[Laws and Customs.] The TEMPORAL GOVERNMENT. [Noisances.]306

[Laws and Customs.] The TEMPORAL GOVERNMENT. [Noisances.]

"himself punished by Imprisonment for his Vexation."

"I have here (saith the Writer) at large remembred this Case, to the end it may appear, both what Credit and Opinion of Conscience and Truth of Law ascribed to the Citizens of London; and also how careful and vigilant the Maior and Sheriffs have always been to preserve and uphold their Customs. Altho' sithence that only Custom was, for special Causes, abrogated by the Statute of 11 H.7. and an Attaint given in London."

"Moreover, we find it recorded in M. 2. E. 3. that whereas a Citizen of London brought an Appeal of Robbery, and the Defendant would have tried his Innocency by Battail, as he may in semblable Case against another Man, Wilby, then Justice, answered him, that he was not to have allowance of Battail in an Appeal commenced by a Citizen of London. For that by Custom of their City they were exempted from it. The like Appeal was sued, P. 20. E. 3. wherein the Defendant made offer of the same Tryal. And altho' he that sued the Appeal would have joined Battail without regard of this Franchise, the Lord Maior, with the rest of the Corporation, sued a Writ out of the Chancery, reciting their Custom or Franchise, and prayed Allowance of it, in disturbance of the Battail."

P. 20. E. 3. Cor. pl. 125.

What the Laws and Customs of this City were in the Times of the Saxons, we might have known, if the old Record called Doomsday, writ in Saxon, sometime kept in the Guild-hall, were extant. This Book was a Register of the Laws and Customs of the City, and also of the Names of the Portgreves, or Rulers and Guardians of London from William the Conqueror. But after, when the Laws and Customs were changed, it was laid aside, and less regarded; especially, it being writ in a small Hand, and worn with Age: Sore defaced, saith Fabian, it was at last embezelled and lost. And hence it comes to pass, that as we have no Footsteps of the Saxon Customs and Usages in London, so no Remembrance of such Rulers as were before King Richard I. except two or three retrieved by Stow.

Saxon Laws and Customs of London.

Fab. Chron. Vol. 2. fo. 1.

But here we shall first set down some few of the Laws and Customs (however imperfect) transcribed by A.M. out of a little Book printed 1562, for the Citizens Use, with various and large Improvements and Additions to them, to render them the more useful and beneficial to the Freemen and Inhabitants.

And first, we begin with the Statutes for keeping Cleanliness and good Order in the Streets.

There were formerly held in the City Assiza Nocumentorum, which were appointed for avoiding Annoyances or Nusances in the City, and for the keeping of all Lanes and Passages open: Wherein Informations were to be made of the Stoppages or Encroachments into the Streets by any jetty Buildings by Shops, Cellars, &c. And for these Assizes of Annoyances there were Carpenters and Bricklayers sworn. Cementarii & Carpentarii jurat. pro Assiz. Nocumentor. And an Order was made another time, that Hurds and Grees, and other Annoyances in the Streets be removed. And a Wall being built up once that stopt up a Passage from Paternoster Row to Blowbladder-street, at the Gate of St. Michael ad Bladum, i.e. St. Michael the Quern, (or rather at Corn) a Judgment was given to pull it down.]

Assiza Nocumentorum.

Lib. C. fo. 53.

Lib. F. fo. 105.

Lib. H fo. 84.

Now follow such Statutes for keeping the Streets clean, as are still in force.


The STATUTES of the Streets of this City, against Noysaunces.

 

1. NO Man shall sweep the Filth of the Street into the Channel of the City, in the time of any Rain, or any other time, under pain of six Shillings eight Pence.

2. No Man shall cast or lay in the Streets, Dogs, Cats, or other Carrion, or any noysome thing contagious of Air. Nor no Innholder shall lay out Dung out of his House, but if the Cart be ready to carry the same away incontinently, under pain of forty Shillings.

3. No Brewer shall cast wilfully Dregs or Dross of Ale or Beer into the Channel, under pain of two Shillings.

4. No Man shall encumber the Streets with Timber, Stones, Carts, or such like, under pain of Forfeiture of the same thing that so encumbreth the Streets, which is twenty Shillings Fine, if he amove it not at the Warning of the Serjeant of the Market.

5. Every Builder of Houses ought to come to the Maior, Aldermen, and Chamberlain, for a special License for a Hourd of forty Shillings, by him to be made in the high Street, and no Builder to encumber the Streets with any manner of thing taking down, for the preparing of his new Building, under pain of forty Shillings, except he make a Hourd of forty Shillings.

6. No Man shall set any Carts in the Streets by Night-time, under the pain of twelve Pence, and Recompence to such Persons as shall be hurt thereby, if any such be, twelve Pence.

7. No Budge-man shall lead but two Horses, and he shall not let them go unled, under pain of two Shillings.

8. No Man shall ride, or drive his Car or Cart atrot in the Street, but patiently, under pain of two Shillings.

9. No Man shall gallop his Horse in the Street, under pain of two Shillings.

10. No Man shall shoot in the Street, for Wager or otherwise, under like pain of two Shillings.

11. No Man shall bowl, or cast any Stone in the Street, for Wager, or Gain, or such like, under pain of two Shillings.

12. No Man shall dig any Hole in the Street for any matter, except he stop it up again, under pain of two Shillings, and Recompence to any Person hurt thereby, two Shillings.

13. No Man shall bury any Dung, or Goung, within the Liberties of this City, under pain of forty Shillings.

14. No Goungfermour shall carry any Ordure till after nine of the Clock in the Night, under pain of thirteen Shillings four Pence.

15. No Goungfermour shall spill any Ordure in the Street, under pain of thirteen Shillings four Pence.

16. No Man shall bait Bull, Bear, or Horse in the open Street, under pain of twenty Shillings.

17. No Man shall have any Kine, Goats, Hogs, Pigs, Hens, Cocks, Capons or Ducks in the open Street, under pain of Forfeiture of the same.

18. No Man shall maintain any biting Curs, or mad Dogs, in the Streets, under pain of two Shillings, and Recompence unto every Party hurt therewith, two Shillings.

19. No Carts shall be shod with Spig-nail, that shall come upon the Streets of this City, under pain of three Shillings four Pence.

20. No