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
the midst of the shaft or spire and in the year 1462. this Steeple was repaired and the weather Cock again erected In the year 1561. the fourth of June betwixt the Hour of three and four of the Clock in the afternoon the great Spire of the Steeple of S. Pauls Church was fired by Lightning which brake forth as it seemed two or three yards beneath the foot of the Crosse and from thence it brent downeward the Spire to the Battlements stone worke and Bells so furiously that within the space of four hours the same Steeple with all the Roof of the Church were consumed After this mischance the Queens Majesty directed her Letters to the Lord Mayor willing him to take order for speedy repairing the same And she of her princely and gratious disposition for the furtherance thereof did presently give and deliver in gold 1000. marks with a warrant for a thousand Loads of Timber to be taken out of her woods or elsewhere Stow. The Citizens also gave first a great benevolence and after that 3. fifteens to be speedily paid The Clergy of England likewise within the Province of Canterbury granted the fourtieth part the value of their benefices charged with first fruits the thirtieth part of such as were not so charged but the Clergy of London Diocess granted the thirtieth part of such as paid their fruits Six Citizens of London and two Petty Canons of Pauls Church had charge to further and over see the work In the year 1650. c. It was made a stable for Horses and a Denn for Thieves and Rebells In the year 1666. it was burnt again to the ground together with all the City and there is now this being the year 1675. began the Foundation of a new Church of St Paul so that the foundation of this London Cathedral has been thrice laid God Speed the work SECT XII Of the distribution of this renowed City into parts and likewise of its extent AS for the Division of this City for the better Regiment thereof I shall vouch three several Authors viz. Sir Edward Coke Fitz-Sephen and Stow. 1. Sir Ed. Coke tells us Co. 4. Iust 249. that in this City there are twenty and six wards divided for the government of the Trenobants or Citizens of London amongst the 24. Aldermen of the City 2. Fitz-Steven saith that this City even as Rome is divided into wards It hath yearly Sheriffs instead of Consuls it hath the Dignity of Senators and Aldermen it hath under Officers and according to the Quality of Laws it hath several Courts and general Assemblies upon appointed daies 3. Stow informeth us that this City of London is divided into Wards or Aldermanries and the number of them in London were both before and in the Reign of H. 3. twenty four in all and in the year of Christ 1393. the 17. R. 2. Faringdon Ward which was then one entire Ward but mightily increased of buildings without the Gates was by Parliament appointed to be divided into twaine and have two Aldermen to wit Faringdon within and Faringdon without and so the number was 25. Moreover in the year 1550. the Lord Mayor Commonalty and Citizens of London purchasing the Liberties of the Borough of Southwarke appointed the same to be a Ward of London which in all arise to the number of 26. and 26. 4. E. 4.17 Cro. 3. pant Adams vers Hiske Aldermen of London Note the City of London is a County and every Ward is an hundred in the County and the Parishes are as Vills or Towns But note likewise Co. Litt. 109. b. that it is not necessary that a. City be a County of it selfe as Cambridge Ely Westminster c. are Cities but are no Counties of themselves but are part of the Counties where they be Thus much of the Division of this Metropolis I now proceed to shew 5. E. 4.1.41 E. 3.26.11 E. 4.5.26 Eliz. Dyer 38. Co lib. 7. Bulwers case what I have found in our books of Law touching the extent thereof It is said that London extendeth into 2. Counties London and Middlesex But sc London cannot joyn with Middlesex or with any County in Trial. 4. E. 4.17 Part of the Tower of London is within London but not within the Jurisdiction of it The ancient Wall of London saith Coke extendeth through the Tower of London and all that which is on the West part of the Wall Co. 3. Inst 136. Co. 4. Inst 251. is within the City of London viz. in the Parish of Barbing in the ward of the Tower of London and all that is on the East part of the Wall is in the County of Middlesex And this upon view and examination was found Mich. 13. Jac. Regis in the case of Sr Thomas Overbury who was poysoned in a Chamber in the Tower on the West part of that wall And therefore Weston the principal murderer was tryed before Commissioners of Oyer and terminer in London and so was Sr Gervais Elvis Lieutenant of the Tower as Accessary SECT XIII Of the reason why the Arch-Bishop of Canterbury never makes any visitation in London Diocess THe reason why the Arch-Bishop of Canterbury never makes any visitation in London Diocess appears in one Gobbets Case where it was said by Mr Justice Jones that he was informed by Doctor Ducke Chancellor of London that there hath been for a time a composition betwixt the Bishop of London and the Arch-Bishop of Canterbury that if any suit began before the Arch-Bishop it shall be alwaies permitted by the Bishop of London so as it is quasi a general Licence and so not sued there but with the Bishops assent and for that Reason the Arch-Bishop never makes any visitation in London Diocess Having hither-unto handled the Antiquity Walls River Bridge Gates the Cathedral Church the Division Extent c. of this most glorious and renowned City I am now to proceed to speak of its Magistrates and Officers of its Courts or Assemblies its Customs and lastly of the Franchises Liberties and singularities of this noble City SECT XIV Of the Magistrates and Officers of this Precellent City THe Governors and Chief Officers of this City are these sc The Lord Mayor the Aldermen the Recorder the Sheriffs the Chamberlain the common Clerk or Town Clerk the common Sergeant The Coroner the Escheater and Constable Of these in their order The Lord Mayor A Mayor of a Town is termed among the Latin Godw. Antiq. Lib. 3. sect 2. c. 4 c. 20. Praefectus Vrbis Praefectus annuus Urbis Praefectus Praetorio and Praetor quasi praeitor à praecunde vel à praeessendo quod aliis praesit vel quod praeiret populo Pomponius saith thus In Civitate Romae duo olim fuerint Praetores Vrbanus peregrinus qui peregrinorum causas agebat quorum hic Major unde Major dictus est ille Minor Praetor Vrbanus seu Major and Praetor peregrinus sive minor Vide more Godw. Ant.
House or other Means the prisoner may be out of view and although he fly into another County Co. lib. 31 Ridgewayes Case yet because the escape was of his owne wrong whereof he may not take advantage the Sheriff upon fresh suite may take him there and he shall be in execution Quaere 14. Whether a Sheriff upon a voluntary escape can retake his prisoner Cro. 2. part Whiting ver Reynel Co. lib. 3 â—ogtâ—ns Case lib 3. Ridgewayes Case Resp If the Sheriff or Bayliff voluntarily lets a Prisoner at large he cannot retake him as if a Sheriff assent that one who is in execution and under their Custody may go out of the Goal for a time and then to return yet although he return at the time it is an escape Quaere 15. Whether there may be an escape altho the party alwayes continues in prison Resp If a man be in prison upon two executions at the suit of two several persons Cro. 1. part Westly ve Skinner Co. lib. 3. Westbreys Case and then the old Sheriff delivers over this prison to the new Sheriff by indenture according to the usual course and in the said indenture maketh no mention of one of the said executions this omission shall be said an escape in Law instantly for which the old Sheriff shall answer although the execution was matter of Record whereof the new Sheriff might have taken notice so that you see a man may be said to escape notwithstanding he alwayes continues in prison Quaere 16. Whether the escape of one in execution be cause of discharge of the other Debtour Resp Where two are bound joyntly and severally in a bond and the obligee recovers against one of the obligors Cro. 3. f. 75. White Acres ver Hamkinson and has him in execution upon a Capias ad satisfac and then he escapes with the Sheriffs consent in this case altho he escaped by the voluntary permission of the Sheriff yet that shall not deprive the obligee of his remedy against the other obligor for an execution against one is no bar but that the obligee may sue the other obligor Execution without satisfaction being in Law not any bar vide Co. lib. 5. Blomfields case Cro. 1. part Blofields case Cro. 2. part Pendavis ver Kenshem 532. Qaerre 17. Whether the sale of goods upon a fieri facias by a Sheriff Cro. 2. part Ayre ver Aden Yelverton Reports Aire ver Aden after he is discharged of his Office be good Resp A Sheriff upon a fieri facias seised goods in his hands to the value of the debt and paid part of the debt the goods not being sold nor the writ returned the Sheriff was discharged of his Office and afterwards sold the Residue of the goods without any writ of Venditioni exponas and whether this sale were good or not was the Question and resolved that it was good for the writ of fieri facias gave authority to him to sell without any other writ and the sale by him after is good although he were discharged of his office Quaere 18. A Term sold by a Sheriff and after the Judgment reversed whether the party shall be restored to the Term or the money Co. lib. 8. Mannings Case Co. 1. Part. Ayre ver Woodfine R. If a Sheriff sell a Term upon a fieri fac and Judgment is reversed the sale shall stand and the party shall be restored only to the money and not to the Term. Quaere 19. Whether the Sheriff can be restrained by the King in any part of his Office Co. lib. 4. Mittons Case R. Though the King may determine the office ad bene placitum yet he cannot determine this in part as for one Town or Hundred nor abridge him of any Incident to his Office for the Office is entire and ought to continue so without any fraction ordiminution without it be by Parliament Quaere 20. Whether the Sheriff can abridge any part of his Under Sheriffs power in executing of process R. If a Sheriff will make an Under Sheriff provided Hobarts Reports Norton ver summe f. 13. that he shall not serve executions above 20. pound without his speciall warrant this proviso will be void for though he may choose not to make an Under Sheriff at all or may make him at his will and so remove him wholly yet he cannot leave an Under Sheriff and yet abridge his power no more then the King may in case of the Sheriff himself Quaere 21. Whether the Sheriffs Office be determined by the descent of a Barony Resp Sir Lewis Mordant being Sheriff of the Counties of Bucks and Bedford Cro. 1. part Sir Lewis Mordants Case 12. 13. the Lord Mordant his father dyed tempore parliamenti it was held by all the Justices the Atturney and the Solicitor of the Queen that his office by this matter is not determined although he be now a Baron of the Parliament and that he yet remaineth Sheriff ad voluntatem Reginae Hitherto touching Sheriffs in general throughout the Realm I proceed to speak more minutely of the Sheriffs of London And there are these things concerning them that deserve our special notice scil Their Antiquity Election Tenure of their office Fee-farme paid by them their Officers Direction of writs to them and their return of writs 1. Their Antiquity tempore H. 1. IN the Book of the Abbey of Ramsey to a Conveyance made in the Court of the Hustings of London of a certain house in Walbrock within the City between Wilcnothun de Wallroc Renaldum Abbatem de Ramsey the witnesses were amongst others Willielmus de Einsford Vice-Comes de London C. 4. Inst 248. Johannes sub Vice-Comes ejus Gervasius Clericus ejus More might be said of their Antiquity but it is clear that so long as this City hath been a County of it self so long there hath been Sheriffs for it cannot be a County without Sheriffs 2. Their Election The Sheriffs of London of old time were chosen out of the Commonalty Commoners Stow. and oftentimes never came to be Aldermen as many Aldermen were never Sheriffs and yet advanced to be Mayor but of late by occasion the Sheriffs have been made Aldermen before or presently after their Election Nicholas Faringdon sayes Stow was never Sheriff yet four times Mayor of this City and so of other which reproveth a By-word such a one will be Mayor or he be sheriff c. 3 The Tenure of their Office The Lord Mayor Co. 2. Inst 32.11 Eliz. Dyer f. 278. and Citizens of London have the shrievalty of London â—n see and the Sheriffs of London are Guardians under them and remoâ—eable from year to year 4. The Fee-Farme paid by the Citizens King John granted the Sheriffwicke of London Stow. and Middlesex to the Citizens of London as King H. I. before had done for the summe of 300. pound yearly which also is yet
paid by the City into the Exchequer until this day 5. Their Officers The Sheriffs of London in the year 1471. Stow. were appointed each of them to have sixteen Sergeants every Sergeant have his Yeoman And 6. Clerks viz. A secondary a Clerk of the Papers and four other Clerks besides the Under-sheriffs Clerks their Stewards Butlers Porters and other in Household many 6. The Direction of Writs to them Sciendum est sayes the book intitled Nat. Brevium quod quodlibet breve quod tangit liberum tenementum in London debet dirigi Majori vic London Sed omnia alia brevia quae sunt ad Communem legem in eadem Civitate debent dirigi vic tantummodo Every writ that touches Free-hold in London ought to be directed to the Lord Mayor and Sheriffs of London but all other writs which are ad Communem legem in the same City ought to be directed to the Sheriffs only One atteinted of Felony at New-gate for Felony committed in Middlesex Moores Reports 178. an 317. the Sheriff of London cannot deteine him in execution upon process unless the direction be to the Sheriff of Middlesex 7. Their Return of Writs In London every of the Sheriffs may arrest a man 30. H. 6.43 yet the Return shall be made in the name of both the Sheriffs The Court of Common pleas was of opinion that if one Sheriff of London make his return without his fellow Hobarts Rep. Lamb. vers Wiseman f. 70. that this would not be holpen by the Statute of Jeâ—ffayles as being no return at all or a return without the Sheriffs name subscribed because the Court knows that one Sheriff there is two persons Debt The process upon the Original were directed to the two Sheriffs of London Cro. 1. part Allen v. Sir Rob. Salisbury the writ was returned by two the one of them was Sheriff the other not And it was pray'd that it might be amended for it is apparent to the Court that it was the default of the Clerk in writing the names and the return by one Sheriff alone had been good and the Addition of a strang name thereto shall not make it ill and afterwards by advice of all the Justices it was amended Hitherto of the Sheriffs of London 5. Of the Chamberlain of London A Chamberlain of a City is termed among the Latins Quaestor Aerarius Aerarii praefectus Quaestor Urbanus and Camerarius The word Camerarius expresseth the function of this officer Chamberlain of a City for Camerarius dicitur a Camara Graec. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. fornix sive testudo a vaulted Roof or Arch quia praecipuè in Camaris fornicibus Thesaurus Civitatis reservari antiquitus solebat It seemeth saith one to be borrowed of the Fendists Zazins de Fendii part 4. nu 7. who define the word thus Camara est Locus in quem Thesaurus recolligitur vel Conclave in quo pecunia reservatur Another saith Peregrians de jure fisci lib. 6. tit 3. that Camerarius vel Camerlingus quem Quaestorem Antiqui appellarunt in rebus fisci primum locum tenet quia Thesaurarius Custos est publicae pecuntae Having given you the origination and description of the Chamberlain of a City or Town incorporated I shall speak a little of the Chamberlain of this most renowned City The Chamberlain is the person that hath the conservation and keeping of all the Lands moneys and goods of such Orphans as happen within the City And to that end he is deemed in the Law a sole corporation to him and his successors for Orphans and therefore a Bond or Recognizance made to him and his successors shall go to his successor This office of the Chamberlain of London seemeth not unlike to a publique Treasurer which collecteth the Customs money yearly revenues and all other payments belonging to the Corporation of this City In a word he receiveth all complaints made by Masters against their servants vice versa and affords Justice and Remedy to each of them 6. Of the Town Clerk THe Town-Clerk in Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is he who for his Ability and learning is entertained by the Lord Mayor Aldermen Commonalty of the City to keep the Books Rolls or other Records wherein are registered the acts and proceedings of the City He may be termed the Register Preignotary or Actuary of the famous City of London 7. Of the Common Serjeant THe Office of the Common Serjeant is as I am informed to attend the Lord Mayor and Court of Aldermen on Court dayes To be a Council with them on all occasions within or without the precincts of this City To take care of Orphans Estates either by taking the account of them or to sign their Inventories before the passing of them by the Lord Mayor and Court of Aldermen Also this same Officer is to let set or otherwise dispose of their Estates as he shall deem to be most beneficial to the interests of Orphans 8. Of the Deputy Coroner THe Lord Mayor being according to the Custome of the City perpetual Coroner doth always constitute a Deputy that acts for his Lordship even as Coroners do in the several Counties throughout England Now touching Coroner are worthy of Observation these particulars following sc 1. The Etymology of the word Coroner Coroner in Latin Coronator is derived à Corona Co. 4. Inst 271. Co. 2. Inst 31. so called because he deals principally with pleas of the Crown or matters appertaining to the Imperial Crown of England 2. His Antiquity As for his Antiquity we shall find that Coroners were in the dayes oâ— King Alfred Mirror c. 1. nu 3. as appears in the Book Intituled The Mirror where it is said Auxi ordains faer Coronours en chesum County c. 3. His Election He is eligible by the Free holders of the County Co. 4. Inst 27â— Co. 2. Inst 174 558 559. and so continues to this day as of ancient time the Sheriff and Conservators of the Peace were because the People had an Interest and safety in the due execution of their Offices and so long as they were eligible they continued notwithstanding the Demise of the King as the Coroner doth at this day 4. His Dignity Of ancient time this Office was of great estimation Co. 4. Inst 271. for none could have â—it under the degree of a Knight 5. His Qualifications It is requisite that a Coroner should have five Qualities Co. 2. Inst fol. 174. 1. That he should be Probus homo 2. Lawful i. e. Legalis homo 3. Of sufficient Understanding and Knowledge 4. Of good ability and power to execute his Office according to his knowledge 5. And lastly Of Diligence and Intendance for the due Execution of the said Office 6. His Fees 3. E 3. Coron 372. A Coroner received a penny of every Visue when they come before the Judges in Eyre as belonging to his Office By the Statute
prescription for a Court of Equity cannot be had by the Kings Grant or Letters patents as appears by our books and therefore it must be by one of the former wayes and my Lord Hobart in the Case Co. 4. Inst 248 87 97. 121 Hobarts Reports Martin ver Marshal Kerb f 63. betwixt Martin and Marshal tells us that London and the Cinque Ports have Acts of Parliament for their Courts of Equity But Chester and Durham by prescription 4. Of the Court of the Lord Mayor and Aldermen The Court of the Lord Mayor and Aldermen is a Court of Record and consisteth of the Lord Mayor the Recorder and Aldermen whereof the two Sheriffs being Aldermen are part This Court principally was instituted amongst other Causes for the redressing and correcting the Errours Defaults and misprisions which be used in the City of London In this Court are comprehended several other Courts as namely 1. The Court of Orphans 2. The Court of Ward-mote 3. The Court of Hull-mote 4. The Court of the Conservation of the Water and River of Thames 5. The Court of the Coroner in London 6. The Court of Escheatour in London 7. The Court of Policies and Assurances in London 8. The Court of the Tower of London 9. The Court of Common Councill wherein are enacted Constitutions and Laws for the advancement of Trade and Traffique And lastly the Court of the Chamberlain for Apprentices which concerneth the making Free of Apprentices touching which Freedom I shall present to the Reader what I have met with in the Books of the Common and Roman Laws The Common Law One may be a Freeman of London three manner of wayes viz. Co. lib. 8. le Case of London Co. 4. Inst 250. Bustrods Reports 2. part Allen ver Tooly 1. By service as in the Case of Apprenticeship 2. By Birth-Right the Son of a Freeman 3. By Redemption by order of the Court of Aldermen So the Freedom of the City of Rome was three wayes obteined scil The Civil Law 1. By Manumission which was thus when as a Servant was presented by his Master before the Consul or Praetor Godwins Antiq Lib. 1. sect 2. c. 6. lib. 3. sect 4. c. 4 de jure civium Romanorum the Master laying his hand upon his Servants head used this form of words Hunc liberum esse volo and with that turning his Servant round and giving him a Cuff on the ear he did emittere Servum è manu the Praetor then laying a certain Wand or Rod called Vindicta upon the Servants head replyed in this manner Dico eum Liberum esse more Quiritum Then the Lictor or Sergeant taking the Wand did strike therewith the Servant on the head and with his hand struck him on the face and gave him a push on the back and after this he was registred for a Freeman 2. By Birth both or at least one of the Parents being Free Municipium aut nativitas facit aut manumissio aut adoptio D. 50.1.1 and such where called Cives Originarii or Cives nati 3. By Gift and Cooptation when the Freedome was bestowed on any Stranger or Nation and they were termed Civitate donati and so we read that Caesar took in whole nations into the Freedom that is they had the Roman Priviledges So saith Philo of Agrippa 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 He gave the Priviledges of the Roman Citizenship to whole Countreys of some of his Friends Hence is it that Cicero tells us Omnibus municipibus duas esse patrias Lib. 2. de Legibus unam naturae Alteram Juris Catonis exemplo qui Tusculi natus in populi Romani societatem susceptus est Thus much of the several Courrs that are within the verge of this most noble City of London I come now to the Customs of the same place of which I shall present but very few in this Treatise and my Reason is because I have written already of the Customs appertaining to this City in a Tract called Speculam Juris Anglicani lately exposed to the publique view SECT XVI Of the Customs of the renowed City of London OF the Customs of this City some have been approved of in the Courts at Westminster and some disallowed because of their unreasonabless Customs allowed at the Courts of Westminster are such as these following 1. Customs allowed It s a Custom of London More Reports Watbrooke ver Griffith num 1229. Bulstrods Reports 1. part Mosse vers Townesend That in Case a horse at an Inn eats more then he is worth the same may be praised by the next Neigbour and sold for the payment of the money It s a Custom of London to have Dyer 257.370 Plegiis acquietandis sans fait A Custom of London to make Ordinances and by Laws It s a Custom of the City Pasch 15. Car. in B. R. Marsh 15. That the Lord Mayor may appoint a Citizen a place in which he may erect his Taverne By the Custom of London in every shop there is a Market all the dayes of the Week saving Sundayes and Holy dayes 5. E. 4.30 By the Custom of London if a Debtour become fugitive he may be arrested before the day of payment Co. lib. 8.5 Smellings case It is a Custom of the City that if one Citizen be indebted to another in a single Contract it shall be equal to an obligation 21. H. 7 18. a. It s a Custom that a Feme Covert sole Merchant shall be impleaded and implead without her husband Thus much for Customs allowed in the Courts at Westminster 2. Customs Dissallowed Customs of London pleaded and disallowed by the Judges are such these Plowd Com. 243. b. 35 H. 6.25 b. Davys Reports 33. b. le Case de Tanistry A Custom of London pleaded that he to whom goods are pledged shall reteine them Cujuscunque fuerint till he be satisfied of the sum for which they were pledged this Custom was not held good for this Custom shall not bind the King or his goods that were pledged by a Stranges A Custom of London to make Corporations was held void 29. Ass pl. 8. le case de Whiâ—tawers for the King only may do it by his prerogative Custom of London for an Abuse offered to an Alderman opon the Exchange and commited thereupon Cro. 1. part Deans Case 689. is not good Debt for an Escape and the party counts that whereas he had a Judgement in Debt against one in London and a Capias ad satisfac against him upon a non est inventus was returned Cro. 1. part Devered vers Ratcliff Sheriff of London for which one of his suretyes being in Prison thereupon a plaint under the Custody of the Defendant was deteined in execution secundum Consuetudinem Civitatis praedict and after he escaped c. upon this the Defendant demurred And one of the Causes of this Demurrer was that the Custom
Charter the soyle and ground of the River of Thames granted to them by vertue of which grant the City at this day receive Rents of them that six posts or make wharses or other Buildings upon the soyle of the said River Davys Reports le case de Royal Pischary Priviledge 25. Lands c. in South-wark In the year 1550. King E. 6. granted to the Mayor and Commonalty all his Lands and Tenements in Southwark except and reserved the Capital Messuage two Mansions called Southwark place and all the gardens and Lands to the same appertaining the Park and Messuage called the Antelope He gave them the Lordship and Mannor of Southwark with all members Rights thereof late pertaining to the Monastery of Bermondsey All messuages places buildings Rents Courts waifs and strayes to the same pertaining in the County of Surry He granted to them in and through the Borough and Town of Southwark and in all the parishes of St Savior St Olave and St George and the Parish of St. Thomas Hospital and elsewhere in the said Town and Borough of Southwark and Kentish street Bermondsey street in the Parish of Newington all waifs and strays Treasure Trove all felons goods c. within the Parishes and precincts aforesaid c. The Return of writs processes and warrants c. Together with a Fair in the whole Town for three dayes with a Court of Pypowders a view of frankepledg with Attachents Arrests c. Also to arrest all felons other Malefactors within their precinct and send them to ward and to New-gate Stow. Priviledge 26. Bridewell In the year 1553. Ed. 6. gave unto the Lord Mayor Commonalty and Citizens his house of Brid-well and 700. marks Land late of the possessions of the house of the Savoy and all the Bedding and other furnitute of the said Hospital of the Savoy towards the maintenance of the said work-house of Brid-well and the Hospital of St. Thomas in Southwark Stow. Priviledge 27. King John gave the City of London Authority Sheriffs to chuse and deprive their Sheriffs at their pleasure Stow. Priviledge 28. The Citizens of London are by a Charter of King Ed. 3. excepted from paying of prisage Prisage Touching this Franchise or Liberty of Prisage I shall present to the Reader these resolutions shewing who shall be a reputed Citizen and who not as to the being exempted of paying Prisage A Question was in the Court of Exchequer 44. Eliz. If a Citizen of London that had not a family and did not pay Scot and Lot but sojourne in another house shall have the benefit of the Kings Charter In the argument of the case Coke then Atturney General put this difference of Citizens viz. That there was A Citizen Nomine Re. Re nomine It was said that a Citizen Re nomine He that is a Freeman of London and an Inhabitant and one that paid Scot and Lot there shall be discharged of prisage by the said Charter c. Davys Reports le Case de Customs f. 10. b. He that is to have benefit and advantage of this Charter ought to be integre Civis and an intire Citizen as it was adjudged in 4. H. 6. in one Knowls case a Citizen and Free-Grocer of London removed his house-hold cum pannis and did dwell at Bristol but yet kept his shop at London and he having a ship laden with wines which was unladen in the port of London would have had the benefit of this Charter of discharge of prisage But it was ruled against him for that he was not such a Citizen as was capable of this discharge for that he ought to be Civis Incola Commorans 4. H. 6. Knowls Case 14. H. 6. c. A private Act of Parliament Complaint was made that the Lord Mayor would make strangers Citizens it was there declared that this benefit to be discharged from payment of prisage did not extend unto such Citizens as were Dotati made free but unto those Citizens only which are Commorant Incolant and Resiant within the City A person disfranchised before the arrival of his ship shall lose the benefit of prisage he was intitled to at the lading and a person made free after the lading shall have the benefit of discharge Bulstrodes Reports 3. part The King and Sir Thomas Waller vers Francis Hanger A Woman cannot be capable of this Immunity though a Citizen to what end say I She cannot bear Civilia or publicae onera of the City she cannot doe any thing for the benefit of the City she cannot perform Watch and Ward she can bear no office in the City neither can she be of any of the Companies she cannot be an Attorney she may be a Free-Woman but this is only to have her will as many so have but to no other purpose Thus much of the Franchises granted to the Londoners by Charters Royal and such as are allowed to be good agreable to the Laws of England I shall now put a Case or two of such singularities or Priviledges as have been adjudged to be contrary to the freedom of the subject and consequentially the Kings grants are deemed void in Law King H. 6. granted to the Corporation of Dyers within London power to search c. and if they found any Cloth died with Logge wood that the Cloth should be forfeit and it was adjudged this Charter concerning the forfeiture was against the Law of the Land For no forfeiture can grow by Letters Patent Co. lib. 8. Trin. 41. Eliz. f. 125. le Case de Londres So the Company of Merchant Taylots of England having power by their Charter to make Ordinances made an Ordinance Co. 2. Inst 47. Tr. 41. Eliz. coram Rege â—ot 92. in Tr. inter Davent Hurdes that every Brother of the same Society should put the one half of his Clothes to be dressed by some Cloth-worker free of the same Company upon pain to forfeit 10 s. c. and it was adjudged that this Ordinance was against Law because it was against the Liberty of the Subject for every subject hath freedom to put his Clothes to be dressed by whom he will sic de similibus And so it is if such or the like grant had been made by his Letters Patents So if a grant should be made to a Londoner to have the sole making of Cards Trin. 44. Eliz. Coram Rege Co. lib. 11 fol. 84. 85 c. Edward Darries Case or the sole dealing with any other Trade that grant is against the Liberty and freedom of the Subject that before did or lawfully might have used that trade and consequently is against the Great Charter of England Hitherto of franchises granted by the Charters of the Kings of England we proceed to those that have been given to the Citizens of London by our Kings in their several Parliaments 2. Of the Franchises Liberties or Singularities which the Londoners have obtained from the favor of our
Kings in the high Court of Parliament Singularity 1. King Athelstan in his Laws or 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