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 London against the Husband and Wife who vouch a foreigner in warranty 18. E. 2.3 a. b. Tit. Receipt 106. Co. 2. Inst f. 326. 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 licitum but yet others are of another opinion In a prâ—â—cipe in the Hustings in London the Tenant voucheth one in London and other forein Vouchees in the County of Norfolk c. In this case as well the Voucher within London as the foreign Vouchers shall be removed Co. 2. Inst f. 325. for although the words of the Stat. of Gloc. c. 12. Vouch forein a garrantie yet because process should be made by the Court of Common Pleas only against the foreign 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 Co. 2. Inst 327. 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 Jurisdiction 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 Matrimony If in an action Ancestrel the Tenant plea Bastardy in the Demandant Co. 2. Inst f. 271 or in a writ of Dower the Tenant plead Ne unques acconpte en Loyal matrimony neither the Court in London Co. Litt. fol. 134. or any like Inferior Court cannot award a writ to the Bishop for Tryal thereof for nullus alius praeter Regem possit Episcopo demandare inquisitionem faciendam And therefore if such pleas be pleaded in London the Record shall be removed and after a writ to the Bishop and certificate made by the Bishop the Record shall be remanded into London again 4. That a suit upon a poenal Law cannot be brought either in the Court of the Hustings Cro. 3. part Miller ver Regem 538. 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 Manner of proceeding in two things scil 1. In a writ of error 2. In an execution upon a Condemnation 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 Martyns 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 Cro. 3. part Cusackes Case f. 128. One taken in execution in London upon a Condemnation in the Sheriffs Court and removed by Habeas Corpus 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 termed by us Magister a Libellis supplicum 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 Co. lib. 8. f. 126.10 H. 6.14 Co 4 Inst 268. the Mayor upon the suggestion 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 examination that the Plaintiff is satisfied 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 3. Jac. c. 15. that every poor Citizen and Freeman inhabiting in London being sued for debt under forty shillings may exhibit his suite in the Court of London called the Court of Requests in London who shall nominate Commissions 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 Cro. 1. part f. 33. pl. 14â— and the Mayor and Aldermen would have him put the matter to compromise 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 Franchise that is to his Libertie for Franchise in the Common Law signifies sometimes the incorporating a man to be Free of Company Co. Litt. 137 b. or body politique as a Free man of a City or Burgess of a Borough Quere To conclude The Quoere may be How this Court of Equity in London was raised Whether by Act of Parliament prescription or by Letters Patents Resp It is answered that this Court of Equity must of necessity be raised either by Act of Parliament or by
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. Hâ—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
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 Recorder-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 associate unto them for their better direction in matters of Justice and proceedings according to Law and therefore 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 honourable 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 Stow. 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 Justices out of Term. 32. E. 1. Geoffry Hertilepole Alderman was elected to be Recorder of London and took his Oath and was appointed 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 Co. Litt. 168. a. And Reve is praefectus or praepositus so as Shireve is the Rive of the Shire Praefectus Satrapiae Provinciae or Comitatus 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 Comitatus nostri c. Quere 2. How a Sheriff was Quere 2. 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 Freeholders by the Kings writ de Coronatore eligendo and the reason thereof was for that both the King and the County had a great interest Co. 2. Inst fol. 174. 175. 558. 559. and benefit 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 Freeholders of the County but this way by election is altered by divers Acts of Parliament 14. E. 3 c. 7.23 H. 6. c. 8.12 R. 2 c. 3. 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 Cro. 3. part Terme Mich. 16. Car. Regis in Banco Regis the Lord Cotington Chancellor of the Exchequer were assembled in the Exchequer Chamber 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 Conference 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 process 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 executed 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 Co. Lib. 5. Frosts case f. 89. that when a man is in Custody of the Sheriff by process of the Law and afterward another writ is delivered unto him to apprehend 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 Co. Lib. 9. Mackaleyes
Case Lib. 6. Count of Rutlands Case Cro. 2. part Hodges vers Markes 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. Mackaleyes 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 Cro. 2. part Waite vers Hundred of Stoke 496. and erronious for they shall be intended as fictions because it is well known the Court do not sit that day but an original 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 Cro. 2. part Mackaleyes case is valid although it be done upon a Sunday Quaere 9. In what Cases a Sheriff may break open houses to execute process 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 Common person upon request made and denial thereof ought not to break open the doors or the house to execute any process at the suit of any subject or to execute a Fierifac Being a writ of execution but he is a Trespasser 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 Commission may be awarded to a Sheriff to enquire of the Death of a man Res It was found before the Coroner super visam corporis Cro. â— part Harlestons Case 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 possâ— Comitatas with them Cro 2. part May v. Proby and Lum Sheriffs of Middlesex 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 Rescussours 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 casâ— there is not any great mischief for thâ— 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 Return 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 judicially and by one as judge Cro. â— part Arundel ver Arundel 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 execution escape out of view yet if fresh suite be made and he be taken again in recenti in secutione he shall be in execution otherwise at the turning of a corner or by entring into an
Kings in the high Court of Parliament Singularity 1. King Athelstan in his Laws or Constitutions appointing Mint-Masters 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 Amerciament commandeth that no Citizen of London shall be amerced above 100 s. for any pecuniary pain Singularity 3. It is granted to the Citizens of London Gavelet 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 Warr. 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. Erroneous Judgment 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. Aldermen The Aldermen of London shall not be hereafter elected yearly but remain until they be put out for reasonable cause 17. R. 2. c. 11. Singularity 7. Mault The Lord Mayor and Aldermen may reform the defaults of Victuallers 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. Mault Singularity 9. It is Enacted in the Reign of R. 2. That the Mayor Guardian-ship of Orphans 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 Redressing of Errours and Misprisons 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 Sheriffs of London as touching Indictments and Presentments Singularity 12. Citizens and Freemen of London may carry their wares to any Fairs Wares or Markets throughout England 3. H. 7. c. 9. Singularity 13. Butchers shall kill no beasts in London Butchers 11. H. 7. c. 21. Singularity 14. By the Stat. of 9. H. 7. c. 8. no scavage Scavage or Shewage 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 Successors have like Authority in all issues Breaches Sewars ground over flown as far as the water ebbeth and floweth grown out of the River of Thames as touching the punishment for using unlawful nets and engines as his Lordship hath within this said River 4. H. 7. c. 15. Singularity 16. For all issues forfeited by Jurors in the Mayors Court Issue forfeited 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 Warden of Handy-Crafts 15. and 16. H. 8. c. 2. Singularity 18. Wardens of Cowpers shall search Wardens of Cowpers 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 Jurors 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 Oyles 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 Paving 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 Woods 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 Whores Vide Daniels History f. 243. 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 Floridas Meretrices vestres indutae sunto Singularity 24. By the Stat. of 1. Jac. c. 19. Garbler of London 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 Wares put down by Thames and Medway 9. E. 3. c. 22. Singularity 26. Damages 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 recovered their Lands 6. E. 1. c. 14. Singularity 27. Salmons 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 punishment ordained for him Corruption 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 Higwayes and streets 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 Recorder and Aldermen shall be joynt Commissioners in exercising all the powers of this said Act within the City and Liberties thereof Singularity 30. Curriers 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. Imposition on Coals for building◠of Cathedral c. Churches 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 perform 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 Majesties beloved and native City towards which his Royal Heart hath been so gratious 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 Liberties and Priviledges that the Citizens of London have and do claim by vertue of Charters Royal and Acts of Parliament I shall now come to a conclusion of this small and slender Treatise with a Rehearsal of some of the Statutes both conservant and confirmant appertaining to this most glorious and most renowned City of London Amongst the Acts of Parliament that are called preserving Statutes Conservant or saving or saving Laws viz. of the Liberties belonging to London take these following sc 3. E. 4. c 4 The liberties of great Saint Martins in London reserved by the Statute of 3. E. 4. c. 4. touching Marchandizes 7 H. 4. c. 17. The Citizens of London may take Apprentices according to their old Custom notwithstanding the Stat. of 7. H. 4. 19. H. 7. c. 23 By the Stat. of 19. H. 7. c. 23. All Acts made in Derogation of the Merchants of Stillyard are void provided that the Statute shall not prejudice the Liberties of London 5. Eliz. c. 4. In the Stat. of 5. Eliz. touching Apprentices there is a proviso that the Act shall not be prejudicial to the City of London or priviledges of the same City 1. Jac. c. 21. 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 concerning 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 prohibited Amongst the Statutes that have been enacted for the strengthning Statutes Confirmant and confirming 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 Consuetudines 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 ordained that the Liberties of this City shall not for any cause be taken into the King Hands Rot. Parl. 1. E. 3. authoritate 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 Co. 4. Inst f. 250 and notwithstanding any Statute to the contrary c. Lege Statutum for by this Act the City of London may clayme Liberties by proscription Charter or Parliament notwithstanding 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 Religion and Laws at Newport was That an Act be passed for granting and confirming the Charters Customs Liberties 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 Inhabitants 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 floreat Triplex Corona Serenissimi Potentissimi Sacratissimique Principis nostri Caroli à Carolo. FINIS Books Printed for William Crook at the Green Dragon without Temple Bar. 1. THe Compleat Vineyard or an excellent way for Planting of Vines in England and how to make Wine of their Grapes By W Hughs price 2 s. 2. The Compleat Measurer or a new exact Way of Mensuration By Thomas Hammon price 1 s. 3. The Deaf and Dumb Mans discourse A Treatise of those born Deaf and Dumb to which is added the Rationality of Beasts particularly of the Elephant shewing the wonderful understanding of that Creature Octavio price 1 s. 4. The Flower Garden shewing how all sorts of Flowers are to be ordered the time of Flowering the taking them up and of Planting them again c. Being all necessary observations relating to a Flower Garden by the Diligence and experience of W. Hughes Twelves price 1 s. 5. The Court of Curiosity being the Most Witty and Facetious Fortune book that was ever published in English with a most judicious Interpretation of all Dreams drawn from the Wisdom and Doctrine of the Ancients also a Treatise of Physiognomy All written in French since Translated for the excellency of it into Spanish Italian High Dutch Low Dutch c. now out of French into English The second Edition much improved and explained In Twelves price 2 s. 6. The American Physitian shewing all the Vertues and Uses of all Roots Herbs Trees Fruits c. in the English Plantation in America By W. Hughes Twelves price 1 s. 7. Shafto's Great Law of Nature of Self-preservation Examined and Vindicated against the Abuses in Mr Hobbs his Leviathan Twelves price 1 s. These new Books Printed for William Crook in the year 1675. 1. HOmers Odysses Translated into English by Tho. Hobbs of Malmsbury With a large Preface concerning the Vertues of Heroick Poetry Price 4 s. 2. The Jurisdiction of Court Leets and Court Barons Marshalfey Py-powder c. and all other Courts to which is added Choice Writs By R. A. and T. J. price 6 s. 3. The Third Volume of Mr. Hobbs his Works in Quarto price 10 s. 4. The Golden Rule of Arithmetick made easie By C. H. Octavio price 3 d. 5. De Mirabilibus Pecci Carmen Tho. Hobbs price 6. d. 6. Euterpe Revived being Epigrams on the most eminent persons now living price 1 s. 7. Amourons Gallant or Love in Fashion A Comedy in Heroick Verse By J. B. Gent price 1 s. 8. The Mock Duellist or The French Vallet A Comedy acted at the Theater Royal. Quarto price 1 s. 9. The Grounds of Soveraingty and Greatness In Quarto price 6 d. 10. Gees Steps of Ascension unto God or A Ladder to Heaven Twenty fours Books Printing and Printed for William Crook for the year 1676. 1. HOmers Iliads Translated out of Greek into English by Tho. Hobbs of Malmesbury printing 2. The present state of the Jews relating all their Customs and Practises now in use The second Edition By L. Addison D. D. Twelves printed 3. A Sermon Preached at the Bishop of Chichesters first Visitation By W. Howel Minister at Fittleworth in Sussex Quarto Printing 4. The Potable Balsam of Life described by Dr P. Belon printed 5. Historians Guid in 2. parts First the Recovery of lost time being a Compendious Chronology of the world from the Creation to this time Translated out of Italian Secondly Englands Remembrancer being a Sumary of the Actions Exploits Seiges Battles c. Happened in England from the year 1600. to 1675 price 1 s. Octav printed FINIS