CAMERA REGIS, Or, A SHORT VIEW Of LONDON, Containing the Antiquity, Fame, Walls, Bridge, River, Gates, Tower, Cathedral, Officers, Courts, Customs, Franchises, etc. of that Renowned City. Collected out of Law & History and methodised for the Benefit of the present Inhabitants. By JOHN BRIDAL, Esq Imperium Regis Salus per quam Civitas Subsistit Imperium Regis Decus per quod Civitas Floret LONDON, Printed: for William Crook at the Green Dragon without Temple Barre 1676. TO THE LOYAL LONDONERS. SIRS, THE subject of this small Treatise may justly entitle its self to your Patronage; for seeing some Circumstances, relating to renowned London fill up the ensuing Sheets, the Dedication thereby becomes no less an act of Justice, than Civility. Under whose protection indeed ought any thing, respecting the Honour of this Metropolis see the Light, but under yours! But besides the Consideration of your interest, the known Candour, and Ingenuity, the worth, and Endowments of your now Lord Mayor, of his immediate, and others his Predecessors, since his Majesty's Restauration, do not only invite, but command all ingenuous Addresses, as must be confessed by every one, who has had the least Taste of their generous, and obliging Conversation. And though what is here presented, be of no Considerable worth, yet your Acceptance thereof, will enhance its value, And so recommend it to the world, as that it will be loath to censure, what you have once deigned to approve, not to be too troublesome, My Aim in the Publication, is the benefit of you, the present Inhabitants; And my Ambition in the Dedication, is to give the world a Testimony, that I am, SIRS, Your most Obliged Servant JOHN BRIDAL. Whitehal 15. Nou. 1675. CAMERA REGIS: OR, A VIEW OF LONDON. BEfore I come to present the Courteous Reader a view of the most renowned City of London, it will not be much amiss to premise somewhat, concerning the Description of the words, Civitas, Vrbs, Oppidum, etc. The definition of a City, and a Corporation; the Commencement of Corporations, the Causes, why Cities were at first instituted, and lastly the number of Cities within this Realm. 1. Of the words Civitas, Urbs, and Oppidum. THe same place (says one) is called Vrbs, Civitas, and Oppidum; it is called Civitas in regard that it is governed in justice; and order of Magistracy: Oppidum, for that there are therein great plenty of Inhabitants: and Urbs, because it is in due form begirt about with Walls. Latches Reports Le Roy verse. Mayor of Oxford. The Walls, says another, do not make the City, but the Men; Maenia, & Edificia faciunt Urbem, homines faciunt Civitatem. Co. Littl. 109.8. Civitas and Urbs, says a third Person, in hoc differunt, quod incolae dicuntur Civitas; Urbs vero complectitur aedificia, but with us, the one is commonly taken for the other. In the Civil Law we find it thus written, D. 50.16 2. de verborum signif. touching Vrbs and Roma. Urbis appellatio muris: Romae autem continentibus aedificiis finitur, quòd latiùs patet. D. 50.16.87. Ut Alfenus ait, Vrbs est Roma, quae muro cingeretur. Roma est etiam, qua continenti aed ficia essent. Nam Romam non muro tenus existimari, ex consuetudine cotidiana posse intelligi, cum diceremus Romam nos ire, etiam si extra urbem habitaremus. 2. What a City, what a Corporation is. A City, in Latin Civitas, Co Littl. ●. 109. B. and in Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, is a Borough incorporate, which hath, or have had a Bishop; and though the Bishopwrick be dissolved yet the City remainerh: And therefore in 35. Eliz. c. 6. Westminster is called a City, notwithstanding that now it hath no Bishop; and in 27. ejusdem Cap. 5. (of Statutes not in print.) Westminster is alternatively called a City or Borough. It appeareth by the Statute of 35. H. 8. c. 10, That then there was a Bishop of Westminster. Grotius thus defineth a City, Lib. 1. c. 1. nu. 14. de jure bell● ac pac. Civitas est coetus perfectus liberorum hominum, jurisfruendi, & communis utilitatis Causa sociatus; hence Civitas is, quasi Civium unitas. It is said before, that a City is a Borough, or Town incorporate, now a Corporation is a permanent thing, that may have succession: And it is an Assembly, and joining together of many into one Fellowship, Brotherhood, or mind; whereof one is Head and Chief, the rest are the Body, and this Head and Body knit together, make the Corporation. 3. How a Corporation doth commence. A Corporation, or Body incorporated, Co. Lit. 250. a may commence and be established three manner of ways, viz. by Prescription, by Letters Patents, or by Act of Parliament: and let the Body incorporate commence which way it will, it must be first derived from the Royal Authority and Licence of the Kings of England: For without it Corporations, be they Spiritual or Temporal, are mere chimeras, fictitious, and illegal Societies, erected contrary to the Laws and Constitutions of the Kingdom. In proof of this matter, Co. lib. 10.33. b. 49. E. 3.4. vide 9 H. 6.16. b. Co. Lib. 4. adam's and Lambert's Case, fol. 107. b. Co. 3. Inst. 202.49. Ass. pl. 8. le Case de Whittawers. Co. lib. 8. f. 125. the Case of London. With our Law doth concur the Laws Imperial. D. 3.4.1. Collegia Romae certa sunt, quorum corpus Senatusconsultis, atque constitutionibus principalibus confirmatum est: veluti pistorum, & quorundam aliorum, & naviculariorum, qui & in provinciis sunt. Collegia siqua fuerint illicita mandatis, & constitutionibus, D. 47.22.3. & Senatusconsultis dissolvuntur. In summa nisi ex Senatusconsulti auctoritate, vel Caesaris, Collegium, vel quodcunque tale corpus coierit, contra Senatusconsultum, & mandata, & constitutiones Collegium celebrant. Note, London, our famous City, is a Corporation by prescription. Co. 2. Inst. f. 330. 4. How Corporations are divided in our Law. EVery Body politic, or Corporation, is either Ecclesiastic or Lay: Ecclesiastical, either regular, as Abbots, Co. Lit. f. 250. a. Priors, etc. or secular, as Bishops, Deans, Archdeacon's, Parsons, Vicars, etc. Lay, as Mayor and Commonalty, Bailiffs and Burgesses, etc. Also every Body politic, Co. lib. 3. f. 73. in the Case of the Dean and Chapter of Norwich. or Corporate, is either elective, representative, collative, or donative. And again it is either sole, or agregate of many. This Body Politic or Corporate, aggregate of many, is by the Civilians called Collegium Vniversitas, Collegium sodalitium, and Municipium. 5. Why Cities were at first instituted. IN the time of William the Conqueror it is declared in these words, Item nullum mercatum vel forum sit, nec fieri permitratur nisi in Civitatibus regni nostri, & in Burgis clausis, & muro vallatis & Castellis, & locis tutissimis, ubi consuetudines regni nostri, & jus nostram common: & dignitates Coronae nostrae, quae constitutae sunt à bonis praedecessoribus deperire non possunt, nec defraudari, nec violari; sed omnia rite, & per judicium, & justitiam fieri debent: & ideo Castilia & Burgi & Civitates sunt & fundatae, & aedificatae, Sc. ad Tuitionem gentium, & populorum regni, & ad defensionem regni, & idcirco observari debent cum omni libertate, & integritate, & ratione. Out of this same Record we may pellucidly and clearly collect, that Cities, Towns or Boroughs were instituted for three purposes. Sc. First, Ad consuetudines regni nostri, & jus nostrum commune & dignitates coronae conservand. Secondly, Ad Tuitionem gentium, & populorum regni; and Thirdly, Ad Defensionem Regni; This in three particularities. 1. For conservation of Laws, whereby every man enjoyeth his own in peace. 2. For Tuition and defence of the King's Subjects, and for keeping the King's peace in time of sudden uproars. 3. For defence of the Realm against outward and inward Hostility. Thus much out of our own Records, I now come to speak somewhat of this matter, that I have seen in foreign Authors. Tully says thus, Hanc ob Causam maximè, ut sua tenerentur Respublica & Civitates constitutae sunt, nam etsi, Lib. 2. de Offic. duce natura, congregabantur homines, tamen spe Custodiae rerum suarum urbium praesidia quaerebantur. Aristotle thus, 1 Pol. 2. Civitas a natura profecta est, homo animal aptum est ad coetus proinde Civitatis Origo ad vivendum, institutio ad bene vivendum refertur. In Pol. Arist. lib. 3. Donatus Acciaiolus speaks in this manner; Civitas constituitur, aut propter possessiones, aut ut simul vivatur, ut aut contrahat Societatem belli causa, ut propter commercia, aut propter saelicitatem, & bonam vivendi rationem. By these authorities, foreign and domestic, it appears, that Cities, and Towns, were at the first invented, to the end that men might lead a civil Life amongst themselves, and be saved harmless against their Enemies. 6. and lastly, The number of Cities in this our Kingdom. CAssaurus writeth, that France hath within the Territories thereof 104. Cities, and he giveth this reason of that his saying, because that there are so many Sees of Archbishops and Bishops: Co. Lit. f. 109.6. So say we, that there be within England, two Archbishopwricks and 23 other Bishopwricks, therefore so many Cities there be, and Westminster, and my Lord Coke Alma Mater, being added, there are in all within England 27 Cities, Thus much for Cities and Towns in general. I now purpose to speak more particularly concerning the renowned City of London: in relation to which famous Metropolis, I shall presume to offer the Reader these particulars, 1. The Origination, or Etymology of the word London. 2. It's several Appellations. 3. The Antiquity of this City. 4. It's Fame for Trade and Traffic. 5. The honourable Titles that have been and are given to it. 6. The walls thereof. 7. It's River. 8. It's Bridge. 9 Its Gates. 10. It's Tower. 11. It's Cathedral. 12. It's Division and Extent for the better Government thereof. 13. The Reason, why the Archbishop never makes any Visitation in London Diocese. 14. Its Governors and Officers. 15. It's several Courts. 16. Its Customs. 17. and lastly, The Liberties, Franchises, and single Rites of this most glorious City. SECT. I. Of the Origination or Etomology of the word London. TOuching the name of London, from what occasion the City should be so denominated, divers Author's conceit diversely. Some are of opinion, that London took the name of Ludstone; for King Lud not only repaired this City, but also increased the same with fair buildings, Towers, and Walls, and after his own name, called it Cair Lud, i. e. the Town of Lud, and the strong Gate, which he erected, in the west part of the City, he likewise for their own honour and reputation named it Ludgate. Others say, it is so called from the word Llhwn; for seeing Caesar, and Strabo do write, that the ancient Britain's called those woods, and Groves by the names of Cities, and Towns which they had fenced with Trees, cast down and plashed, to stop up the passage; and seeing that such Woods or Groves are in the British tongue named Llhwn, they are in inclined to the opinion, that London thence took name, as one would say, by way of excellency, the City, or a City thick of Trees. Again, Others are of opinion (which seemeth to be the most probable) that whence London had the same, there also it took the name, even from Ships which the Britain's in their dialect call Longh; so that Londinum may seem to sound as much as a Ship Road, or City of Ships: for the Britain's term a City Dinas, whence the the Latins have fetched their Dinum. And hence it is, that elsewhere it is called Longidinum, and in the Funeral Song of a most ancient British Poet, Llong Porth, that is an Harbour or Haven of Ships: And by this very term Bononia, or Bolea in France, which Ptolemy calleth Gessoriacum Novale, in the British Glossary is named Bolung-Long. For many Cities have drawn their names from Ships, as Naupactus, Naustathmas, Nauplia, Navalia Augusti, etc. But of these none hath better right indeed to assume unto it the name of a Ship Road or Haven, than our London, as you shall understand at after. See more of this business in Hollinshead, Stow, Geoffry of Monmouth, and Cambden. SECT. II. Of the divers Appellations of this glorious City. TAcitus, Ptolemy, and Antonine call it Londinium, and Longidinium; Ammianus, Lundinum, and Augusta; Stephen in his Cities 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; our Britain's, Lundayne; the old Saxons, Londen, Lunden-ceaster, Lunden-berig; Strangers Londra, and Londres; the Inhabitants London; Fabulous Writers Troia Nova, Tronovant, or Trenovant, that is, New Tory; Dinas Belin, that is Belius City, and Caer Lud of King Lud; and Caesar in his Commentaries styled it Trinobantum civitas. SECT. III. Of the Antiquity of this renowned City. FOr proof of the Antiquity of this City, I shall produce some known, and approved Writers, as Herodian, Ammianus Marcellinus, Fitz Stephen, Stow, etc. 1. Herodian says thus, in the Life of Severus the Roman Emperor; Londinum est urbs magna, & opulenta. 2. Ammianus Marcellinus, an Author above 1200 years since, calleth it Vetustum Oppidum. 3. Fitz Stephen telleth us, that this City of London far exceeds Rome in Seniority; his words are these, Haee civitas urbe Roma, secundum Chronicorum fidem, satis antiquior est, etc. 4. Stow in his Survey of London saith, that as the Romans to glorify the City of Rome, drew the original thereof from gods, and Demigods, by the Trojan Progeny: So Geoffry of Monmouth, the Welsh Historian, deduceth the foundation of this famous City of London, for the greater glory thereof from the very same original. For he reporteth, that Brute, lineally descended from the Demigod Aeneas, the Son of Venus, Daughter of Jupiter, about the year of the World 2855, and 1108 before the Nativity of Christ, builded this City near unto the River now called Thames, and named it Troynovant, or Trenovantes. SECT. iv Of the Fame of London for Trade, and Traffic. HIstorians do inform us, this City hath been long since renowned for Trade and Commerce: the livelihood of Merchants, and the life of the Commonwealth, Co. 2. Inst. 28. wherein the King and every Subject hath interest; the Merchant being the good Bailiff of the Realm to export, and vent the native commodities of the Realm, and to import and bring in the necessary commodities for the defence, and benefit thereof. Cornelius Tacitus, who in the days of Nero, 1540 years since, reporteth it to have been a place very famous for fresh Trade, concourse of Merchants, and great store of Victuals, and all things necessary. London was (says Bede) a Town of Trade and Traffic a long time since frequented with many Nations, resorting thither by Sea and Land, William of Malmesbury says, that London was replenished with rich Citizens, and frequented with the Commerce of Occupiers, and Factors, coming out of all Lands. Speed informeth us, that London was ever famous for concourse of Merchants and of great renown for Provision of all things necessary in the time of Suetonius, Nero's Lieutenant here. Thus much of the ancient Estimation of this City for Trade and Commerce. SECT. V Of the Honourable Titles, that have been, and are given to this City. IT is styled the Epitome, Cambden. or Breviary of all Britain; the Seat of the British Empire: the King of England's Chamber, Co. 4. Inst. 24● Camerae Regis, Reipublicae Cor, & totius Regni Epitome. Civitas nobilissima, Stephanides. Regni firmata Columna, Stow. The most noble and able part of the English Empire, Speed, A noble and wealthy City, William of Malmesbury. Pupilla Oculi Regis, Cor Regni: the Treasure of the Kingdom, Bulstrode in his Reports. Caput Regni, & legum, Lambard. SECT. VI Of the Walls belonging to this renowned City. TOuching the Walls of London there are three things worthy of your Observation, scil. 1. The First Founder of them. Simeon of Durham, an ancient Writer, reporteth, that Helen the Mother of Constantine the Great, was the first that inwalled this City, about the year of Christ, 306. 2. That the City was walled round about by the River of Thames, as appears by William Fitz Stephen, who writing in the Reign of King Henry 2. and writing of the Walls of this City, hath these very words. Muro Urbis alto & magno, duplatis Heptapylae portis inter continuante, turrito ab Aquilone per inter capedines. Similiterque ab Austo Londonia murata, & Turrita fuit; sed fluvius maximus piscosus Thamensis, mari influo, refluoque qui illic allabitur, maenia illa tractu temporis alluit, labefactavit, dejecit: The Wall is high, and great, well towered on the North side, with due distances between the Towers. On the Southside also the City was walled, and towered, but the fishful River of Thames with his ebbing, and flowing, hath long since subverted hem. 3. The circuit of the wall on the Lands side. Stow tells us, that the circuit of the wall of London on the Lands side, to wit, from the Tower of London in the East, unto Aldgate is 82. perches: from Aldgate to Bishopsgate, 86. perches: from Bishopsgate, to the postern of Cripplegate 162. perches: from Cripplegate to Aldersgate, 75. perches: from Aldersgate to Newgate 66. perches: from Newgate to Ludgate, 42. perches, in all 573. perches of Assize. From Ludgate to the Fleet-Dike, west, about 60. perches: from Fleete-Bridge South to the River Thames, about 70. perches; and so the total of these perches amounteth to 643. every perch consisting of 5. yards, and a half, which do yield 3536. yards, and a half, containing 10608. foot, which make up two English miles, and more by 608. foot. SECT. VII. Of the River of Thames. TOuching the River of Thames accept the writings of Cambden', Stow, and of one that wrote in defence of this famous City. Cambden says, that in regard of both Elements most blessed and happy is London, as being situate in a rich and fertile soil, abounding with plentiful store, of all things, and on the gentle ascent and rising of an hill, hard by the Thames side, the most mild merchant, as one would say, of all things, that the world doth yield; which, swelling at certain set hours, with the Ocean Tides, by his safe and deep Channel, able to entertain the greatest ships that be, daily bringeth in so great Riches from all parts, that it striveth at this day with the Mart-Towns of Christendom for the second prize, and affordeth a most sure, and beautiful road for shipping. Stow says thus of Thames; Thames the most famous River of this Island, beginneth a little above a village called Winchcomb in Oxford Shire, and still increasing passeth first by the University of Oxford, and so with a marvellous quiet course to London, and thence breaketh into the French Ocean by main Tides; which twice in 24. hours' space doth ebb and flow, more than 60. miles in Length to the great commodity of Travellers, by which all kind of Merchandise be easily conveyed to London, the principal store house, and staple of all Commodities within this Realm, so that omitting to speak of great Ships, and other Vessels of Burden, there pertaineth to the Cities of London, Westminster, and the Borough of Southwark, above the number, as is supposed of 2000 Wherries, and other small boats, whereby 3000. poor people at the least be set on work, and maintained. The Anonymous Author hath these words; this Realm hath only three principal Rivers, whereon a Royal City may well be situated; Trent in the North, Severne in the South-west, and Thames in the Southeast: of the which Thames both for the straight course in length reacheth furthest into the belly of the Land, and for the breadth, and stillness of the water is most navigable up, and down the stream: by reason whereof London standing almost in the middle of that course, is more commodiously served with provision of necessaries, than any Town standing upon the other two Rivers can be, and doth also more easily communicate to the rest of the Realm the commodities of her own intercourse, and Traffic. Thus much for the honour of the River of Thames. SECT. VIII. Of London Bridge. LOndon Bridge was first made of Timber, and maintained partly by the proper Lands thereof, partly by the liberality of divers persons, and partly by Taxations in divers Shires, for the space of 215. years before the Bridge of stone was builded; which Bridge of stone was 33. years in building: A work very rare, having with the Drawbridge, 20. Arches made of squared stone of height 60. foot, and in breadth 30. foot, distant one from another 20. foot, compact, and joined together with vaults and sellars, upon both sides be houses builded, so that it seemeth rather a continual street, than a bridge; for the fortifying whereof against the incessant assaults of the River it hath Overseers, and Officers, viz. Warders, and others. SECT. IX. Of the Gates of this praecellent City. LEt us now come to the Gates of this City. Cambden in his Britannia speaks thus of them: On the Westside, says he, there be two: to wit▪ Lud gate Ludgate of King Lud, or Fludgate, as Lelandus is of opinion, of a little flood, running beneath it, built again of Late from the very foundation: Newgate and Newgate, the fairest of them all, so called of the newness thereof, whereas before it was termed Chamber-Laugate, which also is the public Goal or Prison. On the North-side are four, Alders-gate. Alders-gate of the Antiquity, or as others would have it, of Aldrich a Saxon. Cripplegate, Creeplegate. of a Spittle of Lame Cripples sometimes adjoining thereunto. Moore-gate of a Moory ground hard by, now turned into a field, Moore-gate. and pleasant walks; which gate was first built by Falconer, Lord Mayor in the year of our Lord 1414. Bishopsgate of a Bishop, which gate the Dutch Merchants of the stilyard were bound by Covenant both to repair, Bishopsgate. and also to defend at all times of Danger, and extremity. On the East side there is Aldgate alone, Aldgate. so named of the oldness or Elbe-gate, as others term it, which at this present is by the Cities charge reedifyed. It is thought (says he) that there stood by the Thamis, beside that on the Bridge, two Gates more, namely, Belins-gate, Belins-gate. a wharf now, or a Key for the receipt of Ships, and Doure-gate, that is, Dow-gate the Water-gate, commonly called Dow-gate. These Gates in Latin are called portae à portando, from carrying, and lifting the plough; and it was upon this occasion: In the building of Cities, the founders thereof did usually consult with their Gods in their Augural Observations; Godw. Antiq. lib. 1. sect. 1. c. 7. after which observations, they marked out the place, where the Wall of the City should be built, by ploughing up the ground; and because they left that space of ground unplowed, lightly lifting the plough over it, where they appointed the gate of the City, thence à portando, from carrying, and lifting the plough, they called the Gate Porta. Both the Gates, and Walls of Cities were looked upon as sacred things among the Romans; for the Civil Law Text speaks thus; Sanctae res veluti muri, Just▪ 9 ●. ● & portae Civitatis, quodammodo Divini Juris sunt; & ideo nullius in bonis sunt. Ideo autem muros sanctos dicimus, quia poena capitis constituta est in eos, qui aliquod in muros deliquerint. Vide D. 1.8.11. Siquis muros violaverit. SECT. X. Of the Tower of London. FOr the Description, and use of this Tower we shall make bold with Cambden, and Stow. The former describes it after this manner, It is a most famous, Cambden. and goodly Citadel, encompassed round, with thick and strong walls, full of lofty, and stately Turrets, fenced with a broad, and deep ditch, furnished also with an Armoury, or Magazine of Warlike Munition, and other Buildings besides: so as it resembleth a big Town. The latter says thus; This Tower is a Citadel to defend, or command the City: a Royal place for Assemblies, and Treaties. A Prison of estate, for the most dangerous offenders: Stow. the only place of Capnage for all England at this time: the Armoury for Warlike provision: the Treasury of the Ornaments, and Jewels of the Crown, and general Conserver of the most ancient Records of the King's Courts of Justice at Westminster. The Chief Keeper of this same Fortress is styled by the name of Constable; And his Deputy is called Lieutenant of the Tower; and at this very time, the former officer is the Right Honourable, the most loyal, and valiant person, James Earl of Northampton; the latter is the Right worshipful, and most loyal person Sir John Robinson, who has been likewise Lord Mayor of London. SECT. XI. Of the Cathedral of London. THere are worthy of our notice, in relation to the famous Cathedral Church of London, these five things. 1. The Founder of this Church; Aethelbert, King of Kent, under whom Sebert reigned in this tract of Ground, Stow as it were his vassal and by courtesy, founded here a Church, and Consecrated it to S. Paul, and about the year of Christ, 610. he gave thereto Lands; and so did afterward Athelstan, Edgar, Edward: the Confessor, and others also. 2. The Magnificence of its Building; Anno 1086. William of Malmesbury, informeth us; That the beauty of St. Paul's Church is so magnificent that it deserves, to be numbered in the Rank of excellent Edifices: so large is that arched Vault underneath, and the Church above it of such Capacity, that it may seem sufficient to receive any multitude of people whatsoever. 3. The Dimensions of this Fabric, in point of Longitude, Latitude, and Altitude. St. Paul's Church (says Cambden out of an old writer) containeth in length 690. foot: the breadth thereof is 130. foot: the height of the west arched Roof from the ground carrieth 102. foot: and the new Fabric from the ground, is 88 foot high. The stone work of the steeple from the plain ground riseth in height, 260. foot, and the Timber frame upon the same, is 274. foot high, etc. Stow thus, the height of the Steeple was 520. foot, whereof the stone work is 260. foot, and the Spire was likewise 260. foot, the length of the whole Church is .240. Tailor's yards, which makes 720. foot: the breadth thereof is 130. foot, and the height of the body of the Church, is 150. foot. 4. The Governors of this Church: This Church hath a Bishop, a Dean, a Preceptor, Stow. a Chancellor, and a Treasurer, five Archdeacon's, viz. of, London, of which place, he that now is the Archdeacon, is (my ever honoured Tutor) Doctor Lamplugh, Dean of Rochester, Prebend of Worcester, and one of his Majesty's Chaplains in ordinary. Middlesex, Essex, Colchester, & St Albon. It hath likewise 30. Prebendaries, Canons 12. Vicar's Corals six, etc. Note, Stow. that the College of Petty Canons there, was founded by King R. II. in honour of Queen Anne his wife, and of her Progenitors, in 17. of his reign. In the year 1408. the Petty Canons then building their College, the Mayor, and Commonalty of this Celebrious City, granted them their water courses, and other easements. 5. The sad Accidents, that have befallen this famous Church at several times. In the year 1087. this Church of St Paul was burnt with fire, and therewith the most part of the City: which fire began at the entry of the West-gate, and consumed the East-gate. Mauritius, than Bishop, began therefore the foundation of a new Church of Saint Paul's. In the year 1444. the Steeple of Paul's was fired by Lightning, in the midst of the shaft or spire, and in the year 1462. this Steeple was repaired, and the weather Cock again erected. In the year 1561. the fourth of June, betwixt the Hour of three, and four of the Clock in the afternoon, the great Spire of the Steeple of S. Paul's Church, was fired by Lightning, which broke forth (as it seemed) two, or three yards, beneath the foot of the Cross, and from thence it brent downward the Spire to the Battlements, stone work, and Bells so furiously, that within the space of four hours, the same Steeple with all the Roof of the Church were consumed. After this mischance, the Queen's Majesty directed her Letters to the Lord Mayor, willing him to take order for speedy repairing the same. And she of her princely, and gracious disposition, for the furtherance thereof, did presently give and deliver in gold 1000 marks, with a warrant for a thousand Loads of Timber, to be taken out of her woods or elsewhere. Stow. The Citizens also gave first a great benevolence, and after that 3. fifteen to be speedily paid. The Clergy of England likewise, within the Province of Canterbury, granted the fortieth part the value of their benefices, charged with first fruits, the thirtieth part of such as were not so charged, but the Clergy of London Diocese, granted the thirtieth part of such as paid their fruits. Six Citizens of London, and two Petty Canons of Paul's Church, had charge to further and over see the work. In the year 1650. etc. It was made a stable for Horses, and a Den for Thiefs, and Rebels. In the year 1666. it was burnt again to the ground together with all the City; and there is now (this being the year 1675.) began the Foundation of a new Church of St Paul, so that the foundation of this London Cathedral, has been thrice laid; God Speed the work. SECT. XII. Of the distribution of this renowned City into parts, and likewise of its extent. AS for the Division of this City for the better Regiment thereof, I shall vouch three several Authors, viz. Sir Edward Coke, Fitz-Sephen, and Stow. 1. Sir Ed. Coke tells us, Co. 4. Iust. 249. that in this City there are twenty and six wards, divided for the government of the Trenobants, or Citizens of London, amongst the 24. Aldermen of the City. 2. Fitz-Steven saith, that this City, even as Rome, is divided into wards; It hath yearly Sheriffs, instead of Consuls, it hath the Dignity of Senators, and Aldermen, it hath under Officers, and according to the Quality of Laws, it hath several Courts, and general, Assemblies upon appointed days. 3. Stow informeth us, that this City of London is divided into Wards, or Aldermanries', and the number of them in London, were both before, and in the Reign of H. 3. twenty four in all, and in the year of Christ 1393. the 17. R. 2. Faringdon Ward, which was then one entire Ward, but mightily increased of buildings without the Gates, was by Parliament appointed to be divided into twain, and have two Aldermen, to wit, Faringdon within, and Faringdon without, and so the number was 25. Moreover in the year 1550. the Lord Mayor, Commonalty, and Citizens of London, purchasing the Liberties of the Borough of Southwark, appointed the same to be a Ward of London, which in all arise to the number of 26. and 26. 4. E. 4.17. Cro. 3. pant. Adam's vers. Hiske. Aldermen of London. Note, the City of London is a County, and every Ward is an hundred in the County, and the Parishes are as Vills or Towns. But note likewise; Co. Litt. 109. b. that it is not necessary, that a. City be a County of itself, as Cambridge, Ely, Westminster, etc. are Cities, but are no Counties of themselves, but are part of the Counties, where they be. Thus much of the Division of this Metropolis, I now proceed, to show, 5. E. 4.1.41. E. 3.26.11. E. 4.5.26. Eliz. Dyer 38. Co lib. 7. Bulwers' case. what I have found in our books of Law, touching the extent thereof. It is said, that London extendeth into 2. Counties London, and Middlesex; But sc. London cannot join with Middlesex, or with any County in Trial. 4. E. 4.17. Part of the Tower of London is within London, but not within the Jurisdiction of it. The ancient Wall of London (saith Coke) extendeth through the Tower of London, and all that which is on the West part of the Wall, Co. 3. Inst. 136. Co. 4. Inst. 251. is within the City of London, viz. in the Parish of Barbing, in the ward of the Tower of London and all that is on the East part of the Wall is in the County of Middlesex. And this upon view, and examination was found Mich. 13. Jac. Regis, in the case of Sir Thomas Overbury, who was poisoned in a Chamber in the Tower, on the West part of that wall: And therefore Weston, the principal murderer, was tried before Commissioners of Oyer, and terminer in London, and so was Sir Gervais Elvis, Lieutenant of the Tower, as Accessary. SECT. XIII. Of the reason, why the Archbishop of Canterbury never makes any visitation in London Diocese. THe reason, why the Archbishop of Canterbury never makes any visitation in London Diocese, appears in one Gobbets Case, where it was said by Mr Justice Jones, that he was informed by Doctor Duck, Chancellor of London, that there hath been for a time, a composition betwixt the Bishop of London, and the Archbishop of Canterbury, that if any suit began before the Archbishop, it shall be always permitted by the Bishop of London; so as it is quasi a general Licence, and so not sued there but with the Bishop's assent, and for that Reason the Archbishop never makes any visitation in London Diocese. Having hither-unto handled the Antiquity, Walls, River, Bridge, Gates, the Cathedral Church, the Division, Extent, etc. of this most glorious and renowned City, I am now to proceed, to speak of its Magistrates, and Officers, of its Courts, or Assemblies, its Customs, and lastly of the Franchises, Liberties, and singularities of this noble City. SECT. XIV. Of the Magistrates and Officers of this Precellent City. THe Governors, and Chief Officers of this City, are these, sc. The Lord Mayor, the Aldermen, the Recorder, the Sheriffs, the Chamberlain, the common Clerk, or Town Clerk, the common Sergeant. The Coroner, the Escheater, and Constable. Of these in their order. The Lord Mayor. A Mayor of a Town is termed among the Latin, Godw. Antiq. Lib. 3. sect. 2. c. 4, etc. 20. Praefectus Vrbis, Praefectus annuus Urbis, Praefectus Praetorio, and Praetor, quasi praeitor, à praecunde, vel à praeessendo, quod aliis praesit, vel quod praeiret populo. Pomponius saith thus; In Civitate Romae duo olim fuerint Praetores, Vrbanus & peregrinus, qui peregrinorum causas agebat, quorum hic Major unde Major dictus est, ille Minor; Praetor Vrbanus, seu Major, and Praetor peregrinus, sive minor. Vide more Godw. Ant. l. 3. s. c. 6. Touching the Lord Mayor of London I shall present to the Reader these particularities worthy of his observation, sc. 1. That the Citizens, or Burgesses of London were before, and after the conquest, governed by Portgraves, or Port-greves, until the Reign of Rich. I. by whose Charter, they were governed by two Bailiffs; Co. 4. Instit. 253. and yet King R. in the first year of his Reign appointed them a Mayor, who continued therein, until the eighth year of King John, and then King John appointed them a Mayor. And forasmuch as sometimes the Mayor appointed by the King was no Citizen of London, King John in the tenth year of his Reign, granted to the Citizen's Liberty, And Authority to choose de seipsis a Mayor, etc. And so it continueth unto this day; Thus far Sir Edward Coke. and to the same effect are the words of Mr. Stow, in his survey of London; King William the Conqueror, says he, found a Portreve at London, whose name was Godfrey, and his office was no other, than the charge of a Bailiff, or Reve, as by the self same continuing yet at Gravesend, and certain other places may well appear: But the Normans, using their own Language, called him sometimes a Provost, and sometimes a Bailiff; whatsoever his name and Office were, he was Perpetuus Magistratus, given by the Prince, and chosen by the Citizens, as it seemeth; for what time King Ric. I. needed money, towards his expedition in the Holy Land, they first purchased of him, the liberty to choose yearly from amongst themselves two Bailiffs, and King John, his successor, at the like suit changed their Bailiffs, into a Mayor, and two Sheriffs. Co. 3. Inst. 73, 2. That the Lord Mayor ought to be principal in all Commissions of felony etc. Perpetrated within the City of London, by the charter of the City. Co. 4. Inst. 250. 3. That in all Commissions, touching the water of Ley, the Lord Mayor of London is always one. 4. H. 7. C. 15. 4. That the Lord Mayor of London for the time being, hath the conservation, and rule of the water, and River of Thames. 49. E. 3.16. a. Cro. 2. part. f. 531. 5. That his Lordship is perpetual Coroner, and also Escheator within the City of London. Bulstrods' Rep. 3. part. f. 21. 6. That the Lord Mayor of London is chief Butler to the King at his Coronation: And in 1. H. 4. this was so allowed unto him, when Fitzallen was Lord Steward, who then allowed this unto him. 21. E. 4.14. 7. That if the Commonalty of the City do choose a Mayor at the Feast of St Michael, in the absence of the ancient Mayor, 'tis a void Election. Stow. 8. That there be certain Officers, appertaining to the Lord Mayor's house, and they are these following. The Sword Bearer, the Common Hunt, the Common Crier, the water-bailiff, Esquires four. Sergeant's Carvers 3. Sergeants of the Chamber 3. Sergeant of the Channel. Yeomen of the Waterside 4. under-Bayliffs. Yeomen of the Chamber two; Meale-Weighers 3. Yeomen of the Wood-wharves two. gentlemen's men 7. The Sword-Bearers Man Common Hunt's men 2. Common Criers man. Waterbayliffs men 2. The Carvers man. Whereof nine of these have Liveries of the Lord Mayor, viz. The Swordbearer, and his Man, the three Carvers, and the four Yeomen of the Waterside. All the rest have their Liveries from the Chamber of London. 9 That there are days of Mendance, the Fellowships do give to the Lord Mayor at his going to Paul's, and they are in number 7. viz. 1. Alhallowen day. Stow. 2. Christmas day. 3. Saint Stevens day. 4. Saint John's day. 5. New years day. 6. eight day. 7. Candlemas day. To conclude, as touching this grand officer; Stow in his Annals reporteth; that Henry Picard vintner, Mayor of London, in one day did sumptuously Feast Edw. III. King of England, John King of France; the King of Cyprus; David, King of Scots; and Edward, Prince of Wales. 2. The Aldermen. IN relation to Aldermen three things are worthy of notice, sc. 1. The Etymology of the words (Alderman, and Senator.) An Alderman is among the Romans, Laticlavius, Senator, and Optimas. An Alderman from the Saxon word Ealderman, i. e. Senex, quod Senes solummodo illum dignitatis gradum accipiant: Hence among the Latins, he is called Senator. Gothofredus tells us, that Senatores dicti non sunt ab assentiendo, as Hugolinus, and Bartolus suppose, but à senili aetate, or à virtute, for heretofore, Senes apud Romanos Viri optimi appellati sunt. Olim apud britons (says one) temporibus Romanorum in regno isto Britanniae vocabantur Senatores qui postea temporibus Saxonum vocabantur Aldermanas, non propter aetatem, sed propter sapientiam, & dignitatem, cùm quidam adolescentes essent, Jurisperiti tamen & super hoc experti. 2. Their election; The Aldermen of London were changed by election every year, until 28. E. 3. Then it was ordered, that they should not be removed, without some special cause. Co. 4. Inst. 253. But Rot. Parl. 17. R. 2. nu. 25. it is enacted, that the Aldermen of London shall not from thenceforth be yearly chosen, but remain, till they be put out for reasonable cause, notwithstanding the Ordinances of Ed. II. & Ric. III. And so it still continueth. Yearly on the Feast of St Michael the Archangel on of these Aldermen is elected to be Mayor, Stow. for the year following, to be begun on the 28. of October, the other Aldermen his brethren, are to him assistants in Counsels, Courts, etc. With what has been said agrees the Description given by another Author, that I have read; Aldermannus Civitatis Londinensis (says he) est unus ex Senatu Civitatis, cui Regimen Civitatis praecipuè incumbit: ex quorum numero praefectus annuus eligitur. 3. The privilege of these Aldermen in respect of offices in the Country, which will appear by this following case. John Abdy, Alderman of London, having a House at .... in the County of Essex, where it was pretended, that Constables should be elected out of the Inhabitants in every house by presentment every year in Leet of Sir William Hickes, Lord of the said Manor, and Leet; the said Alderman Abdy, by the name of John Abdy Esquire was nominated in a Leet such a day, Cro. 3. part. Alderman of London's case. to be Constable for the year following; and because he refused, the Steward of the Court imposed a fine upon him, and denied him any privilege, to be freed by reason of his being Alderman of London, whereupon this being suggested; It was moved, to have a writ out of the King's Bench, directed to the Lord of the said Manor, to his Steward, to discharge him, because he being an Alderman of London, aught to be there resident, the greatest part of the year, and if absent, is fineable; and all the Court of the King's Bench held, that he ought to be discharged by his privilege, and although it was said, he might execute it by Deputy, and his personal Attendance is not requisite, by the custom of the sad Manor; yet none allocatur; whereupon the said privilege was awarded. 3. The Recorder. A Recorder, is he, whom the Mayor, or other Magistrate of any City, or Town Corporate, having jurisdiction, or a Court of Record within their precincts by the Kings grant, doth associate unto him for this better direction in matters of Justice, and proceed according to Law. Thus much in general of the Recorder-ship of any City, or Town, but more particularly, we say, That the Recorder of London, is the person, whom the Lord Mayor, and Aldermen do associate unto them for their better direction in matters of Justice, and proceed according to Law; and therefore he ought to be a grave, and Learned Lawyer, well seen in the Common Law, and skilful in the Customs of the City; and such a one indeed is that honourable and very grave person, Sir John Howell (a member of the Royal Society of Lincoln's Inn,) who at this very time is Recorder of this most glorious City. The Recorder of London, takes place in Councils, Stow. and in Courts, before any man, that hath not been Lord Mayor, and learnedly delivers the Sentences of the whole Court. By the Stat. of 23. H. 8. c. 6. the Mayors of the Staple at Westminster, and the Recorder of the City of London, jointly together, have full authority to take Recognizances for the payment of debts, in the absence of the Chief Justices out of Term. 32. E. 1. Geoffry Hertilepole, Alderman, was elected to be Recorder of London, and took his Oath, and was appointed to wear his apparel, as an Alderman. 4. The Sheriffs. BEfore I speak in particular of the Sheriffs of London, I shall present to the Reader several Queries, (with resolutions given unto them out of our books of Law) touching Sheriffs in general. For the better Information of all such Officers through the whole Kingdom. Quaere 1. Whence the word Sheriffs is derived? Resp. Sheriff is a word compounded of two Saxon words, viz. Shire, and Reve, Shire, Satrapia, or Comitatus, cometh out of the Saxon verb Shiram, i. e. partivi, for that the whole Realm is parted, and divided into Shires. Co. Litt. 168. a. And Reve is praefectus, or praepositus; so as Shireve is the Rive of the Shire, Praefectus Satrapiae, Provinciae, or Comitatus; And he is called Praefectus, because he is the chief officer to the King within the Shire; for the words of his patent be Commissimus vobis custodiam Comitatus nostri, etc. Quere 2. How a Sheriff was, Quere 2. and is to be elected? Resp. It is to be known, that the office of a Coroner ever was, and yet is eligible in full County by the Freeholders, by the King's writ, de Coronatore eligendo: and the reason thereof was, for that both the King, and the County had a great interest, Co. 2. Inst. fol. 174. & 175. & 558. & 559. and benefit in the due execution of his office; and therefore the Common Law gave the Freeholders of the County, to be electers of him. And for the same reason of ancient time the Sheriff called Vicecomes, who had Custodiam Comitatus, was also eligible: for, first the Earl himself of the County had the office of the Sheriff of the County, and when he gave it over, the Vicecomes (as the word signifieth) came instead of the Earl, and was eligible by the Freeholders of the County; but this way by election is altered by divers Acts of Parliament, 14. E. 3 c. 7.23. H. 6. c. 8.12. R. 2 c. 3. viz the Act. of 9 E. 2. Lincoln the Vice-Comitibus 14. E. 3.12. R. 2. & 23. H. 6. vide the Statutes themselves. Quaere 3. Whether the Day of the Billing of Sheriffs, may be deferred from the usual day? Resp. Upon the sixth of November the Term of Michael 16. Car. Regis, the Lord Keeper of the great Seal, the Lord Treasurer, the Lord privy Seal, Earl of Arundel, Earl Martial, the Earl of Pembroke, Lord Chamberlin, Cro. 3. part. Term Mich. 16. Car. Regis in Banco Regis the Lord Cotington Chancellor of the Exchequer, were assembled in the Exchequer Chamber, to nominate three persons, of every County throughout England, to be presented unto the King, that he might prick one of them, to be Sheriff of every County, which is usually done according to the Statute upon the 3. of Nov, being Crastino animarum; But because it was the first day of Parliament, and the Lords were to attend the King, It was resolved by the advice, and resolution of the Major part of the Justices, with whom Conference was had in this cause, that it might be well put off to another day. And the Lord Keeper notwithstanding the Statute deferred it until this day. Quaere 4. In what the office of the Sheriff doth consist? Resp. It belongeth to the Sheriff, to serve the King's writs of process, be they summons, or Attachments, to compel men to answer, to the Law, and all writs of execution of the Law, according to judgements of superior Courts, for taking men's goods, Lands or bodies, as the cause requireth; and by the Order of the Common Law, and Statutes of the Realm, he may for the better execution of his Majesty's writs, and process of Law, after resistance, take posse Comitutus. He is to return indifferent Juries, for the Trial of men's Lives, Liberties, Lands, and Goods. He ought to see, that the public Peace be kept, which is the Life of the Commonwealth; and therefore he is said to be Principalis Conservator Pacis, within the County. It is his duty, to gather the public moneys, and profits of the Prince in his County, to collect, and bring into the Exchequer, all fines imposed, even by distreining. He is to see condemned persons executed. To conclude, he is to determine, and examine certain smaller pleas Civil and Criminal; the former are decided in the County Court; the latter in his Court, called the Town. Quaere 5. If one be in the Sheriff's Custody, by process of Law, and then another writ is delivered to apprehend the body of the party, that is already in Custody, whether he be in Custody by virtue of the second writ, without an Actual Arrest? Resp. It was adjudged, Co. Lib. 5. Frosts case f. 89. that when a man is in Custody of the Sheriff, by process of the Law, and afterward another writ is delivered unto him, to apprehend the body of him, who is already in Custody; Immediately he is in Custody, by force of the second writ, by judgement of Law, although he make no actual Arrest of him, for to what purpose should the Sheriff arrest the party, that is already in Custody; and Lex non praecipit inutilia; quia inutilis Labor est stultus. Quaere 6. Whether a Sheriff, Bailiff, etc. may arrest one without showing the warrant? Resp. It was adjudged, Co. Lib. 9 Mackaleyes Case Lib. 6. Count of Rutland's Case. Cro. 2. part. Hodges' verse. Marks. that an Arrest without showing the warrant, and without telling at whose suit, until the party demand, is Legal, and well enough, and that he need not show the warrant, until the other obey, and demand it. Quaere 7. Whether an Arrest made in the night be good. Resp. It is said, that an Arrest made in the night time is valid in Law. Cro. 2. part. Mackaleyes Case Co. lib. 9 Mackaleyes Case. Quaere 8. Whether Arrests be good on the Sunday. Resp. An Arrest upon the Sunday, and other ministerial Acts are good, but not judicial Acts; for a judicial writ bearing Teste upon a Sunday, or a Proclamation of affine upon a Sunday are ill, Cro. 2. part. Wait vers. Hundred of Stoke 496. and erroneous; for they shall be intended, as fictions, because it is well known the Court do not sit that day, but an original writ, or patent, bearing Teste upon the Sunday, are good enough, for the Chancellor may seal writs, or patents upon any day. An Arrest made by a Sheriff, or his Officer, Cro. 2. part. Mackaleyes case. is valid, although it be done upon a Sunday. Quaere 9 In what Cases a Sheriff may break open houses to execute process? Resp. As to this Quaere take these particularities, sc. 1. When any house is recovered by any Real Action, or by Ejectione firmae, the Sheriff may break the house, and deliver seizin or possession. 2. In all cases, where the King is party, the Sheriff may break the house (if the doors be shut) and make execution of his writ, but before he break the house, he ought to signify the cause of his coming, and make request to have the Doors opened: but if the Officer break the house, when he might have the Doors opened, he is a Trespasser; for felony, or suspicion of felony the officer may break open the door. 3. The Sheriff cannot break open an house upon private process; neither can he upon private process rush into a house, which by craft, as knocking at the door etc. he procured to be opened unto him. 4. In all Cases where the door is open, the Sheriff may enter, and make execution of his writ, either for body, or goods, at the suit of a subject. 5. The Sheriff at the suit of Common person (upon request made, and denial thereof) ought not to break open the doors, or the house, to execute any process at the suit of any subject; or to execute a Fierifac. Being a writ of execution, but he is a Trespasser, yet if he do execution in the house it is good in Law, being done; according to the rule of Law; sunt multa, quae impediunt promovendum, quae non dejiciunt jam prometum. 6. The house of a man is not a Castle, or defence for any other person, but for the owner, his family and goods, and not to protect another, that flieth into the same, or the goods of another, for then the Sheriff upon Request, and denial, may break the house, and do execution. 7. Although, a Sheriff cannot break open an house, being to take execution by fieri facias, yet when the Door is open, that he enters, and be disturbed in his execution by the parties, who are within the house, he may break the house, to rescue his Bailiffs, and to take execution. Vide all these particulars Cro. 1. part. Seyman vers. Gresham. Co. lib. 5. Semaines case. hobart's Reports, Water house verse. Salt-marsh, Park and Percival vers. Evans. Cro. 1. part. Smith ver. Smith. yelverton's Reports Seyman vers. Gresham. Cro. 2. part. Aenonymus f. 555. pl. 19.18. E. 4.4.13. E. 4.9. Quaere 10. Whether a writ, or Commission may be awarded to a Sheriff, to inquire of the Death of a man? Res. It was found before the Coroner, super visam corporis, Cro. ●. part, Harlestons' Case that J. Harleston fell into a Marlepit fortuito, and so died. Afterwards by the procurement of the Queen's Almoner a Commission issued out of the Crown Office (Quaesi in nature of a Melius Inquirendum) and was awarded to the Sheriff to inquire of his death, and of what goods, and Chattels, he was possessed at the time of his death. And it was found before the Sheriff, that he was felo de se, etc. It was moved, that the writ, or Commission was not well awarded, but utterly void; for the Stat. of 28. E. 3. c. 9 is expressly, that no such Commission shall be granted, and that the Sheriff shall not take Indictment by writ, or Commission. But Ive, the Clerk said, that they have divers Precedents, since that Statute, of such Commissions awarded. Quaere 11. Whether Rescous be a good Return upon mean process? Resp. It has been adjudged, that in an Arrest upon mean process, and not upon execution, the Sheriffs are not bound to take the poss● Comitatas with them, Cro 2. part. May v. Proby, and Lum Sheriffs of Middlesex. and therefore upon such process, it is a good return, the Rescous, and that afterwards he was not found within their Bayliwick; and process shall, thereupon be awarded against the Rescussours: But if the Prisoner had been in the Goal, the Sheriff ought at his peril to keep him, and a Rescous from thence is no excuse for him: And upon process of execution, as upon a Capias ad satisfac. or upon a Capias ut legatum, after judgement, such a Return is no excuse for him, either against the King, or the party; for he at his peril ought to keep his prisoners taken in execution; for there the process is determined▪ which being the Life of the Law, and being once executed, the party may not have any new process, and therefore he shall answer to the party for the escape. And it is at the Sheriff's peril, to see that his prison be strong enough, to keep his prisoner, when he is once in execution. And being a mischief to one it ought rather to fall on the Sheriff than on the party: But in the other cas● there is not any great mischief, for th● party hath only lost his process, which he may renew; and he may also have an Action upon the Case against the Rescussours. Quaere 12. Whether an Averrement may be admitted against a Sheriffs Return? Resp. There is a difference between Acts ministerial, and Acts judicial, for against Acts, which a Sheriff doth as ministerial, an Averrement may be, but not against that, which is done judicially, and by one as judge. Cro. ●. part. Arundel ver. Arundel. vide 3. H. 7.15. a. 7. H. 7.4. ab. 10. H. 7.28. a. yelverton's Reports Arundel ver. Arundel. Quaere 13. Whether a prisoner for debt, making an escape, can be taken again upon fresh suit? Resp. Although a prisoner in execution escape out of view, yet if fresh suit be made, and he be taken again in recenti in secutione, he shall be in execution, otherwise at the turning of a corner, or by entering into an House, or other Means, the prisoner may be out of view, and although he fly into another County, Co. lib. 31 Ridgewayes. Case. yet because the escape was of his own wrong, whereof he may not take advantage, the Sheriff upon fresh suit may take him there, and he shall be in execution. Quaere 14. Whether a Sheriff upon a voluntary escape, can retake his prisoner? Cro. 2. part. Whiteing ver. Reynel. Co. lib. 3. ●ogt●ns Case. lib 3. Ridgewayes Case. Resp. If the Sheriff, or Bailiff voluntarily lets a Prisoner at large, he cannot retake him, as if a Sheriff assent, that one, who is in execution, and under their Custody, may go out of the Goal for a time, and then to return, yet although he return at the time, it is an escape. Quaere 15. Whether there may be an escape, although the party always continues in prison? Resp. If a man be in prison upon two executions, at the suit of two several persons; Cro. 1. part. Westly ve Skinner Co. lib. 3. Westbreys' Case. and then the old Sheriff delivers over this prison to the new Sheriff by indenture, according to the usual course, and in the said indenture maketh no mention of one of the said executions, this omission shall be said an escape in Law instantly, for which the old Sheriff shall answer, although the execution was matter of Record, whereof the new Sheriff might have taken notice, so that you see, a man may be said to escape, notwithstanding he always continues in prison. Quaere 16. Whether the escape of one in execution be cause of discharge of the other Debtor? Resp. Where two are bound jointly, and severally in a bond, and the obligee recovers against one of the obligors, Cro. 3. f. 75. White Acres ver. Hamkinson. and has him in execution upon a Capias ad satisfac. and then he escapes with the Sheriff's consent, in this case, although he escaped by the voluntary permission of the Sheriff, yet that shall not deprive the obligee of his remedy against the other obligor, for an execution against one is no bar, but that the obligee may sue the other obligor: Execution without satisfaction being in Law, not any bar, vide Co. lib. 5. Blomfields case. Cro. 1. part. Blofields' case. Cro. 2. part. Pendavis ver. Kenshem 532. Qaerre 17. Whether the sale of goods upon a fieri facias by a Sheriff, Cro. 2. part. Air ver. Aden Yeluerton Reports Aire ver. Aden. after he is discharged of his Office, be good? Resp. A Sheriff upon a fieri facias seized goods in his hands to the value of the debt, and paid part of the debt; & the goods not being sold, nor the writ returned, the Sheriff was discharged of his Office, and afterwards sold the Residue of the goods, without any writ of Venditioni exponas; and whether this sale were good, or not, was the Question; and resolved, that it was good, for the writ of fieri facias gave authority to him, to sell, without any other writ; and the sale by him after is good, although he were discharged of his office. Quaere 18. A Term sold by a Sheriff and after the Judgement reversed, whether the party shall be restored to the Term, or the money. Co. lib. 8. manning's Case: Co. 1. Part. Air ver Woodfine. R. If a Sheriff sell a Term upon a fieri fac. and Judgement is reversed, the sale shall stand, and the party shall be restored only to the money, and not to the Term. Quaere 19 Whether the Sheriff can be restrained by the King in any part of his Office? Co. lib. 4. Mittens Case. R. Though the King may determine the office ad bene placitum, yet he cannot determine this in part, as for one Town, or Hundred, nor abridge him of any Incident to his Office, for the Office is entire, and aught to continue so, without any fraction, ordiminution, without it be by Parliament. Quaere 20. Whether the Sheriff can abridge any part of his Under Sheriff's power, in executing of process? R. If a Sheriff will make an Under Sheriff provided, hobart's Reports Norton ver. sum f. 13. that he shall not serve executions above 20. pound without his special warrant, this proviso will be void, for though he may choose, not to make an Under Sheriff at all, or may make him at his will, and so remove him wholly, yet he cannot leave an Under Sheriff, and yet abridge his power, no more than the King may in case of the Sheriff himself. Quaere 21. Whether the Sheriff's Office be determined by the descent of a Barony? Resp. Sir Lewis Mordant, being Sheriff of the Counties of Bucks, and Bedford, Cro. 1. part. Sir Lewis Mordants Case 12. & 13. the Lord Mordant his father died, tempore parliamenti, it was held by all the Justices, the Attorney, and the Solicitor of the Queen, that his office by this matter, is not determined, although he be now a Baron of the Parliament, and that he yet remaineth Sheriff, ad voluntatem Reginae. Hitherto touching Sheriffs in general throughout the Realm, I proceed to speak more minutely of the Sheriffs of London; And there are these things concerning them, that deserve our special notice, scil. Their Antiquity, Election, Tenure of their office, Fee-farm paid by them, their Officers, Direction of writs to them; and their return of writs. 1. Their Antiquity. tempore H. 1. IN the Book of the Abbey of Ramsey, to a Conveyance made in the Court of the Husting of London, of a certain house in Walbrock within the City, between Wilcnothun de Wallroc & Renaldum Abbatem de Ramsey, the witnesses were (amongst others) Willielmus de Einsford Vicecomes de London, C. 4. Inst. 248. & Johannes sub Vice-Comes ejus, & Gervasius Clericus ejus. More might be said of their Antiquity, but it is clear, that so long as this City hath been a County of itself, so long, there hath been Sheriffs, for it cannot be a County without Sheriffs. 2. Their Election. The Sheriffs of London, of old time were chosen out of the Commonalty, Commoners, Stow. and oftentimes never came to be Aldermen, as many Aldermen were never Sheriffs, and yet advanced to be Mayor, but of late (by occasion) the Sheriffs have been made Aldermen, before or presently after their Election. Nicholas Faringdon (says Stow) was never Sheriff yet four times Mayor of this City, and so of other, which reproveth a Byword, such a one will be Mayor, or he be sheriff, etc. 3 The Tenure of their Office. The Lord Mayor, Co. 2. Inst. 32.11. Eliz. Dyer f. 278. and Citizens of London have the shrievalty of London ●n see, and the Sheriffs of London are Guardians, under them, and remo●eable from year to year. 4. The Fee-farm paid by the Citizens. King John granted the Sheriffwicke of London, Stow. and Middlesex to the Citizens of London, as King H. I. before had done, for the sum of 300. pound yearly, which also is yet paid by the City into the Exchequer, until this day. 5. Their Officers. The Sheriffs of London, in the year 1471. Stow. were appointed each of them to have sixteen Sergeants, every Sergeant, have his Yeoman. And 6. Clerks viz. A secondary, a Clerk of the Papers, and four other Clerks, besides the Under-sheriffs Clerks, their Stewards, Butlers, Porters, and other in Household many. 6. The Direction of Writs to them. Sciendum est (says the book entitled Nat Brevium) quod quodlibet breve, quod tangit liberum tenementum in London debet dirigi Majori, & vic. London. Sed omnia alia brevia, quae sunt ad Communem legem in eadem Civitate debent dirigi vic. tantummodo. Every writ, that touches freehold in London, aught to be directed to the Lord Mayor, and Sheriffs of London, but all other writs, which are ad Communem legem, in the same City, aught to be directed to the Sheriffs only. One atteinted of Felony at Newgate, for Felony committed in Middlesex; Moors Reports 178. an. 317. the Sheriff of London cannot detain him in execution upon process, unless the direction be to the Sheriff of Middlesex. 7. Their Return of Writs. In London every of the Sheriffs may arrest a man; 30. H. 6.43: yet the Return shall be made in the name of both the Sheriffs. The Court of Common pleas, was of opinion that if one Sheriff of London make his return without his fellow, hobart's Rep. Lamb. vers. Wiseman f. 70. that this would not be helped, by the Statute of Je●ffayles, as being no return at all; or a return without the Sheriffs name subscribed, because the Court knows that one Sheriff there, is two persons. Debt. The process upon the Original were directed to the two Sheriffs of London, Cro. 1. part. Allen v. Sir Rob. Salisbury. the writ was returned by two, the one of them was Sheriff, the other, not: And it was prayed, that it might be amended; for it is apparent to the Court, that it was the default of the Clerk, in writing the names, and the return by one Sheriff alone had been good, and the Addition of a strange name thereto shall not make it ill, and afterwards by advice of all the Justices, it was amended. Hitherto of the Sheriffs of London. 5. Of the Chamberlain of London. A Chamberlain of a City is termed (among the Latins) Quaestor Aerarius, Aerarii praefectus, Quaestor Urbanus, and Camerarius. The word (Camerarius) expresseth the function of this officer, Chamberlain of a City, for Camerarius, dicitur a Camara, Graec. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, i. e. fornix, sive testudo, a vaulted Roof, or Arch, quia praecipuè in Camaris, & fornicibus, Thesaurus Civitatis reservari antiquitus solebat. It seemeth (saith one) to be borrowed of the Fendists, Zazins de Fendii part. 4. nu. 7. who define the word thus, Camara est Locus, in quem Thesaurus recolligitur, vel Conclave, in quo pecunia reservatur. Another saith, Peregrians de jure fisci lib. 6. tit. 3. that Camerarius, vel Camerlingus, quem Quaestorem Antiqui appellarunt, in rebus fisci primum locum tenet, quia Thesaurarius, & Custos est publicae pecuntae. Having given you the origination, and description of the Chamberlain of a City, or Town incorporated, I shall speak a little of the Chamberlain of this most renowned City. The Chamberlain is the person, that hath the conservation and keeping of all the Lands, moneys, and goods of such Orphans as happen within the City. And to that end he is deemed in the Law a sole corporation, to him, and his successors for Orphans, and therefore a Bond, or Recognizance made to him, and his successors shall go to his successor. This office of the Chamberlain of London seemeth not unlike to a public Treasurer, which collecteth the Customs, money, yearly revenues, and all other payments belonging to the Corporation of this City. In a word; he receiveth all complaints made by Masters against their servants, & vice versa, and affords Justice, and Remedy to each of them. 6. Of the Town Clerk. THe Town-Clerk (in Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) is he who (for his Ability, and learning) is entertained by the Lord Mayor, aldermans & Commonalty of the City, to keep the Books, Rolls, or other Records, wherein are registered the acts and proceed of the City: He may be termed the Register, Preignotary, or Actuary of the famous City of London. 7. Of the Common Sergeant. THe Office of the Common Sergeant is (as I am informed) to attend the Lord Mayor and Court of Aldermen, on Court days. To be a Council with them on all occasions within or without the precincts of this City. To take care of Orphan's Estates, either by taking the account of them, or to sign their Inventories, before the passing of them by the Lord Mayor, and Court of Aldermen; Also this same Officer is to let, set, or otherwise dispose of their Estates, as he shall deem to be most beneficial to the interests of Orphans. 8. Of the Deputy Coroner. THe Lord Mayor being (according to the Custom of the City) perpetual Coroner, doth always constitute a Deputy, that acts for his Lordship, even as Coroners do in the several Counties throughout England. Now touching Coroner are worthy of Observation these particulars following, sc. 1. The Etymology of the word Coroner. Coroner in Latin Coronator, is derived à Corona, Co. 4. Inst. 271. Co. 2. Inst. 31. so called, because he deals principally with pleas of the Crown, or matters appertaining to the Imperial Crown of England. 2. His Antiquity. As for his Antiquity we shall find▪ that Coroners were in the day's o● King Alfred, Mirror c. 1. nu. 3. as appears in the Book, Entitled The Mirror, where it is said, Auxi ordains fair Coronours en chesum County, etc. 3. His Election. He is eligible by the Free holder's of the County, Co. 4. Inst. 27● Co. 2. Inst. 174, 558, 559. and so continues to this day, as of ancient time the Sheriff, and Conservators of the Peace were, because the People had an Interest and safety in the due execution of their Offices, and so long as they were eligible, they continued, notwithstanding the Demise of the King, as the Coroner doth at this day. 4. His Dignity. Of ancient time this Office was of great estimation, Co. 4. Inst. 271. for none could have ●it, under the degree of a Knight. 5. His Qualifications. It is requisite, that a Coroner should have five Qualities. Co. 2. Inst. fol. 174. 1. That he should be Probus homo. 2. Lawful, i. e. Legalis homo. 3. Of sufficient Understanding, and Knowledge. 4. Of good ability and power to execute his Office, according to his knowledge. 5. And lastly, Of Diligence and Intendance for the due Execution of the said Office. 6. His Fees. 3. E 3. Coron 372. A Coroner received a penny of every Visue, when they come before the Judges in Eyre, as belonging to his Office. By the Statute of 3 H. 7. c. 1. he has given him a Fee of thirteen and four pence, upon the view of the Body of the goods of the murderer, etc. 1. H. 8. C. 7. But if the Coroner sit upon the view of any slain by misadventure, he shall have nothing. 7. His Jurisdiction and Authority. As the Sheriff in his Turn may inquire of all Felonies by the Common Law, saving the death of Man, so the Coroner can inquire of no Felony, but of the death of Man, and that super visum Corporis. He hath authority solely to take an Indictment, super visum corporis, Co. 2. Inst. f. 32. Co. 4. Inst. f. 271. and to take an Appeal, and to enter the Appeal, and the County. But he can proceed no further either upon the Indictment or Appeal, but to deliver them over to the Justices. He hath power to bind over Witnesses to the next Goal delivery in that County, whereof he is a Coroner. Besides his judicial Place he hath also Authority ministerial, as a Sheriff hath, viz: when there is just exception taken to the Sheriff, Co. 4. Inst. f. 271. judicial process shall be awarded to the Coroners, for the Execution of the King's Writs, in which Case he is Locum tenens Vicecomitis, and in the same special Case the King's Original Writ shall immediately be directed unto him. But the Quaere may be, if one person be Coroner both of the King's House and County, whether an Indictment taken before him alone, may be good and valid in our Law? It's answered, that an Inquisition taken before B. Coroner of the Palace Royal, Co. 3. Inst. 134: and of one of the Coroners of Middlesex is well taken, and within the Statute of Articuli super Chartas c. 3. Co lib 4 Wrote and wigs Case. Though the Statute requires two persons; for the intent of the Act is performed, and the mischief recited avoided; for though the Court removes, yet he may proceed as Coroner of the County. And the Rule of Law is, Quando duo Jura concurrunt in una persona, aequum est, ac si essent in diversis. Thus much of the Coroner, as to his Antiquity, Election, Dignity, Fees, and Jurisdiction. 9 Of the Deputy Escheator. THe Lord Mayor, as he is Coroner, so likewise is he Escheator, within the famous City of London, and appoints one always as a Deputy Escheator, who is to act within the verge of this City, as Escheators do in the several Counties of England. These Escheators are to look to all Escheates and other Casualties belonging to the Crown, and certifie● them into the Exchequer. Note, In ancient time there were but two Escheators in England, the one on this side of Trent, and the other beyond Trent, at which time they had Sub-Escheators. But in the Reign of King Edward 2. the Offices were divided, and several Escheators made in every County for life, etc. and so continued, till the Reign of Edward 3. And afterwards by the Statute of 14. E. 3. it is enacted, that there should be as many Escheators assigned, as when King Edward 3. came to the Crown, Vide 14 E 3. c. 8.1 H. 8 c. 8.3 H. 8 c. 2. and that was one in every County, and that no Escheator shall tarry in his Office above a year. And by another Statute to be in Office, but once in three years, the Lord Treasurer nameth him. 10. Of the Constables within this Renowned City. COnstable, or Constable, is compounded of two Saxon words, C 4. Inst. f 123. Cunning, per contractionem King, and Stable, i. e. Columen, quasi columen Regis, anciently written Cuningstable. This Office is ancient here in England, and mentioned by Bracton, seeming to answer him, that was called amongst the Romans Tribunus celerum, and afterward Magister Equitum. This word Constable is diversely used in our Common Law: And first, The Constable of England, who is also called Marshal; of whose Authority and Dignity a man may find many arguments and signs, as well in the Statutes, as in the Chronicles of this Realm, his sway consisteth in the care of the common Peace of the Land, in deeds of Arms, and matters of war. Out of this Magistracy were drawn these lower Constables, which we call Constables of Hundreds, and Liberties, and first ordained by the Statute of Winton 13. Ed. 1. which appoints for the conservation of the Peace, and view of Armour, two Constables in every Hundred, and Liberty, and these be at this time called High Constables, because the increase of People and Offences, hath again undet those made others in every Town, called Petty Constables, who are of the like nature, but of inferior Authority to the other. Besides these, there are Officers of particular places called by this name, as Constable of the Tower, Constable of the Exchequer, Constable of Dover Castle, Constable of Windsor; and the now Constable of the famous Castle of Windsor is his Highness' Prince Rupert, Duke of Cumberland, a Person most renowned, not only for his brave conduct and fortitude in martial affairs both by Sea and Land; but also for his great zeal and Love, shown abundantly in defence of the Protestant Religion. For the derivation, and divers acceptation of the word (Constable) I proceed to show what Authority petty Constables have in Cities, Towns, and Villages, according to our Law. If any be threatened, 4. E. 3. Bar. 102. upon complaint to the Constable, he may enforce the Party to put in a Surety, and if he do not commit him to Prison, till he hath found a Surety. A Constable may arrest one which makes an Assault, 21 H, 4.21.5 H. 7.6. though it be of himself. A Constable can take an Obligation to keep the Peace, Kitchin. but he cannot take a Recognizance. 12 E 4.35. The Constable may arrest one, that makes an affray, and carry him to the next Jail, till he find surety of the Peace, but not imprison him in his house, or put him in the Stocks, unless it be in the night, that he cannot carry him to the Jail, for any other reasonable cause. The Constable may search for suspicious persons, and may arrest night walkers. 2 E. 4.9. The Constable may search suspicious Bawdy Houses, where women of ill same are, and may arrest suspected persons, 3 H 7.10.13. H. 7.10. which walk in the night and sleep in the day, or keep suspicious Company; and if he be not of power, he may have aid of his neighbours by the Law. 38. H. 8. Tit. False Judgement. 6. It is said, That a Constable cannot arrest for a Fray after it is done, without a warrant, but before it be done, or whilst it is doing, he may. 3 H. 7.1. A Constable may take the power of the County, where there is a Fray, and especially to take Felons. If a man be strucken, and in peril of death, the Constable ought to arrest the Offender, and to keep him in Prison, till it be known, Kitchin. if he will live or die, or till he have found sureties to appear before the Justices at the Goal delivery: If the Constable do not part Affrayors for the preservation of the King's peace, and apprehend them, being within his view, or do not his utmost endeavour, to part and apprehend them, he may be fined, and imprisoned for his neglect thereof, for he may command others to assist him; and therefore the Rule in him, Idem est facere, & nolle prohibere cum possis, & qui non prohibet, cum prohibere possit, in Culpa est. And if any be commanded to assist him therein, and refuse or neglect the same, it is a contempt in them to be punished by fine and imprisonment. I shall conclude this Learning touching our Constables with these Queries. 1. Quaere. Whether a Constable may bring an Offender to what Justice he pleaseth? Resp. It is adjudged that the Constable having a Warrant to bring one Coram aliquo Justitiar. etc. it is at the Election of the Officer, to bring the Party so attached, Co. lib. 5. f 53. Foster's Case, to what Justice he will; for it is greater Reason, to give the election to the Officer, who (in presumption of Law) is a person indifferent, and sworn to execute his Office duly, then to the Delinquent, and upon the refusal to find surety, the Constable may commit the Delinquent without a new Warrant. 2. Quaere whether the Constable of a Town be bound to make Hue and Cry? Resp. Hue and Cry is, when any Felony is committed, or any Person grievously and dangerously wounded, or any person assaulted, and offered to be rob, Co. 3. Inst. 116. either in the day or night; the Party grieved, or any other may resort to the Constable of the Town, and acquaint him with the causes, describing the party, and telling which way the Offender is gone, and require him to raise Hue and Cry, and the Duty of the Constable is to raise the power of the Town, as well in the night as in the day, for the prosecution of the Offender, and if he be not found there to give the next Constable warning, and he the next, until the Offender be found. 3. Quaere, What is the punishment of them, that shall not levy or pursue an Hue and Cry? Resp. They, Co. 3. Inst. 117. which levy not Hue and Cry, or pursue not upon Hue and Cry shall be punished by Fine, and Imprisonment. Note, it is an Article of the Leet, Stat. de 1●. E. 2 to inquire of Hue and Cries levied, and not pursued. The City of London has been taken into the King's hands, for not levying a Hue and Cry, as appears by this Record, Scil. Mandatum est Gulielmo de Haverhull Thesaurario Regis, Co. 3: Inst. f. 118. quod Civitatem London capiat in manum Regis, eo quod Cives ejusdem Civitatis non levaverunt, Hutesiam & Clamorem pro morte Magistri Guidonis de Arretio & aliorum interfectorum secundum Legem & Consuetudinem Regni. Teste Rege apud Wendestock, 22 die Augus●i. 4. Quaere Whether an Arrest be lawful, where the cause of the Hue and Cry be feigned? Resp. Where Hue and Cry is levied upon any person, the arrest of such person is lawful, Co. 3 Inst. 118. although the cause of the Hue and Cry be feigned; and if the Case be feigned, he that levy the same shall also be arrested, and shall be fined, and imprisoned. But common fame and voice is not sufficient to arrest a man in Case of Felony unless a Felony be done indeed. vide 5. H. 7.5. a. 21. H. 7.28. a. Cro. 2. part Cox verse. Wirral. Bridgemans' Reports Weal ver. Wills. hobart's Reports Cuddington ver. Wilkings, Searls ver. Styles, Poland ver. Mason. Hitherto of the Governors and Officers, appertaining to the most glorious City of London. SECT. XV. Of the several Courts within the City of London. THe principal Courts that appertain to this City are four, viz. The Court of the Husting, the Court of the Sheriffs, the Court of Equity, and the Court of the Lord Mayor and Aldermen. Of these in their order. 1. Of the Court of the Husting. TOuching this Court, are worthy of notice these particularities, scil. The Etymology of the word Hustings, its Antiquity, its pre-eminence, and its Jurisdiction. It is called Hustingum, or Hustings of two Saxon words, viz. Hus, 1. The Etymology. i. e. Domus, and Things, i. e. Placitum; so as Hustingum is as much as to say, Co 2. Inst. 312. Co. 4. Inst. f. 47 as the Bench, or Court of Pleas, Domus placitorum, or Forum Contentiosum, where Causes are pleaded. Other Cities and Towns also have had a Court of the same name, as Winchester, Lincoln, York, and Sheppey, and others, Fleta lib. 2. c. 55. where the Barons and Citizens have a Record of such things as are determinable before them. For the Antiquity of this Court of Hustings amongst the Laws of Saint Edward, you may read these words, 2 The Antiquity of this City. scil. Debet enim in London, quae caput est Regni, & Legum, semper Curiae Domini Regis singulis septimanis die Lunae Hustingis sedere, & teneri, etc. 3. It's pre-eminence. The Court of Hustings is the highest Court, and of greatest Celebrity within the City of London, and it's holden before the Lord Mayor, and Sheriffs. Co. 2. Inst. 322. Co. 4. Inst. f, 247. 4 Its Jurisdiction. As touching the Jurisdiction, Power, and Authority of this Court, are worthy of our Observation these Particulars, Scil. 16 H. 7.12.11 H. 7.10. a 6 H. 7.15. 1. That there be two Husting in London, one is de communibus placitis; The other is de placito Terrae; And therefore upon return of Writs, to mention a Recovery at the Court of Hustings in London (where there are two kinds) and it is not said, at which of the Husting, it is not good. 2. The manner of proceed upon a Foreign Voucher; It is provided by a Statute made in 9 E. 1. That if one be impleaded in the City of London, 6 E. 1. c. 12. do vouch a Foreigner to warranty, the Mayor and Bailiffs shall adjourn the Parties before the Justices of the Common Bank at certain day, and shall send their Record thither. And the Justices shall cause the warrantor to be summoned before them, and shall try the warranty. And the Mayor, and Bailiffs in the mean time shall surcease in the matter, that dependeth before them by a writ, until such time as the warranty by determined, before the Justices of the Bench. And when the matter shall be determined, Commandment shall be given to the Vouchee to departed into the City, and to swear the first plea. And the Demandant at his suit, shall have a writ from the Justices of the Bench, unto the Mayor, and Bailiffs, that in case the Tenant have last his Land, they shall cause it to be extended, and return the same extent unto the Bench at a certain day. And after it shall be commanded to the Sheriff of the Shire, where the warranty was summoned, that he shall cause the Tenants to have the Lands of the Warrantor to the like value Vide more in the Statute aforesaid. In Dower in the Husting of London against the Husband, and Wife, who vouch a foreigner in warranty, 18. E. 2.3. a. b. Tit. Receipt. 106. Co. 2. Inst. f. 326. whereupon the plea is adjourned into the Common Pleas at a certain day, at which day the husband, and Wife sued out a writ against the Vouchee; whereupon the Vouchee appeared, and the Baron made default, and the Wife prayed to be received upon his default; and by the Rule of the Court she was received, and that it was within their Commission, for that the default was made in this Court, whereupon the Land was to be lost, if she were not received; for it is a Maxim in Law, Necessitas sub Lege non continetur, quia quod alias non est Licitum, necessitas facit licitum, but yet others are of another opinion. In a pr●●cipe in the Husting in London, the Tenant voucheth one in London, and other foreign Vouchees in the County of Norfolk, etc. In this case, as well the Voucher within London, as the foreign Vouchers shall be removed, Co. 2. Inst. f. 325. for although the words of the Stat. of Gloc. c. 12. Vouch foreign a guarantee; yet because process should be made by the Court of Common Pleas only against the foreign Vouchees, although they came in, they should not warrant, nor answer without the others, before process were determined against them in London; so as necessity requireth, that process should be made against all at one time, and that ought to be done in the more worthy Court, and when the Warranty is determined in the Court of Common Pleas, all shall be remanded. It is worthy of observation (says Coke) that at the Common Law in case of a foreign Voucher in the Husting of London, Co. 2. Inst. 327. the plea was adjourned before the Justices in Eyre, when they came to the Tower of London, for the Court of Hustings, London, was not derived out of the Jurisdiction of the Court of Common pleas, as other Courts, that have power to to hold pleas Real, are, and therefore the Adjournment was, before the Justices in Eyre. 3. The manner of proceed upon the plea of Bastardy, or the plea ne unques acconpte en Loyal Matrimony. If in an action Ancestrel the Tenant plea Bastardy in the Demandant, Co. 2. Inst. f. 271 or in a writ of Dower the Tenant plead Ne unques acconpte en Loyal matrimony, neither the Court in London, Co. Litt. fol. 134. or any like Inferior Court cannot award a writ to the Bishop for Trial thereof; for nullus alius praeter Regem possit Episcopo demandare inquisitionem faciendam; And therefore if such pleas be pleaded in London, the Record shall be removed; and after a writ to the Bishop, and certificate made by the Bishop, the Record shall be remanded into London again. 4. That a suit upon a penal Law cannot be brought either in the Court of the Husting, Cro. 3. part. Miller ver. Regem 538. or in any other Court at Guildhall, but it must be commenced in the King's Courts at Westminster, where the King's Attorney is to acknowledge, or deny. 2. Of the Courts of the Sheriffs. Touching the Courts of the Sheriffs of London is observable the Manner of proceeding in two things. scil. 1. In a writ of error. 2. In an execution upon a Condemnation in the Sheriff's Courts. 1. The manner in a writ of error. If an Erroneous Judgement be given before either Sheriffs, the party, grieved shall have a writ of error, and remove this before the Mayor, and Sheriffs in the Husting; If they do not yield redress there, then shall certain Justices be assigned by the King's Commission, to sit at St martyn's le Grand, by nisi prius for to redress the said Judgement and if there be default found in the Mayor, and Sheriffs, they shall be punished for their Misprisions, by the form, that is contained in the Statute of 28. E. 3. c. 10. 2. The manner upon an Execution, Cro. 3. part. Cusackes Case f. 128. One taken in execution in London, upon a Condemnation in the Sheriff's Court, and removed by Habeas Corpus into the King's Bench, shall be committed there in execution for that Debt, and having discharged all Causes in the King's Bench, shall be remanded. 3. Of the Court of Equity. This Court of Equity before the Lord Mayor, is called commonly the Court of Conscience, or the Court of Requests, in Latin Curia Requisitionum, sive Requestarum; seu Requisitorum, and the Lord Mayor himself, by whom this Court is swayed, and governed, may be termed by us, Magister a Libellis supplicum. Touching this Court of Equity I propose these Cases, that I have met with in our books. If a man be impleaded before the Sheriffs, Co. lib. 8. f. 126.10 H. 6.14 Co 4 Inst. 268. the Mayor upon the suggestion of the Defendant may send for the parties, and for the Record, and examine the parties upon their plea and if it be found upon his examination, that the Plaintiff is satisfied, his Lordship may award, that the Plaintiff shall be barred. There is a special Act of Parliament for the Relief of poor Debtors 3. Jac. where by it is enacted, 3. Jac. c. 15. that every poor Citizen, and Freeman inhabiting in London, being sued for debt under forty shillings, may exhibit his suit in the Court of London, called the Court of Requests in London, who shall nominate Commissions to the number of 12. and three of that Commission may send for any Creditor, who is complained of, in sueing for such a Debt under 40. s. and if he refuse to come, or perform not their Orders they may cause him to be arrested, by any Sergeant of London, and commit him to prison there to remain, until he perform the said order. A Citizen of London sued another Citizen in the Common Pleas, Cro. 1. part. f. 33. pl. 14●. and the Mayor, and Aldermen would have him, put the matter, to compromise, and he refused, they did disfranchise him: all those, that were parties to the disfranchisement, were fined an hundred Marks a piece, and the party was restored to his Franchise, that is to his Liberty; for Franchise in the Common Law signifies sometimes, the incorporating a man to be Free of Company, Co. Litt. 137 b. or body politic, as a Free man of a City, or Burgess of a Borough. Quere. To conclude; The Quoere may be; How this Court of Equity in London was raised? Whether by Act of Parliament, prescription, or by Letters Patents. Resp. It is answered, that this Court of Equity must of necessity be raised, either by Act of Parliament, or by prescription, for a Court of Equity cannot be had by the Kings Grant, or Letters patents, as appears by our books; and therefore it must be by one of the former ways; and my Lord Hobart in the Case, Co. 4. Inst. 248, 87, 97. & 121 hobart's Reports Martin ver. Marshal & Kerb. f 63. betwixt Martin and Marshal tells us that London, and the Cinque Ports have Acts of Parliament for their Courts of Equity; But Chester and Durham by prescription. 4. Of the Court of the Lord Mayor and Aldermen. The Court of the Lord Mayor, and aldermans is a Court of Record, and consisteth of the Lord Mayor, the Recorder, and Aldermen, whereof the two Sheriffs, being Aldermen, are part. This Court principally was instituted (amongst other Causes) for the redressing, and correcting the Errors, Defaults, and misprisions, which be used in the City of London. In this Court are comprehended several other Courts, as namely. 1. The Court of Orphans. 2. The Court of Ward-mote. 3. The Court of Hull-mote. 4. The Court of the Conservation of the Water, and River of Thames. 5. The Court of the Coroner in London. 6. The Court of Escheatour in London. 7. The Court of Policies, and Assurances in London. 8. The Court of the Tower of London. 9 The Court of Common Council, wherein are enacted Constitutions, and Laws, for the advancement of Trade, and Traffic; And lastly, the Court of the Chamberlain for Apprentices, which concerneth the making Free of Apprentices; touching which Freedom I shall present to the Reader what I have met with, in the Books of the Common and Roman Laws. The Common Law. One may be a Freeman of London three manner of ways, viz. Co. lib. 8. le Case of London. Co. 4. Inst. 250. Bustrods' Reports 2. part. Allen ver. Tooly. 1. By service, as in the Case of Apprenticeship. 2. By Birthright, the Son of a Freeman. 3. By Redemption, by order of the Court of Aldermen. So the Freedom of the City of Rome was three ways obtained, scil. The Civil Law. 1. By Manumission, which was thus, when as a Servant was presented by his Master before the Consul, or Praetor, Godwins Antiq. Lib. 1. sect. 2. c. 6. & lib. 3. sect. 4. c. 4 de jure civium Romanorum. the Master laying his hand upon his Servants head, used this form of words, Hunc liberum esse volo, and with that turning his Servant round, and giving him a Cuff on the ear, he did emittere Servum è manu: the Praetor then laying a certain Wand, or Rod called Vindicta, upon the Servants head, replied in this manner, Dico eum Liberum esse more Quiritum. Then the Lictor, or Sergeant taking the Wand did strike therewith the Servant on the head, and with his hand struck him on the face, and gave him a push on the back, and after this he was registered for a Freeman. 2. By Birth, both, or at least one of the Parents being Free, Municipium aut nativitas facit, aut manumissio, aut adoptio. D. 50.1.1. and such where called Cives Originarii, or Cives nati. 3. By Gift, and Cooptation, when the Freedom was bestowed on any Stranger, or Nation, and they were termed Civitate donati, and so we read that Caesar took in whole nations into the Freedom, that is, they had the Roman Privileges: So saith Philo of Agrippa 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; He gave the Privileges of the Roman Citizenship to whole Countries of some of his Friends. Hence is it, that Cicero tells us, Omnibus municipibus duas esse patrias, Lib. 2. de Legibus. unam naturae, Alteram Juris, Catonis exemplo, qui Tusculi natus, in populi Romani societatem susceptus est. Thus much of the several Courrs, that are within the verge of this most noble City of London; I come now to the Customs of the same place, of which I shall present but very few in this Treatise, and my Reason is, because I have written already of the Customs appertaining to this City, in a Tract, called Speculam Juris Anglicani, lately exposed to the public view. SECT. XVI. Of the Customs of the renowned City of London. OF the Customs of this City, some have been approved of, in the Courts at Westminster; and some disallowed because of their unreasonabless. Customs allowed at the Courts of Westminster are such as these following. 1. Customs allowed. It's a Custom of London, More Reports Watbrooke ver. Griffith num. 1229. Bulstrods' Reports 1. part. Moss verse. Townesend. That in Case a horse at an Inn, eats more, than he is worth, the same may be praised by the next Neighbour, and sold for the payment of the money. It's a Custom of London to have, Dyer 257.370. Plegiis acquietandis sans fait. A Custom of London, to make Ordinances, and by Laws. It's a Custom of the City, Pasch. 15. Car. in B. R. Marsh. 15. That the Lord Mayor may appoint a Citizen a place, in which he may erect his Tavern. By the Custom of London, in every shop there is a Market all the days of the Week, saving Sundays, and Holy days. 5. E. 4.30. By the Custom of London, if a Debtor become fugitive, he may be arrested before the day of payment. Co. lib. 8.5. Smellings case. It is a Custom of the City, that if one Citizen be indebted to another in a single Contract, it shall be equal to an obligation. 21. H. 7, 18. a. It's a Custom, that a Feme Covert, sole Merchant, shall be impleaded, and implead without her husband. Thus much for Customs allowed in the Courts at Westminster. 2. Customs Dissallowed. Customs of London pleaded, and disallowed by the Judges, are such these. Ploughed. Com. 243. b. 35, H. 6.25. b. Davys Reports 33. b. le Case de Tanistry. A Custom of London pleaded, that he to whom goods are pledged, shall retain them, Cujuscunque fuerint, till he be satisfied of the sum, for which they were pledged, this Custom was not held good; for this Custom shall not bind the King, or his goods, that were pledged by a Stranges. A Custom of London, to make Corporations, was held void; 29. Ass. pl. 8. le case de Whi●tawers. for the King only may do it by his prerogative. Custom of London for an Abuse offered to an Alderman opon the Exchange, and committed thereupon, Cro. 1. part. Deans Case 689. is not good. Debt for an Escape, and the party counts, that whereas he had a Judgement in Debt against one in London, and a Capias ad satisfac. against him, upon a non est inventus was returned, Cro. 1. part. Devered vers. Ratcliff Sheriff of London. for which one of his sureties being in Prison thereupon a plaint, under the Custody of the Defendant, was detained in execution, secundum Consuetudinem Civitatis predict. and after he escaped, etc. upon this the Defendant demurred: And one of the Causes of this Demurrer was, that the Custom was not good, for he ought to have a scire facias against the Bail; for it is unreasonable, to take him in execution without answer, for he might plead a Release of the Party, or that the principal is dead, and so discharge himself; and for this Cause the Custom by the Court of King's Bench held unreasonable. Qu. But the Quaere may be, whether ill Customs (such as these, I have here named,) confirmed by Act of Parliament, be thereby made good, or not. Resp. It is answered, that the Statutes, which confirm the Customs of London shall never be construed for the Ratification of any ill, or irrational, Custom, which has been made use of within the City of London; And this is agreeable with the Interpretation of Mr Horn, whose words are these. In point, que demand, que le City de Londres cit ses franchises, & says frank Customs, est interpretable en cest manner, que les Citizens eient lour Franchises, dont ils sont inherit per loyal Title, de dones, & confirmements des Royes, & les queux ilz ne out forfeits per nul abusion, & que ilz eient lour franchises, & Customs, quae sont sufferable per droit & nient repugnant all Ley; And this very interpretation agreeth with divers of our later books (as Ploughed. Com. f. 400. Davys Reports. le case de Commenda f. 75. b. Co. Litt. f. 381. b. 11. H. 7.21.45. E. 3.26.) which prove, that the words of an Act of Parliament shall be taken in a Lawful, and Rightful sense. SECT. XVII. Of the Franchises, Liberties, ad singularities of the most glorious City of London. THrough the special favour, and Indulgence of our Princes, the Kings of England, the Citizens of London have obtained very large, and great Immunities, or Privileges; of which some are given to the Londoners by Royal Charters; and some by the Royal Assent in Parliament. 1. Of the Franchises, and Liberties that are derived to the Trenovants by Charters Royal. Privilege 1. Omnes homines London sint quieti, & Liberi, & omnes Res eorum per totam Angliam, & per portus maris de Theolonio & passagio, & ab omnibus aliis Consuetudinibus. Vide Chartam H. 1. de Libert. London. Privilege 2. H●nting. King H. I. by his Charter granted for the Recreation of the Londoners, Quod Cives London habeant fugationes suas ad fugandum, sicut melius, & plenius habuerunt Antecessores eorum, scil. Silve, & Middlesex, & Sure. Co. 4. Inst. f. 314. Privilege 3. Toll-free. King H. 3. Granted, that the Citizens of London should pass Toll-free, throughout England. Privilege 4. In 11. H. 3. The King granted, and confirmed to the Citizens of London Free-warren, Free-warren. or Liberty to hunt a certain circuit about the City, in the warren of Stones, etc. Privilege 5. King H. 3. granted to the City of London, quòd nullus Civis faciat Duellum, Duels. & quod de placitis ad Coronam, pertinentibus, se possint disrationare, secundam antiquam consuetudinem Civitatis. Citizens of London, no battle shall be gauged against any of them. Co. 4. Inst. 252. A Citizen of London sued an Appeal of Robbery, the defendant gauged Battle, the plaintiff said, that he was a Citizen of London, that they have there such Franchise, that no battle shall be gauged against any of them, this extends to every particular Citizen. Bulstrodes Reports 3. part. f. 16.21. E. 4. f. 12. & 27. Privilege 6. In 11. H. 3. the King granted to the City of London this special, and rare Liberty. Si illis qui pro tempore fuerint Vice-Comites constituti aliquod delictum fecerint, Sheriffs of London. unde misericordiam pecuniae debeant incurrere, non judicentur ad plus nisi ad miserecordiam vigint. Libr. & hoc sive damno aliorum Civium si Vicecomit▪ non sufficiantur ad miserecordiarum suam solutionem. Co. 4. Inst. 254. Privilege 7. King John by his Letters granted to the Citizens of London, Election of a Mayor. Liberty yearly to choose to themselves a Mayor. Co. 4. Inst. 253. Privilege 8. In the year 1282. King Ed. I. granted to H. Waller Mayor, Walls. and the Citizens of London to take toward the making of the wall, and enclosure of the City, certain Customs, or Toll, as appeareth by his grant. Stow. Privilege 9 Mayor. In the Reign of Ric. I. The Citizens of London obtained to have a Mayor to be their principal Governor, and Lieutenant of the City, as of the King's Chamber. Stow. Privilege 10. For the repairing of Bishopsgate H. 3. granted, Bishopsgate. and confirmed to the Merchants of Hanced, that had an House in the City of London, called Guildhalla Theutonicorum, certain Liberties, and privileges. Stow. Privilege 11. Kind Ed. III. granted, Justice of Oyer. that the Lord Mayor should be Justice for the Goal delivery at Newgate. Stow. Privilege 12. Ed. III. granted, Maces. that the Sergeants of the Lord Mayor should bear Maces of silver. Co. 4. Instit. f. 252. Privilege 13. Ed. III. granted, that no Escheator should be in the City, Escheator. but the Lord Mayor for his time. Stow. Privilege 14. Clerks. King H. 3. granted that either Sheriff should have two Clerks, and two Sergeants; Seal. also that the Citizens should have a Common Seal. Stow. Privilege 15. It is a Liberty of London granted, Quod nullus Civium sit implacitatus extra muros. Privilege 16. Walls and Ditch. It was granted by Ric. II. That a Toll should be taken of the Wates, sold by Land, or by water, towards the Repairing of the walls, cleansing of the Ditch about London. Stow. Privilege 17. London Bridge King John gave certain void places in London, to build upon, the profits thereof to remain, towards the charges of rebuilding, and repairing of London Bridge. Stow. Privilege 18. By the patent of Ed. II. London Bridg. a Subsidy was granted towards the Amendment of London Bridge. Stow. Privilege 19 In H. III. time, ships of the Ports arrested, Corn brought into ports. and forced to bring their Corn to Queen Hithe, but the ships of the Citizens of London were at liberty to arrive where the owners would appoint them. Privilege. 20. Aldermen of London were used to be changed yearly but it was ordered in 28. E. 3. Aldermen. that they should not be removed, without special cause. Stow. Privilege 21. Ed. III. in the 3. Paving. year of his Reign gave the Citizens of London Licence to take a Toll, towards the charge of paving the Borough of Southwark with stone. Privilege 23. Physicians. King H. 8. by his Letters Patents erected a Body Corporate of Physic in London, and seven mile's compass. Privilege 22. Sales in gross. It was granted in some King's Reign, that all Clothes, or other Merchandizes should not be sold in gross, but only to the Citizens of London. Privilege 24. The City of London hath by the King's Charter the soil, and ground of the River of Thames granted to them, by virtue of which grant, the City at this day, receive Rents of them, that six posts or make wharses, or other Buildings upon the soil of the said River. Davys Reports le case de Royal Pischary. Privilege 25. Lands, etc. in South-wark. In the year 1550. King E. 6. granted to the Mayor and Commonalty, all his Lands, and Tenements in Southwark, except, and reserved the Capital Message, two Mansions, called Southwark place, and all the gardens, and Lands to the same appertaining, the Park, and Message, called the Antelope. He gave them the Lordship, and Manor of Southwark with all members, & Rights thereof, late pertaining to the Monastery of Bermondsey. All messages, places buildings Rents, Courts, waifs, and strays, to the same pertaining, in the County of Surry. He granted to them, in, and through the Borough and Town of Southwark, and in all the parishes of St Savior, Saint Olave, and St George, and the Parish of St. Thomas Hospital, and elsewhere in the said Town, and Borough of Southwark, and Kentish street, Bermondsey street, in the Parish of Newington, all waifs, and strays, Treasure Trove, all felons goods, etc. within the Parishes, and precincts aforesaid, etc. The Return of writs, processes, and warrants, etc. Together with a Fair in the whole Town for three days, with a Court of Pypowders; a view of frankepledg, with Attachents, Arrests; etc. Also, to arrest all felons, & other Malefactors, within their precinct, and send them to ward, and to Newgate. Stow. Privilege. 26. Bridewell. In the year 1553. Ed. 6. gave unto the Lord Mayor, Commonalty, and Citizens, his house of Brid-well, and 700. marks Land, late of the possessions of the house of the Savoy, and all the Bedding, and other furnitute of the said Hospital of the Savoy towards the maintenance of the said workhouse of Brid-well, and the Hospital of St. Thomas in Southwark. Stow. Privilege 27. King John gave the City of London Authority: Sheriffs. to choose, and deprive their Sheriffs at their pleasure. Stow. Privilege 28. The Citizens of London are by a Charter of King Ed. 3. excepted from paying of prisage. Prisage. Touching this Franchise or Liberty of Prisage I shall present to the Reader these resolutions, showing who shall be a reputed Citizen, and who not, as to the being exempted of paying Prisage. A Question was in the Court of Exchequer 44. Eliz. If a Citizen of London, that had not a family, and did not pay Scot, and Lot, but sojourn in another house, shall have the benefit of the King's Charter? In the argument of the case, Coke, than Attorney General, put this difference of Citizens, viz. That there was A Citizen Nomine. Re. Re, & nomine; It was said, that a Citizen Re, & nomine. He, that is a Freeman of London, and an Inhabitant, and one that paid Scot, and Let there, shall be discharged of prisage by the said Charter, etc. Davys Reports le Case de Customs f. 10. b. He that is to have benefit, and advantage of this Charter, aught to be integre Civis, and an entire Citizen, as it was adjudged in 4. H. 6. in one Knowls case, a Citizen, and Free-Grocer of London, removed his household cum pannis, and did dwell at Bristol, but yet kept his shop at London, and he, having a ship laden with wines, which was unladen in the port of London, would have had the benefit of this Charter of discharge of prisage; But it was ruled against him; for that he was not such a Citizen as was capable of this discharge; for that he ought to be Civis, Incola, Commorans. 4. H. 6. Knowls' Case. 14. H. 6. etc. A private Act of Parliament: Complaint was made, that the Lord Mayor would make strangers Citizens; it was there declared, that this benefit to be discharged from payment of prisage, did not extend unto such Citizens as were Dotati, made free, but unto those Citizens only, which are Commorant, Incolant, and Resiant within the City. A person disfranchised before the arrival of his ship, shall lose the benefit of prisage, he was entitled to at the lading, and a person made free after the lading shall have the benefit of discharge. Bulstrodes Reports 3. part. The King, and Sir Thomas Waller verse. Francis Hanger. A Woman cannot be capable of this Immunity, though a Citizen; to what end say I; She cannot bear Civilia, or publicae onera of the City; she cannot do any thing for the benefit of the City; she cannot perform Watch, and Ward; she can bear no office in the City; neither can she be of any of the Companies; she cannot be an Attorney; she may be a Freewoman, but this is only to have her will (as many so have) but to no other purpose. Thus much of the Franchises granted to the Londoners by Charters Royal, and such as are allowed to be good, & agreeable to the Laws of England; I shall now put a Case, or two of such singularities, or Privileges as have been adjudged to be contrary to the freedom, of the subject, and consequentially the King's grants are deemed void in Law. King H. 6. granted to the Corporation of Dyers within London, power to search, etc. and if they found any Cloth died with Log wood, that the Cloth should be forfeit: and it was adjudged this Charter concerning the forfeiture, was against the Law of the Land. For no forfeiture can grow by Letters Patent. Co. lib. 8. Trin. 41. Eliz. f. 125. le Case de Londres. So the Company of Merchant Taylots of England, having power by their Charter to make Ordinances, made an Ordinance, Co. 2. Inst. 47. Tr. 41. Eliz. coram Rege ●ot. 92. in Tr. inter Davent & Hurdes. that every Brother of the same Society should put the one half of his Clothes to be dressed by some Clothworker free of the same Company; upon pain to forfeit 10 s. etc. and it was adjudged that this Ordinance was against Law, because it was against the Liberty of the Subject, for every subject hath freedom to put his Clothes to be dressed by whom he will, & sic de similibus: And so it is, if such, or the like grant had been made by his Letters Patents. So if a grant should be made to a Londoner, to have the sole making of Cards, Trin. 44. Eliz. Coram Rege Co. lib. 11 fol. 84. & 85 etc. Edward Darries Case. or the sole dealing with any other Trade, that grant is against the Liberty, and freedom of the Subject, that before did, or lawfully might have used that trade and consequently is against the Great Charter of England. Hitherto of franchises granted by the Charters of the Kings of England, we proceed to those that have been given to the Citizens of London by our Kings in their several Parliaments. 2. Of the Franchises, Liberties, or Singularities, which the Londoners have obtained from the favour of our Kings in the high Court of Parliament. Singularity 1. King Athelstan in his Laws or Constitutions, appointing, Mint-Masters. how many Mint-Masters should be in each City, alloweth 8. to London, and not so many to any other City. Singularity 2. King H. 1. in his Laws, Amerciament. commandeth that no Citizen of London shall be amerced above 100 s. for any pecuniary pain. Singularity 3. It is granted to the Citizens of London, Gavelet. that the Lords of Rents in London may recover them by a writ of Gavelet. 10. E. 2. Singularity 4. The Kng granted, that the Citizens of London should not be constrained to go out of the City to any War, Warr. and that the Liberties of this City should not for any cause whatsoever be taken into the King's hands Rot. Parl. 1. E. 3. Authoritate Parliamenti. Singularity. 5. Erroneous Judgement. It is enacted, that the Statute of 28. E. 3. c. 10. shall not extend to any erroneous judgement given, or to be given in the City of London. Parl. 7. R. 2. nu. 26. Singularity 6. Aldermen. The Aldermen of London shall not be hereafter elected yearly, but remain, until they be put out for reasonable cause. 17. R. 2. c. 11. Singularity 7. Malt. The Lord Mayor, and Aldermen may reform the defaults of Victuallers. Victuallers. 7. R. 2. c. 11. vide 31. E. 3. c. 10. Singularity. 8. Malt sold to London shall be cleansed from Dust. 17. R. 2. c. 3. Malt. Singularity 9 It is Enacted in the Reign of R. 2. That the Mayor, Guardian-ship of Orphans and Chamberlain of London, shall have the keeping of all the Lands, and goods of such Orphans, as happen within the City. Singularity 10. The Mayor of London shall redress such Errors, Defaults, Redressing of Errors. and Misprisons, notoriously used in the same City. 1. H. 4. c. 15. Singularity 11. The Stat. of Ed. 4. c. 2. doth not extend to the Sheriffs of London, Sheriffs of London. as touching Indictments and Presentments. Singularity 12. Citizens, and Freemen of London, may carry their wares to any Fairs, Wares. or Markets throughout England. 3. H. 7. c. 9 Singularity 13. Butcher's shall kill no beasts in London. Butchers. 11. H. 7. c. 21. Singularity 14. By the Stat. of 9 H. 7. c. 8. no scavage, Scavage, or Shewage. or shewage shall be paid in any place, but it shall be taken by the Mayor, and Sheriffs of London. Singularity 15. The Mayor of London, and his Successors have like Authority in all issues, Breaches, Sewars. ground over flown, as far as the water ebbeth, and floweth, grown out of the River of Thames, as touching the punishment for using unlawful nets, and engines, as his Lordship hath within this said River 4. H. 7. c. 15. Singularity 16. For all issues forfeited by Jurors in the Mayor's Court, Issue forfeited it is lawful for his Lordship, and his Successors, to distrein, and the same distress detain, until he, or they be satisfied of the said issues. 4. H. 8. c. 3. Singularity 17. All Strangers within two miles of London shall be under the Reformation of the Wardens of Handy Crafts within the City of London. Warden: of Handicrafts. 15. and 16. H. 8. c. 2. Singularity 18. Wardens of Cowpers shall search, Wardens of Cowpers. etc. and gauge all manner of Barrels, etc. For Ale, Soap, to be put to sale within 2. mile's compass, without the Suburbs of the City of London. 23. H. 8. c. 4. Singularity 19 A Londoner returned upon a Jury to the Courts at Westminster, having goods to the value of 40. marks, shall be sworn, Jurors. and do, in all such Juries, in every thing, as other persons may do, having Lands, or Tenements of the yearly value of forty shillings. 4. H. 8. c 3. & 5. H. 8. c. 5. Singularity 20. By the Stat. of 4. H. 8. c. 14. It is Enacted, that the Mayor of the City of London may search oil, Oils. in the City of London, and punish all such as sell false oil. Singularity 21. The Lord Mayor of London may set fines upon those, Paving. which do not pave or repair any street, or Land, 32. H. 8. c. 17. Singularity 22. Woods growing within the compass of 22. miles from, and about London, Woods. or the Suburbs of the same, shall not be felled, to be converted to Coals, for making of Iron works 23. Eliz. c. 5. Singularity 23. The Mayor in the Reign of Edward 3. procured an Act of Parliament, Whores. Vide daniel's History f. 243. that no known Whore should wear any hood, or attire on her head; except reyed, and striped Cloth of divers Colours. If this Law should now be put in force I am afraid; there would be very few black hoods worn. Note, the Athenian Law was, Floridas. Meretrices vestres indutae sunto. Singularity 24. By the Stat. of 1. Jac. c. 19 Garbler of London. the ancient officer of London, called the Garbler of Spices hath authority at all, and every time, and times, in the day time to enter into shops, warehouses, or Cellar to view, and search Drugs, and Spices, etc. and to garble, and make them clean. Singularity 25. All wares from hence forth shall be utterly, Wares. put down by Thames and Medway. 9 E. 3. c. 22. Singularity 26. Damages. King E. 1. Of his grace granted unto the Citizens of London, that whereas before times they, that were disseized of freehold in the same City, could not recover their damages, before the coming of the Justices to the Tower, that from hence forth the Disseizees shall have damages by Recognizance of the same Assize, whereby they recovered their Lands. 6. E. 1. c. 14. Singularity 27. Salmon. By the Stat. of 20. R. 2. c. 9 it is enacted, that the Mayor, or Warden of London shall have the Conservation of the Stat. touching Salmon (viz. 13. E. 1. c. 47.13. R. 2. c. 19) in the waters of Thames, from the Bridge of Stane to London, and from thence over the same water, and in the water of Medway. Singularity 28. In 12. R. 2. c. 13. There is a punishment ordained for him, Corruption. which shall cast corruption into any place near the City of London. Singularity 29. In the 13. & 14. year of the Reign of the King, (our most Gracious and Serene Sovereign) that now is, Higwayes and streets. there was an Act made for Repairing of High ways, and for paving, and keeping clean streets, etc. in and about the City of London; and by that Act it is ordained, that the Lord Mayor, Recorder, and Aldermen shall be joint Commissioners in exercising all the powers of this said Act, within the City, and Liberties thereof. Singularity 30. Curriers In the Stat. of 14. of this King's Reign (which was enacted for the restraining the exportation of Leather, and Raw Hides out of the Realm) it is ordered, that the Master, and Wardens of the Company of Curriers shall enter into any Warehouse, etc. within the City of London, or 3. miles of the same City, belonging to any of the cordwainers, etc. to search for, and seize, all such Leather, intended to be prohibited, to be used, by a clause in the said Act, etc. Singularity 31. In the 19 Imposition on Coals for buildings of Cathedral, etc. Churches. year of the same King there was an Act made for the Rebuilding of the City of London, and for the further enabling the Lord Mayor, etc. to perform all the works mentioned in the said Law; It is ordained, that for all sorts of Coals, which shall be brought into the Port of London, shall be paid by way of Imposition thereupon, viz. For such sort of Coals as were usually sold by the Chauldron the sum of 12. pence, and for such sort of Coals as are sold by the Tun the like sum of 12. pence. And likewise in 22 year of his Majesty's Reign it was enacted, that there should be paid for every Chauldron, or sum of Coals, two shillings over, and beside the aforesaid Imposition of 12d. for the Rebuilding Cathedral, and Parochial Churches, within the City of London; His Majesties beloved and native City, towards which his Royal Heart hath been so gracious, and so full of Princely designs, to inprove its Honour, Wealth and Beauty. Having thus attempted to present to the Courteous Readers view some of those Notable, Rare, and Special Liberties, and Privileges, that the Citizens of London have, and do claim by virtue of Charters Royal, and Acts of Parliament, I shall now come to a conclusion of this small, and slender Treatise with a Rehearsal of some of the Statutes, both conservant, and confirmant, appertaining to this most glorious, and most renowned City of London. Amongst the Acts of Parliament, that are called preserving, Statutes Conservant or saving. or saving Laws viz. of the Liberties, belonging to London, take these following, sc. 3. E. 4. c: 4, The liberties of great Saint martin's in London reserved by the Statute of 3. E. 4. c. 4. touching Marchandizes. 7: H. 4. c. 17. The Citizens of London may take Apprentices, according to their old Custom notwithstanding the Stat. of 7. H. 4. 19 H. 7. c. 23: By the Stat. of 19 H. 7. c. 23. All Acts made in Derogation of the Merchants of Stillyard are void, provided that the Statute shall not prejudice the Liberties of London. 5. Eliz. c. 4. In the Stat. of 5. Eliz. touching Apprentices there is a proviso, that the Act shall not be prejudicial to the City of London, or privileges of the same City. 1. Jac. c. 21. In the Stat. of 1. Jac. touching Sale of goods purloined in London, etc. Is a proviso; that the said Act shall not be prejudicial to the ancient Trade of of Brokers, within the City of London, etc. or other trades within the said City, and Liberties of the same, being settled, as it is mentioned in the said Act. In the 12. of the King that now is, it was enacted in the Stat. touching Wards, and Liveries, that the Act shall not extend, to alter, or prejudice the Custom of the City of London concerning Orphans. In the 14. year of his Majesty's Reign there is a Law made for preventing Abuses in printing; in which Act there is this proviso, that this said Act shall not extend to prohibit any Bookseller, who hath served 7. years, and is Free of the Company of Stationers of London, from importing into the Realm any Books ready bound, not formerly prohibited. Amongst the Statutes, that have been enacted for the strengthening, Statutes Confirmant. and confirming of the Customs and Liberties of London, there are 3. of them most notorious; one enacted in the Reign of H. 3. Another, in the time of E. 3. And a third made in the days of R. 2. In the Reign of H. 3. it was enacted in these words. sc. Civita. London habeat omnes Libertates suas antiquas & Consuetudines suas, the City of London shall have all the old Liberties, and Customs, which it hath been used to have. In the Reign of Ed. 3. it was ordained, that the Liberties of this City shall not for any cause be taken into the King Hands. Rot. Parl. 1. E. 3. authoritate Parliamenti. In the Reign of R. 2. there is a most beneficial Statute made which no other Corporation hath; it is enacted that the Citizens of London shall enjoy all their whole Liberties whatsoever with this Clause, licet usi non fuerunt, vel abusi fuerunt, Co. 4. Inst. f. 250, and notwithstanding any Statute to the contrary, etc. Lege Statutum; for by this Act the City of London may claim Liberties by proscription, Charter, or Parliament, notwithstanding any Stat. mad before 7. R. 2. Note; the most gracious, and Royal Concession of his late Majesty (the most glorious Martyr, that willingly died for the preservation of established Religion and Laws) at Newport was, That an Act be passed for granting, and confirming, the Charters, Customs, Liberties, and Franchises of the City of London, notwithstanding any Non-user, Misuser, or Abuser. I have no more to say, in honour of this City, but only to conjure the Inhabitants thereof for all these singular tokens of the Liberal favour and good liking of our Princes, to honour, and obey their King, that now is, and to say with me, their fellow subject, scil. VIVAT REX, ac Maximè floreat Triplex Corona Serenissimi, Potentissimi, Sacratissimique Principis nostri, Caroli à Carolo. FINIS. Books Printed for William Crook at the Green Dragon without Temple Bar. 1. THe Complete Vineyard, or an excellent way for Planting of Vines in England; and how to make Wine of their Grapes. By W Hugh's, price 2 s. 2. The Complete Measurer or a new exact Way of Mensuration. By Thomas Hammon, price 1 s. 3. The Deaf and Dumb Man's discourse. A Treatise of those born Deaf and Dumb; to which is added the Rationality of Beasts, particularly of the Elephant, showing the wonderful understanding of that Creature, Octavio, price 1 s. 4. The Flower Garden, showing how all sorts of Flowers are to be ordered; the time of Flowering, the taking them up, and of Planting them again, etc. Being all necessary observations relating to a Flower Garden, by the Diligence and experience of W. Hughes. Twelves, price 1 s. 5. 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