The Lord Mayor.

A Mayor of a Town is termed among the Latin,* Praefectus Ʋrbis, Praefectus annuus Urbis, Praefectus Prae∣torio, and Praetor, quasi praeitor, à prae∣cunde, vel à praeessendo, quod aliis praesit, vel quod praeiret populo.

Pomponius saith thus; In Civitate Romae duo olim fuerint Praetores, Ʋrba∣nus & peregrinus, qui peregrinorum causas agebat, quorum hic Major unde Major dictus est, ille Minor; Praetor Ʋrbanus, 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 par∣ticularities worthy of his observation, sc.

1. That the Citizens, or Burgesses of London were before, and after the conquest, governed by Port-graves, or Port-greves, until the Reign of Rich. I. by whose Charter, they were governed by two Bailiffs;* and yet King R. in the first year of his Reign appointed them a Mayor, who continued therein, until the Page  35 eighth year of King John, and then King John appointed them a Mayor. And forasmuch as sometimes the Mayor ap∣pointed by the King was no Citizen of London, King John in the tenth year of his Reign, granted to the Citizens Liberty, And Authority to choose de seipsis a Mayor, &c. 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, sayes he, found a Port-Reve at London, whose name was Godfrey, and his office was no other, then the charge of a Bailiff, or Reve, as by the self same continuing yet at Graves∣end, and certain other places may well appear: But the Normans, using their owne Language, called him sometimes a Provost, and sometimes a Bailiff; what∣soever 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 Page  36 like suit changed their Bailiffs, into a Mayor, and two Sheriffs.

*2. That the Lord Mayor ought to be principal in all Commissions of felony &c. Perpetrated within the City of London, by the charter of the City.

*3. That in all Commissions, touching the water of Ley, the Lord Mayor of London is alwaies one.

*4. That the Lord Mayor of London for the time being, hath the conservation, and rule of the water, and River of Thames.

*5. That his Lord-ship is perpetual Coroner, and also Escheator within the City of London.

*6. That the Lord Mayor of London is chief Butler to the King at his Corona∣tion: And in 1. H. 4. this was so allowed unto him, when Fitz-Allen was Lord Steward, who then allowed this unto him.

*7. That if the Commonalty of the City do choose a Mayor at the Feast of St Michael, in the absence of the an∣cient Mayor, tis a voyd Election.

*8. That there be certain Officers, appertaining to the Lord Mayors house, and they are these following.

Page  37The Sword Bearer, the Common Hunt, the Common Cryer, the Water-Bayliff, Esquires four.

Sergeants Carvers 3. Sergeants of the Chamber 3. Sergeant of the Chan∣nel. Yomen of the Waterside 4. under-Bayliffs. Yeomen of the Chamber two; Meale-Weighers 3. Yeomen of the Wood-Wharfs two.

Gentlemens men 7.
• The Sword-Bearers Man
• Common Hunts men 2.
• Common Cryers man.
• Water-Bayliffs men 2.
• The Carvers man.

Whereof nine of these have Liveries of the Lord Mayor, viz. The Sword-Bearer, and his Man, the three Carvers, and the four Yeomen of the Water-side. All the rest have their Liveries from the Chamber of London.

9. That there are dayes of Mendance, the Fellow-ships do give to the Lord Mayor at his going to Pauls, and they are in number 7. viz.

• 1. Alhallowen day.*
• 2. Christmass day.
• 3. St Stevens day.
• 4. St Johns day.
• 5. New years day.
• Page  386. Twelf day.
• 7. Candlemas day.

To conclude, as touching this grand officer; Stow in his Annalls 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; Da∣vid, 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 solum∣modo illum dignitatis gradum accipiant: Hence among the Latins, he is called Senator.

Gothofredus tells us, that Senatores dicti non sunt ab assentiendo, as Hugoli∣nus, and Bartolus suppose, but à senili aetate, or à virtute, for heretofore, Senes apud Romanos Viri optimi appellati sunt.

Page  39Olim apud Britones (sayes one) tem∣poribus 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 or∣dered, that they should not be removed, without some special cause.* 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 rea∣sonable cause, notwithstanding the Or∣dinances of Ed. II. & Ric. III. And so it still continueth.

Yearly on the Feast of St Michael the Arch-Angel on of these Aldermen is elected to be Mayor,* for the year following, to be begun on the 28. of October, the other Aldermen his brethren, are to him assistents in Counsels, Courts, &c. With what has been said agrees the Description given by another Author, that I have read; Page  40 Aldermannus Civitatis Londinensis (saies he) est unus ex Senatu Civitatis, cui Regimen Civitatis praecipuè incumbit: ex quorum numero praefectus annuus eli∣gitur.

3. The priviledge of these Alder∣men in respect of offices in the Coun∣trey, which will appear by this fol∣lowing 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 present∣ment 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 nomi∣nated in a Leet such a day,* to be Con∣stable for the year following; and be∣cause he refused, the Steward of the Court imposed a fine upon him, and denyed him any priviledge, 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 Kings Bench, directed to the Lord of the said Manor, to his Steward, to discharge him, because he being an Page  41 Alderman of London, ought to be there resident, the greatest part of the year, and if absent, is fineable; and all the Court of the Kings Bench held, that he ought to be discharged by his priviledg, and although it was said, he might execute it by Deputy, and his personal Attendance is not requisite, by the custome of the sad Mannor; yet non allocatur; whereupon the said priviledg 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 proceedings according to Law.

Thus much in general of the Recor∣der-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 asso∣ciate unto them for their better dire∣ction in matters of Justice, and pro∣ceedings Page  42 according to Law; and there∣fore he ought to be a grave, and Learned Lawyer, well seen in the Common Law, and skillful in the Customs of the City; and such a one indeed is that ho∣nourable and very grave person, Sir John Howell (a member of the Royal Society of Lincolns Inne,) who at this very time is Recorder of this most glorious City.

The Recorder of London, takes place in Councils,* 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, joyntly together, have full authority to take Recognizances for the payment of debts, in the absence of the Chief Justi∣ces out of Term.

32. E. 1. Geoffry Hertilepole, Alder∣man, was elected to be Recorder of Lon∣don, and took his Oath, and was appoint∣ed 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.* And Reve is praefectus, or praepositus; so as Shireve is the Rive of the Shire, Prae∣fectus Satrapiae, Provinciae, or Comita∣tus; 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 Comita∣tus nostri, &c.

Quere 2. How a Sheriff was,* and is to be elected?

Page  44Resp. It is to be known, that the office of a Coroner ever was, and yet is eligible in full County by the Free∣holders, by the Kings writ, de Coro∣natore eligendo: and the reason thereof was, for that both the King, and the County had a great interest,* and be∣nefit 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 Vice-Comes, 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 Vice-Comes (as the word signifieth) came instead of the Earl, and was eligible by the Free∣holders of the County; but this way by election is altered by divers Acts of Par∣liament,* viz the Act. of 9. E. 2. Lincolne de Vice-Comitibus 14. E. 3.12. R. 2. & 23. H. 6. vide the Statuts 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 Page  45 Lord Keeper of the great Seal, the Lord Treasurer, the Lord privy Seal, Earl of Arundel, Earl Marshall, the Earl of Pembrok, Lord Chamberlin,* the Lord Cotington Chancellor of the Exchequer, were assembled in the Exchequer Cham∣ber, 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 advise, and resolution of the Major part of the Justices, with whom Con∣ference 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 Kings writs of pro∣cess, be they summons, or Attachments, to compell men to answer, to the Law, and all writs of execution of the Law, according to judgments of superior Page  46 Courts, for taking mens 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 Majesties writs, and process of Law, after resistance, take posse Comitutus.

He is to return indifferent Juries, for the Tryal of mens Lives, Liberties, Lands, and Goods.

He ought to see, that the publique 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 publique monies, 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 exe∣cuted. 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 Sheriffs Custody, by process of Law, and then another writ is delivered to apprehend Page  47 the body of the party, that is already in Custody, whether he be in Custody by vertue of the second writ, without an Actual Arrest?

Resp. It was adjudged,* that when a man is in Custody of the Sheriff, by process of the Law, and afterward another writ is delivered unto him, to ap∣prehend the body of him, who is already in Custody; Immediatly he is in Custody, by force of the second writ, by judgment 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, &c. may arrest one without shewing the warrant?

Resp. It was adjudged,* that an Arrest without shewing the warrant, and without telling at whose suit, until the party demand, is Legal, and well enough, and that he need not shew 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 Page  48 the night time is valid in Law. Cro. 2. part. Mackaleyes Case Co. lib. 9. Macka∣leyes 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,* and erro∣nious; for they shall be intended, as fictions, because it is well known the Court do not sit that day, but an ori∣ginal 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,* is valid, although it be done upon a Sunday.

Quaere 9. In what Cases a Sheriff may break open houses to execute pro∣cess?

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.

Page  492. 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 suspition 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 &c. 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 Com∣mon person (upon request made, and denial thereof) ought not to break open the doors, or the house, to exe∣cute any process at the suit of any subject; or to execute a Fierifac. Being a writ of execution, but he is a Tres∣passer, yet if he do execution in the Page  50 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 flyeth 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 Bayliffs, and to take execution. Vide all these particulars Cro. 1. part. Seyman vers. Gresham. Co. lib. 5. Semaines case. Hobarts Reports, Water house vers. Salt-marsh, Parke and Percival vers. Evans. Cro. 1. part. Smith ver. Smith. Yelvertons 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 Com∣mission Page  51 may be awarded to a Sheriff, to enquire of the Death of a man?

Res. It was found before the Coroner, super visam corporis,* that J. Harleston fell into a Marlepit fortuito, and so died. Afterwards by the procurement of the Queens Almoner a Commission issued out of the Crown Office (Quaesi in nature of a Melius Inquirendum) and was awarded to the Sheriff to enquire of his death, and of what goods, and Chattells, he was possessed at the time of his death. And it was found before the Sheriff, that he was felo de se, &c. 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 expressely, 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 Presidents, 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 Page  52 them,* 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 Re∣scussours: 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 Sheriffs peril, to see that his prison be strong enough, to keep his prisoner, when he is once in execution. And being a mischeif 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 Page  53 an Action upon the Case against the Rescussours.

Quaere 12. Whether an Averrement may be admitted against a Sheriffs Re∣turn?

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 ju∣dicially, and by one as judge.* vide 3. H. 7.15. a. 7. H. 7.4. ab. 10. H. 7.28. a. Yelvertons 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 execu∣tion escape out of view, yet if fresh suite be made, and he be taken again in recenti in secutione, he shall be in execu∣tion, otherwise at the turning of a corner, or by entring into an House, or other Means, the prisoner may be out of view, and although he fly into another County,* yet because the escape was of his owne wrong, whereof he may not take advantage, the Sheriff upon fresh suite may take him there, and he shall be in execution.

Page  54Quaere 14. Whether a Sheriff upon a voluntary escape, can retake his pri∣soner?

*Resp. If the Sheriff, or Bayliff vo∣luntarily 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 re∣turn, yet although he return at the time, it is an escape.

Quaere 15. Whether there may be an escape, altho the party alwayes con∣tinues in prison?

Resp. If a man be in prison upon two executions, at the suit of two several persons;* and then the old Sheriff de∣livers 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 alwayes continues in prison.

Page  55Quaere 16. Whether the escape of one in execution be cause of discharge of the other Debtour?

Resp. Where two are bound joyntly, and severally in a bond, and the obli∣gee recovers against one of the obli∣gors,* and has him in execution upon a Capias ad satisfac. and then he escapes with the Sheriffs consent, in this case, altho he escaped by the voluntary per∣mission of the Sheriff, yet that shall not deprive the obligee of his remedy against the other obligor, for an exe∣cution 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,* after he is discharged of his Office, be good?

Resp. A Sheriff upon a fieri facias seised 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 Page  56 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 Judgment reversed, whe∣ther the party shall be restored to the Term, or the money.

*R. If a Sheriff sell a Term upon a fieri fac. and Judgment 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?

*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 ought to con∣tinue so, without any fraction, or∣diminution, Page  57 without it be by Parliament.

Quaere 20. Whether the Sheriff can abridge any part of his Under Sheriffs power, in executing of process?

R. If a Sheriff will make an Under Sheriff provided,* that he shall not serve executions above 20. pound without his speciall 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 then the King may in case of the Sheriff himself.

Quaere 21. Whether the Sheriffs Office be determined by the descent of a Barony?

Resp. Sir Lewis Mordant, being Sheriff of the Counties of Bucks, and Bedford,* the Lord Mordant his father dyed, tempore parliamenti, it was held by all the Justices, the Atturney, and the So∣licitor 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 Page  58 throughout the Realm, I proceed to speak more minutely of the Sheriffs of London; And there are these things con∣cerning them, that deserve our special notice, scil. Their Antiquity, Election, Tenure of their office, Fee-farme paid by them, their Officers, Direction of writs to them; and their return of writs.

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. 〈 in non-Latin alphabet 〉, 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,* who define the word thus, Camara est Locus, in quem Thesaurus recolligitur, vel Conclave, in quo pecunia reservatur. Another saith,* that Camerarius, vel Camerlingus, quem Quaestorem Antiqui appellarunt, in rebus fisci primum locum tenet, quia Thesaura∣rius, & Custos est publicae pecuntae. Having given you the origination, and descri∣ption of the Chamberlain of a City, or Town incorporated, I shall speak a little of the Chamberlain of this most renowned City.

Page  64The 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 suc∣cessor.

This office of the Chamberlain of Lon∣don seemeth not unlike to a publique Treasurer, which collecteth the Customs, money, yearly revenues, and all other payments belonging to the Corpora∣tion 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 〈 in non-Latin alphabet 〉) is he who (for his Abi∣lity, and learning) is entertained by the Lord Mayor, Aldermen & Commonalty Page  65 of the City, to keep the Books, Rolls, or other Records, wherein are regi∣stered the acts and proceedings of the City: He may be termed the Register, Preignotary, or Actuary of the famous City of London.

7. Of the Common Serjeant.

THe Office of the Common Ser∣jeant is (as I am informed) to attend the Lord Mayor and Court of Aldermen, on Court dayes.

To be a Council with them on all occasions within or without the pre∣cincts of this City.

To take care of Orphans 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 benefici∣al to the interests of Orphans.

8. Of the Deputy Coroner.

THe Lord Mayor being (accor∣ding to the Custome of the Ci∣ty) perpetual Coroner, doth always constitute a Deputy, that acts for his Lordship, even as Coroners do in the several Counties throughout Eng∣land.

Now touching Coroner are wor∣thy of Observation these particulars following, sc.

9. Of the Deputy Escheator.

THe Lord Mayor, as he is Coro∣ner, so likewise is he Escheator, within the famous City of London, and appoints one alwayes as a Depu∣ty 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 be∣longing to the Crown, and certifie• them into the Exchequer.

Note, In ancient time there were but two Escheators in England, the Page  71 one on this side of Trent, and the o∣ther 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, &c. 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,* and that was one in every County, and that no Esche∣ator 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 Cunstable, is com∣pounded of two Saxon words,* Cunning, per contractionem King, and Stable, i. e. Columen, quasi columen Regis, anciently written Cuningstable.

This Office is ancient here in Eng∣land, and mentioned by Bracton, seeming to answer him, that was cal∣led Page  72 amongst the Romans Tribunus ce∣lerum, and afterward Magister Equi∣tum.

This word Constable is diversly us∣ed in our Common Law: And first, The Constable of England, who is al∣so called Marshal; of whose Autho∣rity and Dignity a man may find ma∣ny 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 cal∣led High Constables, because the in∣crease of People and Offences, hath again undet those made others in e∣very Town, called Petty Constables, who are of the like nature, but of in∣ferior Authority to the other.

Page  73Besides these, there are Officers of particular places called by this name, as Constable of the Tower, Constable of the Exchecquer, Constable of Do∣ver Castle, Constable of Windsor; and the now Constable of the famous Ca∣stle of Windsor is his Highness Prince Rupert, Duke of Cumberland, a Per∣son most renowned, not onely for his brave conduct and fortitude in marti∣al affairs both by Sea and Land; but also for his great zeal and Love, shewn abundantly in defence of the Prote∣stant Religion.

For the derivation, and divers ac∣ceptation of the word (Constable) I proceed to shew what Authority pe∣ty Constables have in Cities, Towns, and Villages, according to our Law.

If any be threatened,* upon com∣plaint to the Constable, he may en∣force the Party to put in a Surety, and if he do not commit him to Pri∣son, till he hath found a Surety.

A Constable may arrest one which makes an Assault,* though it be of him∣self.

A Constable can take an Obligati∣on to keep the Peace,* but he cannot Page  74 take a Recognizance.

*The Constable may arrest one, that makes an affray, and carry him to the next Jail, till he find sure∣ty 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 Jayl, for any other reasonable cause.

The Constable may search for sus∣picious persons, and may arrest night walkers.*

The Constable may search suspici∣ous Bawdy Houses, where women of ill same are, and may arrest suspect∣ed persons,* which walk in the night and sleep in the day, or keep suspici∣ous Company; and if he be not of power, he may have aid of his neigh∣bours by the Law.

*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.

*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 Page  75 of death, the Constable ought to ar∣rest the Offender, and to keep him in Prison, till it be known,* 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 Af∣frayors for the preservation of the Kings 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 there∣of, for he may command others to assist him; and therefore the Rule in him, Idem est facere, & nolle prohibere cum possis, & qui non pro∣hibet, 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 touch∣ing our Constables with these Queries.

1. Quaere. Whether a Constable may bring an Offender to what Ju∣stice he pleaseth?

Resp. It is adjudged that the Con∣stable Page  76 having a Warant to bring one Coram aliquo Justitiar. &c. it is at the Election of the Officer, to bring the Party so attached,* 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 duely, then to the Delinquent, and upon the refusal to find surety, the Constable may commit the Delin∣quent without a new Warrant.

2. Quaere whether the Constable of a Town be bound to make Huy and Cry?

Resp. Huy and Cry is, when any Felo∣ny is committed, or any Person griev∣ously and dangerously wounded, or any person assaulted, and offered to be robbed,* 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, de∣scribing the party, and telling which way the Offender is gone, and require him to raise Huy 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 prosecuti∣on Page  77 of the Offender, and if he be not found there to give the next Consta∣ble 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 Huy and Cry?

Resp. They,* which levy not Huy and Cry, or pursue not upon Huy and Cry shall be punished by Fine, and Imprisonment.

Note, it is an Article of the Leet,* to enquire of Huy and Cryes levied, and not pursued.

The City of London has been ta∣ken into the Kings hands, for not le∣vying a Huy and Cry, as appears by this Record, Scil.

Mandatum est Gulielmo de Haver∣hull Thesaurario Regis,* quod Civitatem London capiat in manum Regis, eo quod Cives ejusdem Civitatis non leva∣verunt, Hutesiam & Clamorem pro morte Magistri Guidonis de Arretio & aliorum interfectorum secundum Le∣gem & Consuetudinem Regni. Teste Rege apud Wendestock, 22 die Augus•i.

4. Quaere Whether an Arrest be lawful, where the cause of the Huy Page  78 and Cry be feigned?

Resp. Where Huy and Cry is le∣vied upon any person, the arrest of such person is lawful,* although the cause of the Huy and Cry be feign∣ed; and if the Case be feigned, he that levy the same shall also be ar∣rested, and shall be fined, and im∣prisoned. 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 vers. Wirral. Bridgemans Reports Weal ver. Wills. Hobarts Reports Cuddington ver. Wilkings, Searls ver. Stiles, Po∣land ver. Mason. Hitherto of the Governours and Officers, appertain∣ing to the most glorious City of Lon∣don.