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A33193 The city of London's plea to the Quo warranto, (an information) brought against their Charter in Michaelmas term, 1681 wherein it will appear, that the liberties, priviledges, and customs of the said city cannot be forfeited, or lost by the misdemeanor of any officer or magistrate thereof, nor their Charter be seized into the King's hands for any mis-usage or abusage of their liberties and priviledges, they being confirmed by divers ancient records and acts of Parliament made before and since Magna Charta : also, how far the Commons of the said city have power of chusing and removing their sheriffs / published both in English and Latin. 1682 (1682) Wing C4360; ESTC R15339 37,563 73

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THE City of London's PLEA TO THE Quo Warranto An Information brought against their CHARTER In Michaelmas Term 1681. WHEREIN It will Appear That the Liberties Priviledges and Customs of the said City cannot be Forfeited or Lost by the Misdemeanor of any Officer or Magistrate thereof Nor their CHARTER be Seized into the King's Hands for any Mis-usage or Abusage of their Liberties and Priviledges they being Confirmed by divers Ancient Records and Acts of Parliament made before and since MAGNA CHARTA ALSO How far the Commons of the said City have Power of Chusing and Removing their SHERIFFS Published Both in English and Latin London Printed in the Year 1682. And Published by Randal Taylor Per Informat ' Mich. xxxiii Car. Secund. Reg. Lond. ss MEmorandum quod Robertus Sawyer Miles Attorn Dom. Regis nunc Generalis qui pro codem Dom. Rege in hac parte sequitur in propria persona sua von hic in Cur. dict Dom. Regis coram ipso Rege apud Westm die Lunae prox post quinden ' S. Martini isto codem term ' pro eodem Dom. Rege dat Cur. hic Intelligi Informari quod Major Communitas ac Cives Civitat Lond. praed per spacium unius Mensis jam ult elaps amplius usi fuerunt adhuc utuntur ac clamant habere uti absque aliquo Warranto sive Regali Concessione infra Civitat Lond. praed Libertat Praecinct ejusdem Civitat diversis Libertat Privileg Franches sequen videl Fore de seipsis unum Corpus Corporat Politicum in nomine Majoris Civitat ac Civium Civitat London ac per idem nomen placitare implacitari respondere responderi ac etiam habere Vicecomit Civitat Comitat. Civitat Lond. nominare eligere ex seipsis duas personas fore Vicecomit Civitat praed Com. ejusdem Civitat Ac ill sic nominat elect praesicere constituere Vic. Civit. praed Com. ejusdem Civitat ad Execution Retorn omnium Brevium Billarum Praeceptorum Dom. Regis pro Administratione Executione Justic infra Civit. praed Com. ejusdem Civit. exequend faciend ac ad faciend exequend omnia singula al. infra Civit. praed Com. ejusdem Civit. quae ad Officium Vic. faciend pertinent Ac etiam habere Vic. Com. Middlesex nominare eligere constituere exseipsis Vic. Com. Middlesex pro eodem Com. ut Vicecomes inde deservitur ac omnia Brevia Billas praecepta Dom. Regis infra Com. Middlesex praed pro Administratione Executione Justic ibid. exequend retorn inde faciend absque aliqua Commissione sive aliquibus Literis Patentibus à Dom. Rege inde obtent sive obtinend Ac etiam quod Major Aldermanni ejusdem Civit. fucrunt Justic Dom. Regis ad pacem infra Civit. praed conservand ac ad Sessiones pacis placita Coronae infra eandem Civit. tenend ac ad omnes Felon Riot Conventic illicit infra Civit. praed inquirend audiend terminand Authoritate ipsorum propria absque aliqua Commissione sive al. Authoritate à Dom. Rege in ea parte concess sive obtent De quibus quidem omnibus singulis Libertat Privileg Franches iidem Major Communitas ac Cives Civit. London praed per totum tempus supradictum supra dictum Dom. Regem nunc usurpaverunt adhuc usurpant in dict Dom. Regis nunc Contempt Praerogativae suae Regiae grave dampnum praejudicium Vnde idem Attornat dict Dom. Regis nunc General pro eodem Dom. Rege pet Advisament Cur. hic in praemiss debit Legis Proces versus Praefat. Major Communitat ac Cives Civit. Lond. praed in hac parte fieri ad respondend dict Dom. Regi Quo Warranto clamant habere uti gaudere Libertat Privileg Franches supradict c. In English thus The Information in Michaelmas Term in the Thirty Third Year of Car. II. King of England c. Lond. ss MEmorand ' That Robert Sawyer Knight our Lord the Kings Attorney General who on this behalf prosecutes for our said Lord the King appears here in his own person in the Court of our said Lord the King before the King himself at Westminster on Munday next after the Quindene of St. Martin viz. Nov. 27. in the same Term and for our said Lord the King gives this Court to understand and be informed That the Mayor and Commonalty and Citizens of the City of London aforesaid for the space of one month last past and longer have used and do yet use and claim to have and use without any Warrant or Royal Grant within the City of London aforesaid and the Liberties and Precincts of the said City divers Liberties Priviledges and Franchises following to wit To be of themselves one Body Corporate and Politick in the Name of the Mayor and Commonalty and Citizens of the City of London and by the same Name to implead and be impleaded to answer and be answered And also to have a Sheriff of the City and County of the City of London and to Nominate and Elect out of themselves two persons One to be the Sheriff of the City aforesaid and of the County of the same City and him so nominated and elected to prefer and constitute Sheriff of the City aforesaid and of the County of the said City for the Execution and Return of all Breve's Bills and Precepts of our Lord the King for the administration and execution of the Justice within the City aforesaid and County of the same City to be executed and done and to do and execute all and every the other things within the City aforesaid and County of the same that belong to the Office of a Sheriff And also to Nominate Elect and Constitute Another person out of themselves for the Sheriff of the County of Middlesex for the said County to serve as Sheriff for the same and to execute there and make return of all Breve's Bills and Precepts of our Lord the King within the County of Middlesex aforesaid for the administration and execution of Justice without any Commission or Letters Patents obtained or to be obtained from our Lord the King on that behalf And also that the Mayor and Aldermen of the said City have been Justices of our Lord the King to keep the Peace within the said City and to hold Sessions of the Peace and Pleas of the Crown within the said City and all the Felonies Riots and unlawful Conventicles within the said City to enquire into hear and determine by their own proper authority without any Commismission or other Authority from our Lord the King granted or obtained on that behalf All and every of which Liberties Priviledges and Franchises the said Mayor and Commonalty and Citizens of the City of London aforesaid for all the said time have usurped and do still usurp over our said Lord the King to the
of Mayor have not born or four of them the Mayor Recorder and Aldermen of which the said Mayor or Recorder for the time being to be one shall be Justices of our Lord the King His Heirs and Successors and those Justices their Heirs and Successors for Himself His Heirs and Successors hath assigned for Ever to inquire as often and when they shall see most expedient by the Oath of approved and lawful Men not only of the City aforesaid but also of the Liberties of the same by which the very Truth may be the better known of all Murders Felonies Sorceries Inchantments Whoredom Magick-Art Trespasses Forestallers Regretters Ingrossers and Extortions whatsoever and all and singular other Misdeeds and Offences of which the said Justices of the Peace of our said Lord the King his Heirs and Successors may lawfully be or ought to be inquired by whomsoever and what sort soever within the said City and Liberties thereof before that time done and perpetrated or which from thence there shall happen to be done and attempted and not only of all those that shall in that City and Liberties thereof go to Conventicles against the Peace of the late King and His Successors in the disturbance of His People His Heirs and Successors or by force should go or ride Armed or from thence shall presume to ride or go Armed And also of those which there the People of our said Lord the King or His Successors shall lie in wait to kill or after shall presume to throw down Also of Hostilities and all and singular Persons who in abuse of the Weights and Measures or in selling Victuals contrary to the form of the Ordinance and Statute or any of them whereof the Common Advantage of this Realm and of the People of the late King His Heirs and Successors made and provided shall offend or attempt in the said City and Liberties thereof or from thenceforth shall presume to attempt or offend And also of Sheriffs Constables Keepers of Gaols and all other Officers who in the Execution of their Office about the Premisses or any of them where they ought not to have them or hereafter shall presume to have them where he ought not or carry himself remiss and negligent or from thence shall happen to be remiss or negligent within the said City and Liberties thereof And of all and singular the Articles Circumstances and others whatsoever by whomsoever and of what quality soever in the said City or Liberties thereof shall be done or committed and which from thenceforth shall happen to be done by any whatsoever in the Premisses or concerning any of them And to what Indictment soever which before the Mayor or Recorder of the said City for the time being and such of the said Aldermen or any four or more of them whereof the said Mayor or Recorder for the time being shall be one then afterwards shall be taken and inspected and Process thereof made to all and singular that are Indicted or shall happen to be Indicted until they shall be taken or restore themselves or shall be or restore themselves or shall be out-lawed and in making and continuing and to all and singular Murders Felonies Sorceries Inchantments Whoredom Magick-Art also false Conspiracies and other Misdeeds Forestallers Regretters Ingrossers Extortioners Conventicles Indictments aforesaid and all and singular other the Premisses according to the Laws and Statutes of this Realm of England as in such like Cases have used to be done or ought to hear and determine And the Offenders and such of them for their Duties by Fines Redemptions Amercements Forfeitures and other manner according to the Laws and Customs of this Realm and Form of the Ordinances and Statutes of the same have been accustomed to be done or ought to be corrected and punished and all and singular others to do perform hear determine and execute within the said City and Liberties thereof which Justices of the Peace by the Laws and Statutes of this Realm to do exercise and inquire or may be Executed and of Force and in as ample manner and Form for any one or to any one Justice of the Peace in any other County of this Realm lawfully to do exercise inquire punish or in any other manner may be exercised or of Force as by the said Letters Patents among other things more fully appears And that our said Lord the King that now is by his Letters Patents under the Great Seal of England bearing Date at Westminster aforesaid the 24th Day of June in the Fifteenth Year of his Reign which the Mayor and Commonality and Citizens of the City of London here brings in Court all Grants and other whatsoever in the said Letters Patent of King Charles the First above specified for the said King His Heirs and Successors to the Mayor and Commonalty and to the Citizens of the City of London and their Successors for ever did ratifie and confirm as by the said Letters Patents among other things may appear And they the said Mayor Commonalty and Citizens of the City of London further say that in the time of making the said Letters of the said King Charles the First and whilst before that and from that have hitherto been and still are Mayor and Recorder of the said City and Aldermen of the said City who have not been Mayor and sustained the burden of that Office and three and more Aldermen of the said City who have not underwent the burden of Mayor thereof And from that time of the making of the said Letters Patents of the said King Charles the First hitherto the Mayor and Recorder of the said City for the time being and such Aldermen for the time being as have not been Mayor of the said City also three of the Eldest Aldermen for the time being who shall be longest in that Office of Alderman and hath not been Mayor of the said City nor by vertue of the said Letters Patents have been Justice of the Peace within the said City or Liberties thereof or by vertue of the said Letters Patents and according to the Form and Effect of the same of the time in the time by the whole time they have holden Sessions of the Peace and Pleas of the Crown to wit such Pleas of the Crown as such Justices of our said Lord the King Assigned to keep by the same time lawfully have held or may hold within the said City And by that Authority the said Mayor and Commonalty and Citizens of the City of London by the time in the Information above-specified have been used or hitherto use and claim to have and use the Liberties Privileges and Franchises that the said Mayor of the said City and such of the Aldermen of the said City who have not been Mayor therrof or have been dismissed or three eldest Aldermen of the said City who have been longest Aldermen thereof or executed the Office of Mayor have been Justices of the Peace of our said Lord the King to preserve the Peace within the said City and to the Sessions of the Peace and Pleas of the Crown to wit such Pleas of the Crown as Justices of our said Lord the King lawfully assigned may hold within the said City and to all Felonies Riots Routs and unlawful Conventicles within the said City to inquire to hear and determine as to them may seem lawful or be lawful Without that the said Mayor and Commonalty and Citizens of the City of London of their Liberties Privileges and Franchises upon our said Sovereign Lord the King that now is by the time in the Information above-specified have usurped or do usurp as by the Information for our Lord the King above mentioned it is supposed which all and singular the said Mayor and Commonalty and Citizens of the City of London are ready to verifie whereof they pray Judgment and that their Liberties Privileges and Franchises to them and their Heirs for ever hereafter may be allowed and adjudged and that they as also the Premisies may be dismissed from this Court c. And as to the residue of the Liberties Privileges and Franchises in the said Information specified by them the Mayor and Commonalty and Citizens of the said City of London above-specified not claimed they the said Mayor and Commonalty and Citizens of the City of London those Liberties Privileges and Franchises were never used or do use but the same do uterly disclaim FINIS The Courteous Reader is desired to pardon the small Faults of the Press
and Comminalty and Citizens of the City of London or by the name of Mayor and Aldermen of the City of London or by the Name of Mayor Cityzens and Commonalty of the City of London or by the name of Mayor and Cityzens of the City of London or by the name of Citizens of the City of London Or by the name of Barons of London or by the name Barons of the City of London or by any other name whatsoever by reason or force of any Letters Patents Charters or Confirmation of any the Progenitors Predecessors Ansecessors of the said King James in any time or times have had or reasonably have been used or exercised hath ratified and confirmed and for himself his Heirs and Successors did accept and approve and all and singular to the said Mayor and Commonalty and to the Cityzens of the City of London and their Successors by the said Letters Patents did ratifie and confirm to have hold enjoy and exercise all and singular the said premisses to the said Mayor and Commonalty and to the Cityzens of the City of London aforesaid and to their Successors for Ever so fully clearly and wholy in as ample manner and forme as if seperately singly and name by name those said Letters Patents were expressed named declared recited and manifested as by the said Letters Patents among other things more fully appear And that our late Soveraign Ld. King Charles the first by his Letters Patents under his Great Seale of England bearing date at West the 18th day of October in the 14th year of his Reign which the said Mayor and Commonalty and Cityzens of the City of London brings here in Courts all and singular Priviledges Liberties Franchises Freedoms Immunities and free-Customs whatsoever which the said Mayor and Commonalty and Cityzens of the City of London or their Predecessors by the name of the Mayor and Commonalty and Cityzens of the City of London Or by the name of Mayor and Aldermen Cityzens and Commonalty of London Or by the name of Mayor and Cittizens of the City of London or by the name of Mayor and Commonalty of London Or by the name of the Cityzens of the City London or by the name of Barons of London or by the name of Barons of the City of London or by any other name whatsoever by reason or force of the said Letters Patents of the said King John or of any other Letters Patents Charters or Confirmations in the said Letters Patent of the said late King Charles the first mentioned or in use or by prescription or by any other lawful manner in any time or times before that they have had or reasonablely have used or exercised hath adjudged and conformed the same for himself his Heirs and Successors and accepted and approved them all and singular to the said Mayor and Commonalty and Cityzens of the City of London and their Successors by his said Letters Patents hath ratified and confirmed as by the said Letters Patents among other things more fully appears And that our now said Soveraign Lord the King by his Letters Patents under his Great Seale of England bearing date at Westm the 24th day of June in the 15th year of his Reign which the said Mayor and Commonalty and Cityzens of the City of London brings here in Court for himself his Heris and Successors hath ratified and confirmed to the Mayor and Commonalty and to the Cityzens of the City of London and their Successors all and singular the Jurisdictions Authorities Priviledges Liberties Franchises Feeedoms Immunities and Customs whatsoever which the said Mayor and Commonalty and Cityzens of the City of London or their Prepecessors by the name of Mayor and Commonalty and Cityzens of the City of London or by the name of the Mayor and Alderman Cityzens and Commonalty of London or by the name of Mayor and Cityzens of the City of London or by the name of Mayor and Commonalty of the City of London or by the name of the Cityzens of the City of London or by the name of the Barons of London or by the name of the Barons of the City of London or by any other name whatsoever by reason or force of the said Letters Patents of the said King John or of any other Letters Patents Charters or Confirmations in the said Letters Patents of our now said Soveragin Lord the King before mentioned or of any or any use or uses Prescription or Prescriptions or in any other lawful manner whatsoever in any time or times before that or reasonably have used or exercised to have hold enjoy and exercise all singular the Premises aforesaid to the said Mayor and Commonalty to the Citizens of the City of London their Successors for ever so fully freely intire in as ample manner and form as in the said Letters Patents above is mentioned to be given or granted or any other use prescription or in any other lawful manner or right whatsoever before that respectively had been obtained or enjoyed as if severally singly and name by name in and by the said Letters Patents of his now present Majesty were named declar'd granted and manifested as by the said Letters Patents among other things morefully appears And the said Mayor and Commonalty and Citizens of the City of London further say That from the time of granting the said Letters Patents of the said King John hitherto they the said Mayor and Commonalty and Citizens of the City of London have Sheriff of the City and County of the City of London and Sheriff for the County of Middlesex and in every year have named and elected of themselves two Persons Citizens of the City to be Sheriffs of the said City and County of the said City and Sheriff for the County of Middlesex and those so named and elected have constituted and made Sheriffs of the said City and County of the said City and Sheriff of the County of Middlesex And as Sheriffs of the said City and County of the said City to execute and return all Writs Bills and Precepts of our Sovereign Lord the King for the Administration and Execution of Justice within the said City and County of the said City to be done and performed which belongs to the Office of Sheriff And to do and exercise all and singular other things within the said City and County of the said City which belongs to the Office of Sheriff And as Sheriff of Middlesex for the said County to serve and all Writs Bills and Precepts of our said Sovereign Lord the King within the said County of Middlesex for the Administration and Execution of Justice there to exercise and make return thereof which belongs to the Office of Sheriff And by that Authority the Mayor and Commonalty and Citizens of the City of London during the time in the said Information above-specified have used and hitherto do use and claim to have and use the Liberties Privileges and Franchises to have Sheriffs of the