case dame Susannah levuin a lunatic widow of sir William levuin decease by her  committee plaintiff george levuin Esq defendant Lord chancellor king Sel can  in Charles Eq can ab pl a freeman of London before marriage settle some part  of his personal estate upon his intend wife to take effect after his death  without mention it to be in bar of her customary part this will bar her of  such customary part sir William levuin a freeman of London leave a wife a  lunatic and no issue and leave his cousin George levuin his executor the  question be whether in case a freeman before marriage make a settlement of  part of his personal estate upon his intend wife this bar her of her customary  part and at the hear the late lord commissioner send it to the lord mayor and  alderman to certify what the custom of London be in this case on the that of  march the court of lord mayor and alderman have hear counsel on both side  certify that they do not find there be any custom of the say city by which a  woman who before her marriage with a freeman thereof accept of a settlement  upon her of part of her husband personal estate to take effect after her  husband death in case she shall survive he peer William without take notice of  the custom of London be or be not bar of a customary part of his personal  estate and therefore they submit the same to the determination of the court  the question send to the court of alderman to be determine be thus return to  the court of chancery the Lord chancellor king order the return to be quash  for uncertainty and that the lord mayor and alderman shall certify a direct  answer to the question affirmative or negative on the that of April lose the  court of lord mayor and alderman certify that have inspect some further  precedent which they be not apprise of before they do find that if a woman  before her marriage with a freeman of London accept of a settlement upon her  to take effect after her husband death in case she survive he of part of his  personal estate without take notice of the custom of London she be thereby bar  of her customary part of his personal estate and now it be object that this  return ought not to be receive because not sign by the recorder and that it be  reasonable where property of so great value as those which the citizen of  London possess be to be determine that the return shall be with the most  precise and exact certainty now one may be prevail on to say by parole what  the same person will not venture to give under his hand to which it be answer  that in the precedent in rastal and in cro car the king v bagshaw both peer  William which be certificate of the mayor and alderman the recorder make this  return over as far as et non aliter but note if the certificate be false a  action lie against the mayor and alderman and not against the recorder for it  be their certificate by the recorder hob day v savage and so likewise be the  opinion in salk the mayor of thetford case where holt chief justice say that  at commonlaw no officer be bind to sign a return and the statute of York  Edward c oblige a sheriff to do it but do not extend to mayor coroner or other  officer Lord chancellor the recorder be not bind to sign this return but do  former come to the bar in person and pronounce it over as far as and the mayor  or recorder be not within the statute of York so that the return be well  enough the reason of the custom in the present case seem to be for that the  wife do not here trust to the custom of the city of London for her provision  whereupon the Lord chancellor declare that the wife be in this case bar of her  customary part the precedent produce on this occasion and the first a very  remarkable one in respect of its consequence be as follow lib de antiquity law  h year de dowry woman London peer William er p eoden year die lumae neighbor  prius hokeday adjudge to be in guildhall quod mulier certan et specificata  dole provide with a dowry non to be able nec debet greater number to have de  catallis man Himself death how certan et specificat dowry Himself assignat  nisi de will man Himself hoe autem contingeba per margaretam relict John Vyel  older man who to strive for peer William in husting London tertian parten  catallorum speech man Himself per various short catalog domini king will Vyel  et Nich bat vic eoden year die lumae prius ad vincula consecrated Petri  accessit Henry de bay justice lord ring to let go at sanctum Martin magnum ad  audiend record quod that to be per complaint margaretae Vyel die lumae prius  hokeday year precedenti as in hoc rotulo prenotatur de quo judgment dictam  margareta complaint to be lord king et to come upon plegios ad proband mock be  falsehood unde quer ibidem in person mayor et fellow citizen attract away  there think over ac universes short catalog domini king who dictam margareta  impetivera bed et hearing dixit justice ego non form quod judgment this sit  falsehood send debilis be processus ill cum no one fit mention in think over  thither de summonitione opposite speech margaretae et cum Johannes Vyel man  that fecit will non pertineba ad your curian tale placitum to set bounds cives  to answer non to be necessary ad that summonend who good death to have cum  Self always set forth fuer to bring before see stare ad rectum speech  margaretae in curian our men et tandem to be able mock placitum terminate per  assent dictar a part nothing calumnianti et to strive for before Church rites  et as dominus king we per breve suum mock terminate precepit tandem many men  contention inter justiciar et fellow citizen factis dixit justice quod to  stretch out that in all respects lord king et council his et such to go back  postea ac only de causan that to take in hand dominus king community in manu  svan et peer William To bring together she per breve suum willo de Haverille  et Edro de Westminster ad custodiend spurt in vigil cognizant bartholomaei  unde major et fellow citizen to go to ad king at Woodstock to stretch out ei  quod nothing to fail et non to be able agreeableness he to gain one quare in  arrival the dawn at London preceding Willus de Haverille to take in hand  sancram de cleric et de universes to be a servant who to stretch out ad  viscount ut make real attendant ei mayor et viscount balliua svan such anotis  postea in die dominic ante holiday saint nariae To take back major et viscount  in shades of dead nest per freedom king et die act of giving be ad respondend  de prediction judgment in person ring et baron nest in tomorrow transportation  sciedri at west from the common sergeant office that Oct Robert Handcock a  freeman of London die and a inventory be exhibit of his estate one moiety  whereof which otherwise will have belong to his widow be by the custom to be  divide among his four unadvanced child for that the testator do covenant  before his marriage to leave his wife pound which be make a debt in the  inventory and allow out of his whole estate that April a inventory be take of  the estate of Thomas cook a freeman of London and a moiety of the say estate  divide among the child for that the widow be provide for by article of  agreement before marriage saint Nov a inventory be take of the estate of John  slaney and the widow part thereof be by the custom divide among the orphan the  widow be provide for by the settlement the first of August Hoketide hockday or  Hoctide murder diem watch to give up in memory all the Danes et die secretly  es simul in England where tum dominaba a woman before slayer vide spelman  glossary word Hocday et June etymologicum England in the margin of this entry  there be a note observe it to have be usual for this unhappy prince to seize  the liberty of the city into his hand it be to be observe that question touch  the custom of London will for the future happen less frequent than heretofore  it be enact by Geo cap that it shall be lawful for all person who after the  saint of June shall become free cc of the city of London and for all who at  that time shall be unmarried and not have issue by any former marriage to  dispose of their personal estate sect but if any person who shall be free of  the city have agree or shall agree by write in consideration of marriage or  otherwise that his personal estate shall be distribute accord to the custom of  the city or in case any person so free shall die intestate his personal estate  shall be subject to the custom sect peer William er p