Camera regis, or, A short view of London containing the antiquity, fame, walls, bridge, river, gates, tower, cathedral, officers, courts, customs, franchises, &c. of that renowned city / collected out of law & history and methodized for the benefit of the present inhabitants by John Brydall ...

SECT. XVII. Of the Franchises, Liberties, ad singu∣larities of the most glorious City of London.

THrough the special favour, and Indulgence of our Princes, the Kings of England, the Citizens of Lon∣don have obtained very large, and great Immunities, or Priviledges; 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.

Priviledge 1.

Omnes homines London sint quieti, &

Liberi, & omnes Res eorum per totam Angliam, & per portus maris de Theolo∣nio & passagio, & ab omnibus aliis Con∣suetudinibus. Vide Chartam H. 1. de Libert. London.

Priviledge 2.

King H. I. by his Charter granted for the Recreation of the Londoners, Quod Cives London habeant fugationes suas ad fugandum, sicut melius, & plenius ha∣buerunt Antecessores eorum, scil. Silve, & Middlesex, & Suer. Co. 4. Inst. f. 314.

Priviledge 3.

King H. 3. Granted, that the Citi∣zens of London should passe Toll-free, throughout England.

Priviledge 4.

In 11. H. 3. The King granted, and confirmed to the Citizens of London Free-warren, or Liberty to hunt a certain circuit about the City, in the warren of Stones, &c.

Priviledge 5.

King H. 3. granted to the City of Lon∣don, quòd nullus Civis faciat Duellum, & quod de placitis ad Coronam, perti∣nentibus, se possint disrationare, secun∣dam antiquam consuetudinem Civitatis. Citizens of London, no battel shall be gaged against any of them. Co. 4. Inst. 252.

A Citizen of London sued an Appeal of Robbery, the defendant gaged Battel, the plaintiff said, that he was a Citizen of London, that they have there such Franchise, that no battel shall be gaged against any of them, this ex∣tends to every particular Citizen. Bul∣strodes Reports 3. part. f. 16.21. E. 4. f. 12. & 27.

Priviledge 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 fece∣rint, unde misericordiam pecuniae de∣beant

incurrere, non judicentur ad plus nisi ad miserecordiam vigint. Libr. & hoc sive damno aliorum Civium si Vice∣comit▪ non sufficiantur ad miserecordia∣rum suam solutionem. Co. 4. Inst. 254.

Priviledge 7.

King John by his Letters granted to the Citizens of London, Liberty yearly to choose to themselves a Mayor. Co. 4. Inst. 253.

Priviledge 8.

In the year 1282. King Ed. I. grant∣ed to H. Waller Mayor, and the Citi∣zens of London to take toward the making of the wall, and inclosure of the City, certain Customs, or Toll, as appeareth by his grant. Stow.

Priviledge 9.

In the Reign of Ric. I. The Citi¦zens of London obtained to have a Mayor to be their principal Governor, and Lieutenant of the City, as of the Kings Chamber. Stow.

Priviledge 10.

For the repairing of Bishops-gate H. 3. granted, and confirmed to the Merchants of Hanced, that had an House in the City of London, called Guildhalla Theutonicorum, certain Li∣berties, and priviledges. Stow.

Priviledge 11.

Kind Ed. III. granted, that the Lord Mayor should be Justice for the Goal delivery at New-gate. Stow.

Priviledge 12.

Ed. III. granted, that the Sergeants of the Lord Mayor should bear Maces of silver. Co. 4. Instit. f. 252.

Priviledge 13.

Ed. III. granted, that no Escheator should be in the City, but the Lord Mayor for his time. Stow.

Priviledge 14.

King H. 3. granted that either Sheriff should have two Clerks, and two Sergeants; also that the Citizens should have a Common Seal. Stow.

Priviledge 15.

It is a Liberty of London granted, Quod nullus Civium sit implacitatus extra muros.

Privilege 16.

It was granted by Ric. II. That a Toll should be taken of the Wates, sold by Land, or by water, towards the Re∣pairing of the walls, cleansing of the Ditch about London. Stow.

Privilege 17.

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.

Priviledge 18.

By the patent of Ed. II. a Subsidy was granted towards the Amendment of London Bridge. Stow.

Priviledge 19.

In H. III. time, ships of the Ports arrested, 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.

Priviledge. 20.

Aldermen of London were used to be changed yearly but it was ordered in 28. E. 3. that they should not be remo∣ved, without special cause. Stow.

Priviledge 21.

Ed. III. in the 3. year of his Reign gave the Citizens of London License to take a Toll, towards the charge of paving the Borough of Southwark with stone.

Priviledge 23.

King H. 8. by his Letters Patents erected a Body Corporate of Physick in London, and seven miles compass.

Priviledge 22.

It was granted in some Kings Reign, that all Clothes, or other Merchandi∣zes should not be sold in gross, but only to the Citizens of London.

Priviledge 24.

The City of London hath by the Kings Charter the soyle, and ground of the River of Thames granted to them, by vertue of which grant, the City at this day, receive Rents of them, that six posts or make wharses, or other Buildings upon the soyle of the said Ri∣ver. Davys Reports le case de Royal Pischary.

Priviledge 25.

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 Mes∣suage,

two Mansions, called Southwark place, and all the gardens, and Lands to the same appertaining, the Park, and Messuage, called the Antelope.

He gave them the Lordship, and Man∣nor of Southwark with all members, & Rights thereof, late pertaining to the Monastery of Bermondsey. All messuages, places buildings Rents, Courts, waifs, and strayes, 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, St Olave, and St George, and the Parish of St. Thomas Hos∣pital, 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, &c. within the Parishes, and precincts aforesaid, &c. The Return of writs, processes, and warrants, &c. Together with a Fair in the whole Town for three dayes, with a Court of Pypowders; a view of frankepledg, with Attachents, Arrests; &c. Also, to arrest all felons, & other Malefactors, within their pre∣cinct, and send them to ward, and to New-gate. Stow.

Priviledge. 26.

In the year 1553. Ed. 6. gave unto the Lord Mayor, Commonalty, and Ci∣tizens, 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 work-house of Brid-well, and the Hospital of St. Thomas in Southwark. Stow.

Priviledge 27.

King John gave the City of London Authority: to chuse, and deprive their Sheriffs at their pleasure. Stow.

Priviledge 28.

The Citizens of London are by a Charter of King Ed. 3. excepted from paying of prisage.

Touching this Franchise or Liberty of Prisage I shall present to the Reader these resolutions, shewing 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 sojourne in another house, shall have the benefit of the Kings Charter? In the argument of the case, Coke, then Atturney Gene∣ral, put this difference of Citizens, viz. That there was

A Citizen

• ...Nomine.
• ...Re.
• Re, & nomine;

It was said, that a Citizen Re, & no∣mine. He, that is a Freeman of London, and an Inhabitant, and one that paid Scot, and Lot there, shall be discharged of prisage by the said Charter, &c. Davys Reports le Case de Customs f. 10. b.

He that is to have benefit, and advan∣tage of this Charter, ought to be integre Civis, and an intire Citizen, as it was adjudged in 4. H. 6. in one Knowls case, a Citizen, and Free-Grocer of London, removed his house-hold 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. &c. A private Act of Par∣liament: 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 be∣nefit of prisage, he was intitled 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 vers. Francis Han∣ger.

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 doe 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 Attor∣ney; she may be a Free-Woman, but this is only to have her will (as many so have) but to no other purpose.

Thus much of the Franchises grant∣ed to the Londoners by Charters Royal, and such as are allowed to be good, & agreable to the Laws of England; I shall now put a Case, or two of such sin∣gularities, or Priviledges as have been adjudged to be contrary to the freedom, of the subject, and consequentially the Kings grants are deemed void in Law.

King H. 6. granted to the Corpo∣ration of Dyers within London, power to search, &c. and if they found any Cloth died with Logge 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 Let∣ters Patent. Co. lib. 8. Trin. 41. Eliz. f. 125. le Case de Londres.

So the Company of Merchant Tay∣lots of England, having power by their Charter to make Ordinances,

made an Ordinance, that every Brother of the same Society should put the one half of his Clothes to be dressed by some Cloth-worker free of the same Company; upon pain to forfeit 10 s. &c. and it was adjudged that this Or∣dinance 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, 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 Sin∣gularities, which the Londoners have obtained from the favor of our Kings in the high Court of Parliament.

Singularity 1.

King Athelstan in his Laws or Con∣stitutions, appointing, 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, comman∣deth that no Citizen of London shall be amerced above 100 s. for any pecu∣niary pain.

Singularity 3.

It is granted to the Citizens of London, 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, and that the Liberties of this City should not for any cause whatsoever be taken into the Kings hands Rot. Parl. 1. E. 3. Authoritate Parliamenti.

Singularity. 5.

It is enacted, that the Statute of 28. E. 3. c. 10. shall not extend to any erroneous judgment given, or to be given in the City of London. Parl. 7. R. 2. nu. 26.

Singularity 6.

The Aldermen of London shall not be hereafter elected yearly, but re∣main, until they be put out for rea∣sonable cause. 17. R. 2. c. 11.

Singularity 7.

The Lord Mayor, and Aldermen

may reform the defaults of Victuallers. 7. R. 2. c. 11. vide 31. E. 3. c. 10.

Singularity. 8.

Mault sold to London shall be cleansed from Dust. 17. R. 2. c. 3.

Singularity 9.

It is Enacted in the Reign of R. 2. That the Mayor, 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, and Mispri∣sons, 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, as touching Indictments and Presentments.

Singularity 12.

Citizens, and Freemen of London, may carry their wares to any Fairs, or Markets throughout England. 3. H. 7. c. 9.

Singularity 13.

Butchers shall kill no beasts in Lon∣don. 11. H. 7. c. 21.

Singularity 14.

By the Stat. of 9. H. 7. c. 8. no scavage, 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 Suc∣cessors have like Authority in all issues, Breaches, ground over flown, as far as the water ebbeth, and floweth, grown out of the River of Thames, as touching the punishment for using un∣lawful nets, and engines, as his Lord∣ship

hath within this said River 4. H. 7. c. 15.

Singularity 16.

For all issues forfeited by Jurors in the Mayors Court, it is lawful for his Lord-ship, 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. 15. and 16. H. 8. c. 2.

Singularity 18.

Wardens of Cowpers shall search, &c. and gage all manner of Barrells, &c. For Ale, Soap, to be put to sale within 2. miles 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, 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 oyle, in the City of London, and punish all such as sell false oyle.

Singularity 21.

The Lord Mayor of London may set fines upon those, 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, 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, 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 affraid; there would be very few black hoods worne.

Note, the Athenian Law was, Me∣retrices vestres indutae sunto.

Singularity 24.

By the Stat. of 1. Jac. c. 19. 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, ware-houses,

or Cellar to view, and search Drugges, and Spices, &c. and to garble, and make them clean.

Singularity 25.

All wares from hence forth shall be utterly, put down by Thames and Medway. 9. E. 3. c. 22.

Singularity 26.

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 reco∣vered their Lands. 6. E. 1. c. 14.

Singularity 27.

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 Salmons (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 pu∣nishment ordained for him, 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 Soveraign) that now is, there was an Act made for Repairing of High wayes, and for paving, and keeping clean streets, &c. in and about the City of London; and by that Act it is ordained, that the Lord Mayor, Re∣corder, and Aldermen shall be joynt Commissioners in exercising all the powers of this said Act, within the City, and Liberties thereof.

Singularity 30.

In the Stat. of 14. of this Kings 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 Ware-house, &c. within the City of London, or 3. miles of the same City, belonging to any of the Cordwayners, &c. to search for, and seize, all such Leather, intended to be prohibited, to be used, by a clause in the said Act, &c.

Singularity 31.

In the 19. 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, &c. to per∣form 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 Coales as are sold by the Tun the like sum of 12. pence. And likewise in 22 year of his Majesties Reign it was enacted, that there should be paid for every Chauldron, or sum of Coales, two shillings over, and beside the aforesaid Imposition of 12d. for the Rebuilding Cathedral, and Parochial Churches, within the City of London; His Ma∣jesties beloved and native City, towards which his Royal Heart hath been so gra∣tious, 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 Li∣berties, and Priviledges, that the Ci∣tizens of London have, and do claim by vertue of Charters Royal, and Acts of Parliament, I shall now come to a con∣clusion of this small, and slender Treatise with a Rehearsal of some of the Sta∣tutes, both conservant, and confirmant, appertaining to this most glorious, and most renowned City of London.

Amongst the Acts of Parliament, that

are called preserving, or saving Laws viz. of the Liberties, belonging to Lon∣don, take these following, sc.

The liberties of great Saint Martins in London reserved by the Statute of 3. E. 4. c. 4. touching Marchandizes.

The Citizens of London may take Apprentices, according to their old Custom notwithstanding the Stat. of 7. H. 4.

By the Stat. of 19. H. 7. c. 23. All Acts made in Derogation of the Mer∣chants of Stillyard are void, provided that the Statute shall not prejudice the Liberties of London.

In the Stat. of 5. Eliz. touching Ap∣prentices there is a proviso, that the Act shall not be prejudicial to the City of London, or priviledges of the same City.

In the Stat. of 1. Jac. touching Sale of goods purloyned in London, &c. Is a proviso; that the said Act shall not be prejudicial to the ancient Trade of of Brokers, within the City of London, &c. or other trades within the said City, and Liberties of the same, being setled, 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 con∣cerning Orphans.

In the 14. year of his Majesties 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 Book-Seller, 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 pro∣hibited.

Amongst the Statutes, that have been enacted for the strengthning, and con∣firming 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 dayes of R. 2.

In the Reign of H. 3. it was enacted in these words. sc. Civita. London habeat omnes Libertates suas antiquas & Consue∣tudines 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 or∣dained, that the Liberties of this City

shall not for any cause be taken into the King Hands. Rot. Parl. 1. E. 3. au∣thoritate 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, and notwithstanding any Statute to the contrary, &c. Lege Statutum; for by this Act the City of London may clayme Liberties by pro∣scription, Charter, or Parliament, not∣withstanding 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 Re∣ligion and Laws) at Newport was, That an Act be passed for granting, and con∣firming, the Charters, Customs, Li∣berties, 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 In∣habitants thereof for all these singular

tokens of the Liberal favour and good likeing 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 flo∣reat Triplex Corona Serenissimi, Poten∣tissimi, Sacratissimique Principis nostri, Caroli à Carolo.

Notes

• H••nting.
• Toll-free.
• Free-warren.
• Duells.
• Sheriffs of Lon∣don.
• Election of a Mayor.
• Walls.
• Mayor.
• Bishops-gate.
• Justice of Oyer.
• Maces.
• Escheator.
• Clerks.
• Seal.
• Walls and Ditch.
• London Bridge
• London Bridg.
• Corne brought into ports.
• Aldermen.
• Paving.
• Physitians.
• Sales in gross.
• Lands, &c. in South-wark.
• Bridewell.
• Sheriffs.
• Prisage.
• Co. 2. Inst. 47. Tr. 41. Eliz. coram Rege ••ot. 92. in Tr. inter Da∣vent & Hur∣des.
• Trin. 44. Eliz. Coram Rege Co. lib. 11 fol. 84. & 85 &c. Edward Dar∣ries Case.
• Mint-Masters.
• Amerciament.
• Gavelet.
• Warr.
• Erroneous Judgment.
• Aldermen.
• Mault.
• Victuallers.
• Mault.
• Guardian-ship of Orphans
• Redressing of Errours.
• Sheriffs of London.
• Wares.
• Butchers.
• Scavage, or Shewage.
• Sewars.
• Issue forfeited
• Warden: of Handy-Crafts.
• Wardens of Cowpers.
• Jurors.
• Oyles.
• Paving.
• Woods.
• Whores.
• Vide Daniels History f. 243.
• Floridas.
• Garbler of London.
• Wares.
• Damages.
• Salmons.
• Corruption.
• Higwayes and streets.
• Curriers
• Imposition on Coals for build∣ing•• of Cathe∣dral, &c. Churches.
• Statutes Con∣servant or sa∣ving.
• 3. E. 4. c: 4,
• 7: H. 4. c. 17.
• 19. H. 7. c. 23:
• 5. Eliz. c. 4.
• 1. Jac. c. 21.
• Statutes Con∣firmant.
• Co. 4. Inst. f. 250,