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 ...

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. Its several Ap∣pellations. 3. The Antiquity of this City. 4. Its Fame for Trade and Traf∣fique. 5. The honourable Titles that have been and are given to it. 6. The walls thereof. 7. Its River. 8. Its Bridge. 9. Its Gates. 10. Its Tower. 11. Its Cathedral. 12. Its Division and Extent for the better Government there∣of. 13. The Reason, why the Archbi∣shop never makes any Visitation in Lon∣don Diocess. 14. Its Governours and Officers. 15. Its several Courts. 16. Its Customes. 17. and lastly, The Liber∣ties, 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 Authors conceit di∣versly.

Some are of opinion, that London took the name of Ludstone; for King Lud not onely repaired this City, but also increas∣ed the same with fair buildings, Towers, and Walls, and after his own name, cal∣led 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 na∣med it Ludgate.

Others say, it is so called from the word Llhwn; for seeing Caesar, and Stra∣bo do write, that the ancient Britains cal∣led 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 see∣ing that such VVoods or Groves are in the Brittish tongue named Llhwn, they are in inclined to the opinion, that Lon∣don

thence took name, as one would say, by way of excellency, the City, or a Ci∣ty 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 Brittains in their dialect call Longh; so that Londinum may seem to sound as much as a Ship Road, or City of Ships: for the Brittains term a City Dinas, whence the the Latines have fetch'd their Dinum. And hence it is, that elsewhere it is cal∣led Longidinum, and in the Funeral Song of a most ancient Brittish Poet, Llong Porth, that is an Harbour or Haven of Ships: And by this very term Bononia, or Bolea in France, which Ptolomy calleth Gessori∣acum Novale, in the Brittish Glossary is named Bolung-Long. For many Cities have drawn their names from Ships, as Naupactus, Naustathmas, Nauplia, Nava∣lia Augusti, &c. 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 Camb∣den.

SECT. II. Of the divers Appellations of this glorious City.

TAcitus, Ptolomy, and Antonine call it Londinium, and Longidinium; Ammianus, Lundinum, and Augusta; Stephen in his Cities 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; our Bri∣tains, 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 stiled it Trinobantum ci∣vitas.

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, &c.

1. Herodian sayes thus, in the Life of Severus the Roman Emperour; Londinum

est urbs magna, & opulenta.

2. Ammianus Marcellinus, an Author above 1200 years since, calleth it Vetu∣stum Oppidum.

3. Fitz Stephen telleth us, that this City of London far exceeds Rome in Se∣niority; his words are these, Haee civi∣tas urbe Roma, secundum Chronicorum fidem, satis antiquior est, &c.

4. Stow in his Survey of London saith, that as the Romans to glorifie the City of Rome, drew the original thereof from gods, and Demy-gods, by the Trojan Progeny: So Geoffry of Monmouth, the Welsh Historian, deduceth the founda∣tion 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 Demy-god Aeneas, the Son of Venus, Daugh∣ter of Jupiter, about the year of the World 2855, and 1108 before the Na∣tivity 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 Traffique.

HIstorians do inform us, this City hath been long since renowned for Trade and Commerce: the livelyhood of Merchants, and the life of the Common∣wealth, wherein the King and every Sub∣ject hath interest; the Merchant being the good Bayliff 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 dayes 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 ne∣cessary.

London was (sayes Bede) a Town of Trade and Traffique a long time since fre∣quented with many Nations, resorting thither by Sea and Land,

William of Malmesbury sayes, that London was replenished with rich Citi∣zens, 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 antient 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 stiled the Epitome, or Breviary of all Britain; the Seat of the Brittish Empire: the King of Englands Chamber, 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, Wil∣liam 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. Sime∣on of Durham, an ancient Writer, re∣porteth, that Hellen the Mother of Con∣stantine the Great, was the first that in∣walled this City, about the year of Christ, 306.

2. That the City was walled round about by the River of Thames, as ap∣pears by William Fitz Stephen, who wri∣ting 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 con∣tinuante, turrito ab Aquilone per inter cape∣dines. Similiter{que} ab Austo Londonia murata, & Turrita fuit; sed fluvius maximus piscosus Thamensis, mari influo, refluo{que} qui illic allabitur, maenia illa tra∣ctu temporis alluit, labefactavit, dejecit: The Wall is high, and great, well tow∣red

on the North side, with due distan∣ces between the Towers. On the South∣side also the City was walled, and tow∣red, 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 Criplegate 162. perches: from Criplegate to Aldersgate, 75. perches: from Aldersgate to Newgate 66. per∣ches: 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 halfe, which do yield 3536. yardes, 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 ac∣cept the writings of Cambden', Stow, and of one that wrote in defence of this famous City.

Cambden sayes, that in regard of both Elements most blessed and happy is London, as being scituate in a rich and fertile soyl, 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 houres, 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 Christendome for the second prize, and affordeth a most sure, and beautiful road for shipping.

Stow sayes thus of Thames; Thames the most famous River of this Island, be∣ginneth a little above a village called Winchcombe 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 ebbe and flow, more then 60. miles in Length to the great com∣modity of Travellers, by which all kind of Merchandize 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 Bur∣then, there pertaineth to the Cities of London, Westminster, and the Borough of Southwarke, 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 Authour hath these words; this Realm hath only three prin∣cipal Rivers, whereon a Royal City may well be scituated; Trent in the North, Severne in the South-west, and Thames in the South-east: of the which Thames both for the streight 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 enter∣course, and Traffique. 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 buil∣ding: A work very rare, having with the Draw-Bridge, 20. Arches made of squared stone of height 60. foot, and in breadth 30. foot, distant one from another 20. foot, compact, and joyned together with vaults and sellars, upon

both sides be houses builded, so that it seemeth rather a continual street, then 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 speakes thus of them: On the West∣side, sayes he, there be two: to wit▪ Lud-gate of King Lud, or Flud-gate, as Lelandus is of opinion, of a little flood, running beneath it, built again of Late from the very foundation: and New-gate, the fairest of them all, so called of the newness thereof, whereas before it was termed Chamber-Laugate, which also is the publique Goal or Prison. On the North-side are four, Alders-gate of the Antiquity, or as others would have it, of Aldrich a Saxon.

Criple-gate, of a Spittle of Lame Creeples somtimes adjoyning thereunto.

Moore-gate of a Moory ground hard by, now turned into a field, and plea∣sant

walks; which gate was first built by Falconer, Lord Mayor in the year of our Lord 1414.

Bishopsgate of a Bishop, which gate the Duch Merchants of the stilyard were bound by Covenant both to repair, and also to defend at all times of Danger, and extremity.

On the East side there is Ald-gate alone, so named of the oldness or Elbe-gate, as others terme it, which at this present is by the Cities charge re-edi∣fyed.

It is thought (sayes he) that there stood by the Thamis, beside that on the Bridge, two Gates more, namely, Belins-gate, a wharfe now, or a Key for the receipt of Ships, and Doure-gate, that is, the Water-gate, commonly called Dow-gate.

These Gates in Latine are called por∣tae à portando, from carrying, and lifting the plough; and it was upon this occa∣sion: In the building of Cities, the founders thereof did usually con∣sult with their Gods in their Au∣gural Observations; after which ob∣servations, they marked out the place, where the Wall of the City should be

built, by plowing up the ground; and because they left that space of ground unplowed, lightly lifting the plow over it, where they appointed the gate of the City, thence à portando, from car∣rying, 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 speakes thus;

Sanctae res veluti muri, & portae Civi∣tatis, quodammodo Divini Juris sunt; & ideo nullius in bonis sunt. Ideo autem mu∣ros sanctos dicimus, quia poena capitis constituta est in eos, qui aliquod in muros deliquerint. Vide D. 1.8.11. Siquis mu∣ros 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, 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 Ar∣mory, or Magazin of Warlike Muni∣tion, and other Buildings besides: so as it resembleth a big Town.

The latter sayes 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: the only place of Capnage for all England at this time: the Armory for Warlike provi∣sion: the Treasury of the Ornaments, and Jewels of the Crown, and general Conserver of the most antient Records of the King's Courts of Justice at West∣minster.

The Chief Keeper of this same For∣tress is stiled 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, as it were his vassal and by courtesie, founded here a Church, and Consecra∣ted 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; William of Malmesbury, informeth us; That the beauty of St. Pauls Church is so magnificent that it deserves, to be numbered in the Rank of excellent Edi∣fices: so large is that arched Vault underneath, and the Church above it of such Capacity, that it may seem suffi∣cient to receive any multitude of people whatsoever.

3. The Dimensions of this Fabrick, in point of Longitude, Latitude, and Altitude.

St. Pauls Church (sayes Cambden out of an old writer) containeth in length 690. foot: the breadth thereof is 130. foot: the height of the west ar∣ched Roof from the ground carryeth 102. foot: and the new Fabrique 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, &c.

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. Taylers 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 Praecentor, a Chancellor, and a Trea∣surer, five Archdeacons, viz. of,

• London, of which place, he that now is the Archdeacon, is (my ever honoured Tutor) Doctor Lamplugh, Dean of Rochester, Prebend of Wor∣cester, and one of his Majesties Cha∣plains in ordinary.
• ...

• ...Middlesex,
• ...Essex,
• Colchester, &
• St Albons.

It hath likewise 30. Prebendaries, Ca∣nons 12. Vicars Corals six, &c.

Note, that the Colledge of Petty Canons there, was founded by King R. II. in honor of Queen Anne his wife, and of her Progenitors, in 17. of his reign. In the year 1408. the Petty Canons then building their Colledge, the Mayor, and Commonalty of this Ce∣lebrious City, granted them their water courses, and other easements.

5. The sad Accidents, that have befaln 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, then Bishop, began therefore the foun∣dation of a new Church of St Pauls.

In the year 1444. the Steeple of Pauls 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. Pauls Church, was fired by Lightning, which brake forth (as it seemed) two, or three yards, beneath the foot of the Crosse, and from thence it brent downeward the Spire to the Battlements, stone worke, 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 Queens Majesty directed her Letters to the Lord Mayor, willing him to take order for speedy repairing the same. And she of her princely, and gratious dispo∣sition, 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.

The Citizens also gave first a great benevolence, and after that 3. fifteens to be speedily paid. The Clergy of En∣gland likewise, within the Province of Canterbury, granted the fourtieth 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 Diocess, granted the thirtieth part of such as paid their fruits.

Six Citizens of London, and two Petty Canons of Pauls Church, had charge to further and over see the work.

In the year 1650. &c. It was made a stable for Horses, and a Denn for Thieves, and Rebells.

In the year 1666. it was burnt again to the ground together with all the Ci∣ty; and there is now (this being the year 1675.) began the Foundation of a new Church of St Paul, so that the founda∣tion of this London Cathedral, has been thrice laid; God Speed the work.

SECT. XII. Of the distribution of this renowed 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, 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 Con∣suls, 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 daies.

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 migh∣tily increased of buildings without the Gates, was by Parliament appointed to be divided into twaine, 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 Southwarke, appointed the same to be a Ward of London, which

in all arise to the number of 26. and 26. 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; that it is not necessary, that a. City be a County of it selfe, as Cambridge, Ely, Westmin∣ster, &c. are Cities, but are no Counties of themselves, but are part of the Coun∣ties, where they be.

Thus much of the Division of this Metropolis, I now proceed, to shew, 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 joyn with Middle∣sex, or with any County in Trial.

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, 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 Mid∣dlesex. And this upon view, and exa∣mination was found Mich. 13. Jac. Re∣gis, in the case of Sr Thomas Overbury, who was poysoned in a Chamber in the Tower, on the West part of that wall: And therefore Weston, the principal murderer, was tryed before Commissioners of Oyer, and terminer in London, and so was Sr Gervais Elvis, Lieutenant of the Tower, as Accessary.

SECT. XIII. Of the reason, why the Arch-Bishop of Canterbury never makes any visita∣tion in London Diocess.

THe reason, why the Arch-Bishop of Canterbury never makes any visitation in London Diocess, appears in one Gobbets Case, where it was said by Mr Justice Jones, that he was in∣formed by Doctor Ducke, Chancellor of London, that there hath been for a time, a composition betwixt the Bishop of London, and the Arch-Bishop of Canterbury, that if any suit began

before the Arch-Bishop, it shall be alwaies permitted by the Bishop of London; so as it is quasi a general Li∣cence, and so not sued there but with the Bishops assent, and for that Reason the Arch-Bishop never makes any vi∣sitation in London Diocess.

Having hither-unto handled the An∣tiquity, Walls, River, Bridge, Gates, the Cathedral Church, the Division, Extent, &c. 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 Pre∣cellent City.

THe Governors, and Chief Offi∣cers of this City, are these, sc. The Lord Mayor, the Aldermen, the Recorder, the Sheriffs, the Cham∣berlain, 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, 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

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

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.

The 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.
• ...

• 6. 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.

Olim 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;

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

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

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?

Resp. 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

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

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

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

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.

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 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

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

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

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

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.

Quaere 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.

Quaere 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

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,

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

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.

1. Their Antiquity.

IN the Book of the Abbey of Ramsey, to a Conveyance made in the Court of the Hustings of London, of a certain house in Walbrock within the City, between Wilcnothun de Wallroc & Re∣naldum Abbatem de Ramsey, the witnesses were (amongst others) Willielmus de Einsford Vice-Comes de London, & Jo∣hannes sub Vice-Comes ejus, & Gervasius Clericus ejus.

More might be said of their Anti∣quity, but it is clear, that so long as this City hath been a County of it self, 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 Com∣monalty, Commoners, 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 (sayes Stow) was never Sheriff yet four times Mayor of this City, and so of other, which repro∣veth a By-word, such a one will be Mayor, or he be sheriff, &c.

3 The Tenure of their Office.

The Lord Mayor, 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-Farme paid by the Citizens.

King John granted the Sheriffwicke of London, and Middlesex to the Citi∣zens of London, as King H. I. before had done, for the summe 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. 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 House∣hold many.

6. The Direction of Writs to them.

Sciendum est (sayes the book intitled Nat. Brevium) quod quodlibet breve, quod tangit liberum tenementum in London debet dirigi Majori, & vic. London. Sed omnia alia brevia, quae sunt ad Com∣munem legem in eadem Civitate debent dirigi vic. tantummodo. Every writ, that touches Free-hold in London, ought to be directed to the Lord Mayor, and Sheriffs of London, but all other writs, which are ad Communem legem, in the same City, ought to be directed to the Sheriffs only.

One atteinted of Felony at New-gate, for Felony committed in Middlesex; the Sheriff of London cannot deteine him in execution upon process, unless the di∣rection be to the Sheriff of Mid∣dlesex.

7. Their Return of Writs.

In London every of the Sheriffs may arrest a man; 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, that this would not be holpen, 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, the writ was returned by two, the one of them was Sheriff, the other, not: And it was pray'd, 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 strang 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. 〈 in non-Latin alphabet 〉〈 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.

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 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 〉〈 in non-Latin alphabet 〉) is he who (for his Abi∣lity, and learning) is entertained by the Lord Mayor, Aldermen & Commonalty

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.

1. The Etymology of the word Coroner.

Coroner in Latin Coronator, is de∣rived à Corona, 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 dayes o•• King Alfred, as appears in the Book, Intituled The Mirror, where it is said,

Auxi ordains faer Coronours en che∣sum County, &c.

3. His Election.

He is eligible by the Free holders of the County, and so continues to this day, as of ancient time the She∣riff, and Conservators of the Peace were, because the People had an In∣terest and safety in the due execution of their Offices, and so long as they were eligible, they continued, not∣withstanding the Demise of the King, as the Coroner doth at this day.

4. His Dignity.

Of ancient time this Office was of great estimation, for none could have ••it, under the degree of a Knight.

5. His Qualifications.

It is requisite, that a Coroner should have five Qualities.

• 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 Exe∣cution of the said Office.

6. His Fees.

A Coroner received a penny of e∣very 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 Bo∣dy of the goods of the murderer, &c.

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 Tourn may in∣quire of all Felonies by the Common Law, saving the death of Man, so the Coroner can enquire of no Felony, but of the death of Man, and that su∣per visum Corporis.

He hath authority solely to take an Indictment, super visum corporis, 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 de∣liver them over to the Justices.

He hath power to bind over Wit∣nesses to the next Goal delivery in that County, whereof he is a Coroner.

Besides his judicial Place he hath also Authority ministerial, as a She∣riff hath, viz: when there is just ex∣ception taken to the Sheriff, judicial process shall be awarded to the Coro∣ners, for the Execution of the Kings Writs, in which Case he is Locum te∣nens Vice-comitis, and in the same spe∣cial Case the Kings Original Writ shall immediately be directed unto him.

But the Quaere may be, if one per∣son be Coroner both of the Kings House and County, whether an In∣dictment taken before him alone, may be good and valid in our Law?

Its answered, that an Inquisition taken before B. Coroner of the Pa∣lace Royal, and of one of the Coro∣ners of Middlesex is well taken, and

within the Statute of Articuli super Chartas c. 3. Though the Statute re∣quires two persons; for the intent of the Act is performed, and the mis∣chief 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 con∣currunt in una persona, aequum est, ac si essent in diversis. Thus much of the Coroner, as to his Antiquity, Ele∣ction, Dignity, Fees, and Jurisdi∣ction.

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

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

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.

Besides 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

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

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

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

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

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.

SECT. XV. Of the several Courts within the City of London.

THe principal Courts that apper∣tain to this City are four, viz. The Court of the Hustings, the Court of the Sheriffes, the Court of

Equity, and the Court of the Lord Mayor and Aldermen. Of these in their order.

1. Of the Court of the Hustings.

TOuching this Court, are worthy of notice these particularities, scil. The Etymology of the word Hu∣stings, its Antiquity, its preheminence, and its Jurisdiction.

It is called Hustingum, or Hustings of two Saxon words, viz. Hus, i. e. Domus, and Things, i. e. Placitum; so as Hustingum is as much as to say, as the Bench, or Court of Pleas, Do∣mus placitorum, or Forum Contentio∣sum, where Causes are pleaded.

Other Cities and Towns also have had a Court of the same name, as Win∣chester, Lincoln, York, and Sheppey, and others, where the Barons and Citi∣zens have a Record of such things as are determinable before them.

For the Antiquity of this Court of Hustings amongst the Lawes of Saint Edward, you may read these words, scil.

Debet enim in London, quae caput

est Regni, & Legum, semper Curiae Domini Regis singulis septimanis die Lunae Hustingis sedere, & teneri, &c.

The Court of Hustings is the high∣est Court, and of greatest Celebrity within the City of London, and its holden before the Lord Mayor, and Sheriffes. Co. 2. Inst. 322. Co. 4. Inst. f, 247.

As touching the Jurisdiction, Pow∣er, and Authority of this Court, are worthy of our Observation these Particulars, Scil.

1. That there be two Hustings in London, one is de communibus placi∣tis; 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 Hustings, it is not good.

2. The manner of proceedings up∣on a Foreign Voucher;

It is provided by a Statute made in 9 E. 1. That if one be impleaded in the City of London, do vouch a For∣reigner to warranty, the Mayor and Bayliffes shall adjourn the Parties be∣fore the Justices of the Common

Bank at certain day, and shall send their Record thither. And the Justi∣ces shall cause the warrantor to be summoned before them, and shall try the warranty. And the Mayor, and Bayliffs 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, Com∣mandment shall be given to the Vou∣chee to depart into the City, and to swer the first plea. And the Deman∣dant at his suit, shall have a writ from the Justices of the Bench, unto the Mayor, and Bayliffs, 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 Hustings of Lon∣don against the Husband, and Wife,

who vouch a foreigner in warranty, 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 Maxime in Law, Necessitas sub Lege non continetur, quia quod alias non est Licitum, necessitas facit lici∣tum, but yet others are of another opinion.

In a pr••••cipe in the Hustings in Lon∣don, the Tenant voucheth one in London, and other forein Vouchees in the County of Norfolk, &c. In this case, as well the Voucher within Lon∣don, as the foreign Vouchers shall be removed, for although the words of the Stat. of Gloc. c. 12. Vouch forein a garrantie; yet because pro∣cess should be made by the Court of

Common Pleas only against the fo∣reign 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 (sayes Coke) that at the Common Law in case of a foreign Voucher in the Hustings of London, 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 Jurisdi∣ction 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 proceedings upon the plea of Bastardy, or the plea ne unques acconpte en Loyal Matri∣mony.

If in an action Ancestrel the Tenant plea Bastardy in the Deman∣dant, or in a writ of Dower the Te∣nant plead Ne unques acconpte en Loyal matrimony, neither the Court in London, or any like Inferior Court cannot award a writ to the Bishop for Tryal thereof; for nullus alius praeter Regem possit Episcopo demandare in∣quisitionem faciendam; And therefore if such pleas be pleaded in London, the Record shall be removed; and after a writ to the Bishop, and cer∣tificate made by the Bishop, the Re∣cord shall be remanded into London again.

4. That a suit upon a poenal Law cannot be brought either in the Court of the Hustings, or in any other Court at Guild-hall, but it must be commenced in the Kings Courts at Westminster, where the Kings Atturney is to acknowledg, or deny.

2. Of the Courts of the Sheriffs.

Touching the Courts of the Sheriffs of London is observable the Man∣ner of proceeding in two things. scil.

• 1. In a writ of error.
• 2. In an execution upon a Con∣demnation in the Sheriffs Courts.

1. The manner in a writ of error.

If an Erronious Judgment be given before either Sheriffs, the party, grieved shall have a writ of errour, and remove this before the Mayor, and Sheriffs in the Hustings; If they do not yeld redress there, then shall certain Justices be assigned by the Kings Commission, to sit at St Mar∣tyns le Grand, by nisi prius for to redress the said Judgment and if there be default found in the Mayor, and Sheriffs, they shall be punished for their Misprisions, by the form, that is conteined in the Statute of 28. E. 3. c. 10.

2. The manner upon an Execution,

One taken in execution in London, upon a Condemnation in the Sheriffs Court, and removed by Habeas Cor∣pus into the Kings Bench, shall be committed there in execution for that Debt, and having discharged all Causes in the Kings 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 ter∣med by us, Magister a Libellis suppli∣cum.

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, the Mayor upon the sug∣gestion 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 exa∣mination, that the Plaintiff is satis∣fied, his Lordship may award, that the Plaintiff shall be barred.

There is a special Act of Parliament for the Relief of poor Debtours 3. Jac. where by it is enacted, that every poor Citizen, and Freeman inhabi∣ting in London, being sued for debt under forty shillings, may exhibit his suite in the Court of London, called the Court of Requests in Lon∣don, who shall nominate Commis∣sions 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, and the Mayor, and Aldermen would have him, put the matter, to com∣promise, 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 Fran∣chise, that is to his Libertie; for Fran∣chise in the Common Law signifies sometimes, the incorporating a man to be Free of Company, or body politique, as a Free man of a City, or Burgess of a Borough.

To conclude; The Quoere may be; How this Court of Equity in London was raised? Whether by Act of Par∣liament, prescription, or by Letters Patents.

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 wayes; and my Lord Hobart in the Case, betwixt Martin and Marshal tells us that Lon∣don, 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 Aldermen 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 insti∣tuted (amongst other Causes) for the redressing, and correcting the Errours, 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 Ri∣ver 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 Lon∣don. 9. The Court of Common Coun∣cill, wherein are enacted Constitu∣tions,

and Laws, for the advancement of Trade, and Traffique; And lastly, the Court of the Chamberlain for Apprentices, which concerneth the making Free of Apprentices; tou∣ching which Freedom I shall present to the Reader what I have met with, in the Books of the Common and Ro∣man Laws.

One may be a Freeman of London three manner of wayes, viz.

• 1. By service, as in the Case of Ap∣prenticeship.
• 2. By Birth-Right, 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 wayes obtein∣ed, scil.

1. By Manumission, which was thus, when as a Servant was present∣ed by his Master before the Consul, or Praetor, 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, replyed 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 registred for a Freeman.

2. By Birth, both, or at least one of the Parents being Free, and such where called Cives Originarii, or Cives nati.

3. By Gift, and Cooptation, when the Freedome 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 Pri∣viledges:

So saith Philo of Agrippa 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; He gave the Priviledges of the Ro∣man Citizenship to whole Countreys of some of his Friends.

Hence is it, that Cicero tells us,

Omnibus municipibus duas esse pa∣trias, 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 apper∣taining to this City, in a Tract, called Speculam Juris Anglicani, lately exposed to the publique view.

SECT. XVI. Of the Customs of the renowed 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.

Its a Custom of London, That in Case a horse at an Inn, eats more, then he is worth, the same may be praised by the next Neigbour, and sold for the payment of the mo∣ney.

Its a Custom of London to have, Plegiis acquietandis sans fait.

A Custom of London, to make Ordinances, and by Laws.

Its a Custom of the City, That the Lord Mayor may appoint a Ci∣tizen a place, in which he may erect his Taverne.

By the Custom of London, in every shop there is a Market all the dayes of the Week, saving Sundayes, and Holy dayes.

By the Custom of London, if a Debtour become fugitive, he may be arrested before the day of payment.

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.

Its a Custom, that a Feme Covert, sole Merchant, shall be impleaded, and implead without her hus∣band.

Thus much for Customs allowed in the Courts at Westminster.

Customs of London pleaded, and disallowed by the Judges, are such these.

A Custom of London pleaded, that he to whom goods are pledged, shall reteine them, Cujuscunque fue∣rint, 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; for the King only may do it by his prerogative.

Custom of London for an Abuse offered to an Alderman opon the Exchange, and commited thereupon, 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, for which one of his suretyes being in Prison thereupon a plaint, under the Custody of the Defendant, was deteined in execu∣tion, secundum Consuetudinem Civi∣tatis praedict. and after he escaped, &c. upon this the Defendant de∣murred: 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 Baile; 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 Kings Bench held unreasonable.

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.

It is answered, that the Statutes, which confirm the Customs of Lon∣don 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 agreable with the In∣terpretation of Mr Horne, whose words are these. In point, que demand, que le City de Londres cit ses franchises, & ses franke Customes, est interpretable en cest manner, que les Citizens eient lour Franchises, dont ils sont inherit per loyall Title, de dones, & confirme∣ments des Royes, & les queux ilz ne out forfeites per nul abusion, & que ilz eient lour franchises, & Customes, quae sont sufferable per droit & nient repugnant al Ley; And this

very interpretation agreeth with di∣vers of our later books (as Plowd. 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 sence.

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.

FINIS.

Notes

• Co. 2. Inst. 28.
• Cambden.
• Co. 4. Inst. 24••
• Lud gate
• New-gate
• Alders-gate.
• Creeple-gate.
• Moore-gate.
• Bishops-gate.
• Ald-gate.
• Belins-gate.
• Dow-gate
• Godw. Antiq. lib. 1. sect. 1. c. 7.
• Just▪ 9.••. ••
• Cambden.
• Stow.
• Stow
• Anno 1086.
• Stow.
• Stow.
• Stow.
• Co. 4. Iust. 249.
• 4. E. 4.17. Cro. 3. pant. Adams vers. Hiske.
• Co. Litt. 109. b.
• 5. E. 4.1.41. E. 3.26.11. E. 4.5.26. Eliz. Dyer 38. Co lib. 7. Bulwers case.
• 4. E. 4.17.
• Co. 3. Inst. 136. Co. 4. Inst. 251.
• Godw. Antiq. Lib. 3. sect. 2. c. 4, &c. 20.
• Co. 4. Instit. 253.
• Co. 3. Inst. 73,
• Co. 4. Inst. 250.
• 4. H. 7. C. 15.
• 49. E. 3.16. a. Cro. 2. part. f. 531.
• Bulstrods Rep. 3. part. f. 21.
• 21. E. 4.14.
• Stow.
• Stow.
• Co. 4. Inst. 253.
• Stow.
• Cro. 3. part. Alderman of London's case.
• Stow.
• Co. Litt. 168. a.
• Quere 2.
• Co. 2. Inst. fol. 174. & 175. & 558. & 559.
• 14. E. 3 c. 7.23. H. 6. c. 8.12. R. 2 c. 3.
• Cro. 3. part. Terme Mich. 16. Car. Regis in Banco Regis
• Co. Lib. 5. Frosts case f. 89.
• Co. Lib. 9. Mackaleyes Case Lib. 6. Count of Rut∣lands Case. Cro. 2. part. Hodges vers. Markes.
• Cro. 2. part. Waite vers. Hundred of Stoke 496.
• Cro. 2. part. Mackaleyes case.
• Cro. ••. part, Harlestons Case
• Cro 2. part. May v. Proby, and Lum Sheriffs of Middlesex.
• Cro. ••. part. Arundel ver. Arundel.
• Co. lib. 31 Ridgewayes. Case.
• Cro. 2. part. Whiting ver. Reynel. Co. lib. 3. ••ogt••ns Case. lib 3. Ridgewayes Case.
• Cro. 1. part. Westly ve Skin∣ner Co. lib. 3. Westbreys Case.
• Cro. 3. f. 75. White Acres ver. Hamkin∣son.
• Cro. 2. part. Ayre ver. Aden Yelverton Reports Aire ver. Aden.
• Co. lib. 8. Man∣nings Case: Co. 1. Part. Ayre ver Wood∣fine.
• Co. lib. 4. Mittons Case.
• Hobarts Re∣ports Norton ver. summe f. 13.
• Cro. 1. part. Sir Lewis Mordants Case 12. & 13.
• tempore H. 1.
• C. 4. Inst. 248.
• Stow.
• Co. 2. Inst. 32.11. Eliz. Dyer f. 278.
• Stow.
• Stow.
• Moores Reports 178. an. 317.
• 30. H. 6.43:
• Hobarts Rep. Lamb. vers. Wiseman f. 70.
• Cro. 1. part. Allen v. Sir Rob. Salisbury.
• Zazins de Fendii part. 4. nu. 7.
• Peregrians de jure fisci lib. 6. tit. 3.
• Co. 4. Inst. 271. Co. 2. Inst. 31.
• Mirror c. 1. nu. 3.
• Co. 4. Inst. 27•• Co. 2. Inst. 174, 558, 559.
• Co. 4. Inst. 271.
• Co. 2. Inst. fol. 174.
• 3. E 3. Coron 372.
• 1. H. 8. C. 7.
• Co. 2. Inst. f. 32. Co. 4. Inst. f. 271.
• Co. 4. Inst. f. 271.
• Co. 3. Inst. 134:
• Co lib 4 Wrote and wigges Case.
• Vide 14 E 3. c. 8.1 H. 8 c. 8.3 H. 8 c. 2.
• C 4. Inst. f 123.
• 4. E. 3. Bar. 102.
• 21 H, 4.21.5 H. 7.6.
• Kitchin.
• 12 E 4.35.
• 2 E. 4.9.
• 3 H 7.10.13. H. 7.10.
• 38. H. 8. Tit. False Judge∣ment. 6.
• 3 H. 7.1.
• Kitchin.
• Co. lib. 5. f 53. Fosters Case,
• Co. 3. Inst. 116.
• Co. 3. Inst. 117.
• Stat. de 1••. E. 2
• Co. 3: Inst. f. 118.
• Co. 3 Inst. 118.
• 1. The Etymo∣logy.
• Co 2. Inst. 312. Co. 4. Inst. f. 47
• Fleta lib. 2. c. 55.
• 2 The Anti∣quity of this City.
• 3. Its prehe∣minence.
• 4 Its Juris∣diction.
• 16 H. 7.12.11 H. 7.10. a 6 H. 7.15.
• 6 E. 1. c. 12.
• 18. E. 2.3. a. b. Tit. Receipt. 106. Co. 2. Inst. f. 326.
• Co. 2. Inst. f. 325.
• Co. 2. Inst. 327.
• Co. 2. Inst. f. 271
• Co. Litt. fol. 134.
• Cro. 3. part. Miller ver. Re∣gem 538.
• Cro. 3. part. Cusackes Case f. 128.
• Co. lib. 8. f. 126.10 H. 6.14 Co 4 Inst. 268.
• 3. Jac. c. 15.
• Cro. 1. part. f. 33. pl. 14••.
• Co. Litt. 137 b.
• Quere.
• Resp.
• Co. 4. Inst. 248, 87, 97. & 121 Hobarts Re∣ports Martin ver. Marshal & Kerb. f 63.
• The Common Law.
• Co. lib. 8. le Case of London. Co. 4. Inst. 250. Bustrods Re∣ports 2. part. Allen ver. Tooly.
• The Civil Law.
• Godwins An∣tiq. Lib. 1. sect. 2. c. 6. & lib. 3. sect. 4. c. 4 de jure ci∣vium Romano∣rum.
• Municipium aut nativitas facit, aut ma∣numissio, aut adoptio. D. 50.1.1.
• Lib. 2. de Le∣gibus.
• 1. Customs allowed.
• More Reports Watbrooke ver. Griffith num. 1229. Bulstrods Reports 1. part. Mosse vers. Townesend.
• Dyer 257.370.
• Pasch. 15. Car. in B. R. Marsh. 15.
• 5. E. 4.30.
• Co. lib. 8.5. Smellings case.
• 21. H. 7, 18. a.
• 2. Customs Dissallowed.
• Plowd. Com. 243. b. 35, H. 6.25. b. Da∣vys Reports 33. b. le Case de Tanistry.
• 29. Ass. pl. 8. le case de Whi••tawers.
• Cro. 1. part. Deans Case 689.
• Cro. 1. part. Devered vers. Ratcliff She∣riff of London.
• Qu.
• Resp.
• 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,