to run away withdraw or absent himself the Sheriff may arrest the Defendant by his Body or Goods as a Foreigner c. When a Debtor in the said City is bound by Obligation in a certain sum to be paid at a certain time to come the which Debtor was held sufficient at the time when he was bound and after is become Fugitive or not sufficient then if the Creditor come before the Mayor and Sheriffs of the said City making such a suggestion and hath with him six or four credible Freemen of the same City that will truly testifie that the Debtor will withdraw and Convey his Goods out of the City or that he is not sufficient to make Payment then the Mayor or one of the Sheriffs before whom the Suggestion is made useth to Arrest the Debtor although the Day contained within the Obligation be not yet come and to keep the same Debtor in Prison untill the Day of Payment be come or otherwise that he shall find Pledges to attend at the same Day and so to Arrest for House-hire before the Day if the Tenant be Fugitive If a Free-man of the City find his Debtor suddenly within the same City which Debter hath absented himself before or that he be Fugitive City-Law pag. 105. and the which Debtor will Escape away before that the Creditor can have an Officer the usage is in such Case that the Free-man himself with aid of his Neighbours without other Officer may Arrest his Debtor and carry him to the Office of one of the Sheriffs and there make his Suit as the Law requires A Brief Account of the Courts held in this Honourable City THe highest and most ancient Court in this famous City is that called the Hustings a Saxon Word Hus signifying a House and Sthing or Thing a Cause or Plea so that it is Domus Causarum a House of Causes or Pleas or Pleadings This Court preserves the Laws Rights Franchises and Customs of the City There be handled the the Intricatest Accounts and Pleas of the Crown and of the whole Kingdom It is of great Antiquity the Laws of Edward the Confessour much referring to it where may be read these words Debet enim in London quae caput est Regni Legum semper Curia Domini Regis singulis septimâ—nis die Lunae Hustingis sedere teneri c. That is The Court of our Lord the King ought to sit and be held every Week on Monday at the Hustings in London which City is the head of the Kingdom and Laws c. But now it is held on Tuesdays in the Guild-Hall of London before the Lord Mayor Sheriffs and Aldermen every Week All the Lands and Tenements Rents and Services within the City and Liberties are pleaded there in two Hustings one is called Husting de placito terrae Husting of Plea of Land the other de Communibus placitis of Common-Pleas It is held on Monday to Demand the Demandants and to award Non-suites to allow Essoynes and on Tuesday to award the Default and Plead For certain times no Hustings may be held by Custom of the City viz. Husting of Plea of Land ought to be held a Week by it self at the aforesaid days but the Inrollments and Titles of the said Hustings make mention of Monday only In Husting of Plea of Land are Pleaded Writs of Right Patents Directed to the Mayor and Sheriffs of London which Writs have this process by Custom of the City viz. The Tenant or Tenants shall first have three Summons at the Tenements Demanded at three Hustings of Plea of Land next ensuing after the Livery of the Writ and of the Hustings without Demanding the Tenements at any aforesaid And after the three Summons ended three Essoynes at three other Hustings of Plea of Land then next ensuing and at the next ensuing after the third Essoyne and the Tenants making Default Process shall be made against them by a Grand cape or petit cape after the appearance and other Process at the Common-Law And if the Tenants shall appear the Demandants shall Count against the Tenants in the Nature of what Writ they will except certain Writs which are Pleadable in Husting of Common-Pleas c. without making Protestation to see in the Nature of any Writ And the Tenants shall have the view and shall be Essoyned after the view as at the Common-law And the Tenant shall have an Essoyn after every appearance by Custom of the City And although that such a Writ be abated after the view by exception of Joynt-Tenancy or other exception Dilatory or other such Writ be â—evived the Tenants by the Custom of the City shall have the view in the second Writ Notwithstanding the view before had And if the parties plead to Judgment the Judgment shall be pronounced by the Recorder and six Aldermen at least were wont to be present at the giving of every such Judgment Every Beadle of the City by the advice of the Alderman of his Ward against every Hustings or Plea of Land shall Summon Twelve Men Freeholders being the best and most sufficient of his Ward to come to Guild-Hall for to pass in an Inquest if there be need for the rest of the Free-holders of the said Ward And if the parties plead and descend to an Inquest then shall the Inquest be taken of the People Inheritors having at the least Frank-Tenement of the same Ward where the Tenements are and other three Wards next to the place where the Tenements are so that four sufficient men of the same Ward where the Tenements are shall be sworn in the same Inquest if there be so many No Damages by Custom of the City are recoverable in any such Writ of Right Patent and the Inquest may pass the same day by such common Summons of the Beadle if the parties be at Issue and the Jurors come Otherwise Process shall be made to cause the Inquest to come at another Husting of Plea of Land ensuing by Precept of the Mayor directed to the Sheriffs who shall be Ministers by the Commandment of the Mayor to serve the Writs and to make Execution thereof notwithstanding that the Original Writ be directed to the Mayor and Sheriffs Joyntly And it is to be understood that as well the Tenants as the Demandants may make their Attorneys in such Pleas c. See City-Law p. 46. c. In the Hustings of Common-Pleas are Pleadable Writs called ex gravi querela for to have Execution of the Tenements out of the Testaments which are Inrolled in the Hastings Writs of Dower unde nihil habet Writs of Gavelkind and Custom and of Service Instead of a Cessavit Writs of Error of Judgments given before the Sheriffs Writs of Waste Writ de Partitione facienda between Co-partners Writs of quid Juris clamat and per quae â—ervitiâ— and others which Writs are close and directed to the Mayor and Sheriffs and also Replegiaries of things taken and of Distresses wrongfully taken are
the foundation of the aforesaid Gate it was much loosned and weakned so that 200 and oddâ— years after viz. Anno 1440. 18 H. 6. It fell down and was never since re-edified There were several other Water-Gates which were purchased by private Men as at Black-frier-stairs a free landing place Puddle-Wharf Pauls-Wharf a free landing place Broken-wharf Queen-Hith a place called Woolf-Gate in the Parish of Aâ—lâ—allows after called Woolf-lane but the lower part being built on by the Earl of Shreâ—sâ—ury and the upper part by the Chamberlain of London it was grown out of use There was also a Gate called Ebgate now the Old Swan There was also a small Gate called Oyster-Gate because Oysters were sold there and other Shell Fish Bridg-gate so called of London-Bridg was reckoned by Fitz-Seephens one of the Principal Gates of the City Next Buttolph-gate so called of St. Buttolphs-Church adjoining Of Billingsgate we have spoke already There was a Water-gate by the Custom-House at the South end of Water-lanâ— and another Water-gate by the Tower Of the Tower of London THe Wall of the City was furnished round about with Towers and Bulworks at due and Regular distances Of which where the Wall ended towards the River on the East-side the most eminent was that which we call the Toâ—â—r of London Built by William the Conqueror about the Year 1078. Some say that Caesar built the White-Tower but that is not so nor does he mention it in his Commentary though an exact Recorder of his own Actions Gundulph Bishop of Rochester being Principal Surveyor and Overseer of the Work This was the great Square Tower now called the White-Tower which has been much inlarged by several Buildings since adjoyned at diverse times and incompassed with a Wall And Anno 1190 in the 2 R. 1. as was said the Bishop of Ely Chancellor of England inclâ—sed it with a thick and strong outward Wall of stone Embattailed and caused a Broad and Deep Ditch to be cast about the same thinking to have Invironed it with the River of Thames so that it is a most Famous Goodly Citadel resembling a big Town Edward the 4 th fortified this Tower inclosing a certain piece of Ground taken from Tower-Hill on the West which is now called the Bulwark Near West-gate opening to the South there is a strong Postern for passengers by the Ward-House over a Drawbridg let down for that purpose On the South side towards the East is a large Water-gate for the Receipt of small Vessels under a store Bridg from the River Thames beyond it 〈◊〉 a small Pâ—stern with a Draw-bridg seldom let down but to receive great Persons that are Prisoners The Lyon-Tower was built by Edward the 4 th This is not only a Fort or Citadel to Defend and Command both City and River but alâ—o a Royal Palace where our Kings with their Courts have Lodged some times 'T is furnished with an Armory and Royal Arsenaf of Arms and Ammunition for 60000 Men. Here are kept the Treâ—sury for the Jewels and Ornaments of the English Crown the only Mint now for Coining Silver and Gold in England And the most Antient Records of the King's Courts of Justice at Westminster This is the Chief Prison for the safe Custody of Great Persons that are Criminals It is out of any County or Parish yet a great part of it is within the liberty of the City For it was the Judges opinion that those that were to be Tried for the Murder of Sir Thomas Overbury must be Tried in the City the Fact being done there The Office of his Majesties Records is of venerable Antiquity And as the Chapel of the Rolls in Chancery-Lane and Petty Bag-Office doth fill with Records out of other Offices they are transmitted into the Tower after some years for preservation and security These Records contain the Foundations and Dissolutions of Abbeys Donation of Land c. These Records at the Rolls being joyned to those in the Tower will make a perfect continuance of all the Antient Rights of England as 1. The Leagues and Treaties of Foreign Princes 2. The Warlike Atchievments of the English in France and other Parts 3. The Original of all the Laws Enacted and Recorded till the Reign of Richard the 3. 4. The Homage and Dependancy of Scotland upon England The Establishment of Ireland in Laws and Dominions 5. The Dominion of the British Seas excluding both French and Dutch from Fishing there without the Kings License proved by Records before the Conquest 6. The Title of the Realm of France and how obtained 7. And all that the Kings or Princes of this Land have until that time done abroad on granted or confirmed unto their Subjects at home or abroad 8. Tenures of all Lands extents of Surveys of Mannors and Land Inquisitions post mortem 9. Libertys and Priviledges Granted to Citys Towns or private Men. 10. Several Writs Bleadings Proceedings c. in Courts of Chancery Common Law Exchequer c. 11. Inspeximus's and Inrollments of Charters and Deeds before the Conquest 12. Metes and Bounds of all Forrests with the respective Rights of the Inhabitants to common pasture besides many other things too tedious to be repeated and are in the Petition of the Commons of England in Parliament Anno 46. E. 3. Num. 43. Said to be the perpetual Evidence of every Mans Right and the Records of this Nation without which no Story of the Nation can be written or proved They are reposited in Wakefield-Tower adjoyning to the Blood-Tower near Traytors-gate It is to be kept open and constantly attended for all Resorters thereto from 7. to 11. of the Clock in the Morning and from 1. till 5. in the Afternoon every Day of the week but in December January and February from 8. in the Morning to 4. in the Afternoon except Holy-days c. The Governor is call'd the Lieutenant of the Tower who ought to be a Person of Worth and Fidelity and by Vertue of his Office is to be a Justice of Peace in Kent Surrey and Middlesex he is High Steward of a Court there held hath a Deputy may refuse an Habeas Corpus and may give Protection to all Debtors belonging to the Tower all England over He can take two Gallons and a Pint of all Wine-Ships that come His Sallary is 200 l. per annum His usual Fee for every Prisoner sent to the Tower who are commonly Men of Estates is 20 l. and 3. l. a week of an Esq 5. l. for a Knight for a Baron or above 5. l. at Entrance to whom the King weekly allows 10 l. whereof two parts to the Prisoner the third to the Lieutenant for Lodging and Dyet and 50 l. to the Lieutenant upon the Prisoners discharge The Gentleman Taylor is put in by the Lieutenant of the Tower and his Fee is 41 s. of a Gentleman and 5 l. of a Knight There are 40 Warders of the Tower accounted the King's Domestick Servants and sworn by the Lord
9 28. Rutland 2 29. Shropshire 12 30. Somersetshire 18 31. Southampton Or Southamptonshire 26 32. Staffordshire 10 33. Suffolk 16 34. Surrey 14 35. Sussex 20 36. Warwickshire 6 37. Westmorland 4 38. Wiltshire 34 39. Worcestershire 9 40. Yorkshire 30 BARONS of the CINQUE-PORTS Port of Hastings 2 Town of Winchelsey 2 Town of Rye 2 Port of new Rumney 2 Port of Hieth 2 Port of Dover 2 Port of Sandwich 2 Port of Seaford 2 WALES 1. Anglesey 1 Bewmaris 1 2. Brecon 1 Town of Brecon 1 3. Cardigan 1 Town of Cardigan 1 4. Carmarthen 1 Town of Carmarthen 1 5. Carnarvan 1 Town of Carnarvan 1 6. Denbigh 1 Town of Denbigh 1 7. Flint 1 Town of Flint 1 8. Glamorgan 1 Town of Cardiff 1 9. Merioneth 1 10. Pembrook 1 Town of Haverford-west 1 Town of Pembrook 1 11. Montgomery 1 Town of Montgomery 1 12. Radnor 1 Town of Radnor 1 The Barons of the Cinque-Ports are at this Day only as Burgesses in Parliament yet they are still called Barons after the antient manner because heretofore they got Renown by their Exploits at Sea in defending the Kingdom in Memory whereof they have yet the priviledge to send Burgesses to bear the Cloth of State over the King's Head on the day of His Coronation and to Dine that Day in the King's presence The Writ or Summons to the Sheriff for Election of Members to Serve in the House of Commons runs to this purpose The KING to the Sheriff c. Greeting WHereas by the Advice and Assent of our Council for certain arduous and urgent Affairs concerning Vs the State and Defence of our Kingdom of England and the Church of England We have Ordamed a certain Parliament of Ours to be held at this Our City of the Day of next Ensuing and there to have Conference and to Treat with the Prelates Great Men and Peers of Our said Kingdom We command and strictly enjoyn you that making Proclamation at Our next County Court after the Receipt of this Our Writ to be holden the day and Place aforesaid you cause two Knights girt with Swords the most fit and discreet of the County aforesaid and of every City of that County two Citizens of every Burrough two Burgesses of the discreetest and most sufficient to be freely and indifferently chosen by them who shall be present at such Proclamation according to the Tenor of the Statutes in that Case made and provided and the Names of the said Knights Citizens and Burgesses so châ—sen to be inserted in certain Indentures to be then made between you and those that shall be present at such Election whether the Parties so Elected be present or absent and shall make them to come at the said Day and Place so that the said Knights for themselves and the County aforesaid and the Citizens and the Burgesses for themselves and the Commonalty of the said Cities and Boroughs may have severally from them full and sufficient Power to do and to consent to those things which then by the Favour of GOD shall happen to be Ordained by the Common Councel of Our said Kingdom concerning the businesses aforesaid so that the business may not by any means remain undone for want of such Power or by reason of the improvident Election of the foresaid Knights Citizens and Burgesses But we will not in any Case that you or any other Sheriff of Our said Kingdom shall be Elected and at the Day and Place aforesaid the said Election being made in a full County Court you shall certify without Delay unto Vs in Our Chancery under your Seal and the Seals of them who shall be present at the Election sending back unto Vs the other part of the Indenture aforesaid affixed to these presents together with the Writ Witness Our Self at c. The King is in the sence of Law the Fountain of Justice He is Lord Chief Justice of England and therefore all the Laws of the Realm are called His Laws for He is Caput principium finis Parliamenti that is the head beginning and end of Parliament and nothing can have the Force of a Law but what has His Royal Assent The highest Court of Judicature in England is the House of Lords in Parliament who are assisted with the most Grave and Eminent Lawyers of England both in Common and Civil Law who are only Ministerial there and have no Voices but to give their Opinions in matters of Law which become doubtful To the Judicature of this Supreme and most Honorable Court all other Courts and Persons that are Subjects of England are accountable for all Crimes not properly Tryable Remediable or Punishable in other inferiours Courts of Justice and to this Court all last Appeals are made from whose Sentence there lies no Appeal but to a succeeding Parliament and this Supreme Judicatory or Judicial Power lies only in the King and House of Lords and at the Bar of this High Court may the House of Commons as the Grand Inquest of the Nation Impeach the Highest Subject of England whether of the Clergy or of the Laity and prosecute them till it come to a Sentence All Members of Parliament both Lords and Commons that they may attend the publick Service of their Country are priviledged with their Menial Servants attending on their Persons together with all their necessary Goods brought along with them from all Attachments and Imprisonments for Debts Trespasses Account or Covenant all the time that they are on the way to the Place of Parliament all the time that they tarry there and return Eundo Morando ad propria redeundo but not from Arrests for Treason Felony or breach of the Peace The place of Meeting for this High and Honorable Assembly is in whatsoever City Town or House the King pleaseth but most usually at Westminster All the Lords Sit in a fair Room by themselves and the Commons not far from them in another Fair Room heretofore the antient Free Chappel of St. Stephen The King as oft as he comes which is usually at the opening of Parliaments passing of Bills or Solemn Debates is placed at the upper end of the Room in a Chair of State under a Cloth of State under which on either hand sit none but the King's Children On the King 's right hand is a Seat for the Prince of Wales on His left hand is a Seat for the Duke of York On the King 's right hand next the Wall are placed on a Form the two Archbishops next below on another Form the Bishops of London Durham and Winchester Upon other Forms on the same side the rest of the Bishops sit according to the Priority of their Consecration On the King 's left hand upon Forms are placed the Lord Chancellor Treasurer President of the King's Council the Lord Privy Seal if they are Barons above all Dukes except those of the Royal Family if they are not Barons then they Sit uppermost on the Wool-sacks On the same side Sit
Jurisdiction and power to Reform Annoyances and Offences there and to inflict due punishments upon the Offendors nor of the Nature of the Service to be by them performed in the Course of their Inquiry therefore he thought it convenient to make both the one and the other known unto them Hereupon he shewed them that the Jurisdiction of the Court of London in the River of Thames from Stanes Bridge Westward unto the points of the River next unto the Sea Eastward appeared to belong to the City in manner and form following I. First in point of Right by prescription as appears by an ancient Book called Dunâ—horp That Civitatis fundationis aedificationis constructionis causa erat Thamesis Flâ—vâ—us quorum vero Civitatis fluminis gubernationem tam duces Majores Custodes Vicecomites Aldr. Magnates Civitatis Memoratae hucusque obtinuerunt habuerunt Whence he inferr'd that the Government of the River hath belonged to the City time out of mind In 21. H. 3. Jorden Coventry one of the Sheriffs of the City was sent by the Mayor and Aldermen to remove certain Kiddles that Annoyed the Rivers of Thames and Medway who ultra Yenland versus mare did take divers persons that were Offenders and imprisoned them Whereupon complaint being made to the King he took the matter ill at the first and sent for the Lord Mayor and Citizens to Kennington Where upon hearing of the Matter before the said King the Cities Jurisdiction over the said River was set forth and allowed and the Complainants convinced and every one of them Amerced at 10 l. and the Amercements adjudged to the City And afterward their Nets were burnt by Judgment given by the Lord Mayor and Aldermen in the Hustings 1. R. 2. Writs were directed to the Sheriffs of Essex and Kent Reciting the Cities Title with Command not to suffer the Citizens of London to be molested contrary to the Liberties formerly granted and allowed unto them II. Secondly In point of Right by Allowance in Eire the Conservation of the Thames belongs to the City For it was produced that 1 R. 2. before Hugh Bigot Justice Iâ—enerant the Sheriffs and Citizens of London were called in Question for their Jurisdiction exercis'd on the Thames before whom it was found by a Jury in Southwark Quod nullus habet aliquid Juris in Thamisia usque ad Novum Gurgitem nisi Civis London In the 14 E. 2. The Constable of the Tower was Indicted by Divers Wards of London before the Justices in Eire at the Tower De muneris recep Cove pro Kedellis in Thamisiis Constabularius ad Kidellas respondet quod Justic non habent Jurisdictionem extra London prolitum inde cognoscere cum praedict Kidelli sunt in aliis Comitatibus Justic. dixerunt aqua Thamisiae pertinet ad Civitatem London usque Mare si velit respondeat Who then Pleaded Not Guilty III. He went further in point of Right that this Jurisdiction belonged to the City by antient Charters 8 R. 1. that is 480 and odd Years ago Dominus Richardus Rex Filius Regis Henrici secundi concessit firmiter praecepit ut omnes Kidelli qui sunt in Thamisia amoveantur ubicunque fuerint in Thamisia 1. Joh. Rex concessit firmiter praecepit ut omnes Kidelli qui sunt in Thamisia vel in Medway amoveantur ne caeteri Kidelli alicubi ponantur in Thamisia vel in Medway super forf 10 1. sterlingorum Then he urged the Famous Charter of King Henry the III. which ran thus Henry by the Grace of God King of England Lord of Ireland Duke of Normandy and Aquitain and Earl of Anjou unto all Archbishops Bishops Abbots Priors Earls Barons Justices Sheriffs Stewards Ministers and to all Bayliffs and to all his True Men Greeting wotteth well that we for the health of our Soul and the health of the Soul of King John our Fader and the Souls of our Ancestors and also for the Common profit of our City of London and of all our Realms have Granted and stedfastly Commanded That all the Weares that be in Thames or in Medway be done away and that from henceforth no Weares be set in Thames or Medway upon the forfeiture of 10 1. Also we claim quit to our Citizens of London all that that our Constable of our Tower of London was wont to take of the said Weares Wherefore we will and stedfastly Command that no Constable of the aforesaid Tower at any time from henceforth forward any thing ask nor any Grievance do to any of the same City by Eâ—cheson of the same Weares it is to us known enough and by our true Men do us to understand that most privacy and least profit might fall unto the same City and to the whole Realm by Enchesen of the same Weares which we make for ever firm and stable unto the same City as the Charter of our Lord King John our Fader which our Barons of London thereof have reasonably Witnessed Witnesses Eustace of London Peter of Westminster c. at Westminster the 18th of February in the Year of our Reign Eleven Besides these he produced divers others in this King ' s Reign to the purpose aforesaid and the 7th of E. III. IV. This Jurisdiction belongs to the City of London by Acts of Parliament W. 2. cap. 47. an 13. No Salmons to be taken from the Nativity of our Lady unto St. Martins Day in all points nor none to be taken in Mill-Pools from the midst of April until Midsummer under penalty for the first Offence of burning of Nets and Engines the second Offence Imprisonment for a Quarter of a Year the third Offence for a whole Year 13. R. II. confirms the restraint of taking Salmons in many Waters from the midst of April until Midsummer upon the same pain nor within that time to use any Nets called Stalkers nor any other Engine whereby the Fry may be destroyed He urged likewise 17 R. II. cap. 9. and the 11. H. VII cap. 15. 1 Eliz. cap. 17. Against Nets Wheeles and other Engines for destroying the Fish against killing of Salmon and Trouts out of season against killing Pike or Pickerel not ten Inches long or Salmon not 16 Inches long or Trout not 8 Inches long or Barbel 12 Inches and more nor to Fish with any Nets but such whereof every Meash or Mash shall be two Inches and a half broad Angling excepted This not to extend to Smelts Roches Minoes Bullhead Gudgeons or Eâ—les in place where the same have been used to be taken The Offender to lose for every Offence 20 â—s and the Fish also the unlawful Nets Engines and Instruments The Mayor of London Inter alia hath full Power and Authority by this Act to Inquire of all Offences Committed contrary thereunto by the Oaths of 12 Men or more and to Hear and Determine all and every the same and inflict Punishments and impose Fines accordingly V. He proceeds to assert the Cities
Right to the Conservation of the Thames and the Waters of Medway by way of Inquisition whereof there were two the one taken at Raynam in Essex the other at Gravesend in Kent before Sir William Cambridge Grocer then Lord Mayor of London 9 Henry V. where it was presented that whereas by the antient Ordinances of London the Meshes of Nets should be two Inches in the fore part and one Inch in the hinder part and it being found that the Offences according to the said Inquisitions are Contra libertates consuetudines Civitatis it was adjudged that the Nets should be burnt according to the antient Custom in that behalf provided VI. He goes on after to prove that this Right belongs to the City by Decrees In 8 Henry IV. the Mayor and Aldermen did exhibit their humble Petition to the King's Councel reciting that time out of mind they had the Conservation and Correction of the River of Thames of all Trincks Nets and other Engines whatsoever in the River of Thames and Medway placed and have used to make a Sub-Conservator under them and complaining that Alexander Bonner then Sub-Conservator having discharged his Duty in removing Kiddles he was ill intreated by the owners dwelling in Erith Bratriferry Barking Woolwich and other places in the Counties of Kent and Essex and upon hearing of the matter in Camera Stellata they were found Guilty and Constrained to submit themselves to the Lord Mayor and ordered to bring always their Nets unto him before they should use them and that the Kiddles then taken should be at the disposition of the Lord Mayor so the Offenders made their submission accordingly VII He proceeds This Right appertains to the City of London by Letters Patents which he proved by a Grant made by Edward IV. to the Earl of Pembroke for setting up a Wear in the River of Thames which Grant was Revoked and Cancelled at the Request of the Lord Mayor and Aldermen upon shewing their Right therefore alleaged it was contrary to their antient Liberties At which time the Cities Title to the Conservancy of the Thames and Medway was at large set forth and recited to have been shewn to the Lord Chancellor and to the said Earl and his Counsel which accordingly was also read VIII He reinforceth the Right of the City by Proclamations whereof one was made by H. VIII in the 34 of His Reign wherein it is affirmed that the Lord Mayor and his Predecessors have had by divers Grants of the Kings of England and by Acts of Parliaments enjoyed always the Conservacy of the Thames without Impediments or Interruption By which Proclamation it was Commanded that none should resist deny or impugne the Lord Mayor or his Deputy in doing or executing any thing that might conduce to the Conservacy of the River and of the Fish and Fry within the same IX He produceth Report for in a Controversie betwixt the Lord Admiral and the Lord Mayor for the Measuring of Coals and other things upon the Thames it then fell into Debate to whom the Conservacy of the Thames did belong which cause was referred by Queen ELIZABETH's Councel of State 1597 to the Attorney-General and Solicitor who joyntly Certified amongst other things that the Conservancy and care of the said River did and ought to belong to the City of London X. By quo Warranto it was proved that the Conservacy of the Thames belongs to the City for 3 Jac. a quo Warranto was brought against the City in the Exchequer to know by what Title She claimed the Conservacy of the River of Thames and the Waters of Medway whereupon the City made Her Title Good thereunto by antient prescription and otherwise so Judgment was given in Her Favour XI He goes on afterwards to confirm the Right of the City by Proof of Vsage in regard the Lord Mayor and Aldermen have time out of mind made Ordinances concerning the Good Government of the River of Thames as well for the Seasons and Manner of Fishing beneath London-bridge Eastward upon pain of certain Penalties as appears from time to time from the Reign of Henry III. and so downward The Lord Mayor hath removed Kiddles Wears Trinks and other unlawful Engines and reformed the disorders of such as have offended besides in the River of Thames and inflicted punishment upon Offenders accordingly The Right of the City appears also by the Writs and Preceps under the Teste of the Lord Mayor to the Sheriffs of Kent and Essex for the Returning of Juries before him to inquire of Offences done in the River The same Right of the City appears also by Commissions whereof divers have been directed to the Lord Mayor to put in Execution the Acts of Parliament made for Conservance of the Thames and Medway and to inquire of all Offences made or done in the said Waters and to punish the Deliaquents accordingly Lastly He makes good the Right and Title of the City by the Continual Claim She has made thereunto as appears in those various Contests She had with the Lord Admiral of England wherein after divers Debates and Disputes She still came off well and made Her Title good Which moved King Jamts in the third Year of His Reign to put a Final Determination to the Business by the Letters Patents he passed unto the City wherein he saith That ad omnem Controversiam in hac parte Temporibus tam presentibus quam futuris tollendam omne Dubium amo vendam that to cut off all Controversies as well of the present times as of Future and to remove all Doubts he did Confirm and Ratifie the said Right unto the City of London c. I. This Office of Conservator of so Noble a River is of great Extent for he is to preserve the Currency of the stream on the Banks on both sides II. To preserve the Fish and Fry within the same that no Fishermen use unlawful Nets or Engines or fish at Prohibited Seasons III. To hinder the erection of any Weares Kiddles or Engines and the knocking in of any Posts Piles or Stake which may in any sort hinder the Stream or Navigation and to pull them up if already done and punish the Offenders also to prevent all incroachments upon the Rivers and the Banks thereof likewise to inquire of all Bridges Flood-Gates Mill-dams and such like Annoyances and whether any do hurl in any Soyl Dust or Rubbish or other Filth whatsoever to choak her But for the strength and safety of the River against the Invasion of an Enemy by Block-Houses Forts Bastions or Castles and the securing of the Merchant and Navigation to and fro that Charge belongs to the Soveraign Prince The former Charge Care and Circumspection belongs properly to the City of London which is Seated in a fit place to be watchful over her for which Vigilance the Thames Rewards the City abundantly by bringing her in the Spices of the South the Jewels of the East and the Treasures of the
their time One may be a Freeman of London 1. By Seâ—vice as in case of Apprentiship 2. By Birth-right as being the Son of a Freeman 3. By Redemption by Order of the Court of Aldermâ—n For such as are made Free this way the Chamberlain of London is to set the Fines of such Redemptions He is to take Fines of such as are rebellious to their Masters or Guardians and for certain other Defaults c. To shew the Piety of the honourable Governours of this great City in ancient as well as modern times I shall produce the Instructions Recorded for the Apprentices of London out of Stow p. 668. Edit 1633. The Observation of which is heartily recommended to the Youth concern'd It is thus YOu shall constantly and Devoutly on your knees every day serve God Morning and Evening and make Conscience in the Due hearing of the Word Preached and endeavour the right practise thereof in your Life and Conversation You shall do diligent and faithful Service to your Master for the time of your Apprentiship and Deal truly in what you shall be trusted You shall often read over the Covenants of your Indenture and see and endeavour your self to perform the same to the uttermost of your power You shall avoid all evil Company and all occasions which may tend or draw you to the same and make speedy Return when you shall be sent of your Masters or Mistresses Errands You shall avoid Idleness and be ever Employed either for God's Service or in your Masters business You shall be of fair gentle and lowly speech and behaviour to all men and especially to all your Governours And according to your Carriage expect your Reward for Good or Ill from God and your Friends c. Of the Sheriffs Courts THere are two Courts of Sheriffs one for the Counter in Woodstreet and another for the Counter in the Poultry whereof there are two Lawyers as Judges well read in the Customs of the City as well as the Common-Laws but if an erroneous Judgment be given before the Sheriffs the party griev'd may sue a Writ of Error and remove it to the Hustings before the Mayor and Sheriffs if they yield no Redress then shall certain Justices be assigned by the King's Commission to sit at St. Martins le Grand by Nisi prius for to Redress the said Judgments and if there be default found in the the Mayor and Sheriffs they shall be punished for their Misprisions by the form contained in the Statute of 28 E. 3. c. 10. One taken in Execution in London upon a Condemnation in the Sheriffs Court and Removed by Habeas Corpus into the Kings-Bench shall be commited there in Execution for that Debt and having discharged all Causes in the Kings-Bench shall be remanded Then there is the Court of Sessions or Goal-Delivery held usually eight times a year at the Old-Bayly both for the City and Middlesex for the Tryal of Criminals whereof the Lord Mayor is the Chief Judge and hath the power of Reprieving condemned Persons The Prisons in London OF Ludgate we have spoken in the Section of Gates page 9. And of Newgate page 10. The Counter in the Poultry belongs to one of the Sheriffs of London and has been kept and continued there time out of mind The Counter in Woodstreet belongs also to one of the Sheriffs prepared to be a Prison-House Anno 1555. and on the 28 th of September that year the Prisoners that lay in the Counter in Breadstreet were removed to this Counter Both these Counters were burnt in the Year 1666 but Rebuilt since much more stately and Commodious than they were before There is also in the late Parish of St. Margaret Southwark a Prison called the Counter in Southwark c. The Fleet is also a Prison so called of the Fleet or Water running by it now made Navigable and called the Fleet-Dike There was also in Southwark a Prison called the Clink on the Banks-side also a Prison called the White-Lyon in Southwark so called because it was formerly an Inn with that Sign this being the appointed Goal for the County of Surry Stow p. 455. There are besides these two Prisons more in Southwark viz. The Kings-Bench and the Marshalsea which last belongs to the Marshals of England Lastly there is the Gate-House in Westminster a Prison likewise for Offenders c. Of the Watches in London To speak in general terms there cannot be found in the World more Regular Careful and Orderly Watches than are in this great City which indeed is very needful for where there is such a vast confluence of aâ—â— sorts of People it is of absolute necessity to keep diligent Watch to prevent Disorders and Mischiefs which else would happen William the Conquerour commanded that in every Town and Village a Bell call'd Curfew-Bell should be Nightly rung at Eight of the Clock and that all People should then put out their Fire and Candle and take their rest which Order was observed in his Reign and the Reign of William Rufus but Henry the First revoked that Order But Henry the Third Anno 1253. Commanded Watches in Cities and Burroughs to be kept in order to the preservation of Peace and Quietness amongst his Subjects c. There are in the Respective Streets convenient Stations for the Watchmen who are Citizens and obliged to perform that Duty in their turns with their Officers and are to Examine all persons that walk in unseasonable hours and to Apprehend Suspitious persons or such as are Riotous or otherwise mis-behave themselves and secure them At set and convenient times they appoint a Party to go their Rounds and to apprehend such as they find Tippling in Victualing-Houses at unseasonable hours or in Houses of ill-name or Night-walkers or any other persons wheresoever that are uncivil or cannot give a good account of themselves and the Reason of their being abroad and when any such are Apprehended they keep them all night in safe Custody on the Guard or send them to one of the Counters to be forth-coming before a Justice of the Peace the next day who deals with them according to the merit of their Cause By this means an Infinite deal of Evils as Murders Roberies Felonies Fires c. are prevented which would otherwise happen it being certain that in so great and populous a City amongst the many good People it cannot be avoided but that a great many wicked persons capable of the blackest Villanies do creep in as daily and sad experience shews Of the Military Government of London HAving Treated of the Ecclesiastical and Temporal Government of this Great City we will give some brief touches of its Military Government Ancient and Modern In the 23 of H. VIII 1532. At a General Muster in London were first taken the Names of all Men within this City and Liberties only which reach not far from the Walls from the Age of 16 to 60. Also the Number of all Harnesses and all