THE CITY LAW, SHEWING The Customes, Franchises, Liberties, Pri­viledges, and Immunities of the famous CITY of LONDON. Together with the Names, Natures, Kinds, Juris­dictions, Powers, and Proceedings of the severall Courts within the same: AS ALSO The Titles, Qualities, Advantages, and Profits of the severall Officers, and Offices in London: And in whose dispose those Offices are. Necessary to be known to all Merchants, Citizens, Tradesmen, and others.

LONDON, Printed by T. R. for Timothy Twyford, and are to be sold at his Shop within the Inner-Temple Gate, 1658.

TO THE READER.

ALthough the Antiquity, Ho­nour, and Dignity, of the Famous City of London is knowne to all Nations; Yet the Courts, Customes, Ʋsages, Franchises, Li­berties, & Immunities thereof have beene only within the cognizance of the learned Counsellors, & some par­ticular Officers of the same City. And the books & Records wherein the same do lye dispersedly, being many and very ancient, and privately kept in the City Libraries & Recordhouses & all men can not have accesse there­unto, but some of the City Counsel­lors having carefully and Judiciously perused those books and collected the same Customes, Priviledges, and Immunities, with the manner of the pleadings in the City Courts and [Page]digested and disposed the same into a good order and method; and it be­ing conceived that the same are of generall use and cencernment, and fit to be knowne by all Merchants, Tradesmen, and others; trading in and about London, and to all Coun­sellors, Attornies, and Solicitors, that practice there: The same are hereby made publique for their In­formation, direction, and satisfac­tion.

An Alphabeticall. TABLE OF The principall Matters contained in this BOOKE

A
  • ARrest on the Thames, without a Ser­geant, pag. 20.105.
  • Aldermen not to be impannelled. 33.
  • Acquittances alleadged to be in foraigne Parts. 93.
  • Action of account. 103.
  • Amerciaments. 106.
  • Of Iurors. 108.
  • Of Attornies. 109.
B
  • Burgage, City held in Burgage. 6.
  • Bill, no Marchandizes to pass without bil. 32.
  • Beadels Office. 58.
C
  • Cornehill, Tonne there. 22.
  • Citizens may bequeath their Tenement. 63.
  • Contribution by obligees. 81.
  • Custome, What Custome discussible by [Page]Mayor and Aldermen. 94.
  • Custome to buy and sell in publike places. 110.
D
  • Debt: Actions of Debt. 3.
  • Debt: Pleas of Debt. 3.
  • Devise: Who may devise. 7.
  • To wife only for terme of life. ibi.
  • Discontinuances: No discontinuances within the City of Assizes. 67.
  • Debtor arrested before the day, &c. 104.
E
  • Election of the Mayor. 28.
  • Sheriffs. 31.
  • Aldermen. 33.
  • Common Officers. 34
  • Beadles. 34.
  • Porters of the Gates. 34.
  • Wardens of London Bridg, &c. 34.
  • Chamberlaine, &c. 35.
  • Eyre at the Towre. 37.
  • Enquests Fapingdam. 53.
  • Exigents. 59.
  • Execution of goods and body. 107.
F
  • Freebant, due to Widdowes. 17.
  • Fee: Mayors fee at Kings Coronation. 23.
  • Forraigne attachment. 81.
  • [Page] Forraigne matters pleaded out of the City. 87
  • Fugitive Citizens. 93
G
  • Goods fixed. 41
H
  • Houses in the City decayed. 26.
  • Hustings: What pleadable there. 42.
  • House-hire. 79
L
  • Landlords. 106.
M
  • Ministers of the City. 2.
  • Malefactors to come before the Mayor. &c. 5.
  • Mayors Sword. 31.
N
  • Nusances: Assizes of Nusances. 4.
O
  • Ordinances penall made by the Mayor and Aldermen. 4.
  • Orphans. 10.
  • Marriage. 12.
  • Of Obligations. 89.
P
  • Processe, and abreviating thereof. 5.
  • Prisoners condemned. 21.
  • Penthouses. 27.
  • Proof in forraigne attachments. 85
  • [Page] [...]acitum captionis & detentionis. 93.
R
  • Recognizances: Of Recognizances, and executions thereupon, 3.
  • Retaile: Forreigners may not retayle. 13.
  • Replegiarie. 55
  • Removing of plaints. 104.
S
  • Southwarke, the Stewes there. 25.
  • Summons of Iurors. 43.
  • Of Aldermen. 59.
  • Scire fac.
  • Sheriffs Courts. 86.
T
  • Testament nuncupative. 8.
  • Defective, effectuall. 8.
  • Rent thereby devised. 8.
  • Traspasse by, and to the wife. 79 80.
V
  • Vouching to warranty. 47.
W
  • Writ of Error. 14.
  • Wager of Law by a Freeman. 77.
  • Warning to the Landlords. 106.
  • Wither nam. 22.

THE ANCIENT CUSTOMS AND Approved Ʋsages of the Honourable CITY OF LONDON.

THE Mayors Court is held by custome of the City before the Mayor and Alder­men that are for the time, in the Cham­ber of Guild Hall, or in the Hast­ings, from day to day at their will. There are treated, determined, and discussed, the pleas and matters [Page 2]touching Orphans, Apprentices, and other businesse of the same City; And there also are redressed and cor­rected the defaults and misprisons of such things which are against the Customes and Ordinances of the City, as well at the suite of the par­ty, as by enquest of office and in o­ther manner by suggestion, accor­ding as the cases demand And there they use to order the Bakers, Brew­ers, Victuallers, and Tradesmen, and to treat and ordaine for the Govern­ment of the City, and for mainte­nance of the peace of our Soveraign Lord the King, and other points ne­cessary concerning the said City, by their discretion, and according to that the time requires.

Item, Of the Mini­sters of the Ci­ty. the Officers and Ministers of the said City, being found in de­fault, are justifiable before the Mayor and Aldermen, as well at the suite of the parties, by processe made, as in other manner, according to the said Mayor and Aldermens discretion.

Item, Of Actions of Debt. the said Mayor and Alder­men have used there also to hold and determine pleas of Debt and ac­tions personall whatsoever by bill: aswell between Merchants and Mer­chants, for merchandize, as between others that will take them by proces made against the parties.

Item, the Mayor and Aldermen, Of recognisan­ces and execu­tions thereup­on. or the Mayor and Chamberlain of the City, may take before them in the said chamber a Recognizance of Debt of all such as will make any, and of what sums soever; And if the day of payment be incurred, then he to whom the Recognizance is made, out of this Record, shall have execu­tion of all the goods of the Debtor, and the moity of all the Tenements within the said city by extent: and at a certain rate according to the course of the common Law, Of pleas of Debt. Stat. of Smith­field.

Item pleas of Debt, according to the Ordinance, called The Statute of Smithfield, are determinable onely before the Mayor and Aldermen, ac­cording to that which is more fully [Page 4]contained in the Ordinance thereof made.

Item, Of Assizes of Nusances. the Assizes of Nusance are determinable by bill before the Mayor and Aldermen, which bill shall be served by the Sheriffes, And the parties shall be summoned on the Wednesday against the Fryday, and then the Mayor and Aldermen ought to proceed in plea, according as is contained in the Ordinance of assize, of Nusance in the said City.

Item, Of making of Ordinances. the Mayor and Aldermen have alwayes used to make penall Ordinances upon victuals, and for other the government of the said City and of the peace, according to their discretion and advice, and to proclaime the same Ordinance with­in the said City openly for to be held & kept in the name of our Soveraign Lord the King, and of the City, up­on pain thereof ordained, and the same paines to levy of all such as do against the Ordinances aforesaid, &c.

Item, Of Male-fac­tors. the Mayor and Aldermen have alwayes used to cause to come before them the Malefactors which have been taken and arrested within the said City, for carrying of tales, and spreading abroad of newes im­agined in disturbance of the peace, makers and counterfeiters of falle Seales, false Charters, and for other notorious defects, and those which they have found culpable of such mis­deeds by confession of the parties, or by enquest thereof made, shall be punished by setting in the pillory, or further chastised by imprisonment, according to their merit, and accor­ding to the reasonable discretion of the said Mayor and Aldermen.

Item, Of change of proces, and ab­breviating of delayes. the Mayor and Aldermen may by usage of the said City change proces, and abridge delayes in ac­tions personal, as well before them­selves, and in the Sheriffes Court: and make new Ordinances such personal pleas, the which Ordinances they conceive to be reasonable & profita­ble to the people.

Item, That the City of London is held of our Sove­raign Lord the King in free burgage. it is to be understood that all the city of London is held of our Lord the King in free burgage, and without mesne: And all the Lands and Tenements, Rents and services within the said city and the Suburbs thereof, as well in rendition, as in de­measne, are devisable by usage of the said city: So that men and women by usage of the said city, may devise their tenements, rents, and reversi­ons within the said City, and Suburbs thereof, to whom they will, and of what estate they will, And may also devise a new rent to rise from their tenements, in manner as they like best, And those which are free-men of the same City, may devise their tenements in mortmain, as appear­eth by the Charter of the king there­of made.

Item, That infants within age, nor woman covert qaron, may not dewise. He that holdeth tenements with others, may devise that which to him helongeth without more adoe. But Infants within age may not make a devise, nor women covert may not devise their tenements by license of [Page 7]their husbands, nor in other manner during the coverture.

Item, That a man cannot devise. his tenements to his wife, but for terme of life. the husband may not devise his tenements to his wife for a higher estate then for terme of life, and the wife cannot claime other estate, up­on pain to lofe the whole. Neither may the husband devise the tene­ments descended to his wife, nor the tenements which the husband and the wife have joyntly purchased. But if the husband and the wife have tenements joyntly to them and to the heirs of the husband, the hus­band may devise the reversion. All testaments by which any tenements be devised, may be inrolled in the Hastings of Record, at the suite of any which may take advantage by the same testaments. And the resta­ments which ought so to be enrolled shall be brought before the Mayor and Aldermen in full Hasting, and there shall the said testaments be proclaimed by the Serjeant, and the same also to be proved by two dis­creet men well known, the which [Page 8]shall be sworn and, examined of all the circumstances of the said Testa­ments and of the estate of the Testa­tor, and of his seale, and if the proofe be found good and loyall and agree­able, then shall the said Tastament be inrolled in the same hastings of record, and the Fee shall be payed for the enrolment, and no Testa­ment nuncupative nor other Testa­ments may be inrolled of record ex­cept that the seale of the Testator be put to the same Tastament. Testaments Nuncupative But the Testaments that may be found good and loyall are effectuall, although they be not enrolled, nor of record.

Item, Of testaments defective, yet effectuall. The testament within the said City ought by custome of the same City, to be adjudged effectuall, and executory, having regard to the Testators wills, although that the words of such testaments be defect­ive, and not according to the com­mon Law.

Item, Of Rent devi­sed by testa­ment. where a reversion or rent be devised by testaments enrolled of record in the Hastings, the same re­versions [Page 9]and rents Passe presently after the death of the Testator; so as those to whome such rents be de­vised, may distreine for their rents and make avoury, and those in re­version may sue a Writ of waste at their will without other attourn­ment of the Tenants. And they may plead for the same enrolments if need be, although they have not the saidtestaments in hand, and the same Custome holdeth place of Charters, Indentures, and other writings inro­led in Hastings of REcord, and such inrolements have alwaies beene used; so that the testaments be proclaimed and proved in full Hastings as afore­said. And the Charters, Indentures, and other writings ensealed may be accepted. And the conusances and confessions of women, have beene re­ceived before the Mayor and one Alderman, or before the Recorder and one Alderman, or before two Aldermen for necessity, as well out of the Court, as in. So that the same Charters, Indentures & other Wri­tings [Page 10]so acknowledged, be after en­tred and enrolled in some of the Ha­sting sand the Fees thereof paid, as the manner is.

Item, Rent devised without clause of distress. where a man hath devised by his Testament, enrolled, a certaine Rent to arise out of his Tenements within the said City, without clause of distresse: yet by usage of the City he to whome the devise is made may distraine, and avow the taking if the rent be behind. And in the same manner shall be done, of all ancient rents, called Quit rents, within the same City.

Item, Of Orphans. The Mayor and Aldermen that are for the time, by custome of the City, shall have the Wardship and Marriages of all the Orphans of the said City, after the death of their Ancestours, although the same An­cestors do hold to them, and the City, of any other Lord, by what service soever.

And the same Mayor and Alder­ought to enquire of all the Lands and Tenements, Goods end Chattles, [Page 11]within the said City, appertaining to such Orphans, and safely keep them to the use and profit of such Orphans, or otherwise commit the same Orphans, together with their Lands and Tenements Goods and Chattles to other their friends by sufficient Surety found of record in the Chamber of Guild Hall, to maintaine conveniently the said Or­phans during their nonage, & their Lands and Tenements to repayre, & the said Goods and Chattles safely to keep: and thereof to render a good and loyall accompt before the said Mayor & Aldermen, to the pro­fit of the same Infants when they shall come to their age, or when they shall be put to a mystery, or shall marry by the advice of the said Major and Aldermen.

And that in all cases, except that it be otherwise ordaind and disposed for the same Orphans, or for their Lands and Tenements, Goods and Chattles, by expresse words, contai­ned in the Testaments of their An­cestors.

And no such Orphans ought to be marryed without the assent of the said Mayor and Aldermen. To marry by the assent of the Mayor. And also where Lands or Tenements, Goods and Chattles within the said City, are divised to an Infant within age, of one City, or of the same City, living his Father, that such an Infant, is no Orphan: yet by usage of the said City, the said Lands and Tene­ments, Goods and Chattles, shall be in the custody of the Mayor and Al­dermen, aswell as of the Orphans to maintaine and keep them to the use and profit of the same Infant: except that the Father of the infant or some other of his friends, will find sufficient surety of record to main­taine and keep the said Lands and Tenements, Goods and Chattles, to the use and profit of the said In­fant: and thereof to render a good and loyall accompt, as is aforesaid.

And it is to be understood, That the goods of the testator shall be parted into three parts that where a Cityzen of the same City hath a wife and children, and dyes: all the goods and chattles of the said [Page 13]party deceased, after his debts be paid, shall be divided into three parts: whereof one shall remaine to the dead, and shall be destributed for his Souls benefit: and the other part, shall be to his wife: and the third part to his children, to be equally shared betweene them: notwith­standing any Will made to the con­trary.

And therefore as well the wife, as the children, may have their recove­ry and suit to demand such goods and chattles against the Executors or other Possessors of the said goods and chattles, before the said Mayor and Aldermen by Bill.

Item, By ancient custome of the said City, That No For­reigner shall sel Victual, or o­ther Marchan­dize, to any o­ther forreigner by retayle. it was not lawfull for any Stranger or Forreigner, to sell vic­tuall, nor other Marchandize, to any other Stranger or Forreigner within the same City, to sell again: nor for any such Stranger or Forreig­ner to sell victuall, or other Mer­chandize within the City by retayle.

Item, By ancient custome of the [Page 14]said City of London, the Citizens, Mi­nisters of the same City, ought to obey no Commandement, nor no Seale, but only the commands, and immediate Seale of our Lord the King: Nor ought any Officer of our Lord the King to make seisure, or any execution within the said City, nor within the Franchize thereof by Land, or by Water, but onely the of­ficers of the said City.

Item, Of a Writ of Errour. Of Judgements given in the Sheriffs Court in actions personall, or in Assizes taken before the She­riffs, and Coroner by custome of the said City; the parties against whom such Judgments are given, may sue a writ of Errour, directed to the May­or and Sheriffes, to reverse the said Judgment in the Hasting, if the Judg­ment be reversible.

And although such judgments be affirmed in the Hasting, yet the same party may sue another Writ of Er­rour directed to the Mayor and She­riffes, to cause to bring the Record and Proces before the Justices assign­ed, [Page 15]at St. Martins the Great, as it hath been done heretofore.

But if any party, by such judgment given before the said Sheriffs, be con­vict in debt or in dammage; and for that cause be committed to prison, untill he hath made agreement, and after pursue a Writ of Errour to re­verse the judgment in the Hasting: or, although the Judgment be affir­med at the Hasting, & the said par­ties will sue another Writ of Errour to reverse the same Judgment before the Justices assigned at St. Martins the great, as afore is said: Yet not. withstanding, the same party which is so imprisoned, ought not to be deli­vered out of prison hy ancient cus­tome of the City, by reason of such a Writ of Errour, before that he hath found sufficient surety within the said City, or put the money in the hands of the Court, to pay him that shall recover, or in case that the said Judgment be afterward affir­med.

And in case that such a Writ of [Page 16]Errour be sued to reverse any Judg­ment given in Hasting before the Justices assigned at St. Martins the Great, and it be commanded by Writ to warn the parties, and to cause them to bring the Record and Proces before the same Justices, then shall the parties be warned as the Law requires.

But no Record shall be brought before the said Justices in writing by custome of the City: but the May­or and Aldermen shall have forty dayes respit assigned by the same Jus­tices after their first Session, there to be advised of the said Record, & of the Proces thereof: and at first Sessi­on of the Justices, after the forty dayes the said record and processe shall be recorded before the same Justices, by the mouth of the Recorder of the said City or tenus.

And of Judgments given before the Mayor and Aldermen in the Chamber of Guild-Hall; according to the Law of Merchants, no Errour was ever writ to be sued.

Item, By ancient custome of the City, all the Liberties, Priviledges, and other Customes pertaining to the same City, ought to be recorded by mouth, without being put in any other manner in writing.

Item, The Citizens of London by custome of the City, ought not to go out of the City, by writ, or other manner, to passe in any Enquest.

Item, Of not putting Citizens in En­quest out of the city. Wives after the death of their husbands, by custome of the City, shall have their free bankes: that is to say, the wife after the death of her husband, shall have of the te­nement within the City, whereof her husband dyed seised in fee, and in which tenement the said husband and she were remaining together at the time of the death of her husband, the Hall, the principall chamber, and the celler, wholly: and her easement in the Kitchin, the chiefe table and curtilage in common, or other ne­cessaries to her appertaining for terme of her life.

And at what houre that she shall [Page 18]marry, she shall lose the free bank, and her dower thereof, saving to her the dower of her other tenements, as the Law requires.

Item, Every Free-man using a Mystery may by usage of the same City, take an Apprentice to serve him, and to learne his Art and Mys­tery: and that by Indentures that shall be made between him and his said Apprentice.

The which Indentures shall be examined and enrolled of record be­fore the Chamberlaine of Guild­Hall. And such Apprentice may bind himselfe, or his friends may put him to his Master by their Inden­tures, if he be of convenient age, ac­cording to the discretion of the Chamberlain, or of the Mayor and Aldermen, if need be.

And no Apprentice by custome of the City may be put for lesse terme then 7. yeares: and the Indentures ought to be enrolled within one year after the making thereof under a cer­tain pain therefore limited: and after [Page 19]such Apprentice hath well and loy­ally served his terme, he shall be a Free man of the City without other redemption, where no other may come to the freedome without re­demption, save such that are born within the said City, of what Coun­trey soever they be, of the allegian­ce of our Lord the King, by usage of the said City, are also Free-men by their Mystery having regard to the priviledges of the Franchise, as such as have been Apprentice, or other­wise have come to the Freedome by redemption.

And women covert that use cer­tain crafts within the City by them­selves without their husbands, may take women to their Apprentices, for to serve them, & learne their Crafts.

And the which Apprentices shall be bound by their Indentures Ap­prentices to the husband and his wife, to learn the Mystery of the wife, as is aforesaid. And such Inden­tures shall be enrolled, as well of women, as of men.

And it is to be understood, that every one having such apprentice, may sell and devise his said apprentice unto whom he will of the same Art, as is chattell.

Item, To arrest on the River of Thames. The River of the Thames doth serve as the bounds of the Franchise of the City, for part and parcell of the City: and the same River, and all appertaining to the said River, being within the said Franchise, hath been alwayes in the government of the same City, as parcell of the City aforesaid: aswe I the one part of the River, as the other.

And the Sheriffes of London that are for the time being, have alwayes used to make arrests, and serve exe­cutions at the suit of the parties, in the said River of Thames, viz. from the East part of London Bridge, un­till the return: and from the West part of the said London Bridge unto Stanes Bridge.

Item, The said Sheriffes of London [Page 21]ought by usage of the City co have forfeitures of the chattels of all kind of Fugitives and Fellons and of Der­dans within the said City, and the said River of Thames, in ayde of their Farme which they pay yearly to our Soveraigne Lord the King.

Item, By custome of the City, no attaint is maintainable, nor lyeth within the same City.

Item, By ancient custome of the City no man remaining within the same City, was wont to be taken or carryed out of the said City, by co­lour or claime of villenage, before that the matter was discussed by course of Law.

Item, if a Free-man of the said City, comming or passing with his merchandize else-where out of the same city, be constrained to pay Toll, or other custome, or that his Wares be arrested, or stayed wrongfully and without reasonable cause, and that it be sufficiently witnessed by men of credit: then, if afterward; the goods or Marchandizes, of him [Page 22]that did the wrong, or the Goods or Merchandizes of others of the same Village where the wrong was done, be found within the City of London, the use is at the suggestion of the party to arrest such goods and mer­chandizes by the Ministers of the City and to detaine them in the name of Withernam, Withernam. untill agreement he made with the said Free man for the dammages which he hath sustain­ed by the cause, saving always rea­sonable to answer that party, as wel to the one party, as to the other,

Item, Of the Tonne in Cornhill. The Citizens of London of ancient time, ordained a house, cal­led the Tonne in Cornhill, To which house the Constables, Bedels, and other Officers and people of the City into the same, have used to bring and there for the time, to imprison the trespassers going in the night against the peace marryed men and women found in adultery, and Chaplains and others religious, found openly with common women, or with other mens wives in the night, in suspitious places, [Page 23]and after, to lead them before their Ordinaries.

Item, The City of London hath co­nusance of Plea by the Kings charter.

And there is a use, that no Free­man of the same city shall implead a­nother Free-man of the same city, otherwhere then in the same city, where he might have recovered within the said city, upon pain of lo­sing their Freedome.

Item, Of the Mayors fee at the Kings eoronation. He that is Mayor of London for the time, shall have a Golden Cup at the Coronation of every King. And also there are other priviledges pertaining to the said Mayor and City, at such coronation of the King, according to the ancient custome of the city.

Item. The use is, that the chiefe Butler of our Soveraigne Lord the King shall be the chiefe Coroner of the city of London: and the which Coroner hath used to make by Writ, a Substitute in his place, which Sub­stitute is called Coroner: and before whom the Indictment and Appeales [Page 24]are taken within the said city, before the two Sheriffes, and the Coroner joyntly.

Enquest taken upon the death of a man, upon the first sight of the bo­dy are chosen out of the four Wards next adjoyning, and summoned by the Bedels of the same Wards.

And all other enquests taken be­fore the Sheriffes Coroner joyntly, ought to be arrayed and summoned by the Sheriffes and their Officers.

Item, Heretofore where any Theife being in the Goal of Newgate, hath appealed another Theife, being in some other Goal that Theife remain­ing in the other Goal was wont to be sent for by Writ to the said Goale of Newgate, to answere to the said ap­peale, and to have his deliverance there.

And in the same manner, if a Theife being in another Gaole, hath appeal­ed another man abiding in the said Goale of Newgate, or any other of the said city the same appealor being in another Goale, shall be brought by Writ to the said Goale of New­gate, [Page 25]to maintaine his said appeale there: and no Theife being in the Goale of Newgate taken with the manner shall be carryed out of the said city to be at his deliverance, be­fore the Mayor of London, and other Justices assigned for the said Goale of Newgate.

Item, Southwarke. Because that the Village of Southwarke, and the Common Stewes, over the River of Thames, Common-pleas. are so neere to the said City of London, and that Thieves and other misdoers are often-times from thence comming and repairing, and often-times after their Theeveries and Fellonies com­mitted within the said City, flye and withdraw themselves out of the same City, unto the said Stewes, and to the said Village of Southwarke, within the Franchize there, being out of the power of the said City, where they abide and watch their times, to re­turn to do mischeif: Wheras the ministers of the same city have used at all times to pursue and search for such Thieves and Evill-doers at the [Page 26]said Stewes, and in the said Village of Southwarke, as well within the Fran­chife, as without, and to bring them to the said Goale of Newgate to at­tend their deliverance there before the Justices, as wel upon suspitions as at the suit of the party.

Item, Of Prisoners condemned. Where prisoners are condem­ned or arrested and committed with­in the said City, and be committed to prison at the parties suit, and after be sent for by a Writ to the Exchequer, or in other places of the King with their causes, the same prisoners after that they be delivered in the Kinge Court ought to be sent back againe to the said City to answer the parties, and attend their deliverance.

Item, Of houses de­cayed within the City. Those which have tene­ments within the said City, shall not be suffered to despoile or wast their own tenements, nor them to take down in disorderly sort, nor to the disgracing of the said city, except it be to amend or re-edifie the same.

And if any man shall do or begin to do it, he shall be restrained by the [Page 27]for the trespasse, according to the custome of the City.

Item, if Walls, Penthouses, Of Penthouses. Defects in tene­nements. or other tenements what soever within the said City, extending towards the high­wayes, be so rotten and feeble, that people dare not passe that way for the danger of their sudden fall: then after that testimony be given to the Mayor and Aldermen, by the Masons and Carpenters that are sworne to the said City, or it be found in the Wardmore that the perillis such then the same Mayor and Aldermen shall warne the party to whom the tene­ments belong to amend and redresse them as soon as he may well do the same. And if after such warning, the said tenements be not amended, nor begun to be amended within 40 dayes after: then shall the said tenements be amended and redressed at the costs of the same party.

And the said tenements shall re­maine in the hand of the said City, untill the costs, thereupon bestowed, be fully levyed, if the possessors of the [Page 28]Mayor and Aldermen, and punished said tenements, have no other tene­ments, nor goods, nor chattls within the City.

And if he hath other tenements, or goods, or chattels, within the City, the costs shall be levyed of his goods and chattels, or of his other tenements, if need be.

Item, What house soever that is found within the said City, or the Suburbs, to be covered with Reed, or with Shingle: he to whom the house belongs, shall pay to the Sheriffes that are for the time 40 s. and shall be made pull down the said covering

Item, if any house within the said City be on fire so that the flame of the fire be seen out of the house, the dweller in the house shall pay unto the said Sheriffs 40. Of. the election of the Mayor. s. at the first demand.

Item, The Mayor and Aldermen, and Sheriffes, and all other Officers and Ministers of the said City, are e­lected by the same City, viz. At the time when the Mayor shall be chosen the Commons of the said City shall [Page 29]by usage, be assembled at Guild haue and the same Commons shall make election of two wise men of the said City of the which, one shall be May­or: and the names of the said two prudent men, shall be reported before the Mayor and aldermen, that are then for the time, in the chamber of Guild-hall: and then one of the two shall be chosen Mayor, by the Mayor and Aldermen there, by way of lot. And the said Mayor so newly chosen, the morrow after the Feast of St. Si­mon and Jude shall be presented to the Barons of the Exchequer at West­minster, or in absence of the said Ba­rons, to the Constable of the Tower: and afterward shall be presented to the Lord our Kings owne person, ac­cording as it is contained in the Charter of the said City. And the said Mayor shall have the govern­ment of the same City, under our Lord the King, for the yeare following.

And the said Mayor shall have 50 Markes a Yeare, for the weighing of corn, and 50 markes in the time of [Page 30]peace, of the Merch. of Amiane, Cor­by and Neele, according to the ancient custom therof made. And every Mayor shall hold his generall Court at Guil­hall the Monday next after the Feast of Epiphany: And there shal be assem­bled all the Aldermen of the said City and all Constables, Scavangers, and Bedles, of the Wardmotes, held by the Aldermen: and the defaults found in the Wards, shall be enquired of and examined: And the Constables Scavangers, & Bedlles, shall besworne anew, to execute well and loyally their Office, for the time that they shall be Officers.

And the Mayor that is for the time, by custome of the said City for maintenance of the peace and tranquility within the same City, hath power to arrest and imprison the disturbers of the peace, and o­ther evill doers for resistances, ill speeches, and other defaults, accor­ding to his discretion, without being for the same empeached, or sued afterward,

Item, No Mayor shall be chosen within the said City, Of the fame. before he hath beene Sheriffe of the said City, by the space of a yeare before.

Item the Mayors of London which have bene for the time, Of the sword. have used to have their swords carried upright, be­fore them, within the said City, and without: without holding downe their swords in any mans prefence except in the presence of our Lord the King: and that sword is called the Kings sword.

Item, Of the election. Of the Sheriffs. the Sheriffes of London are chosen by usage of the said City on St. Matthewes day in Guild hall, viz. One shall be chosen by the Mayor or Guardian, that shall be for the time: and the other by the Com­mons: And the Sheriffes shall be af­terwards sworn within the said Guild-hall: and afterwards on the morrow of St. Michaels, shall be presented in the Exchequer, or to the Constable of the Charter of the said City.

And the said Sheriffes shall have [Page 32]free election of all their Officers and of their Farmers and Bayliffes as well within the said City, as in the county of Middlesex, and of the Goalers of the Goales, within the said City, at their will, and at their perill.

And the same Sheriffes pay and are accomptable yearly to the Exche­quer of our Lord the King, for the Farm of the said City, and of the county of middlesex, according to the forme of the said charter of the City And by reason of which Farme, the said Sheriffes ought to have the anci­ent prizes and customes of the Mer­chandizes coming within the City and going out: and forfeitures, fines and amerciaments, and all other commodities of ancient time belon­ging to their said Offices.

And no Merchant shall passe not of the said City, by Land, or water, by wagon, or cart, horse, or bridg, without a Bill given ensealed by the said Sheriffes. And those which are Forreigners ought to pay for their [Page 33]passage, according to the ancient custome.

Item The said Aldermen be chosen by the people of the same Wards; Of the election of Aldermen, and of their Offices. and the which Aldermen ought to hold their Wardmotes, as the cust­ome is, and survey and redresse the nusances and defaults in the same Wards: and shall take order concer­ning victuals, as else-where is decla­red more fully in the Articles of Ward­moats. And the Aldermen have po­wer by usage of the said city, to arrest mis-doers, and commit them to the enstody of the Sheriffes, untill they be examined, and delivered by the same Mayor, and the same Aldermen

Item, That Aldermen shall not be em­pannelled. An Alderman after that he hath been once made Alderman, or a Sheriffe after that he hath beene a Sheriffe shall not afterwards be em­pannelled, nor put in any Enquest within the same City, by usage of the said City. And of every Feoffment and Seisin delivered within the ward the Alderman of the Ward where [Page 34]the tenements are shall have his Fee for Seisin viz. 2. s. and his Bedell 6. d.

Item, The Aldermen [...]. s. the Beale 6. d. Of the election of common Offi­cers. All other common Officers of the aforesaid city as Recorder, Chamberlain, Wardens of the Bridg common Sergeants at Law, common Sergeants at Mace, common Clerke and Sergeant of the chamber, are chosen by the Mayor and Aldermen, and by the commons. Bedels elected by the Alder­med, and by the men of the ward. And the Be­dels are chosen by the Aldermen, and by those of the Ward, And all the gates of the city ought to be in the hands and government of the said city, except Bishops gate which gate belongs to the merchants of the Hans, Porters of the Gates chosen by men of the City. according to the forme of the composition. And the Porters of the said city are chosen by the same city.

Item, Touching the Keepers of London bridg. The Wardens, of London Bridge are chosen by the Mayor and Aldermen, and by the commons of the said City: The which Wardens have the charge of the said Bridge, and the governance of the Tene­ments [Page 35]within the said City, pertay­ning to the same Bridge. And every Cart or Wagon, going or coming upon the same Bridge with Mer­chandizes, shall pay to the use of the said Bridg, 2. d.

And every Ship or other Vessell with Merchandizes passing by water to the said Bridg, towards the West, Cart or Wagon th pay 2. d. with the Mast standing: so that the Bridge must be drawne up, shall pay for the passage to the use of the said Bridge two pence, Vessles West­minster 2. d. Vessels East­ward 6, d. and that Vessell passing there also toward the East shall pay six pence: and the same Wardens are every yeare acounta­ble before two Aldermen, and foure Commons thereto assigned.

Item The Chamberlaind of Guild hall chosen by the Mayor and Alder­men, and by the Commons: Of the election of the Chamber­lain and his Office. and it pertaineth to the Office of the said Chamberlaine to oversee and keep all the Books, Rolles Records, and other Monuments, & Remembran­ces, that there ought to remaine [Page 36]of Record, and the treasure, if there be any; and also to keep and main­tayne all the Rents and Tenements pertaining to the said chamber. Of the Rents belonging to the chamber. Of the tene­ments & goods of Orphans.

And he shall also keep the Tene­ments and the mony and the goods and chattles, which are devised or descended to Orphans: untill they be committed to other persons, nor otherwise disposed by the Mayor and Aldermen.

And he shall cause the Indentures of Apprentices to be enrolled, and he shall make those Apprentices to serve.

And for such as are made free by redemption, he shall set the Fines of such redemptions, and he shall take fines of such as are rebellious to their Masters or Guardians, and for cer­taine other defaults committed a­gainst the Ordinances of the City.

And the money therof coming, he shall receive and keep, & out thereof shall pay to divers Officers their wages as to the Recorder, common [Page 37]Sergeant at Mace, and shall make o­ther disbursments pertaining to his office, and shall render an accoumpt once in the yeare, how much he hath received, payd and spent: and that before two Aldermen and foure Commoners, assigned by the May or and Aldermen. Of priviled [...] in the circu [...] of the Justic [...] at the Tower of London.

And also the Cityzens of London heretofore have claimed and ought to have many liberties and priviledges in the Eyre at the Tower of London, viz. They ought to have their porter stand within the gates of the Tower and the porter of our Lord the King shall be within.

And their Usher at the Hall doore, without where the Pleas shall be held within the Tower, during all the Eyre, for the bringing in of the people of the City, which have to do in the same Eyre.

And the Usher of our Lord the King shall no otherwise meddle there, du­ring all the Eyre of that thing which appertaines to the Office of the Ser­geant. [Page 38] And that the Citizens shall make no other oath, but by the Faith they owe to our Lord the King.

And that the Sheriffes of London shall have the custody of all the pri­soners in all the Eyre. And that none of the said City of London, or in the Suburbs thereof except that the Plea be fore begun, in the Husting of Lon­don, and after be removed before the said Justice in Eyre, because that he which is impleaded doth vouch a Fo­reigner to warranty, who hath no­thing within the franchise of the said City, but by disseisons made in the said City, after the Summons of the Eyre.

And that the Pleas begun in the Court of London, and there depen­ding, ought there to be ended, and ought not to be sent or removed before the Justices of our Lord the King: except some matter be allea­ged by one of the parties, of which the court cannot hold conusance, nor hath power to determine thereof.

And their are many other points and priviledges, which will more ful­ly appear in sundry Eyres, holden at the said Tower of London.

And also, many other liberties, priviledges, and customes, are per­taining to the city of London: where­of no man can remember them all to set them down in writing, being on­ly recorded by mouth, when they came in truth by custome of the same city, viz at the last Eyre held at the Tower of London, they ought to be bound by the customes: where upon, the same Citizens did sue their Petition to the King, in these words: The Cities Pe­tition to the Kings.

HIGH and Mighty Lord: where­as your said City is founded upon the Franchises, and free ancient Cus­tomes, and not upon the common Law, as other Cities of your Realme. The city is found upon franchises and free ancient customes. More it is enacted by the Great Charter, That the city of London should enjoy all its Franchises and free customes unblemished and the same Franchises and customes, be to [Page 40]them by your Progenitors granted, and by your self confirmed: and they ever from time to time used in Eyres and else-where before the Justices, at what houre they doe come, in deed, or in demanding their Franchises and customes: and that by a Statute made after the last Eyre, and to put their franchises and customes in certain: which things, no man can remem­ber.

May it please your Majesty, to command all the said Justices, that they be ordered, in point of challenge of their said franchises and customes, as they were wont, anciently to be ordred in other Eyres before the Statute, and that by no Statute re­pugnant to their said franchises and customes, they be bound or deprived of their Franchises, and ancient cus­tomes: and thereupon a Writ was sent to the Justices to sur­cease.

Whereas in time past, A Writ to sur­case. there arose by some a matter of doubt, of, and upon the most ancient custome had [Page 41]and used in the city of London, An ancient custome in the city of London for tenants for fixing goods. of those things which by tenants for terme of life, or for yeares, were fixed to the houses, without speciall licence of the Lord of the Soyl, whether they should remaine to the Lords of the Soyle, as parcell of the same: or whe­ther it should be lawful for such Te­nants, at the end of their tearme, all such things that be fixed, to remove.

Whereupon, ancient Books being viewed, and many Records searched, and ancient proceedings, and Judg­ments of the said city: It was declar­ed by the Mayor and Aldermen, That by the old prescript custome of the aforesaid city, That every of the said kinds of easments fixed to hou­ses, or to the ground, by such kind of Tenants, without speciall and ex­presse licence of the Lord of the Soyle, if they be fixed with nailes of Iron, or of wood, as Pantises, Glasse, Locks, Benches, or such like: or if they be affixed with Lime or clay, com­monly called Morter, as Fornace, Lead, Candirons, Chimneyes, Cor­bels, [Page 42]Pavements, and such other: or else, if Plants they be rooted in the ground, as Vines, Trees, Orchards &c. It shall not be lawfull for such Tenants, at the end of there Termes or at any time, to pluck down, re­move, or root out them, or any part of the premises by any meanes, but they alwayes remain to the Lord of the Soyle, as parcell of the same Soyle or Tenements, Mustings. &c.

It is to be understood, that all the Lands and Tenements, Rents and Ser­vices within the city of London, and in the Suburbs thereof, are pleadable at Guild-Hall within the same city, in two Hustings: whereof the one Husting is called, Husting of Plea of Land; and the other Hasting is cal­led, Husting of Common-Pleas: And the which Hustings, are held in the said Guild-hall before the Mayor, Sheriffes, and Aldermen of the said city every weeke, the dayes Munday and Tuesday, viz. On the Munday to demand the demaudauts, and to award nonsuites, to allow essoynes, [Page 43]and the Tuesday to award the de­fault, and to plead. Writs of right Pattents.

But for certaine times, no Hastings may be held by the custome of the city afore said, viz. Husting of plea of Land, ought to be held a week by it selfe at the aforesaid dayes. But, the enrolments and titles of the said Hust­ings, make mention of Munday only.

Writs of Right Pattents.

In Husting of Plea of Land are plead­ed Writs of Right, Pattents directed to the Mayor and Sheriffes of London, which Writs have this processe by custome of the city, viz, The Tenant or Tenants shall first have three summons at the cenements demanded at three Hustings of Plev of Land next ensuing after the livery of the Writ, and of the Hustings without demanding the tenements at any aforesaid.

And after the three summons en­ded, three essoynes at three other Hustings of Plea of Land then next ensuing; and at the next ensuing af­ter the third essoyne, and the Tenants making default, processe shall be [Page 44]made against them by a grand cape, or petit cape, after the appearance, and other processe at the common law.

And if the Tenants shall appeare the demandants shall count a­gainst the Tenants, in the nature of what Writ they will, except certain Writs which are pleadable in Husting of common-Pleas, as shall be declar­ed afterward, without making pro­testation to see in the nature of any writ.

And the Tenants shall have the view, and shall be essoyned after the view, as at the common-law. And the Tenant shall have an essoyne af­ter every appearance by custome of the City.

And although that such a writ be abated after the view by exception of joint-tenancie, or other exception dilatory, and other such Writ be re­vived, the tenants by the custome of the City, shall have the view in the second Writ: notwithstanding the view before had. And if the parties plead to judgment, the judgment [Page 45]shall be pronounced by their Recor­ders mouth, and six Aldermen were wont to be present, at the least, at the giving of every such judgment.

And every Bedell of the City, by the advice of his Aldermen, The Jurors summoned. against every Hustings of Plea of Land, shall summon 12. men Free-holders, be­ing the best and most sufficient of his Ward, to come to Guild hall, for to passe in an Enquest, if there be need, for the rest of the free-holders in the said Ward. And if the parties plead and discend to an Enquest, then shall the Enquest be taken of the peo­ple inheritors, haveing at the least frankten ement of the same Ward where the Tenements are, and other three wards next to the place where the Tenements are: so that foure sufficient men of the same Ward, where the Tenements are, shall be sworne in the same Enquest, if there be so many.

And no dammages by custome of the City are recoverable in any such Writ of Right Pattent. And the [Page 46]Enquest may passe the same day by such common summons of the Bea­dell, if the parties be at issue, and the Jurors come.

And otherwise, processe shall be made to cause the Enquest to come at another Hasting of Plea of Land ensuing, by precept of the Mayor, directed to the Sheriffes:

And the Sheriffes shall be mini­sters by the commandement of the Mayor to serve the writs, and to make execution thereof: Notwith­standing that the originall writ be di­rected to the Mayor and Sheriffes joyntly. And it is to be understood, that as well the Tenants as the De­mandants may make their Attornies in such Pleas.

And if the Demandants count against those Tenants in the nature of a Writ of right, and the parties dis­cend to an enquest upon the meere­right, then shall the enquest be taken of 34. in the nature of a grand assize, according as the custome requires: so that alwayes six be of the Ward, [Page 47]where the Tenements be, if there be so many of the same ward empannelled in the Enquest of 24. Vouching to warranty.

And the Tenants in all such writs may vouch to warranty within the said City; and also in a forreign county, if the Vouches haue no tenements within the City. And if the Te­nants in such writs do vouch to war­ranty in a forreign County, in which case processe may not be made against the vouches by law of the said City, then the Record shall be made come before the Justices of the Common-Pleas, at the suit of the Demandant, and there processe shall be made a­gainst the vouchee: and when the voucher shall be ended in the said Bench, then shall all the plea be sent back again to the Hasting, there to proceed, in the plea, according to the custome of the City, and according to that which is fully contained in certain Statutes.

And also if the Tenants in such writs plead in barre by a release, [Page 48]bearing date in a forraign County, or plead other forraign matter, which may not be tryed within the said City: then the Demandant shall bring the processe into the Kings Bench for to try the said matter, as it is alledged, and according as it is found, the plea shall be sent backe a­gaine into the Husting, there further to proceed according as the case re­quires, and all the same time, the plea shall cease in the Husting in manner as it is done at this day.

And also, it hath been used hereto­fore, that a man might sue in the Husting of plea of Lands, for to have Execution out of certain Judgments given in the Husting and that by Bill, in the nature of a scire face, without Writ.

And it is to be understood, that the summons which are made to the tenants, in such writs of Right, may be made two or three dayes, be­fore the said Husting, or the morrow next before the said Husting.

In the Hustings of Common-pleas are pleadable Writs, Awrit of ex­gravi qurelea called Ex gravi querela, for to have execution of the tenements out of the Testa­ments, which are inrolled in the Hu­stings. Writs of Dower, unde nihil habet. Writs of Gravelkind of cus­tome, and of service, instead of a Ces­savit. Writs of Error of Judgments given before the Sheriffes Writs of waste Writ, de partitione facienda be­tweene Coparteners, Writs of quid juris clamat and per quae servitia, and others: The which Writs are close, and directed to the Mayor and She­riffes; And also Replegiaries of things taken, & of distresses wrong­fully taken, are pleadable before the Mayor and Sheriffes, in the same Husting of Common-pleas, by plaint without writ.

And it is to be understood, that the same Sheriffes are ministers to execute the office, and serve all the Writs and Replegiaries, by a precept of the Mayor directed to the said [Page 50]Sheriffes; and the processe is after this manner.

First in a Writ of ex gravi querela warning shall be given to the tenants viz. two or three dayes before the Husting, or in the morning before, as in a Plea of Land, and so shall be done of all other summons touching the same Husting.

And if the warning be given and testified by the Sheriff or his Mini­sters, the tenants may be essoyned once; and if the tenants make default at the said warning testified, then shall the grand Cape be awarded: if they appeare, they may be essoyned after the view: and thereupon all other processe shall be made fully, as is said in a Writ of Right Patent in the Hustings of the Pleas of Land.

Item, In a Writ of Dower, unde nihil habet, the Tenants shall have at the beginning three Summons, and one essoyne after the three Sum­mons, and afterwards shall have the view: and after the view one es­soyne: and the tenants in such a [Page 51]Writ of Dower shall have the view, although they enter by the same husband of the Demandant: and al­so notwithstanding the husband died seized.

And also the Tenants may vouch to warranty, and be essoyned after every appearance: and also other processe shall be made as in a writ of right, in the Husting of Plea of Land.

And if the Demandant recover Dower against the Tenants by de­fault, or by Judgment in Law, in such a Writ of Dower: and the same wo­man demandant shall alleadge in Court of Record, that her husband died seized; then the Mayor shall give commandement to the Sheriffes by precept, that they summon an Enquest of Neighbors, where the Tenements are, against the next Hust­ing of Common-pleas, to enquire if the husband died seized, and of the value of the tenements, and the dammages shall be enquired of by the same Enquest.

Item, In a Writ of Gravillete the tenants shall have three summons and three essoines, they shall also have the view, they may vouch to warranty, Denizen, and Forreigner, and they shall be essoyned, and they must enter their exceptions; and all other processe shall be made, as be­fore is declared in a writ of Right, in the Husting of Plea of Land; sav­ing, if the tenant make default, then the demandant shall have Judgment to recover and hold for a yeare and a day upon this condition, that the te­nant may come within the same year and day next ensuing, and agree for the arrearages, and finde Surety, as the Court shall award to pay the Rent within the services loyally after ward & to have againe his tenements.

And within which yeare and day, the tenant may come and cause the demandant come in Court by a Scire fac. Ascire face brought by the tenants with in the yeare and day and have again his tenements, doing as is aforesaid.

Then after the yeare and day, the demandant shall have a Scire fac [Page 53]against the tenant to come and an­swer if he can any thing say, A sctre fac brought by the demandant af­ter the yeare & day where­fore the said demandant ought not to held the tenements quietly to him and his heires for ever.

And if the tenant come not, or if he come and can say nothing; then the Judgment shall be, that the De­mandant shall recover the tenements quietly for ever, according to the Judgments, called Shartford, by cus­tome of the foresaid City.

In a writ of wast processe shall be made against the tenants by sum­mons attachments, Of a writ of waste. and distresses, according to the statutes thereof made: and if the tenants come and plead, then he shall have noe essoyne and so after every appearance; and if he make default at the grand dist­resse then there shall be a comman­dement to the Sheriffe by precept from the Mayor that the Sheriffe should see the place wasted, That the En­quest shall not tax, but simple damages and the court shall treble it. This is enacted by the Statute of Gloc. capiat. and en­quire of the waste and damages ac­cording to the statute, and that the enquest should returne at the next [Page 54]Husting of Common-Pleas, and the Plaintiffe shall recover the place wasted, and treble damages by the Statute.

Item, In a Writ of Error of Judg­ment, given in Court before the Sheriffe, in actions personall, and in assize of novel disseisin or mort­dancestor, taken before the Sheriff, and Record; the Writ of Errour shal be directed to the Mayor and Sheriffes, and the Mayor shal make his precept to the Sheriffes, to cause them to bring the Record and pro­cesse at the next Husting of Common Pleas, and that they warne the par­ties to heare the Record.

And after that the Record and Processe be in the Husting, although the Defendant come by the warning, or make default, the errours shal be assigned, and there the Judgment shal be affirmed, or reversed, as the Law requires.

And it is to be understood, that by the usage of the said City, when a man is condemned in debt, or [Page 55]attaint of dammages in any action personally before the Sheriffs, and bringeth such a Writ of Errour, he himselfe which bringeth the writ ought, and was wont, before that he be delivered out of prison, to find sufficient surety of men abi­ding in the same City, before the Mayor and Sheriffes, to pay the mony, or to have the body forth­with comming, in case that the Judgment be affirmed.

And so it shal be done where dammages shal be recovered in Assizes, before the Sheriffs and Coroner, &c.

Item, In a Replegiarie, Replegiarie the processe is such: If any man take a distresse in an other mans ground within the said City, he to whom the goods belong may come to one of the Sheriffs, and have a mini­ster by commandement of the Court, to goe to the party that tooke the goods: and if he may have the sight, to take the same goods by two wise men: and [Page 56]then there shal be a plaint made in the Sheriffes paper in this man­ner: Such a one maketh his com­plaint against such a one, of his goods unjustly taken in his house or in his freehold, in such a Parrish.

And the same party shal there find two sufficient pledges to pur­sue his plaint, and to make returne of the goods, or the price thereof, in case that the returne be awarded and so he shal have the deliverance And the parties shal have a day prefixed at the next Husting of Common-Pleas: the Sheriffe shal make a Bil contayning all the mat­ter and the plaint, and shal bring the same Bill to the same Husting and there it shal be put on the File, and the parties shal be called for. At which day the one and the other may be essoyned of common essoyne.

And at what time soever the Plaintiffe makes default, returne shal be a warded to him that hath them, and the returne in such case [Page 57]is awardable three times, by the custome and at the third time not replevisable: And at what time so­ever he that hath them, maketh default, then it shal be awarded that the same goods shal remaine to the Plaintiffe. viz. they shal re­maine without recovering of any dammages.

And if so be, that the Sheriffe may not have a sight of the distress taken, then he shal so certifie in the said Husting, and there shal be awarded a Writ of Withernam, and thereupon processe shal be made. And if the parties come, & avoury be made, they may plead to a Judgment, or to an issue of en­quest, according as the case re­quires.

And the parties may be essoyned after every appearance. And if the party claime property in the dis­tresse, then that certified in the Husting, processe shall be made by precept, directed to the Sheriffe, to try the property.

And though the party be essoyn­ed to serve the King in a Replegiary, and at the day that he hath by es­soyne maketh default, or brings not in his warranty, he shal be amer­ced.

In a writ de partitione fac. to make partition between partners of tene­ments in London, a writ close shal be directed to the Mayor and Sheriffs, containing the matter according to the forme of such a Writ. And the parties shall be warned by precept of the Mayor, directed to the said Sheriffs: and the tenants may be essoyned, and if they come, they may plead their matter: and if they make default, the Partition shall be awarded by default:

Item, Of the Bedle every Bedle by the advice of his Alderman, against every Husting of Common-Pleas, shall summon 6 Free-holders, the better and suffi­cienter of his Ward, to come to the aforesaid Guild-hall, to passe in Enquest, if there be need, if there be so many Free-holders in the [Page 59]said Ward. And the Enquest shall be presented, as is aforesaid, in the Husting of Plea of Land.

Item, Of Exigonts Briefs of Exigent are de­mandable in the Husting, as well in the Husting of Com­mon-Pleas, as in the Husting of Pleas of Land.

But those Exigents that are de­manded in the one Husting, shal not be demanded in the other Husting. And at the fifth Husting, the out­lawries and veniries shall be awar­ded in full Husting before the May­or and Aldermen, by the mouth of their Recorder.

And also all Judgments that are given in Husting, after every Hus­ting shall be enrolled, & sent to the Chamber of Guild-hall afore-said.

Item, It is to be understood, that all the amerciaments made at those Hustings, do appertaine to the Sheriffes of the City.

Item, The Aldermen of London are summoned to come to the husting, Of summoning the Aldermen to the Husting. and they ought by usage [Page 60]of the said City to be summoned by an Officer of the Sheriffes, Of exigents Of summoning the Aldermen. to the Husting sitting upon a horse of a 100. S. price at least

And if it happen, A taile that between Merchant and Merchant, or Citi­zen and Citizen, there be debate of Debt, and a tayle be shewed forth by the party, and such tayle be denyed, the partie that bring­eth the tayle shall make his proofe according to the Law Merchant but shall prove the same by Citi­zens or Merchants, or other good and loyall men, Of assize of Mertdancester. & not by villaines.

Item, The Assizes of Mordance­ster are held and determinable be­fore the Sheriffs, and the Coroner of London, on the Saturdayes, from fourteene deyes to fourteene dayes at the Guild-hall: the processe wherein is in this manner, viz.

He that will have such assize, shall come in the Husting, or in the congregation of the Mayor and Aldermen in the Chamber of Guild-hall, any munday as it is said in the assize of freshforce & shall [Page 61]make a Bill containing the forme of assize of Mortdancestor, according to the case, and the Bill shall be en­rolled,

And afterward the common Clerk shall make another Bill, con­taining the whole matter of the first Bill, making mention of the title of Husting, or of the day of the Congregation of the Mayor and Aldermen: and that Bill shall be sent to the Sheriffes, or to one of them to serve according to the cus­tome. And which Bill shall be fer­ved by any Sergeant, or other Mi­nister of the Sheriffes, viz.

The said Minister the Wednesday next after the livery of the Bill shall make his summons at the te­nements demanded by witnesse of two Free-men of the Cittie, which ought to be at Guild hall the Satur­day next ensuing, to array and summon the Jurors: and so after­wards against the Saturday from fourteene dayes to fourteene dayes at their wills and so may the tenants [Page 62]sue if they will for their delive­rance.

And the arraignments of the pan­neis of such assizes shal be made by the Sheriffes & their Ministers, or by the Mayor and Aldermen, if any of the parties shall come to demand upon reasonable cause, in manner, as the use is in assizes of fresh force.

And in such assizes of Mortdan­cestor, the parties may be essoyned as at the Common-law, and the tenants may vouch to warranty within the said City, and also in a forraign County, if the Vouchee have no tenements within the City.

And if the tenants plead a Re­lease, bearing date in a forraign County, or other forreign matter that may not be tryed within the City, or that they vouch to warran­ty in a forraign County, him that hath nothing within the City: then at the suit of the party the Record shall be brought in the Court of our Lord the King by a writ delivered to the Sheriffes and Coroner, and [Page 63]there shall such forreign pleas and forreign voucher be tryed, and de­termined, and after sent back to the said Sheriffes and Coroner to goe forward and proceed, ac­cording to the custome of the City.

And continuance shall be made in such assizes upon the causes afore­said, and upon other reasonable causes.

And when the Assizes shall be determined, & Judgment ought to be given, then the same Assizes shall be engrossed, and entred of record by the said Sheriffes and Coroner, and after sent to Guild hall, to re­maine there of Record, in manner as the Assizes of fresh force ought to be.

The City of London, A custome that free-men of the City of London may bequeath their tenements of which they were solelysci­zed. is an ancient City of our Lord the King, that now is and of his Progenitors: In which City such a Custome is held, and where of the time is not to the con­trary, hath been held, that every Freeman of the aforesaid city, being [Page 64]soly seized of any Lands or Tene­ments within the aforesaid City by all the time aforesaid might and may bequeath such his Temements to any person or persons it likes him best, as well secular, as religious, in see-taile, or for terme of his life &c.

Item, Assizes of novell desseisin called fresh force of lands and te­nements, and rents, within the City of London, of desseisins made within 40 weekes, are held and are deter­minable before the two Sheriffes, and the Coroner of the said City in common every Saturday in Guild­hall, except certain times that the assizes may not be held for reason­able causes: and therein the pro­cesse in this manner, viz.

When any man is agrieved and disseised of his Freehold with­in the City, or Suburbs thereof: he shall come to any husting held [Page 65]at Guild-hall, or for want of the husting to the Chamber of Guild­hall, to the congregation of the Mayor and Aldermen any Munday, and there shall make a Bill, and the Bill shall be thus.

A. of D. complaines of intrusion against C. of E. of his free tene­ment, in such a Parish of London, or in such a Parish in the Suburbs of London.

And the same Bill shall be enrol­led: and thereupon another Bill shall be made, containing the whole matter of the former Bill by the common Clerke of the City, making mention of the title of the husting or of the day of the Con­gregation of the Mayor and Alder­men.

And that Bill shall be delivered to the Sheriffe, or to one of them, to make processe, and doe right to the parties.

And then ought the Bill to be served the Wedensday next ensuing viz. The Sheriffes Officer to whom [Page 66]the Bill is delivered, shall summon the tenant, or the tenants mentioned in the said Bill of assize, by the view of two Freemen of the City and that at the tenements where the disseisin is made, or at the tenee ments where out the Rent is sup­posed to be issuing, and it shall be said there to the tenants, that they keep their day at Guild-hall the Satturday then next ensuing at their perill: And the names of the two summoners shall be endorsed upon the Bill: and then the Plain­tiffe may sue to array the assise, and summon the Jurors against that Sat­turday, or against other Sattur­dayes after, at his will.

And so may the tenants sue for their deliverance, if they will, and such summons shall be made the Fryday before the satturday.

And the arraynments at the perils of the Jurors, shall be made by the Sheriffes or their Officers, or by the Mayor and Aldermen, if any of the parties upon a reasonable cause [Page 67]will pray the same.

And afterward the same assises shall be pleaded, and ruled for the most part also as it, otherwise at the common-law.

And if a Release, bearing date in a forraign County, Bastardy, or o­ther forraign matter, which cannot be tryed within the said City, be pleaded in such assizes; then else Plaintisse may sue, to cause the Record to be brought to the Court of our Lord the King, to try the matter there as the case requires: and when the matter shall be deter­mined in the Kings Court, all the processe shall be sent back to the said Sheriffes, and Coroner, or to their Successors, or to proceed for­ward, according to the custome of the City, in manner, as it hath been heretofore.

And it is to be understood, That no discon­tent is within the City of assi­zes, &c. that there hath not been any disconti­nuance in such assises: neither is there any mention made in the Re­cord, of the dayes between the [Page 86]assize brought, and the day that the assize shall be taken, or Judgment given; if it be not for a necessary cause, or that such assizes be taken before the Sheriffes and Coroner as is aforesaid, and Judgment be thereof given: then shall such as­sizes determined, be entred of Re­cord: and after shall be brought into the Chamber of Guildhall, to remaine there in the Treasury as of Record.

And it is to be understood, that a man may not enter into any tene­ments within the said City by force nor hold any tenements by force and armes in disturbance of the peace, &c.

Imprimis.

It is to be understood, Of the Sherisss. Court. that the Sheriffes holds the Courts of our Lord the King before them in the Guild-hall of London, and pleas of debt, of any summe whatsoever, and of all actions personals, at the suit of the parties.

And each of the said Sheriffes [Page 69]holds his Court at Guildhall by himselfe severally, and that by ver­tue of the plaints and quarrels made before the one and the other of the same Sheriffes, as well in their Countors as at Guildhall according to the custome of the a­foresaid City.

And every of the said Sheriffes use to hold by himself two generall Courts in the week, and every day for the deliverance of forraigners & strangers, if need be, if they be not let by Festivall dayes, or other rea­sonable causes. Item.

The Clarkes and Officers of the said Sheriffes presently upon the plaints made, use to award a capias, or other processe against the De­fendants, by the testimonies of the Sergeants of the said Offier thereto deputed, as well in the said Coun­tors, as at Guild-hall: and it is the use to award a capias in plain of Debt, Accompt, Covenant, and o­ther Actions personall whatsoever, &c.

Item. Action of debt. Hee that is so arrested at the suite of the party for Debt, or other action personall, may finde Sureties in the said Courts, or else­where, before the Sheriffes, or their Clarkes thereto deputed, to come to the next Court at the said Guild-hall, holden before the same Sheriffe, before whom the plaint was made, upon this condition: that if the Defendant come not at the said next Court to keepe his day: then he shall be condemned in the debt mentioned in the plaint Saving the Plaintiffe, if he be pre­sent, or may well come in Court, shall be examined upon his Oath, what summe is cleerly due to him, and for what cause, more then which is found to be due by exa­mination: the Plaintiffe shall re­cover nothing but his dammages which shall be judged by taxation of the Court, or by enquest, if need be.

And if the Defendant cannot be found, then shall the main per­nors [Page 71]be taken and charged for the Debt and the aforesaid Damma­ges.

Item. Action of tres­passe. If there be a plaint of trespasse of battery, of goods taken, or other personall action, where a man ought to recover dammages, if the Defen­dant make default in such case after that he is arrested, and hath found sureties, as is aforesaid: then he shal be judged, as convicted, and the Plaintiffe shall declare by bill the cause of the suite, and the quantity of such dammages and such place.

And thereupon an enquest of of­fice shall be brought from the same place to taxe the dammages for the Plaintiffe.

And if the defendant be not to be found, the main Pernors shall be charged as afore.

And if the Court may be tru­ly certified by the same Enquest, or by sufficient examination of the Plaintiffe, that the Defendant is not culpable in such case, the [Page 72]Plaintiffe shall recover nothing, notwithstanding the default, &c.

Item. When any such main per­nors be arrested, and committed to prison, because the principals are not found: yet notwithstanding whensoever the principall may be found, and is under arrest at the suit of the maine prenors, then the said maine prenors shall be delive­red.

If a man be arrested in a plea of Accompt, and finde Sureties to come at his day, or if he do not plead to the issue, or plead in Judg­ment, and find Snreties to attend untill the suit be determined, accor­ding to the Custome of the City: yet notwithstanding at what houre that the principall Sureties will come into Court: then if the Sure­ties come, Auditors shall be assigned to take the Accompt in presence of the Plaintiffe, and the main pernors.

And the Sureties, shall be de­manded if they know any thing to say in discharge of the Accompt. [Page 73]And if the Sureties will not come, then the Plaintiffe shall recover his arrearages, by examination and his Oath. And in the same manner it shall be, if the defendant be convict of Accompts by enquest,

Item. Of common Free-men of the City, and of those that be resiant in eht same. If a plaint be made against any Free-men, being sufficient, or a­gainst another sufficient man, and resident within the City: such a Defendant shall be summoned by any Sergeant of the Sheriffe to come to Guild-hall to answer to the party Plaintiffe at the Court of Denizens.

At which Court, if he make de­fault, he shall be amerced, and the grand distresse shall be presently a­warded by usage of the City: and it shall then be awarded, that the dores of the Defendant shall be fastned and ensealed untill he shall come to answer to the party plain­tiffe.

And at every Court of Deni­zens that he is demanded, and comes not, he shall lose his issues. [Page 74]And if hee breake the sequestration and that be testified in Court by the Sergeant: then it shall be awarded, that the defend, be arrested by his body. And if he pay a fine for the contempt and when he is so arres­ted, he shall finde sufficent pledge to come then at the next Court, to answer to the party, upon a pain li­mited before the capias is awar­ded.

And if such a defend make more delayes, and it be testified by the Sergeant, that the defendant like to escape a way, or is not sufficient: then shall be awarded the capias to take his body, or to arrest, and take his goods,

And that after the Defendant hath accorded with the plaintiffe, there shall be a commandement, that the Defendants dore shall be opened, and the goods taken and of them to make return at the Court as of forreign attachment.

Item. If any parties come and plead [Page 75]to the Enquest. or in Judgment, then they shall be ordered accor­ding to the usages of the City without any essoyne had as such personall actions before or after. Challenges af­ter default.

And although that such a De­fendant that hath pleaded to an Enquest, make default after the En­quest be joyned: yet notwithstan­ding if he come afterwards when the Enquest shall be charged, he shall have his challenges to the Jurors, and shall give his evidences, notwithstanding the default.

Item. That when the Enquest is summoned, & veturned in court, the De­fendant is not demandable. How a Free­man ought to wage his law with seven mens bands. After the parties be at issue of enquiry, the same parties are not demandable before that the En­quest be summoned: but the En­quest may be summoned as well at the suit of the Defendant, as at the suit of the plaintiffe.

And it is to be understood, that in a plea of Debt, the Defendant may wage his law by usage of the said City that he oweth nothing to the plaintiffe, viz. If he be a man in the franchise within the City, or [Page 76]resiant within the same City with seven mens hands, whereof his own name to be one: And such Defen­dants may make theire Law present­ly in Court, if they have men ready, or otherwise shall have day to wage the Law, the next Court holden.

And if the Defendant be a For­reigner Stranger & not resiant in the City, How a for reigner ought to wage his law with 3 hands. he may wage and make his Law presently with three hands, his own name being one, that he oweth nothing to the plaintiffe, and so be quit.

And if he have not two men ready to make an oath with him: This is neither-law nor cu­stome used at this day. then the defendant at the request of the plaintiffe, ought to go under the custody of a Sergeant of the Court to 6 Churches nearest to Guild-hall, and in the same Chur­ches to swear that the oath which he took in Guild-hall was good And then the Defendant shall be brought back to Guild-hall and have his judgment to be quit, and [Page 77]the plaintiffe shall be amerced. And in the same manner it shal be done in other actions personall, where the Law wager is allowed. And where women be in such cases impleaded and wage their Law, they may make their Law with men or wo­men at their will. That freeman ought to Wage Law in a plea of trespass with 7 hands

Item, If a Freeman within the Ci­ty be impleaded by way of tres­passe for goods taken, or for Bat­tery, where no bloud is drawn, nor no wound apparent: and for other trespasse supposed to be don against the peace, such a Freeman so impleaded, may wage, and make his Law by the usage of the City, that he is not culpable with seven hands as is aforesaid.

Item, Actions of Debt or of Co­venant are maintainable against Exec. and Admin. without e­speciality, and such Exec. and Ad­ministrat. by usage of the said City when they come to answer, they may have their Law by so many hands as the Court will award [Page 78]upon these words, That they know nothing of the duty, nor of the contract, nor of the covenant, and that they think in their consciences that their Testator at his death, ought nothing to the Plaintiffe, nor had broken any Covenant: and by such manner be discharged.

And if a man be impleaded by plaint of Debt, for victuals dispen­ded in the house of the Plaintiffe, or of rent of his houses, let called Hushire: in which cases the Defen­dant shal not have his Law, nor no protection in such cases hath beene allowed.

Item, Where a woman that hath a husband useth any Craft within the said City by her selfe only, wherewith her husband doth not meddle: such a woman shall be charged as a sole woman for all that which toucheth her said Craft.

And if the husband and the wife bee impleaded, in such a case, the wife shal plead as sole in a Court of Record, and shal have her Law [Page 79]and other advantages by way of plea, as a sole woman, and if she shal be condemned, she shal be put in prison, untill she hath made a­greement. Item, The husband nor his goods, shall be in such a case charged nor impeached, &c.

Item, If a woman that hath a husband, A house hired by a woman sale as a woman sole hire any house or shop within the City, she shal be charged to pay the rent of the said house and shop, and shall be impleaded and pursued as a sole woman, by way of debt, if need be, notwithstanding that she was mar­ryed at the time of the Lease, the lessor not knowing thereof. Trespasse done by the Wife.

Item, If a plaint of trespasse be made against a man and his wife for a trespasse, done by the wife solely, then the wife shall answer sole without her husband, if the hus­band come not, and shal have plea as a sole woman, and if she be at­tainted of trespasse, she shal be con­demned, and committed to prison untill shee hath made a greement.

Item, Trespass don to the Wife. If a playnt of trespasse be brought by the husband and the wife, of Battery done to the wife, in such case the wife shal be received for her selfe, and her husband to pursue and recover damages a­gainst the defendant, although the husband be not present.

Item, Action of debt where a plaint of debt brought against the husband and the plaintiffe acknowledgeth that the husband made the contract with him by the hand, intervening and transaction of the defendants wife, Aid of the Wife then the same defendant shal have ayd of his wife, and shal have day, untill the next Court, to con­sult with his wife: and the same day shal be given to the Plaintiffe &c.

Item, How a man shall he termed a Freeman of London. When any defendant in plea of debt or other action perso­nall, wageth his law as a Freeman of the City, and the plaintiffe de­mands how he is free, it behoveth that the defendant alleage, that he is free by redemption: and if he say [Page 81]that he is free by redemption, the plaintiffe may cause that the defen­dant to shew his Record at the next Court. And if he faile of his Re­cord, then he shall be attainted and adjudged convict in the cause. And if the defendant alleage that he is free by birth, the plaintiffe may say that he was not borne in the City & that shall be enquired by the En­quest taken in the said City, of such a place where the defendant will alleage that he was borne, and that issue is peremptory.

Item, Of contribution by obligees where two or more are obliged with in the City by obliga­tion of debt, and every of them in the whole sum: then if one of the obligees pay the whole, or he to whom the obligation is made, bringeth a suite in the same City, and recovers the debt against one of the obligees solely: then he that paid the debt or is so condemned may sue against the other obligees by playnt or debt, jointly or seve­rally to make contribution: so that [Page 81]every one shal pay his part, accor­ding to the usage of the said City, saving reasonable answer to the par­ties.

Item, Of forraigne attachments when a plaint of debt is brought before any of the said She­riffs, and testimony is given by the Officer, that the defendant hath no: sufficient within the said City, and it is alleaged, that the defen­dant hath goods and chattles, or debts in other hands, or in others keeping within the said City, and the plaintiffe prayeth that such goods and chattles may be arrested, and an extent may be made of the debts, then at the suite and sug­gestion of such plaintiffe, such goods and chattles shal be arrested wheresoever they be found within the City, and an extent shall be made of the debts at the perill of the plaintiffe: and this done the plaintiffe shal pursue at four courts before the same Sheriffe before whom the plaint was affirmed un­till the defendant be four times de­manded: [Page 82]And if the defendants come not at the fourth Court, and hath made four defaults, then shal the goods and chattles arosted, be taken and delivered to the plaintiff. And if the goods amount not to the value of the debts, then the debts extended in the hands of the debt­tors shal be levied and delivered to the same plaintiffe in part of payment of the debt demanded.

And such arrests of goods and ex­tents of the mony are called forrain attachments, according to the cu­stome of the City: And thereupon the plaintiffe shall find sufficient surety to the Court by pledge, be­fore that the livery there of be made upon this condition, to make resti­tution to the defendant of all the goods and chattles so taken, or of the value of the same, and of such mony whereof he hath had execu­tion, if so be that the defeudane come within the yeare and the day next ensuing into the Court, and that he can discharge himselfe, and [Page 84]justifie by law that he ought no­thing to the plaintiffe, at the time in the plaint mentioned. And if the same defendaut wil come within the yeare and the day, as is afore­said, before execution, or after, and find surety to justifie himselfe, and plead with the plaintiffe then he shal have a scire fac. out of the same Record against the party, that hath had such execution, to warne him to come to the next Court, if he knowes any thing to say, why restitution should not be made in manner aforesaid.

And if he against whom the scire fac. is sued, be warned, and and make default, or that it be tes­tified, that he hath nothing in the City: Scire fac. then he that made the scire fac. shal have restitution of all such goods and chattels so taken, or of the value thereof, and of all the monies which the party hath recei­ved by the foraigne attachment.

In the same manner he shal have restitution, if he can discharge him­selfe [Page 85]by way of plea. And in the same manner restitution shal be made, according to the rate of pro­portion, if the defendant can dis­charge himselfe by way of plea of parcell of the debt, although he cannot discharge himself by way of plea of the whole. And if the party that hath had such execution be not sufficient to make restitution in the manner aforesaid, then his pledges shal be charged.

And if he upon whom such for­raigne attachment is made, come not within the yeare and the day to justifie himselfe, as is aforesaid, then he shal be barred for ever after

And it is to wit, that having such foraigne attachment, if any other will come in Court of Record be­fore the 4 default be recorded, The proof in forraign attach­ment. or afore execution be sued, and be ready to prove that the goods ar­rested were his proper goods at the time of the arrest made, and yet are, and not his for whose goods they were arrested, and that that party for whose goods they were arrested [Page 85]hath no property in the same goods nor any other whatsoever, but himselfe alone, to the value of a groat, then he shal have the proof, and shal answer in manner afore­said, by himselfe, and shal have de­livered unto him all such goods so arrested, or parcell thereof, accor­ding as he hath made the proof thereof.

Item, Of the same Likewise a servant shal make proof of his Masters goods being in his custody, according to the discretion of the Court. And also if the defendant in such for­raigne attachment come in Court at the 4 default recorded or be­fore, he shal be received to pleade with the plaintiffe: And in the same manner shal be received if he come before execution sued: so that the plaintiffe be present in Court, or otherwise be warned. And in the same manner, in such forraigne attachment those in whose hands any goods be arrested by suggestion of the plaintiffe. [Page 86]And those in whose hands any mo­nies be extended may come in court of Record before the same Sheriff and be excused and discharged by their oath, that they have no such goods in their custody, and that they owed not a peny to such de­fendants at the time that the arrests and extents were so made, in their hands.

Item, Of forraigne matter pleaded out of the City. where a man is impleaded before one of the Sheriffs of Lon­don, by plaint of debt & the plain­tiffe sheweth forth an obligation, bearing date in London in proof of his debt, whether the said obligati­an be simple or endorsed, or by Indentures concerning the same in such case, by usage of the City, the defandant shal not be received to plead any acquittance or release of the plaintiffe, bearing date in a forraigne County, nor any pay­ment made nor condition, nor o­ther matter which may not be en­quired and tried within the same City

And if the defendant in such a case plead any such accquitance, or release, or alleadge any payment, or other matter to be done in a forraigne County, out of the said City, to put the Court out of juris­diction; and if that such a defendant wil not say any other matter, he shal be concluded for default of answering. But, if it happen that the endorsement of the obligation or the Indentures thereof made do make expresse mention of doing or performing any condition, or if other matter be alleaged by the defendant, then the Court shall surcease, and it shal be said to the plaintiffe, that he sue at the Com­mon Law. And in the same manner is used a plaint of trespasse, and o­ther actions personall of bargaines, and contracts made within the said City, and the defendant shal not be received to plead, nor alleage a matter out of the said City, if not such a matter that may be enqui­red of, and tried within the same City.

Item, Of an obliga­tion dated at a certaine place. Where an obligation is produced, which beareth not date in any certaine place, and the plaintiffe in this court doth alledge that the said obligation was made in a certaine Parish within the Ci­ty of London, and the defendant alleageth, that the same obligation was made in a certaine place out of the City, and be ready to averre the same, and therewithall doth plead a matter there, in avoidance of the said obligation. And the plaintiffe offereth to try by the Country, that the said obligation was made within the City of London, in man­ner, as to the Court, shal seeme good, in such case is used to take the enquest in London, and the Pa­rish where the plaintiffe counced that the obligation was made, if the plaintiffe pray the same. And if it be found that the obligation was made in London, as the Plaintiffe hath proposed by his co [...]ur, then shal the desendant be condem­ned in the debt and in the damma­ges [Page 89]to be taxed by the same En­quest.

Item, Of a double obligation. where an obligation is made double by endorsement, or by In­dentures, and the party bound is impleaded, and acknowledgeth the obligation, and the day of payment is incurred, as it may appeare by the same obligation; yet notwith­standing the plaintiffe ought to re­cover but only the cleere debt which is behind, and that by the oath of the plaintiffe, or by the true information of his Attorney, if the plaintiffe be not present, and not the double debt contained within the said obligation. And his dammages shal be taxed him by the Court, according to the time past by their discretion, or by the En­quest.

And although the defendant in such a case, against such a double obligation made, pleads that it was not his deed, or that he hath per­formed the dayes of payment con­tained in the said endorsment, or [Page 90]in the Indentures thereof made, or other like matter, and thereupon puts himselfe upon the Enquest, & it is found against the defendant by verdict of the Enquest: Yet the plaintiff shal recover nothing but that which is cleerly found due by the Enquest, viz. the single duty, and his dammages, taxed by the same Enquest. And if the obli­gation be single, which is shewed forth, and the party defendant doth acknowledg the obligation and the day be past, and the defendant al­leageth that the plaintiff is payd parcell of the debt, then the plain­tiffe at the request of the defen­dant shal be examined by his oath, how much mony is behind.

And in such a case, the plaintiff shal recover nothing over that which he wil swear is due and be­hind, and his damages shal be tax­ed by the Court. And if against such a single obligation made the Defendant plead that it is not his deed, and it be found that it is the [Page 92]defendants deed, yet the plaintiffe shal recover nothing but what is found due by Enquest, and clearly behind, and his damages taxed by the same Enquest; and the defen­dant in such a case shal be fined for denying his deed, and in other cases shal be amerced.

Item, Of an obligati­on upon certain conditions where an obligation is made of a certaine sum upon cer­taine conditions to be performed by the endorsment, or by Inden­tures thereupon made, and there­upon a plaint is made, and the par­ties be at traverse, and at issue up­on some especiall condition broken and it is found by the enquest upon the parties own shewing against the defendant, which is so bound and that hee hath broken that con­dition; yet the plaintiffe shal not recover the whole obligation, but he shal recover the damages which he hath sustained, by reason of the condition broken: and the dam­mages shal be taxed by the same Enquest, and the obligation shal [Page 93]be saved, for the saving of the other conditions hereafter. But some make a question of this cu­stom.

Item, Of acquittances and other evi­dences alleaged to be in for­raigne parts If an obligation of debt be shewed forth, and the defendant alleadgeth that he hath an acquit­rance or Indentune, or other things ensealed by the plaintiffe, the which may stand him in stead, and be a discharge against the plaintiffe, if he had them ready in hand, and say further, that the mi­niment, are in a forraigne County and out of the City, and be ready to make oath thereof; then the same defendant after his oath made shal have a day assigned by the Court to have his said miniments ensealed at a certain Court after, according to the distance of the place, and thereupon shal finde pledge at his perill; to come at his said day, and bring the same deed,

And if he make default at the day, or if he faile of that which he alleaged, then he shal be condem­ned [Page 93]in the said obligation, and dam­mages shal be taxed by the Court, saving that the Plaintiffe, or his Attorney, shal be examined of the duty.

Item, Of fugitives. If a plaint of debt be made against a Freeman and resiant within the City, or by the Law of the City, hath a summons, because of the Franchise, if the plaintiffe come to the Sheriffe and bring with him six or four Freemen and credible of the said City, that wil testifie, that the defendant is flying away, and that he wil withdraw and absent himselfe; then the said Sheriffe upon their testimony, may arrest the said defendant by his bo­dy or goods, as of a Forraigner, &c.

Item, The Sheriffs may hold be­fore them pleas, of taking personal things, instead of a Replegiate, and avowry may be made, and return awarded to such pleas as in the Husting, if the cause touch not Free­tenants: And such a suit is called A plea of taking and de­tayning of goods de placito captionis & detentionis [Page 94]catallorum, and pledges shal be found to make return of the goods or of the value, as in a Replegiate.

Item, The defendant shall answer, & the plaintiffe very presently. It is the usage of such acti­ons personally before the Sheriffes that at the first day when the par­ties appear, and the plaintiffe hath counted against the defendant, the same defend shal answer the same day without having any day given him to emparle: And in the same manner, if the defendant pleades any plea or matter alledged against the plaintiff, the plaintiff shal pre­sently reply without having a daies respite to emparle, without the assent of the parties.

Item, What custome shall be discus­sed by the May­or & Alder­men. If some customes or usages are pleaded or alleged in the She­riffes Courts, whereof the Sheriffes nor their Ministers be fully infor­med: then such customes and usa­ges shal be discussed by the Mayor and Aldermen, and that before Judgment thereof rendred.

And it is to be understood, that no adjornment is made in the She­riffes [Page 96]Courts, nor any day given by pre-appointment, but only that the parties should keep their day at the next generall Court, if it be not upon some speciall cause.

Item, Of actions of debt. Actions of debt are main­tainable by usage of the simple grants and assignments, and of pledges, and of a covenant simply without specialty.

Item, Of Tailles ensealed A Taile of debt ensealed by the usage of the said City, is as strong as an obligation: and when a plaint of debt is made, and such a Taile ensealed shewed forth in proofe of the debt, the defendant shal not have his law that he oweth nothing, nor any other matter, no more then against an obligation. He may wel say, that the day of payment is other then the Plantiff counts.

Item, Of taking Kecognizances the Sheriffs of London use, and each of them by himselfe. to take Recognizances of debt in [Page 97]their Courts, of what sum soever: And if the day of payment be past, and the mony not payd, then at the suite of him, to whom the Recognizance was made, if he be a Denizen, all the goods and chat­tels of the Recognizor found with­in the City, shal be taken and deli­vered to the party, to the value that the debt, contained in the said Recognizance, amounteth to, with­out extending any land of the Re­cognizor: And if the yeare be past, then a scire fac. shal be sued against the Recognizor to come in, if he knoweth any thing to say, where­fore execution shal not be made of his goods, as is aforesaid: the which Recognizance shal be en­tered in the Sheriffes paper.

Item, Safe custody of prisoners. The Sheriffs may hold by usage what prisoners soever before them condemned or committed to their custody, as well in their houses, where they are then dwelling, as in common Goales, [Page 98]which they are alwaies to hold in ward, and not to goe at large out of their houses, or the afore­said Countors.

Item, Of plaints be­tween Mer­chants, and Merchants. In plaints of debt and accompts, and other personal con­tracts betweene Merchants and Merchants, if the plaintiffes counts that the defendant at any Mer­chandizing Village or in a place merchantable within the Realme did bargaine for, and buy of the same plaintiffe some merchandises, or received his mony to pay and deliver unto him, or to render account in any place within the said City. Note this well. And if the parties he at travers, and plead to issue of Enquest, then shal the enquest be taken of the people of the said City, and of the merchandizing towne, where the contract is supposed, to this intent, that such merchants, may have no­tice of the same contract.

Item, Of the same. The Sheriffes of London have alwaies used to hold pleas before them betweene what mer­chants soever, where both parties are Merchants, of all bargaines and personall contracts, which touch­cing merchandize made beyond Sea, at the merchandizing town or place merchandizable, where the bargaines and contracts are made by expresse words upon payment, or delivery, of the merchandize, or to render ac­count within the said City of Lon­don. And in such a case if the parties discend to an issue of En­quest, then shal the Enquest be taken of men remayning with­in the same City, viz. of Mer­chants travelling that use to passe over the Sea, which best may have knowledge of the afore­said bargaines and contracts.

And if any forraigne Mer­chant and Alien be party to the plea and such enquest be to be taken, [Page 100]then the Merchant Alien shall have the moity of the Enquest of his own Country men, Which with­draw them selves out of the City. &c.

Item, If a plaint of debt be made, and it is testified by the Minister that the defendant is not resiant within the City, that he hath absen­ted himself and carryed away his goods. And it is testified, that he hath lands or tenements within the City, then at the pursuit of the plaintiffe, the plaintiffe ought to hold them by the same extent, un­till he be satisfied of his money due unto him, finding sureties to up­hold the tenements conveniently, and also to repay the defendant the money received in the mean time, if it be so that the same defendant come in Court of Record within a yeare and a day after the delivery made, and can discharge himself, that he oweth nothing to the plain­tiffe.

Item. Examinati­on in a plea Personall. The Sheriffes use to exa­mine the parties in all actions per­sonall depending before them, if [Page 101]any of the parties desire the same, and to proceed to judgment, accor­ding as it is found by examina­tion.

Item, Where any personall action is depending before either of the said Sheriffes, Of the same and some matter is alledged by the defendant in barre of the action, or a thing materiall to delay the plaintiffe. And if the plaintiffe puts himself upon the oath of the defendant peremptorily, that the plea or the exception given by the same defendant is not true, then the said defendant if he be in Court, or if he be resiant within the City, & that he may conveni­ently come, by the discretion of the Court, then he shall make his oath that his plea or exception that he hath given is good & true. And if he come and refuse to make such an oath, then he shall be held as convict in the cause, and thereupon the plaintiffe shall recover that which lyeth in demand, according as it may be found by examination [Page 102]of the plaintiffe, or by enquest of office, if need be. And if he make the oath, the plaintiffe shall be out­ed of his suit or action, if he for his part will not swear that the suite or other matter alledged by him is not good and true

And if such an oath be required of the plaintiffe, and the plaintiffe take the oath, he shall recover by the same oath if the exception be materiall, and so are such oaths pe­remptory, of the one part, and of the other, according to the matter of the Exceptions.

Item, Of default after mayn prise. If a man be arrested by a plaint of debt, or by other perso­nall action, and find surety to be ready at the next Court, before the Sheriffes to answer to the Party: At which Court although the de­fendant be demanded in convenient time, to come and save his mayn­prise and he make default, and the default be recorded, yet if the same defendant come, sitting the same Court, he shall be received to [Page 103]plead, saving that in such a case he shall lose the advantage of his Law­wager, although he might have had his law, if he had come in time.

Item, Of amen­ding Bills. Where parties appeare in the Sheriffes Court, the usage is that the Plaintiffes may amend their plaints, and their Bills, before that the said parties be at issue, or plead to judgment in Court of Re­cord.

Item, Acton of account. In an action of account before the Sheriffes, the plaintiffe by usage of the City may not count that the defendant was his Bayliffe in any case, but Receiver of his mo­ney, or of his goods.

Item, An action of account is maintainable by usage against a woman sole, and against Infants within age, if they be Merchants, or if they keepe common shops of trade, or of Merchandize. And ac­tions of debt in the same manner of that which toucheth their trade, or their merchandizes.

Item, Of plaints removed out of the Shrieffes courts. Where pleas are depending before the Sheriffs, the usage is al­wayes that the Mayor of London, that is for the time, may send to the Sheriffes to cause the complaint and the processe to be brought before him and their Aldermen, to deter­mine and discusse the same com­plaint before them, or to send back the said complaint before the same Sheriffes, further to proceed in the said processe, according to that which the Mayor and Aldermen shall see fitting to be done, and to command the Sheriffes to surcease at their wills.

Item, Where the debtor shall be arrested be­fore the day conteined in the obligatio Of fugitives. When a debtor is bound within the said city by obligation in a certain summe, to pay at a cer­taine day to come, the which debt­or was held sufficient at the time when he was bound, and after is be­come fugitive, or not sufficient, then if the creditor come before the Mayor and Sheriffes of the said City, making such a suggestion, and hath with him six or foure credible [Page 105]men of the same City; that will tru­ly testifie that the debtor will with­draw, and convey his goods out of the City, or that he is not sufficient to make payment, then the Mayor; or one of the Sheriffs, before whom the suggestion is made, useth to ar­rest the debtor, although the day contained within the obligation be not yet come, and to keepe the same debtor in prison, untill the day of payment be come, or other­wise, that he shall find pledges to attend at the same day, and so to arrest for Houshire before the day, Houshire. if the tenant be fugi­tive.

Item, To arrest a debtor without a sergeant. If a Freeman of the City find his debtor suddenly within the same City, which debtor hath ab­sented himself before, or that he be sugitive, and the which debtor will escape away, before that the credi­tor can have an officer, the usage is in such a case that the Free­man himselfe, with ayd of his neigh­bors without other officer, may ar­rest [Page 106]his debtor, and carry him to the office of one of the Sheriffes, and there make his suit, as the law re­quires, &c.

Item, Of merci­ments. Touching the amerciaments taken upon the plaints in the Courts of the Sheriffes, it is used, if the de­mand be of 40. s. or under, to take 4. d. and if they passe 40. s. the usage is to take 12. d. for the amercia­ment.

Item, Of Land­lords. If a lessee within the City be fugitive, or absent himself, whereby his goods within the house be arrested, yet the lessor called the Landlord, shall be served before all others for the rent of the house, being behind by two years, and for so much money, goods shall be left within the said house, to the use of the said Landlord.

And although that such a Far­mer within the said City commit Fellony, Of giving warning to the Landlord. or other contempt, for which his goods and chattels are ar­restable, and subject to forfeiture, yet the lessor by usage of the [Page 107]City shall be paid for his rent be­hind, by two yeares, as is aforesaid, of the goods found within the same house.

Item, Warning to the Tenant. Where there be tenants within the City holding at will, and will go out of their houses, and surrender the same up, they shall give warning to the lessor before their departure, viz. of the houses that they have to farme for 40. s. rent, and under, they shall give warn­ing by a quarter of a year before the departure, at the perill of the te­nant.

And in the same manner, Of Executi­on at the. choise of the Plaintiff. warn­ing shal be given to the tenant, if the lessor will put out the tenant, &c.

Item, When a man is condemned at the parties suit in debt, or in dammages before the Sheriffes, the party that hath so recovered may make choyce to have the body of him which is condemned, com­mitted to prison, untill he hath made an agreement, or to have of his goods, at his perill.

Item, Of Maynper­nors, and At­torneys receiv­ed in the coun­ters. The pledges and Maynpar­nors, and Attornies taken and received within the Sheriffs Coun­tors, and other processe there made, are held to be of record, as well as at the Courts holden within Guildhall.

Item, Of Attor­nies. Every Alderman of London, may by usage, record Attornies in pleas, depending in the Sheriffes Courts, and else-where in the Hust­ings, and in the Chamber.

Item, Of day given to the Enquest. When an Enquest be­tween parties is joyned, and sworn before the Sheriffes in pleas perso­nall, if the parties will agree, the Court by usage may give day to the Enquest, to advise themselves of their verdict, untill some day ensu­ing, in manner as the parties may accord, and that at the perill of the plaintiffe, if any Juror dye, or any other case happen in the meane time.

Item, The amerci­ments of In­roes. The Jurors which are summoned in an Enquest, are not to be amerced, although [Page 109]they make default above 3. d. but if they tarry long, and will not come, the Sheriffes by usage may shut up their doors, and constrain them to come.

Item, Enquest of Office. The Enquests of office which are taken by the Sheriffe to inquire of frayes and batteries made against the Peace, are not traversable by new Enquest by usage, but at the parties suit, every party shall make his answer, notwithstanding the Enquest of of­fice.

Item, It is to be understood, that there be other points and usages touching the Sheriffs Court where­of a man cannot have remembrance of all, &c.

Item, Of generall Attoenies. That all generall Attornies made and received within the Countors of the Sheriffes of London, are held to be upon record, as well as if they were taken at the Courts held at Guild-hall. And such At­tornies are and ought to be entred in the grand paper of the aforesaid [Page 110]Sheriffes, for the fee thereof due &c.

Item, That none shall offer any injury, in deed nor word to the Sergeants, or to the Bayliffes of the said City, nor that none disturbe them in doing execution of judg­ments, attaches, distresses, or other things which pertaine to Bayliffes, or Sergeants to doe, and which are commanded them, upon pain of imprisonment, and to make ran­some, according as the custome willeth to be done.

Whereupon, Custome for citizens to buy and sell in publicks & open places. as to the taking of the said sait the action lyeth, nor for that the City of London, is an ancient City of the King of England that now is. And that in the said City there is held, and time out of mind, whereof the memory of man is not to the contrary, hath been holden a common Mar­ket every holyday, as well for the Citizens of the said City, as for all other men whomseover, to buy and to sell all, and all [Page 111]manner of things and merchan­dizes, in all publicke and open places within the City, and the Suburbs and Liberties of the same: so that one of the contra­ctors be a Freeman of the said City of London. And the said de­fendant saith, that as to the tres­passe, when &c. A. B. was posses­sed of the said salt, and he so being of the said salt possessed, &c. that is to say, on the 20. day March, &c. in the fifth yeare of the King that now is, being a holyday, the said A. B. in one open place, viz. in an open shop of the defendants, scituate in the parish of St. &c. London, afore­said, of the said City of London, openly did sell to the aforesaid defendant, the aforesaid salt, and the cover thereof for 10 l. which the said defendant so the said A. B. then there did pay. By reason whereof, the said defen­dant in the time and place where the trespasse is supposed to be [Page 112]done, &c. the said Salt of his Co­ver then and there took, and car­ryed the same away, as lawfull it was, &c. which said taking and carrying away of the said Salt and Cover are the same taking and carrying away of the said Salt and Cover, whereof the said plaintiffe, &c. And the said plaintiffe by his aforesaid Attorney cometh and requireth, ac­cording to the custome of the said City of London, how the said de­fendant is a Free man of the said City.

And the said defendant, by his Attorney aforesaid, saith, that by his Apprentiship, that the Twenti­eth day of May, in the seventeenth Yeare of the Raigne of King H. 8. He by the Name of Thomas Barne of Dale in the County of Liccester, Husband. was Apprentice unto John Ward Citizen, Alderman and Grocer of London, and in his Apprentiship, stood according [Page 113]to the custome of the said City, and admitted into the liberty of the said City, and sworne in the time of Iohn Rudston, then Mayor of the said City, and Iohn Husse, then Chamberlaine thereto and entred in the booke, which is si­gned with the letter M. of the buyings and admissions of Freemen as of Record before the said Cham­berlaine fully appeareth.

Moreover, that the said Defen­dant will verifie, that the said Iohn Batemanson, in the narration and plaint aforesaid nominated, and the said I. B. in the said Record, before the said I. H. Chamberlaine nominated, are one and the same person, and not divers, and as wel by the name of I. B. as by the name of I. B. alwaies hitherto knowne & called, and so he saith, &c.

And the said Defendant saith that he is a Freeman of the said Ci­ty of London, by his Apprentice­ship, according to the custome.

All and every which matters, [Page 114]he the said defendant is ready to verifie, as the Court, &c. and demandeth that if the aforesaid defendant, &c.

The King to his well-beloved, and faithfull William Merre Adam of Shopenhange and to Walter of Paden­ham, assigned for the assessing of the tallage, or customes, within Our Cities, Burroughes, and Demesnes, within the County of Oxon, greeting.

OUR Citizens and Merchants of Our City of London, In the white book the 3. part of the 3. booke fol. 50. have shewed to us.

That whereas some of them have used to be brought divers their goods and merchandizes from London unto Henley, in the Coun­ty aforesaid, there to be sold up­on Market dayes, and with them to trade from week to week.

And that some of them buy di­vers Goods and Merchandizes in [Page 116]the parts there adjoyning, to be brought to London, for their pro­fit to be made thereby.

And they hier little houses and places in the said towne of Henley, from terme, to terme, as well for the aforesaid goods and Mer­chandizes brought thither to be laid up untill they may conveni­ently sel the same.

As also, for the aforesaid goods and merchandizes brought there in the said parts, to be laid up un­till conveniently they may carry the same from thence.

And any certaine houses, or Lands, or Tenements there they have not; neither make they any abode in the same place; neither are they in Scot and Lot with the men of the same towne.

Yea, neverthelesse, Ye by occa­sion of such their houses, places, and goods, and their merchandize, so put in the same doe thereupon very unjustly distreine them the said Citizens and Merchants to pay [Page 117]Tallage for Custome, as if they had their Houses, and Lands, and tene­mants, and made their continuall abode, or were in Scot and Lot with the said men; to the great damage and burden of the said Cityzens and Merchants.

And because it is not agreeable to Right, that Our said Citizens and Merchants in the said case should be taxed with the men aforesaid, especially seeing that they may freely exercize their Merchandizes throughout all Our Kingdom, &c. are taxed for their Merchandizes in Our City afore­said, with their fellow Citizens there, as often as any tallage (or custome) shall happen to be asses­sed upon the commonality of that City.

We command you, that you do not assesse them our said Merchants and Citizens, with the men afore­said, in the case aforesaid. But that you suffet them in this behalf, to be in peace so long, notwithstanding [Page 119]as there shall not be other cause, wherefore they ought to be sei­zed there.

Item, In the same booke the 4. part fol. 6. B. side. For driving of Carts. That no Carter within the Franchize drive his Cart any faster when it is empty, then when it is laden, for eschewing of divers perills and grievances, upon paine of forty Pence to the Chamber, and his body to prison at the will of the Mayor.

Item, In the same booke the 4. part, sol. 6. B. side For that the course of wa­ter of Thames, which wholy ap­pertaineth to the City, is greatly disturbed by the purpresture of the keyes, and other adjesments made in the said water, to the great pe­rill and damage of the whole City.

And for the eschewing of greater perils and damages in time to come, [Page 118]It is ordayned by the Mayor and Aldermen, with the assent of the Commons, That hereafter no pur­presture shall be made by the ma­king of Keyes, nor in any other manner upon the water of Thames, without view of the Mayor and Aldermen, and Commons, and un­lesse their opinions and Judg­ments be, that such pur­pressture will not be unto the dan­ger or hinde­rance of the City.

A TABLE OF Sundry Offices and Rooms in the City of London, within the Lord Mayors guift.

  • ALvegers, Searchers, and Sea­lers of Woollen Cloath.
  • Attorny ship in the Sheriffs Court.
  • Baker of the Bridge-house.
  • Bayliffe of the hundred of Osalston.
  • Baliwick of Southwark.
  • Beadelship of the Court of Request.
  • Bell man.
  • Clarkship of the Lord Mayors Court
  • Clarkship of the Papers.
  • Clarkeship of the Chamber.
  • Clarkeship of the Counters.
  • Clarkeship of the Bridghouse.
  • Clarkeships of the works and Re­parationstuffe.
  • Clarkeships of the Court of Request.
  • Clarkeship of the Commssioners for [Page]the enlargement of Prisoners in execution in the Counters.
  • Clarke of Bridwell.
  • Clarkeship of Blackwell Hall.
  • Clarkeship of the Commssioners for inlargement of Prisoners in the Kings Bench.
  • Common Sarientship.
  • Common Pleaders.
  • Common Hunt.
  • Common Cryers.
  • Common Controler.
  • Comptroler of the Chamber.
  • Collector of Scavage.
  • Collectors of Wheeleadge on Loudon Bridg.
  • Conduit at Dowgate drawing Water Forrintaker.
  • Gauger of Wines and Oyle.
  • Keeper of Blackwell Hall.
  • Keeper of the Storehouse in Black­well Hall.
  • Keeper of Worsted Hall.
  • Keeper of Bay Hall.
  • Keeper of the Conduit at Newgate
  • Keeper-ship of Ludgate.
  • Keeper-ship of Newgate.
  • [Page 122] Keeper ship of the Counters.
  • Keeper of the Counters in South­wark.
  • Keeper of Bothlen.
  • Keeper of the Sessions house.
  • Keeper cleane of the Market and Market house in Newgate Mar­ketand Collectors of duties there.
  • Keeper of the New-buriall place.
  • Keepers of the Wood and Coles for the poor in severall places
  • Measurage of Silks, Cloth & Linnen
  • Meate Weighers.
  • Measurage of Cottons.
  • Mesurage of Bayes.
  • Packer ship.
  • Prothonotoriship.
  • Portership of Blackwell Hall.
  • Portership of the Bridg house.
  • Remembrancer.
  • Renter-ship of the Bridge house.
  • Renter-ship of Finsbury.
  • Sword bearer.
  • Second biriship.
  • Solicytor ship.
  • 3 Sergeant Carvers.
  • 3 Sergeants of the Chamber:
  • [Page 123] Sergeant of the Channel.
  • Stewardship of Sonth wark.
  • Stewardship of Finsbury.
  • Towne Clarke ship.
  • Under Sherifewick.
  • Under Water Bayley.
  • Weigher of Raw silkes.
  • Water Bayly.
  • 2 Yeomen of the Chamber.
  • 4 Yeomen of the Water-side.
  • Yeomen of the Channell.
  • 6 Young men.

PROFITS TO Be received by the Lord Mayor yearly, and other Profits arising otherwise.

Scavage.
  • IT appeareth by severall Acts of Court of the Lord Mayor and Aldermen, one taken Anno. 4. E. 4. another taken, Anno 6. E. 4. by an Act of Parliament. 19. H. 7. Cap. 8. and by other Acts of Court, and by continuall usage, that the Moi­ty of the Profits, of the Office of Collection of Scavage, is due to the Lord Mayor.
Measurage of Linnen Cloth and Silke.
  • Item, There is yearly due, and paid to the Lord Maior of the Pro­fits [Page 125]of the Officers of Measurage of Linnen Cloth and Silk which is col­lected by vertue of an Act of com­mon-Councell, made An. 4.5. P. M. 1. l.
  • Item, By vertue of an Act of Common-Councell, made Anno 4.5. Pet. M. and of Orders of Court, Anno 4.5. Pet. M. there is to be paid to the Lord Mayor, toward the Feast kept at Guild-hall. 1. l.
  • Item, There is paid yearly out of the Chamber, in respect of Wax­herrings, and Scurgion, which was wont to be yeilded to him by the Marchants of the Still-yard. 5. l. 5. s. 8. d.
Wines.
  • Item, Paid by the Chamberlain yearly, in respect of 4 Tons of Wi­ne, sometimes allowed to the Lord Maior, to cause his right of making six Free-men in his yeare. 80. l.
Major Sheriffes.
  • Presenting Mr. Sheriffe at the 18.16.8. d.
  • Exchequer. 18.16.8. d.
  • Packer yearly, per annum. 100. marks.
Cole-Meators.
  • [Page 126]Cole. Meators yearly, 10, l. a piece. and since this rate appointed, these places yeeld a greater sum. 7 eild, per annum, 80. l. a piece 3. per an 10. l. a piece. 3.
  • The two last of the ancientest, are to be disposed for the Profit of the chamber. 7 eild, per annum, 80. l. a piece 3. per an 10. l. a piece. 3.
Gawning.
  • Gawning, besides the Rent to the Chamber.
  • The Escheatership for London.
  • The Escheatership for South­wark.
  • The profit of the office of the Cockets.

Reversion of five offices to be granted yearly at the request of the Lord Mayor to have one of them which shall first fall, or of foure; & the Clarkship of the Lord Moy­ors Court, apart by it self, to be granted to one of the Under-clarks, serving in the same Court, after he shall have served there seven yeares.

The Clarkship of the Court of Conscience to be granted to the un­der-clark of the Lord Mayors Court. 180. l.

FINIS.

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