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A29941 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 ... Brydall, John, b. 1635? 1676 (1676) Wing B5253; ESTC R2537 44,312 135

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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 Qu. But the Quaere may be whether ill Customs such as these I have here named confirmed by Act of Parliament be thereby made good or not Resp It is answered that the Statutes which confirm the Customs of London shall never be construed for the Ratification of any ill or irrational Custom which has been made use of within the City of London And this is agreable with the Interpretation 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 confirmements 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 divers 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 singularities of the most glorious City of London THrough the special favour and Indulgence of our Princes the Kings of England the Citizens of London have obtained very large and great Immunities or 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 Theolonio passagio ab omnibus aliis Consuetudinibus Vide Chartam H. 1. de Libert London Priviledge 2. H●nting King H. I. by his Charter granted for the Recreation of the Londoners Quod Cives London habeant fugationes suas ad fugandum sicut melius plenius habuerunt Antecessores eorum scil Silve Middlesex Suer Co. 4. Inst f. 314. Priviledge 3. Toll-free King H. 3. Granted that the Citizens 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 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 London quòd nullus Civis faciat Duellum Duells quod de placitis ad Coronam pertinentibus se possint disrationare secundam 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 extends to every particular Citizen Bulstrodes 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 fecerint Sheriffs of London unde misericordiam pecuniae debeant incurrere non judicentur ad plus nisi ad miserecordiam vigint Libr. hoc sive damno aliorum Civium si Vicecomit non sufficiantur ad miserecordiarum suam solutionem Co. 4. Inst 254. Priviledge 7. King John by his Letters granted to the Citizens of London Election of a Mayor Liberty yearly to choose to themselves a Mayor Co. 4. Inst 253. Priviledge 8. In the year 1282. King Ed. I. granted to H. Waller Mayor Walls and the Citizens of London to take toward the making of the wall and inclosure of the City certain Customs or Toll as appeareth by his grant Stow. Priviledge 9. Mayor In the Reign of Ric. I. The Citizens of London obtained to have a Mayor to be their principal Governor and Lieutenant of the City as of the Kings Chamber Stow. Priviledge 10. For the repairing of Bishops-gate H. 3. granted Bishops-gate and confirmed to the Merchants of Hanced that had an House in the City of London called Guildhalla Theutonicorum certain Liberties and priviledges Stow. Priviledge 11. Kind Ed. III. granted Justice of Oyer that the Lord Mayor should be Justice for the Goal delivery at New-gate Stow. Priviledge 12. Ed. III. granted Maces 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 Escheator but the Lord Mayor for his time Stow. Priviledge 14. Clerks King H. 3. granted that either Sheriff should have two Clerks and two Sergeants Seal also that the Citizens should have a Common Seal Stow. Priviledge 15. It is a Liberty of London granted Quod nullus Civium sit implacitatus extra muros Privilege 16. Walls and Ditch It was granted by Ric. II. That a Toll should be taken of the Wates sold by Land or by water towards the Repairing of the walls cleansing of the Ditch about London Stow. Privilege 17. London Bridge King John gave certain void places in London to build upon the profits thereof to remain towards the charges of rebuilding and repairing of London Bridge Stow. Priviledge 18. By the patent of Ed. II. London Bridg. a Subsidy was granted towards the Amendment of London Bridge Stow. Priviledge 19. In H. III. time ships of the Ports arrested Corne brought into ports and forced to bring their Corn to Queen Hithe but the ships of the Citizens of London were at liberty to arrive where the owners would appoint them Priviledge 20. Aldermen of London were used to be changed yearly but it was ordered in 28. E. 3. Aldermen that they should not be removed without special cause Stow. Priviledge 21. Ed. III. in the 3. Paving 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. Physitians King H. 8. by his Letters Patents erected a Body Corporate of Physick in London and seven miles compass Priviledge 22. Sales in gross It was granted in some Kings Reign that all Clothes or other Merchandizes should not be sold in gross but only to the Citizens of London Priviledge 24. The City of London hath by the Kings