 00 
 
 For Record for the Pleaders •" 00 — 02 — 06 
 
 The Common Cryer ■—' — ■ 00 — 01 — 00 
 
 The Common Voucher 00 — 01 — 00 
 
 TheGreen Cioath ^ 00 — 01 — 00 
 
 The Four Pleaders ■■■ ——00. — 1:5 — 04 
 
 For Entring the Judgment — •*oo - — 02 — 00 
 The Attorneys Fee thereupon — 00 — 05-^04 
 The Precept for Seizin — '■ — 00 — 02-— 00 
 
 Retorn thereof —00 — 02 — 00 
 
 For drawing apd Ingroffing the Record V 
 
 For exemplifying it • 00 — 06 — 08 
 
 For the Seal -.——.00 — 06—08 
 
 For the Clerk — — ^— — .- . 00 — co-'o8 
 
 04 07-- ,03 
 
 It is common to have a Deed Sealed to lead 
 the Ues of the Recovery, and likewife 10 have 
 fuch De3d Inrolled. 
 
 It 
 
in London. ji^^ 
 
 It is ufual likewife, that if the Vouch?e« can- 
 not artend the Court in their own perfons, to 
 fign aWarrant of At:orney,and acknow edge it 
 before the Recorder, and that will be allowed 
 of as well as if they had peifonally atten- 
 ded. 
 
 The Form of die faid Warranty 
 
 AB. & E. uxor ejus , quos. G. D. 'vocat ad 
 fVarrantizanJy &c. po. lo juts M. L. &1. 
 H. Lonjun^im & ilivi/im verfns W. W. in flacitit 
 terrCy O'c, Ftz,. de quatuor Mejfuagiis d^ quatmi^ 
 Gardinis cum prtinentiis jcttuat' jacent'c^ exiftent^ 
 in farocbia St. Botolphi, &•€. in War da, Fortfoakerty 
 C^r, London y ad Lucrandam (b" furdendumy dfCi 
 Secundum Confuetud' Ci'vitatis London 
 
 Trimo die &c. Anno, &c, Capt* d^ Ccgnit\ 
 coram me* 
 
 S, L, V^ecordatore, 
 W.W. H.W. 
 
 "Note, That in this Court of the HujiingSy by 
 Stat. 11. H. 7. 21. an Attachment may be fu« 
 ed by Bill upon any Falfe Verdid given in any 
 or the Courts of chat City ; and thereupon the 
 Mayor (hall award a Precept to every Alder- 
 man toprefent (either by tbemfelves, or theif 
 N Deputies 
 
lyi Court of Huflhigs 
 
 Deputies, unto the faid Mayor , at the next 
 Hhfings^ the Names of Four Indifferent and 
 Difcreet Citizens out of each of their Wards, 
 each of them being worth ico at leaft : out of 
 which the Mayor and Six Aldermen or more 
 iHall impannel 48. whom the Mayor (hallcaufe 
 to bs fammoned, together with the Tenants or 
 Defendants in theAttaintjto appear at the next 
 Hufiings^ and if upon default of appearance, or 
 other wife, there (hall need a Talcs, the Pannel 
 fhall be fupplied out of the reft prefented, or by 
 other fiich Citizens, at thedifcretionof the faid 
 Mayor and Six Aldermen. 
 
 Alfo that Pleas of Attaints commenced in 
 London^ fhall be tryed there by Inejuefii of the 
 faid City, and not elfewhere ; and in an Attaint 
 there no challenge fhall be for lack of fufficien- 
 cy in Efiate. 
 
 The Judgment in fuch an Attaint fhall not 
 extend to Lands or Tenements, nor yet toother 
 punilhment of the Petty Jury » or other 
 Pfoccfles, than fuch as are limited by tliis 
 
 ha. 
 
 Alfo in fuch an Attaint, if the Petty Jury bs 
 attainted, Judgment fhall be given againft the 
 Defendant, as at thcCom.mon Law. and againft 
 the Petty Jury, to forfeit each of them 20/. or 
 more, at thedifcretion of theCourt, to be em- 
 ployed as other Penalties forfeited before them, 
 and to fuflfer Six Months Imprifonment, or lefs, 
 at the like difcretion of the Court, and to be 
 
 for ever after difabled to be a Juror . But 
 
 if theVerdii^ be affirm 'd, the Grand Jury fhall 
 further inquire the Corruption of the Petty 
 Jurors, and if any of them be found to have 
 taken any Reward, or promifes thereof, he 
 jhall foifeit ten times the value thereof to the 
 Vlaifjtiffy and fhall further incur Imprifonment, 
 
 and 
 
in London. 1791 
 
 ifid difabiUty to be a Juror, as afdrefaid. The 
 like Forfeiture alfo and Imprifonment fliail be 
 inflicted upon the Tenant Oi'VefenJant, thatfhal! 
 give fuch reward or promife, and this lafl For- 
 feiture is to accrue to tne City, in manner as 
 aforefaid. 
 
 Alfo if a Debt, Cofts or Damages are reco- 
 vered in the FirftA(5lion( whereupon theAttaint 
 IS brought) and that Verdi(3: found falfe, the 
 F/aifttiffin {uch Attaint m^y fue forReftitution 
 of fuch Debt, Cofts, and Damages, by Writj 
 Bill, or Plaint, in any of the King's Courts, 
 wherein no Wager of Law ihall be admit- 
 ted. 
 
 And in fuch Attaint, if the Plaintiff be tion* 
 fuit, ot the firft Verdid affirm'd, the Plaintiff 
 fhall be imprifoned , and make fine ( to 
 the ufe of the City^ at the difcrction of the 
 Court. 
 
 Where there are one or morePlaintiifs, if any 
 of them dicj or be non-fuit , albeit all the 
 Tenants and Defendants , and fome of the 
 petty Jury die , yet fliall not the Attaint 
 abate f fo that Two of that Jury remain in 
 Life. 
 
 The Grand Jurors that make default, (hall 
 forfeit for the firlt 40 s. for the fecond 5" /. and 
 for every other afterwards 10 /. 
 
 And fuch Procefs Hiall be mads againfi: the 
 Jurors and parties in this Attaint, as is ufually 
 mad& in Attaints at the Common Law, and 
 fhall be rctornable at every Hufiings. 
 
 The Attaint (hall not remain to be taken af-s 
 ter the firft Summons for default of the Tenant 
 or Defendant, or any of the petty Jury J nei- 
 ther (hall any Effoin be allowed in the fame^ 
 
 N % mm 
 
i8o Court of Huflings , 
 
 When the Tryal is to be by ntedietatem Lin- 
 gua, the Mayor and Aldermen fhall impannel 
 half Strangers worth ico /. apiece. 
 
 By Stat, II H. 7.21. None fhall be empan- 
 nelled upon a Jury in London, except he have 
 " Lands and Tenements or Goods and Chattels, 
 worth 40 Marks jand if the Tryal be for Lands 
 or Debts, or Damages atnounting 1040 Mai ks 
 or above, his real or perfenal Eftate ftiall be 
 worth ICO Marks, and the Jurors defeat herein 
 is a principal Challenge. 
 
 The IJJues of the }\XXOVS fo^ depiult of appraring fljall 
 he at the fir [t Sin.KWons 12 d. at the Second 2 S. 
 and double after-wards ; and the Jjfues Icfi m the 
 Mayors Court Jhall accrue to the Mayor and Com' 
 Tnonaltfy and thofe lojt in the Sheriffs Court to the 
 Shrffs. 
 
 An^hy Stat. 4 H. 8. 3. for the IlTues above 
 mentioned, the Mayor and Sheriffs, a^nd their 
 SuccefTors may diftrain ref;e6livelv, viz,, the 
 Mayor for his, and the Sheriffs for theirs. 
 
 And by the faid Statute the Sheriffs of Lcn- 
 don have power to retorn Pannels of Jurors in 
 Suits depending in any of the Courts at IVefl' 
 mmfler, and try able in London, being Citizens, 
 and having Goods of the value of 100 Marks, 
 who fhall ferve and be fvvorn in like manner 
 as if they had Lands andTenements of 20 s. per 
 Jnn. 
 
 Alfo the Sheriffs of London fhall retorn upon 
 the firli^ Dil^refs upon every Juror 20 d. and 
 upon the fecond Diftrefs 40 </. and upon every 
 other Diftrefs after that, the double, until a 
 full Jury appear and be fworn in pain of 10 7. 
 
 to 
 
m 
 
 London. 1 8 1 
 
 to be divided between the King and the Pro* 
 fecQtor. 
 
 And by Stat. 5- H. 8. ^. the fa'd liTues fhall 
 be underliood only of Writs of Diftreis before 
 Juf>!ces or Juftice of Ntftfrim, in Suits depend- 
 ing in the Court of U'el^minfitry and try able ia 
 Londoiti and not of other Writs or Frocejfes ilTu- 
 ing out of the faid Courts. 
 
 And by Stat. 7 H. 7. 5". Riens dems le Card 
 fliall not be admitted for challenge in Lon- 
 don, 
 
 And by Stat. 7 & 8 ^.5. c. 52. concern- 
 ing Juries, no longer tirne is allow'd for the 
 Summoning Juries thit arc to try Iflues joined 
 and tryable in London, or County of MiJdlefex, 
 than was by Law required before, nor cjny 
 longer time for the retorn of any Writ, Precept, 
 or Procefs oi Ftnire facias, Habeas Conor. i ^ cvTJi- 
 firinffas than was by Law reqv.ired betbre, Ar^d 
 the faid Ad fliall not extend to the City of Lotj- 
 don, nor to any other County of any Cicy or 
 Town within this Realm ; nor to any Town 
 Corporate, that hath power by Charter to 
 hold Seffions of Goal Delivery , or of the 
 Peace. 
 
 By Stat» 2j H. 8. 5". Citizens of Z. <?«</(?;» being 
 worth 400 Marks in perfonal Eftate, may be 
 impannelled and retorned by the Sheriffs of 
 London, upon Attaints there, albeit they have 
 no real Etta tes, notwithftanding the Sr^jr.of 25 
 H. 8. 3. And the Juftices fhall hereafcer fit 
 upon Attaints in Loudon at Guild Hail, or fome 
 other convenient place in that City, and not 
 elfswhere ; neither fhall the Citizens there be 
 compellable to appear upon any fuch Attaint, 
 N ; in 
 
Court of Hufllnga^ 
 
 in any other place, notwithftandingtheS^f. of 
 23 H 8. 
 
 Of an ABion of Wajle in London, by 
 the Cuftoni'^ and of Special Commtjfi^ 
 on of Errors. 
 
 QCle in the Huflifigs complains, and counts 
 that he was feizcd of the Reverfion in Fee 
 of aBrewhcun wh'ch Green was poflefs'dof for 
 51 Years by a Leale, and that Green fecit 
 'va^tiffijd^c, fidduci^ in pofternendo ufiumVan- 
 doxatcriuw, d^c, fretii mille Librarum : De- 
 fendant pleads no Wafte made, and Iflbe, ancj 
 a Jury according to the Gultom of the City, 
 from the four next adjoining Wards ejjend* 
 in Cur. ad proxim Hnfting. The Jury here made 
 default, whereupon a DtHrivgas was awarded 
 againltthem,retornableat anotherDay, Et in- 
 terim idem Jurat* videant Locum "vafiatum ; the 
 Jury appear, but it was not retorned that tb^y 
 had the View. They found the Defendant guil- 
 ty, viz,.i» pro^ernendo unum Pandoxatoriumy fretii 
 ICO 1. and other partv^ular Wafts, to the value 
 of 200 /. in all; (but not any particular vendi- 
 tion)and airtfsiiJ. coft; and yet here theyfay, 
 ^uod Def, fecit vafium •venditionem, d^c. but find 
 not any vendition in particular afterward, and 
 iherefore and for that they fjiould notaflefscpft^ 
 the Verdid was quafh'd. 
 
 Whereupon, at the Petition of Green^ another 
 Tryal was from 4 Wards, (but in the Record 
 it is n«3t faidj ntxt adjoining,) though in truth 
 
 they' 
 
' in London. I 8 j 
 
 they were fo, but 2 were not adjoining by the 
 Record, and thofe Jurors had che View, and A Special 
 found a General Verdid for the Defendant, that Commifllon 
 there was no Waft done ; upon which Cole the °lf^'^^J^^, 
 Tlamttff fues a Special Commiliion of Errors 
 \ti London, according to the Cuftom. direcled 
 to feveral Judges, and Cole pray'd Judgment 
 againft himfelf, which was given ; then ths 
 T'iaintiff Cole proceeds to the Comnijffion of 
 Errors, and the Judges Commiffioners, {More- 
 tonyTwntr, Ransford, Hales Faugbati) fent to 
 the Mayor and Sheriffs for the Record at the 
 Hufiings to be before them at GuiUbali at a day 
 affigned ; the firft Verdid was certified , as 
 parcel of the Record, and thefe Points were 
 refolved. 
 
 1. The Adion of Wafte was "well maintainable 
 /"London, fcr it had 'jurifdiiVion before the 
 Stat, of GIoc. c. 5". 2 Inft. 299. And 7 H. 6. 
 5 5". 16 not Law in this Point, 
 
 2. Though the View was not retorned on thefirjir, yet The Jury 
 
 the fir J} VerdiB was goody for it is not of mceffity mafl: hava 
 
 tbAt the other Jlwuld retorn it, though they wjfi ^^^ View, 
 
 have the View, and it oucrht to be examined upon _yr"?^"f' 
 T _. , ' «=» * celiary to be 
 
 '^^ ^Vy-*^- retorned fo 
 
 5. The firfi- FerdiB was fujjicient and good in Law, 
 
 upon which the Court e/Huftingi ought to have Fin:3ingthe 
 
 ar 
 the 
 Subfcance of 
 
 given Judgment for the? laint}ff, without award- particul 
 ingane-wVtmvQi for thelPords ValrumVendi- '^•^^ '^ 
 tionem & Deftrudionera,<«re^«; theTttle ofths u.xrllT'f:^ 
 yeraia, and not the Sub[tance of it; d7:d the find' 
 ing the particular H'afis is the Suhfianct of the 
 Verdid ; but if they had not found the particu- 
 lar Wa[i-Sy it bad been tU, 
 
 N 4 ^.Ths 
 
Court of Hujlmgs 
 
 4. The la ft VerdtEi, and Judgment given on it 
 ii>as erromom : ift. Becaufe it is not faid^ the 
 Frecept was to the BeJles of the Four next 
 Wards, and fo not a Trjal according to Cu- 
 fiotn, 2dly. Becaufe the Court t^uafhed the 
 fir(t Verdttl, which was fujficient, andfo they 
 erred in their Judgment . 
 
 5". "The Judges Comr»i[fioKers ought not only to 
 reverfe the Judgment in the Huftings, 
 given for the Defendant, but ought to gtve 
 fuch Judgment upon the Record before them, 
 (hat ike Court of Huftings ought to have 
 given, Viz. That the Plaintiff fliall re- 
 cover the Place wafied, and his Damages in 
 tripio upon the Pttjt Verdid ; for they are 
 commanded to make plenam & celerem 
 jufticiam, and tf they do it vot, the Court 
 of Huftings cannot, andfo a Failure of Ju- 
 ftice, 
 
 61. That Judgment fliall be entred for the Tlain- 
 
 ^iff ^f ^^^ Place wafied, and treble Dam- 
 
 No Coils of ^^^^ ^ ^^jlQ i^gbito refpeau to the Cofls ; 
 
 ^ _ ' for m Cofts of the Suit are recoverable in this 
 
 Adion. 
 
 Green the Defendant brought a Writ of 
 Erro* '■ 1 Parliament , and affigns Error in 
 Faa Ihac the Four Firft Wards out of 
 which the Firft Jury was Empannelled , 
 were not the Four Wards next adjoining 
 to the Place wafted , and fo the Cuftom noc 
 purfucd, 
 i 
 
 CqIo 
 
in London. iS^^ 
 
 Cole Pleads , h nulla eB erratum. 
 
 It was faid * It was an Errcnious A^ of 
 the Court, to award a Ventre to the Officers 
 of the wrong Ward. 
 
 But it WAS refolved . That it was a, Je- 
 ofail , and aiided by the Stat, 21 Jac. chap. Jeofail 
 15. for Two of the Wards appear to be 
 next to the Place wafted , and fo the Ve- 
 fiire was mifawarded in part. 
 
 Q^ For the Statute feems to extend only to 
 a Tryal at Common Law, and not to a Tryal 
 by Special Cuftom. 2 Sanders 252. Green and 
 
 Cole, 
 
 Of 
 
lU 
 
 " ■ II ■ ■ I 
 
 Attorneys. 
 
 Adions. 
 
 O/ the Lord Mayors Court, 
 
 TH E Lord Mayor's Court , commonly 
 call d the Mayor's Court in London, is a 
 Court of Record, and is held in the Chamber 
 of thQGuudball. The Recorder of the City of 
 London for the time being, is Judge of this 
 Court ; but the Lord Mayor and Aldermen 
 may fit as Judges with him if thev pleafe: This 
 Courc is held by Cuftom, and all the Pro- 
 ceedings are faid to be before the Mayor and 
 Aldermen. The Sherifts of Londen may in like, 
 manner fit with the Judges of the Sheriff^ 
 Court. The Proceedings in that Court being 
 ;ilfo faid to be held beforSc the Sheriffs refpedt- 
 ively , of which more hereafter. 
 
 In this Court all manner of Adions may be 
 enter'd and tryed by a Jury as in other Courts, 
 for any Matters whatfo'ever arifing within the 
 Liberties of London^ to any value whatfoever, 
 as for Debt at the Plaintiff's Suit ; Debt at the 
 Chamberlain's Suit ; Debt upon a Penal Sta- 
 tute, Trefpafs, Account, Covenant, &c. There 
 are only fourAtcorneys belonging tothisCourt, 
 who upon their Admiflion by the Court of 
 Aldermen , take an Oath for theobferving fuch 
 things as are therein mentioned. 
 
 The manner of entringAdlions in this Court 
 is different from the Sheriffs Court : For you 
 cannot enter an Adion in this Court at either 
 cf the Conjptsrs, but muft go to one of the \ 
 
 Four 
 
in London. 1 87 
 
 Four Attourneys, and enter your At^ion with 
 him. 
 
 When your Adion is enter'd by the Attor- 
 ney or his Clerk, you muft not employ any of 
 the Sheriffs Officers toarreft the Defendantjbut 
 give your Action, or a Note thereof to one of 
 the Serjeants at Mace belonging to the Mayor 
 and Aldermen. 
 
 There are fixSerjeants belonging tothisCout, 
 who are Men of good Eftates, and do not be- 
 long to either of the Sheriffs. Moft of them 
 attend daily at the Attorneys Offices, and one 
 of them is conftantly attending at the Lord 
 Mayor's Houfe. If you give any of them a 
 Note of your Adion, he will arreft the Defen- 
 dantj and in cafe fuch Defendant cannot find 
 Bail, the Officer will carry him to one of the 
 Compters ; that being the Prifon as well for 
 this Courtas the Sheriffs Court; whichlmprifon- 
 ment, and the Caufe thereof is conllantly Re- 
 corded in a Publick Book, called, The Ni/t'prius 
 Book, by the Attorney that entred the Action: 
 But if the party arrelied find Bayl, the Eldelt 
 of the ^oury^norneysmu^ take the fame, he be- 
 ing Clerk of the Bayls; and in cafe he (hall 
 take infufficient Bayl, and the Defendant do 
 abfcond, the 'Plaintiff may, after he hath a 
 Judgment for his Debt or Damages, compel 
 the Clerk of the Bails to pay the fame Debt or 
 Damages, by Petition to the Court of Aldermen, 
 or to Mr. Recorder. 
 
 Note, That an ABion entred in this Court •will 
 remain in force for eveif,, ah bough no VroceecU 
 ingsbe had thereupon ; "whereas an ABion er^ 
 ter d at either of the Compters dies, and m^y 
 he crojfed after Sixteen Weeks. And the 
 Charge of entritig an ABion in this Court 
 
 is 
 
88 Lord Mayors Court 
 
 is hut iour Pence bejides the Kittg^s 
 Vuty. 
 
 An Aciion commenced in this Court may be 
 brdught to a Try al for %o s. Charge, and in 
 Fourteen Days time, "whereas m the Sheriff's 
 Court they require more time, and much more 
 Money. 
 
 If there happen to be Six JVeeiis time between the 
 putting m Bay I to an A^ion in this Court, and 
 the time of the Defendant's Plea, in fuch Cafe 
 the Defendant cannot remove the fame ABion 
 or Suit mto any other Court, 
 
 Alfo Note, That an ABion commenced in this 
 Court cannot be removed into the Sheriffs 
 Court ; but an ABion commenced in the She- 
 riffs Court, may be removed into this Court y 
 either by the Plaintiff' or Defendant, at any 
 time before a Jury isfworn to try the Caufe. 
 
 Alfo, there is a great difference in Attachments 
 called. Foreign Attachments , made in thts 
 Court , and thofe made in the Sheriffs 
 Court. 
 
 Into the Nature of which Attachments in the next 
 place we fl)all enquire. 
 
 of 
 
in London, 1 8p 
 
 Of Foreign Attachments. 
 
 BY the Cuftom of Lomlon one may Attach 
 Money or Goods of the Defendants, ei- 
 ther in the PI.iintifFs own Hands, or in the cu- 
 ftody of a Third perfon : and that either in the 
 Ma)OTs Court y or in the Sheriffs Court, 
 
 And Note, That th Cuftom of London «, 7hat 
 if ^ny Tlaint be affirmed in London beforCy &C. 
 against ■iny Marty a^id Lc isretornedmhW^ tf the 
 Flaw tiff will fur wife any other Man who is •with- 
 in the City, is Debtor to the Defendant, in any 
 Sum, he fn:ill have his Garpifjoment againfl him 
 for him to come and anlwer if be be indebted in 
 the form which the other hath alledged ; and if 
 he comes ^ aud does Kc'e'eay it, then this Debt 
 (hall be attached in hts Hands. 
 
 Noce, 'the Vlaintff ought to futmife, that the other •x\^Q-p]jj\f^^^f[ 
 Man who is indebted toth» Defendant, is "Withtn ought to fur- 
 theCtty, 22 Ed. 4. 30. ;?.^r Starky iJerorrfer 0/ mJ^e that the 
 
 London, the Cuftom fo certified, perfon who 
 
 •' ' IS indebted 
 
 to the Defen- 
 An Attachment made in this Ck)urt will con- dant is with- 
 tinue in force for ever; fo that the Plaintiff ^" t^* ^*^y- 
 may proceed thereon at his pleafure. But an 
 Attachment made in the Sheriffs Court is not in 
 force longer than Sixteen Weeks. 
 
 KW Attachments aregrounded upon Adions of 
 Debt, and the manner of entring Attachments 
 is the fame as is before mentioned fcr Anions : 
 
 And 
 
}^o Lord Mayors Court 
 
 And one oF the Six Officers belonging to this 
 Court muft be employed to make the fame. 
 
 If A. cWsB. lOo U andC is indebted to A. in 
 loo 1. B. entereth an Adion again(t A. ofioo K 
 (i« the Sheriffs Court j or the Major^s Court,) and 
 hy virtue of that K^ion a Serjeant attacbeth looh 
 in the Hands of C. as the Moneys of A. to the ufe 
 of B. "which js retorned upon that Action. 
 
 Note, The Ret am mufi he ivithin certain Hours^ 
 for perhaps another Attachment may be made of* 
 ter in the Hands of C. fo that C. hath no other 
 ivay to avoid this ether Attachment , but by 
 pleading the former Attachment mad* as before 5 
 then let the Plaint ijf fee an Attorney immediately 
 before the next Court holden for the fame Comp- 
 ten 
 
 Now the Achantages of mal^ng At-^ 
 tachments in this Court rather than 
 in the Sheriffs Court are conjldera-* 
 hie. - 
 
 FOR Fir ft y An Attachment for Moneys 
 may be made and condemned in this 
 Court in Five Days time, if by confcnt, or if 
 no oppofition fhall be made; and if it be in the 
 Tlaintiffs Own Hands, may be finifhed for 10 ^. 
 chargs , the Officers Fees included : And if in 
 a Third jerfons Hinds, may be condemned for 
 ij /. c'-arge^ the Officers Fees included: 
 
 Whered 
 
in London. ipi 
 
 Whereas in the Sheriffs Court an Attachment 
 cannot be made and condemned under Three 
 Weeks time, or thereabouts, although by Cfp- 
 fent ; and the charge is ufually above a 
 Third part more than is demanded or taken 
 in this Court for condemning an Attach- 
 ment. 
 
 Again Secondly^ If A. attaches the Moneys or 
 Goods of M. in the Hands of R. in this Court, 
 and if R. have no Moneys or Goods in his 
 Hands belonging to M. at the time when the 
 Attachment (hail be made ; and it Jhall happen 
 that Six Months after /<. fhall become indebted 
 to M. or have Goods in his Hands belonging 
 to M. the Plaintiff, by virtue of the Attach- 
 ment made, as aforefaid, fliall recover the Mo- 
 ney or Goods he fliall prove came to the hands 
 of R. after the Attachment made: The Gene- 
 ral Iffue upon all Attachments being, Whether 
 R. Tpho is called the Garni^ee, at the time of the 
 Attachment made, or at any time after, hdd any 
 Moneys or Goods ofbA. in his Hands. 
 
 Thirdly, An Attachment made in this Court 
 cannot be removed, nor tryed in any other 
 Court ; wl:creas an Attachment made in the She- 
 riffs Court, nuy at any tmie, before Tryal, be 
 removed into this Court, by a JVa-n-ant figned ^^enia. 
 by the Lord Mayor or Recorder ; which Warrant 
 is called a Levettir Querela, the Charge whereof 
 is J. /. 10 d. 
 
 Note, The Levetur Querela mnfl he written hy 
 an Attorney of this Court, for which he receiveib 
 4 d andjor his Fee i S,and8 d. ^nd thtnmufi 
 be delivered to one of the Six Oncers before men- 
 tioned, to procure my Lord Mayor ^ or the Re-. 
 
 c order 
 
ipi Lord Mayors Court 
 
 corner to fiirn the fantr, for which 4 d. /'/ Jut to 
 his Lord^tp. ^nd after the Warrant is figmdy 
 ^be Officer mu(i carry ir to the C\rk of the Pa- 
 fers btknging to the, Compter^ where the Afiion 
 was entred, and give tim 2 s. 6d. to allow the 
 fame Levetur, and to c<.t.ifU the ABion or At^ 
 tachment, and the Officer for his pains bath i s, 
 which makes up the j s. i o d. 
 
 Lafily^ An Attachmetjt may be t^^•ed in this 
 Court for 30 J. although the Con;:ern be joo /. 
 But by reafon of Devices of Continuances in 
 the Sheriff's Court y the Charge of a Ti>al there 
 comes to much more. 
 
 fendant and Note, T'hat in all Attachments, the V erf on whofe 
 GarniQiee la Money or Goods is attached , is called the Defen* 
 general. d ant in the Attachment^ and the perfon in whofe 
 
 hands the Attachment is made^ is called the Gar- 
 nijljee, becauje of his being warnd not to pay tht 
 Money, but to appear and anfwer the Plaintiff's 
 Suit : after fucb Attachment made, the Gar- 
 nifhee {if he think fit') may appear tn Court by hii 
 Attorney , and wage Law, or plead, that he has 
 no Money in his hands of the Defendants, or 
 other Special Matter , or he may confefs it* 
 
 If the Plaintiff in the Attachment ftall ob- 
 At what ^^^" * Verdi<ftand Jadgmsnt for the Money or 
 tisiethe De- Goods attached in ths Garnifliees hands , yec 
 fendancinthQ the Defendant in the Attachment may at any 
 Attachment x\mQ before fatisfadion acknowledged upon 
 may put m Record, put in Bavl to the Plaintiff's Adion 
 
 Bail, and 1 • i 1 , ' , • 1 j j 
 
 difchrirge upon which tbz Attachment is grounded, and 
 tuf Attach' thereby diicharge the Judgment and Proceed- 
 ings 
 
 tKeitt. 
 
hi London. 
 
 ing5 againft the Garnifiiee ; yea, though the 
 Garniihee be taken in Execution. 
 
 9i 
 
 If the Attachment be of Goods, and the j„ ^afe of 
 Tlamtijf prove the Goods attached, or any part good Judg- 
 in his hands, the Jury in fuch cafe muft find menc for an 
 for the Flaintiffj and Judgment for an Appraife- Appraifc- 
 ment muft be. °^=''''- 
 
 And thereupon a Precept muft be made, 
 and direded to one of the Officers of this 
 Court, to appraife the fame Goods ; and if 
 the Garnifhee /hall not produce them, the Of- 
 ficer muft return an Elongavit ; which is as 
 much as to fay, That the Garnifhee hath con- 
 veyed the Goods out of the Liberties of this 
 City. 
 
 The next Court Day for Tryals after fuch 
 Retorn made, a Jury muft be fworn to enquire 
 ofthe Value of the Goodsfound by the form.er 
 Jury to be in the Garnilhees Hands, and Judg- 
 ment muft be enterd for the Value^ according 
 to the Verdid of fuch Jury. 
 
 Note, That upon Attachments no Cofts are aUo-wed 
 to either Party, let the Verdi^ be for or againft 
 the Plaintiff, 
 
 The Day for Tryals in this Court, is every 
 Tuefday, but every Day is a Court for entring 
 Proceedings, as Appearances, Rules, Pleas and 
 Judgments, except Holy-days, the Week before 
 Eajtery the firft Three Weeks in Auguft^ and 
 from the Sixteenth of Decsmber till the Mun-^ 
 day after T'Ji^elf'day. 
 
194 
 
 Jttach 
 
 mcnts 
 
 Sureties for 
 reftitution of 
 the Monty 
 if the Debt 
 be difproved 
 within aYcic 
 and a Djy. 
 
 Attachment, 
 ^iifcharged 
 bv the Gar- 
 nilhee for 
 wanr of a 
 DecIaraUm. 
 
 Moneys that 
 cams; fo the 
 GHrniihees 
 hands ufrer 
 the time of 
 . thtf PJea , not 
 to be giv^en 
 in Evidence. 
 
 After Judgment obtained by the Pl^ntift 
 
 againft the Garnilhee, or any Attachment, 
 
 the Plaintiff mull before Execution is awarded 
 
 find fureties, who muft undertake for the 'Plat7f 
 
 tiff, if the Defendant '\n the Athicbwent (hall 
 
 within a Year and a Day come into Court, 
 
 and difprove or avoid the Debt demanded 
 
 againftthem by the Vlainuff\ that then the ?/j;»- 
 
 tiff Ihall reftore to the Defendant the Money 
 
 condemned in the Garnilhees Hands , or fo 
 
 much thereof as fhali be difproved. Vtd, the 
 
 Pleadings pfua. 
 
 If A attaches Money in the Hands of B. as 
 the Moneys of C. and in truth B. had no Mo- 
 neys in his hands belonging to C. but cxpedls 
 to receive ic fiiortly, B. after four Defaults paf* 
 fed (which is ufually in four Days) may dis- 
 charge the Attachment by coming into Court 
 perfonally,and giving allule to declare upon 
 his Attachment^ and if//, do notdeclaie in 5 
 Days following, then Judgment will beenterd 
 againft A. to difcharge the Attachment; but if 
 A. declare, then B. may plead he hath no Mo- 
 neys in his Hands at the time of the Attach- 
 ment, or at any time fince ; and put the Plain- 
 tiff to prove any Money in his Hands ; or elfe 
 JS. may difcharge the Attachment by waging of 
 Law, vide fc[leiU 
 
 AV^jThe Plaintiff Hiall not give in Evidence 
 any Moneys that' came to the Garnifhecs hands 
 after the time of the Plea. 
 
 The Garnilhees may wage Law upon Oath, 
 but if the Plaintiff hath Two Witneffes thac 
 will (vyear thar the. Garniiliee had Moneys in 
 
 his 
 
 I 
 
in 
 
 London. 
 
 95 
 
 his hands when the Attachment was made, he WhatwHl 
 muft caufe his Depofitions to be taken by the ^'opf^e Gar- 
 Town-Clerk , that will ftop the Garnifhee ^^'J^^ 
 from waging his Law , and force him to La\v. "" ' 
 plead. 
 
 If the Garnilhee refufe to wage Law, the 
 Plaintiff may try the Caufe in four Court days, 
 following, after the Scire facias comes into 
 Court. 
 
 Attachment may be made for Goods or Mo- 
 ney at the fame charge, all upon one Attach- 
 ment, and both in one Scire facias. 
 
 Afrfrfarisfa- 
 ^tion ac- 
 knowledged, 
 no Bail puc 
 in candif^ 
 folve the At- 
 tachmen:. 
 
 When fatisfadion is acknowledged, then the 
 Attachment is perfeded, fo that the Defen 
 dant can put in no Bail to diffolve the Attach 
 raent. 
 
 The Garniftiee being warned in (after the 
 four Court Days are paftj to appear to fhew 
 caufe why the Moneys or Goods attached in 
 his hands fhall not be condemned in Court to 
 the ufe of the Flaindjf', muft go and fee his 
 Attorney, and then if he can wage his Law, he 
 may be difcbarged ; but if he will plead, he 
 muft put in Bail or Pledges before the Second 
 Court Day after the Scire Facias comes in, ocher- 
 wife for want of Bail put in, he b condemned 
 for the whole Sum, and he is remedilefs as to 
 Tryal by Jury ; but if he put in Bail and plead, 
 it may be tryed by a Jury. 
 
 Note, The Garniiliee after Tryal may put in 
 Bail in the abfence of the party againft whom j-^f^[^^V^^ 
 the Attachment is made, before the Lord May- c^rniftee af- 
 i or,and.fo diffolve the Attachment, and all rhe tec a Tryai, 
 f ' *' • -O 2 * Proceedings 
 
 If GarniOiee 
 will plead, he 
 muu puc m 
 Bail before 
 rhi Second 
 Court Day 
 afrer the 5rt- 
 re Fai. 
 
ip^ Attachments 
 
 Proceedings thereon; but then he and his Secu- 
 rity are liable to what Debt the Plamuff (liall 
 make appear to be due frooii the Defendant. The 
 charge of putting in Bail before the Lord May- 
 or is 6 s. S d. 
 
 The Party againft whom the Attachment is 
 Attachment made, may put in Bail in the Compter^ or fub- 
 diflblved by mithis Body, which he or the Gamifhee may 
 ths Defendant ^^ before fatisfaclion acknowledged by the 
 Tlahjtijf, and this (hall diiTolve the Attach- 
 ment. 
 
 - If the Garnidiee fail to appear as he ought, 
 default of ap^ he is taken by Default for want of appearing, 
 pearjnce, and Judgment given againft him for the Goods 
 muft pay the and money attached in his Hands, and is reme- 
 Money, or dilefs at Comon Law, or in Equity, byreafon 
 Ilea" when ^^ ^*^ nonappearance, though he hath not one 
 the d.y of Penny in his Hands, and if taken in Execution, 
 payment of a muft pay the Money, or go to Prifon. 
 Bond or Spe- 
 cialty is not If Moneys be attached in the Gamifhees hand, 
 yet come. ^^q^ ^ g^n^j or other Specialty, and the Mo- 
 ney is not become due at the Day therein men- 
 tioned, the Garniihee may by his Attoruey put 
 in his Plea, and fet forth, that the day of Pay- 
 ment is not yet come. 
 
 An Attachment in the Sheriffs Court is in force 
 no longer than 1 6 Weeks, as before obfcrved: 
 And becaufe this Matter of Foreign Attachment 
 is of great confequence, be the Attachment ei- 
 ther in the one Court or the other, we will en- 
 quire further into the nature of it, and of the 
 manner of profecuting and pleading therein. 
 
 in. 
 
in 
 
 Lond 
 
 on. ip7 
 
 What things are Attach able ^ or not. 
 
 BY theCufrom c^ London part of aDebtmay 
 be attached. Godh. 1^6. 
 
 If B. attach the Money or Goods of IV. in Moneys on 
 the Hands of F. and if F. have no Money or Bond before 
 Goods in his Hands belonging to W. at the ^"^* 
 time when the Attachment fhall be made ; and 
 it fhall happen tiiat Cw Months after (in the 
 Mayor's Court) F, (hall become indebted to ^V. 
 or have Goods in his hands belonging to W. the ^?^^^ ^^ 
 Tlaintijf by virtue of the Attachment aforefaid, an5"ti%^e 
 (ball recover the Moneys or Goods he ftiall time come 
 prove came to the hands of F. after the Attach- to the G^r- 
 man made, the general Iflue upon all Attach^ niftee's hands 
 menti, being,Whether F.f whois called the Gar- ''^l^^J'^' 
 nifiiee) at the time of the Attachment made, 
 or at any time after, had any Moneys or Goods 
 in the hands of W, 
 
 A. is indebted to iB. in 20 /. by Bill or Note 
 payable at fix Months or more, in fuch cafe ^. nMo- 
 you cannot enter an A(5tion againft A. till the pgy notdue 
 Money is duej but if 5.(lia!} be indebted toC.in isarrached 
 any Sum of MGneyjC.may,fo foon as thcNotehowco plead 
 is given to B. by A. caufe an Attachment to be 
 made in the hands of A. as the Moneys of B, 
 and if A. appear, hefiiall give Bail within two 
 Days after ; and after he hath put in Bail, he 
 rouft plead, That it is true, he hath To much 
 Money in his Hands, but that the fame is not 
 O 3 due. 
 
15?S .Attachments 
 
 due or payable to B. the Defendant till a certan 
 day to come,.C. the P/^/wf/^ (hall have Judg- 
 ment prefently againft A. the GarniJJjee for the 
 X^oneys attached, but Execution (hall not be 
 awarded for the Money, tillic become due ac- 
 cording to the time mentioned in the I^lea, 
 I Roll's, abr. jjg. Tisvce and Calcott ; but in 
 fuch Cafes it ought to be pleaded , that fuch 
 Debt was attached by the Cuftom before the 
 Debt was due by the Condition of the Obli- 
 gation Specially, 
 
 If A.fhall be indebted toB. in a Sum of Mo- 
 The like up- nev for Goods bought, and a Verbal Agree- 
 on Verbal ment only, to pay for them at a time to come, 
 Agreement. ^^^ ^^ Attachment (hall be made in the hands 
 of A. for the Money before the time agreed , 
 for payment thereof, (hall be elapfed, in fuch 
 Cafe A, theGarnifhee may plead the fame Plea 
 as p.hove, and (hall not be compelled to pay the 
 Monev till it become due by the Agree- 
 ment, but the Plaintiff (hall have Judgment pre- 
 fently. 
 
 And if the Defendant in an Attachment af- 
 dS**"- J (I ^^^ fatisfadion acknewledged upon Record, 
 the GJ'^iUfhee, ^^^^ ^^'"g ^" A(5l:ion agaiqlt the Garnifhee for 
 the Money fo attached, the Garnilhee may in 
 fdch Cafe plead the General Iffue, and give the 
 Attachment in evidence, but mult at the fame 
 time prove the Debt to be a Juft Debt for which 
 the Money was condemned, and the Courts 
 above have always allowed it as a good Evi- 
 dence againlf the Plaintiff in the Adion. 
 
 7. T. Citizen of London is indebted 40 /. by 
 
 -;«(/& ?nd Specialty unto A. B. a Citizen. A. B. is in- 
 
 Aaut\Cii'.\ debted to one Uajdon another Citizen in 40 /. 
 
 upon 
 
in London. ipp 
 
 upon a Si;rtple Contrad ; A. E dies Inteflnte ; 
 . 5/Jwc^. adminifters to die faid Incef^ate: IT. 
 after the day of payment of his 40 /. promifeth 
 Spi?;ck, in confideration of forbearance for two 
 Months to pay to Spt7ich the Gid 40 /. Sfmck 
 forbears, and the Money is not paid ; afterwards 
 the Debt due by /. T. is attached in his hands, 
 for the Debt due by the Inteftate to H«ydoT) ; 
 Spinck brings Adion on the Cafe againft j. for 
 non-pa^' ment of the 40 /. accoidir?? to his Pro- 
 mile ; he pleads cba^ the Debt due by him un- 
 to the Inteftate was attached. Sfinck demurs. 
 Two Points were debated. 
 
 I. Whether for the Debt of the Imeflate, being 
 only a Debt due npon a Simple Contrad:, Foreign At- 
 a roreign Attachment may be made; and it ^^^ a D^hc 
 wasrefoived per Cur a Foreign Actachment due by the 
 may well be (bed for it, becaufe by tne Cu- InteHare, 
 ftom of L*.;tf'o», the Executor or Adminiftra- f^'Ough >t be 
 tor being chargeable for a Debt due by the Contr. a ^ 
 Teftator or Inteftate upon a Simple Contrad: 
 as well as upon a SpvciakyjaForeign Attach- 
 ment lies for it as well as for a Specialty; and 
 tho the Courts of IVesfmi-njitr are not bound 
 to take notice of this particular Cuftom of 
 LonJo?}, in charging Executors or Admini- 
 ftrators on Simple Contract, nor to give 
 Judgment according to the Cuftom ; yet 
 when Judgment 4i&th been given according 
 to that Cuftom, and that Judgment appear 
 eth judicially unto the Judges by the Record, 
 now they ought to ailow the Cuftom, and 
 give their Judgment according wO that Cu- 
 ftom : But it was agreed, if there had not 
 been any Debt due by the hjtcftate to Haydev, 
 though there had been an ^Ittachment made 
 in London of the Debt due hy ^Sj'mck to the 
 O 4 In;t;^ate, 
 
%q6 Attachments 
 
 Inteftate, -and a Judgment given upon it, 
 yet might the Adminiftrator have relieved 
 himfelf by way of denial, and traverfe that 
 there had been any Debt due by the Inteftaie 
 to Haydev. 
 
 APrcmifeto ^' ^^^^^^^ ^he Foreign Attachment for the 
 pay upon for- Debt due unto the Inteftate, after the Pro- 
 bearance, snd mile broken, be fuch a difpenfation with the 
 after tht Mo- promife, that no Adion now lieth for the 
 ed^nthe'Ai^" Adminiftrator upon the breach of Pro- 
 fumers hands mile. 
 
 Money due 
 vpon account 
 afcer promife 
 to pay ir, snd 
 the a ay of 
 payment pift 
 may be at- 
 tached. 
 
 It was refolved, that the Promife was di- 
 fpenfed with, and no Adion lay upon the 
 Breach of it: For the Debt due by J.T. to the 
 Inteftate, which was the ground and caufe of 
 the Promife made to Spnck the Plaintiff, is tak- 
 en away by the Judgment had in London upon 
 theForeignAttachn^ejtt^ Calthrop. 27, 1 Rolf sRe^. 
 loy. Spmck and Tenant's. 
 
 The Court faid. It was 3 certain Debt before 
 the promife made, for the Promife is. to pay 
 Debt due on Bond; but had the Debt com- 
 menced by the Promife, it might have been 
 otherwife. 
 
 Agreeable to this Refolution was Bardiflon 
 and Humfy-efs Cafe: Whereupon an account, 
 he that was found in Arrears, upon a confide- 
 ration of forbearance by one Month, promi- 
 ferh a payment of them, and thofe Arrearages 
 thus due being attached in the Hands of the 
 Accountant, after the Promife broken, it was 
 held, that no Adion might afterwards be main- 
 tained upon the breach of Promile. M. 37 & 
 3 8. £/. Rfit. 4 r4. 
 
 "Where 
 
in London. 201 
 
 Where an Account is made upon Debts by 
 Simple Contract, or where Executors gives 
 time for payment of a Bond due to the Tefta- 
 tor^ this fhallbe ftill attached, i Role's 551. 
 
 Debts upon Record by Recovery, or other- T)eht$ on 
 v/ikf a^ Statute, Recognifance, cannot be at- Record, 
 tached, Cr. El. 63. i Leon, 29. 30. 
 
 Attachment of the Money after it is in the theSl'^rifr/ 
 Sheriff's hands by Execution, is void, i Leon, hands onEx- 
 
 264. ecution and 
 
 Debts that 
 
 Debt which is in Suit in the Kivgs ^^"'^^ '^e Su ^"tio^ 
 or ComwonPleas may not be attached. Courts. 
 
 If a Man recover Debt or Damages in B. R. - 
 this Debt may not be attached in London, for After Reco- 
 an Inferior Court (hall not attach a Debt in a very. 
 Higher Court, i Roll's, abr. j ^2. neither can it 
 be attached after IiTue joined. 
 
 So after an Imparlance to an Adlionof Debt After Impar- 
 in B. R. the Debt may not bs attached in Lon- lance. 
 don for the Caufe aforefaid, g Leon. 232. 
 
 If a Writ of Debt retornable in Banco be pur- 
 chafed before the Attachment, this may not ^^'^^^ rT'iJ! 
 be attached by the Cuftom, AJIojj and Prober : f^^Q^^^j^r^" 
 aliter if the Writ be purchafed after the Attach- cachm^nc/ 
 ment by Covin with an Antedate, 1 Roll's abr. 
 
 Defendant pleads a Foreign Attachment in Lon- After Ap^ 
 don, which was after appearance, and pending p-arance. 
 the Adion, it's no good Plea, Cr. EL 1 57. Bab* 
 ir.gtcns Cafe. 
 ^ The 
 
r\-y. 
 
 Attnclnnents 
 
 On arbitrati- 
 on between 
 an Executor 
 and another. 
 
 This Money 
 was not at- 
 tachable. ^ 
 
 Executot 
 take<: Bond 
 for Dr^bt due 
 to the Te- 
 ftator, or fells 
 Goods not at- 
 tachable. 
 
 ■ The A<ftion v/as in Debt, upon Condition of 
 a Bond; the Defendant demands Oyer, which 
 was to perform an Award, and fets forth, that 
 there were divers Accounts, &c, between J, 
 S. Teftafof of the Vlatn'.tff and the Deftndant, 
 and they fubmitted, &c, to fuch a one Arbitra- 
 tor, who awarded, that the P/^/«/?jf lliould de- 
 liver certain Goods, of which theTedator died 
 poirefi'd to thQ Defendant, Sin^thztthcDefendant 
 Ihould pay to the Plaintiff 37,0 /, and then fets 
 forth the Cnftom ofForcigTt Attachwtnfi in Z,c«- 
 doTjy that if a Suit were commenced agaijifl- the 
 Executor of any perfon, any Debt which was 
 due to the Teftator Tempore tnortts fua might be 
 attached, and then fets forth according to the 
 Common Foim, how this ; 20 /.was attached, 
 &c. and avers, there were no other Contro- 
 verfies between the Tlaintiffund Defendant^ but 
 what concerned theTeflator of the I'lawtiffland 
 him as Executor only. 
 
 The Queltion was, Ifkether thfj Money tvos 
 attached as a Debt due to the Teftatmy Tempore 
 Mortis fua!. 
 
 It was refolved , That this is not attacha- 
 ble. 
 
 For it appears not that it was any Debt due 
 to the Teftator at the Time of his Death; and 
 if this Money fhould be attached, the Executor 
 fliould be liable to a Devafiavit^ and yet (hould 
 have no remedy for the Sum awarded. 
 
 Where the Executor takes Bond for a Debt 
 due to theTeftator, or where he fells the Goods, 
 the Money for which they were fold, cannot 
 be attached, i Vent. m. Horfam and turget. 
 
 Executor 
 
tn 
 
 Lend 
 
 on. 
 
 20J 
 
 Executor recovers, in Trefpafs for taking Damages!] 
 awciy the Teflator's Goods, the Damages (hall Trefpais, 
 be aiTets, yet they are not attachable; foDama- 
 ges recovered upon Covenants made to theTe- 
 ftator. 
 
 m 
 
 When a Man 
 dielnteftate, 
 and rone ad- 
 m -fters 
 againft whom 
 muft the At- 
 tachment be? 
 
 If a Man dieslnteftate, an Attachment may 
 be made of Moneys, or Goods, or both, in a 
 Third perfons hands, but then the Attachment 
 muft beenter'dagainft the Lord Bifiiop of lew- 
 ^on, reciting his Name : But when there is a 
 Will proved, or Letters of Adminiftration 
 granted , the Attachment dies , and it muft 
 again be made againft fuch Eyecutor or Admi- 
 niftraicr, unlefs it be condemned fully in the 
 Interim. 
 
 Attachment may be made of Boxes orTrunks ' 
 locked, and it muft be fo retorned by the Ser- 
 jeant upon the Adion, and the Court next day 
 after the foy; Court Days pafl will grant Judg- 
 ment fox t\t opening ic. 
 
 If Attachment be made of Jewel?, either in Jewels. 
 a Man's own hands, or in a Third Parties 
 hands, it ought to be retornsd fo upon Re- 
 cord. 
 
 If Attachment be made of Moneys due up- penalty ae- 
 on a Bond, the Penalty muft be attached, for tached. 
 the Court will afterward abridge it to the. prin- 
 cipal. 
 
 Cloatfis in a 
 Trunk. 
 
 No Attachment lieth of Rent. 
 
 Rent. 
 
 If A. be indebted to B. and J. S. a Stranger Goods in thg 
 takes the Goods of A. as a TrdpalTer. /?• may Hands of a 
 
 not Trdpafler, 
 
204 
 
 Legacy. 
 
 Foreign At- 
 tachment 1 
 good bar to 
 ^Bion on the 
 Cafe. 
 
 But aliter if 
 the Suit in 
 Aftion on the 
 Cafe be for 
 D»nuiges on> 
 
 ly 
 
 Mtachments 
 
 not attach thefe Goods in the hands of J. S. for 
 the Debt of A for that the Property is out of 
 A. at that time, and only a Right in him, Stan- 
 mor and Amone, 
 
 Lecracy may not be attached in the hands of 
 an Executor, tor that it s uncertain whether 
 the Executor (liali have alTets to pay Debts, Pa- 
 ges Cafe, I RoU'i abr. 5 p. 3 Bulfir. 244. 
 
 If A. lend B. an 100 /. to be repaid by B. 
 upon the death of the Father of B. and this 
 100 /. is attached by Foreign Attacbwenty and 
 after A. brought Adion on the Cafe againft B» 
 for the Money, this Foreign Attachment is a 
 good bar,though theCuftom be to attachDebts, 
 and this is an A<5lion on the Cafe, in which 
 Damages only fhall be given ; for it is a Debt, 
 and he may have A6tion of Debt for it ; and 
 this being once well attach d,he fhall not defeat 
 it by bringing A<9-ion on the Cafe, i RoWs abr. 
 f C2. Haiti and H^alker, 
 
 A. fells Stockings to B. on Contraifl, by 
 which B.'is to give A. 10 /. and that if he fells 
 the Stockings before Augiuft- after, then he (hall 
 pay 2 d. more for every Pair, the which is at- 
 teachable but not the 2 d for every Pair, be* 
 caufe this only refts inDamages to be recovered 
 by Adion on the Cafe, and not Debt, becaufe 
 it's payable only upon a poffibility. Read and 
 Hawkins on Demurrer. 
 
 What 
 
in London. it 
 
 \ 
 \ 
 
 What Terfons Jl?all he bound hy this 
 Cujlom 5 or in ivhat other ^erjons 
 the Debt may he attached. 
 
 H 
 
 'E-ivei was indebted to Wathns^ and Turhil 
 having Money of Hews in his hands, 
 Watkim attacheth this Money in the hands of 
 Turbtll, by Foreign Attachment in London, and 
 makes Mr. Turbdl Garniihee there, according 
 to the Cuftom ; upon which Mr. Turhillbs- Debtmaybs 
 ing a Clark of this Court of B. R. prays, '"'^'j^*^;" - 
 That his Privilege may be allowed : And !„ Attorty 
 in Lodge sCak, Attorney of the Court of Com- of b. r. and 
 won Pleas, it was allowed, but per the whole he ft?a!! not 
 Court, after debate,T«^i'/// was denied privilege ^^privileg'd 
 in this Cafe, forafmuch as there is no Remedy 
 upon the Foreign Attachment but \n London j and 
 by fuch means, if the Defendant will put his 
 Eil'ate into his Attorneys hands, the Creditor 
 (if fuch Privilege fhould be allowed j ihall be 
 barred, Sid. 562. H^atkins and Hevjs. 
 
 A. recovers Debt againft B. in London, B. may q 
 attach this Debt in his own hands for fo much tach a Debt ' 
 due to him, Lopas and Holman. m his own 
 
 Hands, 
 
 A Debt due to an Adminiiirator, may be 
 attached wicbin the Cuftom, for an Admini- Pl^^^V®^*' 
 flrator is withits the Cuftom, Spink a,tidTe?iant j ^nr^^vhs' 
 videfupra. ' attached. 
 
 L iSsrATizs 
 
206 
 
 pleadings in Foreign Jttachnents, and 
 hoii^ they ought to be pleaded , as to 
 the Form of the CuJlGm and Matter 
 of Law. 
 
 Debt on 
 
 Bond of 
 joo /. to pay 
 50 /. and Fo- 
 reiga Attach- 
 ment of Jo /. 
 plejded ia 
 Bar before 
 the^ay of 
 paymenr, it 
 is a gooJ Bir 
 for the 
 whole. 
 
 DHbt upon Obligation of 100 /. conditioned 
 for the payment of jo/. before fuch a day 
 The Defendant pleads the Cuftom of Lmdon 
 of Foreign Attachment sj(^'viz,,) Tiiatif one fwho 
 h^li a Debt pny^bls to him by any other in 
 Lor: don,) ows Money to a Third , the Third 
 may attach fo much of it as is due to him in 
 the hands of the Second ; and that before the 
 Day of pa> ment of the Bond, a Creditor of the 
 Plaintiff (fuch a one ^ ^ attached the faid 
 5'o/. in the Defendant's hand* and gave fecuri- 
 tyinthe Court according to the Cuftom to re 
 pay the Debt,if it be difproved wirhin the Year 
 and Day/K-. and that fuch a Day Cwhich was 
 after the Day in the Originalj ) he paid the 
 ^o /. CO the faid Creditor, upon Scire fac. againft 
 him according to the Cuftom. 
 
 Tla'mtiff demurs upon this Plea : Becaufe, 
 ijf. Its not a good Culiom to attach a Debt 
 before it's due ; but fer Cur. it's a good Cu, 
 ftom ; for though he cannot attach it as a 
 Debt, yet it may not be levied 'till after the 
 tirae of payment of the Bond, and fo the 
 Cuftom was laid. 
 
 2, It wa-; faid for the Plain lifF, if ic fiiould be 
 a good bar, yec it is not a Bar but for jo 1. 
 
 v/hich 
 
w London. 207 
 
 which by the Plea it appears was not paid till 
 after the day, and fo the Bend forfeited : 
 But pr'Cur, it is a good Bar for the whole, 
 becaufe the Attachment which was before the 
 day of payment, makes this a Debt to the 
 Creditor^ (viz,.) all that was due, and the O- 
 bligee may not take any adrantage of the 
 Obligation afterwards. 
 
 But if this had been an Attachment of 20 1. it j^ -j ^^^^ ^^^ 
 
 feems the Defendant fhail plead this Record of part, as 20 /. 
 
 the Attachment in London in Bar^ fro t&nto, Sid. if f^^^-i be 
 
 227. Robhws and Standard. l^^i''^ i" 
 
 , ' ' Bar for part." 
 
 Foreign Attachpient in an Inferior Court was 
 pleaded thus, That hy Cujhm, tin:e out of mind, 
 •whoever hvkd a Vlaint ., pro aliquo di-bito ^ 
 ag&inft avothcr upon Jurmijej that « Stranger -was 
 indebted to the Defndant, that Vrocefs ijjued forib 
 to attach ^^c. And the Exception was, That it 
 was not faid, fro a^iquo dehitOj which did arife ^lljtl^'^"\ 
 infra jurifdiBionem. Fer Cur. it need not be ex. fJith not that 
 preft that the Debt did arife tnfrajwifdiBtonem^ it did arife /«- 
 
 and that if Adion be brought in fuch Cafe, ^'"'' J-^rifdiai* 
 
 and the Debt be laid to be contra(5ted infra ""^^ 
 
 JurifdiSi^ Curia, if the Defendant will plead to 
 
 it, he may, but he ihall never be admitted to 
 
 affignitfor Error, that the Debt did arife extra 
 
 jurtfdiciionem Curia^ but if he had tendered fuch 
 
 a Plea of the Jurifdidion of the Court upon 
 
 Oath*, then if they had refufed it, it would 
 
 have been Error ; wherefore it is enough in 
 
 this Cafe to fay. If a Plaint were levied, fro 
 
 aliijuo dehito infra yirnjdiBionem Curia, without 
 
 averring. That the Debt did arife injra Jtjnjdi- 
 
 Girnem: Alfo there cannot be a Cufiom for a 
 
 ioTiign Attachments bsfore there b:;foir4ed£fai.-";c 
 
 in 
 
^ o 8 Attachments 
 
 in the Deft. ; and for that caufe it was held to 
 beillj I Fentr.2^6. 
 
 / 
 
 jittachmmi If an Attachment be made of an Horfe, or a 
 
 by Inkeeper Mare in an Inn-keeper's Hands, he appearing 
 
 meat ^^ ^^^ Attorney, may put in his Plea, fetting 
 
 forth, That there is fo much Horfemeat due j and 
 
 the Court will allow him his Money before the 
 
 Plaintiff (hail have Judgment for the appraife« 
 
 tnent of the Horfe or Mare. 
 
 If A be indebted to B. who is indebted to C« 
 and C. fues Baw LontloVfZnd by the Cuftom at- 
 taches the Debt of B. in the hands of A. and 
 after B. brought Adion againft C. for hisDebt, 
 and he pleads the Attachment, B. may traverfe 
 The Caiife thg Caufe, /. e. That he was not indebted to 
 Debt due) "° ^' ^^^ ^^ ^^QTQ were not any Juft Debt between 
 miybe tra- ^^e Plaintiff, in the firft Adion, and the De- 
 verfed. fendant, the Attachment is not any Bar, Para- 
 
 mour's Cafe, cited i RoWi Rep. io6. i RoWs 
 abr. J. Vid. inf'-a. 
 
 Pledges to Debt in the Kings Bench upon Mutuatus 
 
 reader back for ^o/. The Defendant pleads Attachment 
 the Money fi j^ London, and that he had found Pledges after 
 
 d^rauon,retur j-^^^ Defaults there of the Plaintiff, to render 
 
 not putin back the Money / dtftrationaretur within the 
 
 the day of Year, and it appears that the Pledges were not 
 
 the laft De- put jn the day of the laft Default, but at a day 
 
 ooj' "'^ "^"^ ^^^^^ > ^"^ ^^^ ^'*^' ^^^ '^^^ ^^^ ^^^^ ^^ "°^ good, 
 Vorei's^n At- Mich, 40. and 4 El Rot. 604. Moor. 507. 
 
 tachment 
 
 given in E^ri- q^ ^ Foreign Attachment (which was ufed 
 
 cTnaalSae! » be pleaded though Utely is given in Evi- 
 
 dence on the General liluej ir the Cultom be 
 
 not precifely faed, it s void, 5 Kek 221. in Ben^ 
 
 n(t and Thorn s Cafe. 
 
 In 
 
in London. icp 
 
 In Debt on Inland Bill by the Cuftom of 
 Merchants; the Defendant pleads an Original 
 and Attachment in the Sheriff's- Court in Lcr,- jud^i^ent 
 r/57; ; to which the P/^/w/'/jf' demurs, ^ndpnCw. muftbe^ 
 This is but in abatement, unlefs it had been F'^^^^^d in 
 pleaded, that a Judgment was thereon : And ff.^'^^J''.^^ 
 by ^''ild Ju^ice taliter frocejj'um efi ; that Judg- rcu eliter fro- 
 ment was thereon is not fufficient,but the 4De- aftn e/i. 
 faults, and Judgment muft be pleaded fpecially, 
 as Cook's Entry, 5 Keb. 627. Baksr and Hill. 
 
 Debt for 40 /. Defevdant pleads that the Tlain- 
 tiff WHS indebted to him in 40 /. and he there- 
 fore fued a Plaint in London^ and there this 
 Debt in demand was attached in his Hands, 
 and he pleaded the Foreign AttachrKent in cer- 
 tain, and had Judgment thereupon , &c. 
 Plaintiff replies, He was not indebted to the Defen- ^ 
 dant in 40 1. nor in eny other Sum, Defendant de- T}-,.theow-. 
 xnurs, for that the Debt is not now traverfabls, f h i^m no- 
 becaufc it is recover'd in London, Et mn dtfratio- thing. 
 natur within the Year and Day, as it might 
 be by the Cuftom : But fer Cur. the Replication 
 is good, for whether he v^ere indebted or not, 
 is very well ilTuable; for if he were not indebt- 
 ed, they in London could not attach the Vlai-n- 
 tff's Debt by a Foreign Attachment for nothing. 
 Cro. El. 5'98;, Paramour and Fain: Though it 
 was held by fome, That the Debt is not traver- 
 fable, for if there were no Debt, he fhall have 
 reftitution upon the Pledges. 
 
 And in Coke and Brainfcrth's Cafe, Debt on 
 Obligation ; Defendant pleaded, That the Plain- 
 tiff was indebted to him, & conceffv johere, and 
 pleadeth a Foreign Attachment in Lvndon ; the 
 Plaintiff froteflando ^nod non bahctur tale recordum 
 pro placito dic'it j that he fro divcrfii denarioyum 
 
 p r«w 
 
2 10 Attachments 
 
 fummis per iffum prefat, R. prius Jehitis non concef- 
 fit folvere thsfaidSum tKodo& forma, ^o«f;TheDe- 
 fendant demurs, adjudg'd a good Bar, and the 
 Debt is well traverfable. Cro.El. 820. 
 
 Adion of Debt by A. againft B. upon Bond; 
 Defendant pleaded tender of the Money accord- 
 ing to the Condition, upon which the Parties 
 That the wQtQ at iiTue ; and after the Defendant pleaded, 
 ^^her*afcer ^^^^ ^^^^^ the DarramContinuar^ce, the Debt now 
 thelaftcewfi- in demand was attached in the Defendant's 
 nuanee is no Hands according to the Cuftom of London^ for 
 Plea. the Debt of C. to whom the Plaintiff was in- 
 
 debted ; pn Cur. the Plea is infufficient, for it is 
 altogether contrary to the firft Plea ; and alfo 
 the Court held. That an Adion for the Debt 
 depending here in this Court, the Debt cannot 
 be attached, and the Court would not fufFer a 
 Demurrer to be joined upon it, but overruled 
 the Cafe without Argument, for it was againft 
 the Jurisdiction of the Court, and the Priviledge 
 of it, 5 Leon. p. 210. Cor. £/. loi. to the fame 
 purpofe is Pe//'s Cafe. 
 
 Attachment 
 after the Ori- 
 ginal purcha- 
 fed. 
 
 Humphrefs and Barnes's Cafe ; Debt upon a 
 Bill obligatory of i; /. 13 j. 4 ^s^. the Defendant 
 pleaded a Foreign Attachment in Bar, made in 
 London by one Adoulton, {to whom Humphreys was 
 indebted) of 13/. in his hands after the Original 
 Writ purchafed, and before the Retourn of the 
 Exigent or appearance thereupon, and before 
 he had any notice of the Suit in the Common- 
 Bench ; and upon the Demurrer it was adjudg- 
 ed to be no Plea. 
 
 I, Becaufe it appeared not that the 1; 
 
 was part of 
 manJ. 
 
 the [aid 13 1. 13 s. 4 d. now 
 
 1. attached 
 in de- 
 
 I.P.i 
 
/>/ London. 2 i l 
 
 2. Becaufc tb'u Attachment was waile while thi 
 Suit was de^endir.g in B. C. avd the Kings Court 
 beirig pjjejjud of the Cau[e^,it is mfaficient, and can- p^p A'-tach- 
 ?jot he ^ fcr the faid C&ht'is interejlcd t herein -^ ancl nenr to be 
 it is againfi the Digfrity^of the Court to have an Iv~ ^^/i* while* 
 ferior Court meddle therein j alfo nhile the Stiit is 
 defrding, itisQiia.f\ in Cuftodia Legis, and can- 
 not he medled with by another y as "iihere Goods are 
 dijf rained and impounded, tkfy cannot he attached at 
 Common Law, Cro. El. 691. 
 
 onit is d< 
 f tnding- 
 
 AAion of Detinue ; The Plaint -jf declared, 
 Upon the Bailment of a Cloak of the value of 
 10 /. to the Defendant to be fafely kept, and to 
 be redelivered to him upon requefl, and (hewed 
 that he did requeH: the Defendant to redeliver 
 it, and that he doth ftill detain it, ad damnum, 
 &c. The Defendant juftified the Detainer by 
 reafon of a Foreign Attachment in London , and 
 pleaded, 7bat London // a-a Ant lent Ctty , and 
 that there is a CuHom in London, that tf any one 
 he indebted to another, that if he will erter his Suit 
 cr Plaint into the Compter of the Sheriff of London, 
 that a Precept ^lall be awarded to a Serjeant at 
 Maceto jummon the Deftfidant, avd if he retorn ni- 
 hil, that is to fay^ That he hath nothivg vt the Cuy 
 by which he can he fummoned, &non e(r Inventus; 
 and if hs be folemnly called at ihe vext Court ^ and 
 makes default, that tien if he can fiuw that the De- 
 fendant hath Goods in the Hands of one within the 
 Liberty of the Ctty, that the f aid Goods f}^- II be attach^ 
 ed , and if the Defendant make default at Four Court 
 da)' fy being foletnniy called, that rh^n if the Plaintiff 
 V^ HI J wear his Debt, and put in Bail fcr ihe Goodsf 
 viz. that if the Debt be dfpro-ved within one Teat 
 and a Day , or the 'judgment be re'Verfcd^ that he 
 (I)jII have his Judgment for the Jaid Goods ', And 
 P 2 ho 
 
2 1 2 Attachments 
 
 '!'! 
 
 be fiiewed that he enterd his Plaint againft 
 now PUintiff in the Counter o{ TVoodflreet for the 
 Debt of 2o 1. and that a Precept was awarded 
 to a Serjeant at K4ace to fummon him, andbe- 
 caufe he had not any thing by which he could 
 be fummoned, he /hewed that the now Plain- 
 tiiT had Goods in his the Defendant's Hands, 
 which were attached in his Hands, and that he 
 fwore his Debt, and put in Bail for the Goods, 
 and had Judgment thereupon. Plaintiff de- 
 murs, 
 
 T^e Caufes. 
 
 I. He fets forth, That 7.5". did levy a Plaint 
 
 Exception to gcrainft the now Plaintiff, for the Debt of 20 1. 
 
 CuPom of ^^^ ^^^^ ^^^^ *^'''^ exprefly that he did owe him 
 
 Foreign ^t- 20 1. and he ought to have fet down how the 
 
 tackmints. Debt grew (^ue. Rcff* The AtTrion is not 
 
 brought in that Court to recover a Debt, but he 
 
 pleaded ic in Bar to him. 
 
 The Cuftom 2. He pleads a Cuftom and doth not pur- 
 
 niufj be f^e ,r. 
 
 ed'i kad"' "^^^ Cuftom is, That if the Serjeant retorn, 
 ingi ^"' That he hath nothing within the City whereby 
 he may be fummoned, & non eft Inventm, and 
 at the next Court Day he befolemnly demand- 
 ed, and make default, &c, and he faith, be- 
 caufe he hath nothing by which he fhould be 
 furamcned, but doth not fay, That the Officer 
 did retorn, That he had not any thing whereby 
 to be faaimoned, , nor doth he plead, or fay. 
 That ac the next Court Day he was folemnly 
 demanded ; alfo he doth not aver, That he had 
 found Pledges according to the Cuflom. 
 
 5. He Hieweths that the Goods were attach- 
 ed in the Defendant s Hands, but he doth not 
 iliew that it was within the Liberty of the 
 
 City 
 
in Lonodn. 2 1 3 
 
 City, and all the Prefidents are Iff a "Jurhdi^i' 
 
 nem. 
 
 Refp. We fay in our Cafe, Thnt the Cufiom 
 is, that the Goods mud be In Lonrlony Godb. 400. 
 Hirn a.nd ^/w^^'sCafe, Latch. 2c8.> 
 
 In an Adion of Debt for Tobacco in theD^- 
 tim', a Debt may not be attached within this p^^t for Tow 
 Cuiiom in fatisfadion ,• for that it appears not ^"^^ched J^ 
 of what value this Tobacco was, by which it the value doe$ 
 (hould appear that the Debt is but a fatisfa- notappear. 
 dion to the value, which cannot be fupplied by 
 a Plea in Bar in another Adlion .igainft him in 
 whofe Hands the Debt was attached ; But if the 
 value of the Tobiccohad been averred in the 
 Record of the Attachment , the Debt might 
 have been attached in this Action, Pears and 
 Coicott, Tr, 14. Car. B, R, Intr. M, J 5. Car. R.ot. 
 
 47;- 
 
 If a Foreign Attachment be pleaded in B^ir of 
 an Action, that the Cuftom is, [chat if any man 
 brought an AiTtion againfl: any other for any 
 Debt, and upon retorn made that he«o« ejt w- The CufTcm. 
 'ventui & p^uod nihil imdey &c. and that upon this muft 'vrmiia 
 on furraife that another is indebted to the De- ' j^^*^ ^ 
 fendant in fuch a Sum, and upon this to pray i^tndfptedfo 
 Procefs to attach the Sum in his Hands, and to thePlainr 17 
 defend, it a quod the Defendant appear to an- Jswirhi- : -j 
 fwer to the PlaintifF,and the Serjeant retorns, he Ji'T^^^-', .^ 
 had attached the Sum in his Hands, and theDe- ° ^'^ 
 fendant appear d not at four Courts after, &c. 
 That Judgment (hall be to recover this in his 
 Hands, &c?\ This is not a good Cuftom with- 
 out a Surmife^ that the Stranger who is indebt- 
 ed to the PlaintiiTis within the Jurifdidion of^Jie 
 Court, and this retorn of the Serjeant iLall not 
 
 P 5 bir:d 
 
2 1 4 Attachments 
 
 bind the party v^ich an Atftual furmife of thi* 
 by the p^rty himfelf. Adjudgd upon De- 
 murrer. Sir Mi(h. Hile and Walker, Tr. i Car. 
 
 Cu(lf;m not 
 puiTued in 
 pleidij g. 
 
 l^f-f''' cannot 
 fc-« '.-ached 
 for f : . pro 
 Fr Dik of 
 
 The Cunom is, [pleaded, that after the At- 
 tachment by procefs. if tlie Defendant make de- 
 £i?j!r by four Courts afier, that by the Cuftom 
 at the LiO cf the four Courts, the plaintiff may 
 pray Procefs againJt U. to come in and ftiew 
 caufe why judgment ftiouid not be againft him 
 the next Court after, and when he conies to ap- 
 ply this Cudom to his Cafe, he fhews that there 
 were four Defaults, and that at the fourth De- 
 fault the Plea was continued for divers Courts, 
 and then procefs goes againft Bi] and judged 
 this doth not warrant the Cuftom ; i Rol. abr. 
 
 Debt by Adminiftratri* upon a Bond of 26 /. 
 made to thelntq^liatej The TeFendant pleaded. 
 That he had commenced an Action of Debt of 
 30 /. sgainit the riain riff by the name of Admi- 
 nifiratrix to her Husband before the Sheriff of 
 Londotfy and upon »i;&i/ retorned, &c. That Debt 
 was attached in his Hands, and pleaded all the 
 Cuftom of Foreign Att.-^chrKCKts in London, and 
 that by Judgment this Debt was attached in his 
 Hands : Adjudged no Plea ; 
 
 I. Btcatife the Vlaintiff fucs here as Adminiftratrix 
 to h?r hu'handj & non conftat by the Bar, 
 that ibe T>ibt reaver din London vms the Inte- 
 fiate's i'.bt, but orJy rhat flie uas jucd there by the 
 JS'c'tt/^. of Adminiflratrix ; <^r/}d that rmgbt hy 
 alihotiAi Jlie were [tied for her proper Debt ; as tie 
 Books urfj that o?u way be fued by the Name of 
 Utirfor htf proper Debt jafid then the Inte/} ate*) Debt 
 
215 
 
 i?i London. 
 
 cannot he attached for the proper Debt of the Ad- 
 mlQiflracrix. 
 
 2. It is not jtiewed that the Deht recovered in Lon- 
 don, 'U'as a Debt by Specialty, otberwife i: not 
 demahdable aga'mjl an Adminiftrator. ' Q. de 
 hoc ; it's othnrwife hj the Cufiom of London , 
 vid. antea.] 
 
 5. It is not fl]2-wed that the Cuftom is , that if the 
 htesiate was indebted to the Vlaintiff there, and 
 the Vlainttffwas indebted to the IntejUte, that by Cuftom not 
 an Adion brought by the VXaXnti^ there agairji ^^^ "* 
 an Adminiftrator, tb.it this Debt might be at- 
 tached m ihe Hands of tie VXzxmx^ there 5 but it 
 is [he'wn, that if it he te^ified that the Plaintiff 
 •was in debt cd to the fdrne pcrfon whom he fued , 
 that then he might attach. But here the Defen- 
 dant now, being Plaintiff in London, was not in- 
 debted to the 'Plaintiff here, who was there Defen- 
 dant, but was indebted to thelntefiate. 
 
 4 . 'the judgment in London was, de bonis pro- 
 priis, which cannot extend to bonis Inteftatoris, 
 Cor. El. 843. Hodges and Cox. 
 
 Debt aliigned in ratisfacSion or another, is in fatisfaai- 
 not liable to an Attachment for the Debt of the oaof another 
 Affignor; the Cafe of Lewis and Wallis was re- J?'^^ '^ ""^ 
 markable, and a leading Cafe, 3 Car. 2. //^^J^^^^^; 
 
 ■B. R. the deht of 
 
 the Affignor. 
 WaUis was indebted to SneH in 700 1. and in 
 part of facisfadtion he afligns a Debt of 220 I. 
 due by one Parker. Lewis after having a Debt 
 of 2^0 /. judly due to him by Walks, ievys a 
 Plaint in the Sheriff"s Court, and after fuggefis 
 that Parker was indebted to IVallis ut Jupra, and 
 P 4 by 
 
2 1 6 Attachments 
 
 by procefs oF Foreign Attachment, had the Debt 
 attached in the Hands of Parker, ^we// hearing 
 this put in Bail for /^^i//j tothe Adion of Lew- 
 is, and after brought Habeas Ccrfus to remove 
 this Adion into the Klfi^'s Ihjich, and Snell be- 
 comes Bail for H^alHs there, and Leivis declares 
 in B. R. upon tliis. After this IVallis before 
 Judge Raymovc^^ allcdged , That he confented 
 not to the Bail upon the Foreign Attachment, nor 
 to the Hijkas C'rfta, but that all was done with- 
 .out his privitVjand prays, That a VrocedtnJo may 
 bs granted to the Action \nLorJort, which was 
 g^ranttd by R-tymond upon confident affertion. 
 That no Bail could be put in in the abfence of 
 the Dfiendart on a Foreign Attachment, unlefs in 
 the prefenceof the Lord Mayor: Upon this Tro- 
 ccdtrxio lyidlis ccnfefieth the Adion in London, 
 and Leti'is hr^d Judgment, and Sncll , as his Bail, 
 was after taken in Execution, and for redemp- 
 tion of his Body, pjys the Debt to Lewis. The 
 whole Matter being dilclos'd, the Court was of 
 Opinion, That after the Affignment by Wallis to 
 .S«e// of the Debt of Parker, this was in truth the 
 right and property of Sncll, and ff^allis had no- 
 thing in it but in Truft for SncIL Then this Bail 
 by Sncll on the Foreign Attachment was (^ua(i per 
 Wallis , and by his aflent ; and when this 
 
 Af«. £j • was done, the Foreign Attachment , end all the 
 Alter Hr.ifcas _ ,. ' .<^ iirir--- 
 
 Curpusup n 1 roceedmgs on it were ended, tor the Foretg^i 
 
 an Aaionpf)* Attachment had no Other end but to compell the 
 Foreign A--- appearance of the Defendant to theOriginal Ad- 
 '^'d^B-^"' '' *°" ^ ^^^ when the Caufe was removed hither 
 cenr«d in B, ^V HaLc^is Corptr, and Bail put in by 5«f//, upon 
 R.xht Fc- ' which the Plamnff had declared, this is an ac- 
 leign Att.-.ch- ceptc'-nce of the Bail, and this Court ispoffcftof 
 menti'.dif- jj-je Caufe, anci no Suggeftion of the Defendant 
 Charged. ^|.^ll ^^^^^ the Court of Jurisdidion, efpecialiyas 
 thisCaf^ is, where it appears, that thedefsgn of 
 
 ivuins 
 
in London. 217 
 
 PP^alHs was to defraud SmU of the Satisfadian 
 he had afligned to him for part of his Debt. 
 Therefore a Superjedeas Was awarded to the Tre- 
 cedendoi Quia tmprcvide emanavtt ; by which all 
 the Judgment and Proceedings in London were 
 void, & coram mn Judice , and reftitution or- 
 der'd to be made to 5«e//, and Lev/is left to 
 proceed in his A<3:ion in this Court per Habeas 
 Corpusj to which Smll was Bail. 
 
 Plaintiffdeclares in JJfump/itas Adminiftrator 
 upon Idebitat. in 30 /. for Wares fold by thelnte- 
 ftate. T\\QDefendiint pleads, That after the death 
 of the Inteftate , and before Adminiftration 
 granted, he affirms a Plaint in the Sheriff's Court 
 againft the Arch-Bifhop of Canterbury, to whom 
 belonged theAdminiftration,r<»r/o»g Prarogativ^e 
 futs. In trefpafs on the Cafe fur affumpjit of the 
 [nteftate, and upon Procefs againft the Arch- 
 Bi/hop, he was retorned nthtl habet nee eji Inven- 
 Um\ and then fliews the Cuftom of London of Fo- 
 reign Jttachme7}tSy and that he himfelf owed to 
 the Inreftate %o l. and had it in his Hands, and 
 prayed AttachmeTit of the faid Moneys in his 
 Hands, according to the faid Cuftom, and al- 
 ledgeth their Proceedings and Judgment in good 
 form as ufuaL Demurrer, 
 
 It was file wed to the Court, that the Cu- 
 ftom is alledged , That if the Debtor die In- ^«^oni not 
 teftnte , and a Plaint be affirmed againft the p^/ad^ng^ 
 Adminiftrator, and if procefs againft him be 
 retorned, quod hibil habet ncc eft Inventnj, &c. 
 That this Cuftom is not purfued in the 
 Plaint affirmed againft the Arch-Bifhop, and 
 then the Judgment founded on this Cuftom 
 will be void; Qaod fuit cor.cejjtwj per tot ant curiam ; 
 2nd refolved , That the Plea was indifficient ; 
 
 and 
 
2 1 8. Attachments 
 
 and that the Judgment upon the Foreign Attach- 
 ment was not any.Eftopple to the Plaintiff here, 
 he not being party. Sir Tho, Jones i6^. Smith 
 and Rogers, 
 
 By the Cuftom of Foreign Attachments in Lon- 
 don ; If A. fue R. in London, &c, and C. is in- 
 debted to B. in the fame Sum, and the fad C. 
 15 condemned there to A. according to theCu- 
 ftom, and Judgment given againfi: him accord* 
 ingly, yet if no Execution be fued againft C. 
 A, may refort to have Judgment and Execution 
 againft B. his principal Debtor, and B. may fue 
 C. for his Debt notwithftanding the Judgment, 
 fer Brook Recorder of London : Dyer. 7 Ed. 6 
 
 Si2. 
 
 Concerning Sequejlration of a Citi:^ens 
 Goods, Sec. 
 
 IF A. B. ows Money to C. D. and abfconds, 
 and happens to leave Goods in a Houfe or 
 Ware-Houfe locked up, and no perfon in the 
 Houfe or Ware-Houfe; in fuch Cafe C. D. may 
 fequefter the Houfe or Ware-Houfe, and the 
 Goods and Chattels therein contained, and in 
 6 Days time may condemn the Goods. The 
 manner of making a Sequeftration is as follow- 
 eth: 
 
 C. D. Mufi enter en ABion of Debt agaijjfi A. ^. 
 L«ri Mayors ^^^^ ^^,^ ^4 ^j^^ ^^^^ Attorneys of tits Courf, 
 
 and 
 
in London. 21 
 
 and then one of the Officers of this Court wuft 
 go to the fame Houfe or fVare'Hcufe , and jay 
 tbefe, or the like JVords, 
 
 T Do fequefter this Ware-Houfe, and the Goods 
 and Chattels therein contained , as the pro- 
 per Warehoufe, Goods, and Chattels of A. 
 B. to anfwer C. D. in a Plea of Debt^ upon de- 
 mand of 120 /. 
 
 And then muft fut a Fadlock upon the Door of the 
 Houfe , and fet a Seal uf on the Key-Hole: And 
 after Four Court Days fafj^d^ which isufualin 
 Four Days , the Officer wtll receive a Precept to 
 open the Ware Houfe , and caufe the Goods 
 therein to be inventory d and apprais'd by any 
 Tvjo Freewen ; end the Appraifors mui^ fet 
 their Names or Marks to the fame Inventory , 
 and come to the next Court , and there take an 
 Oath asfollotveth : 
 
 The Oath to be taken by the 
 Appraifors, 
 
 ""XTOU , and either of you Hiall fwear 
 *' X that the Appraifement you have made 
 " of the Goods and Chattels in this Schedule 
 " or Inventory fpecified, whereunto you have 
 " fubfcribed your Names, is a juft and true Va- 
 " luation and Appraifement of the fame Goods 
 *■ and Chattels , according to the beft of your 
 ** Judgments and Skills. So help you God. 
 
 The 
 
220 
 
 Attachments 
 
 The fame Court- day that the Appraifors are 
 fworn, the Plaintiff may have Judgment and 
 Execution for the Goods, bringing Two fuffici- 
 ent Sureties , who will enter into a Recogni- 
 zance to this Effed ; viz,. That if the Defendant 
 A. B. [hallcome into Court whhin aTear and a Day^ 
 and difprove cr avoid the Debt demanded hy C. D. 
 that then C. D. fi)all reft ore the Goods^ or the value 
 thereof , to A- B. or elfe that they •will do it for 
 him. 
 
 The Manner for a Defendant in an Attach- 
 mentj &c. to difprove or avoid any Debt de- 
 manded, is asfolloweth: The Defendant muft 
 How the either render his Body toPrifon, or giveSecuri- 
 
 t.!!'t"-A «« ty to pay the Debt demanded, and then may 
 may avoid or , -'. „ . „ . ■ • i • n j o • r • 
 
 difprove a bring a Sare Facias, which is cailed a Sctre facias 
 
 Debt. ad difprob^ndum dibit uw -^ and the Plaintiff in the 
 
 Attachment muft be fuinmoned to appear, and 
 plead thereunto ; and after .the Plaintiff hacli 
 pleaded, if the Debt demanded be not a Debt 
 due by Bond, Bill, or Specialty under Hand and 
 Seal the Defendant may wage his Law, and 
 thereby difcharge hirafelf of the Money deman- 
 ded by the Plaintiff, which muft be done in 
 Court as foUoweth : 
 
 " j[ A. B. do fwear. That upon the 
 ** Day of {framing the Day the A<^- 
 
 " ion was entrcd) I did not owe nor detain, nor 
 '5 as yet do owe or detain from CD. the Plaintiff" 
 " the Sum of 120 /. nor any part or parcel 
 ^* thereof, in manner and form as tlie Plaintiff 
 *• by hh Bill Original hath fuppofed. So help' 
 *' me God. 
 
 And 
 
in London. 221 
 
 And if the Defendant be a Freeman oi Lcn- 
 ^on, he muft have fix Compurgators, who will 
 fwear. That they belteve in their Confcitncesj that 
 Tvbat the Defemiant J'wears is true : But if the De- 
 fcndant be not a Freeman of London, then Two 
 Compurgators will be fufficient. 
 
 If the Defendant (hall not -think fit to wage 
 his Law, but will put the Vlaintxjf to prove hi* 
 Debt, he muft in fuch Cafe plead that he ows 
 nothing to the Platntif; an ilTuable Plea. And 
 in cafe the Plaintiff fail to prove his Debt, n 
 Verdidtand Judgment will pafs againft him fpr 
 reftitution of the Money, or value of the Good 
 attached and condemned j and if the Plaintiff 
 in the Attachment fhall in fuch cafe be taken in ^^^"^/'^ »J? 
 Execution, and (hall be unable or unwilling to JJ^y jf t^g 
 reftore the iMont^yj his Security or Pledges that plaintiff fail 
 he gave when the Money was condemned, will 
 be compelled to pay the Money ; for the Sure- 
 ties cannot difcharge themfelves by rendringthe 
 Vlamtijf's Body ro Prifon. 
 
 But if the Flai^jtiff^rovQ his Debt, the VerdiA 
 will pafs for the Plaintiff in the Attachment, 
 and then Judgment will be entered for the Debt 
 proved to be due ; and if fo much was not reco- 
 vered upon the Attachment or Sequeftration, 
 the Bail for the Defendant are liable to anfwer, 
 and pay the fame with Cofts, 
 
 Coyi'. 
 
2 22 Attachments 
 
 Cert;$raru 
 
 Concerning Guild-hall, O'c. 
 
 GUtU'HaU has no Jurisdi<5lion to proceec! on 
 a Penal Law, therefore Error of a Judg- 
 ment given in an Information , at the Court 
 of Guild- HaB before the Lord Mayor of London 
 was brought. 
 
 A Queftian was ; Whether it might he retorned 
 here in B. R. or whether it ought to be by a Special 
 CommiJJlon in London , accordivg to their Char- 
 ter? 
 
 But this being Matter concerning the Grown 
 a Certiorari was awarded to remove the Record; 
 which being done , a Writ of Error was 
 -brought , Cora}9i vobis refidet. 
 
 The Error affigned was j Becaufe the Inforr/ja- 
 tion was brought in London, upon the Stat. ^ EL 
 G«; </-f/^ pQj. exercifine aTrade whereto he was not bound 
 on to proceed Apprentice, and lo demanded 40 /. tor every 
 on a Penal Month, and this being a Penal Law, ought not 
 Law. to be fued, but in the King's Courts at IVeflmin' 
 
 fur. 9 Rep. ij. C^o.Jac. 5"$ 8. 
 
 The Cuftom was alledged. There were Two 
 Officers called Bridge-Mafters , and that they 
 Bridgmaders. bave certain Fees and Profits belonging to 
 them ; and the Citizens affembledin the Com- 
 mon Hall yearly chufe or continue thefeBridge- 
 Mafters. And another Cuitom ; If there be 
 Two perfons upon Ele»5lion, he that is chofen 
 by the major number of V^otes is €le<3ed ; and 
 
 that 
 
VI 
 
 London. 22 j 
 
 that if one in fuch Cafe requires the Polls fliall 
 be numbred , the Mayor ought 10 allow them 
 the Polls. 
 
 I I • * r A£llon 
 
 Turner brought his A(ftion on the Cafe againft againft May- 
 Sir Samuel Starlwg, Mayor, for his refufing to or lor refu- 
 number the Polls, and difcharged the Court, fo t"? the^'poirs 
 he loft the Profits. ^," ^Ve eieft! 
 
 Verdict was , pro ,Qucr^ ion of a 
 
 It was moved In Arreft of Judgment, whe- Bndge- 
 thertheAaionLay? Rafter. 
 
 Vaugban, Chief Juftice, was of Opinion, That 
 the Adion lies not , for that no Damage ap- 
 pears. If a Mayor will not elect aBurgefs, or 
 the Sheriff a Knight , no A<ftion lies, becaufe 
 there is no Eiedion. If 20 had ftood, mull 
 each recover the Value of the Place ? He is to 
 be punifiied by Information or Indidment; and 
 though it be averred he v;as chofen by the ma- 
 jor part, yet that cannot be put in iflue, or 
 tryed. 
 
 But the others, WiU, Archer, and Tirrel were 
 for the AAion on the Cafe to be good, though 
 mn cow/?^f whether the Plaintiff fliould have 
 been chofen, yet the Law gives an Adion but 
 forthepoffibiiity of Damage. If IhaveaBeaft- 
 Market, and a Toll for Sale, and one hinders 
 the Beafts from coming thither, mn confiat, whe- 
 ther they fliould be fold j yet for the pofiibili- 
 ty of that, and of the lofs of the Toll, Action 
 lies. An Adion lies as much for injurious pre- 
 venting him of having the Office, as for hin- 
 dring him in the executing of the Office. Judg* 
 ment ^roQuer, 
 
 CujI^m 
 
224 
 
 Cufiom of London of Foreign Attach" 
 ment in the Mayor s Court^ pleaded to 
 aSond. '"^^ 
 
 Defendant prays OjerQf the Bond, Sec. 
 
 y^Uibus Lea' & Audit' Caaio' non,) 
 
 \^ &c. quia dicit quod Civita5 Lend' 
 eft antiqud civitas quodque in ead' civitate ha- 
 bjstur , & a tempore cujus contrarii memoria 
 liominum non exiftit habebatur confuetudo ufi- 
 tat' & approbat', fviz.) Quodfi aliqu-j perfona 
 5i/firmayit verfusaliquam perfonam aliquam bil- 
 iam Original' debit' in Curia dom' Regis nunc 
 vel predeceflbrum fuorum niiper Regum & Re- 
 ginarum Angli«e coram Majore & Alderman- 
 nis, civitat'praed' pro tempore exiden' in Came- 
 ra Guild Hall fcituat'in parochiaSandi Michae- 
 lis Bafifiiavy in Warda Bafifliaw Lond' Secun- 
 dum confuetud' ejufdem civitat' tent' feu te- 
 mend. & ad petitionera perfone in ead' Bill 
 original' quer' nominat' vel ejus Attornat' ibid, 
 pro tempore exiften'virtutebillcoriginarillius per 
 Curiam illam fervien* ad arma,eorund' Majoris 
 & Aldermannorum infra eand' civitat' miniftr' 
 ejufdem Curie pro tempore exiften' precspt' fuit 
 ad fummonend'perfonam in ead' billa nominat* 
 defend' elTend' ad eandem vel prox' curiam 
 dial dom' Regis nunc vel predeceiTorum fuo- 
 rum pra:di6torum in ditSa Camera Guild Hall 
 civitat' prccdid coram Majore & Aldermannis, 
 ejufdem civitat' pro tempore exiften' rent' feu 
 renend' ad refpondend' querent' in eadem billa 
 
 Origi- 
 
in London. 
 
 Originar de & in placitoin eadem Bill Original' 
 fpec.Ec fihujufmodiServicns ad arma acminiftr' 
 Curi^illius adeandem vel ad hujufmodiprox'cu- 
 riamvirtute prsecepti illius coramMajore&Alder- 
 mannis civitatis illius pro tempore exiften' ore 
 tenus retornavit eidem Curis quod perfona in 
 billa Original' defendens nominat' nihil habue- 
 rit infra Libertat* civirac' pr^d. per quod aut 
 ubi fum' potuit nee fuit invent' infra Libertat* 
 civitat' prsed. & d'lds. perfona in dida billa Ori- 
 ginal' defend nominat' ad curiam illam ibid, 
 exad. fecerit defaltam. Et fuper hoc ad eand' 
 curiam teftificat' feu notificat' fit eidem curia? 
 per hu jufmodi.perfonam in eadem billa original* 
 quer' nominat' in propria perfona fua vel per 
 Attornat'fuum ibidem pro tempore exiften.quod 
 aliqua alia perfona fit indebitat' hujufmodi pcr- 
 fonas in tali billa original, defend, nominat. in 
 aliqua denariorum fumma ad fummam debi. in 
 eadem billa original, fpec. aut ad aliquam par- 
 cellam inde & eandem furamam in manibus 8e 
 cuftod. fuis habuit & ab hujufmodi defend, de- 
 tineret quod tunc ad petitionem hujufmodi 
 quer. vel ejus attornat. ibid, pro tempore exiften. 
 curiae pr3:d. fiend, per curiam illam prjeciperetur 
 ore tenus hujufmodi Servien. ad arma & mini- 
 fter.curias illius quod ipfefecundum confuetiid.ci- 
 vitat. prseditft. eundem Deft, in eadem billa ori- 
 ginal, nominat. per fummam illam fie in mani- 
 bus Sc cuftod. hujufmodi alterius perfona; exi- 
 ften. Attach. & quod ipfe fummam illam fie in 
 manibus &cuftod. hujufmodi ak^rius perfongefe- 
 cunda:Ti confuetnd. didat civitatis Attach. Ita 
 quod idem defend, effet ad proximara cariani 
 vel aliquam aliam Curiam ditS.Dom'Regis nunc 
 vel pracdecelforuQi fuorum praedicftorgm coram 
 Majore & Aldermannis^ civitat, praed- pro tem- 
 pQVQ exiften. irs prsdi(5ta am^TSkOmld-Hali eivi- 
 
i6 Attachments 
 
 tat. prsd. fecQndam confuetud* ejufdem civi- 
 tat. tent, feu tenend. ad refpond. eidem quer.de 
 & in placito in bilk original, prad. fpec. & fi 
 idem Servian, ad arma poftea ad hujufmodi prox. 
 curiam vel ad aliquam tiujufmodi aliam curiam 
 ibidem ut prsefertur' rtent. feu tenend.ore tenus 
 retornavit , & certificavit eidem curiae praed. 
 quod ipfe virtute prsecepti illius tal. defend, per 
 fummam illam fie in manibus & cuftod. hujufmo- 
 di akerius perfonas exiften. fecundum confue- 
 tud. di6\x Civitatis Attach. Ita quod idem de- 
 fend, effct tunc ibid, ad eandem curiam ad re- 
 fpond. tali quer. de & in placito in billa origi- 
 nal, praed. fpec. Et fi hujufmodi defend.ad cu- 
 riam illam & ad tres alias Curias ibidem fepera- 
 tim pro & cxtunc fecundum confuetud. civitat, 
 prsd. tenend. (vid.) ad quatuor hujufmodi curi-» 
 asfeperal. ad peticonem hujufmodi Quer. vel ejus 
 Attornat ibid, pro tempore exiften. folempnit. 
 exa«5fc.ibid. non venerit fed defalt. fecerit in eo- 
 dem placito in billa original, praed. fpec. fecun- 
 dum confuetud. civitatis prxd. recordat. forent 
 poft predict, attach, in forma prsd. fad' ipfe 
 quer. in eadem bill, original.nominat. adquamli- 
 bec carund. cur, in propria perfona fua vel per 
 attorn; ibid, pro tempore exiften. comparen. & 
 feipfum offeren' verfus hujufmodi defend' in 
 prsd. placito in Billa original' przd.fpec' fecun- 
 dum confuet'civiratis prsed. tunc ad ultimara cu- 
 riam pra?did:arum quatuor Curiarum vel ad ali- 
 quam aliam curiam poiiprsd. quatuor defalt' re- 
 cordat* ad petitionem perfon^e in did' billa ori- 
 ginal' quer' nominat' vel per ejus tunc attornat* 
 ibid, pro tempore exiften' didse Curia: fiend* 
 praeciperetHr,ore tenus pereand. Curiam hujuf- 
 modi Servien. ad arma quod ipf^ fecundum con- 
 fuetud. ejufdem cnriaj civitar. prsd. quod praj- 
 inon.&: fcire fac hujufmodi alteri perfonx in cu. 
 Jus manu &cuftod\&c. efiend' ad aliam curiam 
 
 did' 
 
in London. 21/ 
 
 di<a' dom' Regis nunc vel prasdeceflbrum fuo- 
 rum prxd. coram Majore & Aldermannis civita- 
 tis prKd. pro tempore exiHea'in prasdid. camera 
 GuildHall ejufdem civitatis fecundum confuetud* 
 didac civitatis ex tunctenend' oftendend' ft quid 
 pro fe haberet, vel dicere fciat quare hujufmo- 
 di quer. in billa original' prsed.nominat. Execu- 
 tionem de prsed. fumma fie ut prxfertur in ma- 
 nibus fuis attach' & defenf. &c. habere non de« 
 6eret. Ad quam curiam fi idem Serviens ad ar- 
 raa retornavitj & teftificavit eid. curiae quod ip- 
 fe virtute prsecepti illius prsemon. & fcire fecit 
 eid. perfonae in cujus manibus & cuftod. &c. ef- 
 fend.ibid. in ead. curia ad oftendend' in forma 
 praed. prout ei prascept' fuit & hujufmodi quer. 
 tunc ibidem comparen' in propria perfona fua 
 vel per Attornat' fuum ad ejus petitionem hu- 
 jufmodi perfona fic praemonit. tunc & ibid, fit fo- 
 lempniter exad. & in propria perfona fua com- 
 paren' & cogn' fe tempore hujus Attach. fad:.ha- 
 buifTe debuilfe atque detenuiflc & ad tunc fe ha- 
 bere debere & detinere a pra;d. perfona in bill' 
 original, defend, nominat. pecunise fummam in 
 manibus fuis fic Attach. Idenique quer. in pro- 
 pria perfona fua vel per Attor. fuum adtunc & 
 ibid.juravit debitum fuumprsed. in tali billa ori- 
 ginal, petit. tunc talis quer. per confuetud' curiae 
 iliius haberet, &atoto tempore fupradid' habe- 
 re confuevit executionem de hujufmodi fumma 
 fic uc [irasfertur Attach' in fatisfadione debiti in 
 tali billa original' fpec' aut tantam parcell' inde 
 quantum ead. fumma fic attachiat' fe extend, per 
 duos plegios ad minus per ipfum quer' in ead. 
 curia inveniend' ad hujufmodi fummam fic at- 
 tach. & in executione habit' reftituend' hujuf- 
 modi defend' fi idem defendens infra unum an- 
 num & unam diem tunc prox.fcquen' fecundum 
 confuetudinem civitat' prsedicfl' ibid, ven'&dif- 
 Q z rsticjoa- 
 
2 8 Jttachments 
 
 rationaverit debitum praed. in praed.billa original 
 content', &c. & quod poft hujufmodi pleg. ia- 
 vent & execution, de hujufmodi fumma fic in 
 manibus & cuftod' hujufmodi alterius perfonae 
 attach' & defens per quer' in ead. billa originar 
 nominat habit' hujufmodi altera peifona in cujus 
 niaau 5c cuftod' d^'c.exonetetur verfus hujufmodi 
 defend, de dida fumma ut prcefertur attach' & 
 unde executionem fic habit & talis defend' in 
 tali billa oiiginal nominat' exoneretur verfus ta- 
 km quer. de tanta fumma debi' fui in tali origi- 
 nal' per ipfum quer petit, tarn diu quam hujuf- 
 modi. judicium & executio' in fuisrobore perma- 
 nerent & efFedlu per talem defend'minime revo- 
 cat'vel difrationat'j& fi hujufmodi denar'fum' fic 
 attach^: defenf &unde executio fic habetur non 
 atting'ad integram' fummam debit' In pried bil- " 
 la origin?.! per talem quer. verfus talem defend* 
 in curia ilia petit' tunc talis guer.per confuetud. 
 curix illius haberetj&atoto tempore fupradid.ha- 
 bere confuevit procelFverfus talem defend'fecun- 
 dumconfuetud'civitatis prncd.prorefiduo fui debiti 
 pr2:d. per ipfum in tali billa original' petit. Et 
 idem H. ulreriusdicit quod prxdida confuetudo 
 & omnes aiiie confuetudines civitat' prad.in ead. 
 civirat' adia ufitat' authoritate Parliamenti dom. 
 Rici. quondiun Regis Anglic fecundi poft con- 
 queftum Anno regni fuifeptimo apud Weftm. in 
 Com. Middlefex tunc Majori & communitati 
 didx civitat' & fuccefforibus fuis ratificat.&con- 
 firm.1t' fuere. Et idem defend, ulterius dicitquod 
 cuidam J. j, de London Mercator ante diem 
 impetr.v.ionis brevis originalis prjefat'W.L.Cfcil.) 
 i8 die M.ir::i anno regni did. dom. Regis nupc ■ 
 vicefimo in propcli perfona fua veo. in Curia 
 cia' dom. Regis nunc coram J S. tunc Majore 
 prrd .civitacis c£ cj^ifdem civitatis tunc Alder- 
 va.in is in pr'cdi^f^.i camera Gmld-Hiiil civitat' 
 
 pricd. 
 
in Lonodn. 220 
 
 praed. fcituat in parochta Sandi Michaelis Bafi- 
 fhaw in Warda de Bafifliaw Lond' prsed fecun- 
 dum confuetud' civitatis pra?d. tenr& adtunc & 
 ibid, in ead. curia per nomen ]J. de Lond' mer- 
 cator* affirmavit quandam billam original' debi* 
 fupra demand' duarum mille Librarum Legalis, 
 f&c) verfus pra?d. W. L. civem & haberdaflier 
 London' cujus quidem billfs originalia tenor fe- 
 quitur in h£c verba, fcil. 
 
 J J. de Lond' Mercator per J. Lj attornat* 
 fuum petit verfus W. L. civem &: Haberdafher 
 de Lond' duas Mille Libras Legalis, &c. quas ei 
 debet & injufte detinet. &c. eo quod 26 die 
 Sept. Anno Dom. 1668. in Paroch. Sandi Sepul' 
 chriLond' didius defend, perquoddam fcriptum 
 fuum obligatorium figillo fuo figiilat. & hie in 
 curia prolat. cujus dat. eft iifdcm die & Anno 
 obligavit fe praefato Querenti in prsed. 2000 /. 
 folvend. eid. quer. quo & quando, &c. prout 
 per idem fcriptum obligatorium plenius liquet 
 quas prsedid. defend, dido quer. nondumfolvic Plec^ges. 
 licet fsepius, &c. ad damnum didi Quer. 200 /. 
 & inde produc. fe(ftam.Et idem J J. tunc & ibid. 
 in ead. curia fecundum conf. civitacis prard. in- 
 venit pleg. ad billam fuam originalem profc- 
 quend. videl. J. Doe & Richardum Roe & tunc 
 & ibid, ponit in loco fuo J. S. Attornat. fuum 
 verfus prcsfat. W. L. in& fuper bill, originalem 
 illam fecundum confuetud. civitatis praed. &c. Et 
 per eundem Attornat. fuum adtunc &: ibid, idem 
 J. J. petiit procelTum ei fuperinde fieri verfus 
 praefat* W. L. fecundum conf. ejufdem civi- 
 tatis & ei tunc ficibid-conceff fuitj&c fuper Procef. 
 quo virtute billae originalis prard, ad petitionem 
 prsed J J. per tunc attornat. fuum przed. fa6t. 
 prsecept.fuic ore tenus tunc & ibid, per Cur. il- 
 lam fecundum conluetud didx civitacis E A. 
 Q ; tunc. 
 
230 Attachments 
 
 tunc SecvienMidorum MajorisSc Aldermannoium, 
 ad aitna ac n)ini(lro cur. prxd. quod ipfe futn. per 
 bonos fummonitores pracd W. — — — — eflend.ad 
 eand. curiam didi dom. Regis cod. 18 die Martii 
 Anno 20 fupradid. coram praefato Majore & Al- 
 dermannis in piaed. camera Guild-Hall civitat. 
 praed. fecundum confuetud. civitat' praed. tent' ad 
 refpond' praefato J. de & in placito in praed. billa 
 rpec. & idem dies dat' fuit adtunc & ibid, per 
 eand. curiam cid. J, in eod. placito, &c, fuper quo 
 poHea, (fci).) ad eandem curiam didi' dom. Regis 
 coram praefat* Majore & Aldermannis in dicfia Ca- 
 mera Guild-Hall 18 die Martii Anno 20 (upradi6t* 
 fecundum confuetud' civitatis ptsd. tent', idem 
 tumServ^iens ad arma ac miniAer Curia? praed. tunc 
 &ibid.ore tenus rerornavit& certificavit cid.Curix 
 quod praed. W, nihil habuit infra Libcrtar. civitat' 
 |)ra2ii<^. per quod aut ubi fum.potuit nee fuit inven- 
 tus infra eand. Libertat' civitat. prasd. Et praed W. 
 adtunc & ibid, ad eandem curiam exadus fuir & 
 non comperuit feddcfaltam fecit, &7. Et fuper hoc 
 poftea ad eand, curiam prard. J. per tunc Attornat. 
 fuum prssd. adtunc Sc ibid, in ead. curia tcttiticavit 
 & notificavit cid. curiae quod praed. dcfcndens per 
 nomen, &c. tunc fuit indebitat' praefato W.in 36 /. 
 & eafdem ^6 L inmanibus & cuRod. fuis tunc 
 habuit & pracfat VV. detinuit, & idem J. adtunc 
 & ibid, per tunc attorn' fuum praeJ. petiitab cadem 
 curia quod per eandem curiam prasciperetur ore te- 
 nus praefato Servienti ad arma & mir.iiiro curia: 
 praed. quod ipfe fecundum conf. civitatis praed, 
 praed. W. per eafdem ^6 1. in manibus & cuftod. 
 ipfius defend.*! ut praefertur tunc exirten' fecun- 
 dam confuet' didJae civitatis atiachiar. & ^uod ipfe 
 fummam illam in manibus & cuttod. ipfius defend' 
 cxiften' fecundum conf. civitat, piaed. defender, 
 ita quod praed. W. (Act ad prox' curiam di^idom. 
 Re^is nunc coram praefato Wajore & Aldermannis, 
 in pra:d. camera Guild-Hall civitat' praed. fecundum 
 
 conlucjf' 
 
Lond( 
 
 m iwOnaon. 
 
 ^l\ 
 
 confuet' clvitatis prasd. tenend'ad refpond* ptzhto 
 J. de & in placito in billa fua orlginar prasd. Tpec, 
 fuperquo adtunc &iDid. ad petitionem cjuidem J. 
 per tunc Aitornat'fum. prsed. eid. curiae ur pra,'t"er- 
 tur fa(^.prjEcept.fuit oretenus perCuriam illampiae- 
 fato tunc Sefvien' ad arma ac miniiko curia? illius 
 quod ipfe fecundum confuet' civitatis prssd. praed. 
 W. per prasd. ^6 U in manibus & culiodiis ipfius 
 defend' cxiften' attach' & ipfe eafdcn:i 3 6 /. in 
 manibus & cuflod. iplius defend' fecundum confa- 
 etud' civitat' pixd. defendei*. Ita quod praed. W. 
 eflet ad proximam curiam did' dom. Regis nunc 
 in pxaed. Camera Guild-Hall civitat' prsed. coram 
 prsfat.Majorc &Alderminnis ip die Martii Anno 
 20 fuprad id' fecundum confuet' civitai* pi aed. te- 
 nend'ad refpond' pisfat' J. de & in placito in billa 
 original' fuapra;didafpec'.£t quod idem tuncSer- 
 vien'ad arma fuperius faceret eid. curiae luac & cer- 
 tificaret, &c. Et idem dies dat' fuit tunc 6c ibid. 
 per eandem curiam praefat' J. in eod, placito. Ad 
 quern diem fell, ad oidam Curiam didi dom' Re. 
 gis coram praefat' tunc Majore & Aldermannis in 
 praedida camera Guild- Hill civitat'prasd. praedido 
 ip° die Martii Anno ^o fupradid' (ecundura confu- 
 et' civitatis praed. tent' praed' J. per tunc attornat' 
 fuum piasd' venit & comparuit, &c. Et prsd' Ser- ^etorq. 
 vien'ad arma tunc 8c ibid, ore tenus retornavit, & ^ 
 certificavit eid' curiae quod ipfe 15? ck Martii Anno 
 20 fupradid' virtute pr$cepti praed' pra?d. W. per 
 praed' 36 /. in manibus & cuftod. ejufdem H. Def* 
 tuuc exiften' fecundum confuetud' civitatis piaed' 
 aitachiaffet & eafdem3d»/. lie in m nibus 5c cuftod' 
 ipfius H. Defend* exitten' fccundun) confuefud' di- 
 de civitat' tunc dcfcndiflct Ita quod idem W. effct 
 tunc ibidem ad eand* curiam ad rcfpondend' praefa- 
 10 J. de & in placito in billa original' fui praed' 
 fpec* prout ei (upciius pi2:ept' fuerat,fuper quo in 
 ead* curia didi dom' Regis coram tunc Majore 3c 
 0.4 ^^-^ 
 
 •u^k- 
 
^3 
 
 Attachments 
 
 Aldermannis in'prGcdidla Camera Guild- Hall dvitat' 
 prasd. i9die MartiiAnno 20. fupradid fecundum 
 confuet' civiutis prsd. tent. prsd. J. per tunc At- 
 torn, fuum op. fe verfus prxfat' W. de & in placi- 
 to in bllla original prasd.lpec. fecundum confuet' 
 civitat' praed. Et prsd,, W.ad petitionem piasd. J. 
 per tunc Attorn' fuum praed. tunc & ibid, fad' ad 
 eandem curiam fokmpniter j6Pia(^us fuit & non 
 comparult fed prlmam tunc 6c ibid, fecit defalt. quge 
 quidem prima defalt. fuper eund. W. ad curiam il- 
 lam in placito in bilia original, piaed. fpec. fecun- 
 dum confuet' civitatis praed' recordat' fuit &c. Et 
 fuper hoc(unc& ibid, fecundum cons' civitat' praed. 
 dies dat' fuit per eandem curiam eid.W. ufque ad 
 prox* curiam did:i dcm' Regis coram prxfato Ma- 
 jore & Aldcrmannis, in praed. camera Guild-hall 
 civitat' prasi', (fcilj 20. die praed. meniis Martii 
 fupradidtj fecundum confuttud' civitatis praed' 6c 
 idem dies tunc & ibid' per Curiam illam dat' fuit 
 praefato J. in cod. placito &c. ad quam quidem 
 prox' curiam dididom'Regi^nunc coram praefat' 
 IVIajore& Aldermannis, in praedi(3:a camera Guild- 
 Hail civitat' praed' praed' 20, die Martii Anno 20, 
 fupradid' fecundum confuctud' civiratis prasd' 
 tent praed' J. per tunc Attornat' fuum comparuit & 
 tunc 6c ibid' in ead' curia op' fe verfus prefat' VV. 
 dedc in prsedi(^o placito in billa original' praed'fpec' 
 fecundum confuet' civitatis praed. & praed. W. ad 
 petitionem praed J. per tunc Attorn' fuum 
 praed. tunc & ibid' fad' tunc oc ibid, in ead' 
 curia lolempnit'exad'fuit & non comparuit fed ad- 
 tunc & ibidem fecundam fecit defiltara qua: qui- 
 dem fecunda defalta iuper eand. W. ad curiam il- 
 lam in placito in billa original' praed. fpec. fecun- 
 dum confuetud' civitatis praed. lecordat* fait, Sec. 
 Et fuper hoc tunc & ibid, fecundum cons' civiiat' 
 praed d'dies ulteriusdat' fuit per e.nd. curiam prae- 
 fato W. u'qiprox.curism dididrm. Rt^is rune co- 
 ram praefat' Majorc & Aldermannis, in prxd. Ca- 
 
 iTiv ra 
 
in London. 
 
 mera GuiH-Hall dvifat'praed,fcil.22 die prsed.men- 
 
 fis Martii Anno 20 fupradic^ fccundum confuetud*. 
 Civic' praed. &c. idem dies tunc & ibid, dat' fuit per 
 eandem Curiam piaefato J, in cod. pUcito, dec, ad 
 quamquidemproxinam curiam di(5l. don»' Regis 
 nunc in cam:ra Guild Hall cjvitat' prsd coram 
 praeUto tunc Vlajore & -Mdermaunis prsd. 22 die 
 Marrii Anno no fupiadic^' (ecuidum confuctud' 
 ptafd tent.prae lid'J.i er tunc attorn t'mum pro^did' 
 comparuit. & tunc & ibid, in cad. curia op' fe ver- 
 (ns fnxht* W.de bcin placito pr^di(^o in billa ori- 
 ginal* p.ed* fpec. lecundum cons' civitat' prsed. Et 
 prsed. W. ad tunc & ibid, ad petitionem praed. J, 
 tunc attotnat. fuunn prseJ. tunc & ibid fadi' in ead* 
 curia folempniter exad:' fuit & non comparuit fed 
 tertiam tunc & ibid, fecit defaU' quse quldem tertia 
 defalta fuper eundem W. ad curiam illam in placi- 
 to in billa original' piasi. fpec' fecundum confue- 
 tud'civitat'praed.recordatum fuit.Et fuper hoc,(&c, 
 ut fupra ufq,* ad quartam defaltam) quge quidem 
 quartadefalcafupcr eand. VV. ad curiam illam, (dec. 
 ut fupra^ record at' fuit. Et idem W. feipfum per ar- 
 tachiamentum forinfecum prasd. lecundum confuet* 
 civiratis praed. Jufticiat* non permilk poft quas 
 quidem quatuor defaltas fic ut praefertur iecundum 
 cons' civitat' praed. in forma praed. fuper prsed. W. 
 recordat' (viz.) ad prasd. curiam didl' dom' Regis 
 r»unc prsed. 24 die Marrii Anno 20, fupradid' cc- 
 ram praefat' tunc Majore & Aldermannis in praed. 
 camera Guild- Hall civitat' praed. ut preferturtent' 
 ad petitiorem prajd. J. per tunc Attornat'fuum 
 prsd. eid' curiae fadt* prsecept' fuit ore tenus per 
 eand' curiam prsefat'tuncServien' ad arma quodip- 
 fe, fecundum confuetud' ejufdem civitat' prsemon* 
 & fctre fac. prsefato H. defend' effcrndiad curiarn di- 
 di' dom' Regis nunc in camera Guild- Hall civitat' 
 prasd' coram prxfat' Majore & Aldermannis 26 
 die prsi. menhs Martii Anno 10 fupradiit, feciin- 
 
 dm 
 
 M5 
 
2 34 Attachments 
 
 cum confuetudinem civitat' prsed' tenend* ad often- 
 dcnd* & demonftrand' fi quid ipfe habcret, autdi- 
 ccre fciret quare prasd' J. executionem dc prsd' 
 36 /. in manibas &Cuftod*iplius H defend' in for- 
 ma prsda' attach* 8c defens', &c habere non debe- 
 ret fecundum confuctud' civitat. praea' &c. & quid 
 idem tunc Servien' ad arma tunc inde faceret eld' 
 tunc curls certiHcaret, 6c idem dies tunc 6c ibid' 
 dat' fuit per eand' curiam eld' J. eflend. ibid. 8cc, 
 Ad quam quidem curiam didi dom' Regis nunc 
 tent'dido 26 dieMartii Anno 20 fupradido coram 
 prjefatotuncMajore8cAIdermannis in praeaidi. ca- 
 mera Guild-Hall civitat. praed. fecundum confuetud* 
 ejufdem civitat* tent, venit praed. J. per tunc ator- 
 natum fuum prsed. & idem tunc Servien* ad arraa 
 jetornavit 6c ccrtificavit eid. curiae quod iplevir- 
 tute prscepti illius fsbi dired. prsmon'Sc fcice fe- 
 cit praelat'H. defend'cfTend. ibid, in cad. Curia eod." 
 26 die Martii prout ei prsceprum fuit fuper quo ad 
 petitionem prsd' J. per tun: Attorn' fuum prsed. 
 tunc 6c ibid, fad' praed. H. pfx monit', 8cc. tunc & 
 ibid.folempnit' exa(3:' in cad' Curia in propria per- 
 fona fua fomparuit Sc cogn' fe tempore attachia- 
 menti pia^d. fad'habulite atq-, dctinuifTe adhuc 
 ^ ibid, habere debere atq; detinere a pracfat' W. 
 praed. 36/. in pecuniis numeratis ilcut praefer- 
 tur in manibus pra;^. H. attach' dc defens', Sec. Su- 
 per quo prded' J. per. Attorn' fuum praed' tunc 6c 
 ibid' in eid' Curia juftum debitum fuum praed' in 
 billa original' praed' peti'' fecundum confuetud* 
 praed' Juravit 8c adfunc 8c ibid' in ead' Curia petit 
 executionem de praed' 36 /. ficut praefertur in ma- 
 nibus Sc cuftod' praei' H. fie attach' 8c defens' Se- 
 cundum confuetud' civitat' praed' fibi adjudicari, 
 8cc. Ideo praed' 26 Die Martii Anno 20 fupradiifto 
 ad eand' curiam tunc 8c ibid' tent' fecundum cons* 
 civitat' pr?:^* Contiderst' fuit per eand' curiam 
 quod prxd' J. haberct Executionem de pried' 36 A 
 
 fie 
 
in London. 235 
 
 fie ut praefertur fuperius Attach' per duos plcgios in 
 cad'curii (ccundum confuet' civitatis praed' per ip- 
 fum J. inveniend' ad r liuuend' prasd' W. cafdem 
 36/. (ic attach' li iple idem W. infra unum annum 
 &; unum menfem tunc prox* fequen' fecundum 
 cons' civitat' prjcd' ibid, venirct & difrationaret de- 
 bitum prsd' in, billa origin. Tprsd. J. content', 
 &c. ac quod idem J. haberet proccffum verfus 
 pracd' W. pro refiduo debiti praed' in billa original' 
 prsd' fpec', &c. Super quo p aed' J. ad curiam illam , 
 coram praefac' M^jore & Aldermannis , In 
 praed' camera Guild-Hall civirat' prasd* piaed* 26 
 Die Martii Anno 20, fupradid' fecundum cons' 
 civitat' pra?did. juxta tenorera judicii praed' inde 
 reddit' & Secundum cons' praed. inven' fufficien' 
 plcgios, f viz J F. H. & E. W. mercatorcs SciiTores 
 cives Lond' ad reftituend' prsefat' W. piasd. 36 /. Execution, 
 fuperius attach' in forma piaed. ti, &c. Et fuper quo 
 adtunc & ibid, in ead. curia praed J. per cons' ejuf- 
 dem curiae habuit executionem de praed ^6 I. fic uc 
 praefertur, &c. fecundum tenorem & demand, judi- 
 cii indc reddit' & fecundum cons' civitat. praed. Et 
 idemj.cognovit tunc 8c ibid. in ead. curia fe fatisfadt. 
 fuiffe, &c. prout coram praefaf, Majore & Alder- 
 mannis in praed. Camera Guild- Hall civitat. piaed. 
 liquet de recordo. Et idem H. defend, diclt quod 
 prasd. 36 /. ad fedara praed. J. J. in formi praed. 
 Attach. & dtfens. & in manibus ipfius H. recupe- 
 rat.& in executionem habit, fecundum cor.fuetud. 
 ejufdcm civitat. & prsed. 36. in Indotfimento 
 fcripti obligatorii praed. fpec. funt un. & eed. 36/. 
 & non aliae neque divers. Et quod prsed. H.in bil- 
 la original. & in attachraento prqed.piaemonit.&no- 
 minat.& piaed. H. H. mercator modo hie in brevi 
 6c narr. praed. defend, nomlnaf. eft una &ead. pcr- 
 fona & n n alia r.eq-, diverfa. Et quod prsed W. 
 L. civis & Hab.rdafiier Lond. in biliaoriginal. praed. 
 ad kd.^in prsBd. J. profecut. ncminat. de'^endens. 
 
 Et 
 
2,2 6 Attachments 
 
 JEt praed. W. L. modo hie in brevi &in narratione 
 fua nominat. quer. eft un. dc ead. perfona, & ron 
 alia neque diverfa : Et quod judicium & executio 
 praed. ad hue in fuo robofe perman. & effedu per 
 praefat. W.minirae rerocat. five difrationat. & hoc 
 idem H. paratus eft verifieare undepet. judicium fi 
 praed* W. L. adionem fuam prsd, inde verfus cum 
 habere feu manutenerc debcat, &c. 
 
 Foreign 
 
m London. 2J7 
 
 Foreign Attachments pleaded in an AEl^ 
 ion on the Cafe , on a Tromife made 
 in the Hands of an Executrix in the 
 Sheriffs Court, 
 
 ET praedid W. A. per R. S. Attornatum fu- 
 um veiiit Scdefendit vim &injuriara quando, 
 &c. Et quoad ultimam promiffionem & affumptio- 
 nem in natratione prxdida fpecih'cat. Idem W. 
 dicit quod non affampfii fuper fe modo & forma 
 prout prxdidi. A. fuperius narrando allegavit & 
 de hocponit fe fup-r patriarnSc prgedidJ. J. fimili- 
 ter, &c. Et quoad prxdic^as quindecim libras in 
 prima promiifione in narrations pracdidt. fpecificat. 
 Idem W. dicit quod prasdidtus J.T Adionecn fuam 
 praedidtam verius eum habere feu manutenere non 
 debet quia quoad feptem libras&: odtodecira folidos 
 parceil. inde idem W. dicit quod ipfe poft promiffio- 
 iiem &affumptinnerapraedidas fadas fcilicetDie & 
 Anno in narratione prxdid. fuperius mentionat' Cufjcn ^f 
 apud. L. prasdid^. in Parochia &Warda pr^.^did-. undonoi 
 folvit prjcfato A Septem Libras & cdtodeiim , Foreign At. 
 Solidos inde parcel, quos quidm 7 /. 18 /.praeaidl. tachments. 
 A. adtunc & ibidem recepit & habuir & hoc para- 
 tus eft verihcare &: quoad Sepfcm Libras &: duos 
 folidos refid. prceiidti quin-iecem hbr. in prxdida 
 prima pjomillijiVw mcntionar. idemWilliclmus dicit 
 quod civitcs Lond. eli 6c a terrpoie cujus contra- 
 rii iii'^inoiia h:minum non exiliu tut antiqua civi- 
 4'J o:Jq-, in c*'2zm civitatehabe:ui oc a tore t:rr.* 
 
 p iC 
 
238 Attachments 
 
 porefupradi^ohabebatur quaedam cur.dic^iDomini 
 Regis nunc 6c praedecefforum fuorum nuper Re- 
 gum & Reginarum Angliae derecoido feperiliter 
 tent, coram (cpeialibusVicecomitibus civitatis pras- 
 di&x pro tempore exiftente de omnibus a(Sionibus 
 debit! & de omnibus aliis adiionibus perfonalibus 
 quibufcunque infra eandemcivitatem emergcntibus 
 qucdque etiam in eadem civitate habetur & a toto 
 tempore rupradi(3:o habebatur qusdam confuetudo 
 liiitat. & approbat. viz quod li aliqua perfona Ic- 
 vavit aKquam quereiam in placito debiti fuper 
 demand'alicujus pecuniae fummse in aliqua curia di- 
 dk\ Domini Regis nuncvel prasdeceiTorum fuorrra 
 tcnta infra civitatem piaedidam coram alteroVice- 
 comite cjufdcm civitat. fecund urn confuetudincm 
 ejufdem civitatis Sc dida periona in hujufmodi 
 querela nominata in eadem. Cur.fecundum confue- 
 tudinem civitatis praedidae invenit plcg. ad profe- 
 quend' eandem quereiam fuam. Ec fi ad petitio- 
 nem didasPcrfonaein eadem querehquer.nominat. 
 aut Attornat. fui prsecept. fuir per hujufmodi Vic. 
 alicui Servien, ad clavam hujulmodi Vic. 8c Mini- 
 ftr. ejufdem Curis fecundum coHfuetud. Civitar. 
 prsd.in placito debiti ad fummonend.perfonam vei 
 pcrfonas in eadem querela defend, nominar. cfiend. 
 in hujufmodi Curia Domini Regis in qua hujufmo- 
 di querela levat. vel afFirnrat.fuit coram hujulmodi 
 Vic. ejufdem civitatis fecundum confuetudinem ci- 
 vitatis p!xdi<fj-. tenend. ad refpondendum eidem 
 quer. in eadem querela rominat.in placito ejufdem 
 querela: & hujufmodi fervien. ad clavam ac mini- 
 lir. Curise illius coram hujufmodi Vic. tent, ad 
 Cur. ill. virtute prarcepti illius retornavit, & 
 cenificavit eidem Curias quod perfona defender, 
 in hujufmodi querela nominat. nihil habet infra li- 
 bertatem rivitati«p<aedi(5a: perquod aut ubi fum- 
 monir.potiiit n^cfuit invent. in eadem civitatiScfu- 
 per hoc in Curia hujufmodiVicecomitis coram hu- 
 jufmodi 
 
in London. 
 
 jufmodi Vicecomite tent' pro querenfe in eadem 
 querela nominat' certificat' & teftificat' fuit quod 
 aliqua alia peifona ratione quacunque elTet indebi- 
 tat. eidemdefendenti in eadem querela nominat' ut 
 executor tefiamenti ejufdem teftatoris in aliqua de- 
 nariorum fumma cxtendend' ad fummam debifi in 
 eadem querela fpecificat' aut ad aliquam parcellam 
 inde & hujufmodi alia perfona eandem fummam m 
 manibus&cuftod. fuis habet ut denar' didi tefta- 
 toris tempore mortis fuse tunc ad petitionem hujuf- 
 modi querentis in eadem querela nominat. velejus 
 Attornati per eandem curiam hujufmodi Servien. 
 ad clavam & minili. Curis? illius prseciperetur 
 quod hujufmodi Serviensad clavam hujufmodi de- 
 tend, in hujufmodi querela nominat. per fum- 
 mam ill. fie in manibus five cufiod.] Hujufmodi 
 aliaeperfonae exiften. attachiaret & fummam illam 
 in manibus fuis defenderet, Ita quod hujufmodi 
 defend, fit ad primam curiam di6ti Domini R.egis 
 coram hujufmodi Vicecomite fecundum confueiu- 
 dinemcivitatis prsedidae tent ad refpondendum hu- 
 jufmodi perfonae in eadem qu^rc^aqujerenfinominat* 
 inplacito hujufmodi querelas fuse&tunc fi hujufmo- 
 di Serviens ad clavam ad hujufmodi primam curi- 
 am coram hujufmod i Vicecomite tentam retornavitj 
 Sccertihcavit quod ipfevirtute prasceptipra?d.praefar. 
 Def.ineadem querela nominat per Summam illamin 
 manibus d'vc cuftod. hujufmodi ali^ perfonas at- 
 tachialfet. Summam illam deferdiifet Ita quod in 
 hujufmodi querela defend nominat. effct ad ean- 
 dem curiam ad refpondcndam hujufmodi querent! 
 in hujufmodi querela nominat. in piacito hujufmo- 
 di querela: Tuas & tunc hujufmodi dt fend, in eadem 
 querela nominat. ad curiam illam & ad tres alias le- 
 perales curias coram hujufm.odi Vicecomite fecun- 
 dum confuctudinem civitatis praediflseextunc proy, 
 fequentes ad petitionem hujufmodi perfora: in hu- 
 jufmodi querela qtier. nominat. vel ejus attornar. 
 
 fo 
 
 239 
 
240 
 
 folempniter exadt. fuit & non venerit fed defal- 
 tam (celt hujufmodi perfona quer. in hujufmodi 
 querela nominat.adquamlibethujufmodi cur.in pro- 
 pria perfona fui vel per attornatum fuumcomparens 
 ita qucd quituor dcfalt. fuper hujufmodi de- 
 fend, ad quatuor cur. ill. in placito querele illius 
 recordat. funt poft attachiamentum in forma 
 praedidta fa6t' & fi tunc ad ultimam eandemcur. 
 prseceptum fuit per eandem cur. alicui Servient! 
 ad clavam & miniftro ejufdem curix quod fcire 
 faceret hujufmodi alias pcrfon^incujus manibus& 
 cuftod. hujufmodi Summa attachiat' ac defens' 
 fuiffet eiTend' ad primam curiam Domini Regis 
 coram hujufmodi Vicccomite ejufdem civiracis 
 fecundum confuetudinetn ejufdem civitatis te- 
 nend. ad oftendendum fi quid ipfe haberet vel 
 dicerc fciretquare hujufmodi quer.in querela ilia 
 nominat' executionsm ds Summa ilia fie in ma- 
 nibus 8c cuftod. fuis attach^t' & defens' verfus 
 eum habere non deberet, & i'l idem Serviensad 
 clavam sdpriraam curiam illam coram hujufmo- 
 di Vicecomite tentam retornavit & ceriificavit, 
 quod ipfe fecundum confuetudinem civitatis prse- 
 di(5ls;pra£monuiiret & fcire fecilTet hujufoiodi aL 
 perfon.ad eilend. ibidem ad curiam prou: ci prac- 
 cept' fuilfet&: tunc fi hujufmodi alia perfona in 
 eadem cur. folempnicerexad' ad eandem curiam, 
 non comparuic fed defalc' fecit & fi tunc gonfi- 
 derat'fuit per eandem curiam coram hujufmodi 
 Vicecomite tent.fecundum confuetudinem civita- 
 tis illius quod hujufmodi quer' in eadem querela 
 nominat' habeat executionem de eadem fumma 
 in manibus & cuftod. huJLfmodi alioe perfonce ut 
 prsefertur arrachiar. & defens' in plenarn Iblucio- 
 nem debiti in querela ilia fpeciftcat. aut tant' 
 pirtis — r- five parceil' inds quant' fumma fie at- 
 tachiqc' 6c deft rss'extendertta hujufmodi quer' in 
 hijja^iiodi querela nomin c' invenica' di impo- 
 
 n«n' 
 
in London. 241 
 
 nenTufHcientesmanucapt. five pleg.in eadem curia 
 coram hujuimedi Vic. tenta ad reftituend' hujuf- 
 mo^i Dcf. inhujufniodi querela nominat. hujurmo- 
 di fummam in manibus & cuftod. humoi. alix per- 
 fonae fie attachiaf & defens* (i iple huiultnodi de- 
 fend, in hujufmodi querela nominat' infra unun:i 
 annum & unum diem prox. poft judicium He uc 
 praefcrturreddit'kcundum confuetudinem civitatis 
 pra2cii(^' venit in humoi. cur. hujufmodi Vk.dc 
 ibidem invenit fufficientes manucaptores ad placi- 
 tand. cum hujufmodi queretite in eadem querela 
 nominat. in placito hujufmodi quereJa; fus&de- 
 bicum prasdid^um per hujufmodi querentem per 
 qucrelam p^asdidam verfus humoi. defend, pecir. 
 Scdifprobavit & difrationavit aut fe a debito illo 
 ullo modo exoneravit fecund um confuetudinem ci- 
 vitatis pra^dids licattachiaf. 3c defeiis' quod tunc 
 poft hujufmodi fecuritatem invent' pro executione 
 fumme illius in manibus &: cu[lod'i!.aIterius perfo- 
 ne attachiatSc defens'pro hujufmodiquier.in eadtra 
 querela nominar. habit'hujufmodi alia perfona exo- 
 ncrat. tuit verfus defendentem in querela ilia no- 
 minat. da tanta denariorum fumma debiti lui in 
 cadem querela petit .quant, didr. fumma fie attachi- 
 at' 6c dcfens. fecundum confuetudinem ejufdem ci- 
 vitatis & executio inde habita attingeret tarn diu 
 qaam hujufmodi judic. & executio in fuo robore 
 p^rmaneret dc effedu. Et ulterius. idem W. dicic 
 quod did* confuetudo & omnes alia; confuetudi- 
 nes civitatis praedidse uiitat.authoritatePailiamenti 
 dom'Flici.nuper Regis Angliaj fecund! poll conque- 
 ftum Angliae ipud VVeltm. Anno flegni fui feptimo 
 tent* tunc Mi) Hi & commup.itati civitatis prsedi- 
 drasSc fucccffaim''. fuis ratiH',at' &conhrmif' fue- ^pHi'-mif'oa 
 runt quodque diu >Mire iaiperranouern bilffe p^'S /•„ . /« 
 didaeprcedicJaA.M.io vita fua ind Hicaf'fuifTetcui- ofParlla- 
 dam H. C. incenrun librisSc fie in indebicat'exi- mem. 
 lien' idem A.M poltc & amc t xhibitionem billaepiae- 
 didae prsiid, J. apud Lund' pra^did. vidclt. i^ p*- 
 
242 Attachments 
 
 lochia hc^tx Marine cle arcubj in warda de cheap 
 condidit telhmentum & al i nam vo'untatcm fua 
 in fcTiptisSc per eandem conliituit praedi^SumJ.T. 
 Executorcm reftamentifuiprcdic^i &poitea ibidem 
 obiit& qu< d p flea fcilicetdie mercutii quinto de- 
 cimo d e Jaii Anoo Begni Domini Garoli fecundi 
 nunc Regis Angliae fexto decimo in curfa difti Do- 
 mini Regis tenia coram Rico. Ford Milite Aldcr- 
 manno adruncuno Vicecomitum civitatis predidx 
 in computatotio fuo fcituat in Parocliia fandae 
 Mil-^rtd & Viiglnis in pulletra didae civitatis venit 
 H. T. in propria perfona adtunc& ibid fecundum 
 confuetudincm ejufdtm civitatis 8c levavit quan- 
 dam querelam fuam i placito debi.fupra demand. 
 cearum Librarum verfas prjefatumj T.modo quer. 
 per nomen J. T, execatoris Tefiamenti prefat. A. 
 defund. cujus quidem querela! tenor Itquitur in 
 haec verba. ' 
 
 fT. J. T. executor Teftam^ti A. M.defundJ. fum. 
 fuit verfus H. C. in placito debiti fupra demand, 
 centum libr. & fupra hoc adtunc & ibid, in ead:m 
 turia fecundum confuetudincm civitati<; praed. di(^- 
 us H. C. invenit. pleg. de profequcnd* qufrclam 
 fuam praedidam fie ut pjaefertur verfus praefatum 
 J T. Executorem, &c. levat. fcilicef. J. D. & J. 
 F. & fuperinde didus J. C. petiit procefTum fibi 
 fieri in & fuper querelam fuam pr«didam verfus J. 
 T. executor. &c. fecundum confuerudinem civita- 
 tis prardidx aborani tempore praedido, &c. fuper 
 quo adtunc & ibidem fecundum confuetudmem 
 didje civitatis ad petitionem praefat. H. C. praecept. 
 fuit per R. F. Militem Aldermannum adtunc 
 unumVicecomitem didse civitatis cuidam J. S. tunc 
 Scrvien. ad Cl=ivam d\£ti R F. Milins Alderman, 
 ad tuTic unius Vicecomitum did. civitatis ac illius 
 < cur. m:n;lir. quod ipfe fecundum confuetudincm 
 
 ; dida: civitatis fummoniret praedidum J. T. Exe- 
 cutor, 
 
in London. 
 
 cutor. &c. ad eflend'ad Cuiiam di&i Domini Re- 
 gis coram praefato R. F. Milite Aldermanno ad- 
 tunc uno Vicecomitum di«^e Civicatis in Guild-HiU 
 dids civitatsfcituat.in Paroch. Sandi Lawrencii in 
 veteri Judaifmoeju'demCivitat' die Jovis decimo 
 Sexto die Junii Anno decimo Sexto prxd;dto ie- 
 cundum a)nfuetud. didlge civitaris tenend. ad re- 
 fpondend* prsefat. H. G. in placito querelas fuse prae- 
 diiSze fecund uro confuerud. Civitaris prseiidtsea 
 tototempore praedidio ufitat. Ef qud idem J. S, 
 unus fervientium ad Clavam dicii R. F. Militij 
 Aldermanni adtuiic Vicecomicis fuperinde facere: 
 ad didlamCunam di(3:iDominiR.egis coram prasta- 
 to R. F. Mdite Alderman adtunc uno Vicecomi- 
 tum di(5t3ecivitatis in computatorio praeaidlo eodem 
 Die Mercurii decimo quinto Die Junii Anno de- 
 cimo fexto praedid:o fecundam confueud' di^s. 
 civitatis,d''f. tenend' retornaret & certificaret, &c. 
 Cujus quidem piacccpti pisetextu prasdidtus J. Sa 
 unus Servien. ad Clavam didi R. F. Militis Al- 
 derman, adtunc unius Viceccmitum didse civitac, 
 ac illius Curia; Minifter ad d'c^am Curiam didi 
 Domini Regis in Computatorio eodem Die Mercu- 
 rii decimo quinto Die Junii Anno decimo fexio 
 fupradido coram prasfato R. F. Milite Aderman. 
 ac uno Vicecomitum didae Civirat', &c. tunc tent" 
 retornavit & Cfrtificavit car. prsed. quod J. T. 
 Executor nihil habuit infra Liberraf. Civitat. pix- 
 didac per quod aut ubipotuit ipfum praetatum J. 
 fummonere, &c. Supra quo poftea fcilicet ad ean- 
 dem Curiam dididom. Regis coram prefato R. F. 
 Milit' Aldermanno adtunc uno Vicecomit' didix 
 civitat* in Computatorio, fao prsedjdo eodem Die 
 Mercurii de.im > qiinto Die Junii Anno decimo 
 fexto praedid:* fccunHam conluetud' d d£ civitat. 
 tunc tentam pr^^id' H. C. teltirica(ur ^ ccrtiticac 
 eidcm Cur. cidi dcm.Regis coram praeraro R.F^ 
 Mih:: Alderman' adiunc uno Vicecomii' dida: ci- 
 
 ^43 
 
244 > Attachments 
 
 vtfat in Compufatoiio fuopr2s''(fto eodem Die 
 JMercurii Anno dtcimo fcxto fup.ad.6io fecundum 
 confuctud. dida? civitatis tunc rcnf. quod quidam 
 W. /^. adtunc def uit praefato J. T. Executor, d^c. 
 qujrdecin Libi in manibus alius perlcr.ae & al* pe- 
 eun' numerat. ut de d nariis qultuer. ipfiiis A. M. 
 Tcft itor. tennpore nnortis (viae propr. tunc habuit in 
 manibus & culkd. fuis. Et quia praedidus H. C. 
 adtm c & iUcctii petiit ab eadim. Cu.ia qucd 
 praed d. J.T. ExevUtor, &c, pzt p.aeJid. quinde- 
 cim Libr. inpctun numerar. lie inmanufii cuftod. 
 pra^fafi. W. A. exilicn. iecun' coniuetud' Civitit' 
 prasdid* attach}.^rctur ad rcfponden' ptje'ar" B. C. 
 in pljcifoquewlasriae p'sedid' €^'c. adtunc &ib;d. 
 ad peiitior^m piaefaii H. (- in Conrpurarorio prse- 
 ddofcdinci Die Meicum d-cirr,o quinto Die juni 
 Anno dtcinio ftxfo praed do coram p sfato R. F, 
 Wilir. A'dcnanno sdunc uno Viceci mitum Ci- 
 vjtaf. p'xdidae piKiato J. S. uno Servitn' adCh- 
 van) d di R- F. .Viil. Aldejnrsn.adtuncunius Vice- 
 ccmitunri didfic Civirat. ac illius Cvux Miniftro 
 quod i^fe Iccurdum confuetud' Civiuf. pia^didc 
 atfacliisrct prsedidum J. T. exccutorcm, &c, per 
 piardid' quindccim Libr. in mmibus & cuftod' 
 pjaetat' VV.A. cxiften. & eafdem quindccim Libr. 
 in manibus & cuOod' ejufdem W. A. fecundum 
 confuerudineni civitatis pixdi&x defend' ita quod 
 idem. J.T. Executor, c^c. cfTct ad dfdamcuriom 
 didi Domini Regis coram piaefato Rico Ford Mi- 
 lite Aldermanno adtunc uno Viceconnit. civitatis 
 praedidsin <rT«i///-i>/;?/?prgedid. dido Die jovis dc- 
 cimo fextoDie JuniiAnno decimo fexto praedido 
 re«.undum confuetudintmdide civitatis tentnd. ad 
 reljponHendum prsfat. H. C. in placito querelas fuse 
 piacd id fecundum conl'uetudinem civiratis prxd, 
 & qurd idem Johan. Stubbs unus Servitntium ad 
 CUvarrd'd.Rici. Ford NJilitis Aldcrir^arini adrunc 
 uiiius V^icecomitum d;d.s civitatis ac illius Curiae 
 
 minifir. 
 
in London. 245 
 
 minlftr. interim fuperindc faceretcidem curia: didl. 
 Domini Regis coram praefato Rico Ford Milite & 
 Aldermanno adtunc uno Viceccmitum di<3:e civi- 
 tatis in computatoriofuo eodem Die Mercuriideci- 
 mo quinto Die Junii Anno decinno fexto fupradi- 
 d^o »ecundLJnicon(uitudinemdi(3:' civitatis rcnend* 
 retornaret & certiHcaret, &c, fuper quo idem Jo- 
 hannes Stubbs unus Servien. ad Clavam did. Rici. 
 Ford Miliris & Aldcrmanni adtunc unius Viceco- 
 mitum dide civitatis ac illius Curiae miniftr. poftea 
 coderti Die Mercurii decimo quinto Die Junii Anno 
 decimo fexto pras'{i(^o retornavit & certiricavic 
 eidem Curias cidi dom' Regis coram praetato R. 
 F. Milite & Aldermanno adtunc uno Vicecomitum 
 di^se Civitatis in computatorio fuo p^xM^o eo- 
 dem Die Mercurii decimo quinto Die Junii Anno 
 decimo fexto fupr ad idto fecund umonfuttud mem 
 did:e civitatis tunc tent, quod ipfe virtute pr^cepti 
 pracdidi fibi dired. eodem Die Mercurii decimo 
 quinto Die Junii Anno decimo fexto pjaed ft. inter 
 horas odavam & nonam port meridiem ejufdem Attachment 
 diei Junii fecundum confuetudincm di(5te civita'is made forMo- 
 attachialTet prariid J.T.Executortm.^c per prsedi- "^y *? ^"?' 
 flasquinddcim libr. in pecuniis numeratis ut denar. ^ "^ ' **" * 
 pracdid. A, M. Ttrtitoris propr. in manu prsfat* 
 W. A. exiften. & eafdero quindecim libr. in manu 
 & curtod' ejutdem W. A. fecundum confuTtudf- 
 nem ejuf^sm dvitaiis defendiflfct, Ita quod didus J. 
 T. excCutor^ c^'. effct ad didsm primam curiam 
 didi Domini Regis coram pr« ato R. F. v^ilire 3c 
 Aldermanno adtunc unoVicecomicumdide civitatis 
 in Cmld'hall praedid* dido Die jovis decicno fexto 
 die Junii Anno decimo fcxfo fupraidd'^ecundum 
 confuetudinem civitatis pised. tenend' ad refpond. 
 prdcfat. H. C. in placito querclse fus predidas fe- 
 cundum confuetuJinem civitatis pra^dide , &c. 
 prout cifueratprsccpt* & idem Diesdat. e'ttunc 
 be ibidem per eandem curiam prsfato. H. C. elTeii. 
 R 3 SDidem, 
 
2^6 
 
 Attachments 
 
 ibidem, e^^cfecundum confuetudinemdii^. civitatis, 
 &c. ad quam quidem primara curiam di6ki Dotn. 
 Regis coram piae^ato Rico. Ford Milite & Alder- 
 manno adtunc uno Vicecomit. dide civitatis in 
 Gwld-Hill pisd.di^to Die jovis decimo fexto Die 
 Junii ifinno decimo texto praeditSo fecundum con- 
 tuetudinem di<5tae civitatis tunc tent, prsedidus H. 
 _. . .>- C in propria perfona fua comperuit & pofuit loco 
 makes' hisAt- ^"^ ^' ^- attornatum fuum verfus praefat. J. T. in 
 totney. placlto querelas fua praedide fecundum confuetudi- 
 
 nem civitatis praediifte & per eundem R. B. attor- 
 natum fuum optulit fe verfus prsefat. J. T. cxecuto- 
 lera, &c. in placito quercle fuaepraedi(5le fecundum 
 confaeJudinem civitatis praedi<9;e & fuperinde ad. 
 tunc & ibidem ad illam eandem curiam ad petitio- 
 nem piaefat. H. C. per R. B. attornatumfuum prae- 
 di(Slum eidem curias inde fa<ft' didt, J. T. executor^ 
 &c. folcmpniter exa<ii' faitfecundum confuetudi- 
 FlrftDsfauIc. *^^^" di<5tas civitat* & non comperuit (td, primam 
 tuncod ibidem fecit defaltaniquasquidem prima de- 
 falta tu.'ic & ibid, pereandemcur. fecundum confu. 
 dide civitat. fuper prasd J.T. recordat', fuit Ideo 
 Dies ulterius dat'eft tunc <5c ibidem per eandem cur. 
 piaefat 'y. T. executori, e^c. adeffend. ad prox. cu- 
 riam coram prefato Rico. Ford Milite & Alder- 
 manno adtunc uno Vicecomir. di<f^e civitatis in 
 Gwld-Hall prjedidoDie Sabati decimo octavo Die 
 Junii Anno decimo fexto prasdi<fto fecundum con- 
 iuetudinem dicSse civitatis tenend. ad refpondend. 
 praeldt. H. C. in placito querelcfuaeDra;di<5te fecun- 
 dum confuetudinem ejUfdemcivitati=, &c, & idem 
 dies dat. ell tunc & ibidem per eandem curiam tunc 
 Ibidem piasfato H.C. effend. ibidem, &c. fecun- 
 dum conmet. ejufdem Civitat, ad qusm quidem 
 piimam curiam didi Domini Regis coram pisetato. 
 Rico. Ford. Milite & Aldermar.no adtunc uno Vi. 
 cecomif. civita'is piasd. in Gudd-llilt p^sed 6\^o 
 Die Sabbati decimo odavo Die Junii Anno decimo 
 
 fcxro 
 
in London. 2 47 
 
 (exto prsdiAo fecund um confuetudinciri dicle civ{. 
 tatis, &c. tunc tent, p aed. H. C per pised d R. 
 B. attornatumfuum ccnnperuit & op'ulit k vcifus 
 prsefafura J. T. cxecutorem, &c in placito quere- 
 las fuae pracdidsE ffcundum confuctudincm civifatis 
 praedidae& tunc ibidem ad illam eandtm curiam 
 ad petitionem pisfati H, C. per eundtm R. B. at- 
 t^rnatum fuum eidem curiae inde f^Stiva didus J. 
 T. executor, dec. folempnitur exadus fuit & non 
 comperuit fed fecundam tunc ibid^mfccit dcfaltam 
 quas quidem fecunda defalta tunc & ibidem per Second De- 
 candem curiam lecundum confuetudinem civitatis ^^"^f- 
 prsdi6kc fuper didum J. T. recordata fuit, &c. 
 Ideo dies datus eit tunc & ibidem per eandcm'curi. 
 am praetato J. T. exccutori, &c. ufque ad piiraam 
 curiam didi Domini Regis coram prjefato Rico. 
 Ford Milite Aldermannoadtunc uno Vicecomitum 
 dide civitat. in Guild-Hall p sdid. die Jovis victii- 
 mo tertio die Junii Anno decimo fexto prsedido 
 fecundum confuetud' dide civitit &c. tenend. ad 
 refpondend. praefato H. C, in placito queiele fua: 
 pradide fecundum confueiud. civitat' piaedide&c. 
 & idem dies datus e^ tunc 8c ibidem per eandem 
 curiam prsfat. H C. ad clfcnd. ibidem, &c, fe- 
 cundum confuetudinero dide civifatis, &c. ad quam 
 quidem primam curiam didi Domini Regis coram 
 pra:fato Rico. Ford Milite 8c Aldermanno ad rune 
 uno Vicecomitum civitatis plraedide in Cudd-Hall 
 pra?did. dido Die jovis vicellmo tertio Die Junii 
 Anno decimo fexto praedid. fecundum aonfueiudi- 
 ncm dide civitatis, &c. tunc tentam prsedid. H.C. 
 per R. B. Attornatumfuum piaeoiidum fecundum 
 conluetudinem civitatis ptaedid. comperuit 6coptu- 
 lit (e verfus praefatum J. T. executorem 6cc. in pla- 
 cito queiela; fua: pja^dide fecundum confuetucinem 
 civitatis praedide, &c. 6c tunc 3c ibidim sd iliam 
 ea^deTD curiam ad petitionem piaefati H. C. per 
 R 4 cui.dcin 
 
248 Attachments 
 
 eandcm R. B. attoinatum fuum cidem curiae indc 
 fi^am fecundum confuetudinem di^e civitatis 
 praedid J.T. executor, &c.folempniter cxaft. fuitfic 
 non compemit fed tertiam tunc & ibidem fecit de- 
 faltamquac quidem tertiadefalta tunc & ibid, per 
 eandem Curiam fecundum confuetudinem civitatis 
 praedictsfuperdidum J.T recordat'fuit, &c. Idco 
 Dies dat' eit tunc & ibid, per eandcm cuiiam prse- 
 fato J. T. executori, §cc. ufque ad prfmam curiam 
 didi Domini Regis coram prsefato R. Ford Milite 
 6c Aldermanno adtunc uno Vicecomitum didas ci- 
 vitatis in Guild-Hail pisediA. Die Sabbati vicetimo 
 quinto Die Junii Anno decimo fexto praedidlo fe- 
 cundum contuetudinem didae civit^ &c. tenend' ad 
 refpnndendum prsefar. H.C. in placito querela fuae 
 prjcdiifte fecundum confuetudinem civitatis prsd'Sc 
 idem Diesdat' el} tunc & ibid, per eandem Curiam 
 pisefato H. C ciTend' ibid. 8cc. Secundum confue- 
 tudinem dide civitatis,6cc.ad quam quidem primam 
 curiam didi Domini Regis coram prsefato Rico.Ford 
 Milite & Aldermanno adtunc uno Vic. didx civita- 
 tis in G;^«7/i- Hi// praedid. dido Die Sabbati vicefi- 
 moquimo Die Junii Anno decimo fexto pisedido 
 fecundum confuetudinem civitads pi;*edid:2e , 
 &c. tent' pijedid. H. C. per R. B attorna- 
 tum fuum pricdidum fecundum coniuetudi- 
 rem civitatis praedi^ecomperuit & optulit fe ver. 
 fus prcefat. J. T. exccutorem, &c. in placito que- 
 rela? fuse prsdida: fecundum confuetud' civitat' 
 pisedid. Et tunc & ibidem ad illam eandem curi- 
 am ad petitioncm ejufdem H. C. per cundem Pv.B. 
 Attornat. fuum eidem.Curifie fadam prsdidus J. 
 T. Executor, &c. fecundum confuetudinem civi- 
 tat. pisedids (bk mpnirer exad'fuit be non compe- 
 ruit (ed quartam adtunc 8c ibid*defaltam fecit. v^uae 
 quidem quart, defalt.tunc & ibid' per eandem cur. 
 fecund, confuetud. civitat. prsdide (uper didum. 
 
 T.J. 
 
in London. ^49 
 
 J. T. Exccutorem, &c. recordat. fuit,poft quam 
 qutdeon quaitam detaltam fie ut prcefertur luper 
 di<ftam J. T. ante recordatam virtute que- 
 relje prjedidac fcilicet ad curiam didi Dom. no- 
 ftri Caroli Secundi nunc Regis Anglic , &c. 
 Tunc tent, coram praefato R. F. Militc & 
 Aldermannoadtunc unoVicecomitum didae civitat. 
 in Guild-Hall praedica' Die jovis tricefimoDie Junii 
 Anno decimo Texto praed' fecund, ccnfuetud. civi- Fourth Dc- 
 taf. prsdift' prasd. H. C. per R. B. Attornat. '*^'^- 
 fuum prffid. fecund, confuetud. civitat. praed. com, 
 peruit & per eundem Attornat. petiit proceflC fibi 
 fieri in & fupsr querelam fuam praed. Secundum 
 confuetuiinem clvitatis prasd' & ei tunc & ibidem 
 per eandem curiam cooceditur, &c. Et ad iihm 
 eandem curiam didi domini Regis Caroli Secundi 
 nunc Anglias, &c. tent* in Guild- Hall civitatisLW* 
 coram proefato R. F. Milite dc Aldermanno uno Vi- 
 cecomitum civitatis praed. Die jovis praed' tricefi- 
 mo Die Junii Anno Regni did:i Domini Regis nunc 
 Anglise, Sec decimo (exto pr^d, (praed. quatuor 
 Defalt, fecund um confuetudinem clvitatis prsed, 
 fic ut praefertur recordat')pr£cept'fuit per eandem 
 curiam praefato J, S. uno Setvien* ad Clavam di^. 
 Vicecom. ac minilhoGurigsillius quod ipfe fecun- 
 dum coniuetudincm civitatis praed. prsemoneret & 
 Scire fic.piaefat.W.A.ad effend' ad piimam curiam 
 6\dii Domini Regis coram praefato Vicecomitc in 
 Cmld-Hail praed. Die Sabbati fecundo Die Julii 
 Anno fuprad. tencnd'ad oftend. & demonftrand' 3^7^'^'*^ 
 fi quid pro fe hebeat vel dicere fciat quare pr,£d* th/part '** 
 H. C. de praed' quindecim libris in pecun. numera- whofe hands 
 tisut de denariis di<fti telUtoiis propriis in manibus the Moneys 
 & cuftod' ptsd' W. A. exiftend' prius attach', 5c =*'«• 
 defens' executionem habere non deberet fi fibi vi- 
 derit expedite. Ad quam quidcm primam curiam 
 idem Seiviens ad clavam retornavit 6c eidcm cur. 
 
 cer- 
 
250 Attachments 
 
 certificavit quod ipfe fecund urn confuetud. civif. 
 prsd' praemonuiffet & Scire feciflfet praefaf. W. A. 
 ad elTend. ad eandcm primam curiam didii Domini 
 Regis coram praefato R F. Milite & Aldermanno 
 adtunc uno Vicecomitum didas civitat. in Gttild- 
 Hall praed. di<^o Die Sabbati Cecundo Die Julii 
 Anno decimo fexto pracd. tecundum confuetud. 
 dide civitatis praed' tenend' & rune & ibid' ad il- 
 1am eandem cur' coram prefai' R F. Major. & Al- 
 dermanno adtunc uno Vic' d 6t* civit' in Guild' 
 Scire Faciastt' jy^// predid' die Sabbati fecu.ido die Julii anno 
 turne . igoo. predid* fecundum confuetudincm did:* 
 
 civitatis tunc tentam didus H, C. per R. B. 
 attornatum fuum prsed. fecundum confuetud. civit, 
 praed.comperuit&runc&lbid'ad ejus petit'per eun. 
 demAttornat.ruumeid'curisfaCtamprsd'W.A.prs- 
 mon' inAitach. iolcmTiiter exad.tuit &tunc & ibid, 
 in propria peiibpa comperuit & potuit loco fuo J. 
 B. Attornat fuum verfus prasfatum H. C in placi- 
 to querelx fuae prasd. fecundjjm confuetud. civit, 
 praed. & Attach piaed', dec. Et tunc 8c ibid, idem 
 W. A. per eundem Attornat. fuum petit licentiam 
 TheGarnlftice inter loquendi ufque ad pnmam curiam didti Dom. 
 makes an At- Regis coram praefat. R.F. Milite & Alderman, ad- 
 tornyj ^^^^ ^^^ Vicecom. didae civitat. in Guild HjU 
 
 prsd, die jovis feptimo die Julii Anno decimo fex- 
 to prasd. lecundum confuetudincm civit. praed. te- 
 nend. idem dies dat' ell tunc & ibid, per ean- 
 dem curiam partibus praed. ad eflfend' ibid. &c. fe- 
 cundum conluetudinem didecivitatis.Ad quam qui- 
 dem primam curiam di<5ti Domini Regis coram 
 praefat Kico. Ford Milire & Aldermanno adtunc 
 uno Vicecomitum didx civitatis in GuiU- 
 Hall prsed. prafd. Die jovis Septimo Die Julii An- 
 no decimo fexro pry^d. fecundum confuetud. ci- 
 vitatis pr^d. tunc tentam pr^d H. C. per R. B. 
 Attornatum fuum comperuic & optulit fe 
 verfui prjefat. W. A pracQiOn. in Attachiamen- 
 
 to 
 
in: London. 251 
 
 to praed. in placito quercle praed. & attach, 
 prsd. fecundum confuetud. Civitatis praed',c^c. 
 & tunc & ibid. prxd. W. A. prsmon. in at- 
 tach, pracd. per J. B. attornat. fuum pracd. 
 comperuit & in propria perfonafua venit& cog- 
 novit fe habere in manibus fuis Septem libras &: 
 duosfoiidos cogn. ut denar. didi teftatoris ideo 
 ad tunc & ibid, ad iilam eandem curiam ad pe- 
 titionem prefati H. C. per Attornat. fuum 
 praed.eidem Curiae indc fadam fecundum con- 
 iuetudinem dide Civitatis confiderat. fuit per 
 eandem curiam quod praed. H. C. haberet exe- 
 cutionem de praed. Sept. libris & duobus folidis 
 per pleg. fi modo prsd J.T. Exec, per conf Civit. 
 praed. veniret & inveniret fufficientem fecurita- 
 tem fivemanucaptor'adplacitandum cumpraefat. 
 H- C. in placito querela fuae praed. vel debitura 
 prxd. difprobaret & difrationaret infra unum 
 annum & unum diem fecundum confuetud.Ci- 
 vk.pvxd.&c; fuper quo poftea fcil.ad curiam di- 
 di Dom. Regis coram prasfat. R. F. Milite & 
 Aldermanno adcunc uno Vicecomitum Didac 
 Civitatis in Computatorio fuo prjediA' Die 
 Sabbati nono Die Julii Anno decimo fexto 
 prsed. fecundum confuerud. 6idx Civitat. &c. 
 tunc tent, venlt prcd' H. C. in propr. perfon' 
 fua 6c ad tunc & ibid, invenic fuSicientes 
 nianucaptor. Scmcinucapcefl: perS. B. de Burch- 
 in-Lane Salelman & H. C de Finch Lane Tai- 
 lowchand!er Cives civitatis praed. ad reddend'Sc 
 reftituend' p'"a:d. Septem libras & duos fclidos 
 in pecuniis nutneratis pra:br.J, T. executor'jC^c. ^5^;,^ _ 
 (imodo ipfe J. T. infra unum annum & unum nor? found 
 diem prox' fequend.venirecSc inveniret fufficisn ^v fhe Piai, 
 tes manucaptores vel corpus prifona:; didi Dom. ^^^• 
 Regi= redd.TCtpp.rat'ad plitand. cum prcpTat. li. 
 C. in pi.^.cito quere's fus; pro^d. fecundum con 
 fuc:ud dicle civic. £i dsbituiTs prxd dirprjbarer 
 
252 
 
 The Sheriff 
 ceniovefl. 
 
 Sati$fa£tion 
 
 acknowledg- 
 
 ed. 
 
 Attachments 
 
 & dirationaret aut fe a debito praed. in querela 
 praed.mentionac. fecundum confuetud. Civitat. 
 praed. exoneraret fuper quo poftea fcil. vieefimo 
 Octavo Die Septembris Anno decimo fexto 
 prsd. in GutU-Hall prsed. fecundum confuetud. 
 Civitat. praed. didus R. F. Miles & Aldermaii. 
 ad tunc unus Vicecomitum dide Civic, fecun- 
 dum confuetudinem did:3e civitatis legittime 
 amotus fuic & tunc & ibid. fcil. eod. vieefimo 
 oftavo Die Septembris Anno dectmo fexto fu- 
 pradido in Guild-hall praed. fecundum confuet. 
 civitatis praed. G. F. Aldermannus legittime ele- 
 d:us praefedus admiffus S<, juratus fuic in officio 
 unius Vicecom. dide civitat. in loco praed. R. F. 
 Milit. Alderman, nuper unius Vicecomit. ejuf- 
 dcm civitatis fecundum confuetud. dlAc civitat. 
 pro uno Anno integro tunc profcquend' fecun- 
 dum confuetud ejufdem civitatis fuper quo po- 
 ftea fcil. ad Curiam didli Dom. Regis coram 
 prasfat. G. F. Aldermannomodo uno Vicecomi- 
 tum di<5te civitatis in computatorio fuo fcituaf. in 
 parochia dida fcil. Die veneris vieefimo feptimo 
 Diejanuarii Anno decimo fexto praed fecundum 
 confuetud.civitar. pr^d.tunc tent, didus H.C.in 
 propria perfona fuavenitineandem Curiam tunc 
 & ibid. tent.& cognovit fe habuiffe executionem 
 de praed' feptcm libris 8c duobus folidis in pccu- 
 nils numeratis ut de denariis prjefat. A. in vita 
 fua teftatoris propriis in manibus & cuftod, prae- 
 fat.W. A. prius in manibus fuis attach' & defens' 
 & de eifdem feptem libris & duobus folidis fe 
 fore f lene fatisfad:. & contentat', &c. prout per 
 Record, inde in eadera Curia remanen. plenius 
 liquet & apparec, &c. cum hoc quod idem W. 
 A. verificare yult quod praedidlus J. T. in narra- 
 tione pra^d. qui modo quer. fit nominat. & praed. 
 J. T. in querela & attich. prasd. nominat, eft 
 una & eadeni perfona & non alia neque diverfa 
 
 qaodq; 
 
in London. 25} 
 
 quodq; pred. A. in narratione pred. nominat. & 
 pred. A. M. in querela pred. nominal' eft una 
 &eademperfona 6c non alia neq.diverfa quodq; 
 pred' W. A • in querela & attachiam' pred" nomi- Avtrment. 
 nat' & pred W.A. qui modo fit Defendens eft 
 una & eadem perfona & non alia neque diverfa 
 quod; pred. Summa feptem librarum &:duoruni 
 folidorum fuperius primo mentionat' parcel' 
 pred' quindecern librarum in pred' prima pro- 
 miffione in narratione pred' fuperius mentionat' 
 & pred' fumma Septem librarum & duorum fo- 
 lidorum in manibus & cuftcdia ipfius W. A. fie 
 ut prefertur atrachi.it' & defens' denar' pred. A. 
 M. defund:* eft una & eadem fumma & non 
 alia neque diverfa &qucd executio & Judicium 
 pred' ad tunc & ad hue in fuis robore & effe<^, 
 propr' roanet & pred' debitum in pred' querela 
 fpecificat' per eundem J. T. minime difrationa- 
 tum & difprobatum exiliit que omnia idem W, 
 A. paratus eft verificare prout curia hie, &c. un- 
 de petit Judiciumfi pred' J. actionem fuam pred. 
 inde verfus eum habere feu manutenere debear, 
 
 Lord 
 
2 54 Lord Mayors Couyt 
 
 Farther concerning the Lord Mayors s 
 Court. 
 
 TT is the Cuftom of LonJon , that the refpedl- 
 Juriesretorn- ^^^ Juries to try Caufes in this Court and the 
 ed to try Sheriffs, (hall be retorned by the feveral Wards 
 Caufes in the Jn the City of London at their Wardmote In- 
 LordMay. qygfts cvQty Cbrifimas, which they conftantly 
 do, by an Indenture under their Hands and 
 Seals: In which Indenture they alfo return the 
 Names of the Common- Councel-Men, Con- 
 ftables , and Scavengers ; and the particular 
 Wards appointed to ferve as Jury-Men for eve- 
 ry Month, are divided as followeth : 
 
 The Jury-Men returned by 
 
 CJUgate p Serve for the 
 
 ThsV/airds of < Port foken > Month of 
 
 ^ CornbtU j January. 
 
 The Ward of Cheaf for February, 
 
 CBafijhav^^ . ^. 2 for 
 
 The Ward of '<Cripplce;ate withm > ,, , 
 /r- 1 . • \ \ march' 
 ( Crtpplegate without J 
 
 The Ward of 
 
 for 
 
 April, 
 
 The 
 
in London^ 
 
 M5 
 
 The Ward 
 
 .1 
 
 Tower 
 BilUngfgate 
 
 for May, 
 
 The Wards of F^mWtw without for J«»ff. 
 The Ward of Bridge for July, 
 
 C Alder [gate O 
 The Wards of < Coleman ^reet > for Augufl, 
 (Broadfireet j 
 
 r Farrindon 
 The Wards of < within, j 
 
 C Oy? /^- baj/ftard^ 
 
 CQueenhitb 
 The Wards of < Do-wgate 
 C Walbrooke 
 
 TheWards of 
 
 The Wards of 
 
 'Lafjgborfjf 
 
 Lime-fireet 
 
 ) Candle'wick 
 'Cordweyner 
 ) Bijljoplgate 
 
 for Sep. 
 
 for OMer. 
 
 for Niw. 
 
 for Veeemb. 
 
 When the Names are return'd by the feveral 
 Wards , the Town-Clerk writes them into a 
 Book , and gives the Officers of this Court a 
 Copy thereof^ and alfo gives a Copy to the Of- 
 ficers of the Sheriffs Court, the fame Jury ferving 
 for both Courts. 
 
 And the perfons fo retorned, and no others, 
 muft fervc as Jurj-Men in this Court and the She- 
 riffs Court, except in feme fpecial C^fes where 
 the Court ft all order a Jury of Merchants , and 
 
256 Lord Mayor s Court 
 
 JflryofMer-in fuch Cafe the Town-Clerk retorns their 
 
 chants. Names. 
 
 Of the Lord'-Mayors Court of Chari' 
 eery. 
 
 THIS Court is alfo a Court of Equity or 
 Chancery , for any Matters within Lon^ion 
 and the Liberties thereof, and the Recorder for 
 the time being, ufually fits as Judge or Chancel- 
 lor to determine fuch Matters. 
 
 The manner of exhibiting a Bill in this Court 
 is thus : Firft it muil be drawn and llgned by 
 Summons, one of the four City Council, whofe Fee for 
 perufing and Signing thereof is 6 /. 8 </. then it 
 muft be ingrolTed and entred in Court, and one 
 of the Officers belonging to this Court muft 
 give the Defendant a Summons perfonally within 
 the Liberties of London to anfwer fuch Bill, 
 otherwifs he is not obliged to a|>pear. The 
 Charge of drawing the Bill is 4 d. for every 
 Sheet, and 6 </. a Sheet for ingiofling thereof, 
 and for the entering it in Court 2 j. and for the 
 Attorney's Fees "j, s. ^ d. 
 
 If an A(5tion{hall be depending in thisCcurt, 
 
 and the party Defendant cannot be relieved hut 
 
 If upon i" Equity, in fuch cafe he may exhibit his Bill 
 
 Action de- againft the Plaintiff in the Adion, and che en- 
 
 pciiding. fring the Bill in Court is a good Injundion to ftay 
 
 xhQP amtif^ Proceedings at Law, without any 
 
 motion 
 
in London. 2j7 
 
 motion, until the P/<««/# (hall give in his An- 
 fwer thereto. 
 
 And Note, That when the Bill is to be relie- Nq Sa^j 
 ?ed againft an Aiftion at Law, the Plaintiff in motis. 
 the Bill fliali not ift compell'd to give the Plain- 
 tiff at Law any Summons to make anfwertothe 
 Bill; but if Affidavit fliall be made, Tbat iht • 
 Plaintiff at Law "was i o o Adiles fi-om London at 
 the time of the exhibiting the Bill ; then upon mo- 
 tion to the Court, the Plaintiff at Law fliall and 
 may proceed to Tryal potwithflanding the 5/^, 
 but Judgment and Execution muft f^ay 'till the 
 Plaintiff' at Law anfwer the Bill, or the Court 
 ihali make an Order to the contrary. If an 
 Acftion at. Law fliall be commenced in the She^ 
 riffs Court, the Defendant muft caufe the Action 
 to be removed into this Court, before he can ^'^'^^ "PJ^ 
 ftaythe P/^i«fifs Proceedings at Law, by exhi- sheriffs court' 
 biting a Bill as aforefaid ; and if the Plaintiff at 
 Law anfwer the Btll, the Plaintiff in Equity may 
 in eight Days after the Avfiver put in Exceptions 
 to the Anfwer ; but if the Anfwer fhall be full, ^„r»^^ 
 and the Plainptff- in Equity cannot prove the 
 Matters in his Bill fuggefted, the Plaintiff' at Law 
 fliall recover all his Cofts againft the Plaintiff in 
 Equity. 
 
 Note, ihat where a Bill is exhibited, and no AS! in 
 at Law defending, the Defendant hath 8 Court 
 Days given him to answer the Bill after his Ap- ^jl,^^^}°^^ 
 fearance ;- and if he does not anfwer the Bill in pending. 
 that time, the plaintiff in Equity may have an 
 
 _ Attachment again [l him, for which the Fee is is, 
 6 d, and the Officer s Fee for jervwg thereof js 
 al',o 2 /. 6 d. which Fees the Defendant mftfi fay 
 whtn he gives m hts Anfwer^ 
 
 ^ AFtef 
 
258 
 
 ftepHcation 
 and l^xamina- 
 tion of Wit- 
 aefles. 
 
 Publication 
 ifor heating. 
 
 Decree. 
 
 Service of 
 
 Decree. 
 
 Lord Mayors Court 
 
 After Anfwer the Plaintiff may reply general- 
 ly or fpecially, and may examine Witneffes (in 
 like manner as is done in the High Coart of 
 Chancery) to prove the Equity of his Bill ; and 
 within a Month after Replication , may bring 
 his Caufe to a Hearing. T<|e Town- Clerk or 
 his Deputy is appointed to examine all Witnef- 
 fes on both fides ; and his Fee for fwearing and 
 examining every Witnefs is 2 5. 4 </. and for 
 the Copies of the Depejitiom 4 d. per Sheet ; but 
 for the Copies, e contra j his Fee is 8 d. per 
 Sheet. 
 
 The Town -Clerk's Fees for every Order for 
 publication or hearing of any Caufe, is but 6 d. 
 and for an Order at hearing but i s. but if the 
 Decree be drawn up and InroUed, his Fee is 
 10 d. pir Sheet, and for the Copy ^d. per 
 Sheet. After a Decree made , the Plaintiff 
 muft ferve the Defendant with a Copy 
 thereof perfonally, and make Affidavit thereof, 
 before an Attachment will be granted againft the 
 Defendant, 
 
 The Plaintiff may ferve the Defendant with a 
 Copy of the Decree in any place whatfoever, 
 although out of the Liberties of London. 
 
 A Bill may be removed out of this Court in- 
 fl;7/temoved. to the High Court of Chancery any time before 
 publication is palTed, after which time the high 
 Court of Chancer) will not retain the Caufe. 
 
 The mnner The manner of removing a Bill out of this 
 
 of removing Court is thus : Firft, The Defendant muft file a 
 
 the S://into J3in in the High Court of Chancery againft the 
 
 the High rlainttff' in this Court, and then muft at the Re- 
 
 try gider bOffice givtBond to prove the buggsliicns 
 
 ' ' in 
 
in London, ijp 
 
 in his Bill within fourteen Days, and procure 
 Certificate that his Bill is filed, and fecurity gi" 
 ven as aforefaid, and then petition the Lord 
 Chancellor for a Certiorari to remove the Bill » 
 
 out of this Court : And when the Petition isan- 
 fwer'd by his Lordfliip. the Clerk in Chancery 
 will make the Certiorari, which muft be deliver- 
 ed to theTown-Clerk, and he will allow it, for ^ 
 which his Fee is 2 /. and then the Attorney for ' 
 the Defendant in this Court will certifie the Bill, 
 Anfwer, and Proceedings into the High Court 
 oi •Chancery , for which his Fee is 10 d. per 
 Sheet. 
 
 If Exceptions fliall be put in to an Anfwer in ^. , 
 
 this Court (and aCaufe'at Law depending be- ^hirCourt!' 
 tween the Parties) the Vlatnt'iff in Equity muft 
 the next Court move for a Day to argue thofe 
 Exceptions , otherwife they are overmled In 
 courfe. 
 
 If the Defendant in Equity demur or plead to 
 the Plaintiffs Bill, he muft the next Court after p^^^ ^^ ^^ 
 the Demurrer or Plea is entred, move for an mumr. 
 Order to argue fuchDemurrer orPle.^, other wife 
 the fame will be overruled in- courfe, and the 
 Defendant will be compelled to give an An- 
 fwer. 
 
 When a Freeman's Apprentice is legally dif- 
 charged from his Mafter, his proper way to re- Eqtiity (ot 
 cover part of the Money which his Mafter re- ^°^^y '^, 
 ceived with him as Apprentice,is to exhibit aBill ro^n /ipprgn^ 
 in this Court againft his Mafter ; but if the Ap- tics, 
 prentice hath ferved five Years, ornear that time, 
 this Court will not relieve him, in ordering any 
 Money to be returned, unlefs there bs rsry e5Ctra-» 
 ordinary caufg, 
 
 5 ^ ^' A 
 
260 Lord Mayors Court 
 
 A Freeman's Widow by a Bill in this Court, 
 FreemansWI- may recover her caftomary part of her Huf- 
 dows may band's Eftate, againft the Executo/ of her Huf- 
 cXma?" band ; but if the Executor live out of the Liber- 
 pgjj^ ties of London y Hie will be compelled to exhibit 
 
 her Bill in the High Court of C-6tf«cer;'. 
 
 If a Flaintiff in Equity (hall be advifed not to 
 Hearing up- examine any Witnefs, he may go to a hearing 
 on Bill and upon the Bill and anfwer, within fourteen days 
 ^nfmer. aftej Anfwer. 
 
 • If any perfon exhibit a Bill in this Court, 
 
 whofe Habitation fhall be out of the Liberties 
 
 Security giv- of London, this Court upon a motion will or- 
 
 en by an Out. der the PUmriff togivc Security by Bond to pay 
 
 dweller. ^^^ Defendant's Cofts, in cafe the Bill (hall hap- 
 
 p^ to be difmi(^,or in default thereof will dif- 
 
 mi(s the Bill ; and untill fuch Security be given, 
 
 the Court will not compel the Defendant to give 
 
 any Anfwer to the Bill. 
 
 After Anfwer given to 'a Bill in this Court, if 
 the Vlamtiff do not give in Exceptions in Eight 
 Billdifmifs'd. Days, the Court upon motion will order the £/i5f 
 to be difmift, unlefs the Tlainti]} do reply in a 
 Weeks time : For which Order the Fee is 6 d, 
 and in cafe the Btll happen to be difmift, the 
 Fee for drawing up the Dt[miJfion is 6 /. 8 d. 
 which will be allowed to the Defendant in the 
 ^ Cofts. 
 
 Th< 
 
m 
 
 London!^ 261 
 
 The Form or beginning of a Bill 
 in this Courc is thus ; 
 
 To the Right Honourahk Sir A. B. Knight, Lord 
 Mayor of the City of hondon 3 and to his Rtght 
 fVorjhifful Brethren^ the Aldermen of the fame 
 City, 
 
 " TN all Humility complaining, fheweth unto 
 " 1. yourLordftlip and Worfliips, your Daily 
 " Orator, C. D. &c. Or humby complaining, 
 *' fheweth, &c. 
 
 The Conclujion thus : 
 
 " May it therefore pleafe your Lordfhip and 
 " Worfliips, out of your accuftoraed Goodnefs, 
 " to caufe the faid E. F. to be warned 
 *' by one of your Lordfhip's and Worfliips Ser- 
 *' jeants at Mace , and Minifters of this Ho- 
 ** nourable Court, perfonally to be and appear 
 " in the fame Court at a Day certain, to be 
 '* by your Lordftiip and Worfliips to him there- 
 " unto prefixed, then and there to make anfwer 
 " unto all and lingular the Premifes upon his 
 " Corporal Oath : And that he may be en- 
 " joined to ftand unto, perform, and abide fuch 
 " Order and Decree in the Premifles, as to your 
 *' Lordfliip and Worfliips , upon hearing the 
 " Caufe, fliall feem meet. 
 
 S } Of 
 
2(52 Lord Mayors Court 
 
 Of the Court of Guild-Hail , and Ju- 
 ftice-Hall as to IndiBments. 
 
 IN an Action on the Cafe for Falfe Indift- 
 mentjthePlaintiff faith, one T, caus'dhim to 
 be indidled Sept. iztb. at the Guild-Hall in Lon- 
 don, for Perjury, upon the Stat, of j El. and to 
 be arraigned at J ufl ice-Hall in the Old-Bailj 
 Sep. i%th. and that he was acquitted upon the 
 fame Indidment refident at Gmld-Hall. 
 
 Exc. I. He does not [ajy he was indiBed at the 
 Quarter Stjfions as the Statute exprejjetb, and the 
 JuBkes in London hold SeJJions every Month. 
 
 R. It'.s otber'wife here, inafmuch as it is a Special 
 Authority at a certain time : 
 
 In London thty hold their Seffions of the Peace 
 at Guild-Hall, and for Goal Delivery at the Ju- 
 fiice-Hall the next Day after ; and their Entrys 
 are feveral. In London they arc Juftices of the 
 Peace by Charter, and not by CcSmmiflionj as 
 in others^ which Cuftom is not to be broken. 
 
 The indidment was at Guild- Hall, and the 
 Party is fuppofed to be arraigned atJufhce-Hall, 
 and the tJfage is fo, and it is not but an Ad- 
 journment froni Guild- Hall to jufi ice- Hall to 
 lome purprfe; and it is the fame Cle(k that re- 
 moves the Indi<5tment. And when H R. fen</s for 
 ths Indidlmenr, they wy'hq to thQ Gu- Id- Hall ior 
 
 sl Thing 
 
in London. 263 
 
 a Thing in London i and #o the Clerk 
 of the Crown in Middkfex for a Thing 
 in Middkfex: And it's reafon that Fe- 
 lonys done in Middkfex , fhould ^ be try- 
 ed in London, acccyrding to the Cuftom 
 and Wage which muft not be changed : 
 For Jufiice-Hall is within London, and not 
 in Middkfex. Valmer 45, Taykr^ Gafe* 
 
 S 4 THE 
 
1 6a. The Sheriffs Courts 
 
 THE 
 
 SHERIFFS 
 
 COURTS 
 
 In L k V N. 
 
 ■JL J 
 
 ACH Sheriff holds a Court of Record 
 in Guild'Hall, 'viz,, every Wednesday and 
 Friday f for Anions entred at thQ Wood- 
 fir eet Compter, and every Thurfday and 
 Saturday for Anions entered at the Toultry 
 tcmfter. 
 There are Eight Attorneys belonging to thefe 
 Attorneys. Courts, who of right ought to have three Fees 
 in every Caufe that is orfhall be brought to Tri- 
 al J viz,, a Fee for the Appearance, a Feeatlf- 
 fue, and a Fee upon Summons for Trial : But 
 if the Caufe fhall be furijmoned more than 
 once , he is to have a Fee upon every Sum- 
 monst 
 
 Note, That an Attormfs^QQm this Court is 
 I 1. ^ d. and no mors. 
 
 ■■ . ■ • ^■ 
 
in London. • , i6j 
 
 The Attorneys of thefe Courts are admitted 
 by the Court of Aldermen , and thereupon 
 muft takeanO«ri&. 
 
 There are Two Prothonatories, TwoSecon- prethonotaries. 
 daries, Two Clerks of the Papers, and Eight 
 Clerk-fitters belonging to thefe Courts. 
 
 The Secondaries all(^w and return all Writs secondaries 
 brought to remove Caufeii out of thefe 
 Courts. 
 
 The Clerks of the Papers file and copy all De- clerks of the 
 clarations upon Anions in thefe Courts. Paper. 
 
 The Prothonatories do draw and ingrofs all 
 fuch Declarations. 
 
 The Clerk-fitters enter Anions and Attach- 
 ments, and take Bails and VerdiBs. CUrk-fitters. 
 
 The Attorneys have not the cuftody of any 
 Record belonging to thefe Courts j their bufinefs 
 is only to take their Fees due to them in every 
 Caufe, and to give their Clients notice of De- 
 clarations and Irials, and to advife them when 
 and what to plead. • 
 
 All Subpoena's for Witneflfes to appear in thele 
 Courts, are made by the Clerks belonging to 
 the Judges of thefe Courts. 
 
 See after for the Tables of Fees. 
 
 The 
 
2 66 The Sheriffs Courts 
 
 The Fees for a Trial in thefe Courts 
 are faid to he as follows. 
 
 The Aaion- 
 
 .0—4 
 
 The Arreft. —-^ .. .1^0 
 
 The Declaration if General — , i— '4 
 
 The Court Fees hereon .-■ mp-. 8 
 
 0—4 
 
 — -4— o 
 
 The Dektuv' 
 
 The Iffue and Attourney's Fee 
 The Summons of the Jury and Attor-7 ^ 
 ney'sFee ;- — -J^"" 
 
 The Subpoena — — — 
 
 The Councel well deferve 
 
 The Juries Verdid — 
 
 The Judgment * 
 
 The Execution 
 
 If the Decltration be Special, the Pro- 
 thonatories Fee for every Sheet draw- 
 ing and ingroffing is ... 
 
 The Defendant's Fees for a Trial, 
 
 s. d. 
 
 The Attorney's Fee for Appearance, and ") 
 
 the Court Fees .. J-2--6 
 
 The Copy of the l)eclaration — 4 </. per Sheet. 
 
 The Iffue and Attorney's Fee——-- . ^ 8 
 
 Attorney's Fee upon the Summons-*— — -i— -8 
 
 After a Verdi(5l obtained in either of thefe 
 Courts, and before Judgment entred, the De- 
 
 ■f^ndan 
 
in 
 
 London. 2(5/ 
 
 fendant may ftop Judgment, by marking the Judgment 
 Caufe before the Lord Mayor, for time to pay^^^y*^* • 
 the Money recovered ; which he may do by 
 fpeaking to an Attorney in the Mayor's Court, 
 and giving him 4 ^. 10 </. for that pur- 
 pofe. 
 
 My Lord Mayor fits only upon Saturday to Marked Cau- 
 hear mark'd Gaufes ; and if upon hearing both fes. 
 Parties, it Ihall appear to his Lordlhip that the 
 Plaintiff obtained a Verdict for more than his 
 juft Debt, hisLordfhip may remit the Caufe to 
 Judgment for the juft Debt only, and give fuch 
 cime to pay the fame as he (hall think reafona- 
 ble : But his Lordfliip always orders the Defen- 
 dant to give good Security to pay the Recovery 
 at fuch times as his Lordfliip dire^s, and, to pay 
 the Cofts in fourteen Days. 
 
 The Attorneys in the Mayor's Court always 
 move for time, although the Verdid was in 
 the Sheriffs Court , and his Fee for mov- 
 ing is J s. 8 J. 
 
 The Plaintiff muft pay for his Lordfliip's Or- 
 der, and entering it 2 j. 10 J. 
 
 Which Charges will be allowed to the Plain- 
 tiff upon taxing of Cofts. 
 
 In thefe Courts may be tried Adionsof Debt, ^mcm in the 
 Cafe, Trefpafs, Accompt and Covenants brok- Sheriffs 
 en ; as alfo Attachments and ^equeft^ations, as Court. 
 before obferved. 
 
 If either party (hall have a Wirnefs that can- 
 not ftay in London till the day of Trial, his Te- WirnefTss ex- 
 ftimonymay be taken in Writing, whicltwill be a™ned. 
 allowed as good Evidence. 
 
 The 
 
268 The Sheriffs Courts 
 
 The method for examining fuch Witnefs is 
 thus/: Firfl, his Name and place of abode muft 
 be delivered in Writing to the adverfc Attorney ; 
 and then he muft be examined and fworn by 
 the Eldeft Attorney in the Lord Mayors Court, 
 whofe Fee for the Examination and Copy 
 is 3 s. 4^. 
 
 After the Examination the adverfe Attorney 
 may have a Copy thereof, for which he muft 
 pay 2 /, 
 
 The Two Eldeft Clerks in thefe Courts for 
 ,the Time being , are Attorneys of the Pye-pow- 
 4er Court held during the firft three Days of 
 Bartholomew Fair, for the examining and try- 
 ing all Suits brought for Petty Matters and Of- 
 fences there committed , contrary to the Pro- 
 clamation hereafter mentioned. 
 
 Which Proclamation the Lord Mayor and 
 Aldermen do annually caufe to be made for 
 the better regulating the faid fair. 
 
 Th( 
 
in London. x^p 
 
 The Tenour of the Proclamation 
 made on. Bartholomew Eve in the 
 After Noon , at the Great Gate 
 going into the Cloth Fair, Smith- 
 Field. 
 
 " T^ H E Right Honourable Sir A. B. 
 *' X Knight, Lord Mayor of the City of 
 " London , and his Right Wor/Lipful Bre- 
 " thren the Aldermen of the faid City , 
 ** ftreightly charge and command , on the 
 " behalf of our Sovereign Lord the King ; 
 *' That all manner of perfons of whatfoe- 
 " ver Eftate , Degree, or Condition they 
 " be , having rccourfe to this Fair , keep 
 ** the Peace of our faid Sovereign Lt)rd the 
 " King. 
 
 *' That no manner of Perfons make any 
 " Congregation , Conventicles, or Affrays, by 
 ** the which the fame Peace may be broken or 
 *' difturbed, upon pain of Imprifonment, and 
 " Tine to be made after the difcretion of the 
 " Lord Mayor and Aldermen. 
 
 Alfo that all mannei; of Sellers of Wine , 
 Ale, or Beer, fell by Meafures enfealed, as 
 by Gallon , Pottle, C^uart , and Pint, upon 
 pain thac will fall thereof. 
 
 /nd 
 
 
 I 
 
270 The Sheriffs Courts 
 
 <( 
 
 " And that no perfon fell any Bread, but if 
 it kgep the Affize, and that it be good and 
 
 *' wholfome for Man's Body , upon pain that 
 
 ", will fall thereof. 
 
 " And that no manner of Cook, Pye-baker, 
 " nor Huckfter, fell, nor put to fale,any man- 
 " ner of Visual, but it be good and wholfome 
 "for. Man's Body, upon pain that will fall 
 " thereof 
 
 ** And that no manner of perfon buy nor 
 " fell , but with true Weights and Meafures, 
 ** fealed according to the Statute in that 
 *' behalf made , upon pain that will fall 
 *.* thereof 
 
 * * And that no manner of Perfon or Perfons 
 *' take upon him or them within this Fair , 
 " to make any *manner of Arreft , Attach- 
 "ment. Summons , 6r Execution , but if it 
 " be dope by the Officers of this City there- 
 " unto afltgned , upon pain that will fall 
 " thereof. 
 
 
 " And that no Perfon or Perfons whatfoe- 
 ver, within the Limits and Bounds of this 
 Fair, prefume to break theLord's.Day in fel- 
 ling, /hewing, or offering to fale, or in buy. 
 " ing, or offering to buy , any Commodities 
 " whatfoever, or in fitting , tipling, or drink- 
 *' ing in any Tavern , Inn , Alehoufe , Tip- 
 " ling-houfe, or Cooks-houfe, or in doing any 
 *' other Thing that may tend to the breach 
 *' thereof upon the Pain and Penalties contain- 
 " ed in feveral ^Bs of Varliament, wiiich will 
 " be feverely infilled npon the breakers thereof. 
 
 AnJ 
 
in London. 271 
 
 " And finally. That what Perfons foever find 
 " thcmfelves aggriev'd, injured, or wronged by 
 "any manner oFPerfon in this Fair, that they 
 *'.come with their Plaints before the Stewards 
 " in this Fair, affigned to hear and determine 
 '' Pleas, and they will minifter to all Parties Ju- 
 " ftice according to the Laws of this Land, and 
 " the Cuftoms of this City. 
 
 Concerning Jrrejis , Trocefs , Trial , 
 Judgment , Execution in London. 
 
 AGainft the General Words in an JB of 
 Parliament, 2 /w/?. 20. a Goalcr in Lcfj. 
 don may permit his Prifoner that is in Execution Ef"Pe- 
 to go at large with aBattoon in any place with- 
 jn their Jurifdiaion, and it is no Efcape, the 
 Cuftom being fo: Quo Warranto, p. 30. 
 
 By the Cuftom o^ London after one has arrefted 
 the Goods of his Debtor in his pofTeflion, and 
 without claim for a Year, they fhall be taken 
 for the Creditors Duty, 35 H. 6. 2 j. 
 
 Arrefts 'tvithout Trocefs, 
 
 IT is a Cuftom in London to arreft a M<»n 
 without Procefs ; or it is a Cufiom there 
 ior any Serjeant to arreft after a Piainc entred 
 
 in 
 
172, The Sherijfs Courts 
 
 in any of the Courts of the Compters, 9 Coi 68. 
 a, 3 Cro» Salmon and PercivaL 
 
 Arrefting for better Security , vUe ant. 
 
 One was condemned in the Sheriffs Court ia 
 One taken ^°^^<^^ for Debt, and taken in Execution, and 
 in Execution ^ft^r by an Habeas Corfus the Execution with 
 in Low^ff«,and Other Caufes were retorned ; whereupon he 
 removed by a vj^^s committed to the Murfhal in Execution for 
 Z^n^p^'H^ that Debt, and other his Executions in B. R. 
 be commit- ^^^ ^^^ ^" the Executions in the Kmg s Bench 
 ted there in werc difcharged ; and the Judgment in London 
 Execution for reverfed by a 0rit of Error in the HuHtngs : The 
 Ind Stb* ^''^ffon was, HoTV be jhonld be difcharged of thts 
 difcharged Execution ? For the King's Bench has no Record of 
 an Charges the Execution, but by the retorn of the Habe- 
 in B. R. (hill as Corpus ; and of the reverfal of the Judgment 
 be remanded, jj^gy j^^y^ j^p ^^ Record, but only what is fur- 
 raifed : Therefore the Coutt remitted him to 
 London for that Caufe, and there he was dif 
 charged. Cro. Car. 12S. CufacksCz^Q. 
 
 Other Cujloms of London as to Officer Sy 
 'Courts^ Trocefs, and ^rifons^ 6cc. 
 
 ^T OT E , That both the Sheriffs of London 
 ^ are in Law but one Sheriff , and the one 
 is not of London, and the oih^r of A:f id die fex, as 
 is vulgarly fuppoled , Hob. p. 70. Lawb anc| 
 IViJeman. 
 
 And the Sheriff of Lovidon is known in Law 
 to be two perfons : therefore if one Sherff of 
 London mak'i his Retcjn wiihou5 his Fdlow this 
 
 can-' 
 
in London. * ^73 
 
 cannot be holpen by Jeofail, it being as no Re- 
 torn at all , or a Retorn without the Sheriffs 
 Name fublcribed: And London had no Sheriffs in 
 the ijfi&of £^. I. I Leon. iS^- 
 
 In London the Mayor and-Comminalty have 
 the Office of Sheriff of London and Middle/ tx^ 
 and Two Sheriffs are yeaily chofcn , 3 Rep. 
 fVeBh/s Cafe. 
 
 In the Exchetfuer the Cafe was fuch : 
 
 A Man was arraigned and condemned of Felo- 
 ny, and was imprifon'd in Nevjgate, at the GQa^ 
 Delivery {ov Middkfex, and after a Writ of Ex- ATelon in 
 ecution for Debt iffues againff him out of the fj^^^\^^^ 
 Exchequer upon a Recovery there againft the j^^jj^x, if 
 party (the Felon) directed to the Sheriffs of Execution 
 London, who Jerve the Execution upon the Bo- for Debc 
 dy of the Prifoner in Newgate , aid afcer the 1"'',"?. !^"", 
 Felon was pardoned of the Ftlory, it was new to rhe'srerlfT 
 a Quefiion , Whether the Execution were law- r.fz!o7.'^'o«,it*s 
 ful ? and i^ it were, then whether the FardonUl 
 had not difcharged it ? 
 
 1. By all the Barons, the Execution ftrved hy the 
 Sheriffs 0/ London by force of a Caprias dircBed Ejiemr'on 
 
 to the Sheriff' of London -dfasnot lav^nl; hecaufe ^^^ ^^^' '«i^ 
 the Party was in VrifohintheGcal £)./'Middlefex; "ZZl&Zt ' 
 and although Newgate was within London, yet pelcnvi 
 it is a Prifon indifferent for boih Counties, and vJoe 
 Prifoner was in the Prifon for Middlefex, and not 
 for London ; and the Procefs ought to have been 
 dinged to thi Sheriff of Middlefex. 
 
 2. The Sheriff^ may chufe to ferve tie Execution or 
 not, upon the Body of the Felon for Debt ; for that 
 inafmttcb as the King by the JudgtJient of the Felo- 
 ny hath Interejt in hu per(on,this Inttrefi- isfufficient 
 
 T Prt- 
 
274- 
 
 Attainder 
 does not ex- 
 tinft the 
 Debts as to 
 other Sub- 
 jedls. 
 
 Newgate a fri' 
 Jon fot both 
 London and 
 MiddUfex. 
 
 Commitment 
 
 by Sberif of 
 MiddUfex^ is 
 not a Com- 
 mitment in 
 London f tho' 
 the Sheriff of 
 London and 
 MiddUfex are 
 one. 
 
 Sheriffs Court 
 
 Vriv'ilege againfi the ABion, or Execution of any 
 SubjeBy yet if the Sherijf will ferve- the Executi- 
 on of the Debt J then the Frifoner jhall be Jaid to be 
 in Execution for the Debt, and yet fubjeii to the 
 Judgment of Felony for the King ; and if the Fe- 
 lon efcape, the Sheriff fliall anjwer to the Kingt 
 and the Party alfe : And if the King fardon the 
 Felony, and the Sheriff fujfers him to go at large, it's 
 an Efcape, 
 
 "NotijThat upon a Capias ad fatisfaciendum to the 
 Sheriff of Midd.iefex, to take J. S. if the Sheriff 
 take him and put him in Newgate, "which is the 
 Common Vrifon /"or London fl»^Middlefex, and 
 after another Writ of Execution comes to the She- 
 r.f of London ; although the Sheriffs of London 
 are alfo Sheriffs of Middlefex, and Newgate 
 (whtre the Prijon is) is the Vrifon for both Coun- 
 ties : yet the Prifoner jhall not be faid to be in Ex- 
 ecurion upon this New Writ in London, nor may 
 the Shtriff of London ferve it upon him, becaufe 
 he is in another County. ^ 
 
 For when the Commitment is to Newgate by force of 
 a Writ to the Sheriff of Middlefex, he may not 
 be jaid in any refpeB to be in the County of Lon- 
 don ; for the Counties continue feveral, and the 
 Tnfon feveraly in reffe^ of the jeveral Commit- 
 ments: For there are two federal fides, and a par- 
 tition bttween them , i Rol. Abr. 894. Coas'i 
 Caje, Trin. 16 Jac. B. R. 
 
 By the Cuftom of London, the Writ of Executi- 
 on is di reified to the Sheriffs of London, and not 
 to the Coroner, (who is the Mayor), i ^olAbr. 
 he 6. \. 
 
 The Retorn of the Oatlary out of Lonaim in 
 C. B. is generally mide without faying, Per jtf- 
 dtmum Coronatorum, 
 
 Sheriff 
 
Lond< 
 
 m J^ondon. 
 
 2/5 
 
 Cujlom to remove TIeas and l^cords out 
 of the Sheriffs Court into the Lord 
 Mayors 
 
 CoiirtofCon- 
 Icience. 
 
 THE Cuf}ojn\s\ When a Man is impleaded 
 before the Sheriffs, the A^jyor upon fugge- 
 ftion of the Defendant may fend fc- tht parties, 
 and for the Record, and examine the parties up- 
 on their Pleas j and if it be found upon*liis Ex- 
 amination that the party Plawt/ff is fatisfied, 
 that he may award that t\)ePl^h-t:f{\u\\ be bar- 
 red. And this is called, The Court of Confcier^ce^ 
 4 I«y?. c. 5'o. 8 Rep. City of London % Cafe. 
 
 The Plaintiff in Aflault and Battery in his 
 Replication faith, The Citj of London n an Ar.ci- 
 ent City, and hatb Pleas, and that there vjr.- a 
 Plaint tnfuch a Court before F. M. by virtue of which H-^w to lay 
 Procefs the Plaintiff was taken. H^ ihould have rhe Cuftom 
 alkdged a Cujrom to hold a Court before the Sh:- ^'^"^^* ^^^' 
 riff'j, and that F. M. was then Shertff-. It is faid, ''^' ^°""* 
 Coram F. M. uno Vicecom\ is well enough , there 
 being two Co«rfj, cho' but one Sheriff , i Keb.^S:^. 
 Qibovn and Parker, ^ 
 
 T 2 As 
 
2/6 Sheriffs Court 
 
 As to the difference of Entries in the 
 Mayor s Court, and Sheriffs Court, 
 
 A Clerk of the Mayor's Court faid, That the Fi- 
 gures 264 {in their Entriei) (igmfie thezStb 
 Vny of the ^tb Month ^ 2.6 the Day^ and ^ the 
 Month ^ accounting No^uerriher (in which the 
 May:r is chofen) the fir ft , and fo the fourth 
 MonthisFe^rjJ.:^. 
 
 But in the Sheriff's Court they count their 
 Months in Oclober. 
 
 And accordingly it was ordered, That /^Jhfield 
 the 20th Day of February commenced a Plaint, 
 &c. 2 Rol. Rep. 380. Jjkfald's Cafe. 
 
 If an Erroneous Judgment be giv^nin any of 
 
 the Sheriff's Courts of the City of Lcvdon, the fVrit 
 
 Writ of Error (,f Err(?r to reverfc thisjudgment muft be brought 
 
 to be brought ijj the Cmn of the Hufiingi before the Lord 
 
 laihiHufitrgs^ Mayor; for that is the Superior Court, Fra^. Reg. 
 
 124. 4 Inff. 247. 
 
 Dirediion of Writs. 
 
 QUadlihet hreve ^uod tavgit Uberutn tenementum 
 dirigitur Majori & Viucomitibus, & alia bre- 
 'Vu lantum Vtcecomitibus, 
 SliPtiffi Cowrr; 
 
 when kti^t. The Two SheriflFi of Londov do each of them 
 
 keep a Court of Record, where they hold Plea 
 
 of 
 
m 
 
 Lond 
 
 on. 
 
 277 
 
 of all Perfonal Anions ; and the Two Prifons 
 (^called the Compters) belong to them. 
 
 And they have Two Court Days in every 
 Week apiece : For the PFoodfireet-Cvmpter , on 
 WeJnefdays and Fridays ; for the Pvultrjf -Compter, 
 on Tburjdays and Saturdays. 
 
 In a Tlaint of Debt levied before any of the 
 Sheriffs , the Cuftom is , That the (aid Sheriffs 
 Ore Tenus [end to the Serjeants of the Compter, 
 either to jummon or attach the Defcvdant without 
 W^rant, and upon Nihil retomed •within the Ciiy, 
 that then the Serjeants , and every of them, by the 
 Commandment of the Sheriff have ufed to attach 
 and arre[i the Defendant , to have bts Body at 
 the next Court before the Sheriff at the Guild- 
 Hall, &c. 
 
 In this manner they certify their Records • 
 But the ufual pradice is. to Enter an A(5lion in 
 the Office for that purpofe, at one of i\iQ Comp- 
 ters ; which A(5i:ion muft be Entred with fare: 
 For it is the Original in that Court by which 
 y6u muft declare, and from whence there muft 
 be no variance. 
 
 And when an Adion is Entred, then anyone 
 of the Serjeants may arreft the Defendant, and 
 bring himintoCuftody. untillhe find Bail to An- 
 fwer the Condemnation ; which Bail is to be 
 taken by one of the Cleik-ficters. 
 
 The Defendjnt may be Arretted by the Cu- 
 ftom of London, after Entry of the Flamt in the 
 Torters-Book, before the Entry of it in Court be- 
 fore the Sheriff: And after Plaint Entred, the Sti - 
 j^ant may arreft without Precept. 
 
 Of entring 
 Aj^ions in ^ 
 Compters. 
 Bail. 
 
 Arrefting by 
 StrjeaniSt 
 
 T i 
 
 The 
 
278 Sheriffs Court 
 
 SerjerntOiew- The Serjeant need not fliew his Mace, be- 
 ing his Mace, ^^^f^^ 1-^^ ^5 fworn and known, altho' not to the 
 
 party ; and a known BaylifF need not (hew his 
 
 Warrant, ahho' demanded. 
 
 But in 6 Rep. 5-2. Comtefs of Rutland's Cz^Qy a 
 General Arreft by a Serjeant by fhewing the 
 Mace, and touching his Body with it, and fay- 
 ing, Sir, I arreft you, is infufficient; for he ought 
 to flievv at whofe Suit, oiu of what Court^ for 
 what, and of what Retorn, &c. That the par- 
 ty may know, &c. 
 
 In Efcape the Defendant pleads the Cuftom of 
 Efcape. London 'y That the Mciyorand Sheriffs of Io??^o« 
 
 have uled to enlarge Prifoners that were arreft- 
 ed^ in comingand retorning from cheir Courts, 
 having Caufes there depending; and fets forth 
 a Plaint in Lor.fhn againft the Defendant, and 
 thaiiphe was arretted, and appeared, and plead- 
 ed to IlTuc ; and as he was coming to Court, to 
 Whether the defend that Adion, he was arrelted, as is fup- 
 coMrtcandif- pofed in the Declaration. And 'f/er CV. the 
 charge one Court Cannot difcharge gne arrefted , except 
 arretted, who \^q ^e arrefted in tire Face of the Court, 
 
 theCo«r;. don. 
 
 THE 
 
in London. 279 
 
 THE 
 
 COURT 
 
 OF 
 
 ORPHANS. 
 
 THE Cuftom of Orphanage is one of the 
 moft confiderable Cuftoms of LonJo^^ as 
 it refped:s the Children of Freemen who die 
 poflefs'd of great perfonal Eftates j and I (hall 
 therefore treat, 
 
 Firft, Of the CufioWj and then of the Court. 
 
 By the Cuftom of London a Freeman's^Widovv 
 may require a Third part of his perfonal Rliate, 
 after Debts and Funeral paid and difciiargcd ; TheCujftom 
 and his Children may require another Third f^^^Dewfesia 
 part thereof; and he may by Will give away 
 another Third part of his Eftate ; and if he 
 have no Children, the Widow may require a 
 Moiety of his perfonal Eftate. But if a Free- 
 man die without a Will, Adrniniftrationlhall be 
 granted to his Wife, and iha will c^aim one" 
 Third part by the Cu(}om, and oneThiid part 
 muft be divided amon^f^ the Children, and the 
 T 4 other 
 
 London. 
 
28o 
 
 Orphans Court 
 
 other between the Wife and Children ; and 
 
 ufuaily the 
 thereof. 
 
 Ca^oOTofthe 
 Court- 
 
 Woman is allowed Two Thirds 
 
 IfExecn'or 
 or Admin*-^ 
 ftrator rtfu'e 
 to give Secu- 
 rity for Or- 
 phans P(>iti- 
 on, ImpJifon- 
 ment lie^, 
 rho fecuriry 
 have been gi- 
 ven at Cctpi- 
 Wion Law, or 
 in rhs Prero- 
 g.rtive Qourty 
 j'cr th& c.uurt 
 of Ojpfians 
 will compel 
 to give them 
 new fecuriry. 
 
 It has been refolved, That there liath been a 
 Court of Orphans time out of Mind in London j 
 and there hath been a Cuftom, If any Freeman, 
 or Frefwoman die, leavmg Orphans wit bin age un- 
 married, that they have had the cufiody of their Bo" 
 dy and Goods ; And that the Executors and Admi- 
 niflrators have ufed, and ought to exhibit true 
 Inventories before them ; and if any Debt ap- 
 pear due, to become bound to the Chamber- 
 lain to the ufe of the Orphans in a reafonablc 
 fum to make a true account upon Oath, of them 
 after they have been received, and if they re- 
 fufe, to commit them till they will become 
 bound ; this was adjudged to be a reafonable Cu- 
 Cuftom. 
 
 Upon the Retorn of the HabeasGorpus/^e Cafe was: 
 
 One Jane ('WidwJ (Freewoman, and Fifh- 
 monger of London ) died , leaving divers Or- 
 phans, and one Latch was Admmijiraior, and 
 had exhibited an Inventory of looo /. Debts 
 unreceived, ancj was required by this Court to 
 give Bond of 2000 /. which he refufed, per Quod, 
 &c. and this Cufiom in fuch Cafe was adjudg- 
 ed good and reafonable j and if the Ecclefia- 
 ftical Court will compel them to make account 
 there againft this Cuilom , a Prohibition lies. 
 Though it. was alledged for the Prifonerin that 
 Cafe, Ihat be was already hound in the Frerogative 
 Court to make account y and jo be fluould be twice 
 bound , Hob. 474. Laf-h'j Caje. 
 
 To 
 
in London. 281 
 
 To this purpofe is the Cafe of HiU. 13 Car.i. 
 B. R. Caltbrop. 46. 
 
 The Cuftom is. If any Freeman devifeth Lands 
 or other Legacies of Goods unto an Orphan, that then 
 the Mayor and Aldermen ha'v^ ufed to take the PrO" 
 fits of the Land, and to have the d'tfpofition of the 
 Legacies, until the Legatees jhall attain the Age of 2 j 
 Tears ; or if a JVoman, till Jhe be married : And if 
 the diff option of the Profits of the Land, or of the 
 perfcnal Legacies were declared by the Te^ator in his 
 Will, that then the Mayor and Aldermen have ufed 
 time out of mind of Man, to convent the perfons tru^- 
 ed by the Will of the Tefiator before them, and to 
 compel them to find Sureties for the performance of the 
 Legacies ; and if they refufe to find Sureties^ then it 
 is lawful to imprifon them until they do. 
 
 Jhe Cafe was : 
 
 The Widow of a Freeman of London dwel- 
 ling in 'Middlefex , bequeathed a Legacy of 
 1000 /. to her Daughter after all Debts and Le- 
 gacies paid, and upon Condition, That jhe Jhculd 
 not marry without the Confent of the Executory and 
 makes a Freeman her Executor, and dies 5 the 
 Executor is covented before the Court of the 
 Mayor and Aldermen, and required to put in 
 Sureties to the Chamberlain oi London, according 
 to the Cullom, for the payment ojF the 1000 /. 
 according to the Time limited by the Will, and 
 according to the Will aforefaid : The Executor 
 denies to find Sureties, whereupon he was com- 
 mitted to Prifon ; and an Habeas Corpus being 
 awarded out of the^;»^'s Bench, to have the Bo- 
 dy of the Executor, with the Caufe, all this 
 Matter appeared upon the Retorn. 
 
 And 
 
282 
 
 Orphans Court 
 
 The mfe of a 
 Freeman is 
 within the 
 Cuftom. 
 
 And the Court, Firfi Refolved, That it 'was a 
 
 good Cufiom. 
 
 Secondly J That the Wife of a Freeman is 'Within this 
 Cu^om ; and the Wife of a Freeman bayiVg the 
 liberty and privilege to trade in the Ctty , and fa 
 able to take benefit by it, jhe (hall be bound by the 
 Cufloms of it, 
 
 -^w^ Thirdly, Thoi^gh jhe were dwelling out o/" Lon- 
 don, at the time of the Will made, Jlje is a Free^ 
 woman wit htft the compafs of the Cufiom. 
 
 And it was one Andrew\ Cafe; P. 17 Jac, 
 B. R. A Free woman befoi^ (lie contra(5ied Mar- 
 riage with J.S. agrees with him, That (he (hall 
 have power to devife a Sum of 200 /. to any 
 perfon, and after her Marriage flie by her Will 
 gives this to the Children of her firft Husband, 
 and dies ; the Husband after acknowledgeth a 
 Judgment at Common Law, for the Security of 
 it : Yet by the Cuftom of the Orphans of Lon- 
 don, he may be compelled by the Court of Or- 
 phans to give new Security for this to the 
 Chamberjain of London. 
 
 Orphans not Note, The Security mufitake particular care that 
 to marry fiQ^g of jIjq Orphans marry, or be put out Appren- 
 
 tices, without leave of the Court of Aldermen ob- 
 tained for that purpofe. 
 
 -without leave 
 
 Marriage 
 without con- 
 fent is finable, 
 
 and Irnpi'ifon- 
 meiit tiii piid. 
 
 The Court of Aldermen do commit the Cu- 
 ftody of Orphans to fuch perfon or perfons as 
 they (hall think fit ; if any perfon do intermar- 
 ry with any Orphan without the confent of the 
 fame Court firft obtained, fuch a perfon maybe 
 fined bv them according to the Quality and 
 Pi^xionof theO/phan ; and unlefsfuch perfon 
 do pay t\\z Fin.*^ or gii.'^ Security to piy it, the 
 
 Court 
 
in London. 283 
 
 Court may commit him to Newgate, to remain 
 there till he fubmit to their Orders 5 and , this 
 hath been adjudged in the Court of King's 
 Bench, and it was Wilkinfons Cafe againft Sir 
 William Bolton, Pafcb, 17 Car. 2. 
 
 Ail AAion of Trel^afs was brought forBa«ery 
 and falfe Imprifonment: TheDefendant juftifies 
 by the Cufiom of London of the Court of Orphans, 
 That a freeman died and left his Daughter under 18 
 Tears of Age ^ for fuch is the Age of a Female 
 and unmarried ; and that the Court committed the 
 cuHody of her to Sir William Bolton, and fets forth 
 the Cufiom ; That tf any fuch Ward be taken away, 
 &C. they may commit the party to Newgate who 
 does it, to he imprifoned till he produce the Infant^ or 
 be delivered by due courfe of Law 5 and beciufe 
 the Plaintiff took her away , he was com- 
 mitted. 
 
 The Plaintiff Demurs upon the Flea ; 
 
 Firft, Becaufe the Cu^om is unreafoHahle, for that 
 no time is allowed to the party to make his De- 
 fence. 
 
 Secondly, Becaufe the Cu/lom is laid generally, to 
 Imprijon all, and fo a Peer may be imprifoned. 
 
 But/>fr Cur. it's a General Contempt and Off- 
 fence, and the Ciiftom is reafonable, but there 
 feem'd to be a Fault in the Vlea, for the Bar was, 
 Tkat the Infant was of fmh an Age, and unmarried 
 at the'time of the Death of the Anceftor, but does not 
 aBually fay, Shz was unmarried at thetime of the tak- <roclto 
 ing ; but it was over-ruled, for that a Bar fhall ccLLw /»- 
 be good to Common Intent : Vide the Cafe re- tent. 
 ported in Raymond, p. 1 1 6. 
 
 Note, 
 
i84 
 
 Orphans Court 
 
 Uotchptt. 
 
 The unad- 
 vanccdjChil- 
 dren, by the 
 Cuflom of 
 
 Ltndon , to 
 bring in 
 •what they 
 had received 
 into Hotchpot 
 with the Or- 
 phanage 
 Third*, after 
 the Eftate is 
 divided into 
 Thirds and 
 nor Vi/i'h thi 
 
 Note , The Cufiomof London is. That if the Fa- 
 ther advance any of his Children with any 
 pare of his Goods, that that fiiall bar them to 
 demand any further part, unlefs the Father un- 
 der his Hand, or by his laft'Will did exprefs 
 and declare. That it -waii^ut in fart of advance- 
 ment* and then that Child fo partly advanced 
 fhall put his part in Hotchpot with the Execu- 
 tors and Widow, and have a full Third part 
 of the whole, accounting that which was gi- 
 ven to him as a part thereof; And this is that 
 v^hich the Civilians call, Collatio bonorum. 
 Some expound this Cufiom thus ; As if a^ Man has 
 two Children, and gives to one of them an loo /. 
 in part of his Advancement, and then dies worth 
 900 /, /» this cafe the Wife, the ijfue not advanced , 
 and the Executors jhall have hut three equal parts 
 of .the 900 1. (viz) 300 1. apiece, andthentbe 
 Hundred'? cunds fo given jhall be in Hotchpot be- 
 tween the Children ; which Sir Edward Coke 
 conceived cannot be, becaufe the9 there fhould be ho 
 efjuality among the IJfues, at the Cufiom retjuireth, ^ 
 iz Rep. 1 13. 
 
 Note, It was refohed in Chancery in Beckford'/ 
 Cafe, as to the Motchpot. 
 
 R. B. Freeman o£ London had feveral Children, 
 and by his Will in Writing, after Debts and Fu- 
 nerals paid, appointed one fult Third part of his 
 perfonal Eftate to the Plaintiff Fr. B. his Relid, 
 according to the Cufiom of the City of London ^ 
 and declared that Fr. and Ehz,. Two of his 
 Daughters had been fully advanced in his Life- 
 time; and that Mary and JaveTvio Other Daugh- 
 ters, had not been fully advanced, and direct- 
 ed, They jlojuid bring in their Vortions they had re- 
 ceived 
 
in London. ^ • 2 8 J 
 
 ceivedinto the Third fart of his Verfonal Efiate^ he- 
 lovgwz^ unto his unf referred Children : .The Widow 
 and Relid is PlaimifFin Chancery ; and the Que- 
 ftion between her and the unpreferred Children 
 was ; 
 
 How the faid Ejtate fhouU he divided by the Cu- 
 ftont of London ? 
 
 The Plaintiff infifted, that the Children not fally 
 advanced ought to bring what they had receivd into 
 the whole E(iate, and that then Jhe ought to have one 
 full Third fart of the whole ■pcrjonal Ejfate: But the 
 Court declared the Coftom to be , That the Te- 
 Bator's two Children y Mary and JanQy who were 
 not fully advanced J were to bring in what they had re' 
 ceived into Hotchpot with the OrpbanageThirds, af- 
 ter the E/^ate is divided into Thirds, and not with ^ *^^^^^ 
 the whole Eftate , 2 Rep. Ch, 3^9. Beckford's Jarjon [to* 
 Cafe. Ahd if was refolved in Hammond and let in the 
 Honnywood\ Cafe, g2 Car. 2. in Cb. That by the Child to have 
 Cufiom of London^ a Declaration made by a Free- ^ cuftomary 
 man in Writing, the fuch Writing was made ^"^* 
 for his laft Will, and revoked, is fuch a Decla- 
 ration as will let in the Child to have a cuftoma- 
 ry part of the perfonal Eftate. 
 
 The Portion of an Orphan is of fuch a nature, 
 
 that if the Husband of the Orphan die without If the Huf- 
 
 altering the property, his Widow, and not his band alter 
 
 Executors iliall have it; which was AnnVheafant'i' p^^ty oJ^'he 
 
 Cafe, and is reported in 2 Ventr. 240. A, B, an orphans Por- 
 
 Orphan of London married to W. Vbeafant before tion , and 
 
 he was of 20 Years of Age, he not having tak- ^'«, Ij^Wit 
 
 en out the Money dies, but bequeaths this Mo- ?^^ -^ 
 
 ney to his Wife, provided flie Ihould not claim And the Or- 
 
 Dower : She brought Dower againft B. P. Bro- phan's Money 
 
 ther of fV. 5. her late Husband; he brings a Bill >« the hands 
 
 in Chancery againft her, to make discovery of ?^f^^ C^nw- 
 
 theEftate, and to compel hertoreleafe Dower, dev'ifrbleby 
 
 cr the Husband, 
 
lU 
 
 Orphans Court 
 
 He that mar- 
 ries an Orphan 
 muft make a 
 Jointure be- 
 fore he rt- 
 
 «iv«thePoi^- 
 tion. 
 
 or renounce the Devife ; the Queft'ton was 5 
 
 If the Money in the Court of Orphans "were de'vifo' 
 hie , or not ? 
 
 By BriJgman Keeper, 7wifden , and iVild, this 
 Portion is a Thing in AAion, and fo not devi- 
 fable. The Cuftom of Orphans under Age is. 
 That they find them Money ^ ( viz. j for maintenance , 
 and no more : Yet when tlie Orphan comes to 
 Age, or the Female Orphan marry, it is caft up, 
 and the Intereft fully paid. Now in this Cafe 
 it was the Lachefs of the Husband , that he 
 did not recover-it, for by the Cuftom it is to be 
 paid at the Marriage, or full age of the Female 
 Orphan : And the Cuftom is, upon the Marri- 
 age of Orphans, to appoint the Ccmmcn Serjeant 
 to treat and take Security for the Orphans. 
 
 But he that marries an Orphan without Li- 
 cenfe, muft make a Jointure before he receives 
 the Portion. 
 
 The Cafe was, a Citizen of London dies, and 
 leaves a Daughter ; the Portion of the Orphan, 
 according to the Cuftom, is put into the Cham- 
 ber of London, or fecured by the Chmaber of 
 London^ the Orphan marries without Leave or 
 Licenfe of the Court of Orphans , the Hu.band 
 and Wife bring a Subpsna againftthe Chamber- 
 lain of London and the Recognizors for the Por- 
 tion. and if in the Chamberlain's Hands, then to 
 have the Principal, and account of the Product 
 or Intereft ; albeit the Husband had a good E- 
 ftate which merited the Fortune of the Orphan, 
 yet forafmuch as he had not Licenfe of theCoarf 
 of Orphans, to marry their Orphan ; and befides, 
 had not fetled a Jointure upon the Orphan at 
 the Marriage : It vvas decreed, That the Husband 
 ^iouldfiijt n.ake a Jointure for her, before he fhould 
 receive Lis ChiUs Pcrticnfcrth of the Chamber of Lon- 
 don. SiS ajtCTy 
 
 What 
 
i?i London. 287 
 
 Tf'hat (IjaQ he [aid fart of the Perfonal Efiate. 
 
 The Morgage of an Inheritance to a Citizen Morgage of 
 of London, hath been held to be part of hi»Per- an Inheri- 
 fonal Eftate, and to be divided according to the ^^"^®' 
 Cufiom, Cafesy in Ch. Part. jfi. 285. 
 
 A Citizen of London being refiduary Legatee 
 died ,* the QueBion^ Whether this hein^ but a Lega- Legacy. 
 cy, Jifbich till Eledion ve^ed, prima JFacie, in the 
 Legatee, not as Legatee, but as Executor, (for he 
 was ExecutorJ and tbefir/t Tefiator s Eft ate which 
 remains m the Executor, as Executor (hall not be fuh- 
 jeB to the Cujfovj, as the Executor^ s own Eft Me ? In 
 Civile and Rich's Cafe, the Lord Chancellor de- 
 creed the contrary , and faid, I will make E!e- 
 dion for him, Idem, 310. 
 
 A Freeman of London purchafeth a Leafe for 
 Years, of Tome Houfes in London for 700 /. and 
 afterwards for 100 /. more buys in the Inheri- 
 tance, and takes the Conveyance in another's 
 Name in truft for him and his Keirs, and dies ; Leafcs for 
 the Queftion was, yf'heth.r this Lea e be within the ^f '^""' 
 Cuftom of London to be de'vtje'.l as a Chattel? For jen^j ^j-g i,-j. 
 it was agreed by all, that a Leafe for Years af heiitance. 
 figaed over to attend the Inheritance , is not 
 within it j and the Chancellor's Opinion was. 
 That neither can this Leafe ^ for ^tis knit to the Inheri- 
 . tance. 
 
 If a Father is a Freeman of L^'v.^ov, he cannot 
 devife the difpofition of the Body of the Infant 5 -fhe Body ot 
 and if hs do, yet the Infant fhall remain in the an Or/>/;<i« not 
 Cuftody of the Mayor and Aidermpn* And as devifable. 
 Weil the Stat.cA ^2ivA 5" of ?bil. and Mary^c. 8. 
 cojicerning the taking of Infants Female cut of 
 
 the 
 
288 The Sheriffs Courts 
 
 the poffeflion of the Gardian, as the Stat, of 
 12 Car. 2. which impowers Fathers to difpofe 
 of the Cuftody of their Children, there are 
 Provifos , to fave the Cuftom of London, Sid. 
 ^S^.'Bafran'sCsSQ. 
 
 •TL /» ft This Cuftom to have the cuftody of the per- 
 
 whavethf fonandof alitherealEftate and Perfonal, ex- 
 
 cuftody of tends to Lands out of London, 
 
 the Lands , 
 
 extends to But jt has been a Queftion, If a Freeman dif. 
 
 Ymdin^^ °^ wwf/»«e from the City and his Trade, and dies, leav- 
 ing his Children and Esiate in the Country, whether 
 the Court of Orphans [hall intermeddle with 
 them ? . ' , 
 
 And Hide, Chief-Juftice , was of Opinion, 
 They (hall not intermeddle. 
 
 As to the Court; 
 
 By an AB of Parliament , Rot, Pat. i R. 2. 
 N. 130. It was Enaded, That the Mayor and 
 Chamberlain of London, for the time being, Jhall 
 have the keeping of all the Lands and Goods of fucb 
 Orphans as happen within the City, faving tot he King, 
 and other Lords, the Rights of fuih as bold of them 
 out of the fame Liberty, 
 
 But it's a CuHomary Court Time out of Memory. 
 
 Coutt of Or- The Court of Orphans is held before the Lord 
 
 fhavs , before Mayor and Aldermen of the City of London, who 
 
 whom held, are Guardians to Children of all Freemen of Lonm 
 
 don, tha^a^e or fliall be under the Age of 21 
 
 Years, at tr,etime of their Fathers deceafe. The 
 
 Common Serjeant of the City is the only peiibn 
 
 intruded 
 
London. • i8p 
 
 VI 
 
 • 
 
 intrufted by the Court of Aldermen, to take all 
 Inventories and Accounts of Freemens E^ 
 ftates. 
 
 The youngeft Attorney in the Lord Mayor's 
 Court is always Clark of the Orphans, anc^is ap- 
 pointed to take all Seqjirities for Orphans Porti- 
 ons ; which Securities are conftantly taken in 
 the Name of the Chamberlain of London, for the 
 Time being; and to thispurpofe the Chamber- 
 lain is a Sole Corporation to him and his Suc- 
 ceflTors for Orphans \ and in 4 kep. Fullwood^ 
 Cafe, a Recognizance or Bond made to him 
 and his Succeflbrs, concerning Orphans, fliall, by ChamberTaiij 
 the Cuftom of London, go to his SuccefTor; and ^ Body Cor- 
 ^ it is not like the Cafe of a Bifliop, Parfon,Vi- ^""armVe 
 * Gar, Mafter of an Hofpital, &c. or fuch Sole ^ * ^ ^^°" ' 
 Corporation, for there is no Chattel^ neither in 
 Adion or Poffeflion fliall go in fucceflion, be- 
 caufe they cannot take Recognizances or Bond> 
 in their Politique Capacity, neither have they • 
 fuch a Cuftom, but the Exentors or Admini- 
 ftrators Ihall have them. 
 
 In Spencers Cafe, the Retcrn was ; If any 
 Freeman devife any Legacy to an Orphan, that 
 the Executor fliall be conftrained to find fuffici- 
 ent Sureties to pay the Legacy according to Law; 
 and ihews , That a Woman gives a Legacy to 
 fuch Orphan, and returns the Will ; by which it 
 appears fhe was a Widow Inhabitant in Middle- 
 •fex, but free of London , ar^ flie made Spencer Ex- 
 ecutor, and devifeth the Legacy to the Orphan^ 
 and the Legacy was conditional, That the Or- 
 phan ought to marry with the confent of the Ex- 
 ecutor ; and becaufe he refufed to find Sureties ^ 
 hg was Gommittedi F/Js amea & pejleai 
 
ipo • Orphans Court 
 
 • 
 
 It was alledged. The Cuftom was againft 
 Law ; for perhaps he (hall not have Affets be- 
 yond Debts to pay it, when the Time of pay- 
 ment fhaH come. Per Cur. He ought to have re- 
 gard to the AfTets and the Condition. If they 
 prefs sn Obligation upon what ftands not with 
 the Rules of Law, we will aid hi(n. A Prece- 
 dendo was granted, i Rol Rep. 316. 
 
 Note, yhe Committee of an Orphan by the Mayor 
 « - *j.j._ and Aldermen i declaring upon the Cuflom of the 
 
 ,ge/ City of London, fhaU have the Writ, and Agey 
 
 and Non-age [hali be limited bythem,}riob.9^. 
 
 One alTumes, That in confideration that the 
 thlldsPotti- Plaintiff will marry his Daughter, that he will 
 on. give to him, at the time of his Death, a Child's 
 
 Portion : If a Citizen of London make fuch a 
 Promife, it is good by the Cuftom of London, 
 and the Divifion between the Wife and theChil- 
 . dren is certain enough, 2 Role's Rep. 104, 
 • 
 Note, That when a Freeman of London dies, leav- 
 ing Children under Age, the Clerks of the 
 refpe(5tive Parifhes within the Bills of Morta- 
 lity, ought to give the Name of fuch Free- 
 man to the Common Cryer of this City, who 
 is thereupon to fummon the Widow or Ex- 
 ecutor of fuch Freeman to appear before the 
 Court of Aldermen, there to be bound to 
 bring in an Inventory of the Teftator's E- 
 ■ ftate. ^ 
 
 And ISIote^ That the Court of Aldermen al- 
 ways allow two Months time for the bring- 
 ing in and exhibiting fuch Inventories. 
 
 If 
 
tn 
 
 London, apt 
 
 If the party fummoned do not appear, the 
 Lord Mayor may, if h.e pleafe, fend his War- 
 rant , Jind force an Appearance : And if any 
 Executor refufe to become bound to bring \\ 
 an Inventory, the Court of Aldermen may by 
 their Power fend fuch Executor to Nev^atef 
 there to remain till he fubmit ; and the Courts . 
 at Weftm'mfler will not releafe fuch perfon, 
 
 After a Bond given, the Executor muft pro- 
 cure Four Freemen to appr^ife the Tejlators 
 Goods, and muft caufe them to appear before a 
 Juftice of the Peace in London, to make a juft", 
 true and valuable Appraifment. 
 
 The Common Cryer muft have notice when the 
 Appraifment is to be made; for he isappoint= 
 ed by the Court of Aldermen to be prefent when * 
 all fuch A-ppraifments aire taken , that he may 
 fee the fame be fairly done to thebeft advantage 
 of the Orpha7js: And unlefs the Common Cryer or 
 his Deputy be prefent, and the Inventory fiiall be 
 figned by the Common Cryer ^ i\\t Court of Alder- 
 men will not allow thereof. 
 
 *Ibe Common Cryer^s Fees for figr.v^g every Inventory 
 is \o f. and for bis Attendance, during the time of 
 the Appraifment, at leajt lo s. per Day. 
 
 When the Appraifn^ent is made, as aforefaid, 
 and ftgned by the Common Cryer and the Apprai- 
 forsj it muft be given to Mr. Common Serjeavt, Or 
 one of his Clerks at his Office in Guild- HallTard^j 
 and if he approver thereof, he ^-^nll .caufe it to^ 
 be ingrofted. and a Duplicate thereof robe made 
 for the Executor or Adrniniftrator ;- And whefi 
 the fame is examined by hirri, and his Hand is 
 fft thereto in x^iWmm'i ihtit^s^k f thiJ E>j«ouc -r 
 
29 2 Orphans Court 
 
 or Adminiftratof muft in the Court of Aldermen 
 iwearthefafnc inventory is a true Inventory of 
 the GDods and Chattels'of the Party deceafcd, 
 according to the heft oF his knowledge. 
 
 When the Inventory is fo exhibited, the Ex- 
 ecutor muft become bound in a confiderable 
 Penalty, cither to bring in the Money that (hall 
 'appear due to the Orphans by fuch Inventory, 
 within Two Months , or within th^t time to 
 give good Security to pay the fame into the 
 Chamber of London, for the ufeof the Orphans, 
 when they fliail ccme to Age , or be mar- 
 iit:d. 
 
 But [te after in -the late AB, concerning the bringing 
 the Money into the Chamber of London. 
 
 When Executors paid the Money into the 
 Chamber of London , the Court of Aldermen 
 ufually allovy'd j I fer CV«f.-Intereft for fuch of 
 the Tefiator\ Eftateas was due to theOrphans by 
 theCuftom oS. London ^ fo as the fame exceed not 
 500 /. and for Legacy Money 5 /. 6 /. Z d. fer 
 Cent. 
 
 If the Executor fiiall not pay the Money in- 
 to the Chamber, he muft become bound with 
 Three Sureties to the Chamberlain of London 
 for the Time being , in one or more Recogni- 
 zances, or elfe by Bond to pay the Money due 
 to Orphans ; and in cafe the Security live within 
 the Liberties of London, they muft be bound by 
 Bond. 
 
 Note, That if the Sum be 90Q L the Security mufi 
 become bound by three Recogniz^ances, each for the 
 fayment of 7,00 I. the Cu^om being never to make 
 any RecogniZ,ance touching Orphans of greater Pe- 
 
 nalty 
 
in London. 2c^2 
 
 nahji than 400 1. and not for the payment of above 
 500 I.- 
 
 Note, The Lord Mayor and Court of Aldermen do 
 meet at Guildhall, and fit in the Or-phans Court, 
 there opce in every Tear^ viz. en the Munday * 
 
 Morning after Midlent-Sunday, purpqfeiy to hear 
 the Names of all the Securities that ft and bound for 
 Orphans Portions called over , and therefore that 
 Day is termed Call^day, upon which Day one of 
 evtry of the Sureties ought to appear to give an ac- 
 count "whether the other Securities are living, and 
 in good condition, and whether the Orphans are liv- 
 ing and married, ^ 
 
 If none of the Security appear upon that day, 
 they forfeit their Recognizances and Bonds,and 
 the Clerk of the Orphans in fuch cafe m.uft 
 make out Procefs againft the Security, and force 
 them to give the Accompt above required, and 
 pay the Charges of the Procefs. 
 
 The Security muft take particular care that 
 none of the Orphans marry, or be put Appren- 
 tice with their confents without the leave of the 
 Court of Aldermen fird obtained for that pur- 
 pofe. And as the Orphans coine to be of the 
 Age of One and Twenty Years , or (hall be 
 married with the confent of the Court of A'der- 
 men, they muft take care to bring them to Guild- 
 hall, with a perfon to provf the Age of UichOr- 
 phan; and then the Orphan muft ^xknowledj^e 
 fatisfadion for the Money duetoh.im, orh-r, 
 of the Teilvitor's Eiiate, which niuft be done in 
 th^ Court of Aldermen ; but one of Mr. < o n- 
 mon Ser.jeant's Cleiks muft ft:i^ draw up aNo;2 
 tothii, or the like ctfcct. 
 « 
 
 U X A, B, 
 
2ip4 Orphans Court 
 
 " A B. ParifliClerkandRegifterof St. M- 
 '' Jl\- ^^^^^^ Ba/ilha-w, London, IS come tO 
 " prove unto this Honourable Court, upon his 
 • "' Corporal Oatb, That C. D. one of the Sons 
 
 " and late Orphans of H. D. late Citizen and 
 " Draper of London, deceafed, is of the full Age 
 "of 2 1 Years. ' And the faid C. D. the Son is 
 *^ come to acknowledge fatisfadion to this Ho- 
 *' nourable Court for 5-90 /. growing due unto 
 "him for his own part and Portion of the 
 *^ Goods, Chattels, Rights and Credits of the 
 " faid H. D. his late Father deceafed* by the 
 '^' Laws and Cufloms of the City of Londov. 
 
 j(^WNote, That if a Freeman leaves Lands and'ti" 
 newents to his ChtldretJ, the Executor mufi hecome 
 hound with Sureties to acco^ipt for the R.enti and 
 'Frcfts of fuch Lands : 
 
 ALSO, when any Orphan is of full Age, 
 and fliall acknowledge fatisfa^Sion in the 
 Court of Aldermen for all Moneys due to him 
 or her; The fame Court, upon Motion made 
 fc>y Mr. Common Sergeant^ doth conftantly order, 
 That all Bonds entred into for the payment of 
 fuch Orphans Portion (hall be delivered up, and 
 cancelled ; and if rfhe Security became bound 
 by Recognizances, the Clerk of the Orphans \f^\\{ 
 crofs and difcharge fuch Recognizances, for 
 which his Fee is 2 s. upon each Recogni- 
 zance. 
 
 The Widow of every Freeman , if (lie ftall 
 ^e Executrix or AdminiOratrix of hcrHuiband's 
 Jbftate, ought b}? theCuftomof /.w^f^^o exhi- 
 bit aTrue inventory of her Hueband*£ Eftatein- 
 tp ti;is Court before |he contradl Manjage, other - 
 
 ■"■■■■ ...■,.■■■: ^ .. -r 
 
 \V!:; 
 
in' London. '29 j 
 
 wife the Court of Aldermen may impofe a reafo- 
 nable Fine upon fuch Executrix or Adminiftra- 
 trix, to the ufe of the Orphans of fuch Free- 
 man. 
 
 To prevent Abufes that fometimes happen to 
 Freemens Eftates in prejudice of Orphans by Ex- • 
 ecutrixes and ASminiftratrixes not giving an In- 
 ventory in due time after the Teftators Deceafe, 
 thQCourt of Aldermen have made an Order, Not 
 to allow any finding Money or Intereft, for any 
 Money that (hall be paid into the Chamber of 
 London by any Executor or Administrator belong- 
 ing to any Freeman's Esiate^ untill fuch time as 
 the Executor or Adminifirator of fuch Freeman 
 do bring in, and exhibit upon Oath a True and 
 perfeA Inventory to his knowledge of all the 
 Goods, Chattels, Plate, Jewels, ready Money, 
 and Debts, which did belong to fuch Freeman 
 at the time of his Death. 
 
 Therefore it is the intereft and advantage of 
 all Executors and Adminiftrators of Freemen to • 
 exhibit Inventories of the Eftates of fuch Free- 
 man within the time limited and appointed by 
 the Court of Aldermen for the doing thereof, 
 efpecially fuch as (hall leave no greater Eftate 
 than to pay their Debts : For if upon the bring- 
 ing any Inventory into the Court of Aldermen, 
 it fhall appear to the Court, that the Teftator 
 did not leave more Eftate than to pay his juft 
 Debts, in fuch cafe the Court will difcharge fuch 
 Executor or Adminiftrator of the Recognizance 
 he gave for exhibiting an Inveiuory without 
 paying any Fee to any Officer whatfoever: Pro- 
 vided fuch Executor or Adminiiirator bring in 
 fuch Inventory, when he (hall have notice from 
 Mr. Common Crier fo to do. 
 
 U 4 Note, 
 
ip^* Orfhans Court 
 
 Nofe, The Court of Aldermen do commit the cuflody 
 of Orphans to fuch ferfon or ferfons as they (hall 
 thwk fit ; and if any perfon Tvhatfoever do inter- 
 marry with any Orphan "without the confent of the 
 
 • fame Court fir (i obtained, fuch perfon may he fined 
 by the f aid Court, according to t&i Quality and Por- 
 tion of the Orphan, and unleJS fuch perfon do pay 
 the Fine, or give Bond to pay the fame in fome rea- 
 sonable time, the Court of- Aldermen may commit 
 
 , him /o Newgate, there to remain until he fubmit 
 to their Order: And although fuch perfon fhall have 
 ten times a better Eflate than the Orphan he inter- 
 marries, yet he muf: fubmit to pay fuch Fine as the 
 Court fhall impoje upon him : But if he fettle an 
 
 ■ Eflate upon the Orphan as the Court pall direB^ 
 and make application to the fame Court by Petiti- 
 on tjD have the Fine remitted, they will in probabi- 
 lity jhen> favour to fuch perfon, as they have done 
 in the like Cajes. ^ 
 
 This Cuftom , it's faid , hath been adjudged 
 reafonable, and was argued in the Court of 
 Kings Bench, in the Cafe of a Mercbant that had 
 a good Eftate,who intermarried with an Orphan 
 without the Confent of the Court of Aldermen : 
 The Orphan had but 200 /. or thereabouts in the 
 Chamber of London, but her Portion was 800 /. 
 and upon hearing the matter in the Court of Al. 
 dtr?nen, the Merchant did feem to juftifie himfelf 
 becaufe he had the confent of rheOr;?-6^»iRelaii. 
 ons, thereupon the Court order'd liim to pay 
 40 /. as a Fine, which he refufed, and was com- 
 mitted to Nev'gate : And after foraeconfiderable, 
 time he brought a Habeas Corpus^ which was al- 
 lowed, and the caufe of his Imprifonment re- 
 ^orned ; and upon perufal of the Retorn, and 
 
 • after long debace had by Counfd on both fides, 
 
 *' ' ' ■■-■■. ^,^^ 
 
in London. 207 
 
 the Court of Kivg's Bench remanded the Gentle- 
 man back to Prifon, and direded him to fubmit 
 to the Court of Aldermen ; which he did by pay- 
 ing the Fine, and was thereupon difcharged ; 
 but upon his humble Suit to the Court, a great 
 part of his Fine was returned. 
 
 When an Inventory is exhibited in thisCo«rf, 
 and the Orphans can prove any Goods omitted 
 or undervalued, or any Debts charged to be qjv- 
 ing from the Deceafed, which were not real and 
 juft Debts, in fuch cafe the Clerk, li^on Com- 
 plaint made, will fumraon a Jury to enquire 
 whether the Inventory fo exhibited, be a true 
 and perfed Inventory, or not? And if the Jury 
 find any Omiflions , Undervaluations , or Sur- 
 charges, then the fame Clerk will fue the Exe- 
 cutor upon the Bond he gave for exhibiting an 
 Inventory , and will thereby compel him to 
 make good to the Eftate fo much as ftiall be 
 found by the Jury to be omitted, undervalued, 
 or furcharged, unlefshe can by proof difcharge 
 him (elf thereof before the Court of Alderman, 
 who upon application made by an Executor,will 
 examine into the Accompts of fudi Executor, 
 and do right to all Parties, without any-expence 
 to the Executor or to, the Orphans. 
 
 When it fhall appear by any Inventory that 
 many Debts are Ihnding out due to the Decea- 
 fed, the Court of Aldermen do conftantly compel 
 the Executor to give Bond to render a true Ac- 
 compt from time to time when he fhall be there- 
 unto required. 
 
 And it is ufual once in Twelve Months to 
 fummon the Executor to give anaccompt, and 
 if upon the exhibiting thereof it ftiail appear 
 th^r pny Money is due to the Orphans^ the Ex- 
 i. -for. muii either pay the fame Moneys in-o 
 
Orphans Court 
 
 the Chamber of London, or give good Security 
 to pay the fame ; which if he omit or refufc, 
 his Bond will be put in fuit againft him. 
 
 The Method of gtVin^ an Account is of' 
 ter this manner. 
 
 TH E Executor muft write an Accompt of 
 his Receipts and Payments fince the In- 
 ventory exhibited, and give it to Mr. Common 
 Sergeant, who will examine it, and caufe it to 
 be ingroffed, and fet his Hand thereunto, and 
 to a Duplicate thereof for the Executor ; and ' 
 then the Executor muft make Oath before 
 the Court of Aldermen that the Accompt is 
 true. 
 
 Note, That if any Executor cannot give in his Ac" 
 coMpt according to the time mentioned in his 
 Bond , he tnuft apply himfelf to the Court of 
 Aldermen for furtbsr time, which is ufually 
 granted. 
 
 Note, That hy an AB of Parliament made $ & 6 
 W.d^ M. cap. lo. for the raifing a perpetual 
 Fond, to pay the Tearly IntereJ} of 4 1. for every 
 100 1. Principal Money, and of all the Interejt 
 thereof due to any Orphan of the City of Lon- 
 don, or the Executors, Adminiftrators, or Af* 
 fgns of fucb Orphan (in manner as therein is par- 
 ticularly mentioned) j /r is EnaBed, That no per^ 
 fon Jhall be obliged or competed by virtue of any 
 Cufiom within the J a id City, or by Order or Pro- 
 • eefs of the Court of Orphans, to pay into the Cham- 
 ber 
 
in London. 299 
 
 her any Sum of Money y or TerfonalEflatey due, or 
 to be duBy or belonging to an Orphan of any Free" 
 man, any Law or Ufage inforcing the fame not* 
 withftandwg. But this not to be confirued to f x- 
 tend to impeach or prevent ProcejS upon any Recog- 
 mz,ance already given according to the Cu- 
 (lom. 
 
 This Provifion made by the faid A6t, for pay- 
 ment of the faidlntereft Money for ever, (hall 
 be in full fatisfacaion of the Debts and Intercft 
 thereof due to the faid Orphans and Creditors ; 
 and they are to acknowledge fatisfa^on of their 
 refpedive Debts according to the ufual Cuftom, 
 &c. And the City and their Succeffors (by the 
 faid Ad) are acquitted of the fame* 
 
 The Chamberlain or Other Officer, that mifap- 
 j)lies any of the Moneys fo appointed, forfeits 
 treble the Sum to be recovered by any the Or- 
 phans or Creditors that will fue for the 
 fame, in any of his Majefty's Courts of Re- 
 cord. 
 
 Any perfon to whom any Money is payable 
 by this Ad:, may by writing under his Hand 
 and Seal, transfer his Right and Intereft there- 
 in, to be regiftred in a Book to be kept by the 
 Mayor and Court of Aldermen ; And fuch Af- 
 iignee (hall have the Bill, Note, or Writing, and 
 (hall be intituled , and may aflign toties quones , 
 and it (hall not be in the power of fuch perfons 
 Mifho have made fuch Affignments, to releafe or 
 difcharge the fame, or the. Moneys thereby af- 
 figned. 
 
 Note, There is a Vrovlfion in this fad AB, That on 
 application made to the Mayor and Court of Alder- 
 ruen by the Executors or AdminiJ^rators of the Fa- 
 U'tr of jitch Orphan, to pay in, or lof^ge atiy Sum of 
 
 Alcnty 
 
 X 
 
300 Orphans Court 
 
 Money of fuch Orphan in the [aid Cham^ 
 her J and to have the Benefit of the [aid Trovifi" 
 ■ on thereby made, it fiiall be lawful for the [aid 
 Mayor and Alder jnen to pay off the like Sum tofucb 
 ferfon intituled to the /aid Yearly V ay went s , as 
 aforefa'td, as they think fit, not beirg Orphans un- 
 der the age of 21 Tears, and giving three Months 
 notice to , or for the perfonfo to be paid cff ; at the 
 end of which three Months ^ upon payment or ten^ 
 der of the [aid Moneys due for Principal andln^ 
 terefi to, or for the perfon to whom fuch Notice 
 fljall be gi'venj according to the Vrovifion made by 
 the faid A6i, at the Office of the f aid Chamberlain 
 in Guildhall; That from thenceforth the Annual 
 Sum of Money, payable to fuch perfon, to whom 
 fuch Notice^ Vayment or Tender fhall be made, (hall 
 ceafe and determine ; and the fame [hall become 
 due and payable to y or for theufe cfjuch Orphdn 
 who fliall have tpaid in the Moneys for the fame, 
 and fljallbe regifired accordingly, and be affignable 
 as afore faid ; yet the Moneys fo tendred fhall be 
 paid to fuch perfons upon their demand of the fame, 
 and ajjigning or giving a Difcharge for the fame : 
 And the Provtfion made by the [aid AB, Jhall re- 
 main a perpetual Fond for the benefit of the Or- 
 phans of the faid City fucceffively : And the jaid 
 ABfl)3llbe reputed a General AB 5 and the Judg- 
 es upon all Occafions jhall take notice as if it were 
 a General AB of Parliament relating to the whole 
 Kiwdom, 
 
 It is alfo enaded by the faid Ad , That §11 
 Securities given by the Orphans to any Agents 
 or Solicitors to obtain payments of their Debts 
 by Ad of Parliament, or otherwife , (HaII be 
 null and voivl : And the Mzyor Sindi Court ot Aldi - 
 men,, our of riis Revenue fetled by this AB, (hall 
 allovV and p.?y to fuch Agents and Solicirors , 
 
 what 
 
in London, ^ o i 
 
 what they judge may be reafonable, and that 
 to be allowed in the Account of the faid Reve- 
 nue : And if they demand or receive more , 
 than fhall be fo adjudged due to them, they {hall 
 forfeit treble the Sum receiv'd, to be recovered 
 with Cofts of Suit ; by fuch Perfons as will fue 
 for the fame, in any of his Ma jefty's Courts of 
 Record at We^minfter, 
 
 Note, That upon acknoivledging Satisfa&ion, as 
 aforefaid, the Fees to be faid are not to exceed 13 s, 
 4 d. for every Thoufand found. 
 
 # 
 
 THE 
 
JOX 
 
 The Chamherlams Court 
 
 THE 
 
 CHAMBERLAIN'^ 
 
 COURT 
 
 OR 
 
 O F F I C E 
 
 TH E ChamberJain of London keeps his 
 Office in the Chamber oiGuiUhall, and 
 is entruftedwith Orphans Moneys, and 
 the City Cafh, (as is before obferved) ; he is 
 Annually eledted, and gives good Security to 
 the Court of Aldermen to pay, and make good 
 whatfoever Cafli fhall be delivered to him, and 
 once every Year gives an account to Auditors 
 appointed and chofen for that purpofe. He is 
 alfo entrufted with the City Leafes j and all 
 Bonds and Securities taken by the Court of Al- 
 dermen for Or/j)6^»i Moneys. 
 
 He attends at Gmldhall ufually every Fore- 
 noon to Inroll and turn over Apprentices, and 
 to make fuch free as Iia\'^e duly ferved the full 
 Term of Seven Years. 
 
 And 
 
in London. 30J 
 
 And Note] That by the Cuftom oi tendon, Af- 
 
 ■ prentices that are, or jhall be hound by Indenture 
 above the Age of Fourteen Tean, and under the 
 Age of zi, to Freemen of London , for the full 
 Term of Seven years ^ are compellable to ferve the 
 full Term^ and an ABion wtU lie againH the Ap- 
 prentice for breach of any of the Covenants^ as we 
 have before ohftrved, and of which we Jhall here- 
 after Jet down fome Trejidents, But if the Ap- 
 prentice Jioall be tinder the Age of Fourteen Tears 
 at the Time of his binding, his Indenture is not 
 good 
 
 And by the Ancfent and laudable Cuftom of 
 the City of London, every Mafter ought to In- 
 rpll his Apprentice within the firft Year of his 
 Term, before the Chamberlain of London for 
 the time being, who attends every Day at his 
 Office in. Guildhall for that purpofe, as is afore- ^aflgf nede- 
 faid. And if the Apprentice be Inrolled with- aing to Inrol 
 in the firft Year of his Term, the Fee is but 2 s. his Apptenr 
 6 d. But if he ihall not be Inrolled within the ^^c®* 
 firft Year, then fuch Apprentice may be dif- 
 chargedfrom his Matter's Service. 
 
 See before pag. 107, 108. and fee after in this 
 Court the Fref dents. 
 
 By the Late AB for Orphans, * An Appren- 
 ' tice muft pay 2 /. 6 d. when Bound, and j /• 
 'when he is admitted a Freeman,over and above 
 * the ufual Fees. Mlfdemeanor 
 
 If an Apprentice (hall be unruly or diforder- of Appren- 
 ly in his Matter's Houfe, or commit any notori- ^^^e. ^ 
 ous Fault , upon Complaint made thereof, 
 Mr. Chamberlain will fend one of his G^cen for 
 £uch apprentice, and fend him to Bridwell, or 
 otherwife punilh him, according to the nature 
 of the Offence, 
 
 If 
 
304 
 
 The Chamberlains Court 
 
 Mlfufal by 
 Mafters. 
 
 Tarnovers, 
 bjfore the 
 Co-npmy 
 and Chath- 
 
 bsrlaia. 
 
 Firft Maftee 
 tli {"charged, 
 wiJ how. 
 
 If any MaBer fliall mifufe his Apprentice by 
 beating him unreafonably , or with unlawful 
 Weapons, or by neglecting to inftrudl him, or 
 to find him NeceiTaries, upon comp'aint thereof 
 made, Mr. Chamberlain will fend a Summons 
 .for the Mafter to appear before him ; and upon 
 hearing both Parties, will relieve the Apprentice ^ 
 or leave him to take his Remedy againft fuch 
 Ma^er in the Lord Mayors Court. 
 
 If any Freeman (hall refufe to appear before 
 the Chamberlain , being duly fummoned, the 
 Lord Mayor ^ or Mr. Recorder ^ upon Complaint 
 thereof made, will grant a Warrant to appre- 
 hend fuch perfon, and compel him to appeaa; 
 for which ffarrant the Fee is i s. 
 
 Note, When an Apprentice is hy confent of his Mafter 
 to he turned over to another Mafter of the jame 
 Trade, it cannot he done hy any Scrivener ; hut the 
 Apprentice ought fir/t to be turned aver before the 
 Company where bev^as boundy and then to be turn- 
 ed over before the Chamberlain : And it is to be 
 obfervedy that if an Apprentice be turned over by 
 the Company only^ it is no Obligation upoi^^gpe /e- 
 
 cond Ma/ter to keep fuch Appmntice j nor is the 
 Apprentice'compellabk thereby to ferve Juch fecond 
 Master , but May depart from the Service of fuch 
 fecond Mafier at h:s pleafure^ by fuing out bis In- 
 dentures againft his firjt .. Mafter, v^hich may be ^ 
 dfine without the Privity or Kmwledge of the fe^ 
 cond Mafter^ and therefore it is abfolurely neceffary 
 that all Apprentices (homld be turned over before the 
 Chamber lain, for thereby the firjt Mafter is dif 
 charged from him^ and the fecond Mafter obliged 
 to hep h:m ; and the Apprentice will be obliged to 
 fnvi' th'^ Jcccnd Miftsr the full term of the Inden- 
 
 twei l 
 
in London. 
 
 tures I although the fame v^ere mad^sfor nine Tears or 
 
 more* 
 
 it is thought the intereft and advantage of eve-» 
 ry Mafter and Apprentice, when any Difference 
 happens betweer«hem,to refer the Matter to tie 
 Chamberlain f who will freely hear both parties, o^f^rence to 
 and decide the Controverfie for Three Shilling? the Chamber- 
 Charge; viz,. I J. to the .Officer for the Sum- lainberter 
 mons, and 2 #. to the Clerk for the Order : than going 
 Whereas if they proceed at Law for Relief, it ^° ^^^• 
 may probably coft both parties 6 /. if not more, 
 in Charges; and the ConcluHon may be lefsfa- 
 tisfadory than if decided by fuch Reference, as 
 aforefaid. 
 
 In cafe any Apprentice (hall refufe to be In- 
 rolled within the firft Year of his Term , the 
 Mafter may within that Time bring his Inden- Ajfprentlce 
 ture to the Chamberlain or his Clerk, who will ]|^3'''^® 
 Record the fame ; which Record is as good as 
 an Inrolment, and (hall bar the Apprentice 
 from difcharging himfelf There are many Ci- 
 tizens oi London that negled to Inroll their Ap- 
 prentices, and theReafon they ufually^give is, 
 That i^the Apprentice he.lnrolleJ, they are hound to 
 keephm, although he jhall he aJbuf or aGamfler', ^^^^^f^'Xv 
 hut if he is not Inrolledy they can turn him away at fuch as will 
 their fleafure ; but this is a great Mtfiake : For if an not Imoll 
 Apprentice (hall not be Uralledj and the Alaflir turn theirA^pren- 
 him away J the Apprentice may m fuch caje bring bis ^"-*^' 
 ABion upon the C&^nants in his Indenture, and reco- 
 t/er Damages from time to time agairjl the Mafier : 
 And if the Apprentice be Inrolled and turnd away, 
 he mu^ take the fame Courfe againfl his Mafier. If 
 the Apprentice be a Thief, the Majler'may as lav.'fullj 
 turn htm away when he is Inrolled as when he is not 
 Inrolledy for the Inrcllmcnt is no Obligation upon tht 
 
^o6 The Chamherlains Court 
 
 Adafier to keep the Apprentice more than before he was 
 , not InroUed, But by the hrolment the Mafier anfivers 
 the Oath be took when he ivu male fi-ee^ anJohlig- 
 es the Apprentice not to go away at his pleafure And 
 every Mafier ought in Confcience to Inroll his Appren- 
 tice , for otherivife he dtfappoints J he Father.^ who pof 
 Jibly paid the Mafier a conjiderable Sum with his Son 
 Apprentice, and if the Apprentice knows he may leave 
 his Makers Service at his pleajure, it happens very 
 often, (asunder^anding Men have obferved) that he 
 negleBs bis Mafter's Service, and takes bad Courfes, 
 whereby the Father lofes both his Money and his Sony 
 which wight in all probability have been prevented 
 if the Apprentice had been Inrolled, 
 
 • 
 
 Again, Although an Apprentice be Inrolled^ he may 
 
 he dtj charged from his Mafter , in cafe the M after 
 
 Caulcs /^j beatbifn unreafonably without iu ft caufei or in 
 
 wherefore > ^ J ■'r,i- "^ r /r ■ at n- 
 
 an Appren-» ^^J'' ^^^ Majter rtfuje to find htm jufficient JSecejJa- 
 
 tice may be ries ; or if the Mafter turn the_ Apprentice cut of his 
 
 difcharged. Service, or leave off his Trade^ or (hall negleB to in- 
 
 (IruSl his Apprentice , or turn him away j whereas 
 
 many Citiz,ens do believe that if an Apprentice be In- 
 
 roiled, he cannot be dtfcbargedfrom his Mafier for any 
 
 Cauje what ft ever. 
 
 The Manner of fuing out an Apprentices In- 
 denture is thus : 
 Tj » r He niuft brine his Indenture, or a CopY. to 
 
 outthelnden- ^" Actorny in this Court, who will give a Note 
 tures of on or Warrant to one of the Serjeants before men- 
 Apprentice, tloned, to fignifie to the Mafter the Apprentices 
 Intenrion of fuing out his Indenture , and for 
 wh.it Caufe j and four Court Days after will 
 leave a Sun^mcns in Writing at the Matter's 
 Houfi.', for him to ippear in this Court, and 
 fhew caufe why his Apprentice rtiall not bedif- 
 charged. And if the Apprentice fue his Inden- 
 • ture 
 
m 
 
 London. ^o/ 
 
 tureout for not Inrollment, the Mafter may ap- 
 pear, and delay it a fmall time, but cannot pre- 
 vent the Apprentices Difcharge : But if ic be 
 for any other Caufe, the Mafter may appear b^ 
 an Attorney of this Court, and plead, and try 
 the Truth of the .Matter complained of by the 
 Apprentice, and the Mafter need not doubt a 
 fair Try al, the Jurys being all Matters, and the 
 Court conftantly ftiews them all juft and lawful 
 Favour: And if a Verdid pafs for the Appren- 
 tice, or the Mafter, no Cofts will be allowed 
 to either party. 
 
 Note, That an Apprentice, canhot fue out his In- 
 denture againfi a Freeman hut in the Lord 
 Mayor's Courts as is before obferved. 
 
 If an Apprentice fliall be bound for Eight, 
 ^Nine, or Ten Years, and Inrolled, he (hall be 
 \compelled to ferve the full Term, and cannot f^ptttitAC^ 
 be difcharged from his Mafter after Seven Years Bound for ?< 
 Service, unlefs for a very Reafonable Caufe; p.onoytats 
 and it often happens that one years Service, af- 
 ter Seven years fhall be expired , may be very 
 confiderable to the Mafter. 
 
 A Freeman's Widow may take a Maid Ap* 
 prentice for Seven Years, and Inroll her in 
 like manner as a Youth, in cafe (he be -above Ff eeiiian*s 
 Fourteen Years of Age ; but if the Indenture Widow may 
 fliall be made for lefs than Seven Years, Tt is ^^kean^Ap- 
 naught, and againft the Cuftom of loW^w, and P'*""^ 
 will not oblige the Apprentice. 
 
 If an Exchange- Woman or Sempftrefs, that ^ . 
 hath a Husband Free of Umdon, take a Maid vvoman of 
 Apprentice, fuch Apprentice muft be bound to semftt«(». 
 
 X % (be 
 
308 The Chatfiberlains Court 
 
 J 
 
 the Husband, and not for lefs than Seven Years 
 and may be InroUed, and made Free at the expi- 
 ration of her Term, in cafe (he continue fo long 
 unmarried. 
 
 If any Mafter refufe to make his Apprentice 
 Free when the Time mentioned in the Inden- 
 tures is expired, fuch Apprentice may fif he 
 have duely ferved) force his Mafter to make him 
 Free, by fummoning him before the Court of Al- 
 dermen^ or before the Chamberlain of London for 
 the Time being. 
 
 Fees 
 
in London, 200 
 
 Fees due to the City upon the making Free 
 and hrolling Apprentices. 
 
 AN Apprentice made Free, not In- 7 ^. d. 
 
 rolled, the Mafter pays J 13 2 
 
 The Apprentice pays i o 
 
 If not turned over before the ChamO 
 
 • beriain, then the Mafter or Miftrefs ^ '2 q 
 muft pay extraordinary j 
 
 If an Apprentice (hall omit to take his Free- 
 dom 'within convenient Time after his Time .1$ 
 expired , Mr. Chamberlain may impofe fuch 
 Fine upon the Apprentice as he (hall thiak ftc 
 for fuch his Ncgleft. 
 
 X 3' Fees 
 
5 1 o The Chamberlains Court 
 
 Fees due to the Clerk, of the Chamber. 
 
 For every Copy of a Freedom , if by 7 s. </. 
 Service S z ^ 
 
 To the Under Clerk is ufually paid o ^ 
 
 For every Copy of a Freedom, if by") ^ 
 
 Nativity out of London S 
 
 To the Under Clerk o 6» 
 
 For every Copy of a Freedom, if by 7 . ^ 
 Nativity within London j 
 
 To the Under Clerk .^ ^ 
 
 For every Copy of a Freedom that isV 
 purchafed or given 3 ^ 
 
 To the Clerk o 6 
 
 For every jpcond Copy of a Free* ; , 
 
 dom * J 2 6 
 
 Tq the Under Clerk* o 6 
 
 For every Copy of an Inrollment z o 
 
 To 
 
i?i London. 3 1 1 
 
 si J. 
 
 To the Uni6er Clerk o. 6 
 
 For every Indenture that is loft 20 
 
 -For every Search i o 
 
 For every Inrollment 4 
 
 For every Turn-over o 4 
 
 For every Order without a Refe- L 
 rence * ® 
 
 For every Orcjer upon a Refe-V 
 rence j- 2 o 
 
 For every Warrant i o 
 
 For every Summons within 'the Li-? 
 
 berties 5 ' ° 
 
 For every Summons without the Li-V 
 berties . ]• 2 o 
 
 Every Freeman ought to take particular care 
 not to make an Apprentice Free of London, by 
 teftifying for his Service, unlefs fuch Appren- 
 tice (hall have really ferved him : For if he 
 fhall privately turn his Apprentice over to a Fo- 
 reigner, and let the ApprenticeCQtwQ fuch Foreign- 
 er, and teftifie to the Chamberlain that the Ap- 
 prentice ferved a Freeman ; in fuch Cafe the Ma- 
 tter and Apprentice may be disfranchifed, and 
 fined at the pleafureof Mr. Recorder ; and 
 X 4 Mr. 
 
ixz 
 
 The Chamberlains Court 
 
 S-ee before, Mr. Chamberlajn may in fuch Cafe caufe the 
 loj, io6. Freeman's Shop to be fiiut up. 
 
 . Upon the admiflion of every perfon into the 
 Freedom of London, Mr. Chamberlain caufes 
 them to take an Oath as foUoweth : 
 
 The 
 
 ll 
 
m London^ 31} 
 
 T he Oath of every Freeman 
 of the City of London. 
 
 YE fitall ftvear, That ye JhaS be good and true 
 to our Sovereign Lord King William the 
 Third, and to the Heirs of our [aid Sovereign Lord 
 the King, Oheyfant and obedient ye jhall be to the 
 Mayor and Minijiers of this City. The Francbiftt 
 and Cufioms thereof ye jhall maintain , dnd this City 
 keep harrnlejs in that that in you is. Te fhaU be con* 
 tributary to aU manner of Charges within this City, 
 as Summons, Watches, Contributions , Taxes, Tat' 
 lages, Lot and Scot, and to all other Charges, bear- 
 ing your part as a Freeman ought to do. Te jhall co- 
 lour no Foreign Goods under or in your Name, "where- 
 by the King or this City might or may lofe their Cu- 
 jtoms or Advantages, Te [hall know no Foreigner to 
 buy or fell any Merchandize with any other Foreigner 
 within this City or Franchife thereof, but ye jhall 
 warn the Chamberlain thereof, or feme Minijler of 
 the Chamber. Te fljall implead or fue no Freeman out 
 of this City, whilfi ye may have Right and Law 
 'within the fame City, Te jhall take no Apprentice, 
 but if he be free-born, that ts to fay^ 'no Bond-man's 
 Son, nor the Child of any Alien, and for no lejS Term 
 than for Seven Tears, without fraud or deceit ; and 
 within the fir (I Tear ye jhall caufe Jjim to he InroUed, 
 or elfe pay juch Fine as (hall be reafonably impofed up- 
 on you for omitting the Jame. • And after his Tefm's 
 endf within convenient time ( bestjg required) ye 
 jhall make htm free of this City, if he have well and 
 truly Jtrved you. Te jhall alfo keep the King's Peace 
 in your own Perjcn. Te jhall know no Gatherings, 
 Ccnver^ticles rir Cinfpiracies made pgein(l the King's 
 
 feaft , 
 
3 14 Th^ Chamherlams Court y &c. 
 
 Teace, hut ye fliall warn the Mayor thereof y or let it 
 to your power. All tbefe Points and Articles ye (hall 
 well and tru^ keep according to the Laws and Cw* 
 fioms of this City to your power. So God y^u 
 help. 
 
 If a Freeman well confiders his Oath, he will 
 not do any A<ft contrary thereunto for lucre, 
 or to pleafure another. 
 
 When any Freeman's Apprentice is legally 
 difcharge^ from his Mafter, and it is reafona- 
 ble that he fliould have part of his Money again, 
 he may have remedy in the Mayors Court of 
 Equity, as before obferved. 
 
 • j^ 
 
 Here follows Trejidents of "Pleadings hetween Ma- 
 fters and Apprentices, 
 
 AVe- 
 
3»y 
 
 A ' Declaration by a Mafter 
 againft his Apprentice upon 
 bis Indentun y for departing 
 "from his Service without 
 leave , wherein the Cujlom 
 of the City of Londoa is 
 Jet forth. 
 
 tondonfS.Tjr R' queritur dc R. R. in Cuftod. 
 XT.. Marr. e^c. de placito converfci- 
 onis fraft' pro eo, 'viz. quod cum Civitas L. eft 
 & atempbrecujuscontrar. memoria hominum non 
 exiftit fuif antiqua Civitas infra qua m quidem Cl- 
 yitat. talis habctur & a tempore fupradido habe- 
 batur conf.ufitat' & approbat. quod quilibet Civis 
 & liber homo ejufdem Civir. capere pofTet & per 
 totum ffmpus fupradid' capere ufus fuit Scconfu- 
 evit in Apprenticium aliquam perfonam feu aliquas 
 perfonas infra hoc Regnum Anglic nat. exilten* 
 ultra etatcm quatuordecim Annorum& infra etat. 
 vigin^ & unius Annorum per Indentur. inter hu- 
 julmodiApprcntic.cx una parte 6c hujafraod.Civem 
 
 • & 
 
3 1 6 ^leadings for MaJlerSy Sec. 
 
 & liberum hominem ex altera parte fiend' ad dc- 
 ferviend. hujufmodi Civi 6c libero homini dvit' 
 prged. pra termin. 7. Annorum & amplius per hu- 
 iufmodi Indentur. obligat. Et prseJ. talis Appren- 
 tic. per conf. civit. prasd, a tot© tempore cujus con- 
 trar. raemoria hominum non exiftit uiitat' & ap- 
 probat' tent' & obligate exiftit Sc per totum teinpus 
 praed. tent'& obligat' extitcrit & teneri confuevit 
 defervire hujufmodi Civi & libero homini Maglflro 
 fuo^er totum tcmpus Apprenticialitatis Cue f Ao- 
 glice his apprentifhip ) in IndentuiVilla mencio> 
 nat' & content & bene & ridelit' obfervare perfor- 
 mire & perimplere omnes & omniod' racionabil. 
 convenciones in hujufmodi Indenfur, fpec, & con- 
 tent, feu continend. ex parte fua obfervand' te- 
 reud' performind' feu perimplend' concernen* ve. 
 rum juftum & rtdel' fcrvicium di(fti Apprenticil er. 
 ga MagiUrum fuum duran. termin. Apprenticialita- 
 tis fue praei id:' fecund um veram intcntioncm In- 
 dentui' pracJ* acfi hujufmodi Appreniicius fem- 
 pr^re confecSiionis cjuldcm Indentur' fuiflet plene 
 ctatis 2 I Annorum 6c amplius & ii talis Apprenti- 
 cius infringeret aliquam conventionem in eadem 
 Indentur' content' ex putc fua performand' duran* 
 termin' in eadem content' quod tunc Magift. talis 
 Apprenticii haberet tale remsdium verfus cundem 
 Apprcnticium fuum qual'haberet fi talis Apprenti- 
 cius tempore confedlionis Indentur. fue ptaed.forcc 
 plene ctatis 2 i Annorum & amplius: Que quidem 
 conf. ac omnes al, conluetud' in eadem Civit' dc 
 antiquo ulitat- per Dominum Richardum nuper 
 Regem Angliae fecundum in Patliamento tpfius nu- 
 Cuttomscon « P^' Regis apud Wefi. in Com. Midd. Anno regni 
 ficmd. fui fexto tent.tuncMajori &Comunit'&Civibus Ci- 
 
 vil' prxd. & luccefforibus fuis authoritat' & con- 
 fcnfu Parliament' illius ratiticai* 8f confirmat' fuer' 
 
 Cumquc 
 
in the City of London. ^ ^ / 
 
 Cum que per quandam Indentuc' fa(^am apud Ion- 
 don^ viz* in Paroch. &c, (Tali die & Anno) inter 
 prjediftum Richardumadtunc exiften' etatis 14 
 Annomm & amplius & infra etai* 2 1 Annorum, 
 viz* ctatls 15 aiinorum. &• tunc antea exiften' 
 natus infra hoc Regnum Angliae, viz apud Len- 
 don ipxxdi£t' inParochia & Warda pra^did' per no- 
 men R R» &c. Ec cundcm H. R tunc cxi- 
 ften'Clvem & libeium hominem 6c aurifabcum 
 Civitat* praBdi<5l* per noroen B. R. (&c.) cujus 
 alteram partem figillo prsdidi R. jam Dc*f. tig- 
 nat. prxdicft' H. hie in Cur. profert cujus dat' eft 
 eifdem Die & Anno prsedi^us jam De^, pofulffet 
 feipfum Apprentic. cidem H. Civi & aurifabro 
 London' ad difcend' artera fuam & fecum more 
 Apprcnticii deCerviend' a fefto Annunciation' Be* 
 atae Mariae tunc ult. prseterif. ante dat. Indentur- 
 praediA. ufque plenum finem & termin. feptem 
 Annorum extunc proxime fequen. & plenar. conv 
 plcnd. & finiend.duran, quo termin. idem Appren- 
 tic, praefat. Magifto fuo hdeliter dcferviret, fecre- 
 ta fua ceUret, prxceptaque fua licita ubique libent. 
 ageret dampnu. praefat' Magiftro fuo non facerct 
 auc ab aliquo fieri videret quln. ilium ad poHfe 
 fuum impediret aut ftatim didum Magiftrum 
 fuuminde prsftmoneret^bona Magiftriful nondeve- 
 (laret neque ea illicite alicui perfone accommodarer^ 
 fornicationem non committeret neque matrimoni- 
 urn contraheret infra prsedi(^. termin. cart is pic^as 
 alels tabuUs luforiis at a), jocis illicitis non luderet 
 quo didus Magiftei fuus ullum detriment' hab eret 
 cum bonis fuis propr. aut alienis duran. di(^o tcr' 
 minoabfque licent. di(^i Magilhi fui neque emeret 
 reque venderet tabernas non frequentarct nee feip- 
 fum a fervitio didi Magiftri fui die vel noAe illici- 
 te reciderct fed in omnibus tanquam iidel. Ap' 
 • ^ prcn:if 
 
3 1 8 Pleadings for Majlers, Sec. 
 
 prentif, erga didum Magi^hum fuum omnefquc 
 fuos duran. dido termino felpfum gererct. Ec 
 prsfat. Magif}. Apprehtic. fuum prsedid* in eadem 
 arte qua tunc utebatur optimo modo quo poffct 
 docerct & erudiret debita caftigatione, inveniend* 
 dido Apprentiqio fuo ftfficien. vidum potum lofio. 
 nem ledur. 6c apparat. omniaque al. neceffar. 
 fecund um conruCtud. dide Civit. London* 
 difiran. dido termino. Et pro veira perfor- 
 mation' omnium. & fingulotum convention. & 
 agreament' ^praedid' prasdidus R. praedid. 
 H. per didam Indentur* firmit. felpfum obli. 
 gavit prout per eandem Indentur. inter a. 
 Ha plenius apparet. Et idem H. in fado 
 dicit quod tempore confedionis Indentur. 
 praedid. didus H, fuit Givis & liber ho- 
 mo Civit. prssdide (viz. ) arris five Mifterii 
 de Ics aurifabr. (Anglias Goldfmith'sj in- 
 fra Civit' praedid' 8c eadem arte , de les 
 aurifabr. apud London praedid. in Parochia 
 & Warda pradid. exerccn' idem H. uteba- 
 tur. Et idem H. ulrerius in fado dicit 
 quod idem H. tempore confedonis Indentur. 
 praedid. & ante diem impetration. hujus Bil- 
 le fcil. praedid. (tali Die & Anno) fu- 
 pradido apud London' praedid. in Paro- 
 chia 8c Warda praedid. prasdidum R. modo 
 Dcf in Apprenticium fuum & fervicium fu- 
 um recepit ad ipfum in arte aurifa r. quam 
 idem H. tunc utebatur erudiend iecundum 
 formam & cff^dum Indentur. praedid. qui 
 quidem R. apud London' ptse 'id. in Paro. 
 chia & Warda praedid, ab eodem f tah' die Anno 
 fupradido ) cum eodem H. ut Apprenticius 
 fuus remanfit 8c eidcm H. tanquam Magiftto 
 fuo dcfervivit ufque ( takm diem & an- 
 num) 
 
in the City of London. jip 
 
 num) 9c licet idem H. bene 8c fidelit. pei- 
 formavit perimplevit & cuftodivit omncs' & 
 lingular' conventiones & agreament. in In- 
 dentur. prxdidta ex parte fua performand. 
 perimplend feu cuftodiend. fecundum for- 
 mam & effedum Indentigr* ill. idem tamen 
 R. modo Def; non perfomavit perimplevit feu 
 cuftodivit aliqua convention, promillion. feu 
 agreament. in eadem Identur. mention at. ex 
 parte (ua performand* perimplend' feu cu- 
 ftodicnd' fecundum formam & effe(3um In- 
 dentur. ill. Et Idem H. ulterius in fa- 
 <5to dicit quod poft confedionem Indcn- 
 tur. prsdid. & podquam idem H. did* 
 urn R. modo Dcf in fervicium ipfius H. 
 ut prsfertur cepiflet & duran. tempore 
 quo didus R. in fervitio didi H. 
 ut Apprenticius fuus exfiitit & defervi- 
 vit & infra praediA. termin. feptem. an- 
 Borum fcilieet ( tali Die & Anno ) did- « 
 
 I us R. modo Def. apud London' prsedid. 
 
 ' in Parochia & Warda praeflid. fine licentia 
 & voluntat. ipfius H. tunc Magiltri fui a 
 fervitio didi H. tsrmino Apprenticii fui 
 nondum finit. contra formam & eff;dum 
 Indentur. praedid. dece'ffit & receilit & ad- 
 func dc ibidem bona didi Henrici ad va- 
 lenr. decem librarum fine licentia & voluntaf. 
 ipf;us H. contra formam & effedom Indentur- 
 praedid. inordinar, devafiavit ficque prfidid, 
 R. lictt fep us requifit' &c. Conventionem fu- 
 am prsedid. de eo quod idem R. durante 
 termino prasdid. in Indentur. praedid. (upc- 
 lius fpecihcat feipfum a fcrvjcio piaedid H- 
 
 • Mjgiflri fui illici^e non recfderet neque bo- 
 na iffius H. Magiftri fui devalliret neque ea 
 
 ali^ui 
 
3 1 o Pleadings for MaJierSy Sec. 
 
 alicul illicite accommodaret eidem H. non 
 tenuit fed infreglt, Et ill. hue ufque tcnerc 
 contfadlxit & ad hue conttadicit unde idem 
 Hcnricus dicit quod ipfe deteriorat. eft. Et 
 dampnum habet ad vaknt. 50 /. Et indepro- 
 ducit SeAam, &c. 
 
 The 
 
in the City of London. 3 2 1 
 
 The like in Engliih, 
 
 Jgamfl an Apprentice^ upon the Cujlom of 
 London, for departing Us Mafters 
 Service. 
 
 London ff.T^.JV. late of/d^c.) was fummoned to 
 r anfwer J.H. of a Plea that he keep 
 with him the Govenant,^c. and whereupon the 
 fame J. by TiL. his Attorney faith^that whereas 
 the*City of London is an ancient City^ in which 
 faid City there is, and from the time whereof^ 
 the memory of Man is not to the contrary, there 
 hath been fuch a Cuftom ufed and approved> 
 that is to fay, that every Infant being of the 
 Age of 14 years and above, and within the 
 Age of one and twenty years, which Hiould 
 put himfelf an Apprentice to any one 
 within the fame City for the term of feven 
 years or above, to be inftruded in the Art of 
 fuch a Citizen, and with him after the man- 
 ner of an Apprentice to abide for the fame 
 term of feven years, or above, betwixt them 
 agreed, and by his Indenture, \vith his Seal 
 fealed, and in the Court of the Lady Queen 
 holden at Guilbald of the fame City, within 
 one year and one day after the date of the 
 Indenture aforefaid, before the Mayor of the 
 fame City for the time being Enrolled^ had 
 Covenanted with his Mafter to ferve the fame 
 his Mafter after the manner of an Apprentice^ 
 during the faid term of feven years, or above, 
 between the fame Apprentice and his Mafter 
 accorded, is holden and hound to ferve fuch 
 his Mafier after the manner of an Apprentice 
 during fuch term as aforefaid agreed : and if 
 Y fuch 
 
3 21 Pleadings for MafterSy dec. 
 
 fuch an Apprentice by his Indenture fhall Co- 
 venant with his i'aid Mafter, that he during 
 the term between him and his faid Mafter ac- 
 corded, the fame his Mafter fliould well and 
 truly ferve as well in his Art, as in other his 
 precepts Lawful and Honeft wherefoever to be 
 done; and that he damage to his Mafter fhould 
 not do, nor fee to be done, nor from his Ser- 
 vice ftiould abfent nor efloyn himfelf , but in 
 all things like a good and faithful Servant to- 
 wards his Mafter, he fhould behave himfelf 
 during the term betwixt them agreed, and if 
 the Apprentice fhould do to the contrary tHfere- 
 of, and during the fame term of feven years, 
 or above, betwixt him and his Mafter agreed, 
 after the manner of his Apprentiihip well and 
 faithfully fhould not ferve, that the Mafter of 
 fuch an Apprentice fhould have fuch remedy 
 againft the fame his Apprentice as he fhould 
 have, if fuch an Apprentice at the time of the 
 making of his Indenture aforefaid, fhould be 
 of the full Age of one and twenty years and 
 more, and the fame .y. faith, that the afore- 
 faid E. being within the Age of one and twenty . 
 years, that ( is to fay ) of the Age of fifteen 
 years, the two and twentieth day of J. in the 
 two and twentieth year of the Reign of the 
 Lady the Queen that now is atZ,. inthePa- 
 rifhof the blelTed Mary, (&c.) by his certain 
 Indenture made betwixt them, the faid J. of 
 the one part, and the faid E. of the other part, 
 the other part whereof with the Seal of the 
 faid E. figned the fame J. here in Court fhew- 
 eth forth, the date whereof is the fame day 
 and year, had Covenanted with the fame jF.H. 
 [ c^c. as in the Indenture ] as by the fame In- 
 denture Jit more fully appeareth; which faid 
 Indenture within one day and one year next 
 
 after 
 
in the City of London. j 2 j 
 
 after the date of the fame Indenture ( that is 
 to fay) [fuch a diy and year] before A. B. 
 then Mayor of the City o( London at the Guild" 
 ball of the fame City was Enrolle3 of KQCotd. EnroUmasti 
 And the fame J. further faith, that he is, and 
 at the time of the making of th6 Indenture a- 
 forefaid, was a Citizen and Haberdajher of Lon- 
 don, and Inhabiting within the fame City^ 
 and, the Art of a Haherdajher from the time of 
 the making of the Indenture aforefaid hither* 
 to hath Occupyed ; and the fame J. further 
 faith, that he well and faithfully hath per- 
 formed, jjjilfil led and kept> all and lingular the 
 Covenants, Articles and Agreements in the 
 Indenture aforefaid above fpecified on his pa^, 
 to be performed, fulfilled and kept, according 
 to the form and effed of the Indenture afore- 
 faid, by prQtefting alfo, that the aforefaid E, 
 hath not performed , fulfilled or kept any of 
 the Covenants, Articles or Agreements in the 
 Indenture aforefaid above fpecified on his parr, 
 to be performed, fulfilled or kept, according to 
 the form and efFed of the Indenture, afore* 
 
 fiid. 
 
 In fad the fame J. faitji, that the aforefaid Bread aU 
 E. after the aforefaid Feaft of the Purification Udged. 
 of th^ bleffed Mary, in the two and twenti* 
 eth year abovefaid, and before the end of the 
 term of the aforefaid nine years, in the Inden- 
 ture aforefaid above fpecified ( that is to fay ) 
 the fecond day of February, in the thirtieth 
 year of the Reign of the Lady the Queen tbat 
 now isj at London, in the Parifh and Ward a- 
 forefaid, from the Service of him the faid J, 
 without the Licence of the fame J.hx^ Ma- 
 fter did depart, and him the faid J, in his Art 
 aforefaid, which the fame j^. did ufe, further 
 to ferve did utterly refufe, contrary to the form 
 Y * and 
 
324 Tleadings for M^fters^ Sec, 
 
 and effed: of the Indenture aforefaid, and fo 
 the faid E. although often times required the 
 Covenant aforefaid ( for that that the fame E. 
 wich the faid J. in the Art which the fame J. 
 then did ufe, and with him as a Servant, ac- 
 cording to the Law and Form of the Statute 
 in fuch cafe fet forth and provided, to abide 
 and fer>^ from the Feaft of the Purification of 
 the BlelTed Mury, th^n next following after the 
 date of the Indenture aforefaid, until the end 
 and term of one whole year, and fo from year 
 to year, until the end and term of the afore- 
 faid nine years, from thence next fcUowing, 
 and fully to be'compleat and ended Jhath not 
 Ifept with the (aid J. but broken, [ and the 
 fame Covenant to keep with him hitherto he 
 hath denied, and Oill doth deny j whereupon 
 he faith that he is the worfe, an(j hath Da- 
 mage to the value of forty Pounds, and there- 
 fore he bringeth his Sutej^ &c. 
 
 Pleading 
 
 'VaTf. ^^ff- P^^^'^s ^^^^ ^^^^ Indenture, {&c ) as by 
 ^^-e,I^/,.^/' the fame Indenture it more fully appeareth, and 
 Scrnjice, the fame G. faith, that after the making of the 
 That the Writing aforefaid, ^nd before the end of the 
 ^tufrUhi '^^"■' ^f<^r^^^'<^ of feven years then next follow- 
 axoay^ ^,;^ing, ( that is to fay ,) [ fuch a day and <year] 
 that the at L. aforefaid, the faid R. G. did put the a- 
 Jpprentice forefaid T. his Apprentice out of his Service, 
 fui&'d^^^ did difcharge the fame T. of his faid Ser- 
 tillthat v'ce ; and the fame G. further faith, that the 
 thrn. afijrefaid T. from i^ie faid Feaft of St. John 
 Bap'ifi y in the ninth year abovefiid, until the 
 aforefaid fir ft day of Angufi, m the iit/j year 
 abovcfaid, did well and faithfully ferve the faid 
 R. G. as an Apprentice, as well by Sea as by- 
 Land, his Secrets did Conceal, his Precep:s 
 lawful and honeft did willingly every whtre 
 
 do 
 
in the City of London. 3 1 j 
 
 do and fulfill to his ^ower, Fornication or A- 
 dultry he did not commit, nor any Woman 
 he did marry, at Cards, Dice, or any other 
 unlawful Games he did not play. Taverns or 
 Alehoufes of Cuftom he did not frequent, un- 
 lefs about his faid Mafter's bufinefs there to- be 
 done ; Damage or Lofs to his faid Mafter he 
 did not do, nor confent to be done; but the 
 fame to his power did hinder, or by and by give 
 notice thereof to his Mafter; from the.Service of 
 his Mafter either by Day or by Night unlawful- 
 Iy,he did not abfent or detain himfelf,but in all 
 things, as a Good, True, Juft, and Faithful 
 Apprentice,, according to the manner of an 
 Apprentice of the City of London, he did ufe 
 and behave himfelf according to the form and 
 efFed of the Indenture aforefaid, and this he is 
 ready to verifie ; whereupon he prays Judg- 
 ment, whether the faid Plaintiff ought to have 
 or maintain his faid At^tion againft him, &c. RejjUcati- 
 
 The Plaintiff fays he ought not to be bar- ^"' 
 red, &c. becaulfi by protefting that the afore- 
 faid T. hath notobferv'd, psrform'd, fulftll'd or 
 kept any thing in the Indenture aforefaid above 
 fpecified, on his part to be obferv'd, perform'd, 
 fulfill'd or kept, according to the form or ef- 
 * fed of the Indenture aforefaid, as the aforefaid 
 G. above hath alledged, for Plea the fame R. 
 ^ faith, that the faid T. after the aforefaid Fealt 
 of St. John Baptijl^ and before the end of the 
 term of theaforef^iid feven years then next fol- 
 lowing, that is to fay, the aforefaid firft day 
 o{ Augufi, in theabovefaid eleventh year of the 
 Reign of the faid Lord the King that now is, 
 at L. aforefaid, from the Service of him the 
 faid R, agrtinlt the will of the faid R did de- 
 part contrary to the form and effect of the In- 
 denture aforefaidj without this that the fame 
 Y 5 and 
 
} ^ 6 Pleadings for Ma[lers^ 6cc. 1 
 
 R, after the making of c^e Writing aforefaid, ' 
 and before the end of the aforefaid (even years, 
 did put the aforefaid T. out of his Service, and 
 did difcharge the fame T. of his faid Service, 
 as the aforefaid G. hath above alledged, and 
 tnis he is ready to verifie : Whereupon he prays 
 Judgment, and his Debt aforefaid, together with 
 hi» Damages by occafion of the detaining of 
 
 Re'9 nd r ^^^ ^^^ to him to be adjudged, &c. 
 
 Jndljf^. ^^^ ^^ aforefaid G. as before faith, that 
 the faid R. after the making of the Writing a- 
 forefaid, and before the end of the aforefaid 
 feven years, did put the aforefaid T, out of his 
 Service, and did difcharge him the faid t. of 
 his faid Service, as the fame G. hath above al- 
 ledged, and of this he putteth himfelf upon 
 the Country, and the aforefaid i?. likewife. 
 Therefore let the Jury come, i&c.) 
 
 Covenant againft an Apprentice for 
 neglcd:ing his Mafte^s ServicCjand 
 wafting his Money. 
 
 London IT TT*. B. Summon, fu'it ad refpondenJum W. B. in 
 JL flacito conventionis fa5ie. Et unde idem W.# 
 />er W. R. attarnat, juum dicit quod cum prad, T. 
 B. 26. die Feb. anno Regni dom reg nunc feptimo 
 apud C. in parocbin San8ii A. Apoftoli in War da de 
 W. per fcriptum fuum indent at um cujui alteram 
 partem Sigillo ipfius T. B. figiUat' idem W. B. hie 
 in Curiam profert, cujus dat' eji die d^ anno fupra- 
 d ^* per mmen T. B. flii S. B. de L, in Com K. 
 Baker J pcjult feipfum Apprentjcium prafato W. B. 
 per mmen W. h. de L. Grocer, ad art em ejufdem 
 W. B- erudiend' d^ informand\ ac fecum more Ap- 
 frenticif Jui commoratur (^ dtfervitur a f^o St. 
 
 M»Apofio' 
 
of the City of London. j 17 
 
 M. Apofioli nunc ultimo preterit' ante tliSIum z/lceji- 
 mum (extum diem F. vfefue finem termini feptem 
 annorum tunc proximo fequentium f^ plenarie com- 
 fiend* ; praditi^ T. adtunc & ibidem per fcriptwn 
 fuum prad' convenit cum pr^efato W. B. <^uod ipfe 
 per tempus prad* bene d^ fideliter defervtM^ 
 prafato W. B. Magifiro [up, fecreta fua celaret, 
 pracepta fua licit a &' honejfa libenter ubii^'y faceret, 
 fomicationem in dome dicii Magi^ri fui ns^j extra 
 committeretj itffra terminum ptj^ii^um non recede- 
 ret, nee diebus nee no^ibtts fe elmgaret, damnum ei 
 non faceret, nee fieri videret ^uod impediie pcjfity 
 ^uin iUud pro toto pojfe fuo impedirety aut pr^di^um 
 Magifirum fuum inde ftatim premuniret , bona 
 di^i Magijiri fui inordinate non devafiaret, nee 
 alteri accommodaret, fine ejus precepto aut fpeciali 
 mandatOy Tabernas ex confuetud' non frequent aret, 
 nifi (it caufa Mercandifandi, aut commodum di&i 
 Magijiri fui ibidem faciend* Ad Talos neej'^ad Scacca- 
 rium non luderet, unde idem Magifier fuus dam- 
 nam incurreretj matrimonium ne^j contra^' cum a- 
 liijua muliere infra terminum praditi* non contrahe- 
 rety nee cum argento fuo proprio aut alieno non Mer- 
 candizaret fine licentia d^ voluntate dicli Magi[lri 
 fuiy fed bene & fideliter fe haberet in omnibus tam 
 in diSlu quam in faclisy ficut bonus (^ fidelts Ap- 
 prenticius fe habere deberety (&C.) pradiBufej^ T. 
 B. conventionem prad* minime curans, in vigilia A- 
 poflolorum Tetri d^ Vauliy Anno regni pradi^i Do- 
 mini Regis oBavOy apud L. in parochia St. A. A- 
 poftoli & in -warda de W. a fervitio dicli W. B. fe 
 eloniavity per quod idem W. fervitium ipfius T. a 
 praaiBa vigilia Apofiolorum ufq^ diem impetrationis 
 hujus loquele fciciUt^ fS^C.) totalit' anqfit, acfept* 
 lib/ quatuor folid' Sterlingornm de denariis ipfius 
 W. exifien adtunc d^ ibidem infidelit' d^ fuhdoie 
 ac imrdinat^ devaflavit contra exigert convention 
 fue prad' unde idem W. die quod deteriorat* efi 
 ^ Y4 & 
 
5^8 Pleadings for Mdflers, Sec, 
 
 d^ damn' het' ad vaV 20 1. Et inde froduc^fecF, 
 
 ^ Declaration for a Mafter upon an 
 Indenture of Apprenticefhip a^ 
 gainft his Apprentice, for waft- 
 ing the N^fter s Goods^ 
 
 Lond. /fT T ■ L. efueritur de N.R. in Cuflod" Marr , 
 mTm. Sec. de pladto convene fraEl\ &c. fro 
 eo videlicet tjuod cum per efuandam Indenturam^fuHam 
 afud London fviz. , in paroch\(&CC.)tali die, C&cJ 
 inter fr<sed. H. L. per nomen H. L. (&C.) Et pra- 
 fat' N. R. per nomen N. R. (6^C.) cujus efuidem In- 
 denture alteram partem Jigillo ipjim N. figillat^ ge- 
 rert dat' eifdem die d^ anno idem H. hie in Cur 
 prefer t ] Teftat* exlfiit cfuod frad' N . pofuit feipfum 
 Apprenticium pr^fat^ H. L. ad art em ejus cjua idem 
 H. adtunc fcilicet pr£d' tempore corffe^iionis Indent ur 
 prad' utebatur erudiend' d^ fecum more Apprentieii 
 fui commoratur c^* defervitur a Fefio Annunciaeon 
 heate Marie tunc prox futur ufque ad finem (^ ter- 
 min feptem Annorum extunc prox* fequen ^ plc" 
 nar compknd, Et prad' N. R. per Indentur prad. 
 convenit ad &" cum eodem H. L. (juod praditi* N. 
 duran Tcrmino pradiBoprafaf' H. tan^uam Ma- 
 gifiro fuo bene (^ fdeliter deferviret, jccreta Jua 
 c£laret, precept' fua licita df honefia libenter ubiq^ 
 faceretj dampnum eidem H- Magi fir fuo non fi^eret 
 nee ab aJifs fieri fciret quin illud pro pojfe fuo im- 
 pediret aut Jiatim didum H. magi fir um fuum inde 
 pf^mcncret, hona diBi H. Magifiri fui inordinate 
 non devafiaret nee ea alicui illicite accommodaret^ for- 
 mcathnern non committeret, Matrimonium non con- 
 irahsret, ad pMas cartas talgs feu ali'^ua al' Joca 
 
 iuicita 
 
in the City of London. 329 
 
 illicUa non luderet^ahernas non freijuentaret ,cum ho- 
 nis fuu frofr aut alienis durante diSio tefKpore fine 
 I'lccnc diSli Magiftriful non Merchandiz,aret, a jer- 
 'vicio [no prad' non recederet nee fe elongaret fed m 
 omnibus tancjuam bonus d^ fidelis Af^rentic, erga 
 diBum H. Magifirum fuum betngne fe g< reret O" 
 haberet per totum diBum terminum^ Et prad' H. L. 
 per indentur prad' convenst ad ^ cum prafit' N. 
 R. quod prad' H. L. prad' N. Apprentlc fuum in 
 artefua qua idem H. adtunc fcllicetpradlBo tempore 
 confeBionis Indentur* prad] utebatur meliori modo quo 
 fciverit aut pottrit doceret traclaret C" informaret 
 njel doceri (^ informari faceret ^ini'enlendo ei vicium 
 vefiitum lineum laneum Calceos (^ leB^ d^ omnia 
 aV Jibi necejfar* per totum diBum terminum Et ad 
 conventiones pr£d' omnesd^Jingulas in diB'IndenMr* 
 ex parte diBi Apprentic bene O' fideliter tenend' d^ 
 performand* in forma ut fupra idem Apprcntic fir- 
 mii fe cbligajfet per prad* Indentur* pr out per Inden^ 
 tur prad plenius liquet d^ appant Virtute cujus qui- 
 dem Indentur pr£fat' N. Apprentic ip/ius H ( tali 
 die, &C. ) Anno decimo prad' ad defer viend* eidem 
 H. in forma prad' fecundum formam & effeBum In- 
 dentur prad' de'ven ac licet idem H bene d^ jideli' 
 tur performa'vit cmnes conventiones d^ concejjiones in 
 Indentur* prxd* fpec* ex parte fua performdnd* fecun^ 
 dum formam d^ efeBum Indentur prad^ in faBo 
 idem H. die quod poji confeccon Indentur prad' du- 
 ran Termin pr£d* videlicet (tali die & anno) pr ad* 
 H. L. apud London pr£d in parocb* d^ War da prxd' 
 pojjejjionat* fuit de diverjis bonis & Merchandize' ut 
 de bonis d^ Merchandize ipfius H. propr videlicet de, 
 ( &c. here name the Goods ) ad valenc'^ &c. 
 quodijue eodem ET. de bonis d^ Cattal* ill* modo quo 
 prafertur pojf^onat* exiflen pofiea duran Termino 
 pradiB* ( viz. tali die & Anno ) prad* N. tunc Ap- 
 prentic ipfius H. modo quo prafertur exifien apud 
 London pradiB[ viz. in paroch* c^ fVardaprad' bo- 
 
 na 
 
330 Pleadings for Maflers^ &c. 
 
 »a df CataUa iH' particularity fuperius in hac panrte 
 
 recitai prafat^ N. R. per prafat H. L. deliberM^ 
 
 fuer* ad Mercbandizand' pro pradiSl^ H. Magiflro 
 
 fuo &" ad ufum d^ proficuum ipfius H. convert en^ 
 
 Et idem H. ulterius die quodprad^ N. hona df CataU 
 
 la ill' ad ufum d^ proficuum ipjius H. mn converter 
 
 hatfedduran Termin Apprentic fui pradiBi fcili- 
 
 cet ( tali die & Anno ) pradiSl' ( prafat' N. tunc 
 
 Apprentic ipfius H. occajione prad^ exifien ac termin' 
 
 * prad^ tunc duran) apud London praS in parcel) df* 
 
 War da prad^ pr<edi6la bona d^ CataUa d^ Mercban- 
 
 dizas particular it' fuperius in hac parte fpec prefat* 
 
 N. ut premittitur deliherat* jubdole ac inordinat' de- 
 
 vafiabat d^ ea in ufumdf commodum ipfius ^.propr 
 
 adtunc d^ ibidem falfo d^ fraudulenter convertit d^ 
 
 di^ofuit Et fie idem H. die (juod pradiSl* N. con- 
 
 ventionem pradiSi' in Indentur pradlH' fpec de eo 
 
 quod prad' N. duran Termin prad' eidem H. L. 
 
 tanquam Magiflro fm bene d'fidelit' non defer vit ci- 
 
 dem H. non tenuit fed infregit ac ill ei bucufque te- 
 
 nere contradixit d^ adhuc contradic unde die quod 
 
 deter iorat^ efi df dampnumhabet ad 'valenc .100 \. 
 
 Et inde produc feSlam, &C. 
 
 Defen- Et modo, C&c J Et prad' N. defend^ vim df in- 
 
 ^V^^A u ^'"^' q^andof &C. Et die quod prad' H. L f accon 
 
 his Al ft^^ wo»_, &C. ) quia proteflando quod bona d^ catalla in 
 
 delivered narr^ frad^ fuperius fptc non fucr tanti valoris 
 
 him the quant" prad' H. fuperius verfus eum narravit pro 
 
 y°^^^ ^'-^ placito idem N. die* quod bene d^ verum eft quod 
 
 to render f ^^^ H.fuit fajfeffionat' de bonis df cataUts prad' in 
 
 feis Ma- narr pr£d' fpec' ut de bonis O" catallis fuis propr^ 
 
 fter an zc-prout prad' H. per narr fuam pradlH' fuperius fup' 
 
 ^?^^}'^^^fon fed idem N. ulterius die quod pr^d' H. fic inde 
 
 counted ' plftffionat' exlflen pradltlo ( tali di$ d^ Anno ) fu- 
 
 and his pradiSlo apud, &C. deliberaz'it ei^ent N. bona d^ ca- 
 
 M^Qxzc-talla pr^d^ ad eadem bona & eatalltr vendemf df 
 
 cepred his MerchandiZtand' d^ ad rationabii' Cor/iput' inde ei^ 
 
 dem H. cum inde requifit^ fnijf^ reddend' cujus pre- 
 
 textu 
 
♦/ the City of London. j j 
 
 textu idem N. foftea fcilicet e'lfdem die ^ anvo apud 
 London prad' in faroch^ & Warda pr^ed' bona ^ 
 cat alia prad^ diver jis perfonts eidem N. ignot* ad tarn 
 magnum proficuum ^uod potuit'pro diver fs pecume 
 fummis attingen in toto ad f^o \. in peamiis nume- 
 rat* vendidft tfue efi eadem devafiatio (^ venditio 
 honoYum (^ cat allot um prad* unde idem H. fuperius 
 fe tnodo cjueritur Et idem N. ulterius die ejmd ipfe 
 pofiea d^ ante diem exhibitionis bilk prad* fcilicet 
 ( tali die ^ Anno ) fupradi6to apud L. frad^ in 
 paroch' C^ Warda prad^ plene computavit cum prad^ 
 N. fro bonis catallis & Merchandizes prad* fuperius 
 fpec Et Juperinde idem N. f o I. pro bonis catallis 
 C^ Merchandizis pradiB* per ipfum in forma pra^ 
 vendit' eidem H. ad ufum ipfius H. propr adtunc ^ 
 ibidem folvit d^ deliberavit ejuascfttidem 5^0 1. idem 
 H. in plenam contentacon ^ fathfaccon bonorutn 
 catallorum & Merchandiz^arum prad" de eodem N. 
 adtunc ^ ibidem recepit acceptavit d^ habuit Et hoc, 
 &C. unde, &:c. 
 
 ^ The like in Englifli again/l an appren- 
 tice for imbe:^lin^ his Mailer s Money ^ 
 committing Fornication^ and for fre^ 
 quenting TaVerns^ &c. 
 
 ^ Trin. 13. yac. Rot. 725. Brownlow. Quaere, ;/ 
 
 Lon.f[WJ. B. late^f &c, otherwife called ff^. inthiscaji 
 
 ^ ^ B.the Son of jF. B. of &c. was fum- 1/;^^]\ 
 moned to anfwer R,D. * of Ca Plea^ that he kWp fly ^^of a 
 with him the Covenant made between them ) Plea ofco- 
 according to the form and effect of certain In- '^^""^^ 
 dentures thereof made between them, &c. ^^^^trar"totbt 
 whereupon the faid R. by £. JV. his Attorney Urmand * 
 faith; that whereas by a certain Indenture #«^:&c. 
 
 made 
 
3 J I ^lectd'mgs for MaJlerSy See. 
 
 made at L. in the Parifii of St. M B. in the 
 Ward of C. the four and twentieth day of Au- 
 gufi, in the tenth year of the Reign of our 
 Lord the King that now is, between rfhe faid 
 W. by the name of W. B. Son of J. B. of F. in 
 the County of S. of the one part, and him the 
 faid R. by the name of R. D. Citizen and Gird- 
 le of L. of the other part, the other part 
 ^ whereof figned with the Seal ^of the faid ff^. 
 the faid R. D. bringeth here into Court the date, 
 whereof (is the fame day and yearj it is Wit- 
 neffed, that the faid W. had put himftlf an 
 Apprentice to the faid R. then Citizen and 
 Girdleroi London, to learn his Art which he 
 then ufed, and with him after the manner of 
 an Apprentice to live and ferve from the day 
 of the date of the faid Indenture, until the 
 end and term of feven years, from thence next 
 enfuing, and fully to bq^compleat and ended, 
 during which faid term the faid W. fhould well 
 and faithfully ferve the fame R. his Mafter, his 
 Secrets ihould keep, and his lawful and honeft 
 Commands willingly every where fhould do. 
 Damage to the fame R. his Mafter he fhould 
 aot do, nor fuffer to be done of others; but 
 that he fhould hinder the fame according to his 
 Ability, or prefently fhould premonifh his faid 
 Mafter thereof, the Goods of his faid Mafler 
 inordinately he fhould not waft, neither fhould 
 lend them to any one ur^awfully ; he fhould 
 not commit Fornication, nor Contrad: Matri- 
 riony, at Dice, Cards, or any other unlawful 
 Games he fhould not play^ Taverns he fhould 
 nor frequent, he fhould not (tepart nor abfent 
 himfelf from the Service of his faid Mafter, 
 without the licence of tl;e faid Mafter by the 
 faid whole Term; but in all things as a gpod 
 and faithful Apprentice towards fiis faid Ma- 
 fter 
 
in the City of London. 5 5 j 
 
 fter, kindly fhould behave himfelf. And that 
 the faid R. the fafd ff^. his Apprentice in the Arc 
 wherein he then ufed, in the bell way heoughc 
 or fhould know, fhould teach or inform, or 
 caufe to be informed in due mannerjchaftifing 
 and finding unto the fame his Apprentice, 
 Meat, Drink, Wafliing, Cioathing, Linen, 
 Wollen, Shooes and Lodging, and all other 
 things to him necelTary, according the ufe and 
 cuftom of the City of London, and other the 
 Covenants all and fmgular, as well on the pare 
 of the faid Mafter, as on the part of the faid 
 Apprentice, to be kept and fulfilled in all things 
 in form, as above each of them had bound 
 himfelf to the other firmly by the fame Inden- 
 ture, as by that Indenture more plainly appear- 
 cth; And the faid R. faith, that although he 
 well and truly hath fulfilled and performed all 
 and fingular in the faid Indenture above fpeci- 
 fied, on the behalf of him the faid R. to be 
 fulfilled and performed according to the form 
 and effed: of that Indenture ; protefting alfo, 
 that the faid fP'. hath not fulfilled or performed 
 any the Covenants or Agreements in the Inden- 
 ture aforefaid above fpecified on his part to be 
 fulfilled or perfoi'nied, according to the form 
 or effed of the faid Indenture. In fad the 
 faid R. faith, that the faid fV. after the making 
 of the faid Indenture , and within the faid 
 Term of feven years ( that is to fay ) between 
 the faid four and twentieth day of Augufi, in 
 the tenth year abovefaid, and the twenty fixth 
 day of March, in the thirteenth year of the 
 Reign of our Lord the King that row is at 
 London, in the Parirti and Ward aforefaid, had 
 and received of one E. B. to the proper ufe of 
 him the faid R, i^ pounds, and of i>ne E.W. 
 five pounds, anl of one T.H.^i fhillings and 
 
 four 
 
3J4 Tkdd'mgs for MaflerSy See, 
 
 four pence, by the hands of one J. 5. 6^ {hil- 
 lings eight pence, of one IT. A. 6 pounds i ; 
 fhillings and four pence, of one A. W. Widow, 
 3 5- fhillings, of one H. A. 14 Shillings, of one 
 H. 7- 14 fhillings 8 pence, of one ^. F. 5* 3 
 fhillings 4 pence, of one £ N. 5*3 fhillings 4 
 pence, and of onsJ-S. ij fhillings 8 pence^ 
 of which faid feveral Sums of Money as afore- 
 faid received in the whole, amounting unto 
 the fum of, ( &c. ) the faid fV. after the re- 
 ceipt of the fame, hitherto hath not rendred to 
 the fame R- any account thereof; but thofe 
 Monies to his proper ufe hath difpofed and 
 converted, againfl the form and effed of the 
 fame Indenture ; and the fame R. further faith, 
 that the faid fV. that is to fay, in fuch a day 
 during the time wherein the faid Pf^. was an Ap- 
 prentice of the faid R. and in the 12th year 
 if the Reign of the Lord the King that no'iv 
 is at London, in the Pariih and Ward aforefaid, 
 di4 commit Fornication with on A'L. and got 
 lier with Child againft the form and efFed of 
 the fame Indenture ; and the faid R. further 
 faith, that the faid fV. during the fame time 
 wherein the faid fV. was Apprentice to the faid 
 R that is to fay, ( fuch a day and year) at L. 
 aforefaid, without the Licence and Will of the 
 faid R. did often frequent Taverns, tarrying 
 there a long time, that is to fay. Taverns com- 
 monly called the Popes Head and Kinp Head 
 within the Parifii of Saint G. in the Ward of 
 C. B. againft the form and effedtof that Inden- 
 ture ; and fo the faid R. faith, that the faid W. 
 the Covenants aforefaid for that, that the faid 
 JV. fhould not do damage to the faid R. his 
 Malier, the Goods of his faid Mafter inordi- 
 nately h^ fhould not waft. Fornication he 
 fhould not commit, and Taverns he fhould not 
 
 frequentj 
 
in the City of London. 3 ^ j 
 
 frequent, hath not kept, but broken f •but'Quxre 
 the fame to him to keep hitherto hath denyed, '• ^^f'\- 
 and as yet doth deny) whereupon he faith J^^^fJ/^f'* 
 that he is the worfe, and hath Damage to the 
 value of one hundred pounds, and therefore he 
 bringeth his Sute, &c. 
 
 A(5bion of a Covenant by a Linen- 
 Draper againft his Apprentice, up- 
 on an Indenture of Apprentice- 
 fhip, and breach alledged for waft- 
 ing of the Money received by his 
 hands, and the hands of others. 
 
 Lond.jJ.f^,V.nufer JeG.in Com.S.Linen-Draper all- 
 Kj as ^;V7«iG.P.Son of G.P.of (&c.; Yeo- 
 man, Summon fuit adrefpond" R.J. deflito* ijuod 
 teneat conventionem inter eos fa^am fecundttm 'vim 
 formam d^ ejfe^lum efuarundam Indenturarum^nde 
 inter eos confeH', &c. C^ unde idem R. per R. H. At- 
 tornatum Juum die quod cum fer t^uandam Indentu- 
 ram faBam apud London inparochia beate Marie de 
 arcubus in War da de Cheap viceSmo die Februarii 
 Anno regni Domini regis nunc Anglia decimo cujus 
 alteram partem Sigillo pradi&i G, P. flii jignat* 
 idem R. hie in Cur profert cujus dat' eji eifdem die 
 df anno tefiai exiftit quod pradiBus G. P. de (&c.) 
 ex fuo propria voluntario animo d^ cmn conjenfu ami- 
 cor urn fuorum pofuijjet &obligaj]et feipfum apprenti- 
 cium ad & cum pradiUo R. per nomen R.J. Jun de 
 (&C.) Linen-Draper fecum moratnr fcientiam Artem 
 Anglice Trade five facultatem [uam erudire d^ ip- 
 Jum bene & fidelitcr dejervire a die da^ Indent^ 
 prtedi^e quouljue pradi^m G filius accomphret fu- 
 
 am 
 
J ^ 6 Pleadings for Mafters^ Sccl 
 
 am etatem viginti d^ cfuatuor annorum daran ejuo 
 inte^ro termino pradittUs G. P. apprenticius prad Bi 
 R.J. «f ma^ifir fuobene & fideliter deferviret, fc' 
 creta fua celarety preccpta (ua licit a d^ honefta uhit^ue 
 facerety dampnum diclo magifiro [uo non faceret nee 
 feri coTtfentiret fi ill* impcdire pojjit, Tabernas feu 
 domos C ervic Anglice A\Qhouf£S non frecjuentaret^ad 
 joca illicit a non luderet, bona dicti Magifiri Jui inor- 
 dinate non devajiaret neojue expenderet nee ea alicuii 
 per j one accomodaret abjc}U£ licentia dicli Magifiri fui, 
 fornicationem non committetret, n/atrimomum durante 
 dlSlo termino non contraharet neque folemniz,aret nee 
 a Servic diUi Magifiri fui feipfum abfentaret feu 
 prolongaret noBe neejue die abfejue licentia diBi Ma- 
 . gifiri jui Sed in omnibus rebus ut bonus (^ fidelis 
 Ser'vien feipfum gereret d^ ufus foret trga Magi- 
 fir urn fuum (^ familiam fuam tarn in verbis <^ nam in 
 aBis duran pr^diBo termino fecundum ufumd^ con- 
 fuetudinem Ci-vitatis London. Et pradiBus R. J.- 
 Magifier convenijjet (^ cmcejfijfet per eandcm Inden- 
 turam ad e^ cum diBo G. P. fuo Apprenticio docere 
 e^ infiruere vel doceri (^ infirui caujare pradiBum 
 Apprenticittm fuum. duran pnediBo termino in tota 
 jciiittia arte Anglice Trade five facultate pannarii 
 LineiAnglice of a Linen- Draper c^ in qualibet 
 arte Anglice feat & Miflerio adinde pertinen in Op- 
 timo modo (juo ipfe potuit five pofjit cum debito modo 
 Cafiigamen ifi'tknien fbi duran. pradiBo termino 
 Cibum potum d^ veftitum tarn linei c^uam lanei Ca* 
 ligCakeosO'LtB^ Anglice DeddingC^ omnibus ali- 
 is rebus api* tali Apprenticio tarn in egritudine cjuam 
 in Salute d^ duran duobus ulteriis annis pradiBi 
 termini mitteret diB' Apprenticium ujque Londori 
 fid emend" pro fe Mercimon ac in fim diBi termini 
 daret &- deliberaret pradiBo Apprenticio fuo in re- 
 compenfatione f delis Jervicii fui dupllccm apparat' d^ 
 fiovum pallium lati panni lanei apt d^ decen pro 
 tali Apprenticio»babere d^ induere prout per eandtm 
 
 itjdentii" 
 
in the City of London. 3^7 
 
 indent ur am flenius apparet Et Uem R. uUerlus dtcit 
 ^uod pradiilus G. P. fil'iMs tempore confetHonis In* 
 denture pr£diBe fuit etatis fexdecim annorum C^ 
 non ultra videlicet apud London pradiBam in paro- 
 chia c^ IVarda pradiBis Quodejue idem G. P. fiUus 
 fer pradiciam Indenturam -feipfum pofuit d^ obliga^ 
 vit Apprenticium ad eidem R. deferviend' fecundum 
 fcrmam tenorem d^ ^ff^^^ Statuti de Anno ^uinto 
 nuper Refine Elizabeth' in hujujmodi cafa edit' d^ 
 provif, df non aliter cfuod^ue pradiBus G. plius a 
 tempore confeciioni* Indenture pradiBa ujcfue ultimam 
 diem Decembris Anno regni diBi domini regis nunc 
 AngUe decimo feptimo d^ pofiea ipfum R. ut Appren- 
 ticium in predlBa arte panni linei Anglice of a Li- 
 nen- Draper Vtrtute Indenture pradiBe apud London ^ 
 in parochia d^ Warda pradidT deferviebat Idem- 
 ^ueK. ulterius dicit quodipfea tempore confeciionu 
 Indenture pradiSie hucufque performavit perimplevit 
 d^ obferva-vlt omnia d^ Jingula in pradiBa Inden- 
 tur fpecificat^ ex parte Jua ferformand^ feu perim- 
 plend' fecundum for?ham d^ ejjeBum Indenture illius 
 In faBo idem R. dicit quod pradlBus G. P. filius 
 fofi confeBionem Indenture pradicte Scilicet inter du- 
 odecimum diem Augufii Anno regni dlcii domini regis 
 nunc Anglie decimo feptimo d^ vicejimum diem Sep- 
 tembris tunc prox* fequet/ apud London in parochia 
 df* Warda pr^dlB* receplt de denarlis ipjius R. par 
 rnanui fuas proprias ac per manus diverfarum alia- 
 rum perfoftar diverfas feperaks fummas monete in 
 toto fe attlngen ad furrimam milk llbrarum quodqut 
 pr£dlctus G. P. fllus pofi receptionem denarlorum 
 pradUiorum fcilicet vicejimo nono die Septembrit 
 Anno decimo Septimo fupradlBo apud Londinum in 
 farochia df Warda pr^dlBis diverfas denariorum 
 fummas in t6to fe attlngen ad fummam ducentarum 
 librarum de pradiBis denariis per ipfum ut prefertur 
 recept^ fubdole infidtliter d^ inordinate devajlavit 
 contra formam & effeBum Indenture pr^diBt ficquf 
 
3}8 ^ Sleddings for Majlers^ ^c, 
 
 fradiilus G. P. filius licet fepius requijit* conventlo- 
 nem pr^edictatn eo quod frad'iBus G- P. Apprenticius 
 iffum R.J. ut fuum Magi sir um duran toto pra- 
 diBo termino bene &" veraciter defefvlret Jecreta fua 
 celaret pr^cepta fua licita d^ honejia uhique faceret, 
 dampfjunt ditlo Magijlro fuo non faceret feu fieri 
 corijcntiret fi ipfe eadetn itnpedire pof[it, T'abernas feu 
 domos cervic Atiglice Alelioufes non frequent aret 
 ad Joca illicita non luderet bona diBi Magifiri fui 
 inordinate non dtvaliaret neque expenderet nee ea alt* 
 cui perfone accommodaret abfque licentia diBi Ma' 
 giftri fui fornicationem non committerel Matrimoni' 
 um duran pradiBo termino non contraberet neque So- 
 lemnizaret nee a Servic diBi Magifiri fui feipfum 
 abfentaret feu prolongaret noBe neque die abfque licen- 
 tia diBi Magrjtri jui fed in omnibus rebus ut bonus d^* 
 fidelfs Ser'uiens je ^ereret d^ ufus foret erga dominui^ 
 fuum &" tot am familiam fuam tam in 'verbis quam 
 in aBis duran toto pradiBo^termino fecundum ujum 
 d^ confuetudinem Civitatts London fecundum for^ 
 mam df ejfeBum Indenture pradiBe eidem R. non te- 
 * ^^uere ^uit fed infregit ( * ac ill' ei tenere hucufque contra- 
 the ufe of dixit d^adhuc contradicit)unde dicit' quod deteriorat* 
 there ^j^ ^ dampnum habet ad 'valentiam ducentarum li- 
 
 , ' brarum d^ inde producit' fectam, &c. 
 Bar hy Et pr^dicius G. P. filim per L. E. Attornatum 
 
 Stat, of fuum 'venit d^ defend^ vim & injur quando, &c. 
 5 hz* Et dicit' quod pradiBusK. ]~ aBionem fuam pra- 
 lliould diBam verjtts eum habere non debet quia protefiando 
 take an f^^od ipfe non receplt de denarix pradiBi R. diverfas 
 Appren- feperaf denariorum fummas ?nonete in toto fe attin- 
 f ^V° ^cw' <id fummam mi lie librarum nee quod ipfe aliquas 
 Trade denariorum jummas ipfim R. fubdole infdeliter feu 
 (but if he inordinate de'vafta'vit j^rcut pradiBus R. per narrati' 
 hQhisSon)onem Juam pradiBam fuperlus fuppo7t^pro placito 
 except the ^•;y^^Q didt auod per quendam ABum in Farlia- 
 rather or • i ,tt • > » *• i at r r » • »• 
 
 Mother of ^^"'^ ^P'^^ ^* ^" ^<"'' Mlddlelex duodecimo die 
 the Ap- Januarii Anno domim Elizabeth' nuper Regine An- 
 
ill the City of London, gjp 
 
 gfie qu'tnto tent' edit* ( inter alia ) provifum ^prentice 
 
 inactitai fuit aathoritate ejufdem Farliamenti mtod "^'^" '^'^. '• 
 ;. ;• • / • I 1 -^ > • 7- • ■ 2 year m 
 
 nm Uceat alicut perjone inbabitan in alicjua ci'vitate i;^^^^ qj 
 
 five 'villa corporat* utenti five exercevti aliquo AH- Tene- 
 fieriorum five artiu'm Angllce Crafcs Mercatoris (ne- ments 
 gotian ) Anglice Traffiking per commercium Anglice ^r^ 
 Traffick five artem Anglice Trade in alicjuas far- be^'certifi- 
 tes trati^marinas Merceri pannaHi Aurifabri ferra- ed by a 
 rii Anglice ' IvonmongQr fegmentar a Anglice Im-J^^'^cQ -of 
 hroiderer, five pannularii Anglice Clothier ^^^P^' /^j^'i 
 aut ponct pannum ad confeBionem d^ venditionem Defen- 
 capere ali<fttem apprentic aut fervien fore infirucl^ fi- dant aver- 
 ve doci* in aliejuihus artium occupatione artium An- [^d.» that 
 glice Crafts five Mijleriorum que ipfe feu ^%«^-» tf? s"°^r* 
 eorum utenturfive (xercentur nifi talis ferviens aut the Plain- 
 Apprenticius fit filius fuus aut alit^ quod pater vel tiff, and* 
 mater talis Apprenticii five fervien haheret ad^^ "?^' 
 ternpus captionu talis Apprenticii five (ervien ter- p ^\ ^^ 
 ras tenement a feu alia her edit amenta clari annul Mother 
 valoris quadraginta joUdorum de ftatu hereditaria hath 40 ;. 
 five liber tenement ad minus fore certifieat' fub ma- P^^ tnvam^ 
 nibus & figiliii trium Jullic ad pacem Corn ubi 
 bumo terr tenemima Jeu bereditamenta jacent fen 
 j.acerenty Majcri Balf aut af Capitali ojficiar ta^ 
 lis Civitat' five ViV corporai ^ fore irrotulat' in- 
 ter recorda ibidem. Et ulterim inaClitat' fuit au- 
 thoritate ejufdem Parliamenti quod oinnes Indentur 
 conventiones promijfiones ^ barganie de aut pro ha^ 
 bente captione five cuflod' alicujus Apprenticii alit' 
 tunc tmpofieru fiend' ay.t rtcipiend' qudmperfiatutuni 
 fradiclum limitatwr ordinatur d^ appuntiuatur pe^ 
 nitus vacue forent ad (hnnes intentiones d^ propofif' 
 prout per eundem atium plenius liquet. Et idem G. 
 ultcrius die quod pradiSta villa G. in Com' S in nor* 
 ratione pradicia fuperius Jpecipcat' e^ d^ tempore 
 confeciionis Indenture pradicte fuit antiqua Villa car- 
 pcrat' incorporat' per nomen Ballivorum Burgcnf (^ 
 Comitat' vil' (^c.) Et quod quidemB. F &Gt 
 
3 4o Tleadings for Maflers^ 8cc 
 
 H. tempore confeEiionis ejufdem Indenture d^ captiO" 
 nis /ipprenticii pr(ediB'i fuerunt BaUivi ejujdem ViUe, 
 &C. Et fjuod pradi&tts R.J. pradicto tempore con- 
 fectionis Indenture pradicto ac captions Apprenticii 
 pradlci inhabit at ^ adhuc Inhitabat infra pra- 
 dictam 'villam Gippi ^ adtunc (^ ibidem uteba- 
 tur ^ exercebatur S" adhuc utitur d^ exercet* Artem 
 panncsril Anglice of a Linen-Draper in eadem -vil- 
 la. Et (juod ipfe idem G. P. modo defendens fait filim 
 pradictiG.P. de, (5cc.) pr^cdicta in Narrationepra- 
 dicta JuperUis nominat' (^ Sufanne uxor ejus ^ 
 non filius pradicti R. J. Quodque noft Certificat* fuit 
 fub munibui trium yuftic pads Ballivis five al* 
 Capitali Ojjiciar Ville de Gippo pradicta <^uod pater 
 'Vil Mater prdidicti G. P. modo defend' habuit terras 
 tmementa feu al' hereditamcnta Annui valoris ^ua- 
 • dragintd jolidorum prout per Statut' pradictumliml- 
 tatur ^ ordinatur Sic<^ue Indentur fradici hie in 
 Cur prolai' (^ in narratiotte pradicta fuperius fpe- 
 cificai' Necnon omnes conuentiones in eadem Indentur 
 content' in forma pradicta fact* vigore Statuti pra- 
 dicti fuerunt O" funt penitus vacue in lege &' hoc pa- 
 rat^ ejl -vcrificare'unde pef' Judicium fipradictus R, 
 actiofiem Juam p'edictam verfus mm habere debeat, 
 &c. 
 Repl' fT. Et pradictui R. dic^ quod ipfe per aliejua preaUe- 
 'I hat the gat' ab actione fua pradicta habend' precludi non di- 
 ^i^^rf r°^ bet ^it*ia die quod pradictus G. P. pater Apprenticii 
 djnt hath t^^'f^pore confection^s Indenture pradictc habuit & Jei^ 
 ro Acres fitus fuit -in dominico fuo ut defeodo de d^ in dectm 
 oi Land acrU tare tunc pertin in, ( 6cc. ) in Corn pradicto 
 ^^^^}^ ^, clari Ajmui 'valaris cjuadrd^int^ Solidorum ultra 
 lue of fepf-if fore Certlficai* fub manibus d^ figillis tri- 
 40 f. uf» Jufie ad pace??) pradict^ Corn ubi predict' terre 
 
 ut prtfertur ',ace?it d^ jacebant pr£fat' tunc Ballivis 
 Vtlle Gipp? pradicti d^ fore irrotulat* inter re'corda 
 iflidsTfj jecundum forma??} effectum d^ 'vtram intenti^ 
 ti.oim 4ctui tradict^ psr auod dicta Indmtura d^ cm- 
 
 ves 
 
in the City of London. 3 4 1 
 
 ties conventiones in eadtm content' in fuo rohoye vigo- 
 re & effectu remanent & exiflimt Et hoc parat" eB 
 ^erificare unJe petit Judicium (jr dampna jua occafjone 
 jractionis cowzjentionis pradicte jibi adjudicari, d>CC. 
 
 * Et pradictus G.P. die ^uod p'adictus G.P. pa- Rejoyn.fT 
 ter ipfius tempore confectionis Indenture pr^edicte non 'That the 
 Seifitus fuit in dominico fuo ut defeodo de df in pr^e- ^^^'l!"" °^ 
 dictis decim acris terre cum pertin modo d^ f^^^^ fiind:i ' 
 prcut pradictus R. fuperius replicando alkgavit d^ the time of 
 de hoc poH Je fuper priam^, &C. » the ma- 
 
 t Et pradictus Kdic' ^uodpr£dictum placitum pra- ^'"?. "^ 
 
 dicti G. P. modo O" forma pr a diet is fuperius rejun- r„ j^„!. 
 .,., J .' . •' * ^ •> inuenrure 
 
 gendo placitat Ac materia in eoaem content minus was not 
 
 (ufficiens in lege exifiit ad ipfum R . ab actione fua Teized in 
 
 frddicta verjus prafaf [f G. P. modo defend' habend' ^^^ ^" '^e 
 
 frecludend' tarn in hoc quod pradictus G. ndn manu- /^^res o'^ 
 
 tenet mater iam in placito fuo pradicto in barram pla- Land 
 
 cttat Set ab eadem materia decejfit (]uam pro defcu prour,d^f . 
 
 fufficien materie in ecdem placito rejimgendo placi- ' , . ^ , 
 
 tat' content' c^uodofue ipfe ad placitum iUud modo d^ Plaintifi '' 
 
 forma fradictis rejimgendo piacitaf neceffe non ha- demurred 
 
 bet nee per legem terre tenetur refponderc ttnde pro i/^-TpeciaUy. 
 
 fectu fufficien placiti pradicti G. P. modo defend' in '• ?,"^" 
 L ^ i ■ ] n ' :, c-f 1. . J ■' , oftheDe- 
 
 foac parte idem R. ut prius pet judicium O* damp- xxxuutT 
 
 na fua occafione fractionis ccJiventionis pradicte fibi 
 adjudicariy &c. 
 
 Et pr£dictus G. P. modo defend' ex quo ipfe Juffi-JoyndQt ^ 
 cien mattriam in lege ad fredictum K. ab actione^'^^^' 
 fua pradicta verfus ipfum G. habeiid^ precludend' f»-^^"^^' 
 ferius rejungendo allegavit cfuam ipfe parat' eji "Jt- 
 rificare t}iiam (juidem materiam pradictus R. non de- 
 dicit nee-ndeant aliijualit' refpond' fet verificationem 
 illam admittere omnino recujat pet' Judicium Et quod 
 pradictus R. ab actione fua predict a verjus ipfum ha- 
 bend' precludatur, &C. Et quia Jufiic hie fe ad'- 
 fifare vohnt de d^ fuper premifis priufquam Judi- 
 cium inde reddant dies dat e/l p.zrtibus pradictis hicDii^ ds» 
 ufquein Qctabis Sancti Michaills. ds nndiend' ind€%is. 
 % 3 Jtidicio 
 
54^ f leadings for Majiers, Sec, 
 
 yudicio fao eo quod ijdem Jufiic hie inde nondunf, 
 
 A Declaration by an Apprentice a- 
 gainft his Mafter, for turning him 
 out of his Service, ^c. The 
 Adtion laid at Nottbizham. vhere 
 the Indentures are fuppoled to be 
 made. 
 
 Nott. K.r^ B. Queritur dc J. P. in Cujtod. Man, 
 ^^ (^c. de placlto (juod ten ci coryuention 
 ini ifjum G. ^ prsfat^ J, fatl. fecundum ruimfoT' 
 ?nam ^ effeBum ejuarundam Indentur' inde inter eos 
 confeB' d^c. Et unde idem G. per H. S. ^ M. M. 
 fjui admijji funt per Cur Dom. Regis hie ad profe- 
 quend' pro ecdem G. infra etUt' exijlen ut proX* amici 
 ipfius G. die cfmd Ci'vitas London' efi Cf a tempore 
 cujus contrar memoria homin non exifiit fuit anti- 
 qua Ci'vitas infra ejuam quidem Civit. talis habetur 
 d^ a toto tempore fupradiiio talis habebatur com 
 ttftat' c^' approbai in eadem videlicet quod, (&C. 
 and fo fcts forth the Cuftom of London to take 
 Apprentices as before obferv'd.) Et idem G. 
 die' quo prad^ J. efi &" continue per J^acium decern 
 AnnoYum integroruni jam ult* elapj. & vicefimo 
 jcxto die Jimii Anno Reg Dom Regis nunc quinto 
 fuit Clevis d^ liber homo Civii praditV de Societata 
 de les Hd-erdajliers London d'T per totum Jpacium 
 decern Anr.orum ufas fttit d^ adhuc utitur d^ cxercet 
 ^pud London' in VarocU Sti. Martini infra Lud' 
 gate in IVarda de Farringdon infra artem five mi* 
 fter de HaberdaJJjer de Hats d^ Caps quodque idem 
 G. prad. vicejimo fexto die Junii Anno quinto fupra- 
 dicto ftiit etat* qiiatmrdecim Annorum df ampH^ 
 
 & 
 
of the City of London. ^ 4 j 
 
 & infra etai 21 Annorum 'viz. etatis fexdecim 
 Anmrttm ac cjuod idem G. nat^ fuit in hoc Regm 
 Angl. 'viz,, apud. N. in Com fradiB^ ejmdque idem 
 G.per mmen G.(&C.) per c^uandam Indent ur fa6l- am 
 apud N. pradiBo 'vicejlij^jetcto die Junii Anno Re^ni 
 diBi Dont Regis nuttt quinto fu^radiSio inter ipfum 
 G. ex una parte &" frad. J. ex altera parte cuj us cjui- 
 dem Indentur alteram partem figiUo prxd. J. Jigillat. 
 idem G. hie in Cur' prefer t cuj us dat^ eH eifdem die 
 d^ Anno pofuijjet feipfum Apprentic pradicio J. per 
 nomen, (d^c.) ad artem ejus erudiend' d^fecum more 
 Apprenticii defer viend* a fefto Nativit* Sti. J0I3 
 Bapt' tunc ult' fraterit* ufque ad plenum finem d^ ter- 
 min' novem Annorum plenar' complend' &" finiend* 
 duran cjuo terfnin diB^ Apprentic prafat' Magijiro 
 fuo deferyiret fecreta fua cu[iodiret pracepta fua li- 
 cit a libenter ubicj'^ facer et damp' eidem Magijiro fuo 
 Tion faceret nee ah aliis fieri 'videret fed pro pojfe 
 fuo impediret aut fiatim Magijiro Juo inde daret 
 monitionem^ bona ejufdem Magijlri fui non devafia- 
 ret nee ea alicui illicite accommodaret Fornicationem 
 non comiiteret Matrimonium infra eundem termin 
 non contraheret ad cartas aleas talcs aut aliqua al* 
 joca illicit a per que diBus M^gijler fuus aliquod 
 dampnum haberet non luderet cum bonis- fuis propriis 
 aut alienis duran diclo tempore fine licenc diBi 
 Magijlri fui non emei* neque venderet, Tabernas 
 non frequent aret nee feipfu?n afcrvicio diBi Magifiri 
 fui die aut noBe illicite abfentaret fed in omnibus 
 tanquam fideV Apprentic feipfum erga diBum Ma- 
 gifirum fuum d^ omnes alios gereret duran diBo ter- 
 tnino, Et prad. Magifier eunde7n Apprentic fuum 
 in eadem arte qua utebatur meliori modo quo potuijjet 
 doceret d^infirueret cum debit* cafiigatione inveniend. 
 eidem Apprentic* fuo efculent" poculent* 'vefiit* leB*. 
 Anglice Lodging d^ omnia necejjar fecundum confu' 
 etud' Civit' prad. duran diBo termino d^ pro 'vera 
 performatiom omnium &fingulorum diB" cmv edition 
 Z 4 & 
 
J 44 Pleadings for MaJlerSy Sec, 
 
 df agreeamtnt' alter farttum dktartim fe obligajjet 
 alter}, per eandem Indent ur frout per eandent Inden- 
 tur inter alia plenius apparet &• idem G. die cjuod 
 licet ipfe bene &• fideliter performavit ^ perimplevit 
 omnes ^ fingulas convenfiones d^ concejjiones in Itt- 
 dentur^ pradiB* fuperi^ts Jpec ex parte Jua in Inden- 
 tur prad' jped* performand^ d^ perlmplend' fecf/in- 
 dum formam ^ effectum Indentur iW prote(iandoq\ 
 (^uod prad. J. mn performavit feu perimplevit ali- 
 ijuas convention feu concejfiones in eadem Indentura 
 fuperim [fee ex parte fua perform and' (^ perimplend* 
 Breach fecundum formam S" effectum ejujdefn Indentur In 
 affign'd. facto idem G. die ejuod ipfe virtute Indenture pr£d* 
 aptid N. prad. a Fejio die NativitaC Sti. Johanm's 
 Baptijle Anno cjuinto fuperdictis ufq\ decimum jextum 
 diem Maii Anno Regni dicti Domini Regit nunc 
 feptimo prof at' J. more Apprenticii fui bene d^ fide- 
 liter confervavit d^ defervivit (juodque prad. J. pofi 
 prad. eund. diem Maii Anno feptimo Jupradicto apud 
 N. pradict. ipfum G a Jervicio fuo abfjue caufa 
 rationabili extrapofiiit c^ expuljtt (^ ad ipfum G. 
 in fervicio Juo ulterim cufiodiend' duran refid' ejuj' 
 dem Apprentic c^ ad artem prtd,. qua idem J. tunc 
 utebatur ulterius docend* d^ informand adtunc df 
 ibidem penitm recufavit d^ non invenicbat eidem G. 
 Apprentic fuo prad. efculent' pocaknt' ve^it. lect. 
 Anglice Lodging df omnia aV mcefjar* duran termi- 
 tio Apprenticialitat' fue prad. fecundum formam df 
 effect um conventionis fue prad. in ea parte in Inden^ 
 tur' prad. mentionat" ficque prad, J. licet fepius re- 
 (jifift* convention prad. de eo quod pr£d. J. eundem 
 Apprevticium fuum in eadem arte qua utebatur wtf- 
 liTri modo quo potuijjl^t docer,et d^ in/hueret d^ inve- 
 niret eidem Apprentic' Juo efculent' pocuknt' veftit* 
 letT Anglice Lodging d^ omnia al' necejjar jccundum 
 cons' Ctvit' London per totum diilum tempus Ap- 
 prenticialitai' praditli G. prad. in forma prad. eidem 
 G. »on tenuit fed infregit d^ ill' ei bucufque tenere 
 
 con- 
 
in the City ef London. 3 4f 
 
 contradixh c^ adhuc contradic unde die quod dete^ 
 riorat^ efi d^ dam^num habet ad 'valenc 60 I. ^ 
 inde froduc fe^anfj &c. 
 
 [The faid Defendant pleads that the Plantiff 
 left his Service without his Licence ; and 
 that he thereupon refufed to receive him a- 
 gain into his Service.] 
 
 Ef fradiBus J. ^tr T. A. f&c) ABion non 
 ( &c. ) quia die quod ipje diu ante p'ad. tempus 
 quo fupponitur ipfum G. pofuijjefe Apprentic frafa^ 
 J. necmn eodem tempore quo, &C. necnon continue 
 extunc hucufq'y fuit liber homo d^ Ci'vis Civii Lon~ 
 don prad. viz,, artis Jive mifterii de les Haber- 
 dafliers London d^ arte five miflerio de les Haber- 
 dafiurs infra eandem Civif (^ non alibi per totum 
 I tempus prad. ufus fuit occupavit (^ exercuit quodqut 
 \ idem J. art em five mifieriitm de les Haberdajhers 
 London fradiElo tempore pradiBe pofitionis ipfius G. 
 \ Apprenticii prafat^ ]. apud L. viz,, in VarocU (&C.) 
 uten occupan & exereen idem G. fnediBo tempore 
 quo, &C. tunc d^ ibidem pofuitfe Apprentic* eidem J. 
 ad art em ejus difefiid' & erudiend' d^ fecum more 
 Apprentic' deferviend' pro prad. termino 9 Annorum 
 prout prad. G. fuperius allegavit df idem J. ulterius 
 die quod pradi^' G. a prad. tempore confeciionis In- 
 dent ur* prad. ufque decimum quint um diem Mail 
 AnnoiRegni Dorrt Regis nunc feptimofupradiBo apud 
 London in Paroch' d^ War da prad. eidem J. ut 
 Apprentic ipfius J. cum eodem]. commoravit & ba- 
 hitavit quo quidem decimo quinto die Maii Anno 
 fcptimo Jupradi^o idem G. illicit e d^ abfque licenc 
 d^ notic ipfius J. apud London in Varoch' d^ War da 
 \ frad. decejjit d^ fe dongavit d^ fe a fervicio ipfius 
 \ J. dpradi^' 2 y die Maii Anno feptimo fupradicio uf' 
 qu& quint um diem Julii tunc prox fequen abfque 
 licenc ipfius J. abfentavit quo quidem quinto 
 
 dig 
 
34<5 ^leaJin^s for Maflers^ &c. 
 
 die yulii Anno feptimo JufradiSio idetthQ. apad 
 
 London prad. in VarocU ^ War da prad. optulit fe 
 
 eidem J. ad eum extunc deferviend. uffm fitfem d'lBl 
 
 termini 9 Annorum quodqtte ipfe idem J. ipfum G. 
 
 infer'vitium fuuw recipere recufavit prcut ei bene li- 
 
 ctiit abjque hoc cjnoi ipfe idem J prod, decimo fexto 
 
 die Mail Anno feptimo fupraditlo apud N. pr^dici^ 
 
 Defend, ipfum G. e fervicio fuo extrapofuit jeu expuljit prout 
 
 traverfes trad. G- fuperius narrand' aUegavit & hoc, &C. 
 
 ^^^J^^unde,^C. 
 
 and Place -,' , . • r ij r - •> ■ 1 r- 
 
 alledged <ff^^ moratur tn Leg & eaujamoration tn lege ftut 
 
 in the De- pro eo quod prad J . in barr fua pradi^^ per traver- 
 
 claration. ji^m fuam deduc diem d^ locum extrapojitionis & ex- 
 
 PlantifF puljionis pradi^i G. afer'vicio fuo in exitu ubi dies 
 
 demurrs c^ locus per prad* G. alltgai non funt traverjibil. 
 
 upon the 
 Traverfe. 
 
 See 7*. 7. Jac 1, rot. fo;. Bro-wnhv/s Office , 
 Covenant brought by J. Apprentice againft 
 V. his Mafter, and breach that he did not find 
 his Apprentice Meat and Drink, &c. — — 
 Barr, that he did find fufliicient Meat, &c. to 
 his Apprentice, until fuch time that he departed 
 from his Service. 
 
 H. 14. Jac. I. rot. 67,. jBr. ^Covenant brought 
 by an Apprentice againft his Mafter, and breach 
 that he did not inftrudl and inform him in his 
 Art. 
 
 T. 19. Jac. I. rot. 2862. Br. Covenant brought 
 by an Apprentice againft his Mafter. Bar, tiiat 
 the Apprentice did depart his Service before 
 the term ended. 
 
 For 
 
of the City of London. j 47 
 
 For receiving and detaining the Plan- 
 tiffs Apprentice, having left his 
 Mafters Service. 
 
 Lond. fT A . B ^ueritur de C. D. in cufiodiA 
 jL\. Marr &C. fro eo videl' tjuod cum 
 frad. C (tali die & Anno) apud London &c. 
 ^uendam E. F. adtunc ^ adhuc Apprentic' ipfius A, 
 {tunc & ibidem exifien ( jcien eundem 'E. fore /^f^ 
 prentic ipfiits A.) a fervicio ipjius A. illicit e recepit 
 O* eundem E. txtra & dfervicio ipjius A. d praJ, 
 
 — die • Anno fuperdiBo ujcfue — -■ 
 
 diem — — tunc prox fequen cu^odivn ^ retinuit 
 C^ adhuc cufiodit & retinet contra -voluntat' ipjius i^. 
 idem^ue C. D. Jcien prafat* E fore Apprentic pra- 
 dict^ A. eundem E. prof at' A. nondum delibera'vit 
 
 licet ad hoc idem C. • die Anno 
 
 fuperdiSo apud London pr^d. in VarocV ^ Wardct 
 frad. per prad. A. re/juijit^ f^'^U'^^ f^^ prafat' E» 
 eidem A. hucujefue deliberare omnmo contradixit df* 
 fidhuc cotit radio per quod idem A. ncn folum fervid- 
 nm pradiBi E. Apprenticii fui per totum tempus prad, 
 ferdidii rverum etiam diverfa grandia Lucra com- 
 moda ^ profcua que ipfe per Jervicium ipjius E. per 
 idem tempus habuijfe percepijfe d^ obtinuijfe potutjjet 
 Jiprad, C. D. prafat' E. a di^o fervicio prad. A. 
 ttcn recepiJJ^t cufiodi'vijfet d^ retinuijfet, totaliter a- 
 mijit unde die quod deteriprat* ejl & dampnum ba- 
 kt ad vaknc 50 L c^ inde froduf Secfam, &C. 
 
 A 
 
348 J^kadingsfor Majlers, Sec, 
 
 f 
 
 Mter for procuring the PlantifFs 
 
 Apprentice to leave his Service ,• 
 and for that the Defendant received 
 and detain d him in his Service. 
 
 A . B. efueritur Je C. D. in cuftodia Marr &C# 
 Lond. jr. jf^ pQ go 'videlicet ojuod cum quidam R. M. (tali 
 die (^ Anno) apud London (S^c.) exifiebat fervien 
 ejufdem A. & infervicio di^i A. tunc exercen artem 
 ae les Cloth-ivorkers htfra Civitat* London prad. 
 eidem A. tanquam Apprentic pro termino feptem 
 Annorum extunc prox fecfuen in arte ill^ deferviend* 
 fecundum coni Civit' London^ pradicf retent' fuit 
 idemcjue R. M. eo pr^stextu in fervlcio iW per Jp^- 
 cium trium Annorum diligent* occupat* d^ ujttaifuit 
 per quod idem A. nonnullos labor es d^ expenfas ad 
 eundem R. M. in arte ill' erUdiend^ diverfimodo ha- 
 huijjet & expendidijj'et praditlus tamen C. D. pra- 
 ntijjorum non ignar machinan pradiB' A. de fervi- 
 ciofervien fui pradi^' ac de eo proficuo commodo ^ 
 advanta£ que ipfe idem A. ratione fervicii fervienf 
 fui prad. habere & percipere potuiffet caUide d^ fuh- 
 dole decipere df defraudare (tali die c^ Anm) apud 
 London pradi^' in Varocl> & Warda pr£d. pradi^' 
 R. M. adtunc fervien ejufdem A. a fervicio prad. 
 fraditli A. exi/len recedere procuravit cujus pra» 
 textu pofieafcilicet (tali die & Anno) apud L. prad. 
 in Var'ocli &■ IVarda prad. prad. R. M. d fervicio 
 ejufdem A. abfque licenc' S' bona 'uoluntai ipfus A. 
 Magijiri fui recejjit idemq\ C. D. (licet bene fciebat 
 ouod prad. R. M. exifiebat fervitn ejufdem A. per 
 dit'erjos Anms adtu7Jc vcntur defervitur' retent* 
 fcilictt quod prad. R. M. adtunc a fervicio ipftus A. 
 Magifiri (ui alfque licentia & bo7ia voluntat^ ipfim 
 A. recejfifb) nihilominm pollea fcilicet (tali die & 
 
 Anno) 
 
in the City 0/ London. j 49 
 
 Anno) prad. afud London frtd' in VarocJj ^ 
 Warda frad.frafat^ R. M. in fervicium fuuni con- 
 tra 'voluntai pradicl^ A. ad eidem C. D. infervicio 
 fuo deferviend. procuravit &• retinuit per ^uod Uetn 
 A. totttm proficmm comwodum & eajlantmt* que ipje 
 ratione fervicii fervientis fui prad. per totum tern" 
 pusfrad. perdidit ^ amifit unde dicit quod deteriorate 
 eji & dampnuTH habet ad vaknc 40 1. & inde pro- 
 due* Se&am, &c. 
 
 Hamhkton verf. Veere Tr'in 21. Car. 2. Rot, i75'o. 
 
 Action fur le Cafe le Plant, declare q lou 
 un Henry Veere vicefimo nono Sept. 
 Anno Regni Regis decimo fexto apud, &c. 
 in Servicio (del Plant') tanquam Apprenticius 
 pro termino novem Annorum extunc prox. 
 fequen. deferviend. in arte Laterarii Anglice 
 a Bricklayer retent. fuitidemqjHenricus Veere 
 eo pretextu in fervicio prfdidlo per fpatium 
 quinq; Annor' diligenter occupat. & ufitat.' 
 f uit ( le dit Defend.) pjsmilfor. non ignarus 
 fed Machinans le Plant, de fervicio fervientis 
 pmrd. ac omni proficuo & commodo que ip(e 
 ratione fervicii illius habere callide & fubdole 
 decipere & defraudare ultimo die O(5iob. An- 
 no Regni Regis nunc -vicefimo primo apud, 
 (&c.) prcedidum Henricum Veere adtunc fer- 
 vientem prasd. dementis (le Plant') a. praed. 
 fervicio ipfius (le Plant') recedere procuravic 
 & abduxit pr^etextu cujus procurationis & ab- 
 dudionis polica ff. primo die Novembris, 
 Anno, (&c.) apud/&c. j praed.Henricus a (er- 
 vicio prsed. Clementis (Jf le Plant.) abfque 
 licentia 8c contra voluntatem ipfius Clementis 
 receffit per quod idem (le Plant.) totum pro- 
 
 ' ficuum 
 
JJ o Court of Common Council 
 
 ' proficuum commodum & eafiamentum que 
 * ratione fervitii fervientis prj:d. per totum refi- 
 ' duum termini pr^rd. ventur' recipere potuiffet 
 *totaliter perdidic & amifit ad damnum del 
 ' Plant. loo /. For which he brought this Acti- 
 on, and upon the general ilTue of Not Guilty 
 pleaded, a Verdid was found for the Plantiff 
 at the Allizes in Efex, and Damages affefs'd 
 generally with Coft of Suit. And now it wa& 
 moved in Arreft of Judgment for the Defendant, 
 that the Plantiff had declared, and had a Ver- 
 did for more Damages than by his own (hew- 
 ing he ought to recover, &c. 2 Saund. 170. 
 
 Judgment was flayed for the uncertainty of • 
 the Damages. 
 • ■ 
 
 Tl^e Court of CommonCounclL 
 
 THis Court is held in the Chamber of Gtnld-» 
 hall, before the Lord-Mayor, Aldermen, 
 and Common-Cq|ncil-Men of the City of 
 London, at fuch times as the Lord-Mayor {hall 
 appoint and dired, it being in his Lordfliip's 
 Power to call and difinifs this Court at his' 
 pleafure. It's faid to have refemblance to the 
 High-Court of Parliament, becaufe it confifts 
 of two Houfes. In this Court are made 
 Laws for advance of Trade, and for the better 
 Government of the City. 
 
 Several Committees are Annually appointed 
 and e!e<a:ed by this Court for the better and' 
 more fpeedy difpatch of the City Affairs, who 
 niake report to this Court of their Doings and 
 Proceedings, as occafion requires, 'viz-. 
 
 1. A Committee of fix' Aldermen and tweU^e 
 
 Commoners, for letting and demifing the City's 
 
 ' Lands and Tenements, who ufually meet every 
 
 IVednefday in the Afternoon at Gutld-ball, for 
 
 chat purpofe, 2, A 
 
in the City of London. 3 5 
 
 2. A Committee of four Aldermen and 
 eight Commoners to let and difpofe of the 
 Lands and Tenements given by Sir Thomas 
 Grefham, who ufually meet at Mercer s-HaU, at 
 fuch times as the Lord- Mayor for the time be- 
 ing direds and appoints. It being the Cuftom 
 to eled the Lord-Mayor one of this Com- 
 mittee. 
 
 3. This Court doth alfo Annually eled 
 Commillioners for the Sewers and Pavements. 
 
 4. This Court doth alfo Annually eled: a 
 Governour, Deputy-Governour and Affiftants, 
 for management of the City's Lands in Ulfler 
 in Ireland, purfuant to the King's Charter^ 
 which it's faid is as foUoweth, viz,. # 
 
 * \T7E will alfo, and by thefe Prefents for 
 *^ VV Us, our Heirs and SuccelTors, do 
 ' Grant, Conftitute, and Ordain, That the a- 
 
 * forcfaid Society of the Governor and Affiftants 
 
 * of London , of the New Plantation in Ulfier^ 
 
 * within the Realm of Ireland, for ever hereaf- 
 ^ ter fhall be Yearly eleded and appointed by 
 
 * the Mayor, Aldermen, and Commonalty of 
 ^ the faid City oiLondony at the firft Common- 
 
 * Council to be holden in the fame City of 
 
 * London, next after the Feaft of the Purifica- 
 
 * tion of the blelTed Virgin Mary, at which 
 
 * time the Deputy of the Governor, and twelve 
 
 * of the fame Perfons which have been Af- 
 
 * fiftants for the Year precedent, fhall be re- 
 ^ moved from their Office, and one other De- 
 
 * puty and twelve other Affiilants fliall be of 
 
 * new named , fupplied, and appointed into 
 
 * the places of the fame Deputy and Affiftants, 
 ' fo as aforefaid to be removed, for the help of 
 
 * the Governor and Affiftants not removed, for 
 
 * One Year next following : And that at the 
 
 'end 
 
3 } 1 Court of Common Council 
 
 ' end of that Year then next following, fuch 
 ' former Afliftants which continued in the 
 ' fame Office in that Year then preceding, ftiall 
 'be then likewife removed, and others Jhall be 
 ' likewife of new named, fupplied, eledled, and 
 
 * appointed into their places, and fo by an in- 
 
 * terchangeable courfe, fo that twelve of the 
 
 * fame Affiftants Hiall be, and continue in their 
 ^ places, during the term of two Years. 
 
 ' And further. We Will, Ordain, and Con- 
 
 * ftitute for Us, our Heirs, and SuccelTorSjThat 
 "^ at a Common-Council in the aforefaid City 
 
 * of London, next afte;r the Feaft of the Purifi- 
 
 * cation of the bleffed Virgin Mary, next after 
 ' the date of thefe Prefents, the nomination 
 
 * and eledion of the aforefaid Governor, Dc- 
 
 * puty, and Afliftants be, and fhall be made in 
 
 * form aforefaid , and fo from thenceforth 
 ' Yearly from time to time for ever. 
 
 Note, A Stranger 'born maybe made Free 
 of this City by Order of this Court, and not 
 otherwife. 
 
 The feveral Places of Common-Sergeant, 
 Town-Clerk, and Common-Crier, are in the 
 Gih of this Court. 
 
 The Judges of the Sheriffs Courts have fome- 
 tl.mes been .eled:ed by this Court, and fome- 
 times by the Court of Aldermen. 
 
 In fome Books it is obferv'd, that after the 
 Deat^i oi J.White^htQ Clerk of the Court of Rc- 
 quefts, commonly called the Court ofConJcience, m 
 Lond.{\m Court did eled and chufc Maj. Gmijfont 
 in his ftead ; but Mr. IVhite was elected by the 
 Court of Aldermen: And always beforeand fince 
 Maj, GunJIones Eledion, the Court of Aldermen 
 have elected the refpedive Clerks of that Court. 
 And it hath been declared by Council Learned 
 
 ' in 
 
in the City of London. 3 j j 
 
 in the Law, That the right of eleAing Clerk 
 of the Court of Requefts is not in this Court. 
 
 The Court of Aldermen, 
 
 THis is a Court of Record, and is held in 
 -*- the inner Chamber of Guild-hall every 
 I'uefday and Tburfday, except Holy- Days, and 
 in the time of Seffions of Goal- delivery. 
 
 All Matters touching Lights, Water-courfes, 
 and Party-walls may be determined in this 
 Court. 
 
 The Aflize of Bread is conftantly appointed 
 by this Court. 
 
 All Bonds and Leales that pals under the 
 City Seal, muft be fealed in this Court. 
 
 Several Places are in the Gift of the Lord- 
 Mayor and this Court, viz*. 
 
 The Recordqi^ 
 
 Sword- Bearer. 
 
 Four City- Council. 
 
 City-Remembrancer. 
 
 Common-Hunt. 
 
 Water-Bailiff. 
 
 City's-Solicitor. 
 
 Comptroler of the Chamber. 
 
 Two Secondaries. 
 
 Four Attorneys of the Lord-Mayor*s Court. 
 
 Clerk of the Chamber. 
 
 Hall-Keeper. 
 
 Three Sergeant-Carvers. 
 
 Three Sergeants of the Chamber, 
 
 Sergeant of the Channel. 
 
 Yeomen of the Chambero 
 
 A a Four 
 
Four Yeomen of the Water-fide. 
 Yeomen of the Channel. 
 Under Water-BailifF. 
 Meal- weighers. 
 Clerk of the City's Works. 
 •Six Young-men. 
 Two Clerks of the Papers. 
 Eight Attorneys in the SherifFs Court. 
 Eight Clerk-Sitters. 
 Two Prothonotaries. 
 Clerk of the Bridge-Houfe. 
 Clerk of the Court of Requefts. 
 ^ Beadle of the Court of Requefts. 
 Thirty fix Sergeants at Mace. 
 Thirty fix Yeomen. 
 ?rhe %,i*ger. 
 
 The Sealers and Searchers of Leather. 
 Keeper of the Green-yard. 
 Two Keepers of the Compters. 
 Jweeper o^ i>Temgate, 
 Keeper of Ludgate. 
 Meafurer. 
 
 Steward of Sottthwark. % 
 
 Bailiff of Southwark. 
 Bailiff of the Hundred of OJJldfion. 
 City Carpenter, and other Artificers. 
 The Rent-Gatherer hath been put in by Mr. 
 Chamberlain. 
 
 IVard^ 
 
in the City of London. 3 y j 
 
 Wardmote Court. 
 
 THefe Courts are like the Hundred Courts 
 in the County; for as thefe wer^ derived 
 out of the County, fo thefe were derived out 
 of the Lord Mayor's Courts which is a Court ■ 
 of Record, and ereded for the better Govern- 
 ment of the City; and the Aldermen of eve- 
 ry Ward had right to hold Leets there. 
 
 Note^ The Lord Mayor doth Annually ilTue 
 out his Precept to the Aldermen of every 
 Wardj to hold his Wardmote for the Eledion 
 of Common-Council-men, and other Offi- 
 cer. The Tenor of which Precept is tt) the 
 efFed: following. 
 
 To the Alderman of the 
 Ward ofy &c. 
 
 ' 'iXT'E charge and command you, that M^-Wardmnti. 
 
 ' W on St. Thomas day the Apoftle next 
 
 ' coming, you do hold your Wardmote, and 
 
 ' that you have* afore us at our General Court 
 
 ^ of Aldermen to be holden the Tuefday next 
 
 coming, all the Defaults that Ihall be prefented 
 
 afore you by Inqueft in the faid Wardmote ; 
 
 and the faid Inqueft fhall have full Power and/«^«?y? /,r 
 
 Authority by one whole year to enquire and the year. 
 
 ' prefent all fuch Defaults as iliall be found 
 
 ' within your faid Ward, as oftentimes as /hall 
 
 ' be thought to you expedient and needful, 
 
 * which we will (hall be once every Month at 
 *the leaft. 
 
 2. ' And if it happen any of your^id In^inqueji 
 
 * queft to die, or depart out of your fara Ward^J"»^' 
 [ within the faid year, that then, in place of 
 
 A a 2 him 
 
3J<^ 
 
 
 Watch, 
 
 Light, 
 
 Common' 
 Council: 
 
 Sca'-jrii- 
 grrs. 
 Beadle. 
 R,tbr. 
 
 Wardmote Courts 
 
 * him or them fo dying or departing out of 
 
 * your fa id Ward, you caufe tobechofen one 
 
 * able Perfon in his ftead, to enquire and pre- 
 ' fent with the other in manner and form a- 
 **bovefaid. 
 
 5. * l\nd that, at the faid general Court, 
 
 * you give afore us the Names and Sirnames of 
 ' all them of your faid Ward that come not 
 ' to your faid Wardmote, if they be dul^ warn- 
 ' ed^ fo that due redrefs and punilhment gf 
 ' them may be had, as the cafe fhall require, 
 ' accorcJing to the Law. 
 
 4. ' And that you d^ provide, that at all 
 
 * times convenientj a fufficient watch be kept : 
 ' A.n'i that Lanrhorns with Light by nightertail 
 
 * in o'd manner accuftomcd be hanged forth ; 
 
 * And cluu no Man go by nightertail without 
 
 * Light, nor with Vizard, on the peril that be- 
 
 * longeth thereto. 
 
 5". * And alfo thatjou do caufe to be chofen 
 ' . . . men , of the moil: fufficient , honeftr, 
 
 * and difcreec Men of your faid Ward, to be 
 ' for your faid Ward of the Common Council 
 ' of this City for the Year enfuing, according 
 
 * to the Cuftom in that behalf yearly ufed. 
 
 * And alfo that you do caufe the faid Men, 
 ' fo to be chofen to be of the Common Coun- 
 
 * cil, to be fworn before you, and in your pre- 
 ' fence, according to the Oaths and Declarati- 
 ' ons by them for this purpof" ufed and accu- 
 
 * Aomed. 
 
 6. 'And that alfo in the faid Wardmote, 
 ' you caufe to be ciiolen certain other honeft 
 ' l^erfons to be Conftables and Scavengers , 
 ^ and a Common Beadle, and a Raker to make 
 
 * clean the Streets and Lanes of all your faid 
 
 * WardJIaccording to the Cuftom yearly ufed 
 ' ifi that bejialf ; Which Conftables have, and 
 
 (hall 
 
in the City of London. 357 
 
 ' fhall have full Power and Authority to Di- 
 
 * ftrain for the Salary and Quarterage of the 
 
 * faid Beadle and Raker, as oftentimes as ic 
 ' fnall be behind or unpaid. 
 
 7. ^ Alfo that you keep a Roll of the NatneSj RsHof 
 
 * Sirnames, Dwelling-places, Profedions and A'*r'j--. 
 'Trades of all Perfons dwelling wichin*your 
 
 * Ward, and within what Conftables Precindt 
 ' they dwell, wherein the place is to be fpeci- 
 
 * ally noted by Street, Lane, Alley, or Sign. 
 
 8. ^ Alfo that you caufe every Conibble c*;//?*;.'^ . 
 ' from time to time to certifie unto yoiL the 
 
 ' Name, Sirname, Dwelling-place, Profedion 
 
 * and Trade of every Perfon who fiiall newly 
 
 * come to dwell within his Precind, whereby 
 
 ^ you may make and keep your Roll pepfed .- Riii 
 ' And that you caufe every Conftable for his 
 
 * PrecinA, to that purpofe, to make and keep 
 ' a perfeft Roll in like manner. 
 
 9. * Alfo that you give fpecial charge, that inholder. 
 
 * every Inn-holder and other perfon within f^^**"- 
 
 . * your Ward, who fhall receive any Perfon to ^''^'"*'^^^' 
 
 * Lodg or Sojourn in his Houfe above two days, 
 
 * /hall before the third day after his coming thi- 
 
 * ther, give knowledge to the Conftable of 
 
 * the Precind, where he fhall be fo received, 
 
 * of the Name , Sirname , Dwelling-place , 
 ' Profeffion and Trade of Life, or place of Ser- 
 ' vice of fuch ■ Perfon, and for what caufe he 
 ' fhall come to Refide there : And that the faid 
 
 * Conftable give prefent notice thereof co you. 
 
 ' And that the faid Inn- holder lodge no fuf- 5«/W 
 ^ peded PetfoHj or Men 'or Women of evil Pt-rfons. 
 ' Name. 
 
 10. * Alfo that you caufe every Conftable -^f'"^'^- 
 ' within his Precind, once every Month at 
 
 * the furtheft, and oftner, if need require, to 
 ^^ make diligent fearch and inquiry^ what Per- 
 
 A a J fons 
 
358 
 
 Prank- 
 fledge. 
 
 BiadU. 
 
 Stocks, 8cc. 
 
 Fne. 
 
 Streets, 
 
 ? Wardmote Courts 
 
 fons be newly come into his Precin<5t to 
 Dwell, Sojourn or Lodge: And that you 
 give fpecial charge, that no Inn-holder or 
 Perfon fhill refift or deny any Conftable in 
 making fuch fearch or inquiry, but Hiall db 
 his beft endeavour to Aid and Affift him 
 thei^in. 
 
 11. ' And for that of late, there is more re- 
 fort to the City of Perfons f.vil-affeded 
 in Religion and otherwife than in former 
 times hath been : You (hall diligently inquire 
 if any Man be received to dwell or abide 
 within your Ward, that is not put under 
 Frank pledge, as he ought to be by thecuflom 
 of the City : And whether any Perfon hath 
 continued in the faid Ward by the fpace of 
 one year, being above- the Age of twelve 
 years, and not (worn to be faithful and loyal 
 to the King'sTvlajefty, in fuch fort as by the 
 Law and Cuftom of this City he ought to 
 be. 
 
 12. ' To afl thefe purpofes the Beadle of e- 
 very Ward {hall employ his diligence, and 
 give his beft furtherance. 
 
 13. * Alfo you are to take order, that there 
 be provided" and fetup a pair of Stocks and a 
 Whipping' Port in fome convenient place in 
 every Parifh within your Ward, for the pu- 
 nifhing of Vagrants and other Offenders. 
 
 14. 'Alfo that you have fpecial regard that 
 from time to time there be convenient provi- 
 fion for Hooks, Ladder^,. Buckets, Spouts, and 
 Engines, in meet, placss within, the feveral 
 Pari(hes of your Ward, for avoiding the pe- 
 ril of Fire. 
 
 15-. *" Alfo that the Streets apd Lanes of this 
 Cicy be from time to time kept clean before 
 every Church, Houfe, Shop, Ware-houfe, 
 
 Door, 
 
iier. 
 
 in the City of London. 559 
 
 * Door, Dead-wall, and in all othfer common 
 ' PalTages and Streets of the faid Ward. 
 
 16. ' And wh^ by divers Acfts of Com- 
 ' mon-Council, amretime made and eftabliOi- 
 ^ ed for the Common weal of this City, a- 
 ' mong other things, it is Ordained and Ena<S- 
 ' ed, as hereafter enfueth : 
 
 ^ Alio it is Ordained and Enacted, That from H^ckflers 
 Mienceforth no Huckfter of Ale or Beer b^of jkand 
 '■ within any Ward of the City of London^ but s.^ 
 ^honeft Perfons, and of go«d Name and 
 ^ Fame, and fo taken and admitted by the Al- 
 
 * derman of the Ward for the time being ; and 
 ' that the fame Huckfters do find fufficient 
 
 * furety afore t4ie Mayor and Aldermen for 
 ^ the time being, to be of good guiding and 
 ^ rule: And that the fame Huckfters (hall keep 
 ' no Bawdry, nor fuffer no Lechery, Dice- 
 'playing. Carding, or any other unlawful 
 
 * Games to be done, exercifed or ufed within 
 
 * their Houfes : And to ihut in their Doors at 
 ^ nine of the Clock in the Night, from Ml- 
 ' cbaelmas to Ea/ierj and from Eaiier to Micbael- 
 
 < tnas, at ten of the Clock in tlie Night, and 
 f after that hour fell no Ale or Beer. And if 
 ' any Huckfter of Beer or Ale, after this Ad 
 ' publifhed and proclaimed, fell any Ale or 
 
 < Beer within any Ward of the City of London, 
 f and be not admitced by the Alderman of the 
 
 < fame Ward fo to do, or find not fufficient fure- 
 f ty, as it is above rehearfed, the fame Huck- 
 f fter to have Imprifonment, and make fine . 
 
 < and ranfom for his Contempt, after the dif- 
 
 < cretion of the Lord Mayor and Aldermen : 
 
 < And alfo that the faid Huckfters fuffer no 
 c manner of common Eating and Drinking 
 
 < within their Cellars or Vaults, contrary to 
 f the Ordinance thereof ordained and provided. 
 
3 6b Wardmote Courts 
 
 ' as in the faid Ad more plainly appeareth at 
 ' large. We charge you that y^u put the fame 
 
 * in due execution accordijgly. 
 
 Meafures . I?. ' And alfo that ye (ee all Tipplers^ and 
 fealed. ^ Other fellcrs of Ale or Beer, as well privy 
 
 * Ofteries, as Brewers and Inn-holders, within 
 
 * your Ward, not felling by lawful Meafures 
 '(ealed and marked with the City Arms or 
 'Dagger, be prefented, and their Names in 
 ^ your faid Indentures be expreiTed, with their 
 
 * Defaults^ fo*that the Chamberlain may be 
 
 * lawfully anfwered of their Amercements. 
 stravgers i8. / And alfo that you fuffer no Alien, or 
 bsrtt, « Son of any born an Alien, to be of the Com- 
 
 * mon-Council, nor to exercift or ufe any o- 
 
 * ther Office within this City, nor receive orac- 
 ' ceptany Perfon into your Watch, privy or 
 
 * open, but Engli(hmen born : And if any Stran- 
 
 * get born out of this Realm, made Denizen 
 ' by Letters Patents, or any other after his 
 
 * courfe or lot be appointed to any Watch, that 
 
 * then ye command and compel him or 
 ' them to find in his ftead and place, an Eng- 
 
 * lifliman (to fupply the fame. 
 
 19. * And alfo that you caufe an Abftraft of 
 
 * the Aflife appointed by A<5t of Parliament for 
 
 * Billets and other Fire- wood, to be fair writ- 
 
 * ten in Parchment, and to be fixed or hanged 
 ' up in a Table, in fome fie and convenient 
 ^ place in thaPariiTi within your Ward, where 
 
 * the common People may beft fee the (ame. 
 strcfts. ^ 20. ' And fuythermore, we charge and com- 
 PaiH ^o s. s ,-j^3f^^ yQu_^ tj^3f yQ^ caufe fuch provifion to 
 
 ' be had in your faid Ward, that all the Streets 
 ' and Lanes within the faid Ward, be from time 
 
 * to timecUanfed and clearly voided of Ordure, 
 ' Dung," Mii:e, Rubbi/h, and odier filthy things 
 ' whatfoever , be to the Annoyance of the 
 ' Kings Majefties Subjedts. 21. And 
 
in the City of London. 3 6 1 
 
 21. * And alfo that at all times as you fLall yagrants. 
 think neceffary, you do caufe Search to be 
 
 Hiade within your faid Ward for all Vagrant 
 Beggars J fufpicious and idle People, and fuch 
 as cannot fhew how to live, and fuch as rtiall 
 be found within your faid Ward, that you 
 caufe to be punilhed, and dealt with accor- 
 ding to the Laws and Statutes in fuch cafe or- 
 dained and provided. . 
 
 22. ' And alfo we Will and Charge you the jjtrymen. 
 faid Aldermen, that your felf certifie and pre- 
 
 fent before us at the faid general Court, to be 
 holden the aforefaid Munday next after the 
 Feaft of the Epfbany, all the Names and Sir- 
 names truly written of fuch* Perfons within 
 your faid Ward, as be able to pafs in a Grand 
 Jury by themfelves : And alfo all the Names 
 and Sirnames truly written of fuch Perfons 
 being and UVvv:::;.ig v/ithin your faid Ward, 
 as be able to pafs in a Petty Jury by them- 
 felves : That is to fay, Every Grand Juryman 
 to be worth in Goods an hundred Marks, and 
 every Petty-Juryman forty Marks, according 
 to an Aft in that cafe ordained and provided : 
 And the fame you (hall indorfe on the backfide 
 of your Indenture. 
 2;. * Item, for divers reafonable and ur- Harlttt, 
 gent Confiderations us efpecially moving, we 
 ftraightly Charge and Command you on the 
 King our Sovereign Lord's behalf. That you 
 diligently provide and forefee, that no man- 
 ner of Perfon or Perfons within your faid 
 Ward, what condition or degree foever he 
 or they be of, keeping any Tavern or Ale- 
 houfe, Ale-cellar, or any other Vidualing- 
 houfe, or place of common Refort to Eat or 
 Drink in within the fame Ward, permit or 
 fuffer at any time hereafter any common Wo- 
 men 
 
j6i Wardmote Courts 
 
 * men of their Bodies, or Harlots, to refortand 
 ' come into their faid Houfe, or other the pla- 
 ' ces aforefaid, to Eat or Drink, or otherwife 
 
 * to be converfant or abide, or thither to haunt 
 
 * or frequent, upon pain of Imprifonment, as 
 
 * well of the Tenant and Keeper of every fuch 
 ' Houfe or Houfes, and all other the places a- 
 ' fore remembred, as of the common Women 
 ' or Harlots. 
 
 Jrtichs. 24. ' Alfo that you do give in charge to the 
 ' Wardmote Inqueft of your Ward, all the 
 ' Articles delivered to you herewith, and that 
 ' you have a fpecial care of keeping the peace 
 ^ and good order during your Wardmote ; .and 
 
 * if any offend herein, you fine or punilh him 
 ' or them according to Law. 
 
 25*. And whereas the Moneys received for 
 ' the Fines of Perfons refufing to hold Ward- 
 
 * Offices within your Wardj ought to be em- 
 
 * ployed in the fervice , and for the pub- 
 
 * lick benefit of the whole Ward, and not of 
 
 * any particular Precind or Parilh within the 
 
 * Ward : Thefe are therefore to require you to 
 ' take care, that all fuch Fines be from time to 
 ' timedifpofed of accordingly for the benefit of 
 ^ the whole Ward, as you with the Deputy and 
 ^ Commort-Council-Men of your Ward fliall 
 ' think mod fitting and convenient ; and that 
 ' no fuch Fines be received or employed in any 
 
 * particular Precincfc or Parilh, not failing here- 
 
 * of, a5 ye tender the common Weal of this 
 
 * City, and advancement of good Juftice, and 
 ' a§ you will anfwer the cor.crary at your ut- 
 ' terrnod peril, Dated at . . . d^c. under the Seal- 
 
 * Office of Majpralty of the faid City, the . . . 
 'day of .,. .■:&€., 
 
 In 
 
in the City of London. j i^ j 
 
 Jn a Cafe hetivem the IQfi^ and Sellars, 
 Sellars tvas IndiEle^ at the Seffions in 
 London, for not attending at the 
 Wardmote Inqueft^ being chojen of the 
 Jury for fuch a year, 
 
 • 
 
 TO this Indidment he pleaded the King's 
 Grant to the Company of CookS, of 
 which he was a Member; by whichGrant that 
 Company is exempted from being put or fum- 
 moned upon a Jury or Inqueft, before the 
 Mayor or Sherifis, or Coroner of London ; and 
 upon demand it was a Queftion, whether the 
 Cooks are difcharged by that Grant, from their 
 Attendance at the faid Wardmote fnqueft. It 
 was argued, that they are not difcharged, for 
 the words of this Grant do not extend to that 
 cafe; for the Cooks are thereby difcharged 
 only before the Mayor, Sheriffs or Coroners, 
 &c. but the Court of Wardmote is held before 
 neither, for it is held before the Alderman of 
 the Ward, and the words of the Grant ought 
 to be taken ftridlly, 'viz,, that Cooks fliall be 
 exempted, if there be other fufficient Men to 
 ferve in the Ward befides, and if this does not 
 appear, the Grant is void ; but this is not al- 
 ledged. 
 
 To the firft Exception it was (aid, that the 
 Wardmote Inqueft was held before the Mayor, 
 for the Jury there are not to try any matter, 
 but only to make Prefentments, which are 
 carryed before the Mayor. 
 
 Exceptions were taken againfl: thelndid- 
 mcntj which was for not ferving at a Ward- 
 mote 
 
3^4 Court of Confer')} dcy 
 
 * mote Inqueft for fuch a year, i. Becaufe its a 
 thing not known 'at the Common Law, that a 
 Man fliould be of a Jury for a whole year. 
 
 2. The Indidment faith, the Defendant was 
 Inhabitant of fuch a place, and eleded a Jury- 
 man. 
 
 But faith, not that he ought to hold the Of- 
 fice to which he was eleded. It was quadit 
 5 Mod.j^ef, 
 
 The Court of ConferVary for the ^Ver 
 Thames, 
 
 THis Court is held before the Lord Mayor, 
 at fuch times as he fhall appoint and di- 
 re<3: within the refpedive Counties near ad- 
 jacent to the Cities of London and IVefimin- 
 fier. 
 
 The Water-Bay lifF is the Lord Mayor's De- 
 puty, and ought to give notice to his Lordfiiip, 
 of all Offences committed by any Perfons 
 contrary to the Orders made for prefervation 
 of the brood and fry of Fifli in the faid River. 
 
 ne 
 
for the%ver of Thames. j(J j 
 
 The Title of the Lord Mayor of the CL 
 tyof London, to and for the Con- 
 fervacy of the (J^iyer of Thames, 
 7nay be colle^ed jrom what follows. 
 
 TNprimisj The Mayor of the faid City for the 
 time being, and all other his Prcdeceffors, 
 Governours of the fame City time out of mind, 
 have had and exercifed the rule of theCon- 
 fervacy of the River of J7j^ww, 'and the Cor- 
 rection and puniihment of all manner of Fifh* 
 ermen, and all other Perfons offending within 
 the faid River. 
 
 Item, King Edward the Third by his Charter 
 hath granted, That the Citizens of London 
 ihall remove and take away all Kidelsin the 
 Water of the River of Thames and Medway, 
 and (hall have the punifhment to the King be- 
 longing thereof coming. 
 
 hem. By the Statute made in the Seven- 
 teenth year.of the Reign of King Richard the 
 Second, it is ordained. That the Mayor of 
 London for the time being, fhall have the Con- 
 fervacy of the Thames^ and put in execution 
 the Statute of i; Edw. i. and 13 Rich.z. from 
 the Bridge of Staneao London, and from thence 
 over the fame water, and in the water of 
 Afedjifay. 
 
 Item, By a Statute made 4//. 7. 15". The 
 Mayor of London and his Succeflbrs, (hall have 
 the like Confervation and Authority in all the 
 liTues, Breaches, and Ground overflown, as far 
 as the water Ebbeth and Floweth, grown cut 
 of the River of Thames, ( as touching the pun- 
 ifhment foi ufing unlawful Nets and Engines ) 
 as he hath within the fame River. hm, 
 
I 
 
 1 66 Court of Confer^facy 
 
 Ikm, King James by his Charter to the Ci- 
 ty, Dated the zcth of Augufi^ in the third year 
 of his Reign, takes notice of the Lord Mayor's 
 Right to the Office of Bailiff, and Conferva- 
 jionof the River of Thames y in thefe words, or 
 to this effedt. 
 
 Chart a Jacobi ^gts* concejja CiVihus 
 Londini de Con/ervatme ^Vi Tloame^ 
 fts^ inter alia geren Dat^ Vicejimo die 
 
 Augufti Jmo (^ffii fui Tertio. 
 
 • 
 
 ' T A M ES by the Grace of God yoi England, 
 'J Scotland J France, and Ireland, King, De- 
 ' fender of the Faith, c^c. To all to whom our 
 
 * prefent Letters Patents Oiall come. Greeting ^ 
 ' Whereas our beloved in Ghriftian part, the 
 ' Mayor and Commonalty and Citizens of our 
 'City of London, time out of Memory of Man^ 
 'have had, exercifed, and ought apd have ac- 
 
 * cuftomed to have, and exercife the Office of 
 
 * JSailiff and Confervation of the Water of 
 ' Thames, to be exercifed and occupied by the 
 
 * Mayor of the fame City for the time being, 
 
 * during the time of his Majoralty, or by his 
 
 * fufficient Deputies, in and upon and about 
 
 * the water of Thames; That is fo fay, from 
 
 * the Bridge of the Town of Stains in the 
 
 * County of Middlejex, and towards the Weft 
 
 * unto London-Bridge , and from thence to 
 ' a certain place called Kendal, otherwife Ten- 
 ' land, otherwife Tenleet, towards the Sea, and 
 
 * Eaft in Medway , and in the part of the 
 ' City of London aforefaid, and upon whatfoe- 
 
 ver 
 
for the ^yer of Thames. 3 67 
 
 ver Bank, and upon every Shoar, and every 
 Wharf of the fame Water of Thames within 
 the Limits and Bounds aforefaid. And in, 
 upon, and about all and every of them. And 
 alfo for the time aforefaid, have had and ta- 
 ken, and ought and have accuftomed to have 
 and take to their own proper u(e, by the 
 Mayor of the aforefaid City for the time be- 
 ing, during the rime of his Majoralty, or his 
 fufficient Deputies, ail Wages, Regards, Fees 
 and Profits appertaining and belonging to the 
 fame Office of Bailiff, We therefore, to the 
 Intent that the faid Mayor and Commonal- 
 ty and Citizens may more fecurely, freely, 
 and quietly ufe, hav^^ exerclfe, and enjoy the 
 Office aforefaid, and the Fees, Wages, Re- 
 gards , and Profirs thereunto belonging to 
 them and their Succeffors for ever, of our 
 fpecial Grace and certain knowledge and meer 
 motion, have granted, and by thefe Prefents 
 for Us, our Heirs and Succeffors, do grant 
 to the forefaid Mayor and Commonalty an(^ 
 Citizens, and their Succeffors, That they the 
 aforefaid Mayor and Commonalty and Citi- 
 zens,, and their Succeffors, may exercife and 
 execute the aforefaid Office of Bailiff and 
 Confervation of the Water of Thames by the 
 Mayor of the faid City for the time being, du- 
 ring the time of his Majoralty,or his fufficient 
 Deputies, from time to time for ever, in, upon, 
 or about the fame water of 77^^w7ej; That is to 
 fay, from the aforefaid Bridge of Stains, in the 
 County of Mlddlejex towards the Weft, to the 
 Bridge of London, and from thence to a certain 
 place called Tendall, otherwife Teuland, orher- 
 wife Tenleet, towards the Sea and Eaft and in 
 Medway, and in the Port of the City oiLfn- 
 don aforefaid, and upon whatfoever Bank, and 
 
 what- 
 
3<58 . Court of ConferVacy 
 
 wlutfoeverShoar, and whatfoever Wharf of 
 the fame Water of Thames, within the Limits 
 and Bounds aforefaid, in, upon, and about 
 every one of the fame, and to have, receive, 
 colled, and enjoy all and fingular Wages, 
 Regards, Fees, and Profits to the fame Office 
 of Bailiff pertaining and belonging, to the 
 proper ufe of the fame Mayor and Commo- 
 nalty and Citizens, by the Mayor of the Ci- 
 ty aforefaid for the time being, during the 
 time of his Miyoralty,or by hisfufficient De- 
 puties, without the hinderance of Us , our 
 Heirs or Succeffors, or any of our Officers, 
 Bailiffs, or Minifters, or of our Heirs or Suc- 
 ceffors, or our Admiral of England j or of our 
 Succeffors, or any others of ourSubjeds, or 
 of our Heirs or Succeffors whatfoever, or of 
 any Grant by Us, our Heirs or SuccefTors to 
 be made to the contrary. To have, hold, and 
 enjoy the aforefaid Office, and ail and fingu- 
 lar the Premiffes, with ail and fingular Wages, 
 Regards, Fees, Profits^ and Appurtenances 
 whatfoever, to the faid Office belonging or 
 appertaining to the aforefaid Mayor and Com- 
 monalty and Citizens, and their Succeffors for 
 ever, by the Mayor of the aforefaid City for 
 the time being, during the tinie of his Mayo- 
 ralty, or by his fufficienc Deputies to be exer- 
 cifed and executed without any Accompt, or 
 any thing to be rendred or made thereof to Us, 
 our Heirs, or Succeffors, So as no other Bai- 
 liff or Confer vator of the aforefaid Water, 
 fhall be, or ftall in any wife intermeddle in 
 the Premiffes. 
 
 Note, That by Stat. 27 H.8.18. If any Perion 
 do, or procure any thing to be done to the an- 
 noying of the Thames, making of Shelves there 
 by Mining, Digging, cafting of Dung, Rub- 
 
 biflij 
 
for the ^vet of Thames. 3 6y 
 
 bifli or other thing therein, or otherwife hovv- 
 foever^ or convey away any Boards, Stakes, 
 Timber-work, Pillars^ or other things, from 
 Barks or Walls thereof, except it be to repair 
 them, or undermine any Banks or Wall there, 
 to the damage of the faid River, he fhall for- 
 feit for every fuch offence j /. to the King, and 
 the Mayor and Commonalty of London, to 
 be recovered by the faid Mayor and Commo- 
 nalty. 
 
 Here follow federal Orders deVifed and 
 agreed upon' hy the ^^ht Honoura- 
 ble Sir Robert Ducie, I\ntght and 
 Saronet^ Lord Mayor of the City of 
 London, and Conferyator of the (?^f- 
 yer of Thanies , and Waters of 
 Medway, for the preferyation of the 
 hrood and fry of Fif? tvithin the Weft 
 part of the faid ^'Ver. 
 
 * "plrft, That no Man, upon penalty and for- 
 
 * jL feiture of his Net and Ten pounds, with 
 
 * Imprifonment at the difcretion of the Lordt 
 
 * Mayor, ihall prefume to fhute an/ Draw-net 
 
 * or Coulter-net, at any time of the year, be- 
 
 * fore Sun-rifing, nor after Sun-fetting 5 -for 
 ^ that in the Night-time unlawful Nets may be 
 
 * ufed, and other Abufes offered, to the great 
 
 * hurt and annoyance of the ^id River of 
 ^ Thames ; and tc (hoot iri their feveral rooms 
 
 * well knovi^n. B b a, Itttri^ 
 
J70 Court of ConferVacy 
 
 2. Itemy ' That no Finierman or other fiiall 
 ftill. He, or bend over any Net durftg the 
 time of the Flood, whereby both Salmons and 
 other kinds of Fifli may behindred, and kept 
 back from fwimming upwards, to the benefit 
 and profit of fuch Fi(lier-men as dwell in the 
 Weft part of the faid River; upon the like 
 pain and penalty. 
 
 5. Item^ ' That no Firtier-man or other fliall 
 fhute any Draw- net, Cod-net, or other Nee 
 orEngin, whereby any Salmon-fifli fhall be 
 taken after Holjroodday is paft, beinf^ the Four- 
 teenth day of September J becaufe at that time 
 they are out of feafon, and remain here upon 
 the River only to fpawn and breed ; upon the 
 like payment. 
 
 4. Item, ' That no Fifher-man or other fiiall 
 fifii with any Net, or lay or hale any Weel, Or 
 ufe any other Net or Engine whatfoever, from 
 Sun-feiting on Saturday at Night, until Sun- 
 riling upon Munday Morning, no, not during 
 all the rime of Le»f, as being a thing not only 
 very hurtful to the (aid River, butalfoa great 
 abufe and profaning of the Loid's Sabbath ; 
 upon the like payment 
 
 5'. Itcwy ' That noFifiier-man or other fliall 
 at any time hereafter Ihip their Draw-nets 
 (called Shipping aStern^ into their Boats, be- 
 fore fuch time as they have laid forth all their 
 whole Net, as they do when they land to- 
 wards a Jow water, nor that they fiiip fomc 
 part of their faid Net, and land the reft ; 
 but that from henceforth the}' fiiall fulfil and 
 obferve that ancient order of landing their 
 Nets C as they have heretofore ufually done ) 
 at low water; upon .the like payment. 
 
 6. Item, ' That noFifiier-manor other Per- 
 ' fon whatfoever fiiall ufe any Spear, called an 
 
 Eel-fpear, 
 
for the ^Ver of Thames. 57 1 
 
 Eel fpear, at any time of the year, for that 
 they are likewife very great deftroyers qf Bar- 
 bies, and other kinds of Firti; norihall work 
 with any Bley-net, Rugge-net, or Smelt-net, 
 upon the faid water Weftward, farther then 
 IJlovortb Church, from the Tenth day o^ March 
 yearly, until Holyrood^diiy be paft, being the 
 Fourteenth day of September; upon the like 
 payment. 
 
 7. Item, ' That no FiHier-man or other fhall 
 at any time of the year ufe or exercife any 
 Flue, Trammel, Doublewalled-net, or Hoop- 
 cd-net whatfoever, for that they are not only 
 the utter deftru6lion of all breeding Barbies, 
 but alfo a great fpoil and hurt to other forts of 
 the young brood and fry of Filh, being with 
 thofe kind of Nets infinitely deftroyed, to the 
 general ruin of the River aforefaid ; upon the * 
 like payment. 
 
 8. Item, ' That noFifher-man or other fiiall 
 lay any Weels called Kills in uliy place of the 
 River, from the Tenth of March, till the 
 Tenth of May yearly, for that all Roaches do 
 then fhed their Spawn; nor that no Man 
 whatfoever cut any Bull-rufties , or other 
 Flags or Sedges growing upon the River, from 
 Richmond unto the Markfionc above Staim- 
 Bridge, for that they are a great fuccour and 
 fafcguard unto the Fifh j upon the like pay- 
 ment. 
 
 9. Item, ' That no Fiflier-man or other ihall 
 ufe within the faid River of Thames, any 
 Weel called aLomb or a Mill-pot, or any o- 
 ther Engine, with the head thereof againfi the 
 Stream, upon pain of forfeiture of Ten pounds, 
 and Imprifonment at the difcretion of the 
 Lord Mayor; nor^hat no Man whatfoever 
 fhall occupy upon the faid River of Thames^ 
 
 B b 2 any 
 
37^ Court ofConferyacy 
 
 any Nets called Purfe-nets, otherwife Caft- 
 ing-nets, upon the like payment. 
 
 lo* Item J * That no Fi(her-man or others 
 fhall be fufFered to rug for Flounders either 
 by Ebb or by Floods at any time of the year, 
 between London-Bridge and Stran-^ate on the 
 South fide, and Weftmm[ter bridge on the North 
 fide, but only two carfs at low Waterjand two 
 cafts at full fea-or high Water, for the fafe- 
 guard of the fry and brood of Fifh :. and no 
 Flounder fliall be taken under the affize of fix 
 inches : Nor that no Fifiierman or other fhall 
 fleet with any Bleynet upon the benches from 
 H hitehall to ths Terttpk-fiain upon high Wa- 
 ters, iiom V/hitfontide to Bartholomewtide\ up- 
 on like payment. 
 
 11. /^a/?, ' That no Fi/her-man or other 
 Perfon whatfoever fhall calt, bring, or caule 
 to be brought, any Carrion, Soil, Gravel, 
 Rubbifh, Sods of Eartb, or any other Filth 
 or Annoyanc^ whereby Banks or Shelves are 
 raifed, and th? common PalTage hindred, to 
 to the great danger of Fares, Boats, and Bar- 
 ges, pafling to and fro upon the faid River : 
 Nor that no Filher man or other fhall drive, 
 or eaufe to be driven any Piles, Stumps or 
 Stakes, within the faid River of Thamesy upon 
 which the like miichief and dangers may a- 
 rife, until fuch time as-^ they be lawfully li- 
 cenfed fo to do ; upon the like pain and pe- 
 nalty as aforefaid. 
 
 12. Item^ ' That no Fifher-man or other 
 Ihall prefume to take up any Rack or Driftli 
 upon the water of Thames, without notice 
 given thereof to the Water-Bailiff, or his 
 Subfiitute, within convenient time, he fatis- 
 fying him for his pains, as fhall be reafona- 
 biQ and tliought fitting; nor ihall conceal 
 
 and 
 
for the ^yer of Thames 37^ 
 
 ' and keepfecret the faid Rack or Drifch from 
 ' the faid Water- BailiiF, to the end that fuch 
 
 * order and care may be taken therein, as hath 
 
 * been accuftomed, according to the Laws and 
 ' Ordinances ordained for the prefervation of 
 ' the faid River j upon Hke payment and pe- 
 ' nalty. 
 
 1 3 . Item. * That no Fifher-man or other /hall 
 ' Fim with any kind of Net^ or ule any An- 
 ' gle-rod with more than two Hooks upon a . 
 ' Line, or faw or fcratch for Barbie within the 
 
 * Limits of London- Bridge, or fliall ufeany other 
 
 * Engine nearer unto the Bridge than St. Bo- 
 ' tolphs Wharf y and the Bridg-houje IVharfon the 
 ' Eaft fide, nor nearer on the Weft fide than 
 
 * St. Mary Overles Stairs and the Old Swan ; up- 
 ' on the pain of Imprifonment at the difcreti- 
 ' on of the Lord Mayor, and Six (hillings eight 
 ' pence to the Chamber of London. 
 
 14. Item, ' That no Peter-man lliall at any 
 ' time hereafter fiili or worlwwith any manner 
 ' of Net upon the faid water Weftward, far- 
 ^ ther than Richmond Crane, unto which place, 
 
 * or near thereabouts, the water ebbeth and 
 'flowetb, for that the Fifhing beyond that 
 ' place, hath caufed a great deft^u^5i:ion of Fifti ; 
 ' upon pain of forfeiture of Twenty fhillings 
 ' for every time they fhall fo offend, and far- 
 ' ther puniihthent according to the quality of 
 ' his Offence. 
 
 15-. Item, It is ordered that no Peter-man 
 ' fhall hereafter at any time of the year take 
 ' the Tides above Richmond, nor go in compa- 
 
 * ny together, it being found very prejudicial 
 ^and hurtful both to the River and Fifher-men, 
 ' and nothing available for the furnilhing of 
 
 * any Markets, nor ftiall go to fifh more than 
 4 fiv^ together in oae company between Rich- 
 
 B b 3 ?^on4 
 
J 74 ^^^^^ ^f Conf^f'^^cy 
 
 ' mond and London ■ Br Idge^ upon pain of for- 
 
 * feiting for every time Ten (hillings, and Im- 
 ' prifonment during pleafure. 
 
 1 6. Itew, ' That no Peter-man, or any other, 
 
 * take any Flounders, or any other fhort Fifh, 
 
 * which they have ufually called Kettle-fifti, 
 ' not being fix inches of affize, being found to 
 
 * be to the great deftrudlion of the Fifh ; upon 
 
 * the like penalty and pain. 
 
 17. Item, ' That whereas many inconveni- 
 • * encies have heretofore rifen to the River of 
 
 * Thames by divers Fifher-mens keeping of Boys, 
 ' who had neither fufficiency to take the charge 
 
 * of Fifliing, nor bound Apprentice to the 
 
 * fame ; Therefore from henceforth it fhall not 
 ^ be lawful for any Fifiierman to keep two 
 
 * Boys in one Boat, unlefs the one of them be 
 
 * at Mans Eftate, or thought fufficient by the 
 
 * Water- Bailiff to take the charge, or elfe that 
 
 * one of them be an Owner ; Nor that no 
 
 * Fiflier-man from henceforth do take any Ap- 
 
 * prentice to the feid Trade of Fifhing, unlefs 
 
 * he firft enter his Name into the Regifter- 
 ' Book of the Water-Bailiff of this City, kept 
 ^ for that purpofe, nor under the term of (e- 
 ' ven years ; and that , after the Expiration 
 
 * of his faid Term, he like wile come again 
 ' before the faid Water- Bailiff, to be by hiin 
 ' admitted a lawful Fifherman, ( as of anci- 
 
 * enc time hath been accuftomed; ) upon like 
 ^ payment. 
 
 18. Laflfy, ^ That every Fiftier-man upon 
 
 * the River of Thames, irom London-Bridge unto 
 
 * Staws- Bridge, /hall once every year ( viz.. up- 
 ^ on St. Paul's day, being the five and twentieth 
 
 * day of January ) appear before the Water- 
 
 * Bailiff of this City, at the Chapel of the 
 ^ Guildhally by Ten of the Clock in, the Fore- 
 noon 
 
for the <I{iver of Thzmts. ^7j 
 
 ' noon of the fame Day, there to enter their 
 
 * feveral Names into his Regifter-Book kept for 
 
 * that purpofe : And farther, to hear the Or- 
 
 * ders and Inftitutions ordained for the prefer- 
 ' vation of the faid River, to be openly and 
 ^ publickly read, to the intent that they and 
 ' every of them may the better perform the 
 
 * fame j upon pain of Six Shillings eight Pence 
 
 * for every default fo made. And if any Man 
 " whatfoever, Fi(her-man or other, /hall con- 
 
 * temptuoufly or ftubbornly re/ift the Water- 
 
 * Bailiff, being Sub-Confervator under the 
 
 * Lord-Mayor, in the due performance and 
 ' execution of his faid Office, he /hall make 
 ' fuch Fine, or be Imprifoned at the difcretion 
 
 * of the Lord -Mayor for the time being, as 
 
 * unto his Lordfhip fliall feem moft fitting. 
 
 Articles to he inquired upon by the Jury 
 for the ^Ver of Thames Eajlward, 
 
 * TMfrimisy You /hall faithfully and truly 
 
 * I prefent ( without any refped ) all fuch 
 
 * Perfons, Fifhermen and others, as do prp- 
 
 * phane the Lord's Sabbaths in their unlawful 
 ' Fi/hings, and going forth that Day to their 
 
 * Labour, being to the high difpleafure of Al- 
 
 * mighty God, and availeth not to the furnilh- 
 
 * ing of any Market. And if any fuch Fiftier- 
 
 * men have gone forth to Fifli, having been at 
 
 * home before Sunday at Night Sun- down, you 
 
 * fliall faithfully and truly prefent them. 
 
 2. lum, *That no Trink /hall ftand for Tender- 
 ' Smelts till the One and twentieth Day of t»ej»- 
 [ Qciobsf yearly, and fo to continue until Good- 
 Bb 4 Fri4,m 
 
^^6 Court of ConfenVacy 
 
 ' Friday following. And to ufe no manner of 
 ' Net for Smelts than full two Inches in the 
 ^ fore-part. Inch and a half in the fecond part, 
 
 * and in the third part, vyhich is the Hofe or 
 ' Cod, Inch and quarter wet and dry. And 
 ' the Hofe not to exceed eleven Foot in length, 
 ' and in conipafs llxty Meiilies, and not above. 
 ' And five Hoops placed a Foot and a half a- 
 
 * funder in the faid Cod, the laft Hoop to be 
 ' placed within two Foot of the end of the Cod, 
 
 * and each Hoop to be a Foot and a half over 
 
 * every way, upright within the Hoop, and 
 
 * not otherwife. 
 
 ?. Item, 'ThatnoTrinckefiiall ftartdtoFifb- 
 
 * above Nine Tides in the Week, viz, three 
 
 * Tides againft Wedmjday^ three Tides againft 
 ' Friday, and three Tides againft Saturday Mar- 
 ^ ket, and fo likewife three Tides againft Saints 
 
 * Eves and other Fafting-days, and then to 
 
 * wafh, hale up, and go Jiome with their faid 
 
 * Nets and Boats ev^ry Saturday Morning to 
 
 * their own Houfes. And in Lent time they 
 
 * may ftand every Day, the Sabbath-day ex- 
 ' cepted. 
 
 4. Item, 'That no Trincke fhall ftand in any 
 ' Byrth more than is allowed him to ftand, but 
 ^ (hall ftand in all fuch feveral places, and in 
 ' fuch manner as hereafter followeth, and in 
 ' no other place ; that is to fay. He /hall keep 
 ' his Cooplement. 
 
 At Blackball Ferry two, one Breaft or Front, 
 
 'and no more. 
 At Lcyjhelp two, and no more. 
 At WGohvich-fl^elf two, and no more. 
 At iVeolwicb-Tcavn five, and no more. 
 At Gallicns-najje three, and no more. 
 At Buz,ards-hjh five, and no more. 
 
 At 
 
for the ^B^er of Thames. 377 
 
 At the Eaft and Weft end of Barkin-jhelf, two 
 
 at each place, and no more. 
 At Dagnam-Jhelp fix, and no more. 
 At the Carrick four, and no more. 
 At Julian-tree- job three, and no more. 
 At Dartford-job three, and no more. 
 At the Bigbt at Ertth-najJ'e three, and no more. 
 At Stokefleet-najfe, alias, Stakes-end five, and no 
 
 more. 
 At A'vely-hole five, and no more. 
 At Purfieet five, and no more. 
 At Graves Thorock fix, and no more. 
 At the two Thoroughs three, and no more. 
 And every Trincke to keep his true Coople- 
 "^ mcnt, and to ftand no more in a Byrth. 
 
 y. Item, ' That no Trincke fhall ftand to fifli 
 'for Whitings till the Ember- Week before 
 ^Michaelmas yearly, and to come no higher 
 ' than Furfleet, and to have the Hofe or Cod of 
 ' his Net full Inch and a half. And upon Sa- 
 ' tarday Sun Up to wafh off his Net, hale up, 
 
 * and go home, and ndt to return to his La- 
 
 * hour again till Monday-Mommg day-light. 
 
 * And fo likewife fhall every Fifherman do 
 ' from London-Bridge Weftward, to Graves-end- 
 
 * Bridge in the Eaft, and not otherwife. 
 
 6. Item, ' That no Trinckerman, or other 
 ' fifherman, fhall buy any Trincke, or take to 
 
 * receive any Copy under the Seal of the Office 
 *of Mayoralty, until he be allowed and 
 ' thought fit by the Lord-Mayor of London, or 
 ' by his Subftitute, the Water- Bailiff for the 
 
 * time being, with the general liking and con- 
 ' fen'ts of the faid Company of Trincker-men, 
 
 * and feventeen Trinkes allowed, and no more. 
 
 7. Item, * That no Trincke fhall ftand to 
 *'Fifh before any Breach-mouth at the rifing or 
 
 *ftnk- 
 
378 
 
 Hchher- 
 
 Court of Con/erVacy 
 
 finking of any Mother- fifhes, or in the time 
 of Spawn or Brood of Fi/h.'j and that every 
 Trincke {hall at all times and feafons take up 
 and carry away his Anchor at the time of his 
 leaving off from Fi/hing, and not leave his 
 faid Anchor behind him to keep hi^ Byrth, 
 contrary to the ancient Order and Cuftoni. 
 
 8. Itentj 'That each Trincke Ihall every 
 dark and foggy Night hang forth out of his 
 faid Trinck Boat one Lanthorn with fufficient 
 Candle-light, for the better and fafer paflage 
 of Ships, Boats, and Vellcls paffing to and 
 fro upon the faid River : And that every 
 Trincke-Cable be. no more than twenty Fa- 
 thom long at the moft j or any Henbilc above 
 twenty two Fathom. And likewife to have 
 a Warp of forty Fathom to iheer oiF and 
 give way, if any Ship, Crayer, or any other 
 Veffel fhall chance to drive upon them. 
 
 9. IteM, ' That every Trincker-man Hiall 
 one Week before his^oing forth to Fi(h, 
 come up to the Chapel of GuiidbaU^ Londovj 
 and there appear before the Water- Bailiff, as 
 well to receive leave and licence for their 
 going forth, as al(b to hear the Orders and 
 Inftitutions ordained for the prefervation of 
 the faid River, to be there openly and pub- 
 lickly read, to the end that they may the bet- 
 ter obfeive and keep the faid Orders, and eve- 
 ry thing therein contained. 
 
 ic. Item, ' That no Hebber-man /hall fifli 
 for Smelts before the twenty fourth Day of 
 Augiifi yearly, and fo ta continue till Good- 
 Fnday : And that no Hebberman /hall fifli in 
 an> Haven, Creek, Breach, or IlTue, with 
 any Net ot lefs Aflize than three Inches for 
 Flounders, from the Feaft of Eafier, until the 
 j&id twenty fouFch Day of Auguft yearly. 
 
 'Alii 
 
• for the ^"Ver of Thames. 579 
 
 * And fliall likewife appear before the Water- 
 
 * Bailiff of London at the Chapel of Guild-hall, 
 
 * there to receive leave and licence for their 
 
 * faid going forth. And that the Meifli of their 
 
 * faid Smelt- Nets be full Inch wet and dry, and 
 
 * not o^herwife. 
 
 11. Itemy That every Hebber-man fhall fifli 
 
 * by the Shore, and pitch their Pole at half 
 ' Ebb, and fhall have but forty Fathom Rope 
 
 * allowed from the pitch of their Pole into the 
 
 * River, and not to lie a floating or flatting 
 ' for Smelts between two Anchors in the mid'lt 
 
 * of the Stream, nor fhall have any kind of 
 ^ weight of Lead, Iron, Stone, Barrel, Firkin, 
 ' Kilderkin, Cask, or with any Wherry, or 
 ^ other Device. Nor fhall fifh from Goott-Friday 
 
 * till Bartholomav-tide yearly, betwixt London- 
 ' Bridge and Gra'ves-endy with any Net under 
 ^ two Inches, except with a Wade-net for Bait 
 ' only. 
 
 12. Itewy /That no Hebber-man fhall work 
 
 * any higher for Whitings than Dartfird-Creek, 
 ' and to work with %io manner of Net for 
 
 * Whitings of lefs Affize than full Inch and half 
 
 * wet and dry : Nor fhall go forth to take any 
 ^of the fafd Whitings yearly, , until they be 
 
 * lawfully licenfed by the Water- Bailiff of Lon- 
 
 * don, before whom they are feverally to appear 
 
 * at the faid Chapel of Guild-hall, London, one 
 
 * Week before Gang-tide yearly. * 
 
 1 3 . Item, ' You fhall prefent the Names and Trawler- 
 ' Surnames of every Trawler unto the Lord- ""»»• 
 
 * Mayor of London, or his Subftitute' the Wa- 
 
 * ter-Bailiff for the time being. And that no 
 
 * Trawler fhall fifh above HoU Haven on the 
 
 * North-fide, and Por/ing on the South-fide, till 
 
 * a Fortnight after Michaelmas yearly ; and all 
 { the Summer to ufe no Net for Soals under two 
 
 * Inches 
 
380 Court of Confervacy 
 
 * Inches and a half in the Cod^ being two 
 ' Yards long, and the reft of the Net to be 
 ' three Inches. And no Trawler to work in 
 
 * Tilbury-hofe aftej Michaelmas^ with any nian- 
 ^ ner of Net under four Inches for Plaice all 
 ' the Net over. And no Trawler to come up- 
 ' on any Trawl with any other Net at any 
 
 * time of the Year. 
 
 14. Item, ' To prefent allfuch as have pitch- 
 
 * edj fet, or ereded any Riff- hedge, or Half- 
 ' Nets upon Stakes or. otherwife within the full 
 
 * Sea and low Water, being an Engine utterly 
 ' to kill fmall Fifh, and what Land-men they 
 ' be upon Kentijli-Sbore, or in any other place 
 
 * witkin the Waters of Thames and Medwaj, 
 
 * that do or have ufed the fame. 
 
 1 5*. Item, ' That no Trawler do ftay abroad 
 
 * to fi/h after Whitjontide againft PFednefday-MiLV- 
 ^ ket till Bartholome-w-tlde yearly, nor that no 
 ' Trawler do fifii in tilb'ttfy-hove upon the Satm- 
 
 * day after Sun-rifing, but to walh off, hale up, 
 ^ and go home, as all#)ther Fifhermen ought 
 
 * to do, and according to the old and ancient 
 ' Cuftom of the River of Thames and Waters 
 ' of, Medway. 
 
 J 6. Item, ^That every Trawler upon the 
 
 * River Eaftwards, do yearly appear before the 
 
 * Water-Bailiff of Lo7idon, at the Chapel of 
 % '' Guild-hall, one Week before their true times 
 
 ' and feafons of going forth, to fifli, then and 
 ' there to receive leave and licenfe for their 
 *' faid going forth, and to hear the Orders and 
 ^ InlHtutions ordained for the prefervation and 
 
 * government of the River oi Thames, to be there 
 
 * openly and publickly read, to the end that 
 ' they may the better obfeive and perform the 
 
 * fame. 
 
 17, Item^ 
 
for the I^Ver of Thames. 5 8 1 
 
 17. Item, 'That no Trawler that hath or 
 ' * doth ufe to Trawl to take Soalsj^hate^ Plaice, 
 
 * or Thornback fhall take or bring any fiich 
 ' Fifh to any Market^ or to any Country-Town 
 
 * to fell, except they contain the aflize as fol- 
 
 * loweth ; that is to fay, every fuch Soal, 
 ' Chate, Plaice, and Thornback to contain in 
 
 * length, feven Inches with the Head and Tail, 
 
 * and not under. 
 
 ■ 18. Itemy 'That no Dragger-man that hath ^'''*^«''- 
 ' or doth ufe to drag for Shirmps, fiiall go forth '"'*"' 
 ' to fifh till the firft Day of November yearly, 
 
 * and to continue till Good-Friday: Nor fhall ufe 
 ' any fuch Drag at any time of the Vear above 
 ' Maggot-NaJJe on the Southfide, and Stake-Brake 
 ' Creek on the North fide, and not otherwife. 
 ' And that ever^ Dragger-man fliall upon the 
 
 * firft Day of November yearly, appear before 
 ' the Water-Bailiff of London, to receive leave 
 ' and licenfe for going forth. 
 
 19. Item, ' That all manner of Fifiiermen^'»<A/«'/. 
 ' whatfoever, that ufe to take Shads in Shad- 
 
 * ing-time, fhall obferve and keep their true 
 'order of fhooting a Droves length off from one 
 ' another, and to prefect what diforder is kept 
 'amongft them, both in going forth upon 
 ' Sundays or otherwife. And that none of the 
 ' faid Shadders fhall go forth to fifh until they 
 ' have received leave and licence of the Lord- 
 ' Mayor of London, or his Subftitute the Water- 
 ' BaiiifF for the time being, their true time of, 
 ' going forth to be the Week before Eajier year- 
 ' ly, and not before. 
 
 20. Item, ' That no Peter- man whatfoever, Pittr-rmn. 
 ' from London-Bridge in the Weft, as far as the 
 
 ' River of Medway in the Eafl, fhall fleet foP 
 ' Flounders with any Rugge-Net in the Night- 
 
 * time, from Sun going down until Day-light 
 
 ' the 
 
382 
 
 Court of Conferyacy 
 
 Smelt- 
 
 EtUhapr. 
 
 the next Morning betwixt Michaelmas and 
 Cbrifiwas, flfcaufe in the Night-time they 
 make great deftrudion of fmall Flounders, 
 and carry them away both unfeen and un- 
 known. Nor that no Peter-man do fifh with 
 any Hagan or Smelt-Net below London-Bridge 
 at any time of the Year. 
 
 21. hem, ^That no Peter-man, or other Per- 
 fon whatfoever (hall filli b3twixt London-Bridge 
 and Lime-boufe-NaJfe, with any manner of Net 
 to fleet, beat, or rugge at any time of the 
 Year, except for Shads only ; Nor that no 
 Peter-man do rugge from London-Bridge to 
 Blackwall, and fo Eaftward, from Michaelrhas 
 yearly till TVhitfontide, but only three Cafts at 
 High- water, and three Cafts. at Low-water 
 in and out ; and every Rugge- Net is to con- 
 tain two Inches three quarters in the Meifh 
 wet and dry, and every Bley-Net two Inches 
 and a half throughout wtt and dry. 
 
 22. 7rew, 'That no Fifiier-man or other 
 Perfon whatfoever, jhall lay down in the Ri- 
 ver of Thames Eaftward, any Smelt-leaps be- 
 fore St. PWs-Ddy yearly, and fo continue 
 till Good-Friday next following, and no I6nger. 
 Nor that no Fifherman or other Perfon Ihall 
 lay in the faid River ^ny more than only one 
 \Vand of eighteen and no more, and not to 
 lay them down until they be lawfully licenfed 
 thereunto by the Lord-Mayor or Water- Bai- 
 
 *" litf, and none to ufe them but Fifliermen and 
 ' Houftiolders. 
 
 2^. Item, ' That no FiHierman, or other Per- 
 
 * fon fhall lay in the faid River of Th :rnes any 
 *^el-leaps, till fourteen Days ^fter E.i/^er year- 
 ' ly, and fo to continue until Mlchatlfr.cis next 
 
 * follouing ; Nor fhaii lay any more or greater 
 
 * quantity than only two dozen, and no more ; 
 
 *Nor 
 
for the ^yer 0/ Thames. 38; 
 
 * Nor fliall lay any of the faid Eel-leaps until 
 
 * they be lawfully licenfed thereunto as afore- 
 ' (aid, and not otherwife. 
 
 24. Itewy * That no Fillierman, or other sel-fpear. 
 
 * Perfon whatfoever, fhall ufe upon the River 
 
 * of Thames, at any time of the Year, any 
 
 * Spear called an Eel-fpear, or any other kind 
 ' of Spear whatfoever, for that they are great 
 
 * deftroyers of young Brood, and other kind of 
 
 * Fifii in great abundance, and therefore alto- 
 ' gether unlawful ; no Man to ufe them upon 
 ' pain of Imprifonment, and further Fine at 
 ' the difcretion of the Lord-Mayor. 
 
 2^. Item, 'You /hall further inquire, andAr^- 
 
 * true prefentment make, of all fuch Perfonsi^*^'"^* 
 
 * as do ufe to go down the River to buy up 
 
 * either FiOi, Viduals, or other Commodities, 
 
 * before the fame cometh to Billingsgate and 
 
 * other Keys , being known and appointed w 
 
 * places of fale, vent, and difcharge thereof; if 
 
 * you know any fuch you Hiall prefent who 
 
 * they be, and how often they have fo done. . 
 
 26. Item^ * That no Fifherman or other Per- Fip> out 0/ 
 
 * fon whatfoever, fhall work with any manner M'""* 
 
 * of Net or Engine whatfoever, to take or kill 
 
 * any Dace or Roach from the Tenth oi March 
 
 * till the Tenth of May yearly, for that they 
 ' do then flied their Spawn : Nor that they 
 ' take or kill any of the faid Dace, Roch, or 
 ' otiier kind of Fifii, out of their due kind or 
 
 * feafon, nor except they contain in length ac- 
 ' cording to the true fcantling and aflize, and 
 ' not otherwife. 
 
 27. Item, You fiiall further inquire, and true Soil a«d 
 ' prefentment make, whether any Butcher, ^"^^'i/*' 
 
 * Brewer, Inn- keeper, or any other Perfon or 
 
 * Perfons, as well within the City of London, 
 ' as in any other Country Town or Village (as 
 
 *far 
 
3.?4 ' (^^^^^ ^f Confervacy 
 
 'far as die Liberty of the Lord-Mayor ex- 
 ' tendeth ) have caft or put into thefaid River, 
 ' any Paunches, Grains, Horfe-dung, or any 
 ' other Rubbifh, Soil, or Filth whatloever, to 
 - ' the very, great annoyance and hurt of the 
 ' faid River, -on pain of Imprifonment, and 
 ' further Fine, at the difcretion of the Lord- 
 
 * Mayor of London. If you know any fuch 
 ' you fball prefent them. 
 
 Royal Fijh. 28. Item, 'You Hiall further inquire what 
 ' Royal-Fiilies have been taken within theju- 
 
 * rifdidion and Royalty of the Lord-Mayor ; 
 
 * of London, as namely. Whales, Sturgeons, ' 
 ' Porpuil'es, and fuch like, and to prefent the \ 
 • - Name and Names of all fuch Perfons as Ihall 
 
 ' take them to the Lord-Mayor of London 'for 1 
 
 * the time being. 
 
 Lamfrnf 29. Jtemy ' That no FiHierman, or other 
 Rods. f Perfon whatfoever, /hall lay in the laid River- 
 J * of Thames any Lampei;n-Leaps to take Lam- 
 
 * perns, before Bartholomew-tide yearly, and fo 
 
 * to continue till Good' Friday, nor fliall lay any 
 ■^ more or greater quantity than only one Rod 
 ■^ of forty Fathom, containing feven dozen of 
 ' Leaps, and not above : Nor fhall lay any of 
 ' the faid Rods until they (Lall be lawfully li- 
 
 '*cenfed by the Lord-Mayor of LWow, or by 
 -^1 his Subftitute, the W.iter-Bailiff for the time 
 
 'being. 
 
 50. Lajily, ^ Becaufe the number of Fiflier- 
 
 ^ men do daily increafe, and not only Ffflier- 
 
 * men, but alio a great number of Cable-hang- 
 
 * jsrs and Tradefmen, fuch as were never bound 
 ' Apprentice to the Craft and Science of Fifh- 
 
 * ing, to the great hurt of the River, and hin- 
 
 * drance of Fifiiermen, the faid River being 
 
 * fiot able to relieve and fuccour the multipH- 
 
 * city of them being fo great : It is now ordain- 
 
 edy 
 
for the ^yer of Thames. 38 j 
 
 ed, That every Fifherman dwelling near un- 
 to the faid River, that doth take and receive 
 into his or their Cuftody, any Apprentice to 
 the faid Trade of Fifhing, fhall within one 
 Monti* next after, repair unio the Water* 
 Bailiff" of London, to have his Indenture writ- 
 ten and Ingroffed, to the end that after he 
 may prefent him to the Chamberlain of Lon- 
 dony to be Enrolled, according to ancient 
 Cuftom. And not to receive any Apprentice 
 under the Term of Seven Years. And at the 
 end and expiration of the faid Term, that the 
 Mafter of the faid Apprentice do again pre- 
 fent him to the faid Water- B&iliff", to be by 
 him admitted and allowed a Fifherman. And 
 finally. You fliall inquire, and true Prefent- 
 ment make, by the Oaths that you and every 
 of you have taken, whether any Fifherman, 
 or other Peifon whatfoever they be, have 
 with any manner of Net or Engine offended 
 or mifuled himfelf in fifhing within the faid 
 River ; or whether they have any manner of 
 ways made deftrudion of the Brood and Fry 
 of any kind of Fifh therein contained, con- 
 trary to the good and ancient Laws, Ordi- 
 nances, and Conftitutions of the laid River 
 of Thames. And to make a true, perfeA, and 
 faithful Prefentment of all other kind of E- 
 normities. Hurts, Offences, and Annoyances, 
 touching as well Fifhermen, as any other 
 Perfon or l^erfons within the faid Jurift . 
 didion, being any manner of ways hurtful 
 or offenfive to the fame. • 
 
 €e Ac 
 
386 
 
 Court of ConferVacy 
 
 At a Coiu^t of Aldermen the Tenth of July, 
 675. an Older was made as folio wech, viz,. 
 
 THis Court- confidering the great jidecay of 
 the Fifhing-Trade in the K'ivqv of Thames , 
 and conceiving, That drawing the Sho^fs 
 (of late fo frequently pradifed) is the chief 
 Ground thereof, as tending to the great Pre- 
 judice and utter Deftrudion of the Brood and 
 Fry of all forts of Fifli, did thereupon this 
 Day fti idly order and enjoin, That no Per- 
 fon do hereafter prefume to draw the Shores 
 in the Riverfof Thames upon any pretence 
 whaifoever, ar any time or feafon of the 
 Yeatj either ^with lawful or unlawful Nets, 
 lave only for Salmons in Rooms appointed 
 and (ct out for that purpofe by this Court: 
 And that none do filh for Stlmons in fuch 
 Rooms, but only luch |s ftall be impowered 
 thereunto under the Seal of the Mayoralty of 
 this Ciiy : And alfo that none fiih with a 
 Islet under fix Inchesin the Meajh, upon pain 
 that every Offender Ihall forfeit for every 
 fuch Ofience, his Nets, and pay as a Fine, 
 the Sum of Twenty Pounds, and fuffer Im- 
 priionment during the pleafure of this Court. 
 And to the end more diligent and ftrid fearch 
 may for the future be made upon the faid Ri- 
 ver than hitherto hath been, or poffibly can 
 be by one fingle Peifon^ for fifth as filli with 
 unlawful IN; ets, at unlawful times, and in un- 
 lawful «T!anner, the Water- Bailiff for the 
 time being, is by this Court ordered and im- 
 powered, from time to time, to authorize 
 two or more honelt Fiihermen, in fuch Town 
 and places as he (hall think convenient, as 
 well below as above the Bridge, to be affiftant 
 
 *to 
 
for the ^yer o/^-Thames. ^87 
 
 ^ to him in the execution of his Duty ; and 
 
 * when they rtiall think fit, to go out and fearch 
 
 * for any fuch OfFend-^rs, and to take away 
 
 * their Nets, and give their Names to Mr. Wa- 
 ' ter-BailifFj that he may take cfFedtaal care, 
 ' that they be feverely proceeded againft ac- 
 
 * cording to Law. 
 
 lfag(lafe. 
 
 Concernim the Company of Watermen for 
 the ^yer of Thames. 
 
 BY a Siat.-z, &^.P, and M. It was enacted, 
 That at the firft Court of Aldermen in 
 London, next after the firft of A/«rf/6, out of the 
 Watermen betwixt Gra^vejend and Windfor, eight 
 Overfeers are to be chofen to keep Order a- 
 mong the reft. 
 
 That twf) Watermen fhall not carry any, 
 but where one of them hath exercifed that pro- 
 feffion two Years before that time, and bath 
 been allowed by the greater part of the faid 
 Overfeeds, under the known Seal, in pain to 
 be committed to one of the Compters, by the 
 faid Overfeers, for a Month, or for lefs time, 
 as the Offence ftiall deferve. 
 
 That no fingle Man, that is no HouHiolder, 
 nor retained as an Apprentice, or as a Servant, 
 for one Year at leaft, fhall exercife that Pro- 
 feflion, betwixt the phces aforefaid, in pain of 
 like Punifhment. 
 
 The Lord- Mayor and Aldermen of London, 
 and the Juftices of Peace within the Cou-nties 
 adjoining to the River of Thames^ upon Com- 
 
 Cc 2 plaiflC 
 
Court, of Confervacy 
 
 plaint of any two of the Overfeers, or of any • 
 ffatermans Mafter, have power not only to 
 hear and determine any Offences committed 
 againft this A(ft, and to enlarge any Waterman 
 unjuftly puniftied by the faid Overfeers, but 
 likewife to punifh the Overfeers themfelves, in 
 cafe they unjuftly punifh any Perfon by colour 
 of this kSt^ 
 
 Alfo a Whtrry that is not twelve Foot and a 
 half long, and four Foot and a ^ half broad in 
 the Midfliip, and fufficient to carry two Per- 
 fons on one fide right, lliall be forfeit, and the 
 King fhall have one Moiety, and the Informer 
 the other. * 
 
 Again, That IVaterman that withdraws hiin- 
 felf in time of Prefling ( it being proved by 
 two WicnefTes before the faid Mayor, Alder- 
 men, or Juftice, and two of the faid Overfeers) 
 fhall /uffer a Fortnights Imprifonment, and 
 fhall be prohibited to Row any more upon the 
 Thames for a Year and a Day after. 
 
 Aifo, The Overfeers fhall not only call the 
 Watermen before them, and Dire(3^ them, and 
 Regifter their Names ; but likewife examine 
 their Boats before they be Launched, whether 
 they have due proportion and goodnefs, accor- 
 ding ro this Ad : And if the Overfeers refute 
 or neglv^d tiieir Office, they fhall forfeit \ L 
 » between the King and Informer. 
 
 Alfo, The Court bf Aldermen fhall Aliefs 
 the Fares of Wraermettj which being fubfcribcd 
 by two of the Privy-Council (at leaft) fhall be 
 fet up in Guild- Hall, Wtfirr4nfter-Hall, &:c. and 
 thQ Waterman that tajkes 'more than according 
 Set ^:er. to the Fare fo aiTeffed, fhall for every fuch Of- 
 fence fuifer half a Years Imprifonment, and 
 forfeit 40 s. to be divided as before. 
 
 And 
 
for the d^V^r of Thames 3 89 
 
 And by the i Jac, i. 16., No Waterman iliall 
 retain any Servant or Apprentice, unleis he 
 himfelf hath been an Apprentice to a Waterman 
 by the fpace of five Years before ; and not an 
 Apprentice under the Age of eighteen Years, 
 or for lefs time than feven Years, in pain to 
 forfeit for every fuch Offence 10 /. to be divi- 
 ded betwixt theKin2 and the Profecutor. 
 
 But this Ad ihall not reftrain Watermens 
 Sons, of convenient growth and ftrength, and 
 formerly trained up in Rowing, but that they 
 be allowed to ferve as Apprentices, and to car- 
 ry Paflengers from place to place, at the Age ' 
 or fixteen Years. 
 
 Alfo, That eight Overfeers (hall yearly, up- 
 on the firft Day of Marchy and the firft Day of 
 SeftembeTy caufe openly to be read in the Com- 
 mon-Hall, all their Orders made, or to be 
 made, in pain that every of them, for every 
 fuch default, fhall forfeit twenty Nobles, 
 to be divided betwixt the King and the Pro- 
 fecutor. 
 
 See the Rates following. 
 
 t 
 
 i 
 
 Cc ; Rates 
 
390 
 
 Court of Conferyacy 
 
 ^tes figned and agreed upon by the 
 Tri)^yXouncil^ and the Lord'*Mayor 
 and Court of Aldermen^ to be taken by 
 Watermen, 
 
 From Lon- 
 don to 
 
 'Limehoufe. 
 KNewcrane. 
 \Shadn>ell-Dock. 
 BeU-Wharf. 
 -RatcliffCrofs. 
 
 Oars. Skuller. 
 I f, 6 d. 
 
 ^IVaffing-Dock, 
 j JVappitjg JNew- 
 fialrs. 1 
 
 flapping Old' I 
 From £(?«- (lairs. vOars. Skuller. 
 
 dun to 1 The Hermitage. \ 6d. 3 d, 
 
 \Roiherhi(h 
 I Church-Stairs. ' 
 I Rotherhith- 
 >J_ Stairs. 
 
 { Rothcrhith. ) 
 
 Ficm St. O- ) Chi:rch-Stairs, ^Oars. SkuUep. 
 laves 10 S and ^ 6d. ^d. 
 
 ( Ruthtrhiih-Stair S.I 
 
 From E'.ii:iig:gate to St. Saviour s-MiU, Oars 6d. 
 
 Skuiler- 3 .;/. ■ 
 
 From Sr. Ola^jcs to St. S avion/ s- Mill j Oars 6 d. 
 
 SkuHtr ^ d. 
 Ail ti* Staiis between London-Bridge and ^e/- 
 
 t^^inj/LTj O21S 6 ^/. Skuller 3 </. 
 
 From 
 
for the ^yet of Thames. 5 9 1 
 
 From either fideC Lamkth, 1 q^^.^ Q^y^\\^^^ 
 3bo\Q London- < ( t, a A 
 
 Bridge to C i^ox-bnU, j 
 
 m 
 
 Brom White- V Lambeth. ? Oars. Skuller. ' 
 Hall'iO I Fox-halL S 6l ^ J. 
 
 Temple 
 \Dor jet- flairs. 
 ViomlBlack-Frier- ^to Lamkth. Oars. Skull. 
 flairs. \ Sd. ^d. 
 
 ^ P aur s-wharf. ' 
 
 Over the Water diredily in the next Skuller, 
 
 between London-Bridge and Lime-houfe, or 
 
 London-Bridge 2Lndi Fox-hall y id. 
 From London to Gravefend, whole Fare 41. 6</, 
 
 with Company, 9 £^. 
 From London to Graifgy or Greenbive, whole 
 
 Fare 4;. with Company 8^. 
 " From London to Purfleet oc^ E''^^, whole Fare 3 i. 
 
 with Company 6 .;/. 
 ^lO'w London loWoolwxb, whole Fare 2 j. 6^. 
 
 with Company 4 </. 
 From London to Blackwally whole Fare 2 j. with 
 j; Company 4<^. 
 [ From Lcfidon to Greenwich, whole Fare i s.,^6d. 
 
 with Company 3 / 
 From London to Deptfordy whole Fare i /. 6 J. 
 
 with Company 3 ^. 
 
 (Chelfeyy j) whole Fare i j. 
 I From London to ^Batterfeyy ?6 d. with Com- 
 (Jfanflworthy Spany 5 d. 
 
 {. Putney y 1 whole Fare 2 j. 
 
 I FromLo»</o»to2F«//>^w, J* with Company 
 I I Barn- Elms y\ 4^. 
 
 Cc 4 From 
 
5^2 Court of Gnferyacy 
 
 (.Hawerfmith ) whole Fare z s. 
 From London to? Chifwick ^6 d. withCooipa- 
 , (Mortclack jny 6 d. 
 
 # 
 * {.Brentford)'w\io\Q Fare 5 ^• 
 
 From London toi Ipwonh >6 d. with Compa- 
 ?Richmond\ny 6 d, 
 '»■ " 
 From London to Twickenham, whble Fare 4 s. 
 
 with Company 6 ^. 
 From London to Kin^ony whole Fare j *. with 
 
 Company 9 </. 
 From LWiJw to Hampton Court, whole Fare 6 s. 
 with Company i /. 
 
 {.Hamfton Town ) whole Fare 7 /. 
 From I.<3»</o» to^5«ni'«7 >with Corapa- 
 
 (^Walton ^ny I /. 
 
 {JValton } , , r « ,^ 
 From Io«^.« to}/Fev^ri4e>w^?le Fare 10 ,. 
 
 From Lo»<^tf» to Stanes, whole Fare n s, with 
 
 Company i j. 
 From London to JVindjor^ whole Fare 14 ^ with 
 
 Company 2 s. 
 
 ^^tes for carrying Goods in the Tilt- 
 ' 'Boat between London and GraveC 
 end. 
 
 For a half Firkin i d. 
 
 Foi a whole Firkin 2 d. 
 
 For 
 
for the ^er of Thames. 39^ 
 
 For a Hogftiead . 2 s. 
 
 For a hundred weight of Cheefe, Iron, or any 
 
 heavy Goods 4 ^. . 
 
 For a Sack of Salt or Corn 6 J, 
 
 For an ordinary Cheft or Trunk 6 J. 
 
 For an ordinary Hamper 6 d. 
 
 For every fingle Perfon in the ordinary Paf- 
 
 fage 6 d. 
 
 For the hireof the whole Tilt-Boat i l.is. 6 d. 
 
 The Lord Mayor for the time being may 
 caufe any Perfon inhabiting within London ^ or 
 the Liberties, to be fummoned to appear be- 
 fore his Lord (hip upon the Complaint of any 
 Citizen; and for non-appearance, may grant 
 his Warrant to bij^g fuch Perfon before him, 
 and hath power to hear and determine diffe- 
 rences between Party and Party. 
 
 If any Apprentice or other Perfon ihall be 
 carried on Ship- board, or there detained againft 
 his Will, the Lord Mayor may fend his War- 
 rant by his Water-BailifF, and compel the Cap- 
 tain or Commander of the Veffel toreleafe 
 fuch Perfon 
 
 By a late Statute made, Ann. 11, & 12, ff^. ;. iVJjerry- 
 cap. 21. For the better ordering and governing '"^» ^*- 
 the Watermen, Wherrymen and Lightermen ^-T/".- 
 on the River of Thames , between Gra^efend and mg„madg a 
 fVindfor, It is Enaded, That all Laws in force CompMjr. 
 touching Watermen and Wherrymen , not 
 thereby altered or repealed, /hall be duy put 
 in execution under the penalties therein con- 
 tained ; And that every Lighterman or Own- 
 er Keeper, or Worker of any Lighter, or o- 
 ther large Craft on the Thamesy between Grave/' 
 end and Windfoty fliall be taken to be of the So- 
 ciety or Company of Wherrymen and Water- 
 men, Which Wherrymen, Watermen and 
 
 Ligh- 
 
^94 Court of Conjervacy 
 
 Lightermen, are by the faid Ad made a Socie- 
 ty or Company. 
 
 That all fuch Lightermen on the River of 
 Thames ( Except Trinitymen, Filhermen, Bal- 
 Jaftmen, Weftern Bargesvind Mill-boats, Chalk- 
 hoys, Faggot and Wood Lighters, and other 
 Craft carrying the fame ) ihall be regiftred in 
 a Bock kept by the Company of Watermen 
 and Lightermen, and be liable to the Rules of 
 the faid Company. 
 
 That the Lord Mayor and Court of Alder- 
 men Ihall yearly eledt eight of the beft Water- 
 men, and three of the beft Lightermen, at the 
 firft Court of Aldermen next after the firft day 
 J. of June, to be Overfeers and Rulers of the faid 
 Wherrymen, &c. who are to maintain good 
 Oilers amongft them, and ro caufe the Names 
 of the Lightermen to be regiftred at their Hall, 
 after the z^tb day of June 1700. then ccm- 
 
 That the faid Rulers and Afliftants were on 
 the firft Court- day after the firft 6 ^y of June 
 then next, and fo yearly to appoint Water- 
 men of tke principal Towns and Stairs, be- 
 tween Grave/end and Wtndfor, to choofe their 
 j0ants. Afliftants, not exceeding fixry, nor lefs than 
 forty Watermen. And the Lightermen on the 
 fiffl of June then next, and fo yearly are to 
 choofe nine Lightermen, who with the Water- 
 men {hall be the Afliftants of the faid Compa- 
 jiy for prticrving good Government amongft 
 them, who on the firft day of July yearly, 
 ihall prcfent to the Court of Aldermen five 
 Watermen, and two Lightermen to be Audi- 
 t( rs of the faid Company, for, auditing the Ac- 
 count!) of the Rulers, &c. And Perfons eieded 
 Rulers, Afliftants, or Auditors, refufingornot 
 well exercifing their places, ftiall forfeit fiv^ 
 pounds. The 
 
/or f fee 5^W o/ Thames. ^95 
 
 The faid Rulers, Auditors and Afliftants, 
 may make Rules with penaltie^^ fpr the, good 
 government of their Society, which ftrft appro- 
 ved by the Court of Aldermen^and after by the 
 Lord Chief Juftice of either Bench /hall be 
 binding. 
 
 That the Lord Mayor and Aldermen cf 
 London, and the Juftices of Peace in the Shires 
 next adjoyning to the Tharnesy between Gravef- 
 end and Ifindjor in their feveral Jurifdidions, 
 upon complaint of the Overfeers and Rulers, 
 lliall hear and determine Offences contrary to 
 this Ad:, and levy the Penalties by Diftrefs. 
 
 That Perfons owning or working any Ligh- 
 ter, or flat Boat for unlading Goods and Mer- 
 chandizes from Ships, d^t^. and Regiftring theiti- 
 felves and Servants in the faid Companies Books 
 by the 2.<jth day of Se^t. 1700. weie there- 
 by declared Lightermen; and none but fuch 
 Regiftered Perfons ( befides free Watermen 
 then after to be Regiftred as Lightermen, and 
 fuch as had ferv'd their time to Lightermen j 
 lliall keep Or work any Lighters, under penalty 
 oi five pounds /er Week. 
 
 That none ( Except Trinity-men y))\ii[\ row or 
 ply on the faid River, &c. in Boats, &c. for 
 carrying PalTengers for profit, but fuch as have 
 ferved their Time, oraie Servants or Appren- 
 tices to Watermen, and all the penalties of this poor. 
 Ad: lliall be paid to the faid Rulers and Over- 
 feers, for the ufe of the poor and decay'd of 
 the faid Society. 
 
 That the Owners, &c. of any Keys betwixt Ownmof 
 Hermitage- Bridge and London- Bridge, may ufe ''^9'^» ^*-' 
 their own Lighters, as heretofore, imploying 
 therein qualified Watermen or Lightermen , 
 And Woodmongers may keep and work Ligh- 
 ters by themfelves, and Servantsiffor carrying 
 their own Goods onlv. That 
 
J 9^ Court of Conferyacy 
 
 Layfiah, That Pcrfons keeping Layftals, may carry the 
 Soyl thence as heretofore, And Gardners may 
 bring to the Markets o( London, &c. their Fruit, 
 Herbs, Ropts, &c. and carry Soyl in their 
 Boats by their own Servants, as heretofore. 
 And that Offences againft this AA ftiall be 
 profecuted within 3 o days. And that Per- 
 ** fons profecuted for any thing done in pur- 
 
 * fuance thereof, may plead the genera! 
 
 Iffue, or vouch this A<a in Juftification ; 
 and if a Verdi(fl pafs for the Defendant, 
 &c. he /hall have double Cofts. And that 
 Offenders punifhed by this A(^, fhaU not 
 incur the penalty of any other for the 
 fame Offence. 
 .* That after the firft day of June then next, 
 the faid Rulers and Overfeers, Auditors and 
 Affiftants on their Court days, might appoint 
 Lttrdf Day. forty Watermen to ply on every Lords Day, 
 between Vauxhall and Limehouje, for carrying 
 Paffengers crofs the River at a penny each ; 
 Which Watermen fiiall account next day for 
 the Money to the faid Rulers, &c. who arc to 
 pay them for their Labour,and apply the Over- 
 Poor. plus to the poor decay'd Watermen and Ligh- 
 termen of the Company, and their Widows. 
 
 And the Watermen neglecfling every Mon- 
 day to pay the whole, fo earn'd and receiv'd, 
 (hall forfeit 40 j. 
 
 But this Ad is not to impeach the Right of 
 Charles late Duke of Richmond and Lenox , Lord 
 of the Manor of Gravefmd, his Heirs, Execu- 
 tors, &c. for holding there the Court of the 
 Watercourfe, for the better Government of 
 Barges, Boats, &c, Vtrvym^^vomGravefend to 
 London, and of the Perfons owning or working 
 of the fame, nor prejudice any Liberties, &c, 
 of the May*, Jurats, &c. of Gravefmd and Mil' 
 
for the^er of Ihzmts. ^97 
 
 ton in Kent, touching the faid PafTage or Ferry 
 thence to London, or the Government th^eof. 
 Nor to hinder the Watermen ol»St. Marga- 
 gets Weftminfier , from plying crofs the 
 Thames from Wefiminjier-Bridge to Stand-'St-Mzrgz^ 
 Gate, and from the Horfe-Ferry to Lambeth- ^^^^^' 
 Bridge on the Lords Day, by turns, as of 
 late, the Moneys earned thereby, being 
 applyed to thfe poor decayed Watermen 
 and their Widow? of the faid Parifh ofSt. 
 Margaret. And any two Juftices of the^^^^ 
 Peace of the faid Parifh, may call the 
 Watermen fo working, to Account, and 
 caure.the Moneys by them earned, to be 
 applyed as aforefaid. Which Watermen of 
 St. Margerett, ihall choofe two Stewards 
 and a Clerk on the 2%d day of Afril 
 yearly, And fliall at a Meeting of their 
 Society , appoint the Watermen (b to 
 work in their turns on the Lords Day, 
 
 An Order made hy the Court o/" Rulers, Audi- 
 tors, 'iW Affiftants of the Company ofVVBr 
 termen and Lightermen, of the River of 
 Thames. 
 
 "'[^^^Hereas fbveral. Watermen and Lighter- 
 men, and the Apprentices of fuch, whilft 
 they are Rowing or Working upon the River of 
 Thames, aad at their feveral refpedive places of 
 refort, or Plying places, between Gravefend and 
 U^dfor, do often ufe fuch Immodeft, Obfcene, 
 and Lewd Expreflions towards Paflengers, and 
 to each other, as they are OfFenfive to all Sober 
 Perfons, and tend extreamly to the Corrupting 
 and Debauchery of Youth. For prevention 
 thereof of fuch 111 Practices for the future, It is 
 
 hereby 
 
jpS Court of Confclmce 
 
 hereby Declared and Ordained by the Court a- 
 forei^i Ij That if any Waterman or Lighterman^ 
 aftei^he i^ir^day oiOBobcr 170 1. fiiall upon the 
 faid River, or at any place of their Refort, asa- 
 
 ^forefaid, be guilty of ufing any fuch Lewd £x- 
 preflions^and be thereof duly Convided^by one 
 or more Witnefs or Witneffes,or by the Confef- 
 fion of rhe Oifender, before the Rulers of this 
 Company,helliail Forfeit a«d pay for every fuch 
 Offence, the Sum of two Shillings and Six JPence. 
 And if any Waterman or Lighterman's Appren- 
 tice fhall herein Offend^ the Mafler or Mifirefs 
 of every fuch Offender, (the Offender being due- 
 ly Convjdedj as aforefaidj (hall Forfeit and Pay 
 the like Sum of Two Shillings and Six Pence ; 
 and in cafe of Refufa* the Q^ender fhall fuffer 
 Corredion, as the Rulers of this Company fhall 
 in their difcretion think fit andnecefTary. Which 
 
 ' faid Forfeitures (when paidj fhall be applyed ro 
 the ufe of the Poor, Aged,Decayed, and Maym- 
 cd Members of this Company, their Widows 
 and Children. Dated at the Hall of the faid 
 Company^ this 8//6 day of OBober, 170 1. 
 
 £. Knight, Clerk. 
 
 The Court of Requefls^ commonly called the 
 JCfiurt of Cotifctence. • 
 
 THE firft beginning of this Court fby as much 
 as appears from any Record ) was in the 
 Ninth Year of Ringf/^wr^the Eighth^ by Ad: of 
 Common Council theni made, where by it was 
 ordained,That the Mayor and Aldermen of ths 
 Cicy o\ London, fhould Month'y Affign and Ap- 
 point two Aldermen and four Commons to be 
 CommiRtoners, to (it in the fame Court ia 
 GuiUhall, upon V/ednejday and Saturday in eve- 
 ry Week, there to hear, examine^ and deter- 
 mine 
 
in the City of London. ^99 
 
 mine all Matte s brought before them, bet'W'een 
 Party and Party, Citizens of London j where the 
 Debt did not exceed forty Shillings, which Aft 
 was to continue two years and no longer. But 
 being found beneficial for the relief of fuch poor 
 Debtors, as could not make prefent payment ^ < 
 of their Debts, and alfo to be a great eafe and 
 helptofifch poor Perfons as had fmall Debts 
 owing to them, and were not able toprofecute 
 a Suit in Law for the fame : The faid Ad hath 
 fincc been continued by divers other Ads of 
 Common Council ; and befidesthe two Alder- 
 men monthly afiigned, the numbePof Com- 
 miirioners was encreafed from four to twelve, 
 and by that A:'uhority the fame Court conti- 
 nued till the firft Year of the Reign of King 
 James : And then divers malicious People ^ 
 
 flighting tbe Authority of the fame Court, and 
 not regarding the expence, how great foever, 
 if' they might ruin their poor Debtors : And 
 being often animated thereunto by divers co- 
 vetous Attornies, petty Foggers and Solicitors, 
 did fi cquently commence Suits for petty Debts 
 and Caufes againft poor Men f Citizens of L<3»- 
 <lon ) in the High Courts at WefiwwJI^, or elfe- 
 where, out of the faid ^Court of Requefts to 
 avoid the Jurifdidion thereof, and to bar the 
 faid Commiflionersfrom ftayingfuch Suits, and 
 examining the faid Caufes, and thereby caufed 
 fuch poor Men many times to pay ten times as 
 much Charges as the principal Debt did a- 
 niount unto, to the undoing fuch poor Men, 
 their Wives, and Children, and alio to the fil- 
 ling of the Prifons with the poor fo fued. For 
 Remedy whereof, and for t^ ftrengthning and 
 cftablifliing the faid Coui^ an Ad of Parlia- 
 ment was made, /i^no pimo Jacohl^ That eve- 
 ry Citizen and Freeman of London, that had 
 
 or 
 
400 Court of Confcmce, 
 
 or flhould have any Debts owing unto him, not 
 
 ^ amounting to 40 s. by any Debtors ( Citizens 
 
 and Freemen of London ) inhabiting in London, 
 
 or the Liberties thefeof, fiiould or might caufe 
 
 fuch Debtors to be warned to appear before the 
 
 Commiflioners of the faid Court, And that 
 
 * the faid Commiffioners, or the greater number 
 
 of them, fhould from time to time fet down 
 
 fuch Orders between fuch Parties, PiaintifFand 
 
 Defendant, Creditor and Debtor, touching fuch 
 
 Debts not exceeding 40 s as they ftioulAfind to 
 
 - ftand with Equity and good Confcience. 
 
 But aft«r the making the faid Ad, divers 
 Evil-minded Perfons took hold of fome doubt- 
 ful and ambiguous Words therein, and wrefted 
 the fame to a wrong Senfe, that they might a- 
 void the Jurifdidion of the faid Court, con- 
 trary to the true meaning of the fai^ Ad. 
 
 For remedy, whereof, and for the farther 
 ftrengthening and eftablilliing the faid Court. 
 An Ad of Parliament was made in the third 
 Year of the faid King James, Intituled, An 
 AH for the recovering offmall Debts, and for the re- 
 Ik'ving of poor Dehton in London. The Tenor 
 whereof^ as followeth. 
 
 ' ^"JpTHereas by virtue of divers Ads of Com- 
 ' V V mon Council made within the Cicy 
 
 * of London, the Lord Mayor and Aldermen of 
 
 * the fame City, for the Relief of poor Deb* 
 ' tors dwelling within the faid City, have ac- 
 
 * cuftomed Monthly to Affign two Aldermen, 
 
 * and twelve difcreet Commoners to be Com- 
 ' niiflioncrs, and fit in the Court of Requetts, 
 
 * commonly called the Court of Confcience, 
 
 * in the Gmldball of the f^me City, there to 
 
 * hear and determine all matters of Debt not 
 
 * amounting to'the fum ot xl s. co be brought 
 
 betbie 
 
in the City of London. .401 
 
 before them :• And whereas at the Seflions of 
 Parliament holden at Wcjiminfter, the Nine- 
 teenth day of Mar-eJ^j in the firft Year of the 
 Reign of our Sovereign Lord the King's Ma- 
 jefty that now is, for the further Relief of 
 fuch poor Debtors, and more perfed efta- 
 bliihing of the faid Court, there was made 
 and provided an Ad, entituled, ASi A^ for 
 recoiitry bf [mail Deks, and relicvwg of poor 
 L^l^rs in London : And whereas fince the • 
 flHkg of the faid Ad, divers Perfons in- • 
 tenmng to fubvert the good and charitable in- 
 tent of the fame, and taking hold of fome 
 doubtful and ambiguous words therein, do 
 wreft the fame for their own Lucre and Gain, 
 to the avoiding the Jurifdidion of the faid 
 Court, contrary tb the godly meaning of the 
 faid Ad. 
 ' For the Remedy whereof, and to the in- 
 tent that fome more full and ample prpvifion 
 may be made for the Refief of fuch poor 
 Debtor, Be-it enaded by Authority of this 
 prefent Parliament, that every Citizen and 
 Freeman of the' City of London^ and every 
 other Perfon and Perfons inhabicing, or that 
 fhall inhabit within the faid City, or the Li- 
 berties thereof, being a Tradefman, Vidual- 
 ler, or a Labouring Man, 'which now have, 
 or hereafter fhall have any Debtor Debts-ow- 
 ing unto him or them, not amounting to 
 Forty {hillings, by any Citizen, or by any o- 
 ther Perfon or Perfons being a Vidlualler j 
 Tradefman, or Labouring Man, inhabiting, 
 or that ihall inhabit within 'the faid City, 
 or the Liberties thereof, fhall or may caufc 
 fuch Debtor or Debtors to be wirned or fum- 
 moned by the Beadle or Officrbr of the faid 
 Court of Requefts for the tili^Wng, by 
 D d writing 
 
402 Court of Confcmice 
 
 writing to be left attheDwelling-houfeoffuch 
 Debtor or Debtors, or by any other realona- 
 ble warning or notice to be given to the faii 
 Debtor or Debtors to appear before the Com- 
 miffioners of the faid Coutt of Requefts, hol- 
 den in the Guildhall of the faid City: And 
 that the faid Commiffioners, or any three of 
 them or more, iliali have Power and Autho- 
 rity by virtue of this Ad, from time to time, 
 to fet down fuch Order and Orders between 
 fach Party and Parties Plaintiffs, and Jwor 
 their fuch Debtor and Debtors DefemBits, 
 touching fuch Debts not amounting to the 
 value of Forty /hillings, in queftion before 
 them, as they (liall find to ftand with Equity 
 and good Confcience : All their Order or 
 Orders to be Regirtred ia a Book, as they 
 have been accufiomed, and as well the party 
 i^raintiff, as the Debtor or Defendant, to ob- 
 ferve, peiform , and keep the fame in all 
 points. And for the more due proceeding 
 l)^ein, ic iliall be lawful for the. fame Coni- 
 miflioiiers, or any three or more of them, to 
 minifrer an Oath to the Plaintiif or Defen- 
 dant, and alio to fuch WitnelTes as Hiall be 
 ' prcdi'Ced on each party, if the fame Com* 
 ' iniilioners, or any three of them or more Ih^U 
 ' fo think it meet. , 
 
 ' And be ic further Enacled by the Authori- 
 ' ty aforefaidjThac if in any AAion ofDebt, or 
 * Ac3:ion uuon<the Cafe upon any A(fumfjit io^ 
 ^ the Recovery of any Debt, tobefuedorpro- 
 ' fecuted agaiaft any the Perfon or Perfons a- 
 ' forefiid, in an-y of the King's Courts at IVefi- 
 ' w/V/c/-, o" elf&where out of the faid Courts 
 'of Requefis, it lliall appear to the Judge or 
 ' Judges of the Court where fuch Adion fhall 
 ' be fued or profecuted, chat the Debt to be 
 
 reco- 
 
in the City of London. 405 
 
 recovered by the Plaintiff in fuch Action doth 
 not amount to the fum of Forty /hillings, and 
 the Defendant in fuch Adion /hall duly prove ' 
 either by fufficient Te/timony, or by his own 
 Oath, to be allowed by any the Judge or 
 Judges of the faid Court where fuch Action 
 /hall depend, that at the time of the com-, 
 mencing of fuch A.3ion, fuch Defendant 
 was inhabiting and relideht in the City of 
 London J or. the Liberties thereof, as above, 
 Tli^t in fuch cafe the faid Judge or Judges 
 I not allow to the faid Plaintiff any Cofts 
 
 of Suit, but /h^ award that the iame Plain- 
 tiff /hall pay for^uch ordinary Cofi"s to the 
 party Defendant , as fuch Defendant /hall 
 juflly prove before the faid Judge or Judges, 
 ic hath truly coft him in defence of the faid 
 Suit. 
 
 ' And be it further Ena(fted, That if any 
 Plaintiff or Creditor, Defendant or Debtor, 
 after warning given to him or them, in man- 
 ner and form before in^ this A<51 mentioned, 
 by the faid Officer of the faid Court of Re- 
 quefts, /hall without ibme juft or reafonable 
 caufe of Excufe refufe to appear in the faid 
 Court before the faid Commiflioners, or /hall 
 not perform fuch order as the (aid Commifli- 
 oners, or any three or more of them, /hall 
 fet down, of or concerning fuch Debts as a- 
 forefaid, That then it /hall be lawful for the 
 faid Court, or any other of the Sergeants at 
 Mace of the faid City by Order of the faid 
 Commiflioners, or any three or more of them, 
 to commit fuch Party or Parties to Prifon, 
 into one of the Counters of the faid City, 
 there to remain until he or tlaey /hall perform 
 the order of the ftid Commiflioners in that 
 behalf. 
 
 ^ D d 2 Provided 
 
,404 Court of Conjdence. 
 
 * Provided always, That this A<ftj or any 
 thipg therein contained, fhall not extend to 
 any Debt for any Rent upon any Leafe of 
 Lands or Tenements,. or any other real Con- 
 trads, nor to any other Debt that ihall arife 
 by reafon of any Caufe concerning a Tefta- 
 nient or Matrimony, or any thing concern- 
 ing or properly belonging to the Ecclefiaftical 
 Court, albeit the fame ihail be under Forty 
 Si.illings: Any thing before contained to the 
 contrary in any^ wife nocwithftanding. 
 
 And by this laft repeated^d, this Court is 
 eftabljfhed and continued m this Day. The 
 courfe and pra(5tice the-eof is by Summons ; to 
 which if the Party fummoqed appear not, the 
 Commiffioners may make an Order to commit 
 him ; and if he appear, they proceed fumma- 
 rily to Judgment, examining both Parties and 
 VVitneffes iipoifOath, an^ as they fee caufe 
 give Judgment without more ado. 
 
 And Note, That the Lord- Mayor and Court 
 of Aldermen do monthly a{iign fuch Aldermen 
 and Commons to fit as Commiffioners in the 
 faid Court, as they think ht : And the fame 
 Perfoiis, or any three of them, make a Court, 
 and do fit in Guildhall every JVednefday and Sa- 
 turda)' in the Foreiioon, to hear and uetermins 
 fuch Caufcs as con:e before them. 
 
 A Caufe may be brought and determined in 
 this Court for icd. Charge, i/ix,. Sixpence 
 for t!ie Plaint and the Suminons, and /[d. for 
 the Order : But if the Defendant do not ap- 
 pear the fecond Court- Day after Summons, an 
 Attachment will be awarded againft him, 
 which wiil compel him to appear, and encreafs 
 the Chaise. *• 
 
 li 
 
in the City of London. 40 J 
 
 If any Citizen fcall be arrefted for a Debt 
 under 40 s, this Court will grant a Summons 
 for the Plaintiff in the Action j and if he ap- 
 pear not the firft Court- Day after the Summons 
 left at his Houfe, will grant an Attachmeat 
 againft him^ and force him to take his Debt, 
 and pay the Defendant his Coils. And if any 
 Attorney in London fhall prefume to go on in 
 any fuch Suit, after notice to the contrary^ or 
 fhall refufe to obey the Order of this Court, 
 upon Complaint thereof made to the Court of 
 Aldermen, they will fufpend fuch Perfon : As 
 foon after the making the laft recited Ad, hap- 
 pened to one Hutton, one of the Attorneys of 
 the Sheriffi Court, for a contempt againft the 
 faid Court. 
 
 In the Mayoralty of Craven, this 
 
 Hutton wa| fent for by the Commiflioners fit- 
 ting in tmt Court j and he refufing to come 
 before them, they made complaint to the Court 
 of Aldermen, who thereupon made an Order 
 to difmifs him frbm his Office of an Attorney j 
 which Order followeth in thefe words. 
 
 Craven^ Mayor, 
 
 JoVw 24. die January, Anno Domini 
 1610. Annoque ^gis Jacobi Angl, 
 <src, oBaVo, 
 
 * TpHis Day Sir John Jolls, Knight and AI- 
 
 * A derman of this City, did declare unto 
 ' this Court, That he and three difcreet Com- 
 ^ moners of this City (amongft others) affign- 
 I ed by this Court to be Commiffioners for this 
 
 Dd 3 'inllanc 
 
j^o6 Court of Confcknce 
 
 inftant Month of January fcr the Court of 
 Requefts, commonly called the Court of Con- 
 fcienc€j according to an Ad: of Parliament 
 made in the Third Year of the Reign of the 
 King's Majefty that "now is : And that they 
 fitting in the faid Court of Confcience in the 
 GuildhaU of this City^ yefterday laft being 
 Wednefday the three and twentieth of this In- 
 ftant January y to hear and determine Matters 
 for the Recording of fmall Debts, and relie- 
 ving of poor Debtors in this City, according 
 as by the faid Aft of Parliament they are au- 
 thorized, and only out of a confeionabie 
 Care to be certainly informed of the true 
 ftate of a Cafe brought before them, and 
 which was depending in the Sheriffs Court, 
 where they were informed that Thomas Huttovj 
 one of the Attorneys in the Sheriffs Court, 
 was retained for the PlaintifFin the^id Court : 
 And the faid Hutton bein^in the ^Id-hally m 
 the view of the faid Sir John Jolbj and other 
 the Commiffioners, the faid Commiffioners 
 commanded the Beadle of the faid Court to 
 go to the faid Hutton, and require him pre- 
 fently to come to the faid Sir John JoUs, and 
 the other Commiffioners. And albeit the 
 Beadle went two feveral times to him, yet 
 the faid Huttcn peremptorily and contemptu- 
 oufiy made anfwer. That he neither could her 
 would ccryte to them. The which being here 
 examined in full and open Court, and the 
 laid Hutton called to anfwer the fame, was in 
 part ccrFtfscd by the faid Hutton, and alfo 
 proved by the Oarh of the Clerk and Beadle 
 of the 'U\d Court of Requeiis. And to ag- 
 gravate the Wii Offence and Contempt,, the 
 Ciid H'Mton here in open Court, did affirm. 
 That he knew not what Authority that Court had 
 
 'to 
 
m the City of London. 407 
 
 ' to fend for him. The which Indignities and 
 . ' Contempts oflfered to Commiflioners chofen 
 ^ by this Court, and eftablifhed by Ad of Par- 
 ' liament, and to an Alderman of the City of 
 ' London, by a Subordinate Officer of this City, 
 ' This Court do generally hold the fame in- 
 ' tolerable, and the faid Hutton worthy of fe- 
 
 * vere and condign Punirtiment : And therefore 
 
 * do order and decree that the faid Thomas Hut- 
 ^ ton fhall be prefently and abfolurelydifitiifTed; 
 ' and this Court doth abfolutelv difmifs him of 
 
 * and from his faid Vlace and Office of one of 
 ^ the Attorneys of the faid Sheriffs Court afore- 
 
 * faid. And Mr. Dale, one of the Judges of 
 ' the faid Court, was fent for, and being here 
 ' private, was required to lake notice thereof^ 
 ' and to publifh the fame in the Sheriffs-Court, 
 
 * and to take private Order that the faid thomas 
 
 * Hutton be not admitted hereafter to pradife 
 
 * any more in the faid Court. 
 
 T7;^ Clerks Fees of this Court, 
 
 FOr every Plaint • 2 d. 
 
 For every Appearace • 2 d. 
 
 For every Order 4 d. 
 
 For every Precept ^ Warrant to commit to 
 Prifon 6 d. 
 
 For every Search » zd. 
 
 For every fatisfadion acknowledged upon an 
 Order 6 d. 
 
 P d 4 Beaalet 
 
40 8 Other Courts 
 
 Seadles Fees. 
 
 FOr warning every Perfon within the Liber- 
 ties 4 d. 
 For warning every Perfon without the Liber- 
 ties 6 d. 
 For ferving every Precept or Warrant 4 d. 
 
 T 
 
 Here are feveral other Courts kept within 
 the City of London : as, 
 
 1. The H^lraote. 
 
 2. The Court of the Coroner. 
 ^. The Court of the Efcheater. 
 4. The Court of the Tower. 
 
 - r 
 
 The Halmote. 
 
 1. The Halmote, or Court of the Hall, is 
 
 that Court which every Company in London 
 
 keep in their Halls, which was anciently call'd 
 
 the Halmote or Folkmote. 
 
 ♦ 
 
 The Court of the Coroner. 
 
 2. The Mayor is Coroner within the City, 
 and this Court is held before him or his Deputy. 
 
 Efcheators Court. 
 
 ^ And the Lord- May or is alfo Efcheator 
 within che faid City ; and this Court of Ef- 
 cheator js alfo held before him or his Deputy. 
 
 The 
 
m the City of London. 40 J 
 
 The Court of the Tower. 
 
 4. This Court is held within the Verge of 
 London, before the Steward there by Prefcripti- 
 on, for Debt, Tre^afs, and other Adions of 
 any Sum greater or leffer. 
 
 ♦ 
 
 St. Martins le Grand. 
 
 There is alfo a Court held at St. Martins U 
 Grand, but is diftin(5t from the Government of 
 the City of London^ and is fubjed to the Liber- 
 ty of the Deanry of Wefiminfier. It is a Li- 
 berty wherein a Court of Record is kept 
 Weekly every Wednefday, for the tryal of all 
 Perfonal Adions, of what nature foever 5 and 
 there is a [Court-Houfe and a Prifon. The 
 leading Procefs is a Cafias againft the Body, 
 or an Attachment againft the Goods ; fo that 
 a Man's Goods may be A«rrefted in his own 
 Houfe upon the firft Procefs, if he be not ta- 
 ken ; which is according to the pradice of all 
 ancient Liberties or^ranchifes^ 
 
 There is alio the Prerogative Court, and 
 Court of Admiralty, held at DoBors-Commons, 
 within the City of London ; of which we (hall 
 add no more in this place^ they being elfewhere 
 trjBated of at^large. 
 
 Here 
 
41 o Court Fees J &c. 
 
 Here- follow feveral Certificates of 
 Fees, accuftomed to be taken by 
 the feveral Prothonotaries, Seconda- 
 ries, Actornies, and Sitting Clerks, 
 belonging to the Sheriffs of the 
 City of London, And alfo of the 
 feveral and particular Fees taken 
 ofPrifoners committed to either 
 of the Compters in Wood/lreet or 
 the (poultry^ London. With Notct 
 of the ancient Fees, Duties, and 
 Claims of the Keeper of Ludgate^ 
 for all Perfons committed to that 
 Prifon. 
 
 In oleMence to the Command of this Ho' 
 
 muralle Court ^ ./Roger Goodday, one 
 
 Fees of the of the tivo Prothonotories of the Sheriffs 
 
 Prothonor Courts held in i he Guild-hall, London, 
 
 Thesherifs ^^ humlly cCiiife^ That the Fees taken 
 
 Court. hy me for anj hufine(s hy me done^ ap- 
 
 pertaining to the fame Courts ^ hy ver- 
 tue of my faid Office ( which is only 
 (or Declarations of the fame Courts 
 made hy me) are as followethy viz. 
 
 "T^Ov thefe general Declarations intituled as 
 r folioweth, to wit, Jjjumffit^ Injult* Jkcit, 
 Dohiu fregltj Ejeciion Firme^ Verhis Scandalofsj 
 
 JT<h 
 
tn th City of London. 411 
 
 TfO'ver pro Bonisy Trover pro Vecuniis, Concejjit 
 . [elver e^ Billa Penults , Billajiwplex d^ Scriptutn chli- 
 £atorium, Twelve Pence a piece is taken, and 
 no more. 
 
 Item^ For thefe other general Declarations^ 
 intituled .as followeth, to wit, /ijjumpfit- cui 
 feci. Adm'intftratricis marital Ajjumpfit adjec^' Ad- 
 minijirator. vel adTninlfiratric Jol. Ajjumpjit 'uerjus 
 Adminlftrator. vel adminiftratic jol.t'el 'verjw admi- 
 ni^ratric maritat. Aj[ump(it ad /eft' Executor, vel 
 Executric fol. vel adject' Executric maritat^ Af- ■ 
 jumpfit verjus Executor' vel verfus Executric , fol. vel 
 verJHS Executric maritat' AjJ'umpJit ad jeB* viri d^ 
 uxorts dmn fola, vel verfus virum O' uxorem dum 
 fola, Affumpjit pro fupervivevt. Conceffit Jolvere pro 
 Executor vel pro Executric fol a, vel pro Executric 
 war it at' , vel vtrjus Executory vel verjtts Executric 
 fclaWf vel vaftts Executric maritat^ , ConcejJ. jolvere 
 pro Adminijlrator' vel pro Adminijtratric fola vel 
 pro Adminiflratric maritat\ vel verfus Adrmmfira- 
 tor vel verfns Adminifiratric folam, vclverjus Ad- 
 minifiric maritai ; Scriptum vel Billa Jimplex pro 
 Executor y vel pro Executric Jola vel pro Exsctttric 
 maritat* vel verfus Executor, vel verfus Executric^ fol. 
 vel veifus Executric maritat' d^ Billa. Jimplex vtl 
 Scriptum pro Adminijlrator vel pro Adminijlrntric 
 vel pro Adminijiratric maritat. vel verfus Admini- 
 fir at or. vel verjus Adminifiratricem jolam vel verjui 
 Adminiflraticem maritat\ Duo jcripta^ due bilk 
 fimplices, un Jcript, cum un Billa fi-mplicef Scriptum 
 cum Con fol. Billa [implex cum Con jol. Scriptum unde 
 fatisfecit, Billa fimplex unde fat isfecit y Scriptum fro 
 Jupervivent. Billa /implex pro /upcrvivent. Scriptum 
 ad feSi' viri c^ uxor, dum fola, vel verfus virum 
 dr uxor. dumfoL Billa /implex pro viro & uxor, 
 dum fol. vel verfus virum d^ uxor, dum fol' d^ Con- 
 ceffit folverc verfus uxorem fol. mercandizan alf^j 
 
 viro. Sixteen Pence a peice is taken, and no 
 more. For 
 
All I 
 
 41 ^ Court Feesy Sec, 
 
 Item, For thefe other general Declarations^|| 
 intituled as followeth, viz,. Quantttm meruit pro' 
 efcftlent* d^ poculent' allocat. Defend, fol. e^ ajfumtjit 
 t^ Quantum meruit general pro bonis ( ji Scbedula 
 , Jit brevis) .& ajfumpfit^ Twenty Pence a piece 
 only is taken and no more. | 
 
 Item, For a Declaration upon an Appren- 
 tice's Indenture, if for Abfence only, or for 
 in>bezling Goods only, but Two Shillings Six 
 Pence is taken, and no more; but if there be 
 more Breaches than one, it is to be drawn, and 
 then it is reckoned for a fpecial Declaration. 
 
 Item, All other Declarations ( together alfo 
 with Trover pro bonis (^ quantum meruit pro bonis, 
 if the Goods be many, and cannot be contained 
 within the fpace left in the general Blank) ar©< 
 to be drawn firft,and afterwards to be fairly In-^ 
 grolTed, and are therefore called Special Decla- 
 rations ; for which 'there is taken Four Pence 
 fer Sheet for every Sheet drawn, and Four 
 Pence per Sheet for every Sheet IngroiTed, and 
 no more. And thefe, as I am informed, ars 
 the ancient and accuftomed Fees. 
 
 But it. is to be .underftood, that I have to 
 my felf but the Moiety of thefe Fees for Decla- 
 rations, as they happen, and William Ne^vboU 
 the other Prothonotary, hath the other Moiety 
 thereof. And fo in the like manner for Decla- 
 rations of the fame Court, done by the faid 
 William Newbold, he hath the one Moiety of; 
 the Fees thereof to himfelf, and I the other 
 
 Moiery thereof. 
 
 i 7 . March 
 166;. 
 
 9^0. Goodday, ' 
 
in the City of London. 41} 
 
 The Fees dut to and ufually taken by 
 William Newbold, the lounger^ by \ 
 Vertue of his Office of one of the two 
 Troi'honotaries of the Courts held before 
 both and either of the Sheriffs of the 
 City of London, (pro tencipore) in 
 the Guiy-hall of the fame City, for 
 any Declaration whatfoeyer^ upon any 
 Plaint or AEiion leVted before both and 
 either of the /aid Sheriff's j are as foU 
 lowethy viz. • 
 
 FOr every General Declaration upon, i. An 
 Jjjumpjit, 2. Upon an AlTault, 5. Upon 
 a Dowum /regit, 4. Upon an Ejeiftment, 5". Up- 
 on a Trover for Englijh Moneys, 6. Upon a 
 Cofjcej/it fohefe, 7. Upon a fingle Bond, 8.Up" 
 pon a fingle Bill, 9. Upon a fingle Bill Penal. 
 ic. Upon general fcandalous words, as Thief, 
 Whore, and the like; when it is only written 
 and ingrolTed by me into Parchment, and not 
 drawn into Paper, Twelve Pence. But when 
 fuch a Declaration is drawn by me into Paper, 
 for the Client to go to Council with, or other- 
 wife to ufe at his pleafure, for every Sheet there- 
 of Drawing Four Pence ; and for every Sheet 
 thereof Ingrofling, Four Pence. 
 
 For every General Declaration upon a Tro- 
 
 ' ver for Goods, if it be ordinary, that is to fay. 
 
 If the Goods contained in the Schedule be but 
 
 of few Parcels, and may be contained in the 
 
 two Lines fpace ufually left in the IngroiTment 
 
 of 
 
i^l4 Court FeeSy 8cc. 
 
 of a Blank Trover for Goods, Twelve Pence. 
 But if it be extraordinary, that is to fay, the 
 Goods contained in the SchedSe be many and 
 
 £ divers for kind, and cannot be contained in the 
 two Lines ufually left in the Blank, as before, 
 then for every Sheet thereof Drawing Four 
 Pence, and for every Sheet thereof Ingroffing 
 Four* Pence. 
 
 For every General Declaration upon i. An 
 Ajjumfjit at the Suit of an Adminiftrator, 2. Up- 
 on a Concejfit Solvere at the Suit^f the fame, 
 ;. Upon a fmgle Bill or a fingle Bond at the 
 
 * Suit of the fame, 4. Upon an Jjjumpjit againftj 
 an Adminiftrator, ^.Upon an Ajjumfpt again" 
 an Executor, 6. Upon an Ajfum^ftt againft a 
 Exefutrix.married or unmarried, 7. Upon an 
 Ajjumffit againft an Adminiftratrix married or 
 unmarried, 8. Upon a ConceJJit Solvere a-^ 
 •gainft the fame, 9. Upon a fmgle Bill or a 
 fingle Bond againft the fame, 10. Upon a Cen- 
 c^? ^(y/wre againft an Adminiftrator, 11. Up- 
 on a Concejfit Solvere at the Suit of an Executor^ 
 , 1 2. Upon a ConceJJit Solvere at the Suit of an 
 Executrix, married or unmarried, 13. Upon a 
 Concejfit Solvere againft an Executor, 14. Upon 
 a Concejfit Solvere againft an Executrix, married 
 or unmarried, i y Upon a fingle Bill or fingle 
 Bond aj^ainft an Adminiftrator, j 6. Upon the 
 like at the Suit of an Executor, 17. Upon the 
 like at the Suit of an Executrix, married or un- 
 married, 18. Upon a fingle Bill or fingle Bond 
 againft an Executor, 19. Upon a fingle Bill or 
 fingle Bond againft an Executrix, married or 
 wiijiarried, 20. Upon an Ajfumpjit at the Suit 
 of ah Executor, 21. Upon an JJJ'ump/it at the 
 Suit cf an Executrix, married or unmarried, 
 22. Upon an JJfumpJtt at the Suit of an Admi- 
 niftratrix, married or unmarried, 25. Upon a 
 
 CoTt" 
 
in the City of London. 415 
 
 CcnceJJit SolvereSLt. the Suit of the fame, 24. Up- 
 on a llngle Bill or fingle Bond at the Suit of the 
 fame, 2^. Upon two fingle Bonds, or two 
 fingle Bills, 26. Upon a fingle Bond and a 
 Concejfit Solvere, 27. Upon a fingle Bill, and 
 Concejfit Solvere, 28. Upon a Bond unde fatitfecit, 
 29. Upon a fingle Bill unJe fatisfecit, 30. Up- 
 on a Bond or Bill at the Suit of a Survivor, 
 3 1. Upon an JJft^wpfa at the Suit of the fame, 
 52. Upon a Bond or fingle Bill made to the 
 Wife when unmarried, 55. Upon a Bond or 
 fingle Bill made by the Wife when unmarried, 
 54. Upon an Affump/it: made to the Wife when 
 unmarried, ; j". Upon an Ajfumffit made by 
 the Wife when unmarried, 56. Upon aCe»- 
 ct([it Solvere againft a Wife trading without her 
 Husband j when it is only written and in- 
 grolTed by me into Parchment, and not drawtt 
 into Paper, Twelve Pence. But when it is 
 drawn by me into Paper, as is before expref- 
 fed, then for every Sheet thereof Drawing, 
 Four Pence ; and for every Sheet thereof In- 
 groffing, Four Pence. 
 
 Fof every general Declaration upon a ejuan- 
 turn meruit for Meat, Drink, and Lodging, 
 allowed to the Defendant in the Plaint only, 
 Vvheri only Ingroffed as before. Twenty Pence; 
 but: if drawn as before, for Drawing Four 
 Pence a Sheet ; and for Ingrofling Four Pence 
 a Sheet. ^ 
 
 For every General Declaration upon a ^»<?»- 
 :um meruit, for Goods fold" and delivered, if 
 the Goods in the Schedule be few, and may 
 be contained in two Lines (according as it is 
 before expreffed , for a Declaration upon a 
 ^Trover for Goods) Twenty Pence ; but if not, 
 then for Drawing Four Pence a Sheet, and for 
 Ingrofling Four Pence a Sheet. 
 
 For 
 
41 6 Court F^es^ 8cc, 
 
 For every General Declaration upon an In* 
 denture of Apprenticehoodj if for Abfence 
 Only, or for Purloining his Matter's Moneys 
 and Goods, it being Ingrofs'd, only Two Shil- 
 lings and Six Pence. But if it be for more 
 Breaches than one, then for every Sheet there- 
 of Dra'wing Four Pence ; and for. every 
 Sheet thereof Ingroffing Four Pence. 
 
 For every ©ther Declaration, which is not 
 a general one, as before, but a fpecial one, fof 
 eveiy Sheet thereof Drawing, Four Pence ; 
 and for every Sheet thereof Ingroffing, Four 
 Pence. 
 
 Tuefday 2 nd day of March, 
 ji7mo Dom. 1^63. j^nnoq; 
 Regni R«gis', Caroli 5«- 
 tU7tdi yingU<e, &c. 16. 
 
 • 
 
 V^iam NewhoU Jun: 
 Prothonocary. 
 
 A par 
 
in the City of London. ' 4' 7 
 
 J particular of Fees taken and due to the 
 Secondaries in London, for ^turn 
 and Execution of Trocejs ^turnablc 
 in the Courts at Weftminfter, and 
 elfewhere, . 
 
 i.TJ^Or returning a Nichil upon an Original 
 J: Wric in Trefpafs 4 d. 
 
 2. For return of a Summons upon any fuch 
 Writ 2 s. 
 
 5 . For return of IlTues upon any Diftringas fued 
 out upon any Original 2 /. 
 
 4. For 3 Warrant upon a La. or any Procefs 
 • before Judgment 4 d. 
 
 5- For charging a Prifoner with any Writ 2 j. 4 ^. 
 
 6. For return of Non efi Inventus, upon any 
 Wric 4 2 
 
 7. For return of a Cep* Cor upon any Writ 4 d. 
 
 8. For return of a Ha. Cor. upon a.Cef Cor or 
 <'/i/?r' Kuper 'Vic 4 d. 
 
 9. For a return of afpecial Cef Cor where the 
 Defendant is prifoner, or in any other fpeci- 
 al cafe 2 s, 
 
 10. For allowance of, a Superfed* upon a Wric 
 of Error, or upon any other Wric for every 
 Name 2 s. ^d. 
 
 11. For a Bail for aBond for Appearance 2*. 4^/. 
 
 12. For aReleafe upon any Writ before Judg- 
 ment ' 2 J. 4 d. 
 
 I ;. For a Warrant upon a Writ of the Peace, 
 and good Behaviour out of the Crown-Office 
 
 2 J. 4 d, 
 14. For a Warrant upon a W^Sc of Haber' fac 
 
 fofeir zs.^d. 
 
 Ee li. For 
 
4ij?' Court Fees^ Sec. 
 
 1 J-. For a return of the fame Writ, and entry 
 
 thereof 6 s. S d. 
 
 1 6. For executing a Writ of Inquiry of Dam 
 
 10 X. 
 
 17* For executing a Writ of Inquiry for a 
 Dcvajlavit - 1 5 /. 4 </. 
 
 18. For executing a Writ of Eleg. or Fi. Fa, 
 whereby any Lands or Goods are feized, or 
 of a Ca. Sa- the Statute aUows poundage, 
 though we take under the Allowance, re- 
 fpeding what benefit the Plaintiff makes, 
 and what Trouble we are at, the Officer and 
 Appraifers being paid 
 
 For return of a Devaf^avtt upon a Fi.Fa. where 
 Affsts are found upon fully Admin' and 
 Entry 6s.8 d. 
 
 For return of a Fier' Fee upon a Fi Fa. 2 s. 
 
 For return of a Null' hn upon a Fi. Fa. 4 J.^ 
 
 For return of a FtK.FaAoi: an ordinary Jury 4 d* 
 
 For return of a. Yen. Fa. to a party Jury 2 s. 
 
 For return of an ordinary dij^/ Jur z s. ^d. 
 
 For return of a party or Ipecial dijir Jur 4 s. 
 
 Sd, 
 
 For a Tales upon an ordinary Jur' 2 s. 
 
 For a Tales upoq a fpecial Jur 4 /. 
 
 For a Nkhll or a Mortuus upon a ^c' F^* 12 </. 
 
 For a Sc Fee. or a Summons upon a 5c' i^»' 2 /. 
 
 For a Warrant upon a 5a' F<«' 12 ^. 
 
 Upon a Writ of H)« Cor^ cumcaufa, to remove 
 any Adion unto any Court at WeHmin- 
 Her 
 
 For the allov/ance to the firft h^ion 2j. 4 f/. 
 
 Tor every other Adion 4 d. 
 
 For return of the firft Adion is.6d. 
 
 For every other Adion i s* 
 
 For return of every Writ if not Judicial is./^d. 
 
 Forreiuin of ev||py Judicial Writ ^ s. ^d. 
 
 For a Bill co certifie the Caufe froin oneCoun- 
 
 ' ter 
 
in the City of London, 4 1 ^ 
 
 ter to another 4 J. 
 
 For allowance of a Certiorari to remove an At- 
 tachment 2 J. 8 J. 
 For return of the fame if no Proceedings 
 
 6s.Sd. 
 If proceeded upon, or more Attachments|then 
 
 one, returned according to the length and 
 
 difficulty thereof. 
 For return of an Exigent allowed fof every 
 
 Name Outlawed or Waved 4 J. 
 
 For z ReddfMt fe, or Retraxit for every Name 
 
 • 12 d. 
 
 For allowance of a Superfed' to an Exigent, fod 
 
 every Name before ^he return iz d. 
 
 For every Name after the return 2 /. 
 
 For the Clerk for filing of it " 4 d. 
 
 For allowance and return ot a Certiorari upon 
 
 an ex' Fa' 4 s. 10 d. 
 
 For return of a Proclamation upon an Exigent 
 
 or other Writ i^d. 
 
 For the Copy of an ordinary Exigent, or other 
 
 Writ 4 d. 
 
 For the Copy of an extraordinary long VVrit,ac- 
 
 cording^ the length of it 
 For the Copy of a Pannel for a Jury 4 d. 
 
 For executing and return of any Precept in 
 
 Dower or Partition, according to the length 
 
 and trouble. 
 
 { 
 
 Edv/. Trotman. 
 '^dw. Leigh. 
 
 E e z Jhj^. 
 
420 Court Feesy Sec. ^ 
 
 7he feveral Fees accujlomed to he taken 
 as of ^i^ht belonging to the Jttorneyes 
 of the Worf?'tpful the Sheriffs Courts 
 ILoridon. , 
 
 UPdn every Retainer by Plaintiff or Defen- 
 dant . IS. S d. 
 
 After Appearance and Declaration upon every 
 further Imparlance or IlTue i s. Sa. 
 
 Upon the Summons of a Jury i s. S d. 
 
 Upon any Provifo crajedby the Defendants 
 Attorney i s. S d. 
 
 Upon any Motion* whereupon the Court puts 
 off a Trial is. S d. 
 
 Upon Argument upon a Demurrer joyned, 
 fpecial Verdid or Motion in Arreft of Judg- 
 ment. * 3 /. 4 X 
 
 Upon Imparlance to fpecial Pleadings i s.8d. 
 
 For drawing fpecial Pleadings per Sheet 4 </, 
 
 For Ingromng thereof 4 d. 
 
 Upon a wager of Law perfeded^r tendred 
 
 I s. 8 d. 
 
 Upon any Judgment obtained by Default upon 
 Attachment or otherwife i s. 8 d 
 
 Upon Revival ofa Judgment by Scir'fac* is.8d, 
 
 VJpon fatisfadion entred upon a Judgment by 
 Warrant. 1 s.8 d. 
 
 'iar'ker. 1 ^Longworth ( 
 ' Bincks. (s.J'^- Ajres. 
 
 'i>iath. Barker. 1 ^Longworth Crofjg. 
 
 Richard 
 
 yo. Bayms. 
 
in the City o^ Londoa 421 
 
 A Table of the Fees due^ and ufuaUy tcu 
 ken by the Clerkfitters belonging to the 
 
 ^ Sheriffs Courts in both Compter Sy Lon- 
 don, as followetK 
 
 IMprimis, For entry of every Adion 4 i. 
 Itemt For the Copy of the Bail 4 </. 
 
 Item, If the Defendant be a Freeman, and re- 
 quire defaults for e||^ring the fame 4«/. 
 
 Item, If the Defendant yield himfelf to an 
 Action without an .^rreft, or for Difcharge 
 of his Sureties after Arred, or to an Aftion 
 in Diffolution of an Attachment for entring 
 me fame 4 d. 
 
 Item, If the Defendant undertakes to fave his 
 Bail harmlefs, for Recording the fame 4 d<. 
 
 Itenii If the Bail Reprieve the pefendant, the 
 Bail payeth for entring the fame, and for 
 his Difcharge 4 /• 
 
 Itewy For the return of every Attachment or 
 Sequeftration 4 do 
 
 item, For the Copy of every A<5l:ion, and of 
 every Attachment 4 d. 
 
 Item, For every brief Copy to, make the Plain- 
 tiffs Declaration, and for his W^irrant of 
 Attorney . 4 d^ 
 
 Itewi For every Warrant of Attorney for the 
 Defendant 2 d, 
 
 ^tem. For entring of a Nonfuit for want of a 
 Declaration 2 </» 
 
 Item, For the amendment of an Adion in the 
 Name or Sum " 2 d. 
 
 Item, For altering the nature of an A^ion, 
 
 from one kind to another 4 d» 
 
 ttum, for entry of a Si pocidatar ^oith^ Sar- 
 
 £« ^ liifhe$ 
 
411 Court FeeSy &cc. 
 
 nifhees Attorney 4 4. 
 
 Item, For perfedving an Adion according to a 
 Specialty, forevery perfedion 2d. 
 
 Iterffi For every Warrant of Attorney for the 
 Plaintiff, upon an Attachment or Sequeftra- 
 tion 4^. 
 
 Item, For a Bail in DilToludon of an Attach- 
 ment is. 4</. 
 
 And for entring fuch Diffolution i /. 
 
 Ittm, For -a Note teflifying fuch Diflblution 
 
 6d, 
 
 ' Item, For every Scire fa^ Bill of Appraifement 
 
 or Sequeftration for (Soods, unlefs they con- 
 
 fift of very many parcels, in which cafe they 
 
 ever took according to the length 2 s. 
 
 Item, For every Precept to Apprize Goods up- 
 on an Attachment 2 0k\d. 
 
 Item, for return of every Elongavit upon every 
 fuch Precept i s. 
 
 Item, For every Bail is. 4. d. 
 
 Item, For eveiy Bail taken out of the Office 
 
 Is.Zd. 
 
 Item, For a Bail upon an Attachment, to re-" 
 ftor^the Money or Goods condemned, in 
 cafe tlie Defendant fhall difprove the Plain- 
 tiffs Debt within a year and a day i j. 4 </. 
 
 liem, For awarding every Venire fac for Tryal 
 of an Iffue, and the return thereof, 8 d, 
 whereof we allow to the Clerk of the Papers 
 in cafe h^ makes the Venire fac 2 d. 
 
 uem, ^r every VtvdXd: Juror withdrawn, and 
 drawing up thereof, or Non-fuit upon Try- 
 al 1 s. 6 d. 
 
 Itim, for drawing every fpecial Verdid, for e- 
 very felieet 8 d. 
 
 Item, For tbe Copy of every fpecial Verdidt, 
 for every Sheet 4 d. 
 
 Item, For Ingroding of every fpecial Verdi<5t, 
 
 for 
 
in the City of London. 42 j 
 
 for every Sheet 4 d. 
 
 Item, For marking a Cauie before the Lord 
 Mayor 2 d. 
 
 htm, When a Caufe is by the Lord Mayor ge- 
 nerally remitted to Judgment^ for entring 
 thereof 2 d. 
 
 Item, When the Caufe is remitted by the Lord 
 Mayorj with an Order for time of payment, 
 for entring that Order 4</. 
 
 Item, Upon a Hah. Corpus brought to remove a 
 Prifoner, when a Mittatis Caufas is brought 
 from one Compter to th'other, or from the 
 Lord Mayors Court for fearching and fign- 
 ing, if no caufe be 4 d. 
 
 If there be caufes for certifying every Aiftion 
 
 4 d. 
 
 Item, For certifying every Writ i /. 
 
 Item, For a Bill of Charge or Difcharge of 
 Anions, from one Compter to th'other 4 d. 
 
 Item, For every Search 4^. 
 
 And for the Difcharge of every Prifoner by the 
 Clerkfitters fetting his Hand, for that pur- 
 pofe to the Keepers Book . i /. 
 
 Item, For withdrawing every Adion of Debt Thejebelmg 
 above forty Shillings, A<5lions of Accompt;, to the shf 
 or breach of Covenant i /. ^^^^> """^ 
 
 Item, For every Action of Debt under forty ^^p^^and 
 
 Shillings ' /^d.paidac- 
 
 Item, For withdrawing every Ad:ion of TreG- cordingiy. 
 pafs, ©r Adion upon the Cafe 6 d. 
 
 item. For every Proredion 7,s. 6 d. 
 
 Item, For a Bail taken before the Lord Mayor 
 
 in the Defendants abfencc 2 j. 8 </. 
 
 Item, For the Diflblution of an Attachment 
 
 thereupon, and Entry thereof 2 j. 8 </. 
 
 Item, For a Note if required, teftifying fuch 
 
 DilTolution i s. 
 
 Item J For every Decern Tales 8 d> 
 
 £ e 4 • Item^ 
 
Item, For charging a Prifoner with an AAion 
 out of the Lord Mayors Court 4 d. 
 
 Item, For Difcharge thereof . 4 J. 
 
 Item, For Charging a Prifoner with a Caule 
 out of the Court of Requefts London 4 d. 
 
 Item, For Difcharge thereof 4 d. 
 
 Item, For continuance of every Canfe ready 
 for Tryal H d. 
 
 Item, For a Copy of the Juries Names ( if re- 
 quired) 4^/. 
 
 H. Cotton. ' '^(Fran. Mitchell. 
 Ed. Sayer. y^jHenry Hearne- 
 Geo.Gaell. ySEdw.Maynard, 
 Mathew VetUy. jCWill. Gardner. 
 
 A Certificate of the federal Fees taken in 
 the Compter of Woodftreec. 
 
 Prifoners Charged by Writs, Adions or War^ 
 
 rants, if Lodged in the Mafterfide Ward, 
 Pay to the Keeper 6 s.S d. 
 
 To the Book-keeper 2 s. 
 
 To the Turnkey is. 
 
 To the Chamberlains 2s,6 d. 
 
 If Lodged in the Knight Ward. 
 To the Keeper 
 To the Book-keeper 
 To the Turnkey 
 To the Chamberlains 
 
 12 s 
 
 6 s. 6 d. 
 
 If Lodged in the Two-penny Ward, 
 
 To the Keeper 2 ^. 6 </, 
 
 • To 
 
in the City of London. 41 j 
 
 To the Book-keeper 
 
 ir. 
 
 To the Turnkey 
 
 6 J, 
 
 To the Chamberlains 
 
 I s. 
 
 If Lodged in the Common Ward, or Dif. 
 
 charged the fame. 
 
 ' 
 
 To the Keeper 
 
 XS. 
 
 To the Book-keeper 
 
 I K 
 
 To the Turnkey 
 
 61 
 
 
 % S.6 d. 
 
 If any Prifoner be charged in Execution, he 
 
 is to pay for his Fine of Irons for all Sums 
 
 under 30 /. 2 </. apound, and all Sums above, 
 
 penny half penny. 
 
 The Command Prifoners if Difcharged th« 
 
 fame day, or Lodge in the Common Ward, 
 
 Pay to the Keeper i s, lo 4- 
 
 To the Book-keeper 8 d. 
 
 To the "turnkey 6 d^ 
 
 To the Beadle of the Ward 6d, 
 
 Zs,6d. 
 
 If the Command Prifonfer have a Bed he 
 Payeth to the Keeper 2 ft 6 d. 
 
 To the Book-keeper i s. 
 
 To the TiJfnkey 8 d. 
 
 To the Chamberlains * i s. 
 
 To the Beadle 6 d, 
 
 Ss.Sd. 
 If on my Lord Mayors Command, to the Car- 
 ver ^ ' 12 d. 
 If committed by the Marfhal, his Fee 12 </. 
 
 Rich, Hackett, 
 lit 
 
41 6 Court Fees^ See, 
 
 The lid oi November^ 166]^ 
 
 A particular of the Fees and ^tes for 
 ^rifoners committed to the Poultry 
 Counter y London. 
 
 FOr each Prifoner to the Mafter-Keeper, 
 his Turnkeys, Book-keepers, &c. 
 
 In the Mafter-fide or Houfs 9 s. 8 d. 
 
 In the Knights Ward fide 5 s. 
 
 In the Twopenny Ward fide 4 s. 
 
 In the Two-hole Wards 3 /. 6 ^; 
 
 In the Book-houfe on the Maftef fide 6 s. 
 
 For a markt Prifoner removed by Habeas Cor- 
 pis J &:c. 2 S.6 d, 
 
 « 
 
 To the Serjeant, Warden and his Yeoman, 
 for Doggec Bill of each Prifoner Arrefted 
 and Committed ' 4 </. 
 
 To tfie Loi d Mayors Carvers for each Prifoner 
 committed by the Lord Mayors ^af ticular 
 Warrant or fpecial Command • is. 
 
 To the City . Marfhals , for each Prifoner 
 
 committed by them upon any fpecial War- 
 
 • rant or Command. i $ 
 
 To the Stock of the poof Prifoners of tlic 
 hole Wards, towards common Fire, Candles, 
 and other Provifions for eacl^Arrelied Per- 
 fon in their Wards, and for Command, i /. 
 
 For each Prifoner in the feveral Wards, to the 
 Mafter- Keeper for Chamber-rent ^ Beds 
 Sheets, &c. 
 
 In the. Matters fide pa- Night 6 d, 
 
 la 
 
m the City of London. 427 
 
 In the Knights Ward per Night 5 J, 
 
 In the Twopenny Ward per Night 2 J. 
 
 To the Mafter Keeper for Sheets at entrance 
 
 .and diange, in the Mafter-fide i s. the o- 
 
 ther Lodging Wards 8. d. 
 
 To the Chamberlains and Turnkeys of each 
 
 Ward, in the Mafters fide i s. the other 
 
 Lodging Wards 8 d. 
 For each Prifoner in the hole Wards due i d. 
 
 per Night Rent and Accommodations, but 
 
 take nothing. 
 
 for each Prifoner lying upon Statute, Con- 
 demnation or Execution, not giving in Se- 
 curity for their being a true Prifoner for 
 50 /. and under 2 d.per pound, and for all 
 Sums above 30 /. ihper pound Money. 
 
 For each Prifoner Chamber-rent, Dyet,Becr, 
 Fire, Candles, Attendance, and other Ac- 
 commodations in the Mafters Houfe, accor- 
 ding to the Ability and Quality of the Per- 
 fon, but generally is ^os.per Week. 
 
 For a Prifoner going abroad with one or more 
 Underkeepers in cafe of Neceffity, or fome 
 extraordinary occafion, is at an uncertain 
 Rate, differing according to the number and 
 value of the Adions, and the equality and 
 the condition of the Prifoner, and accor- 
 ding to the more or lefs Time, Places, and 
 other material Circumftances. 
 
 Humphry Gjffard. 
 
"4^8 Court FeeSy Sec. 
 
 A Note of all the Re^y J)uties, and 
 Claims of the peeper of Ludgatc, 
 for all Terfons commuted to that Tru 
 forin 
 
 Time out "/AT the coming in of every Prifoner, to the 
 Mind. _/x Turnkey i /. 
 
 To the Officer that brings him 2 d. 
 
 When the Prifoner is dilcharged, to the Turn- 
 key I *. 
 To the Chamberlain 1 d. 
 To the Keeper his Fee for every Prifoner when 
 Difcharged 2 5. 
 To the Chamberlain once every Month for 
 wafhing of Sheets .8 d, 
 ByA^ of Prifoners lying in the beft Lodgings, are to 
 Com7non pay by the Night ■ " 3 ^. 
 Coa7tciithe]^ the Second 2 d. 
 
 S^ temb. ^" ^^® meaneft Lodging i d. 
 
 1621^™ * * Prifoners in Execution for all matters under 
 "*■ By^Bof 30 /, are to pay by the pound 2 d. 
 
 Common And if above 5 o /. to pay fer pound i d ok 
 
 ST/'au- I ^^^^ "°^ ^^^^^ ^^^ °f Poundage, but on Fee 
 guft-f^f of a Writ, which is but 2. s.6 d. 
 
 I Ed. 6. f The Prifoner charged vvi:h Adions,for every 
 torW Adion I know of " i /. 
 
 w 'P^f^Writ ^s.6d. 
 
 ic^s. The Prifoner that goeth abroad with a Keeper, 
 
 is to pay ^er diem 1 s. ^ d. 
 
 The keeper that gbeth with him to have his 
 
 Dinner, or in Money 4 d, 
 
 Rohn Nicols Kseper.7 
 JS/. 3, S 
 
 I 
 
in the City of London. ^429 
 
 Fees incident to the Sheriffs 
 'Conrt^ &c. 0/ London. 
 
 WE have before occafionally feen fome 
 Fees in feveral Courts, but being fhorc 
 in the Sheriffs Court, we will now inquire fur- 
 ther after them. 
 
 Firfi, It is to be obferved, that the Plantiff 
 in the Sheriffs-Court hath four Court-Days to 
 declareagainft the Defendant (unlefs the Defen- 
 dant be a Prifoner,) if he Fee his Attorney, 
 otherwife he may be nonfuited the firft. 
 
 Alfo the Defendant upon an Action of Debt 
 hath liberty (if a Freeman) upon his putting Bail 
 in Bail, to mark his four Defaults, which will 
 coft 4^. more than the Fees of the Bail j*and 
 hereupon he may choofe to appear by Attorney, 
 till tliC fourth Court-Day after his putting in 
 Bail. 
 
 And unlefs the Defendant mark his four 
 Defaults, the Plantiff ought to appear the firft 
 Court-Day after Bail to the Adion, by his 
 Attorney, or he may be non-fuited ; and if 
 the Defendant be a Prifoner, no Attorney ap- 
 pearing, a non fuit may be had ; and the 
 Charges of the Defendant, upon a Non-fuit, 
 are. 
 
 For Appearance 2/. 6d. 
 
 Non- Suit 1 s, ^d. 
 
 Judgment 2j. 6d, 
 
 Execution 4 d. 
 
 If he appear not then, Judgment pafleth a- 
 gainft him by Default, and Execution may be 
 had in the Afternoon. 
 
 ■ And 
 
43© Court Fees, &c. 
 
 And if the Defendant be a Foreigner and 
 Bail'd, if he appear not the firft Court- Day by 
 his Attorny, Judgment will pafs alfo againft 
 him and his Bail. See after for Waggoner and 
 Carrier. 
 
 The PlantifFs Charge thereupon is 
 
 To his Attorney, and for the Declaration and 
 
 Count. 5 J, io</. 
 
 Judgment by Default. 4 a 44. 
 
 And Note, The Plantiff always pays 4 d. for 
 
 not Filing his Bond in Court. 
 
 Note, When a Defendant puts in Bail to an 
 Adion he pays 16 d. but if it be againft him 
 and his Wife he pays 2 s. 8d, and if there 
 be a faving harmlefs on Record, he pays more 
 • 4</. 
 j^citM The withdrawing a:n Action of Trefpafs, or 
 
 vhhdraron Treli)afs on the Cafe, or Trefpafs upon Ejea- 
 ment, 6 d. If Debt, "Account, or Breach of 
 Covenant 12 d. The withdrawing a Declara- 
 tion, 16 d. And fo if at Iflue or after Sumr 
 mons of the Jury upon thePannel, 16 d. If 
 withdrawn by confent, always 4^. more, ex 
 affenfu ■partium, and the Defendant cannot have 
 Judgment for Charges, otherwife he may. 
 After Judgment given in Court upon' a Try- 
 Execti:ion al, you may have Execution prefently againft 
 #/;e?7«4:- the Body or Goods of the Defendant, and the 
 mem^u^m ncxt Day againft the Bail, which will coft 4^/. 
 '^''' But if you take the Defendant in Execetlon, 
 you cannot afterwards have ?. Fieri Facias againft 
 the Defendants Goods. • 
 
 And if you take out a Fieri Facias againft the 
 Goods pf the Defendant, ic will coft zs. ^d. 
 
 You 
 
in the Ctty of London. 4j i 
 
 You rouft agree with the Serjeant and Clerk 
 cf t*ie Papers for the executing your Fi. Fa. 
 And if the Goods feized and inventoried do 
 not amount to the Sum in the Judgment, you 
 may afterwards have execution againft the De- 
 fendants ^ody or againft the Bail for the re- 
 mainder. 
 
 If the Bail be taken in Execution, the De- Bail dif-,, 
 fendant may render his Body and difcharge ^^'"'s'*^- 
 them J or the Bail may carry the Defendant to 
 Prifon without an Officer, and difcharge them- 
 felves, by paying the Clerk 4 d. for marking the 
 reprieve to the Adion. 
 
 The Fees of the Plaintiff, upon a Tryal in 
 the SherijOfs- Court, are fet 'down^efore. Page 
 266. As alfo the Defendant's Fees in part : 
 But it is to be obferv'd, that if the Defendant 
 plead fpecially he rouft pay 4^/. per Sheet for his 
 fpecial Plea, and 4 </. per Sheet Ingroffing, alfo 
 4^. more for his Imparlance (and the Plaintiff 
 the like) and 11 d. more upon the Iflue; and 
 if Council thereon 3 /. j\.d. all which are al- 
 lowed. A Fpe upon a Summons is. Sd. if 
 Council 5 J. /\.d. Alfo for every Declaration %f'^{ ^«- 
 that is fpecial you pay 4^. per Sheet for Draw- '^^.^^^""-^ 
 ing, and 4^. per Sheet Ingroffing, befides Bd. 
 the Court Fees; and if Council, 3 j. j^d. which 
 is allowed by the Court. 
 
 Every Council extraordinary, though the 
 Plaintiff pay 10 j. or 20 s. he fFiall be allowed 
 by the Court but 3 /. ^d. to each. 
 
 All other Charge is loft, as what you pay to 
 the Quarterman for, fvj^earing the WitnefTes, 
 which is of Courtefie, not due, who is to attend 
 , the Court ; Alfo what you pay above One 
 Shilling for the Arreft is not allowed ; and alfo 
 what you pay for taking the Defendant in Ex- 
 ecution^ or for ferving the Fi, Fa, againft: the 
 
 Goods 
 
4^t Court FeeSy 6cc, 
 
 Goods of the Defendant, and all Chargeyffues 
 thereon. 
 
 The Plaintiff pays for continuance of his 
 
 Caufe, after Summons before the Court fits^ but 
 
 8 d. If afterward his Witnefles come nor, and 
 
 he moves the Court for a continuance, then 
 
 4 J. 4^. So likewife if the Defendant moves to 
 
 put off the Tryal, ^s. ^d, which is loft on 
 
 both fides. 
 
 Carrier ^°^^i That cvcry Carrier and Waggoner 
 
 and Wag- hath of coutfe his Return-day given him, if 
 
 goner, defired by his Attorney, charge 4 d. 
 
 If the Plaintiff, after the Defendant hath 
 removed hk Caufe, bring down the Caufe a- 
 Frocedejidb gain by a Frocedendo, for want of putting in 
 Bail, his charge thereof he is allowed, and alfo 
 2.S. Sd. for allowance, and what other charge 
 he is at more, in relation to a Trial, to his At- 
 torny. An Adion is ufually tried in four 
 Court-Days. •* 
 
 Remvivg I^ote, The Defendant hath two ways of Re- 
 caufes out moval, the one by a Ltvata Querela into the 
 0f the She- Mayor's Court, the other by Habeas Corf us. 
 rip- owt. j.^^^ Charge of the Levata Quenla is <^ s. 10 4, 
 and for carrying up the'Record, as you agree 
 with the Clerk of the Papers. 
 
 The Defendant, after the Plaint is certified 
 up, may prefer his Bill there in the Mayor's 
 Equity. Court, if he hath equity, or afterwards remove 
 it from thence by Habeas Corf us ; but if the De- 
 fendant carry not up his Plaint in time, the 
 f^r-m^r.de- PbintifF w ill have a Remanderur, and fo try it 
 ^'■*'- m rb>e Sheriffs Court. ' " 
 
 If the Defendant bring his Habeas Corpus to 
 rtmoveit, the Charge. is,' 
 
 The Writ, " i^s, "jd. 
 
 The Allowance, 2;. 4 a'. 
 
 Ihe Reiurn„ 2 /. 6 </. 
 
 If 
 
 i 
 
in the City of London. ^7 j 
 
 If any other Adions, 4 ^. a piece for the 
 Allowance, and 6 </ a piece for che Return. 
 
 Note, That in all Adions under 4/. 19/. 
 unlefs it be where Trial of Title of Land is 
 concerned, though the Writ be allowed and 
 the Plaint returned, the Plaintiffs Attorny may 
 proceed to Trial againft the Defendant, not- 
 withftanding the Removal and Return, and 
 /hall recover his Debt againlt the Defendant, 
 but his Bail are freed. But it is otherwife if 
 the Defendant turns himfelf over to the Kings.- 
 Bench or Fleet. 
 
 Alfo obferve, Thar if there be fix Weeks be- 
 tween th« Bail and Iffue joyning, the Defen- 
 dant fhall not remove his Plaint by Writ, but 
 fhall ttand Trial below. 
 
 The Defendant, after Recovery againft him 
 by a Jury, may before a Judgment mark his 
 Caufe befor^ the Lord Mayor, as before ob- 
 ferv'd, Charge ^ s. \od. Then he pr fome o- 
 ther Perfon enters into a Recognizance double 
 the Recovery to the Chamber of London, to 
 ftand to fuch Order as the LOrd-Mayor lliall 
 make therein. 
 
 After fuch Order made by the Lord-Mayor, 
 the Defendant pays the Plaintiffs Cofts into the 
 Court within fourteen Days, and gives Secu- 
 rity in the Compter by Bond to pay the Reco- 
 very, according to fuch Order, to the Plaintiff; 
 the Plaintiff pays for the bringing down fugh 
 Order, j. s. 6d. which Charge is allowed. 
 
 The Plaintiff may fometimes gee a Procedendo 
 ad judicium out of the Chancery, and fo pre- 
 vent the Lord-Mayor's Order ; but it muft be 
 done before the Lord-Mayor make his Order. 
 
 The Defendant cannot mark his Caule be- 
 fore the Lord-Mayor, if it be once removed 
 by Habeas Corpns, 
 
 Ff Not«, 
 
434 ^^^^^ ^^^^j ^^• 
 
 JsJote^ That if a Recovery be obtained on 
 Thurfday, the Defendant muft be fure to mark 
 the Caufe before the next Court, elfe Judgment 
 will be tnttt^Jedente Curia. 
 
 ISIote, If the Verdi<ft be found for the Defen- 
 dant, the Court always abateth out of the 
 Defendants Cofts 3 /. ^d. out of favour to the 
 Plaintiff. 
 
 If there be a Rule or ftay of Execution en- 
 tred upon Record, you always pay 4 d. 
 
 If a Free-man be arretted for a Debt under 
 40 s. though he put in Bail after the Arreft, 
 yet if he warn the Plaintiff to the Court of 
 Confcience, though on Bond, that Court will 
 order it, and compel the Plaintiff 'to lofe his 
 Charge, and ftand to their Order ; which is 
 alfo before- mentioned, in the Practice of the 
 Lord- Mayor's Court. 
 
 If the Defendant be a Prifoner, the Plaintiff 
 may enter his Adion againft him. Fee his At- 
 torny, fend for him to;Conrt by a Due Fac. and 
 proceed toTryal : The Charge of the Due. Fac 
 is 1 2 d. if an Execution 2 j. 6d. And fo if in 
 LudgatCy which* is a Prifon of eafe for Freemen 
 in refpe<5l of Charge, but thofe Cofts are all 
 one, and the Proceedings as from either Compter 
 tKemovd alike. 
 
 from the A. Prifoncr's Charge in going from the 
 ?Lui-'^ Compter to Ludgate, which is called his Horfe, 
 *^ate. is 1 6 «. 
 
 Minifters, commonly called Clerks, have 
 the like Privilege. 
 
 A Scire fac. pofi annum, for reviving a Judg- 
 ment after a Year and a Day, will cofl ufually 
 -12 or J 5 ^. 
 
 To the Attorny more, 2 /. 6d. And Judg- 
 ment thereon, 2 /, 8 d. 
 
 If 
 
m the City of London. 4 j 5 
 
 If an Adion be entred againft a Man, ^h^ Procecdivgt 
 the PlantifF employs a Sergeant, gives him his J?'^":^ ^ 
 Fee, and afterwards Arrefts the Party and takes ^3^%^ 
 his Word, the Plaintiff having feed his Attor- ncgUa,S(c. 
 ny, may give a warning to the Quarterman, 
 Charge thereof 4 d. viz. fVarfj in A. B. Serge- 
 ant at Mace, to appear at the next Court, to fliew 
 Caufe "ii^by be arrefled C. D. and let him go ivith-' 
 out Bail to the Vlaintiffs ABion. If the Officer 
 do not appear on the warning, the Plaintiff 
 may have an Attachment againft him, which 
 is deliver'd to the Quarterman, who by virtue 
 thereof compels him to come in the next Court. 
 And he pays for the Attachment i i. to the Of- 
 ficer I s. The Officer appearing, the Court 
 orders him to pay the Fees of the Attachment 
 and Officer, the Plaintiff" proving the Arrefl; 
 then if the Officer defires farther Day to bring 
 in the Defendant, with ^he confent of the 
 Plaintiff, it will be granted : Or the Plaintiff 
 may bring a fpecial Adion of the" Cafe againfl 
 the Officer, but 14 muft be entred againft him 
 as Sergeant at Mace ;* then he mufl declare fpe- 
 cially, fetting forth the Debt, the former Acti- 
 on and the Arrefl; which three being proved^ 
 they may and do commonly find the Plaintiffs 
 Debt and Damages. 
 
 If a Defendant will, he may go on by P»'0'/j,/>„</^„// 
 Tifo; and if no IfTue, tender an IlTue after De- pwvW/wg 
 claration, and upon the Plaintiffs neglect of ^i^ Hror/ifo. 
 Summons of one Court-day after IfTue joyned, 
 the Defendant may crave his Provifo (ChargQ is.) 
 and fo proceed to Trial, and his Colis fhall be 
 allowed as before all but ; s. 4 d. only the 
 Court will allow but 12 d. for puttilig in Bail. 
 
 If a Man under Arreff give any Money to an 
 Officer, it is of Courtefie and not of Right j 
 and not a Peny thereof allowed. 
 
 F f 2 Note, 
 
4] 6 Court Fees^ &c. 
 
 Note, That if a Caufe be removed by Habeas 
 Corpus, and Pledge given for the Defendant 
 before a Judge, the Bail are liable to all other 
 Declarations given to the Defendant's Attorny 
 the next Term after Bail ; and the Defendant's 
 Attorny will be compell'dto receive the Decla- 
 rations. 
 
 The Garritjloees Lbarge upon an Attache 
 ment^ if he wage Law only^ is 
 
 Feet upon JT^ O R the Appearance, zs, 6 d. 
 
 ySttach- J7 The Wager of Law, 4/. 8^. 
 
 Si- ^^^ ^f ^^^ Garniftiee refufe to wage Law, 
 
 fiffs'Com> ^^^ Plaintiff may try the Caufe in four Court- 
 Days following after the Scire Facias comes in- 
 to Court. If the Garnifhee will plead that he 
 hath no Money in the hand^f A. the Charge 
 then of the Plaintiff, an^beiore, is 
 
 The Aidlion and Return, Zd, 
 
 The Officer, • is. 
 
 But if the Garnilliee be not prefent he will 
 
 have 
 
 
 2i. 
 
 The Warning in the Garnifhee, 
 
 
 I* 
 
 The Appearance by an Attorny, 
 
 2/. 
 
 6r/, 
 
 Tije Scire Facias ufually. 
 
 2/. 
 
 
 The L%e, 
 
 4i. 
 
 
 The Summons of the Jury, 
 
 4^. 
 
 8^. 
 
 If a Sitbf(ena, 
 
 2.S. 
 
 
 The Council, 
 
 3^- 
 
 4^. 
 
 The Verdid: of the Jury, 
 
 4 J. 
 
 6d, 
 
 The Judgment, 
 
 2/. 
 
 SJ, 
 
 Then 
 
m the City of London. 4j 7 
 
 Then the Plaintiff, as is before obferv'd, 
 muft put in Bail or Pledge, that if the Defen- 
 dant fhall come within the Year and the Day 
 next enfuing into the Court, and that he can 
 difcharge himfeif of the faid Monies fo con- 
 demned in Court, and that he owed nothing 
 unto the Plaintiff at the time in the Plainc 
 mentioned, the faid Money fhall be forth, 
 coming, &c. 
 
 The Plaintiffs Bail, i s, 4 d. 
 
 Satisfaftion upon Record, is. ^d. 
 
 If Warrants of Attorny be given, for two 
 Warrants, . Sd, 
 
 Attorny's Fee, is. 8 4. 
 
 Ji the. Plaintiff gives Warrant to acknow- 
 ledge Satisfadiion upon Record, upon an 
 Adion,* he pays 2 s. 4^. 
 
 If the Sum Attach'd be under forty Mark, 
 
 then he pays but 3 j. Sd. 
 For the Summons, and to the Jury, 3/. 6d. 
 The Charge of the Plaintiffs Affidavits to 
 hinder the Garnifhee from vvaging Law, 
 
 6s. Sd. 
 
 The Plea of Eppel to -which they are an- 
 
 •next, js. 
 
 . Plaintiff pays for bringing the Rolls into Court 
 
 Is. 4 <^. and 2 J. 6 d. his Attorney. 
 
 ^_____ ..^ 1, 
 
 Tl?e Garnip^ees Charge to a Tmly ivhcn 
 • he pleads, 
 
 THE Appearance by an Attorny, 2j. 6^. 
 
 The Bail, is. ^d. 
 
 Copy of the Scire Facias, i s. 
 
 Thelffue, 4/. 8d. 
 
 The Attorny's Fee at Trial, is. Sd, 
 
 The Council (if any) 3^. ^d. 
 
 F f 3 The 
 
458 Court Fees^ Sec, 
 
 The Garnifliee after Trial may put in Bail in 
 the abfence of the Party againft whom the 
 Attachment is made before the Lord- Mayor, 
 and fo diffolve the Attachment. 
 
 After Satisfadion upon Record, and when 
 the Money is fully condemned by the Plaintiff, 
 the Party againft whom the Adion is, and 
 whofe Goods are Attached, may come and 
 put in Bail ad di^robandum'Debitum '^ the Charge 
 whereof is for the Bail 2 j» 8 i. The Appear- 
 ance, 2 J. 6 d. 
 
 Then he muft put into the Court his Scire Fa- 
 ciafy 13 J. But Ic muft be within the Year and 
 Day next enfuing after Satisfadion. 
 
 Bail being put in, the Defendant may give a 
 Rule, by his Attorny for the Plaintiff to de- 
 clare ; and if he declare not, he fhall be Non- 
 fuited, and the Monies given again to the De- 
 fendant, The Defendant alfo fhall have Refti- 
 tution, if he can difcharge himfelf of the Debt ; 
 and fo for a parcel thereof. 
 
 All Charges upon an Attachment are loft 
 on the Garnifhees and Plaintiffs part. 
 
 It vvas obferv'd before, that an Attachment 
 may be made for Goods and Moneys at the 
 I'lme Charge (but the Sifm muft be certain) all 
 upon one Attachment, and both in one Scire 
 Facias: If for Goods, then ajudgmentfor an 
 Appraifment ( if no Appearance by the Gar- 
 nilhee) the Charge 2/. Then the Plaintiff 
 proceeds to a Bill of Appraifmenr, and to 
 Charge for fummoning of the Jury ; then he 
 muit prove the Value of the Goods, and Judg- 
 ment then paffech j this cofis 2 i. 8 J. then Bail 
 and Satisfadion. 
 
 Upon an Atrachment made in the Plaintiffs 
 own Hands, either oi Monies, or Goods, or 
 both. 
 
 If 
 
i?t the City, of London. 459 
 
 If of Money, then this Charge is as follow- 
 eth : 
 
 The Adion and Return, 8 J. 
 
 The Appearance by an Attorny, 2 /. 6 </. 
 
 The Scire Facias, 2 s. 
 
 The Fiat Executia, 2 s. SJ. 
 
 The Plaintiffs Bail, is. 4^. 
 
 The Satisfadion, ij. 4</. 
 
 Then the Attachment is perfe<5ledj fo that 
 the Defendant can put in no Bail to diflblve 
 the Attachment. 
 
 If the Attachment be made of Goods in the 
 Plaintiffs hands, then the Charge is as folio w- 
 eth: 
 
 The- AAion and Return, 8 J. 
 
 The Officer, 'is. ^ 
 
 The Appearance by Attorny, 2 s. 6 d. 
 
 The Scire Facias, 2 s. 
 
 The Judgment for Appraifment, 2 s. 
 
 The Bill of Appraifment, 2 /. 
 
 Tht Fiat Executi&y or Judgment, 2 s. 8</. 
 
 The Bail, is, /i^d. 
 
 The Satisfaftion, is. 4^. 
 
 Note, The Plaintiff muft obferve, chat after 
 Judgment is given by the Court for the Ap- 
 prailment of the Goods, he muft bring two 
 freemen of London into the Court, the next 
 Court- Day following, there to be fworn, That 
 tbty have made an Appraifment of the Goods to the 
 hefi of their Skill and Knowledge ; who put their 
 hands to the Appraifrnent. 
 
 An Attachment is never throughly perfected 
 till there be Bail and Satisfaction upon Record ; 
 becaufe otherwise Bail may b& put in by the 
 Defendant to diffolve the Attachment, as aforer 
 faid, and then all the Plaintiffs Charge is loft, 
 and himfelf never the nearer. The charge of"' 
 a Judgment for opening of Trunks is 2 /. 
 
 Ff4 n^ 
 
i|4o Court Fees J Sec, 
 
 The Charge of a Sequeftration for the 
 Tlaintijf, 
 
 H E Adion and Return, 8 </. 
 
 The Officer for making the Sequeftrati- 
 on. 2 /. 
 The Padlock, "* 
 The Appearance, 2/. 6^. 
 The Scire Faciofy 2 s. 
 The Judgment for opening, and the Ap- 
 praifment, 2 j. ^d. 
 The Officer for going to break open the 
 
 Door, 2 /. 
 
 The Bill of Appraifement, zs. 6d. fome-, 
 
 times more. 
 The Officers Hand, i ^. 
 
 The Fiat Executioy or Judgment, 2 j. Sd. 
 The Bail, is. 4^. 
 
 The Satisfadion, ' is. ^d. 
 
 Note, That upon aBill of Appraifnent for a 
 Sequeftration, the Court grantcth Judgment, 
 as upon an Attachment. 
 
 The Defendant upon the Adion may put in 
 ^ail before farisfad-ion, as upon an Attach- 
 ment, and fo diffolve the Sequeftration, or af- 
 ter fatisfaiflion put in Bail ad dijprcbandum De- 
 bltmn. 
 
 The Proceedings after Bail alike as upon 
 Attachment. 
 
to the City of London|. 44 1 
 
 Tl?e Charge in confejjing a Judgment^ hy 
 an AdmimJiratnXy &c. to one Crediior^ 
 when p^e intends to plead it in barr of 
 other Debtors, 
 
 THE AAion and Bail, 2/. . 
 
 The Declaration, Attorny, and Court, 
 
 4 J. 4^/. 
 The Judgment, 4/, 4^. 
 
 The Attorny to confefs the Judgment, 2 s. 
 The Warrant, j\d. 
 
 If a Judgment be pleaded in GulU-haS, /he 
 ■ Oiall recover he Charge againft the Plaintiff, if 
 the Judgment beconfeffed in that Court. And 
 as to Priorities of Judgments, there is no fuch 
 thing ; for firft come, firft paid ; for he that 
 h^th the laft Judgment, if he levy the Goods 
 • in Execution firft, he fhall be paid and the reft 
 laid afide, unlefs there be an Overplus of the 
 Goods, amounting to more than the Sum con- 
 tained in the Judgment. 
 
 Fees /aid due to 'he paid upon giVmg 
 Security fqr Orphans Money, 
 
 IF the Sum to be fecured amount to 100/. 
 and do not exceed 300. 
 
 To the C omnnon Sergeant, 6 s. S d. 
 
 To the Common-Cryer, 6 s. Sd, 
 
 To the Town-Clerk. 2 /. 
 
 To the Clerk of the Orphans, is, 4 ^. 
 
 ' ■ ■ The 
 
20 I. 
 
 6s, Sd. 
 then the 
 
 • 
 
 /. 
 
 d. 
 
 
 3 
 
 2 
 
 4 
 
 4 
 o 
 
 
 I 
 
 4 
 
 442 ^^ Co«rr Few, &c. 
 
 The like Fees muft be paid for every 300/. 
 that is fecured; and if the Sum fecured be 
 1000 /. then the Security muft enter into four 
 Recognizances, the laft of which muft be for 
 100 /. only. And the Fees in fuch cafe will 
 amount to 
 
 If the Sum fecured is but 
 Fees are as foUoweth : 
 
 To the Common-Sergeant 
 To the Common-Crier 
 To the Town-Clerk 
 To the Clerk of the Orphans 
 
 m 
 
 zo o 
 
 If the Sum of any Recognizance fliall be 
 under 20 /. then the Common-Sergeant*s Fees 
 and Common-Crier's Fees are but One Peny 
 in every Pound : But the Town-Clerk aq4 
 the Clerk of the Orphants have the lame Fees 
 as above is mentionod. 
 
 Fees to he paid for acknonpledging fatif- 
 faBion ufoH four ^cogm:^ances for 
 loool. 
 
 •^''O the Common- Sergeapt upon s. d. 
 
 A every Recognizance 6 8 
 
 To the Common- Crier y 6 
 
 To the Town-Clerk 2 o 
 
 To the Clerk of the Orphans i 4 
 
 The Fees in fuch cafe will in the whole a- 
 tnoi>pt to three Pounds. 
 
 If 
 
in the City of London. 443 
 
 If fatisfadion is to be acknowledged upon 
 a Recognizance but for 20 /. then the Fees are 
 as foUoweth ; 
 
 . s. //. 
 To~ the Common- Sergeant. ; 4 
 
 To the Common-Crier 2 6 
 
 To the Town-Clerk 2 o 
 
 To the Clerk of the Orphans i 4 
 
 But if the Moneys due to the Orphans fiiall 
 be paid into the Chamber of Londm, then 
 ther^ are no Fees due to any Perfon. 
 
 Sfa- 
 
444 Statute Law, relating 
 
 Statute harp relating to the Ci- 
 ' ty of London. 
 
 /tdm'ni' 
 
 THE Cuftoms of the City of Loncion are 
 «r^w««. ^^^'^^ ^y ^^^ ^^ f^^ committing the Ad- 
 
 miniftration of . Inteftates Eftatcs , 222^25 
 Car. 2. cap, 10. 
 AlieHt. ^y ^^^^ ^^ 14 H. 8. 2. All Aliens in or a- 
 
 bout London^ fhall be within the Governance of 
 the Corporation of the Myftery or Craft 
 wheieot they are, and Taxable to their My- 
 ftery. Here Strangers dwell iitg in St. Martins 
 k Grand London^ are excepted. 
 
 And a Decree made in the Star'Chamhcr, 
 20 H. 8. was by Stat. 21 H- 8. 16. confirmed, 
 and thereby Enaded, that fuch Strangers /hould 
 pay Scot and Lot, Tax and Tallage, &c. as 
 the Mafters, Wardens, and Companies do, 
 and that they Hiall make Oaths and other 
 things; here alfo Strangers dwelling in St. 
 Martins k Gravd 2iVQ excepted. And by Stat. 22. 
 H 8. <r. 8. there is an Exception for the Mer- 
 chants of the 5;/7//«r.'/, that they {Jiall not pay 
 any other Cuftom> than they ufed by their 
 Franchifes. 'By A^-i 52. H 8. 16. No Alien, 
 Artificer, Denizen or not Denizen in St. Mar- 
 t'lm le Grand, Hiall keep above two Strangers 
 Servants at one time, on pain to incur the pe- 
 nalty of 14 H. 8. 2. 
 'jipothua- -^y ^'^^- ^^^' 3'<^''^/'- ?• Apothecaries of the 
 ritt. City of London ATQ exempted from the Offices 
 of Conftable, Scavenger, O/erleers of the 
 poor, and all other PariJh, Ward and Leet Of- 
 fices, 
 
to the City of London. 44j 
 
 fices, and of and frcm ferving upon any Ju- 
 ries or Inquefts. 
 
 We have obferv'd before, how far the Citi- ^(taintf. 
 zens of London are concerned as Jurymen, &c, 
 by the Statutes relating to Attaints. See before 
 in the Court of HujHngs, fag. 177, i-;S,&c. 
 
 By the Stat. 8. Eliz,. 10. A Bowyer dwelling Bonyer:. , 
 in London or the Suburbs, (hall have always rea- 
 dy 5-0 Bows of Elm, &c. upon penalty of 10 j. 
 for every Bow failing of that number. 
 
 By Stat. 19 H 7. 6. None rtiall caft Brafs ^''"/^ -"'^ 
 or Pewter, but according to die goodnefs of*^'*'^* 
 the Metal wrought in London^ in pain to for- 
 feit one moiety thereof to thd King, and the 
 other to the finder. 
 
 Alfo hollow Ware of Pewter, called Lay- 
 metal, fhafl be wrought after the aflize of Lay- 
 metal in London, and ihall be mark'd, in pain 
 to forfeit the faid Wares, or (being fold,) the 
 price thereof, which fhall be divided as afore- 
 faid. 
 
 By Stat. I Jac. 2 r. The fale of Goods Brokerf. 
 wrongfully gotten to any Brokers in London, 
 Wejiminfter , SoHthivarkj or within two Miles 
 of London, fhall not alter the property thereof: 
 And if a Broker having received fuch Goods, 
 fhall not upon the re^uefl of the true Owner 
 truly difcover them, how and when he came 
 by them, and to whom they are convey'd, he 
 fhall forfeit the double val^ie thereof to the faid 
 Owner. 
 
 This A (51 fhall not prejudice the ancient 
 Trade of Brokers in London, being Setled and 
 Sworn for that purpofe, it being only intended 
 againft Frippers, and Pawn-takers, who for 
 the moft part keep open Shop. 
 
 By Stat. 83 & 9 IK ^. cap. 32. a Broker for 
 making or concluding Bargains between Mer- 
 chant 
 
j^^6 Statute Law, relating 
 
 chant and Merchant, or others in London^ fliall 
 be Admitted and Licenfed by the Lord Mayor 
 and Court of Aldermen of London ^ and is to 
 take Oaths, &c. and upon his Admittance, 
 give Bond to the Lord Mayor^ Citizens and 
 Commonalty of London in the penalty of yob /. 
 Vf'ith. Condition , That if he do, and (hall well 
 and truly ufe, execute, and perform the Office 
 and Imployment of a Broker, between Party 
 and Party, without Fraud , Covin, or any 
 Corrupt or Crafty Devices, according to the 
 purport, true intent and meaning of the Sta- 
 tute in that cafe lately made and provided, 
 then the Obligation to be void. 
 
 The number of fuch Brokers fliall not at 
 one time exceed loo. and the Fees of Admit- 
 tance into the faid Imployment, fliall not ex- 
 ceed 40 /. their Names andi^laces of Habitati- 
 on are to be publickly affixed on the Royal-Ex- 
 change, in Guildhall^ and in fuch other publick 
 places in London, as the Lord Mayor and Court 
 of Aldermen il^ll think fit. 
 
 Butchers. 
 
 By Stat. 4 H. 7. 3. No Butcher /Kail kill any 
 Flefh wichin his Scalding- hcufe, or within the 
 Walls of London, in pain to forfeit for every 
 Ox fo killed 12. d. and for every other Beaft 
 8 d. to be divided between the King and the 
 Profecutor. • 
 
 By Stat. 22, & 2; Car. 2. cap. 19. If any 
 Butcher in London or JVefiminJhr, or within ten 
 Miles thereof, buy fat Cartel and fell them a- 
 •gain alive or dead, to another Butcher, the 
 Seller (hall forfeit the Value of fuch Cattle. 
 
 Alfo no Drover fhall be Licenfed by the Ju- 
 ftices of Peace within f^ondon and Ifefmlnfier, 
 
to the City of London. 447 
 
 or 80 Miles of the fame. And thofe that exer- 
 cife the Trade of Grafiers or Butchers, fhall 
 not have Licence to be Drovers. 
 
 Butter and Cheefe, 
 
 Though by the Stat. %,&^Ed.6. 21. None 
 ( Except Jnholders or Vid:uallers in their Hou- 
 fes ) ftiall buy any Butter or Cheefe to fell a- 
 gain, fave only by Retail in open Shop, Fair, 
 or Market, and lb not abovea Wey of Cheefe, 
 or Barrel of Butter at one time without fraud, 
 *in pain to forfeit the double value, to be divided 
 betwixt the King and the Profecutor, yet by 
 Stat. 21 Jac. I. 22. the forefaid Statute, as alfo 
 fo much of the Statute ^,& 6E. 6. 14. which 
 concerns the Buying and Retailing of Butter 
 and Cheefe, fhall not extend to the Retailers 
 of Cheefe in London, Weftminfter or Southwark, 
 having (erved feven years in that Trade, nor 
 uttering above four Wey of Cheefe, or four 
 Barrels of Butter at one time without fraud. » 
 
 And by the Stat, j^j & ^ fV. & M. c. j. there 
 is a Charge and Penalty upon Warehoufe- 
 keepers, Weighers and Searchers, or Shippers 
 of Butter and Cheefe, negleding their Duties 
 concerning the Butter and Cheefe rfiat fliall be 
 brought to them, for any theefmonger free 
 of the City of Londony &c. and alfo a Penalty 
 upon Mafters of Veffels, refufing to take on 
 Board any fuch Butter and Cheefe : Yet this 
 A<51 fliall not exclude Cheefmongers free of the 
 City of London, from fending their own Vef- 
 fels, or fuch as they fliall hire for their own 
 Goods, 
 
 B'iillngf' 
 
44^ Statute Law^ relating 
 
 Billingfgate Market, 
 
 By Stat. 10, & II IV. ^. c. 24. It is Ena(5>ed, 
 that Blllingjgate Market within the City of 
 London, fhall be every day ( except Sundays ) a 
 Free Market for all forts of Fifti. and that any 
 Perfons may Buy or Sell any fore of Fifh in the 
 faid Market. 
 
 And all Perfons buying any Firti in the faid 
 Market, may fell the fame again in any other 
 "Market or place within London or elfewhere by« 
 Retailj being found and wholfom FiOi, only 
 none but Fi^mongen fhall fell in publick or fix- 
 ed Shops or Houfes. 
 
 Alfo no Perfo'S (Lall imploy, or beimployed 
 by any other Perfon in buying at Billingjgate 
 any quanticy of Firti to be divided by Lots or 
 in Shares amongft any Fifiwongers or others, to 
 be afterwards fold by 'Retail or other wife ; 
 nor (hall any FijJjmonger ingrofs or buy in the 
 * faid Mark'et any quantity of Fifh, but what 
 {hall be for his own Sale or Ufe, and not for 
 any other Fi^monger to fell again, under penal- 
 ty of 20 /. for each OfFence, one Moyety to 
 the poor of the Parilh, the other to the Profe- 
 cutor. Sfte the Syit. 
 
 BlachwdUHall Market, 
 
 By Stat, S,& ^)^. 3. cap. 9. It is EnaAed, 
 That the publick Market of Bl ackw ell Halt , 
 ihall be held every Thurjday, Friday, and Satur- 
 day, from eight till twelve in the Forenoon, 
 and from two till five in the Afternoon, Ex- 
 cept days of Humiliarion orThanl^fgiving, and 
 the Keepers are not to admit any buying or 
 felling of any Woollen Cloth at the faid Hall, 
 
 uDon 
 
to the City of London. 44^ 
 
 upon any other days or hours than aforefaid, 
 upon the penalty of 100 /. And no Factor or 
 any Perfon whatfoever, other than the Own- 
 er of the Cloth, fliall Sell or expofe to Sale out 
 of the faid Market of Blackwell Hall, any Cloth 
 direded to be brought to the faid Market, or 
 any Fa(5lor there, upon penalty of j/. for eve- 
 ry Cloth fo fold, with feverai other Penalties 
 upon the Hall-Keepers , Clerks and Mafter- 
 Porters negleding their Duties, and upon Fa- 
 dors, for not giving true Accounts to the Clo- 
 thiers. 
 
 SmlthfieU Market, , 
 
 By ^tat, 22, & 2^. Car, 2. cap. 19, If any 
 fat Cattle bought in SmithfieU Market, fhall be 
 brought again into the faid Market to be fold 
 Alive, they fhall be feized by the Bailiff, Toll- 
 Keeper, or other Officer having overfight of 
 the Market, to the ufe of the Mayor and Al- 
 dermen, &c. for difcovery whereof, all Cat- 
 tel fold fliall be mark'd by cutting off two In- 
 ches of the further Horn. And by t||is Ad, 
 Foreigners as \^ell as Freemen, may buy and 
 fell any Cattel in the Market of SmithfieU, the 
 cuftom of Foreign bought and Foreign fold, 
 or. other ufage notwithftanding, by Stat. 1 1, d^ 
 11. TV. 5.C. 13. the Ad made 22, c^ 2;. C<?r. 2. 
 for preventing Frauds in the buying and felling 
 of Cattel in Smlthfield and elfcwhere, revived 
 by I Jac, 2. with a Vrovlfo, not to extend to 
 Salefmen and Fadors employed by Farmers or 
 Feeders, and continued with the faid Trovifo 
 for 7 years, from 25 of Fek, 1692. and thence 
 to the end of the next Seflion, is with the faid 
 Trovifo continued for 7 Years, from 2<)tb of 
 Sep. 1700. and from thence to the end of the 
 next Seffion of Parliament. G g S<t 
 
4JO 
 
 Statute LaWy relati}^ 
 
 ^^^ See before concerning the Orilers for Re- 
 gulating pHblick Markets ivithin the City of 
 London, from pag. 6~. to 8i. and fee after 
 Tit. Victual and Vitlualkrs. 
 
 Captains There is a priviledge granted to the City of 
 Mtid iioldi' London, upon the A61 4^ Eliz,. :;. made for Re- 
 -'''• i'ef of Maimed Soldiers, that the faid Ad 
 
 Ihall not prohibit the City of London to make 
 a Tax ( if need require ) differing from that 
 limited in the faid Ad, So that no Parifh pay 
 above 3 s. weekly, nor above or under 12 d. 
 weekly, one Parifh with another. See after 
 Soldiers. 
 Churches. By 8, & ^.W.-^.c. 14. An Impofition is put 
 upon Coals, forcompleating the Cathedral of 
 St. Vaul London, and Repairing the Cathedral 
 of St. Veteri WeJiminBer. 
 ceaches. An A6t was made ^, &6.W.& M. cap. 22. 
 for Regulating and Licenfihg the Hackney 
 Coaches within the Cities of London and fVeft- 
 minfier. 
 CoaIs. a Statute made 16, 17. Car. '2. for the felling 
 
 of Sea Coals (brought into the Ki'^tvoi Thames^ 
 by the Chaldron to contain 3 6 Bufhels heap'd, 
 and according to the Bufliel fealed for that 
 purpofe at Guildhall London^ and Coals fold by 
 Weight, are to be after 112 pound to the hun- 
 dred, upon forfeiture of all the Coals, and 
 double value thereof, to be recovered in any 
 Court of Record, or upon Complaint to the 
 Lord Mayor and Juftices of Peace within the 
 City and Liberties ; one half to the Perfon 
 complaining, the other to the Poor, or Re- 
 pairing the Highways within the Parifh, &c. 
 Alfo the Lord Mayor and Court of Aldermen 
 oi Lc?}don^ may let Rates and Prices upon Coals 
 
 to 
 
to the City of London. 45 1 
 
 to bQ fold by Retail, allowing competent clear 
 profit to the Retailer. This Stat, by j & 8. 
 fV. ;. ca^. ;6. is made perpetual* 
 
 There are feveral Statutes made for Regula- Cordypahf 
 ting thQ Cor dwainers, Curriers^ and Tanners with- ^''^^"^''^'^y 
 in the City of London, &c. i M. P^l. 3. 8. ;^"„^8cc* 
 I Jac. J. 22. 13. 14 Car. 2. cap. 7. See after Tit. 
 Leather. 
 
 Alio a Statute made 23 H. 8. 4. togivepow- Coopers. 
 er to the Wardens of the Myftery of Coopers 
 within the City of London, to fearch for, and 
 Gage all VelTels made for Ale, Beer and Srap, 
 to be put to Sale within London and the Suhurhs, 
 and within two Miles compafs without the 
 ^Suburbs J ( as well within the Liberties as with- 
 out ) and to examine their Contents and 
 Weight, and being found right, to mark them 
 with St. Anthony % Crofs, &c. See after Tit. Ga- 
 ging. 
 
 A<5ls made to Regulate the Cuiroms within Cufioms, 
 the Ports of London, &c. and the Commiffio- 
 nersand Officers belonging to the fame. 12 Car. 
 i. cap. 4. 13, 14 Car. 2. cap. 1 1. 4_, di- j" IV, d^ 
 M. cap. I J. %,& ^ W. I. cap. 24. ^)i& 10 W» 
 l.cap.z%. 11, & 12JV. :^. cap. ■^. 
 
 There is a Statute which glvas Damages to Damages. 
 Diffeifees in London, by Recognizance of the 
 fame Affize, whereby they recover their Lands, 
 Glouc. 14. 6 Ed. 2. 
 
 The 3. of Jac. I. jy concerning Debts oi Debt of 
 40 s. due to or by Citizens of London, &c. See 4<5 «. or 
 before in the Court of Confcience. ""^^^' 
 
 By Stat. 17 £.4. <;. there is an Exception Draper/. 
 as to London and Brijfol^ concerning fealinp; 
 with Wax at both ends, Woollen Cloths, half 
 Cloths, Streats and Kerfeys, being peifedl in 
 making and meafure ; but thofe in London and 
 Briplj are to be fealed with Lead. 
 
 G g 2 Alfo 
 
4J1 Statute Law^ relating 
 
 Alfo by Stat. 39 E/i&. 20. The Owner of 
 
 Northern Cloths brought up to be fold in London y 
 /hall caufe them to be brought to Blackwell HaU 
 to be fearcht dry without wetting, in pain of 
 40 s, between the Queen and Informer. 
 
 seines. The Stat. 22, ^ 23 Car. 2. cap. 22. COncemr 
 
 ing the Eftreating all Fines, Poftfines, Iffues, 
 Amerciaments, O'c. into the Excheefuerj fhall 
 not prejudice the Priviledges of the City of 
 London. 
 
 Fijhattti A Forfeiture is impofed, by ^i E, ^. Stat. 
 
 Fijhmon' 2. 2. upon any Piker of London^ that at the 
 
 i^^^- Fair of Great Tarmouth for Herrings, Ihall en- 
 ter into the Haven there to abate the Fair ^ 
 the forfeiture is of the Veflel, and all the Goods 
 thereof 
 
 And for preferving the fry of FilTi, the May- 
 or or Warden of London^ hath power to hear 
 and determine Offences, &c. in Thames^ from 
 Stams to Londony and in Medway as far as the 
 Citizens Grant extends, i-j R. 2. 9. 
 
 By 4^ Elix,, 9. No Ordinance made by the 
 Fifhmongers in London, or any other Corpwa- 
 tion, ref^raining any Coaftman, Fiflierman, or 
 other, from taking, bringing in, putting to 
 Sale, or buying of Salt-fifh or Herrings (being 
 wholfom ) fhall be put in execution in pain of 
 
 Ico /. 
 
 Franchiftt. There is an Exemption of tlie Franchifes and 
 Liberties of jLow</ow, notwithflanding the pow- 
 ers given to Purveyors to take Provifion within 
 Liberties, See Stat. 27 H. 8. 24. Neither fhall 
 the Stat. 52 H.S.20. (concerning the Fran- 
 chifes of the late Religious Houfes ) be preju- 
 dicial to the City of London. 
 
 g^.j The Aflize of Fuel ordained by 7 E. 6. 7. is 
 
 by Stat.^"^ Eliz,. 14. continued and enjoyned 
 to be obferved in London and fi^efiwinjler, and 
 
 all 
 
to the City of London. 4 j j 
 
 all other Corporations, where Tall- wood. Bil- 
 let and Faggots arc ufed to be fold. 
 
 There is an Ad extant made, 3^ H. 8. con- Fktcherr. 
 cerning Fletchers and Artificers in Archery, in 
 and about the City of London. 
 
 The Stat. II H. J. 27. provides , that the ^"J^'arir, 
 Mafter and Wardens of Sheerr/ien in London ^ih^W^'^' 
 have power to fearch the Workman/hip of fuch 
 as uft the broad Sheer, as well for Fuftian as 
 Cloth, and that as well againft Denizens as 
 Strangers. And by the Act ; 9 Eliz,.i^ . The May- 
 or of Lqndon or his Deputy, and the Mafter and 
 Wardens of the Myftery of Clothworkers there, 
 or fuch difcreet Perfons as they (hall appoint, 
 may make the like fearch, as the (aid Mafter 
 and Wardens of Sheermen. 
 
 By Stat. 3 1. Elixj. ^. No Brewers fhall fell or Gaging, 
 put to fale in London, the Stiburbsy or within 
 two Miles compafs of the Suburbs, any Beer 
 or Ale in Buts, Pipes, Punchions, Hogflieads, 
 Teirfes, or fuch other VelTel brought from be- 
 yond Sea, and never lawfully Gaged within 
 this Realm, before the fame be lawfully Ga- 
 ged, &c. by the Mafter and Wardens of the 
 Coopers of the City of London, or their De- 
 puties, who upon Requeft, are obliged toga 
 and mark fuch Veffcls, under a penalty. 
 
 There are feveral Ads made to regulate GoWrw/V/j^ 
 Goldfmiths of the City of London, &c. As 
 Artie, fuper Chart, capi 20. 28 E. i. 27 £. 5. 14. 
 2 H, 6. 14. 4 -H". 7. 2. iS Eliz. I). And a late 
 Ad made 6 & j ^. ^. 
 
 By Stat. 8. Eliz. 11. The Mafter and ^^v-Hatsani 
 dens of Haberdajljers in London, calling to them HMer^ 
 one of the Company of Cappers, and another ^^^i^'''"'- 
 of th„e Hatmakers, have power to fearch in L<?«- 
 don, and within three Miles round, all Cappers 
 and Hatters, and to punifli the Offenders, &c. 
 G g 5 Con- 
 
45 4 Statute Law, relating 
 
 Haven of Concemihg the Haven of the River of 
 the River jiames, &c. we have treated before in the 
 oj^mmes, ^^^ij^t jfor the Coftfervacj thereof. See alfo Stat. 
 
 27 H, 8. 18. 
 Highways. Jiy Stat. 22 Car. 2. cap. 12. The Occupiers, 
 and where there are none^ the Owners of 
 Lands^ Houfes, &c. adjoining to the High- 
 ways, Streets, &c. in the Suburbs and Liber- 
 ties of London, Southwark^ and Wejfminfier, 
 which are or /hall be paved, fhall be liable to 
 the Scavenger^ Rates, as by 14 Car, 2. ca^. 2. 
 Juries. Touching Juries in the City of London, and 
 
 the Iffues by them loft, &c. we have treated 
 before in the Court of Hujiingi for the City of 
 London. See before pag. 177, 178, 179, &c. 
 Labourers. "phg $fat. $ Eliz,. 4. Concerning I,abourers, 
 &c. /hall not reftrain the Cities of London and 
 Norwichy from taking Apprentices as in times 
 paft. 
 Leather. gy Stat, i W. & M. Seff. i. cap. ;;. Leather 
 /liaved, liquor'd, and curried is made fubjed 
 to the view, fearch, and feizure of (he Mafter 
 of the feveral My/Series of the Cordivalnersy 
 Curriers, Girdlers, and Sadler s of the City of Lon- 
 don^ according to Stat, i yac. i. 
 
 But nothing in this Ad: /hall give Power to ^ 
 the Mafter, and Wardens of the Company of 
 Curriers to fearch or feize any Leather, Hide, 
 or Skin, but fuch as /hall be curried in London, 
 or within three Miles thereof, by fume xVlem- 
 bers of their own Company, nor in any other 
 place, but the open Market-place, or in the 
 Shops, Houles, or Ware-houfes of fuch Cur- 
 
 riers. 
 
 Statutes 
 
to the City of London. 45 j 
 
 Statutes more particular to Londqp 
 
 Ctty. * 
 
 TH E Statute concerning the Writ of London, 
 Gavelet for London, lo E. z. 
 
 Concerning the Mayors, Sheriffs, and Aldfr- 
 men of LWo», caufing Errors, Faults, and Mi(^ 
 prifions there to be redrelTed under great Penal- 
 ties, 28 E, ;. 10. & I //. 4. 1 5-. 
 
 An Ad for repairing, making, and mending 
 the Conduits in London, 5 y H. 8. 10. 
 
 An Adl for ereding a Judicature for deter- 
 mination of Differences, touching Houfes 
 burnt or demoli/h'd by reafon of the Fire in 
 London, 19 Car. 2. caf. 2. 
 
 An Ad for the fpeedy rebuilding of the City 
 q{ London, and the uniformity of the new Buil- 
 ding, and for prevention of outragious Fires, d^^. 
 19 Car, 2. cap. ;. 
 
 An Ad concerning fetting forth Market- 
 places, &c. the repairing of Wharfs and 
 Docks, the number of Pari/hes to be fettled, 
 and of fifty one Parifii-Churches to be rebuilt, 
 their Names, Dimenfions, and method*of Buil- 
 ding J their Unions, Rates, and Charges, &c, 
 22 Car. 2. caf. 11. 
 
 An Ad for determination of Differences, 
 touching Houfes burnt or demolifhed within 
 four Years fince the late dreadful Fire of L^w- 
 don, 22, & 23 Car. 2. cap. 14. 
 
 An Ad for fettling the Annual Tythes o^Tjthes, 
 Pariflies in London, whofe Churches were de- 
 molilhed or confumed by the late Fire, and 
 which remain fingle or are united, 22, & 25 
 Car, 2. cap. 1 5". 
 
 G g 4 Note, 
 
4j6 Statute Lawy relating 
 
 Notg, That before this A<5t of Parliament the 
 Cafe of London for Tythes was argued upon 
 th^ Petition of one Mr. Dm Parfon of Grace- 
 Church, exhibited unto the then Lord Mayor of 
 London againft Burrell and Goff, and afterwards 
 upon a fecial Commiffion granted ( at Suit 
 made to the King by Sir Francjs Bacon then 
 Lord Chancellor of England ) to the Archbifti- 
 op of Canterhuryy the faid Lord Chancellor and 
 divers other Noble and Learned Peers and Judg- 
 es. And thereupon ( amongft other things ) 
 upon the point. Of what was anciendy paid 
 by the Citizens of London for Tythes, and 
 how the payment grew; Ic is faid that it ap- 
 peared by the Records of London, That Niger 
 Bifliopof London 1"^ Hen, 3. made a Conftituti- 
 on in confirmation of an ancient cuftom for- 
 jni how merly ufed time out of mind, that provifion 
 theje jfay fj^ould be made for the Minifters of London in 
 Hige/sr ^^^^ manner, that is to fay, that he which 
 Jbop of payeth the Rent of twenty Shillings for his 
 London's Houfc wherein he dwelt, fhould offer every 
 Conftimi' Sunday, and every Apoftles day, whereof the 
 ,^ {.J , Evenmg was fafted, one half-penny: and he 
 that paid batten Shillings Rent yearly, fhould 
 offer but one farthing; and all this amounted 
 unto but according to the proportion of 2 s. 
 6 d. per pound : for there were fifty two Sun- 
 days, and but eight Apoftles days, the Vigils 
 of which were fafted. And if it chanced that 
 one of the Apoftles days fell upon a Sunday, 
 then there was but one half-penny, or farthing 
 paid ; fo that fometime it fell out to be lefs by 
 30 E. ?.i, fome little than 2 s. 6 d. per pound : and it ap- 
 tou. 3- 3. peareth by our Book-cafes in £^m/W the third 
 his Reign, that the provifion made for the Mi- 
 nifters of London- was ' by Offerings' and Ob- 
 Tcmjons, howfoever the particulars are not de- 
 ^•u-<>.?r,vt/i^» |'-'M^> ;.:• figned 
 
to the Ci^ of London. 457 
 
 figned there, but muft be underftood according - 
 to the former Ordinance made by Niger, and 
 the payment of zs.S d. in the pound, conti- 
 nuing until i; Ric. z.Thdhas Arundel Arch- Tho. 
 Bifhop of Canterbury made an Explanatioa of Arun. 
 the conftitution made by Niger^ and thruft up- ^""^'^'l^- 
 on the Citizens of London^ two and twenty o- \ ^^'^ 
 ther Saints days than were meant by the confti- 
 tution made by Nigery whereby the Offerings 
 now amounted unto the Sum of ; s, y d. per 
 pound; and there being fome Relu(5tation 
 by the Citizens of London, Pope Innocent in 
 5" H. 4. granted his Bull , whereby the for- Popt In- 
 mer Explanation was confirmed ; which con- "o^ent. 
 firmatioa , ( notwithftanding the difference ^ ^' 
 betwfen the Minifters and Citizens of Lon- 
 don, about thofe two and twenty Saints 
 days which were added unto their number. ) 
 Pope Nicholas alfo by his Bull in ^ i H. 6. pop'; Nich. 
 confirmed: Againft which the Citizens Qi^iii.6. 
 London did contend with fo high a hand , 
 that they caufed a Record to be made, where- 
 by it might appear in future Ages, that the 
 Order of Explanation made by the Arch- 
 Biihop of Canterbury, was done without calling 
 the Citizens of London unto it, or any conlenc 
 given by them. And it was branded by the 
 name of an Order furrepticioufly, and abruptiti- 
 bufly gotten ; and therefore more fit to have the 
 name of a Deftru(^ory, than a Declaratory 
 Order : the whicl) contending notwithftanding, 
 as it feemeth the pain was moft ufually made 
 according unto the rate of 9 .'. j </. in the . 
 pound ; for Linovood, who v/ric in the time of 
 K. H. 6. in his Provincial Ccnftitutions deba- Linwood, 
 ting the queftiori, whether .the Merchants and ^*''' H"^- 
 Artificers of the City of London ought to pay 
 
 any 
 
45 8 Statute Ltvf^ relating 
 
 any Tythes? fheweth, that the Citizens of 
 
 London, by an ancient Ordinance obferved in 
 thefaid City, are bound every Lords day, an4 
 every principal Fj^ft-day, either of the Apo- 
 ftles, or others whofe Vigils are feafted to pay 
 one farthing for every ten /hillings Rent, that 
 they paid for their Houfes wherein they dwelt; 
 and in %6 H. 6. there was a compofition made 
 between the Citizens of London, and the Mini- 
 fters of London, that a payment fhould be made 
 by the Citizens, according unto the rate of 
 ^ s. <^ d. in the pound, and if any Houfe were 
 kept in the proper hand of the Owner^ or were 
 demifed without refervation of any Rent ; 
 Then the Church- wardens of theParifii, where 
 the Houfes were, fhould fet down a rafe <^ the 
 Houfes , and according to that rate pay- 
 ment (hould be made. After which Compofi- 
 tion fo rnade, there was an Ad of Common 
 Councilmade 14 E.4.in London, for the confir- 
 mation of the Bull granted by Pope Nicholas. 
 But the Citizens of London finding that by the 
 common Laws of the Realm, no Bulloi the 
 Pope, nor Arbitrary compofition, nor KGt oC 
 Common Council, could bind them in fuch 
 things as concerned their Inheritance; They 
 ilill wreftled with the Clergy, and would not 
 condefcend unto the payment of the faid ele- 
 ven Jlfenceby the year, obtruded upon them by 
 the addition of the two and twenty Saints days, 
 whereupon there was a fubmiffion unto the 
 Suhm-^ion Lord Chancellor, and divers tJthers of the Pri- 
 totheUrd vy Council, and they made an Order for the 
 char.ce!-- pjymsnt of Tythes, according unto the rate of 
 pTi'v'^" 2 J. 9 J. in the poured: the which Order was 
 CouTitil. firft promulgated by a PjQclamation made, and 
 afterwards eiiablilhcd by an Ad: of Parliament 
 made 17 //. 8. cav. 2 1. in confirmation of which 
 
 faid 
 
to the City of London. 4 5 9 
 
 faid Order there was a Decree made ^j H. S. 
 with fome further additions, the which faid 
 Decree was confirmed by an Ad: of Parliament ^^-^^ j^^* 
 made 57 H. 8. c^ip 12. So as it appeareth by cr/e by the 
 that which, hath been faid, that the firft ^^y- ^^, ought 
 , ment was only according unto the rate of 2 j/" ^f/'^ „ , 
 6d. per Pound; afterward, the payment ^^^ -j^chZa- 
 increafed to the rate of 5 j. y d. per Pound : and ry in fix 
 laftiy, there was an abatement and payment i^onths ; 
 miSe only according to the rate of 2 j. 9 d. in ^j^^/^^fl^ 
 the Pound. The firft payment grew by Cu- /J^ ,/'"' 
 ftom, the fecond by Conftitutions, and Bulls oi not found. 
 the Pope ; the laft by Decree in the Chancery. 
 
 And as to the laft point, which was. Who 
 /ha'l be Judge of the payment of Tythes for 
 Houfes in London, and the remedy for the re- 
 covery of them ? It was faid to be apparent 
 put of the words of the Decree, that the May- 
 or of the City o^ London is Judge, and is to giv^ 
 order concerning them ; and Suit is not to be 
 made in the Ecclefiaftical Court for them ; and 
 if it be, a Prohibition is to be granted, info- 
 much, that the Party grieved reforteth unto 
 another Judge than the Statute hath appointed. 
 But if the Mayor da not give Aid within two 
 Months after Complaint made, or do not give 
 fuch Aid as is fitting ; then refort is ro be made 
 unto the Lord Chancellor of England^ who 
 hath three Months given him for ending of the 
 faid Caufe. 
 
 J^ote alfo. That one material part of the ^.,^^, ^^^ 
 Argument was, VWiether by the Common Law p'arfonnny 
 any thing can be demanded for the Houfes in by Law de- 
 London ? It is to be agreed, and clear, that no- "'-"'f' ff 
 thing can be demanded. For that which the iq{%"\ 
 Parfon ought to demand of Houfes is Tythes; Fit zHerL 
 and it is improper, and cannot be, that Tythes Nar.brev. 
 can be paid of Hcyfes. Firfij In regard that^"^- ^5* 
 
 Houfes 
 
j[6o Statute Law, relating 
 
 Houfes do not increafe and renew, but rather 
 decreafe for want of Reparations, and Tythes 
 are not to be paid of any thing but fuch things 
 as do increafe and renew ; as it appeareth by 
 the Levitical Law, and the Common Law of 
 the Land. Secondly^ Houfes are matters of In- 
 heritance, whereof a Vradfe iicth at the Com- 
 mon-Law. And the Rent referved upon a 
 Leafe made of them, is likewi(e knit unto the 
 Inheritance and parcel of it ; fo that it ^all 
 go along unto him that hath the Inheritance ; 
 and therefore fiiali defcend unto the 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 fuch things as renew ; upon 
 which reafon it is, that Tythes by the Com- 
 mon Law of the Land are not to be paid of 
 Slate^ Stone, and Coal digged out of the Pit. 
 « Thirdly^ Houfes being built only for the recei- 
 ving, habitation, and dwelling of Men, and 
 for conveniency of Protedion againfl: the 
 fcorching Heats in Summer, and tempefiuous 
 Storms in Winter, without any profit at all re- 
 dounding unto the Owner ; And the Parfon 
 being to have a benefit otherwife, in the pay- 
 ment of perfonal Tythes arifing through his 
 Induftry in the Houfe, no Tythes can be de- 
 manded for the Houfes themfelves, or for the 
 llent relerved upon them. Fourthly, The De- 
 cree made ;8 H. 8. which exempteth the 
 Houfes of Noblemen from the payment of any 
 Rate-Tythes, fheweth the ^mmon-Law to be 
 Dtwron's ^^^ ^^^^ Houfes of themfelves are to be difchar- 
 Cafe K. ged of the payment of Tythes; and accor- 
 Bencb. dingly it hath been adjudged in divers cafes hap- 
 ning at the Common-Law, that Tythes by the 
 courfe of the Common Laws may not be de- 
 manded for Houres,but they are to be difcharg'd. 
 
 And 
 
to the City 0/ London. 461 
 
 And as to the Point, which was. Whether 
 Cuftom can eftablirti a right of Payment of any 
 thing unto the Parfon for Houfes ? It feem'd clear 
 . that it might well enough : for it may well be, 
 that before fuch time as any Houfe was built 
 upon the Ground where the Houfe ftood, there 
 had been a Sum of Money paid for the Profits 
 of the Ground in the name of a Modus deci- 
 wandi, and fo howfoever the Houfe is built up- 
 on the Ground, yet the Modus continues, and 
 is not taken away by it ; and fo there bqng a 
 continuance of Payment of the Modus, after 
 the building of the Houfe, Time hath made it 
 to be a Payment for the Houfe. But this Pay- 
 ment is to be termed a Molhts decimandi, and 
 cannot be well called a Tythe paid for Houfes, 
 becaufe as it is formerly faid, Tythes may not 
 be paid for Houfes ; and all this appeareth by 
 Dr. Grants Cafe in the eleventh Report, fo. 16, 
 
 See an Ad concerning Common-Sewers, 
 Drains, Vaults, and the manner of Paving, 
 Pitching, and regulating the Streets of London. 
 22 & 25 Car. fecundiy cap. 17. 
 
 An Ad for enabling the Archbifhop of Can- 
 terbury f the Bi/hop of London, and the Mayor 
 of London, to finim the Cathedral of St. Paul's, 
 I yac' 2. cap. I y. 
 
 An Ad for reverfing the Judgment given 
 Anno 5 J Car 2. upon the Q^ IVarranto brought 
 againft the Mayor and Commonalty, and Ci- 
 tizens of London, zW.^ M. SeJJl i. tap. 8. 
 
 An Ad for repairing and cleanfing the 
 Streets within the Pariflies in the Weekly Bills 
 of Mortality, 2 fV. &l M. Sejf. 2. cap. 8. 
 
 An Ad touching Billingsgate-MsiTkQt within nariutt. 
 the City of London. See before in this Alpha- 
 bet, tit' Billifigsgate'Msix)!iQt» And fee after 
 Vidual and Viduallers. The 
 
461 " Statute Law, relating 
 
 Maln^rizal ' The Ad againft Mainprizal,! & 2 P. M 15., 
 that none fliall be let to Bail, which are for- 
 bidden to be bailed by 3 Ed.i. if. does not 
 extend to reftrain Juftices within London and 
 Middlejex, to fet to Bail Prifoners, as thentofore • " 
 they have ufed, &c. 
 
 Malt. '^^'^^ Mayor oi London has Power (by Stat. 17 
 
 i?. 11. 4) to fearch and fee that Malt made in 
 the Counties of Huntingdon^ Cawhrid^e, Nor- 
 thampton, and Bedford, and brought to London 
 for the Provifion of the Court and City, be 
 • well\:leanfed frorti Duft and other Filth. 
 
 Merchants- By Stat. 6 E. IV. 4 the Claufe of the Sta- 
 tute 5". H IV. 9. enjoining Merchant Strangers 
 to fell their Comgiodities within a Quarter of 
 a Year next after their arrival is repealed, fa- 
 ying the Liberties of London, 
 
 By the Stat. 12 i/.VII. 6. the Fellowlhip 
 of Merchants in London fliall not exaA or levy 
 upon every Englifhman (being the King's true 
 Liege-Man trading at tlie Marts in Flanders, 
 Holland, Zealand, Brabant, and other the Arch- 
 Duke of Burgoins Countries ) more than ten 
 Marks, in pain of 20 /. to the King, and ten 
 times fo much as they fliall overtake, to be re- 
 covered by Action of Debt. 
 
 A Statute was made i Elix,. ii. That none 
 fhould Lade or Unlade into, or out of any 
 Ship or other Veflel, any Goods, Wares, or 
 Merchandizes whatfoever , ( Fifli taken by 
 Englifligien only excepted, and unlels it be 
 upon a Leak or Wreck, to be Imported or Ex- 
 ported but only .in the Day-time^ 'viz,. from 
 the firft of March until the laft of September, 
 betwixt Sun-rifing and Sun-fet ; and from the 
 laft of September to the firft of March, between \ 
 the Hours of Seven and Four, and that in fuchj. 
 places as fhould be appointed by Commiffion,) 
 
 in 
 
to the City of London. 465 
 
 in pain to forfeit the Wares, Goods, and Mer- 
 chandizes, otherwife Laden or Unladen, or the 
 value thereof 
 
 Amongft the places fo to be affign'd , London 
 is firft named, and all other places ( Hull only 
 excepted} where there is a Cuftomer, Con- 
 troller, and Searcher. 
 
 By Stat./^"^ Eliz.. 12. the Lord Chancellor p^^^.^^.^^ . 
 or Keeper fliall award a ftan(Jing Commiflion jjfurame. 
 Cto be renew'd Yearly, or as often as to him 
 fhall feem meet) for the hearing and deter- 
 mining of all fuch Caufes arifing, and PoUicies 
 of Aflurance, as ftiall be entred in the Office 
 of Aflurance London ; and this Commiflion is 
 to be diredled to the Judge of the Admiralty, 
 the Recorder of London , two DoAors of the 
 Civil Law, two Common L^p'ers, and eight 
 grave and difcreet Merchanl^or to any five 
 of them : Which Commiffioners, or the ma- 
 jor part of them, fiiall have Power to hear and 
 examine, order and decree all fuch Caufes in 
 a brief and fummary courfe, as to their dif- 
 cretion Ihall feem meet, without formality of 
 Pleadings or Proceedings. 
 
 And by the Stat, 13 & 14 C^r'lL cap.z^, 
 the faid Commiffioners, or three of them, 
 whereof a Dodor of the Civil Law, or Bar- 
 rifter of the Law of five Years ftanding to be 
 one, may proceed as five might have done ; 
 and in cafe of wilful delay of Witnelfes, upon 
 the firft Summons, and tender of the Charges; 
 and of Parties upon the fecond Summons, may 
 punifh the Ofi^cnders by Imprifonment or 
 Cofts : And every fuch Commiffioner may 
 proceed, having taken an Oath before the 
 Lord Mayor of London only, to proceed up- 
 rightly. Alfo Commiffions fhall iffue out of 
 the Admiralty returnable before the faid Com- 
 
 mifli^ 
 
464 Statute Law J relating 
 
 midioners to examine Witnefles beyond Sea, 
 or in any remote parts of the King's Domini- 
 ons : The Commiflioners, or three of them> 
 may pafs Sentence and Execution againtt the 
 Body and Goods, and againft the Executors,c^c. : 
 or the Patry eviifted, and affefs cofts of Suit. 
 And any one Commiffioner may adminifter 
 an Oath to a Witnefs, notice being given to 
 the adverfe Parfy, and fet up in the Office, 
 that fuch Witnefs may be crofs examined : But 
 the Commiflioners mall not proceed againft 
 Body and Goods for the fame Debt. 
 
 By Statute 1; & 14 Car. 2. cap. 3. the 
 
 Mihtia. Lieutenants of the Militia of London have pow- 
 er to continue to lift and levy the Train- Bands 
 and Auxiliaries there, in fuch manner as was 
 ufed in forniiML^the then prelent Forces raifed 
 by the King's (Bnimiflion,and may levy Year- 
 ly fo much Moneys as they fhall judge needful, 
 as was the prefcnt AffelFment then levied, not 
 exceeding in one Year, one Months Tax whichj 
 the City then paid towards the Tax of 70000 l^ 
 fer Menfem. See Soldiers. 
 
 Monopolies, The Statute againft Monopolies mad^ 21" 
 Jac. c. ;. fiiall not be prejudicial to London, or, 
 any other Corporation, for any Grant mad<' 
 then concerning their Cuftoms, nor any Cor-J 
 poration. Company or Fellowship of any Art,' 
 Trade or Myftery, nor to any Company or 
 Society of Merchants. 
 
 Orphans. Concerning the Statute for Orphans of the 
 City of London, we have fpoken heretofore. 
 See before in the Court of Orphans. 
 
 Oil and By Statute 3 H. 8. 14. the Mayor of Lon- 
 
 oiimtyi. j^„^ together with the Mafter and Wardens of 
 the Myftery of Tallow-Chandlcrs there, have 
 Power to fearch all Oils brought to London to 
 be fold j and to overfee that the fame be not 
 
 mixed 
 
to the City of London. ^6j 
 
 tnixed or altered from their right kinds, and 
 what rhey fliall find deceitfully mixed^ they 
 are to caft away, and punifh the Offender by 
 Imprifonment, or otherwife at their Difcreti- 
 oiis, according to the Laws and Cuftcms of the 
 iaid City. 
 
 There is a Statute which was made i Jac. i. Painten 
 ca. 20. for the benefit of the Painters of Lon- '^"'^ ^^*^' 
 don, that no Plaifierer fhall ufe to exercife the ■^'''^'''^■^* 
 Arc of Painter in London, or the Suburhi there- 
 of, or lay any manner of Colour or Painting 
 whatfoever, Unlefs he be a Servant or Appren- 
 tice to a Painter, or have ferved feven Years 
 Apprentice to that Art, under penalty of y /. 
 a time to be divided betwixt the King and the 
 Pfofecutor. 
 
 Provided the Plaifterers, may ufe Whiting, 
 Slacking, Red-Lead, Red-Qker, and RuiTec, 
 mingled with Size only^ and not with Oyl. 
 
 And provided alfo, that no Painter fhall 
 take above 16 d. the day for laying any flat co- 
 lour whatfoever, mingled or mixt with Oyl or 
 Size, upon any Timber, Stone or Lead. 
 
 Concerning paving the Streets between Al- P^'^i^t 
 gate and PFhite-Chappel, Sho(hLaneyFetter-La?)e,&CC. ^^''*'* 
 there is a Statute extant, made i^zH 8. 17. 
 Whereby the Mayor, Aldermen and Juftices 
 of Peace in Middlefex, have power within their 
 refpedive jurifdielions, to Inquire, Hear and , 
 Determine in Sellions, the Defaults of Paving 
 and Repairing of Streets, and in cafe the faid 
 Juftices fiiall be found Remifs therein, they 
 fhall refpedively forfeit y /. 
 
 Alfo any three Juftices in London, whereof 
 the Mayor is to be one, have power to fef 
 Fines upon fuch as do not pave and repair any 
 Street or Lane in London, or the Liberties there- 
 of CO bs levyed by Diftrefs, Plaint or A<5tion, 
 H h by 
 
j^66 Statute Law^ relating 
 
 by the Chamberlain, to the ufe of the Mayor 
 and Commonalty of the faid City. 
 
 A like Statute made 34, d^ 3 y. H. 8. 12. for 
 Paving and Repairing oiWbite-Crofi Street, Chif- 
 v^ell Street^ Long-Lane, St. Johns Street, &C. 
 
 Another like Ad, made 13 Eliz,. 2;. for Pa- 
 ving and keeping in Repair the way without 
 Algate, called the Bars without Algate, &c, 
 
 Alfo another Additional Ad, made 23 Eliz,. 
 12. for paving of the Minories. See the Ads. 
 and Vide fag. 66. 
 Petitions. By Stat. 13 Car, Z.Stat, i. cap. $"♦ none fhall 
 labourer procure hands or conient of aboveio 
 Perfons to any Petition, Remonftrance, &c. 
 to the King, or both, or either Houfes of Par- 
 liament, for Alteration in Church or State, 
 unlefs by confent, (if arifing in London) of the 
 Mayor Aldermen and Commons in the Com- 
 mon Council, and not above ten Perfons are 
 to repair to deliv'er fuch Petition, upon penal- 
 ty not exceeding above 1 00 /. and three Months 
 Iraprifonment. 
 phyfcians^ There are feveral Statutes extant concerning 
 &c. *>■ the Phyficians and Chir urgeons in and about 
 the City of London-, the Jurifdidion and Autho- 
 rity of the Prefident, Cenfors and Commonal- 
 ty of the Colledge of Phyficians in London, ex- 
 tends alfo to others within feven Miles compafs 
 of London. Note, That of this Colledge of 
 Phyficians, and of their Jurifdidion and Au- 
 thority much may be read in the eighth Report 
 Cooke in Dr. Bonhams Cafe. 
 PmPeo- There are feveral Statutes relating to the 
 P^e- poor People in and about the City of London, 
 
 &c. as 43 Ellz. 2. 13, 14 Car. 2. cap. 12, &c. 
 
 poor pri' By ^" ^^ made, 22, d^ 23 Car. 2. cap. 20. 
 
 loners. . Authority is given to find out all Gifts and Be- 
 
 queds for the benefit of poor Prifoners for Debt 
 
 in Lo7idon, &c. Power 
 
to the City 0/ 'London. 467 
 
 Power given to the Mayor of London, &c. Recogni- 
 to take Recognizance of Statutes Merchant^ '^^^"f' 
 and of the Staple , by 1 3 Ed. i, J^on Burnel, 
 alfo 13 Ed. I. de Mercatoribtis, and 23 H. 8. 6. 
 for the Staple.. . 
 
 An K^ made, 13, (^ 14 C<7r. 2. c^/?. 1 5-. Cori- 5;/^- 
 cerning the Silk-throwers Trade. throroerf, 
 
 Alfo by Stat. 20. Ctf>^.2. c^/j. a By-Law of the 
 Silk-throwers in London, ftinting the Freemen 
 of thefaid Company, not to work with above 
 160 Spindles at one time, and the Affiftants 
 with above 240. is made" void, and the Com- 
 pany difabled from making any By-Law, which 
 /hall limit the number of Utenfils above the 
 faid Miftery. 
 
 Alfo no By-Law made or, to be made by the 
 faid Company, Ihall confine any Freeman, to 
 take a lefs number than thr^e Apprentices at 
 any time. 
 
 The Juftices in London are to be prefent at the Soldiers. 
 Mufters of the Militia, according to Ad: 6 &j 
 W. 8. cap. 8. and upon this Ad: upon the Quar- 
 tering any Troops of Horfe in the Liberties of 
 London, every Oificer and Soldier is to pay 8 d. 
 per Night for Hay. 
 
 The Lord Mayor of London, Recorder and South- 
 every Alderman that hath been Mayor, are ^ark 
 with feveral others conftituted by 2<^Car.z.cap./^. ^»'ldingfo 
 to determine Differences concerning the build- 
 ing or not building theHoufes burnt down by the 
 Fire happening in SoHthwark^on the 16th oiMay 
 then lafl:, the Judgments, Orders and Decrees, 
 to be delivered to the Town-Clerk of London, to 
 be kept among the Records of the City. Alio 
 the Lord Mayor has power to give ^ Oath to 
 the other Commiffioners for executing their Au- 
 thorities, other than the Juftices of either Bencbf 
 and Barons of the ExcJieqr^er, And five of fuch 
 H h 2i Psrfon^? 
 
468 ^Statute LaWy relating 
 
 Perfons after they have taken it, may Admi- 
 nifter it to the Lord Mayor. 
 
 Tsxes. By Stat. 19 H, 7. 8. Scavage Money to be 
 
 taken of Denizens, is faved to the Mayor and 
 Commonalty of Lo«io». 
 
 Tumttgt. By Stat. 5", 6 1V.(^ M. cajr.it. being an Aft 
 upon Tunnage, for Eftabliftiing the Bank of 
 England J there is a Tax of 10 j. fir Tun for 
 Blubber, &c. to be paid by the Merchants of 
 Londcn Trading to Greenland^ and 10 /. per Tun 
 forOyland other Merchandize, to Neipfound^ 
 ^ Land. 
 
 SaU* By Stat. -],& SPf^.S. cap. ; i . The Lord Mayor 
 
 and Court of Aldermen of London, &c. have 
 authority to fet Prices for Salt to be fold in Lcn- 
 don, and the Perfon forfeits 5* /. which may be 
 kvyed by the Lord Mayor's Warrant, the one 
 Moiety to the King, the other to the Infor-^ 
 mer and Profeoutor for the fame, before the 
 faid Lord Mayor. 
 
 By Stat. <)i& lo.JV. 3. cap. 44. The like 
 power for Salt is given them to be fetled by 
 July 98. and after,upon the like forfeiture upon 
 Offenders. 
 
 Aid-Tax. By the Stat, ii, iiJV.^. cap. 2. for granting 
 an Aid to his Majefty, and for Maintenance 
 of his Navy and Guards, &c. the Inhabitants 
 of London, &c. are to be Taxed in the Wards 
 where they dwell. 
 
 Tri^dt 0nd ^J Stat. 1. Jac. 2. 1 9. ( conccming what 
 
 Cmmercs. time Foreign Corn ii Imported, and the prices 
 of medling £w^/;]?j Corn then to be Dtterm.i- 
 ned ) what is thereby required to be done by 
 the Juftices at their Quarter Seffions, fhall boi 
 3one in London in Odober and April, by the. 
 Mayor and Aldermen, and Juftices of the Peace 
 there. 
 
 An 
 
to the City of London. 469 
 
 An A A made iJV. ^ M, SeJJl i. cap. ;4. 
 concerning the Incorporation of the Compa- 
 ny of Merchants of London Trading to Green- 
 land. 
 
 Stat, made ^ & 10 fF.^.cap. 17. concern' '^''*^'>»? 
 ing Bills of Exchange drawn or dated, at and ^"^''^»^'""' 
 from any place in this Kingdom of y /. Ster- 
 ling or upwards, upon any Perfon in London, or • 
 other Trading City, to be be protefted in Lon^ 
 don by a Notary publick, and in default of fuch 
 Notary publick by any Subftantial Perfon of 
 the place before two VVitneffes after acceptance 
 in Writing, and Expiration of three days after 
 the fame fliall be due, ( refufalornegled being 
 firftmade of due payment) the Proteft is to be 
 notified within fourteen days after to th^Party 
 from whom the Bills were received, who upon 
 producing fuch Proteft, is to repay thefaid Bill 
 with Intereft and Charges from the protefting, 
 for which Proteft there is not to be paid above 
 6 d.ln default of fuch Proteft and due notice, 
 the Perfon failing /hall be liable to all Cofts, 
 Damages and Intereft thereupon. And if fuch 
 Inland Bills be loft or mifcarry, within the time 
 limited for payment of the fame, the Drawer 
 (hall give others of the fame Tenour, Securicy 
 being given to Indcmpnifie him, in cafe the loft 
 Bills be found again. See the A(ft. 
 
 By Stat. n.E. ;. 10. Every Man that bring- Vitfunl^ 
 eth Vitflual to London, may freely fell the fame, ^"^ ^'^*^ 
 without the Interruption or Impeachment of ^^'* 
 any. And the Mayor and Aldermen of Lon- 
 don, may Rule and Regulate the Defaults of 
 Fifhmongers, Butchers and Poulterers,^ as they do 
 of fuch as fell Beer, Ale or Wine. 
 
 By Stat. 6R. 2. Stat. i. 9. No Vi(5lualler in 
 
 London, or any Other City, Borough, or Port 
 
 of the Sea, ihall exercife any judicial Office 
 
 ^ h 5 there, 
 
470 Statute Law, relating 
 
 there^, and in cafe any be chofen into fuch Of- 
 fice, he fhall forbear co ufe Vidualling during 
 his Office, in pain to forfeit the Vit^uals fold. 
 
 And by Stat, j R. 2. 1 1. All Vintners and 
 Vidluallers, as well Fiflimongers as others, com- 
 ing with their ViAiiais to London^ fliali be under 
 the Governance of the Mayor and Aldermen 
 of that City, 3S hath been heretofore ufed. 
 
 The Stat. 5 H. 8. 8. fays, when a Vidualler 
 in a City or Corporation is chofen to bear an 
 Office, by reafon whereof he ought to have 
 the Affizing of Viduals, two others ( being no 
 Viduallers) fliall be joynM and fworn with 
 him, truly to AlTefs and Affize, &c. but here 
 the Officers in London j York and Coventry are ex- 
 cepted. 
 
 Vrnther, See ^at. of Glouc. J2.6. E i- concerning one 
 being impleaded for a Tenement in London, 
 and vouching a Foreigner to Warrantry, with 
 the manner of the procefs relating thereto. 
 
 Meager of By Stat. '^S E. 3.5". Any Man may wage 
 
 ^^^ his Law, by fuflicient People of his Condition 
 againft Londoners Papers, and the Creditor ftiall • 
 take Surety otherwife, C if he pleafeafe j; but 
 {hall not put die Party to plead to the Inqueft, 
 unlefs he will do fo of his own aciord. 
 
 Watermen. Of them ic'is treated before in the Court of 
 Confervacy of the River of "Thames. 
 
 mights By Stat. II H. 6. 8. 'The Mayor of London, 
 
 nnd Mea- and all other Mayors and Bailiffs on their Oaths, 
 "'•'■ fhall be charged to keep and dxecute the 
 Statutes for obferving due Weights .and Mea- 
 fures. ' • 
 
 By Stat, of Gloucefter i f, 1 6 £. r. the Mayor 
 2nd Bayliffs rfow Sheriffs of London, are to in- 
 quire cf Wine fold againft the Affize. 
 
 mms. By Stat. 28 H. 8. 14. The Lord Chancellor, 
 
 Treafurer> Prefident of the Council, Privy 
 
 , Seal, 
 
to the City of London. 47 1 
 
 Seal, or the two Chief JufticeSj or j", 4 or 5 of 
 them have power at their Difcretions, to fee 
 the prices of all. kind of Wines, 'viz,, of the 
 But, Tun, Pipe, Hogfliead, Puncheon, Tierce, 
 Barrel or Rgndlet, when they /hall be fold in 
 grofs. The prices then are to be written and 
 proclaimed in Chancery in the Term-time, or 
 elfe in the City^ Borough or Town v. * ere any 
 fuch Wines are fold in grofs, 40 /. forfeiture" for 
 every Veffel otherwife fold, betwixt the King 
 and head Rulers in a Corporation ; but out of 
 a Corporation, betwixt the King and the Pro- 
 fecutor. 
 
 And by *Stat. ^y H. 8. 23. None that fell 
 Wines either in Grofs or by Retail, fhall fell 
 them above the prices fet by the Great Officers,' 
 upon the penalty aforefaid. 
 
 And if any refufe to fell their Wines accor- 
 dingly in Lowion, the Mayor, Recorder, and 
 two ancient Aldermen being no Vintners, in 
 other places the chief Officers, &c. may en- 
 ter the Houfes of fuch Perfons, and fell their 
 Wines at the prices fo alTefTed. 
 
 The Stat. 7 E. 6. ). provides for Licences 
 for fuch as fell Wine by Retail in London, &c. 
 and only 40. Licences are allowed in London by 
 this Ad. , ' 
 
 Alfo the Stat. 12 Carl 2. cap. 25*. is made for 
 Licenfmg Retailers of Wine, and the King 
 may Iffue out Commiffions for the Commiffi- 
 onersto Licence whom they think fit, for 21 
 years, or under, and for fuch Rent as they 
 can agree; and here the Priviledges of the U- 
 niverlities, and of the Company of Vintners 
 in London, and other Cities, &c. are faved. 
 
 This laft mentioned Aft fays, That all Per- 
 fons that fell Wines in grofs, mingled or abu- 
 fed, ftiall forfeit 100 /. for every Offence, and 
 
 Hh4 ail 
 
^7 1 Statute Law, relating 
 
 i\\ felling fuch Wines by Retail 40 Lone half 
 to the King, the qtjier to the Informofr- -That 
 no SfamjhoT fweet Wines (hall be fold for above 
 18 d. per Quart by Retail. No French Wines a- 
 bove S 4- No Rbenijh above izd. and fo pro- 
 portionably, on pain of f /. for every quantity 
 fo fold, the one Moyety to the King, the other 
 p him that will iue. 
 
 But "the Chancellor and other great Officers, 
 pay fet the prices at higher or lower Rates 
 than as aforefaid. Proclamation to be made 
 thereof as aforefaid ; and in default of fuch 
 fetting, the prices fet by this Ad fhallbe ob- 
 fevr'd. Confirmed,- 13 C<7r. 2. c5/>. 7. -•. v 
 
 Note the Stat, 15- Car. 2. cap. 14. gives the ^ 
 powers of granting Licences as aforefaid, and . 
 the moiety of the Forfeitures to James Duke oC^ 
 I'orky and the Heirs Males of his Body. Here 
 the Pf iviledges of the Company of Fintnen Lon*'\" 
 don, &c. are faved. - • " -'Jv : ;' \V ' 
 
 And by Stat, 22^ & i^ Car. 1. cdpy^itbe^ 
 Powers and Revenues are again vefted in the 
 King, and in Satisfadlion thereof, the Kings 
 Letters Parents whereby there ihould be grant- , 
 ed to the Duke and his Heirs Males 24000 /. (>f 
 the Revenues of the Excife of Beer and Ale, 
 d^-c. ihall be good in Law, . ■ ■ : _^ 
 
 And by Stat, i Jac.2. cap. 12. It is Enaded, 
 That the King from thenceforth ftand and be 
 feizei^ of, and in the faid yearly Rent or Sum 
 of 240C0 /. of one entire and indefeizible E- 
 jftate in Fee Simple, the aforefaid laft y(V<^ of .. 
 Parliament notwithflanding. *"-.'/. ■ » 
 
 FINIS. 
 
 ^♦1 ''*\,V**' ' 
 
■rjf. 
 
 ■ i. ' .r ,tfr ■ 
 
 ' THE 
 
 TABLE. 
 
 A. 
 
 AB(!raSf of the (^reat Charter of Confirmation, iff rs 
 Car. Scdi. dcC'from pagt 3. to pag. 32 
 
 jl3ion maintainable without fpeeialty^ 144, 
 
 0/ Debt maintainable onfimpleContra£{t 1 4^ 
 
 jitiions in the Mayor t Court, 1S6 
 
 jillegations to lay jiliions in a Foreign County^ 141 
 
 jiStiont in Sheriffs Cettrt, 254, 167 
 
 Etttring them in the Compilers, 277 
 
 ^i?/o» fur conceflit folvere, 14^ 
 
 ^3ion withdrawn, <'■ 430 
 
 ^B of Common Council for Tfg'flfff'T^ pHblick Market fj 67 
 For regu/ati»g the'Watches %z 
 
 For regalating Foreintrr p2 
 
 That no Foreiner jhaS open Shop, 58 
 
 That a Freeman ft)ali not imploy a Foreigner, joo 
 
 ^^ainfi colouring foreign Goods, 105 
 
 ^Sis of Common Council, as to no Ejfoin, PrtteBion, IVager 
 of Law, &c. reproved, 131 
 
 "^ — Jgainfi Bricklayers and Plaifterers, 1 3 2 
 
 jiBs for Re-buiUing the City 0/ London, 3 J. Vide Sta' 
 
 tuie Law 
 jtBt private^ho be particularly alledged, 58 
 
 jllderrmn 0/ Lpndpn, Jujiices of Peace^ 1 5 
 
 Two to be infers ed in all Cstntniffions, 24 
 
 jlldermen not to be eUBed Confiables^ &c? I ro 
 
 yicquitialdf Murther, 3,5,8,9 
 
 Allowances in the Exchequer, for things givm from the Ci- 
 ty, 4,7 
 Allowance of 7 I. per Annum upon Account to the Sheriff 
 for the liberty of St. Paul's, &c. 9 
 Allowance of their Chatter bj me Writ^ (ftfficicnt for one 
 Kings time, ij 
 ASowance ofpriviledge of Courts at Weftminfter, 11 3,140 
 Amcrciamints for pecuniary punipment^ Sec. 4,6,7,8 
 
 Apprencices. 
 
The TABLE. 
 
 Apprentices. 
 
 Cont^rning them, ' 107, 119 
 
 MafternegUBing to TnroUthem before the Chamberlain, &c. 
 
 - 303 
 Mifdemeanottr of an Apprentice, • ibid. 
 
 Mifufal by Majiers 50^ 
 
 Turnover!, ibid. 
 
 References to the Chamberlain, the Convenieney thereof 305 
 yipprentice refujing to be InroU''d, ibid. 
 
 Caufes wherefore Apprentices may be Difcharged, 305 
 
 Indentures of Apprentice how to be fued out, ibid. 
 
 — ■ — Bound for 8, 9, or 10 Tears, 307 
 
 Apprentice taken by a Freemans Widow, ibid. 
 
 By an ExchangeWoman or Semftrefs, ibid. 
 
 Mafler refu[ing to make an Apprentice free, 508,309 
 
 Fees upon Binding an Apprentice, &c . 303 .—Vide 3 09, 310 
 Ap^pr entices pUadir/g againfi Majiers, &€• from 315, to 
 
 350 
 
 Apprentice may be a Freeman of London, though taken at 
 
 ^ York, &c. 119 
 
 Arrcjis and Procefsin London concerning them^^ 271. Arrejis 
 
 without Procefs, ibid, fee Cufioms. 
 Arrcjling by Sergeants 277 
 
 One Arrejitd as coming or returning to or from Court, not 
 Difchargeable by the Court - 278 
 
 Archbijhsp makes no Vifitation in London, ^c. 43 
 
 Attachments Foreign pleaded, 14.7 
 
 Attachments Foreign in the Mayers Court and Sheriffs Court, 
 
 J 89 
 Advantage of foreign Attachments in the Mayors Court, 
 
 190 
 What things are Attachable, 197, &c. in whofe hands 
 
 aoj, 5cc. 
 Pleadings thereupon, ^06, 6cc. 
 
 Attachments in iVithernam, 4) i o 
 
 Upon a jalje Verdict, I77, &C. 
 
 Attaints, tjo 
 
 Attorneys to he appointed 10, for Vouchers in Recoveries, 
 
 177 
 0/ the Mayors fiourt, ,.- 186 
 
 Attorney difinijs^d from his Office by Order of Court, for a 
 Contempt. 40 ^ 
 
 AfRne of Bread, I7» n 
 
 Avvaterers, \ 5 1 
 
 Ba:X 
 
The TABLE. 
 
 B. 
 
 BAil, 429 
 
 Bail Difcharged 43 1 
 
 See tht Courts. 
 Beam and Ballatjce^ 1 1, i J, 18, so, 28, 134 
 
 Brokers 1$. Brokers of Pa-xns, 30. Brokers Fees, 31 
 
 Bethlem Hofpital, Keepers thereof, 30 
 
 Bargain and Sale of Lands by Parol, I48 
 
 Blackwell.Hall, conceraing if^ 136 
 
 Bridgmajiers EleSied, ^ 173. 
 
 JlBion byoneofthem againji the Mayor, 221, ^c. 
 
 B)'-Laws, vi^at are good or not, and how to be pleaded, 128^ 
 
 1 29, Sec. 
 
 By the Company »/ Butchers, 133 
 
 Ought to be jhewd in certain, ibid. 
 
 To Rejlrain the number of Carts, 8cc. 134 
 
 By-Law good, when a Cuflom warrants it, 13 j 
 
 » ■. For Reparation of Puddle-Dock, 1^6 
 
 By the Combmakers ^ 
 
 and ^ about exercifing their Trade^ 137 
 
 By^Merchant'Vzyloxs^ 
 
 C Barter the Great for Confirmation of the Laws and Li» 
 berties, Sic. of the City 0/ London, from pag. 3, to 3a 
 Charters of Kiitg William the Conqueror, 3 
 
 Charters of Hen. I. ibid. 
 
 Charter of Hen. 2. p. 4 
 
 Charters of Rich. ill. ' 5 
 
 Charters of K. John, 5. ^> 7 
 
 Charters of Hen. 3. 7, 8, 9,40 
 
 Charter of Ed. the ift. 11 
 
 Charter of Ed. 2d. 1 1 
 
 Charters of ^d. the -^6.. la, 13, 14 
 
 Charter of Hsmy the ^th. 1-5, 16, &c. 
 
 Charters of Ed. the ^.th. i?, X9 
 
 Charter of Hen. the 7 th. 19 
 
 C^iirr^r 0/ Hen. 8th. 20 
 
 Charter of Edw. 6th. 20,21, &c. 
 
 Charters of James the i{\. 23, 24, &c. 
 
 Charter of Charles the xft. 26, 27, 6cc<' 
 
 Charters aforefaid all Confirm" d hy K. Charles the 2d. p. 
 . 32. alfo all Charters, Sec. Rejiored byW-^' M..t0 the 
 f aid City, 33 
 
 Charters forfeited, 9. Charters of Htn. 6, made void, 26 
 Chafes .Tnd Hunt granted ■ 4, 8 
 
 Certificates of Feesy Sec. from 410, to 443 
 
 Certificate of the Recorder, i^)^9, ii2, 157 
 
 Caufes mark'd by the Lord Mayor 167 
 
 \ ... Caufes 
 
The TABLE. 
 
 Cmfes removed out of the Sheriff Court ^3 1 
 
 Chamherlai'njhip rejerv'd to the King, 7, 8 
 
 Clerk of the MArk,et, no power in the City, 1 a 
 
 Clerk of Sonthwitk Market 21 
 
 Churchwardens and Parfon in London are a Cerporation, 
 
 Coroners of London, 19 
 
 Coroners of South wark, 22 
 
 Citizens accountable for infolvent Sheriff's^ 6, 7. 
 City not to be taken into the Kings tlltnds, for afty Perfonal 
 
 Trefpafs or Judgment, of any Miniver of the City, i -^ 
 
 Cftizens to Traffick.vhere they pleafe, 9, 10, 118. 
 
 To he Taxed in Sulfjidies 13, Vide 1 6 
 
 Not to go or fend to War out of the City, j 3 
 
 Five manner of Citizens of London, 5 j 
 
 Citizens may prefer ibe again (i a Statute, 1 n 
 
 Coab to he meafurd, &C. ?3> ^5 
 
 Cold-Harbrough, * ' ^14 
 
 Confirmation of Priviledges, ^ 
 
 - ■ 0/ Grants, j' 
 
 'Of Sherifwick oj London and Middlefex, 5» <5, 7. 
 
 OfCufioms 5, II, 13 
 
 Of Rent 300 1. <J, 7 
 
 ' ■ 0/ Immunities 7, 9 
 
 Of the Grant of Queen Hith. oryo 1, per Annum, 9 
 
 of Liberties f ^ 9 
 
 Confirmation of all the Charters of London, 31, & 33 
 
 Cmtribution ipto tstz, i^S 
 
 Contracts fingle,' 1 5 1 
 
 Covtr.dnt toithotit Specialty, &€• I<t9 
 
 Cufiody of the City Gates, ">i j 
 
 Courts within the City, 
 
 l-'^'powder Court granted^ ' j 7' 
 
 Court of Confciejicc • spj 3 1 
 
 Folhjnote^ ^ 
 .^hyors Court, Suit there hy Englifh BilJ, far Lands in Mrd- 
 
 diefex', i4<f 
 
 Court of HuftingS, i6q 
 
 ^ 0/ the Huftings of Pleas of Lottd. i6x 
 
 [■^ , „ ,.. of f^eHuftingso/ Common-Pleas, 164 
 
 of fF/Z/jr proved, ^7$ ^ 
 
 of Recoveries pafs^d, ibid. 
 
 Court of the Lord Mayor, igd 
 
 0/ A/> CoKr/ of Chancery, 2 5 (J 
 
 CoHr/j 0/ Guild-Hall /in</ Juftice-Hall, 1162 
 
 Court of the Sheri^s, i6x, &c. 
 
 hove to lay Cuflomof the Sheri^'t Court, 275; 
 Diference of Entries in ihe M.iprt C9Urtt and Shirt ffs Court, 
 
 a7(J Skerigs 
 
The TABLE. 
 
 Sherifs Court when kept, ayS 
 
 t.ntrfvg JiSions in the Compter, 277 
 
 Court of Orphans, ^ 2751, Sec. 
 
 Court or Office of the Chamberlain oj London, 302, &c. 
 
 Court of Common Council, 350 
 
 Court of aldermen, 3 y 3 
 
 Courts of Wardmote, 3 5 5 , &c . 
 
 Court of Conjervacy for the Riier of Thames, 364, &C. 
 Court of Watermen for the River of Thames. 
 Court of Watermen, &:C' Order made in 0£tob. 170:. «• 
 gainji Jmmodefl and Lewd ExpreJJions by Watermen, or 
 
 thetr apprentices, &c. 357 
 
 Court of Confcience, 398, &C. 
 
 Court of the Hall or the Halmote, 40S 
 
 Court of the Coroner, 408 
 
 Court oj the Efcheattr, 408 
 
 Court of the Tover, ^09 
 
 Court of St. Martins ]e Grand, ibid. 
 
 t- Cufloms of Lmdon. 
 
 Cuficms to he enjoyed according to Magna Charta, 14 
 
 Cujicms to be declared by roord of Mouth, 16, 29 
 
 CuJIoms of London for payment oj Tythes, 3 5, 3^, 37, 6cc. 
 
 See Table of Statute-Lasp, §c Vide. 
 Cujlom of AlhaUows, touching the choice of Church-Wat' 
 
 dens, 41 
 
 Cuflom of rcflry of St. Katherlnes Colemanflreet, to chufe 
 
 a Clerk, 4 J 
 
 Cuflom of London concerning Prifage of Wine, 44, 45,&c. 
 » The nature of Prijage, $0 
 
 » Prifeige koto to be, ibid. 
 
 Butlerage what, ibid. 
 
 Tifne when Prifage due, 5 i 
 
 Who jhall be. difchargd thereof, ibid. 
 
 What property he ought to hame, 5 3 
 
 Cufttm of London ccncernirg luilding on old Foundations, 
 
 and Jioppirg of Lights, 54, 55, 6cc. 
 
 Cujlom of placing Li^ders, &c. en other Mens Ground, .59 
 Cufiom as to Lur.dlords and Tenants, s 9 
 
 Cufhms for prejtr'v. fg and ordering the Streets againfi jin' 
 
 noyances, 61,62, &c. Vide Tgodcz in the Stat._Law. 
 Cufiom and Orders for regulating prdlick Markets TDirhin 
 
 the City, 67, 68, &c. Vide pofiea, in the Stat. Law. 
 Cuficms and Orders jcr Watches, &c. 8a, 83, &C. 
 Cajlcms ar.d C?ders for Foreigners, 92, 93, &:c» 
 
 Cufloms toncerttng jipprentites, their hroUment, Ccvenants, 
 
 and Difchargesy Sec. 107, ic8, etc. 119, rao, &:c. 
 Cujfomf rn London General and Special, 1 1 o, &c. 
 
 Where 
 
The TAB L E. 
 
 ff^here particular Cufloms are pleadable, and ought to he ta^ \ 
 
 ken notice of, 111,113 
 
 Cuft'owary /^ciions Discharged by priviledge of the Courts at 
 
 Weftminfter, 113,140 
 
 Ctiflom of being free of one Trade, to fet up another, 1 1 J 
 Cuflems as to VVomen, 123 
 
 Cujiom of weighing at the common Beam return 'd, 134 
 
 CuJioTn to meaftire Sea-coal, J 3 7 , 
 
 Cujiomin not remo'vivg Body and Caufe upon a Habeas Cor- ■ 
 
 pus void, 138 ■ 
 
 , Cujiom to fine a Mayor chofen, and refujing, 1 1 o 
 
 To fine one chofen Sjjeriff', and refujing to hold, 140 > 
 
 C«/?o»2 o/" Market-Overt, 142 1 
 
 Cufiom of Innkeepers detainiyjg a Horje for meat, 143 
 
 Cuflomof Cranage of Salt, 150 
 
 Cujlom concerning /iElionvf IVafi, iBl, 8cc. 
 
 — Ctijiom of Foreign Attachments in general. Sec. from 
 
 189, to 253 
 - 0/ vohat things, 197 
 
 Vl^at Perfon P>all he bound by it, -Sec. ■ ^o^ 
 
 Other Cufioms of London as to Officers Courts, Proems and 
 
 Prifons, Scc» 272, &c. 
 
 Cuftom to remove Pleas and Records out of the Sheriffs Court, 
 
 in the Lord Mayors, 275; 
 
 Cujicms of the King to be levyed before Sale, ' 10 
 
 D. 
 ^Eclar'attons, 8cc. upon Foreign Attachme7its, 224, 237,- 
 Declarations, &c. by Majiers againfi Apprentices and. 
 
 h Converfo, . , ., 1 
 
 — ^giiipfl an Apprejitice for departing -without l«eave 
 
 315 
 " ■■■■ « ■ the like in Englifh, 311 
 
 pleading upon a Bond for Apprentices Service, that 
 
 the Majier turnd him away, &c. 3 24, &^.' 
 
 • againfi an Apprentice for negleEiing Service, an^^ 
 
 rvajiing Mo7jey, .3 2^^ 
 
 " ' ■— - the like for voajiing Goods, 328 
 
 : - ■ ■ ■ the like in Englifli/e?- imbezling Money, cdmtaitting 
 
 Fornication, atid frequenting Taverns , ^c- 33 r 
 
 for wafiing Money received by his own hands, and the 
 
 hands of others, 6{c. 3 3 > 
 
 " barr by Stat, 5 Eliz. That it was not certified that 
 
 his Father or Mother had 40 s. per Annum in Lands, 
 
 ., 333- 
 
 " • by an Apprentice agatnji his Majier, fot turnifig 
 
 hiin out of his Service, See. .24-i 
 
 barr that he left his Service, SiC. 34^ 
 
 — — - for receiviitg and detaining his Apprentice, having^ 
 
 left 
 
- The TABLE. 
 
 left hU Mailer's Service, 547 
 
 ■■' Allter for procuring the Plant iff's u^ppr entice t9 
 
 leave his Service, and for that the Defendant teceivd 
 
 ^ and detain d him in his Service, 348 
 
 SWs. 349 
 
 Debts, 8, 10 
 
 —»-' may be inrolled in the Exchequer. i r 
 
 ^ Of Citizens. 
 
 Debt maintainable on Jimpk ContraB, 1 46 
 
 Debt examined by Lord-Mayor, .. 147 
 
 Debtor fugitive ibid. 
 
 Debt, againft Executors upon fmpk Contf^B. 151, 8cc. 
 
 Depositions taken in perpetuam rei memoriam 145 
 
 Devices by 'joint Tenants, &C. 14J, 156? 
 
 ■ ■' , ■ of Lands to be InroUed, 1 5 (J 
 
 — of Reverfions by Will InroBed, ibid. 
 
 ■' of a Livelihood. 157 
 
 Disfranchifement, caufes thereof, lof, 106, 122. See alja 
 
 311, 312 
 Dijirejfes, . 149 
 
 Duke's-PIace, Black-Fryers, White^Fryers, &c, 24 
 
 E^ity in the Lord- Mayor s Court of Chancery, and how, 
 2s6, &c. 
 Errors in London to be redrefjid, 3 3 
 
 Efcheator, 13 
 
 Lord-Mayor, ibid. 
 
 ' - 'of Southwark, 22 
 
 Bfchcats and Forfeitures granted, I7» ar 
 
 Eflrays, 25, 29 
 
 Execution after "judgment upon Tryal. 430 
 
 Executors and Adminifrators, concerning theni* i ?4 
 
 F. 
 
 Fj^irs, touching them, 13 
 
 — iw Southwark, 21 
 
 ' ^ ' in Smithfieldt 2^9 
 
 Fees of Common Outroper, 3 r 
 
 — of Brokers, 3 r 
 
 — of Clerks of Court of Confcicnce, 31, 407, 408 
 •— vpoii Inrolmciit of Deeds, 1 7 J 
 
 — upon Recoveries pajfed, I'jS 
 
 — upon taking Appretitices, See. , 303, 309, &c. 
 -— on Rates for Watermen, &c. 390 
 
 — of the Prothomtaries of the Sheriffs Court, 41 o, 41 3, &:c- 
 
 Fees 
 
Tfee TABLE. 
 
 Tt4J taken hy the Secondaries in London, /w Preeeft return- 
 
 a^ie at Weftminfter, &c. 417 
 
 •— taken by the Atttrneys of the Sherijfs Courts^ 420 
 
 — taken by the Clerk-fitters in both Cerfjpterti London, 
 
 421, &c. 
 — — taken of Prifoners in the Compter of Woodftreet, 424 
 Fees and Rjttes for Prifoners committed to the Poultry- 
 Compter, ^16 
 
 Fees, Duties^ and Claims of the Keeper of Ludgate, 418 
 Other Fees incident to the Sherijfs Court, with Obfervations 
 thereon, . 419, &c. 
 
 Fees upon an Attachment in the Sheriffs-Court, 5cc. 4^3 
 The like when the Ga^ijhees pleads Tryal, 437" 
 
 Upon an Attachment made in the Plaintiff's own hands, 439 
 X/pon a Seqiiejiration for the Plaintiff", 4^0 
 
 Upon confeffmg a Judgment hy an Mminijiration, 8cc. 4 4 r 
 Feet to be paid upon giving Security for Orphans Money, 
 
 ibid. 
 Upon acknowledging SatisfaBion upon four Recognizances, 
 
 ^'^^ 
 Upon putting in Bail, 429. See the Courts* 
 
 Upon Ailion withdrarvn^ 4?^ 
 
 Upon Execution after Judgment^ ibid* 
 
 Upon fpecial Declarations, &Ct 431 
 
 C/po« a Procedendo, 432 
 
 Upon bringing a Habeas Corpus to remove a Caufe^ 432 
 
 Upon proceeding againji a Sergeant at Mace, 43 y 
 
 Upon the Defejidants proceeding by Provifo, ibid- 
 
 Fines, Amerciaments and Penalties granted. 27 
 
 Femeyo/e Merchant, how to be Sued, 8cc. 1 1 r, l^ide 123, 
 
 124 
 
 Fifhermin and Fi(h. See in the Court of Confervacy. 
 
 Forfeitures of Recognizances granted, iy 
 
 Freedoms to be taken up, i^ 
 
 Free?»en of London three ways, j.^ 
 
 - may take an Apprentice at York, and he fiaH be n 
 
 Fret7nan of London, 
 
 Foreiners, concerning thtm, 
 
 Forein Goods, Act againjl colouring them, 
 
 lorein Tenures^ 
 
 Farcin Attachments, concerning them, 
 
 Foreiner made Freeman, and how, 
 
 Fore (} ailing, 
 
 Foreflalling of Cealsf &c. 
 
 Gaugerf 
 
The TABLE. 
 
 G. , 
 
 G Augers Office granted, - i^^ ^% 
 
 Garbling a/ Sfices, Sec. granted, 28 
 
 Goiidi Replegiable, and hone, l^^ 
 
 ■Goods of Felons^ Sec. granted^ I a, 17,21, 29 
 
 Goorf'x forfeited by Strangers ip 
 
 Guildhall, «w«r»/«g i>, 222 
 
 — Hath no "Jurifdiciion coficeming a Penal Law, ibid. 
 
 Oy Guild-hall «Bi Juftice-hall, as to IndiEiments, 262 
 H. 
 
 HUftings, ' 4,8, 10, J 60, r6i. Sec. 
 
 Lands pleadable there, 144, i6j. Vide Cc»«r/K 
 Btirgeffes and other Officers elcBed then, 172 
 
 INtrodtiHion to the Book, foL t 
 
 ImjnuJjities general from aU ToS^ g 
 
 Cufloms, and Prifage of VVine excepted, 10 
 
 Inquijitionstobe tal^n, i^. altered to another place, ?• ip 
 Indi£fments to be infpeBed, Scc. JtJ 
 
 tnroUment of Apprentices, 107, 119 
 
 " of Deeds, 1 74 
 
 — — of Lands devifed, 1 5^ 
 
 of yViUs, ibid. 
 
 Jufiices, of Goal delivery of Newgzte, 12 
 
 S'arw return d to tryCaufes in the Lord Mayors Court, and 
 
 hove, 254 
 
 L. 
 
 LEafes of Hofpital Lands, 30 
 
 Ley Gager, II4, 14^ 
 
 L^W in St. Giles z w f Ae Fields to he purchafed, 3 o 
 
 Z,tfK</j 0/ r^s VFife pafs^d. I48 
 
 Liberties held of the King and his HeirSf 8 
 
 Liberties, &c. reftored, 12, 13, 15,24, 2^ 
 
 Liberty to devije Lands in Mortmain, 12 
 
 -Lodgers in the City, 4, 5, 8, io 
 
 M. 
 
 M^'or to be chofen and prefented, 6, 1, g, it 
 
 Mayor "Jiijiice of Goal delivery, ix, i J 
 
 'Mayor and Efcheator, 13, no. of Southwark, 2a 
 
 ^layor and Aldermen exe7npted from Juries, 2cc. jS 
 
 A/ayor and Aldermen, &c. Jujlices for hoadon, made Jii/!i- 
 ces for Southwark, 2 3 
 
 MfipuBailif of the River of Thames, 23 
 
 'AJayor, Recorder, 8cc. Jufiices of Oyct and TeufnMT, 24 
 made Jufticet of Peace, ^ . 26, 29 
 
 Mayor, Sheriffs and Alderrmn of London bjdng IndiBed, Scc. 
 how to anfwer, 34 
 
 Mayor the Kings Brother, 1 10 
 
 I Mayor 
 
The TABLE. 
 
 Mayor choj'en and refufing, waybefind$OQ\. no 
 
 Mayors Court, 1 8^, &c. 
 
 Jttackments there, from, 189, to 136. Juries there re 
 
 torrid- 
 Mayors Court of Chancery, 8cc. 256, 8cc. 
 Markets not to be within jeven Miles of London* 14, 29, 
 
 d7,<J8,8cc 
 Mafters and jipf rent ices, concerning than, 107, up, &c. 
 
 See Appreritices. 
 Mapers Declarations againjl ji^^r entices, & h converib, 
 from, 315, to 350. 
 
 Meafuring of Coals and Grain granted^ 23»25 
 
 Middlelex /-!»rwV, i> 1 
 
 Mcrchmit Strangers, 1 1 
 
 C 5/j/? «/ their Goods, 12, 14. ) 
 JHifrchant Strangers to Board, ajtd not to keep Houfes^ i j. See 
 ^, Foreipiers, pa,8cc, 
 
 ^0^ to fell Goods by Retail, j 5 
 
 iitrangirs buying of Strangers Goods, forfeited^ 19, 104 
 
 Mixf hunts oj jihnain, I o 
 
 Merchants /Apprentices^ 29 
 
 Merchant Feme Sole in 
 
 Mqneyers, v 4. 5» 8, 9 
 
 Moor fields granted, ay 
 
 Alartmain^ 1 2 
 
 JEwgate 14,15,20,21,273,274 
 
 N 
 
 . O 
 
 iTSA'th by Ejcheator, 13 
 
 >^ 0/ .<^« truth of a Debt, 146 
 
 * < .. " by the Sheriffs upon givir.g up jiccounts. 
 
 -7— by jippraljors upon a Scquejlration, 219 
 
 ■ — — b)' the Defendant to d/fprove the Debt. 
 
 — — by an Execution upon an ABionto be given, 298 
 
 — — by every Fi e vian of London, 313 
 
 Orders for Markets, ^7, (58, &C. Vide. 
 
 Orders for Watches^ 82, 83, Sec. 
 
 Orders for Foreigners , 9'i-y9l7 &:C» 
 
 Orders for Fijhermenon the River of Thames Weftwdrd, 
 
 369. and Eaftward, &c. 37? 
 
 — •-ag<iinji drawing the Shores, 38<J 
 
 Order by Company of Watermen, &C. againjl Leud E>'preJ}i' 
 
 ons, 397 
 
 Orphans, concerning them^ their Court, and (he practice there 
 
 of, from 2-5, to 301 
 
 Out ropers Office granted. - 28 
 
 Out racers Fee;; 3 1 
 
The TABLE, 
 
 p. 
 
 Packing and Garbling, 19. Package and Portagf, 3 1 
 
 Penalties, &c. againfi t.hi City of London, Uft to the 
 difcretioh ef Jujticer, 35 
 
 —'^Priority of Suit. 
 
 Pleas ofthtChvpti, 3 . 5 > 8 , 9 
 
 Pleadings without the City, 4, 5. 8, 9, i * 
 
 Plaints and Pleadings arijing in South wark, ^^ 
 
 Pleadings, Scc. in Foreign ^ttachmefit, 206, 8cc« 
 
 Special Prefident up07i Jttachment in the Mayor's Court , 
 \ 224, &c. 
 
 The like in the Sheriffs Court ^ 237, See 
 
 Pleadings for Dehe, Sec. 8, 10. 
 
 Departure in pleafiing, 119, 120 
 
 Pleadings betwixt Majlers etnd Jppr entices, frmt 315, fo 
 
 350 
 Plea Foreign refujed, and Prohibition t^S 
 
 Plea amounting to the General ljfne, 14.7 
 
 Pledges, 150 
 
 priority of Suit. 
 
 Pri'viledge by reafon thereof, 1 40 
 
 Prizes or Prifage of Wine, j o 
 
 Proceft againft the Mayor, Sheriffs, 8cc. 34 
 
 Proceedings againft a Sergeant at Mace for mgle^t 43? 
 Defendant proceeding by Provifo, ibid. 
 
 Purveyor Sy 1 4 
 
 Q 
 
 QUeen Hith ^r^wfei to the City at the Rent of 50 1. 
 per Annum, 9 
 
 Quo^ixi^nto brought againji the City of hon^on, 32, 
 that it be Reverfed, 3 3 
 
 R. 
 
 REntof 300 1. per Ann. referv'dto the Crown, ^,€,T,ii 
 Rent of 50 1. pQT Annum rejerved for Queen Hith. 
 
 9 
 
 Rent or Farm to btpaid for Souchwark, 14, 18. o?iIy 10 1, 
 for the ancient Farm. Archbi^iop of Canterburies R»^^f/ 
 excepted, ibid. 
 
 Refervatien, fee Rent, Refervation touching Jews and Mer^ 
 fhant Strangers, I f 
 
 Recorder of the City a Jufiice of Peace, i y 
 
 To declare the City CufioTus by vtrd of Mouth, \6, 29, rx?. 
 
 Recognizances forfeited, 27 
 
 Replevins, I44, 1^9, 170 
 
 Rtfoveritt pafs*d in the Huftuigs, » 7 ? 
 
 I ^ Scavagi 
 
The TABLE. 
 
 s. 
 
 SCavage granted, 3 1 
 
 Scot and Lot, 3 
 
 Sequejiration of Goods, 218, 8cc. 
 
 Sherif's to he chofe7t, 5 
 
 Sherijfs of London and Middlefex. 5, 7, 12 
 Sheriffs pnfentable and accountable in the Exchequer, 5 , 7 
 
 Sheriffs infohent, 5 
 
 Sheriffs avierced, 6, 7, 12 
 
 Sheriffs Offenders, hosv to be tried, 6, 7 
 Sheriffs to be attendant and aiding the Mayor, Recorder, and 
 
 Mdernnn, as Jufiices, 8cc. 1 6 
 
 Sheriffs-Court, 264 
 
 Sheriffs in Law but one, _ 272 
 
 Serjeants of London bearing Maces ^ 14 
 
 Signs to be hung out, 30 
 
 Sokes, 4 
 
 Soil of the Streets granted, 26 
 
 ■^ referv'd, 27 
 Soldiers or Men arnid from London, affixing the King in 
 
 Kent, not to he drawn into Example, 1 1 
 
 Southwajrk granted to the City, 14, 17, 20, 21 
 
 Southwark-iv«>, 21 
 
 ■ arrefling Felons andThieves there, J 8, 21 
 
 Southwark lury appearing in London, i 2 
 
 Southwark Inhabitants to be under the JurifdiBion of ths 
 
 Mayor of London, 2a 
 
 Spices Garbled, a 8 
 
 Stilyard Beam, 20 
 
 Stafle of Wool 18 
 
 St. PaulV Liberty, 9 
 
 St. Martins le Grand, 14 
 
 St. Bartholomew Great and Little, 34 
 
 Smithfield gra7ited, ' 27 
 
 Summons, Attachment, and uirrefl, 2 1 
 
 Si»earing not to be upon the Graves of the Dead, I o 
 
 T. 
 
 ^ir^Enures, 
 1 Toll, 
 
 ro 
 
 4>r» 8,9, 10 
 
 Gutheri-Hg of Tolls, 
 
 I? 
 
 Tower, the K:tpcr thereof, 
 
 5,6,8 
 
 Confiable thereof. 
 
 II 
 
 K8t to ^rrefi Boats bringing^ Victuals, 
 
 13 
 
 l 
 
 To 
 
The TABLE. 
 
 ■? To exicute Procejfet in and agamft the City, 5^ 
 
 i Trenf^re Trove Waifs Eftrays. 2J, iP 
 
 n I. 
 
 vv. .^ 
 
 WAggoner and Carrier, day given thfm; 432 
 
 Wager of Battail, 3. 5,8 
 
 0/ Law, XI 4, 145 
 
 IVaifes and Ejirays, ScC granted, 2I) ^5 
 
 Warren of Staines granted, 9 
 
 Warrant of Attorney for Vouchees, IT 7 
 
 Waji, Affion thereupon in hondon, i8z 
 
 ■ A fpecial CcrmniJJion of E'-rors, 1 8 j 
 
 -~— — Jury to have tpjc vte-w, ibid. 
 
 ' - Particular WaBe found, , ibid. 
 
 — No Cofts of Suit, &c. 184 
 
 — Error therein helped i^' Sr^f. Jeofails, l8y 
 
 Watches in London, the Ordsr^ 82, 83, &:c. 
 Water-Bailiff] his Duty, I4<5 
 Watermen, &c. on the River of T\va.mQS, 387 
 *■ - their Rates, 390, See. 
 their Order againB immodeii ayid lenod Exprefjionr 
 
 upon the River by Watermen,$ic.and their ylpprentices ,'i97 
 
 Weavers, f 
 Weights and Weighing, i\, 15,18, 20, 2 5 
 
 Weights and Meafures inquired of , 26, 134 
 
 Widows of Freemen to u(e j^rtSy ] 28 
 
 Witnefles examiTied in perpetuum rei memorlanj, 1^$ 
 
 Where Freemen may be WitJieffcsy 1 45 
 WitfieJJes examined in Sherijfs-Court, when cannot Jlay in 
 
 Town, 2(5j 
 
 Will of a Freeman, concernivg it, I j y 
 
 Probate in London, hov to be, I y^ 
 
 Women, Cufloms concerning them, 111,124 
 
 Words fpoken of them, 1 2 j 
 
 Writs, the Execution thereof, i j 
 
 "-^ how direBedy ijS 
 
 Writ oj Gavelet, 3 3 , 1 55 
 
 ■ — of Ex gravi Querela, i5j 
 
 of Dower J ibid, 
 
 . of Wafte, ,67 
 
 ' 0/ Error y ,5g 
 
 " of Replegiare, ^ ,59 
 
 • dc Partitione faciend. 1 74 
 
 Words 
 
The T A B L E. 
 
 Words cxplain'd, &a 
 
 BRidtol, 4, 8. 
 Child'whitey ibid. 
 Corody^ 2J 
 Vamgullty % 
 Deodandy 21 
 Franckpledge, 1 8 
 Folkmotiy 4 
 
 Gavektt, 5 ; I 
 
 HalmotCy 408 
 Jerefgive, 4, 8 
 
 Jnfangtheft, 12 
 
 Le/?^^e, 4, f , 8. 
 
 Misheningy 4,8,10* 
 
 Murage, il. 
 
 Outfangtheft, 12. 
 
 Tann^e, 1 1. 
 
 P<3f/7%e, 4. • 
 
 Ticcage, 22, 
 
 Tontage, li. 
 
 Tortfokert, 10 
 
 Typowder, 17. 
 
 Scotale, 4> 8. 
 
 Stallage, 22. 
 
 5o^e, 4. 
 Taillage, i;. 
 Tronage, if, 18, 2o, 
 Withtrnam, 10, 
 
 A TA- 
 
TABLE 
 
 OF T HE ^ 
 
 Statute Law relating to the 
 City of London. 
 
 ADmtnifiratorSf 444 
 
 Aliens. ibid. 
 
 Apothecaries, ibid. 
 
 Attaints, 445 
 
 Boivyers, 44C 
 
 Brafs and Pewter, ibid. 
 
 Brokers, ibid* 
 
 Butchers, 446 
 
 Butter and Cheefe, 447 
 
 Bil!ingfgate-iW<?r4tff,' 448 
 
 Black wel-Hall-Af^ril^f, ibid; 
 
 Caf tains and Soldiers, 450 
 
 Churches, ibid. 
 
 Coaches, ibid« 
 
 C04/X5 ibid« 
 
 Cordwaimrs, Curriers, andTarmers, 4^1 
 
 Coopers, ibid- 
 
 Cufioms, ibid. 
 
 Damages, 4JI 
 
 Debt of ^0%, or undet, , ibid. 
 
 . Drapery, / ibid. 
 
 Fiww, 4J2 
 
 fz/fc <?«i Fifomongeti, ibid. 
 
 Francbifes, ibid. 
 
 F«e/, ibid. 
 
 Fletchers, 45-5 
 
 Fuflians, &C. ibid. 
 
 C'^f^"^* 4f? 
 
 Gcldjmiths, ibid. 
 
The TABLE. 
 
 'Uats and Haherdajljersy A$% 
 
 Haven of the River of Thames, ■ 4H 
 Highways, ibid. Vide Paving. 
 Juries , ^ - 4)4 
 
 London J more in f articular, 4^5" 
 
 Markets^, . ., 4^1 
 Mainprizai, ■ 4f^ 
 Merchants, ^^^^' 
 Voliciesof Ajfurance relating to Merchants, 46; 
 
 I!4ilitia, 464 
 
 Monopolies, ^bid. 
 
 Orphans, 4^4 
 
 ditand Oilmen, 'Did. 
 
 Tainters and Vlaifierers, 4^ J 
 taving Streets, &c. ibid. 5f« Highways. 
 
 Ttetitions, A^f 
 
 thyfmans, &:c. l^ld. 
 
 "Bqaf People and Prifoners, ibid. 
 
 t^^ccgnizuinces , 4°7 
 
 isilMro-wers, ^^^^• 
 
 Smichfield ik/^r^^r, 449 
 
 South walk Buildings, *t)id. 
 &e//. Vide Highways and Paving, 
 
 faxhy^ 46 S 
 
 7mhage, ^ ibid, 
 
 ISalt-Tax. . it)i^- 
 
 v^i^r^x', ^' jbid. 
 
 7r(7^e and Commerce, *hid. 
 
 Trading gvd Inland fi I !h 4^9 
 
 Voucher, \ 47^ 
 
 Jj^'^^er 0/ L<»w, \ ibid. 
 
 Watermen, ibid. 
 
 Weights and Ad^^fures} '' ibid, 
 ^iw/, ibid. tf«'/47i> 472 
 
 The End of ti. Table. 
 
^