coke b the case OF the city OF London hill James see Cox v hakes App Cas Kruse  v Johnson qb wagoner be arrest upon plaint in the mayor court in debt at the  suit of the chamberlain of the say city to a habeas corpus to have the body of  the say wagoner the return be there be a custom in the city of London that no  foreigner shall keep any shop or use any trade in London and there be another  custom that the mayor alderman and commonalty if any custom be detective may  supply remedy for it and if any new thing happen they may provide remedy for  it so it be salary of pastor et bon trust account consonant e tpro common  utilitale a citizen dict community et all another ad the same conflux that  king Edward by his letter patent grant that they may make bylaws and the  letter patent be confirm by Act of parliament and the return then show several  act of common Council make in the time of Edward and Henry for inhibit  foreigner to hold any shop or shop c and penalty impose and that after show  the day a Act of common Council be make that no foreigner shall use any coke  report a er p trade mystery or occupation within the say city nor keep any  shop there for retail upon pain of forfeit and give power to the chamberlain  to sue for it by action c in the court of the mayor and that such a day  wagoner use the trade fitted to the hand occupatio of make candle and a plaint  be levy and the defendant arrest hold the custom and the bylaw make to enforce  the observance of it be good semble the omit in the return to show that  wagoner sell any candle be supply by the averment that be use the trade fitted  to the hand occupatio SC brown habeas corpus east skin Lucas c Rep Q a raym  side Bulstr roll Rep style   c Wilson a habeas corpus be direct mich James out  of this court to the mayor alderman and sheriff of London to have the body of  James wagoner who be arrest in London and remain in the custody of they or  some of they sir Thomas campbell knight mayor of London and the alderman and  Sebastian Harvey and William Cokein sheriff of London make such a return that  the city of London be ancient community whoever it be in eaden community ankle  to have et a toto tempore pron  interrog  contrarian memory man non step forth  to have custom usual et to assent to videlicet quod si some custom in dictam  community obtent et approve in aliquan part difficile sive defective to step  out seu extiter or aliquan in eaden community de to make new to bring forth  where remedy prius non step forth seu to stand out ordinatus emendation  indigea sive indigerunt major et Aldermanni community prd pro tempore existent  de assent partnership the same community remedy a raym case in b r in the time  of Lord Hardw a unite bon trust et account consonant pro common usefulness a  citizen dict community et another trusty domini king nunc et ancestor of  oneself ad the same confluent to put at to be able et to be able ordinatus how  often et when the dawn to see expedir dumb yet in ranks hujusmodi lord king  nunc et ancestor nest et poplar tree silo useful et bon trust et consonant fit  account et of one another to make signs quod dictam custom et all men other  experience community prd a coke a tempore prd c usual authority parliament  domini richardi recently king England favorable post complaint at Westminster  year royal power Himself b brown b seven tent tune mayor et partnership the  same community et successor nest ratify et encouraged fuer et our Trfat major  et Aldermanni ac Vic community land prd beyond certificamus quod in common  council tent secundum consuetude to cause to go London in camera guildhalda  the same community Decimus quint die April year royal power domini our men  Jacobinunc king England c quarto per leonardum holiday soldier recently mayor  community land prd et the same community Aldermannos de assent partnership the  same community in eoden common council assemblat exist secundum prd experience  community prd ordinatus inactitat et make firm juit modus et form prout in  Anglican word to follow videlicet where by the ancient charter custom  franchise and liberty of the city of London confirm by sundry act of  parliament no person not be free of the city of London may or ought to sell or  put to sale any ware or merchandise within the say city or the liberty of the  same by retail or keep any open or inward shop or other inward place or room  for show sale or put to sale of any ware or merchandise or for use of any art  occupation mystery or handicraft within the same and whereas also Edward  sometime king of England of famous memory the three of that name by his  charter make and grant to the say city in the fifteen year of his reign  confirm also by parliament among other thing grant that if any custom in the  say city before that time obtain and use be in any part hard or defective or  any thing in the same city new arise where remedy before that time be not  ordain shall need amendment the mayor and alderman of the say city and their  successor with the assent of the commonalty of the same city may put and  ordain thereunto fit remedy as often as it shall seem expedient to they so  that such ordinance shall be profitable to the king for the profit of the  citizen and other his people repair to the say city and agreeable to reason  and whereas by force of the say custom franchise and liberty and of the  charter last before mention confirm as aforesaid by parliam coke report b er p  mean the lord mayor alderman and commons of the say city do the that day of  October in the three year of the reign of Edward some time king of England the  four as a thing think fit and convenient for that time among other thing agree  and ordain that the basketmakers gold wiredrawers or other foreigner contrary  to the liberty of the say city bolding open shop in diverse place in the city  and use a cart a mystery within the say coke b city shall not from thenceforth  bold shop within the liberty of the city aforesaid but if they will hold any  shop or dwell in the same liberty they shall dwell at blanch Appleton and  there hold shop so as they may have sufficient dwell there and where also the  lord mayor alderman and commons of the same city do afterward the that day of  may in the that year of the reign of our late sovereign Lord of famous memory  king Henry as a matter think fit and agreeable for that time ordain establish  and enact that no manner of person or person be estrange from the liberty of  the say city from thenceforth shall hold and keep any open shop within the say  city or liberty of the same neither with any lattice before nor yet without  lattice certain number of poor man occupy the seat of butcher tailor and  cobbler only except upon pain of imprisonment and also to forfeit and to pay  forty shilling to the use of the commonalty of this city as often as he or  they shall do the contrary and where also the lord mayor alderman and commons  of the same city do afterward the that day of January in the say that year of  king Henry that recite that where at a common Council hold the that day of may  in the that year of the reign of king Henry that it be ordain and enact that  no manner of person or person be estrange from the liberty of this city from  thenceforth shall hold or keep any shop or shop within this city or liberty of  the same neither with a that lattice before nor yet without any lattice upon  pain of imprisonment further ordain and establish that if any person or person  be foreigner shall hold and keep open any shop or shop as be aforesaid he  shall forfeit for every time so do forty shilling to be levy by distress to  the use of the commonalty of the say city by the chamberlain for the time be  or other officer of this city and also have imprisonment by the discretion of  the mayor and alderman for the time be now forasmuch as diverse and sundry  stranger and foreigner from the liberty of the say city nothing regard the say  ancient charter franchise custom or liberty of the say city and act and  ordinance heretofore make accord to the same but whole intend their private  profit have of late year devise and practice by all sinister and subtle mean  how to defraud the say charter liberty custom good order and ordinance and to  that end do inward in private and secret place usual and ordinary show sell  and put to sale their ware and merchandise and use art trade occupation  mystery and handicraft within the say city and liberty of the same to the  great detriment coke a and hurt of the say city who pay lot and scot hear  office and undergo other charge which stranger and other not free be not  Chargeable withal nor will perform for reformation of which disorder and for  avoid of such prejudice and damage as thereby grow to the freeman of the say  city and be now more of late than be in any time heretofore suffer and to  provide for the common profit and good of the freeman and citizen of this city  it be therefore by the lord mayor alderman and commons in this common Council  assemble ordain and establish that no person whatsoever do be free of the city  of London shall at any time after the Feast of saint Michael now next ensue by  any colour way or mean whatsoever either direct or indirect by himself or by  any other show sell or put to sale any ware or merchandise whatsoever by  retail within the city of London or the liberty or suburb of the same upon  pain to forfeit to the chamberlain of the city of London for the time be to  the use of the mayor and commonalty and citizen of the say city the sum of  five pound of lawful money of England for every time wherein such person shall  show sell or put to sale any ware or merchandise by retail within the say city  liberty or suburb thereof contrary to the true intent and meaning hereof and  it be far ordain and establish that no person whatsoever not be free of the  city of London shall at any time after the say Feast of coke report b er p  saint Michael now next ensue by any colour way or mean whatever direct or  indirect by himself or any other keep any shop or other place whatsoever  inward or outward for show or put to sale of any ware or merchandise  whatsoever by way of retail or use any art trade occupation mystery or  handicraft whatsoever within the say city or the liberty or suburb of the same  upon pain to forfeit the sum of five pound of lawful money of England for  every time wherein such person shall keep any shop or other place whatsoever  inward or outward for show sale or put to sale of any ware or merchandise  whatsoever by way of retail or use any art trade occupation mystery or  handicraft whatsoever within the say city or liberty or suburb of the same  contrary to the true intent and meaning hereof all which pain penalty  forfeiture and sum of money to be forfeit by virtue of this Act and ordinance  shall be recover by action of debt bill or plaint to be commence and prosecute  in the name of the chamberlain of the city of London for the time be in the  king majesty court to be hold in the chamber of coke b the guildhall of the  city of London before the lord mayor and alderman of the say city wherein no  essoign or wager of law shall be admit or allow for the defendant and that the  chamberlain of the say city for the time be shall in all suit to be prosecute  by virtue of this Act or ordinance against any offender recover the ordinary  cost of suit to be expend in and about the prosecution thereof and further  that one equal three part of all forfeiture to be recover by virtue hereof the  cost of the suit for the recovery of the same be deduct and allow shall be  after the recovery and receipt thereof pay and deliver to the treasurer of  Christ hospital to be employ towards the relief of the poor child to be bring  up and maintain in the say hospital and one other equal three part to he or  they who shall first give information of the offence for which such forfeiture  shall grow and prosecute suit in the name of the chamberlain of the say city  for recovery of the same any thing in this Act to the contrary notwithstanding  provide always that this Act or ordinance or any thing therein contain shall  not extend to any person or person for bring or cause to be bring any victual  to be sell within this city and the liberty thereof but that they and every of  they may sell victual within the say city and the liberty thereof as they may  lawful have do before the make hereof any thing herein contain to the contrary  thereof in anywise notwithstanding beyond and our prfat nunc major et  aldermanni ac viscount community pace certificamus quod ante arrival short  catalog speech domini king we steep et hic huic schedule annex throw wagoner  in shorten there nominal capacity to be in community prd et in prison speech  dom king nunc sub guard nostrum prfat vic detent to be army cujusdem bill  original drain off debt is owed super demand five a balance of coin England  versus Self die month September year royal power domini king nunc seven ad cur  prd dom ring in person humferedo wield soldier recently mayor et aldermannis  community prd in prd camera guildhalda ejusd community second consue community  prd tunc tent ad sectan Cornelius fish chamberlain community London super act  common council prd prd die April year prd ut prf confect affirm pron   interrog  indeed bill charioteer tenor sequitur in hc verbat scilicet  Cornelius fish camerarinus community London who die September year royal power  domini our men James nunc king England c seven et always postea thus far to be  et thus far step forth camerarinus dick community per robertum smith attorney  suum petit versus jacobum wagoner five libras of coin England quas ei debet et  qjuste to hold off c eastern quod cum in common council second consuetude  community pro in camera coke a guildhalda dict community situate in parochian  consecrated Michael in Bassieshaw in warda de Bassieshaw London prd Decimus  quint die April and royal power dom our men James nunc king England c quarto  vigor authority common council that order et make firm extilit quod no one  mask qucunque non to step out libre community London ad some time post holiday  consecrated mich tunc neighbor sequen per once color way or manner wherever  sive direct well indirect per see well per once other to stretch out to sell  or ad sale to put down aliquan merchandise or merchandisas qucunque per retal  infra community London freedom or suburb ejusd sub pna forisfacere chamberlain  community land pro tempore existen ad use majoris et common ac a citizen dict  community top five a balance of coin England pro whithersoever you please  tempore quo ankle mask to stretch out to sell or sale to put out aliquan  mercimovia or merchandisas per retal infra dict civital freedom or  suburVejusdeqn contra true thought right of way for cattle common council prd  at any time tunc et ibidem authority prd beyond ordivat et make firm extilit  quod no one mask wherever non to step out libre to cause to go coke report b  er p London ad some time post dictum holiday consecrated mich tunc prox  sequent for once color way or manner qucunque direct well indirect per see  well per once alian to hold aliquan shoppam or other locum quemcunque intra  well extra England inward or outward pro ostension vendition or position some  mercimonior or nerchandisarum whoever ad sale per way retal Anql by way of  retail or act  aiqua art artifice occupation mister or fitted to the hand  occupation whoever England any art trade occupation mystery or handicraft  whatsoever infra community land or freedom or suburb ejusd sub pna forisfacere  top five a balance of coin England pro whithersoever you please tempore quo  ankle mask to hold oliquam shoppam or alian locum quemcunque infra well extra  England inward or outward pro ostension vendition or position some mercimonior  or merchandisarum whoever ad sale per way retal or act  aliquan art art  occupation mystery or fitted to the hand occupation whoever England any art  trade occupation mystery or handicraft whatsoever infra dict community or  freedom or suburb the same contra true thought right of way for cattle prd at  any time tunc et ibidem authority prd beyond inactitatum to stand out quod all  men queen indeed pn pnalitate forisfactur et money breeding sow forisfaciend  army speech right of way for cattle sive row England ordinance to retake per  act debt is owed bill sive complaint commensand et prosequend nomin  chamberlain civil London pro tempore to step out in curian king grandeur coke  b tenant in camera guildhalda community London in person lord mayor et  aldermannis the same community in who null esson or law vadiatio admitteredur  or allocaretur pro defend et quod camerarinus dict community pro tempore to  step out in omnibus follow continually prosequend army dict act sive row  England or ordinance contra once offensorem to retake ordinary custag sect  expendend in et daughter of the Sun prosecationem the same et beyond quod One  cequalis tertian pars all forisfactur recaperand army dict act custag sect pro  recuperation earun existent deduct et allocate post recovery et reception ind  to loosen et to weigh well treasure hospital Christ to place here and there  choke to be employ towards power pauper a male child educandor et  manutenendorum in speech hospital et One alian cequalis terlia pars that well  strike against who at first dart information de collision pro who tale  forisfactur to rise England shall grow et prosequer sectan in nomin  chamberlain dict community pro recuperation earund to some place in speech  sharply contrar non to stand before prout per prd sharply common council prd  plene to be fluid prd yet defendens sharply common concillii prd too little  ponderan nec pnam in eoden contemtam aliqualiter to reverence post dict  holiday consecrated michaelis in sharply prd mentionat et ante affirmation  what bill primitive sure speech seven die of seven year royal power domini our  men James nunc king England c seven prd infra dict community London videlicet  in parochian consecrated christopheri London non to step out mask libre dict  community use be fitted to the hand occupation of a tallowchandler contra true  thought right of way for cattle common council pace per quod action to grow  progressively prfato quorenti ad petend exigend et habend de prfato defend  dict five libras modus petit quas dict defend prfato qurenti not yet to loosen  although scepius c ad damnum speech to express grief five undivided et ind to  lead forth sectan c super how indeed billam original paries prd placitaverunt  et such indeterminat to pay c et hc be only causan a deceiving et detention  prd James wagoner in prison et sub custodian prd how One cum corpore his in  person dict justice speech domini king at westmonaster ad diem in shorten prd  content parat to have One cum speech shorten prout we within per idem breve  prcipitur in this case it be resolve that the say custom of London that no  person whatsoever not be free of the city of London shall by any colour way or  mean whatsoever direct or indirect by himself or any other keep any shop or  any other place whatsoever inward or outward for show or put to sale of any  ware or merchandise whatsoever by way of retail or use any trade occupation  mystery or handicraft for hire gain or sale within the city of London be upon  the whole matter disclose in the return a good coke a a bridge Inst Carth a  custom a in Woolley and another vide burr it be hold that a bylaw to restrain  stranger from use a trade within a city be good and in the case of the mayor  of York v welbank barn and Ald the court hold that a custom that none but a  freeman or the widow or partner of a freeman shall sell by retail in the city  of York or the suburb be valid in law Vid note b chamberlain of London case    a a and that such establish coke report b er p cion make accord to the custom  allege in the return upon pain of forfeiture of be also good and as to that it  be resolve that there be a difference between such a custom within a city c  and a charter grant to a city e to such effect for it be good by way of custom  b Lutw salk roll Mod Rep   a b Bridgman cart b but not by grant and therefore  no corporation make within time of memory can have such privilege unless it be  by Act of parliament so a custom that good foreign buy c more keb roll post a  a Brownl Jones die pl c and foreign sell within a city shall be forfeit be  good as appear dyer mich Elizabeth but such privilege can begin by charter b  Acc king v corporation of Borton W Jones the corporation of weaver v brown cro  Elizabeth serjeant williams note king v Kilderby sand c b and therefore in the  five part of my report Trin Elizabeth between Waltham and Austin c I can find  any case in   Rep either of this name or on the point for which the case be  cite and in Inst the case be cite in the margin with a reference to this page  and not to   from which I infer that the reference here to   be mistake though  the edition of   in agree with this edition note in serjeant hill Copy c in  common banc the case be that king Henry VI grant to the corporation of a Inst  postea b palm side godb a dyer in London power to search c and if they find  any cloth die with logwood that the cloth shall be forfeit and it be adjudge  that by the patent no forfeiture can be impose on the good of a subject and  therefore in hujusmodi casub strong et potentior be usual custom how royal  permission so it appear by the Reg b the custom of Rippoll be quod archbishop  b Brownl Owen b Eborum ration diminii Himself de bipon ankle freedom in villan  prd to have et a tempore c to have quod nullus in ead villan in order that to  withhold seu to become used duty sive mystery tinctoris without freedom Self  archbishop but Trin Elizabeth in a action on the case between Edward darcy Esq  plaintiff and Thomas Allen defendant the case be that queen Elizabeth grant to  the plaintiff that he shall have the sole traffic with c Inst Brownl hob   b a  more c Noy c Inst keb hard roll postea case in law c Lucas c playingcards and  shall only import they from beyond the sea into this kingdom also that he  shall have the sole make of playingcards in this realm in such ample manner as  Ralph bow have it before and it be adjudge that the grant to make playingcards  only and to restrain trade and traffic be void because trade and traffic be  the life of every commonwealth and especial of a island and it be true trade  and traffic can be maintain or increase without order and government and  therefore the king may erect guildam a merchant I e a fraternity or society or  corporation of merchant to the end that good order and rule shall be by they  observe for the increase and advancement of trade and merchandise and not for  the hindrance or diminution of it and it be to be know that d Brownl d guildan  be a Saxon word and signify to loosen I e that all of such fraternity shall be  subject to pay scot and lot and therefore at this day such part of the country  which be contributory among themselves to pay common charge be call the  guildable and if there be any special liberty it be call the franchise e e  Brownl bull e a b Jeffere at hay bring a action of trespass against William at  ford and Robert grey that they wrongful with force have break his fold at  Hastings the defendant plead that Johan de Frichborn be coke b and yet be  seize of the manor of Hastings in fee and that the say Johan and her ancestor  and all the lord of the say manor who estate she have a tempore of whom c have  use to have this franchise coke report a er p I e to have a free fold I e  liberan faldam through the whole town of Hastings and to have a lock of wool  of the sheep so that none in the town of Hastings ought to have a free fold  without agreement make with her and if any do erect a fold without agreement c  that the lord for the time be have use to abate it and that Jeffere at hay the  plaintiff set up a new fold without agreement wherefore the defendant as  servant to the say Johan come and disjoin the hurdle and abate they c and  there Parning sergeant take two exception to this prescription that it be in  the negative sure that none ought to have a fold because every one of common  right may have a fold in his own land and therefore it will be against reason  to oust he out of that which the commonlaw give he and although he say that  the lord have use to have a free fold that be of common right also yet that  can take from a man that which common right give he et non allocatur because  the prescription contain a affirmative with a negative and every prescription  be against common right then the plaintiff reply and say that the defendant  have justify the abate of the fold by reason of the signiory of Johan to which  we say that the place where the fold be set be out of the lordship of Johan c  and no plea because the say Johan claim the say franchise through the whole  town of Hastings as well out of her lordship as within whereupon the plaintiff  make another replication by which case it appear that although fold of sheep  be for the maintenance of tillage which be S much esteem and favour in law yet  by custom and usage a man may be bar thereof upon his own land and another  than he of who the land be hold may have it and therewith agree e a John de  Sedgefords a Brownl a case where the prior of Trinity of Norwich lord of the  manor of Sedgeford make the like prescription mich Elizabeth in banc king sir  George b roll Leon Owen raym Brid Brownl Bulst Cr Elizabeth style roll Rep  light Rep b Farmour bring a action on the case against brook and show that he  be seize of the manor of Torcester in the county of Northampton in fee and  that all the tenement of the say town be hold of his say manor and show that a  tempt of whom etcetera he and all those c have have a bakehouse parcel of the  say manor maintain at their charge and that this bakehouse be sufficient to  bake bread for all the inhabitant and for all passenger through the same town  and the bread so bake have use c to be sell at reasonable prince and that no  other person within the say town have use to bake any bread to sell to any  person and it be adjudge coke a a reasonable custom by cro Cumberb Lucas  custom of London sir Chr Wray et totan curian and yet this custom restrain a  man from exercise his trade within a certain place vide king I h e d vide note  b chamberlain of London case   a d there be diverse custom in London which be  against common right and the rule of the commonlaw and yet they be allow in  our book and eastern rather because they have not only the force of a custom  but be also support and fortify by authority of a Cr car Hardr a parliament  they have a custom concern the arrest and imprisonment of the body of a man  that the creditor may arrest the b Hardr Br London b debtor before the day of  payment to drive he to find surety l e a h a and h h b e in brook ab London pl  and also in day v savage hob the custom be different state and it be there say  if a debtor become fugitive he may be arrest before the day of payment Vid vin  ab custom of London g Horton v Beckman TR Emmerson on the city court e they  have a custom to enter the house of another which be his c   a   b   a Cr  Elizabeth bull   a c castle and therefore the custom of London be that when a  chaplain or a priest have a woman in his house or chamber and one have a in  suspicion thereof he who have such suspicion may come to the constable of the  ware coke report b er p d hard Br trespass Br London Br custom d or beadle and  with he may enter into the house or chamber of the chaplain or priest and  commit the offender to prison h b h by their custom the good of a man in which  he have a absolute property may be forfeit as in the case before of foreign  buy and foreign sell they have a custom which alter the course of justice sure  where a action be bring before one judge to remove it pen the plea before  another as h a in a action of debt on a escape of a man take by capias on a  statute merchant ab the plaintiff suit the defendant say that the custom of  London be that where a plaint be affirm before the sheriff of London e Inst h  b a Fitzherbert prescription Br London Br custom e that the mayor at the  suggestion of the plaintiff or defendant may send for the party and if it be  find on examination before the mayor that the plaintiff be satisfy he may  award that the plaintiff shall be bar and that the plaintiff affirm a plaint  of this matter and be examine before the mayor and on examination it be find  that part be pay and that the plaintiff have take a bind for the residue  therefore the mayor award that he shall be bar and it be adjudge that the  custom be good for that examination be pen the action and e contra if they  prescribe to examine it after f hard Inst f judgement vide e b executor charge  in London on a simple g   b Cr Elizabeth Noy Swinb postea a g contract  Elizabeth dyer in London the mayor h die pl   light b h who be the coroner  shall not pronounce the judgement upon the outlawry but the recorder and many  exception be take to the return because the custom allege in the beginning of  the return be not pursue for the custom there allege consist upon two general  part sure the mischief and the remedy the mischief be three if any be  difficult if defective if a new case arise which emend to need the remedy be  that the mayor and alderman with the assent of the commonalty have power by  the custom coke b to put at remedy which remedy ought to have five quality  remedy debet be salary of pastor it ought to have fit proportion and congruity  it ought to be bon trust consonant it ought to be account consonant pro common  usefulness a citizen et another trusty ad the same community conflux quod sit  utile king et poplar tree and it be object that the say constitution appoint a  remedy which have but one of the say five quality for it provide only as  appear by the express word of the constitution for the benefit of the freeman  of the say city sure for avoid of such prejudice and damage as grow to the  freeman of the say city c and to provide for the common profit and good of the  freeman and citizen of this city it be therefore c by which it appear that  this remedy be only make for the freeman of the city and so not pursuant et  non allocatur because it appear to the court that this remedy have all the say  five quality and therefore it be resolve that it need not be aver by the party  vide e b no price a   b Doct pl Fitzherbert brief Br faux Latin c e a a of  money shall be express in the writ because it appear of itself h the son b   b  Plowd b Doct pl h a Br Mortdancester   b   a b within age bring a assize of  mortdancester be need not aver that it be within the time of limitation for it  appear vide blow Com c   b c partridge case the same ground vide h guard d   b  d c but for the better understanding of the true reason of the resolution in  this case first it be observe that one may be libre e Brownl Inst Anders  Bulstr Kep e a human being that be a freeman of London by three way sure by  service as he who serve his apprenticeship by birthright as he who be the son  of a freeman of London by redemption that be by allowance coke report a er p  of the court of mayor and alderman and all these three way be allow by the  custom of the city of London and by no other mean cana man become a freeman of  London for none can be make free of the city of London by charter and  therefore it appear in rot pat e in Turri London that king Edward III grant to  John f Brownl f Falcount de a city of Etruria apothecary citizen of London  quod ipse omnibus freedom quas fellow citizen community prd to have eaden  community et alibi infra kingdom nostrum England to have gandeat et act  et  quod de three denarius de libra et omnibus other prstationibus et custumis  quas different de good et merchandisis nest infra ring England to loosen to  hold de not common with others good et merchandisis Self john infra idem regn  ad totan vine svan sit quietus et quod plus how some fellow citizen our men  London indigen pro custumis merchandisarum et another will do you much good of  oneself we to loosen to loosen non to hold nee ad hoc aliqualiter to turn the  war thither but all these word do not make he a freeman of London for he ought  to attain unto it by one of the say three way accord to the say custom and it  be say that he be the first apothecary that ever be in this kingdom coke a and  it be resolve that it appear that the remedy appoint by the say constitution  have all the say five quality quod remedy prd to be salary of pastor that be  apt and portionable to the offence for it appear by Act of common Council in  Edward which inflict the penalty of S upon a foreigner who keep a open shop c  that he who keep a inward shop be a great offender than he who keep a open  shop for London be a market a Brownl   b dyer pl Cr Elizabeth h b more Inst  Poph Anders Anders   b   b a overt every day except only the b   b Cr James  jenk cent Jones Cawly die pl hale pl   brown b sabbath day but secret place in  corner as the case of the say James wagoner be be more dangerous and offensive  than outward shop for there he may use deceit and be not subject to any search  c   b   a brown Leon c who male stir about hate lucen and in all respects  fault in area free from obstacles leviora are in h a b the prior of Dunstable  bring a action on the case against I b butcher and declare that he be lord of  the town of Dunstable and that be c have a market twice in the week and the  correction of the say market and that all butcher and all other who sell meat  or any other commodity which come to the say market that they ought to sell  they in the high street of the say town upon the prior stall pave d to the  prior and that the defendant be a butcher and sell his meat such a market day  within his own house occult and have procure other so to do by which c the  defendant plead that he be a householder in the say town of Dunstable and all  those who be householder in the say town of Dunstable have use a tempore pron   interrog  c to sell their ware c every market day in their own house or where  ever else they please and there Cotesmore who give the rule in the case and  the reason of it say this prescription be not to the purpose for if the prior  have a market within the town and be lord of the town you can prescribe to  sell meat in your own house on the market day f Acc Br prescription roll ab  market c p vin ab market h contra roll ab custom e pl vin ab custom e pl Vid  bailiff of Tewkesbury v diston east f for the market can be but in a open  place and the prior then will lose the benefit of his market if they may sell  their ware in their house and also where he have the correction of the market  and to see if the thing which shall be sell be lawful and vendible which can  be try by his officer if it be not in open market and also he will lose his  toll of the thing sell so that when the market belong to the prior which ought  to be hold in the marketplace appoint for that purpose he can t r hold a  market in his own house but in the common place upon the marketday wherefore c  and as it have be say London have a market every day in the week Sunday only  except vide mich coke report b er p and Elizabeth in the five part of my  report a a constitution d roll Leon hob more Jones Cr car treb argument in quo  warranto pollexfen argument in quo warranto I hard lane Bridgm roll Rep roll  brown d in London that all broad cloth by citizen or foreigner shall be put up  to sale at Blackwell hall so that it may appear to be saleable g Vid note b  chamberlain of London case   a g and note there a penalty inflict for the  restraint of a lawful act but here of a unlawful and therefore if a foreigner  who keep a open shop shall forfeit forty shilling he who be a foreigner coke b  and offend in secret corner be worthy to forfeit and it be also observe that  the value of a ounce of silver since Edward have be raise also remedy to be  salary of pastor in respect of the manner of punishment see by impose a  pecuniary pain and not a corporal pain see imprisonment and therewith agree  the say case of Blackwellball mich and Elizabeth and Trin Elizabeth n the five  part of my report fol a clark case a Inst roll more bull style roll Jones Cr  argument brown bridge a a constitution can be make on pain or imprisonment h  Vid note a clark case   a h and the case cite before of Trin Elizabeth inter  Waltham b ante a palm Inst dyer b in marge b and Austen that a constitution  can be make on pain of forfeiture of good therefore it ought to be on a  reasonable pecuniary pain or not at all remedy to be bon trust consonant for  the remedy be to suppress that which be do mala fide and in deceit to defraud  the say custom remedy to be account consonant for it be the rule of law and  reason quod c brown c clam delinque to greater extent punish how openly remedy  to be pro usefulness a citizen et another a citizen for foreigner be not  subject to scot and lot c another for the confluence of people from all the  part of the realm to London produce three great inconvenience de pauperationem  know impoverish of all the good town in England de plundering depopulation of  town in every country destruction destruction in the end of all trade and  tradesman in every part of the realm civiam et another by the pestilence by  reason of the multitude of people and pester of the air whereby it be  dangerous not only to the subject but also to the king himself and the great  lord who attend upon his royal person remedy to be utile king et poplar tree  not only for avoid the pestilence as before be say but also if London shall  daily increase it will be in time so populous that it will become governable  by the magistracy of the city and as when the city of London which be tanquam  d post a d epitome all royal power be not well govern all the part of the  kingdom find the inconvenience thereof so when this city be well govern all  the part of the kingdom be keep in better order quod utile be king et poplar  tree also the city will become so populous that it will not be subject to  search c whereby frond and deceit will increase in all ware and vendible  commodity not only to the prejudice of the city itself but also of the king  and the whole realm second it be object that the say return consist much in  recital which ought to have be direct and certain allege to which it be answer  and resolve that this be not on a demurrer in law but a return on writ of  privilege upon which no issue can be take or demurrer join neither upon our  award herein do any writ of error lie and therefore the coke a return be no  other but to inform the court of the truth of the matter in which such a roll  Rep precise certainty be not require as in plead three it be object that by  the statute of e c and e c e c c it be enact that every one may sell any  commodity or thing saleable in any city c in gross or by retail coke report b  er p and that every statute charter letter patent proclamation usage allowance  or judgement to the contrary be void to which it be answer and resolve that  the statute extend only to merchant alien and denizen which import and export  vendible thing and do not extend to take away the custom of a city of foreign  buy a ante a brown die pl more roll sand Cr Elizabeth a foreign sell as it be  resolve ut above mich and I Elizabeth dyer in the case of the city of York and  vide the statute of r cap which restrain the sale of ware by retail c by  merchant alien c these statute do not extend to tallowchandler or other such  like artificer nor to any manufacture make by they within the realm it appear  by the judgement of the whole parliament year b lmst b Henry cap that  notwithstanding all the say statute it be not lawful within the city of London  the charter whereof be establish and confirm by many parliament for any he be  merchant alien denizen or other liege man whatsoever who be a stranger or  foreigner to the liberty of the city of London sure who be not a freeman of  the say city to sell any merchandise by retail c within the say city and by  the same Act it be ordain and establish that as well the draper and seller of  clothes as other merchant with other merchandise as wine iron oil wax and  other thing appertain to merchandise be free to sell in gross their  merchandise sure their clothes iron oil wax and other their merchandise as  well to any of the king subject as to the citizen of London notwithstanding  any liberty or franchise grant to the contrary which Act have be make in vain  if the city of London have be restrain by the say former act but because the  say Act do tend to the great hindrance of the mayor and citizen aforesaid and  very like to be the destruction of the citizen and against their grant and  confirmation as the next parliament sure year c Inst cotton record c Henry a  Act of parliament not print be make which be to be see in rot parliament at  glou of the eighth month year Henry in these word follow item the commons pay  that as by diverse king of England your progenitor and predecessor our  sovereign lord by their charter confirm by you by authority of parliament  among other franchise and liberty to the coke b mayor and citizen of London  and their successor it have be grant that no merchant estranger to the liberty  of the say city shall sell any merchandise within the liberty of the say city  to other merchant stranger nor such merchant stranger shall buy of other  merchant stranger any merchandise under forfeiture of the say merchandise  which franchise and liberty the say mayor and citizen of London which now be  and their predecessor by authority of the say grant and confirmation have have  and enjoy ever since till at your last parliament hold at Westminster in the  which by authority of the same parliament their say article of their say  liberty be revoke and annul by statute so that as well draper and seller of  cloth as other merchant with their diverse merchandise as wine iron oil and  wax and other thing belong to merchandise be free to sell in gross their  clothes and other their merchandise aforesaid as well to any of the king liege  people as to the say citizen of London notwithstanding any franchise or  liberty grant to the contrary to the great prejudice of the mayor and citizen  aforesaid and the likely destruction of the say citizen against the grant and  confirmation aforesaid that it will please you our sovereign Lord with the  assent of the lord spiritual and temporal in this parliament to repeal and  annul the say statute in your say last parliament touch that article so that  the say mayor and citizen and their successor be entire restore to their say  liberty and franchise by statute so that from henceforward no merchant be a  stranger to the liberty of the say city sell any merchandise within the  liberty of the say city to other merchant stranger nor that such merchant  stranger buy of other merchant stranger any such merchandise within the  liberty of the say city under forfeiture thereof save and reserve to all lord  knight esquire and all other liege denizen of our sovereign Lord the king  power at their will to buy within the liberty of the say city of any merchant  coke report a er p stranger merchandise in gross to their own use so that they  do not sell they again to any other the king will that the citizen of London  have their liberty and franchise touch this article as entire as they have  before the last parliament hold at Westminster the statute make at the say  parliament notwithstanding notam reader this Act be not only a good exposition  and explanation of the former statute coke a touch this matter but also a good  demonstration of the custom and liberty of the city of London in these point  in London a citizen and freeman may by their custom devise in a Bulst roll  dyer pi b pi Br cust Br day h b h a ass a mortmain I Vid note a the warden and  commonalty of saddler case   b I notwithstanding the statute of mortmain be to  the contrary and so in other like case vide h b h h a Edward b ass h a h a  Elizabeth dyer for all the custom of London be establish and confirm by Act of  parliament as appear by this return and it be observe that in the case at bar  in the say return there be five general part I the custom the general Act to  enable and preserve this custom which be before all the say statute a  particular charter year Edward which of itself be not sufficient and therefore  it be confirm and establish by Act of parliament former precedent of  constitution in the like case videlicet three e and Henry the constitution  upon which the action be bring in London but the court take advisement upon  one part of the retorno by which it be aver quod jacobus wagoner use be fitted  to the hand occupation de tallow chandler c and do not show that be sell any  candle c for if he make they for his own use a bridge   a hob more Cr car jenk  cent   palm light Rep a without sell any for lucre or gain he may well do it  as every one may bake or brew c for his own use without sell bread or beer but  it seem that be imply by the say averment that it be his trade king in the  report of this case in Brownlow Vol h p it be say that wagoner be deliver and  not remand because the return be only that be keep a shop and use the mystery  of make candle but if the return have be that be use the trade of tallow  chandler this have be good king by which he life by sale of his commodity of  his trade and not only to make they or his own use for it be not proper say  that one use a manual occupation when be make no more than for himself as he  who brew or bake for his own use it be not proper say that he use the manual  occupation of a brewer or baker and that appear by the statute of Elizabeth  cap b   a more godb hard cart palm hob roll Rep side keb Bulstr roll Rep  calthorp Bulstr style Cr James Cr Elizabeth Cr car roll Jones Noy hut   b b  for there it be enact that every person be a householder and fourand twenty  year old c and use and exercise any art mystery or manual occupation shall c  have and retain c a apprentice c but without question he who use the make of  any manufacture for his own use as make of candle c can retain any apprentice  within the statute of Elizabeth so in another part of the Act it be enact that  it shall not be lawful to any person or person c to set up occupy use or  exercise any craft mystery or manual occupation except he shall have be bring  up therein seven year at the least as a apprentice c l by stat Geo c recite  that whereas by a Act pass in the five year of the reign of her late majesty  queen Elizabeth entitle a Act contain diverse order for artificer labourer  servant of husbandry and apprentice it be enact that from and after the first  day of may then next come it shall not be lawful to any person or person other  than such as do then lawful use or exercise any art mystery or manual  occupation to set up occupy use or exercise any craft mystery or occupation  then use or occupy within the realm of England or Wales except he shall have  be bring up therein seven year at least as a apprentice nor to set any person  on work in such mystery art or occupation be not a workman at that day except  he shall have be apprentice as aforesaid or else have serve as all apprentice  as aforesaid shall become journeyman or hire by the year upon pain that every  person Willing offend or do the contrary shall forfeit and lose for every  default S for every month and whereas it be expedient that so much of the say  Act shall be repeal it be enact that so much of the say recite Act shall be  and the same be hereby repeal and declare to be null and void to all intent  and purpose whatsoever by S it S enact that this Act or any thing herein  contain shall not extend or be construe to extend to defeat alter or prejudice  the custom and order of the city of London concern apprentice or the ancient  custom usage privilege or franchise of the say city or of any other city town  corporation or company lawful constitute or the citizen and freeman thereof or  any bylaw or regulation of any corporation or company lawful constitute l coke  report b er p and yet he who bake brew make candle c for his own use be not  say in law to use any manual occupation and upon this branch and much to this  purpose a judgement be give in the court of exchequer and afterward affirm in  a writ of error in the exchequerchamber mich coke b James and the case worthy  to be know be such tailor do inform in the exchequer on the statute of  Elizabeth c tam pro dom ring how pro he himself against a Cr James jenk cent    Shoiles case m throw a Shoile that he have exercise the art and mystery of a  brewer c for diverse month against the say Act and salk palm aver that the  defendant do not use or exercise the art or mystery of a brewer at the time of  the make of the say Act nor have be a apprentice for seven year at the least  in the art and mystery of a brewer accord to the say Act c the defendant  demurrer in law upon the information and judgement be give against he by the  baron of the exchequer on which judgement a writ of error be bring in the  exchequerchamber and mich James king the matter be argue by counsel on both  side and two error be assign one that a brewer be not within the say branch of  the say Act on which the information be conceive for the word be that it shall  not be lawful to any person or person other than such as now do lawful use or  exercise any art mystery or manual occupation to set up use or exercise any  art mystery or occupation except he shall have be bring up therein seven year  at the least as a apprentice and it be say that the trade of a brewer be not  any art mystery or manual occupation within the say branch because it be easy  and present learned and need not have seven year apprenticeship to be instruct  in it for every housewife in the country can brew and the statute of b   b en  cap declare that a brewer be not a handicraft artificer the other error be  that the say averment be not sufficient for the c   c averment ought to be as  general as the exception in the statute be know that the defendant do not use  any art mystery or occupation at the time of the make of the Act for by their  pretence if he exercise any art mystery or manual occupation then as a tailor  carpenter c he may now use any other art mystery or manual occupation  whatsoever as to the first it be resolve that the art of a d palm Cr James    hetl Bulstr jenk cent d brewer sure to keep a common brewhouse to sell beer to  any other be a art mystery and manual occupation within the say branch of the  Act for in the beginning of the Act it be enact that no person shall retain  for less time than a whole year in any of the science craft mystery or art of  cloth c baker brewer c cook c so that by the judgement of that very parliament  the trade of a brewer be a art and mystery which word be in the say branch  upon which the say information be ground and it be resolve that he who brew or  bake c for his own a light Rep   a bridge   a hob more Cr car jenk cent   palm  a use do not use or exercise any art coke report a er p mystery or manual  occupation against the say Act for the say word imply that he coke a so use or  exercise the art mystery or manual occupation that by sale of the commodity of  his occupation be get his live but to say that it be not any art mystery or  manual occupation because every housewife brew for her b light Rep cro James  cro car   a   Bridgm hob more jenk cent palm b private use so likewise she  baker and dress meat c and yet none can keep a common bakehouse or cooksshop  to sell to other unless he have be a apprentice c accord to the say Act for  they be express name also in the Act as art and mystery and the Act of Henry  explain that a brewer baker chirurgeon c   c or scrivener alien c be no  handicraftsman within the purview and intention of certain penal law but that  do not prove that they be not art or mystery for art or mystery be more  general than handicraft for that be restrain to manufacture but not within the  penalty of the say statute and it be no question that in truth they all be art  mystery or manual occupation as to the second it be resolve that d   d the  intent of the Act be that none shall take upon he any art mystery or manual  occupation but such in which he have skill and knowledge and therefore the  statute intend that he who use any art mystery or manual occupation at the  time of the say Act may use the same art or mystery for e   light a   a     e  quod whoever it be to get knowledge of in hoc see to drive and the word of the  say branch be as now do lawful use c and it be say that it be f   f very  necessary that brewer shall have skill and knowledge in brew good and  wholesome beer for that do much conduce to man health and so the first  judgement be affirm and in this case at the bar as well by the sergeant as by  the justice in their argument much be say of the antiquity of the city of  London Ammianus marcellinus who write about year pass say that then it be g  Inst Brownl g town old Cornelius Tacitus who marry the daughter of Cneius  Lucius Agricola and who be in this kingdom with Agricola seven year say quod  londinum tempore the warm baths of Nero which be above year ago be h Inst  Brownl h copy wholesale trader or dealer et supplies maxim celebre and omit  all that I Inst I Stephanides who write in the reign of Henry two have say of  the honour and antiquity of this city I say quod hc be camera king cor  reipublic et tanquam king before b king epitome all royal power see Carthew