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A69725 The liberties, usages, and customes of the city of London confirmed by especiall acts of Parliament, with the time of their confirmation : also divers ample, and most beneficiall charters, granted by King Henry the 6, King Edward the 4, and King Henrie the 7th, not confirmed by Parliament as the other charters were, and where to find every particular grant and confirmation at large / collected by Sir Henry Colthrop, Knight, ... Calthrop, Henry, Sir, 1586-1637.; Carpenter, John, 1370?-1441? 1642 (1642) Wing C308; ESTC R14680 13,641 30

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and elected in such sort as they were appointed by the ancient Charter and in no otherwise Escheator That no Escheator or other Minister of the King shall exercise their Offices within the City but that the Major for the time being shall be Escheator and he shal yeeld unto the King his Oath that he shall duly exercise and make a true accompt for the same Office lib. alb. fol. 4. a. 1. E. 1. Expostion If any difficulty or ambiguity do arise upon any Article within any of the Kings Charters granted unto this City so that the same Article may be taken to divers meanings the King granteth that he by the advisement of his Counsell may make therof such interpretation as shall be best with equity and reason lib. alb. 44. ab 10. R. 2. Fellons goods That the Citizens shall have Infangtheff and Outfangtheff and the goods of all Fellons that shall be adjudged before them within their liberties there lib. alb. fol. 39. b. 1. E 2. Fee Farme Where the Counties of London and Middlesex were let to Farm for 300. l. and yet notwithstanding the office of the Exchequer by incrochment compelled them to pay 400. l. Now it is granted by Parliament that the City shall pay no more but 300. l. according to their former Charters lib. albo fol. 39. b. 1. E. 1. Fee Farm apportioned If the King do grant to any other any thing that belongeth to the Fee Farm then shall the Fee Farm for so much yearly be apportioned and abated at the Exchequer fol 34. lib. albo 11. Hen. 3. Fee Farm of London and Middlesex The Fee Farm of London and Middlesex that is to say for 300. l. by the year is granted to the Citizens of London by 11. Hen. 3. and confirmed by Parliament in the 7. R. 2. lib. albo fol. 34. a. b. and fol. 45. a lib. 4. Farm bought and Farm sold The Statute of Anno 9. E 3. cap. 1. Rastall Tile Merchants No 2. is for asmuch as concerneth London expounded and repealed and the liberties of Magna Charta as touching London are revived and the intent of the Law-makers expounded was not to touch London nor yet infringe the Liberties of the great Charter lib. alb. 41. a. b. the aforesaid statute Anno 9. E. 3. hath bin very often objected against the City of London in Parliaments by such as are ignorant of our Charters and Statutes vide alib lib alb. flo 43. a. b. a notable Grant by Parliament for the same matter Foren bought and Foren sold No stranger shall Foren buy and Foren sell within this City any Statute to the contrary notwithstanding lib. alb. fol. 57. b. and per Parliament Foren bought and Foren sold Both by Charter and Parliament it is granted that from henceforth no Merchant being a stranger to the liberties of this City shall buy or sell any Merchandize within the liberties of this City to any like stranger Merchant upon the pain of Forfeitures of such Merchandizes so bought or sold lib. alb. f. 43. a b. 1. R. 2. Forest of Middlesex dissaforested King Henry 3. Anno 11. Regni sui did by his Charter dissaforest the Warren of Stanes and the Forrest of Middlesex the which was a singular benefit both to the Country and also for the City Note also in the same place a man may gather some notable points touching the Forest Law lib. alb. fol. 35. b c. Forfeiture or seisure of the liberties of the City That the liberty of the City shall not be seized in the Kings hands for any personall trespasse or judgment personall of any minister of the City or for any such cause any Warden called Custos shall be by the King Deputed to rule the City but every minister shall answer for his own fault and shall according to the quantity and quality of the same fault receive condigne punishment lib. albo fol. 40. b 1. E. 3. Form of Iustice That the Citisens of London in the Eyres before the Justices of the tower shall be measured guided and go●erned by the laws and customes by the which they were guided in the Eires holden there in the times of King Iohn and King Henry the 3. lib. alb. f. 40. b. 1. E. 3. Fore-Stallers Fore-stallers and Fore-stalments made by the merchants for or concerning merchandize or victuals either by land or by water shall be punished by forfeiture or imprisonment lib. albo 36. b 50. H. 3. Free-men and making Free-men No stranger born shall be made free of this City but in the Court of Hustings lib. albo fol. 37. b 12. H. 3. How free Denizens and Englishmen that never were Apprenties shall be made free and how every one ought to put in for himself sufficient sureties to be true to the conservation of the city but this Order is not used at this day therfore I omit to speak any more of it in this place and yet is this Form of making Free-men by redemption appointed by Parliament lib. al. fol. 37 b 12 Henry 3. Hunting The Citizens of London may have their sugations viz. their Hunting in all such places as they had the same in the time of King Henrie 1. lib. alb. fol. 35 b 11. Henrie 3. Hustings That aswell Forreiners as others being either plaintiffs or defendants may make their Attorneys in the Hustings in London lib. al f 36 b. 60 Henrie 3. The Hustings shall be holden but once in a week lib. al 35 11. Henrie 3. Inquisitions All Inquisitions to be taken before the Kings Ministers by men of this City shall bee taken at S. Martins Le-grand and not else-where except the Inquisitions of the Eires of the Tower and Goal-delivery of New-gate lib. al 41 a. 1. E. 3. All Inquisitions of the Customable payments Customes Impositions and Purprestutes within the City shall be inquired of the Citisens and not by others see the words of Record more at large lib. al. 45 b c. 7. R. 2. See the Statute of 28. E. 3. Cap. 10. Iurisdiction of Pleas No Citizen shall be impleaded out of the walles of the City of London but for pleas of the Land being without the city alwayes excepted the Moniers and the Kings Ministers lib al. f. 35. a 11. H. 3. Inquisitions of the Goal of New-gate That the Major of London for the time being shall in every Commission for the Goale delivery of New-Gate be named one of the Justices lib. al. f. 39 b. 1. E 1. Iustices in London The King is restrained by his Charter confirmed by Parliament to assign any Justices in London except the Justices of Eire at the Tower of London and Justices of Goal delivery of New-Gate and for errors at S. Martins to be corrected except any things do chance within the same city that do touch the King or his Heirs lib. al 37 a. 12. Henry 3. Kiddles viz. wares It is granted that all the wears of the Thames and Medway shall be put down And he that setteth up any hereafter
as to his Sheriffedome do appertain lib. al. fol. 34. a b. 11 Henry 3. Processe and serving of Processe That no Sommons Attachment or Execution by any of the Kings Ministers by writ or without writ within the Libertie of the city aforesaid shall be made but by the only Ministers of the city lib. albo 40 b. 1. E. 1. Protections The King granteth that all the Protections of him and his Heires given to and for the service of the KING either to go forth or to abide in any places of the Kings service from henceforth shall take no place in any plea of debt for any victuals taken or bought for the voyage or service wherof any mention is made in any such protection nor any such protection shall be allowed for any pleas of trespasses or contracts made or done after the date of such protection in such case as the plaintiffe is or shall be a Freeman of this city lib. albo f. 44. Anno primo R. 2. Purveyors That no Purveyor-taker Officers or other Ministers shall make or take any prise or takings in the City of London or without of the goods of any Citizen of the same city against their wills except immediatly their indelayed payment be made or else that respect of payment be therfore taken with the good will of the party lib allbo 40 b. 1. E. 3. Purveyors or Officers of the King It is prohibited that no Officer or Purveyor of the King shall merchandize by himself or by other within the said city or without of any thing touching or concerning his office lib. albo fol. 40 b. 1. E. 3. Remember how the Purveyours of poultry do keep shops in London and nothing is said against them Restitution There is a free restitution granted aswell by Chartèr as by Parliament unto the Citizens of London of all and singular their Liberties and Franchises as ever any of their predecessors enjoyed the same any Non-user or Abuser or Statute-judgment or Charter to the contrary notwithstanding And that the same Citizens may enjoy the same without impeachment of the King his Justices or Ministers whatsoever lib. albo 40. 7. R. 2. Right That equall might be done both for lands and Leases that be within the City viz. infraurbem according to the ancient custome of the city lib. albo 35 1 Henry 3. Right owner Every Rightfull owner of Lands Leases Gages pledges and debts shall enjoy the same lawfully lib. albo 35 a. 11. H. 3. Sanctuaries That the Citisens shall not be otherwise charged then they have bin accustomed touching the scapes of such as have taken Sanctuary in the Church or Church-yards lib. alb. f. 39. b. St. Pauls There is 8. l. parcell of the Fee-Farme abated to the City for the liberty of St. Pauls in London lib. albo f. 36. a 37 H. 3. Scot and Lot That Freemen within the City as such as dwell without the City and occupie Merchandize within the city shall be subject to Scot and Lot with the Commons of the same city for and touching c lib. alb. fol. 38 a. 11. Henrie the third Seals of the King There doth appear 11. Hen. 3. that in a Charter made for the putting down of Kiddles or ware s. that the King did set his hand to the Charter and also his Seal the which I did never hear nor reade of in any book before this time the words are these Quod ut firmum stabile perseveret imperpuum putis pagine inscriptio Commun. c. lib. albo fol. 35 a 11. H. 3. Seal of the City The common Seal of this City shall remain in the custody of two Aldermen and two Commoners and the same Seal shal not be denyed neither to the poor nor to the rich Commoner when need shall require provided that such request shall be upon reasonable causes and that nothing shall be taken for the setting of the same Seal thereto lib. alb. f. 38 a. 12. H. 3. Sergeants at the Chamber That no Sergeant of the chamber of Guild-hall shall have any fee of the Commonalty of the city nor shall make any execution but only by the Commons of the city for that purpose to be chosen lib. alb. fol. b. 12. H. 7. Sergeants at the Mase For the augmentation of the name and honour of t●● city it is granted that our Sergeants shall and may bear and carry maces of gold of silver or guilded of silver with the Kings Arms upon the same within the city and Middlesex and all other places belonging to the same city and also when they be sent to the King his mother or children lib. alb. fol. 42. a. 28. E. 3. Sheriffes The Sheriffes of London shall not be distreined to make an Oath at the Exchequer but only upon the yeelding up their accompt lib. alb. fol. 40 a. 1. E. 1. That none of the Sheriffes shall have but 7. Clerks and two Sergeants by reason of his Office Sheriffes and their Elections It is granted to the Citizens of London to make Elections of their Sheriffes and after to remove them at their pleasures Anno 11. Hen. 3. lib. al. fol. 34. a. b. Sherffe That the Sheriffe of London shall be amerced in the Kings Court according to the quantity of their offence like as all other Sheriffs of England have bin lib. alb. fol. 31. a lib. 1. 12. Edw. 3. Sheriffe That the Sheriffe for the time being shall commit the collection of tolls and customes belonging to the Fee Farm and all publique offices to them belonging and by them to be exercised unto sufficient persons for whom they will answer and that such Officers as they shall appoint shall be removed upon their misbehavior lib. alb. fol. 30. Anno 12. Hen. 3. Sheriffes That the Sheriffes of this city for the time being shall have towards the Farm of the same city the full forfeiture of victuals and other things And also of Merchandizes after the tenor of the Charters to the Citizens granted and made And that from henceforth the Sheriffes shall not be hindred or molested for the same against the tenor of the same Charters lib. alb. fol. 40. b. 1. E. 1. Southwarke The town of Southwarck is granted for a Fee Farme unto the city to the intent to conserve the peace of the same town and to suppresse Fellons in that place And this is by Act of Parliament and Charter lib. alb. 41. a. 1. E. 3. Subsidies Tallages or Aids That those that be assessed according to the Custome of the city by men of their wards appointed to bee Sessors by the Major and Aldermen or by others to pay any tallage or Aid to the King shall not be set higher but by the Major and Commons lib. alb. fol. 37. b. 12. Hen. 3. Successors in London The habend of the Fee Farm of London and Middlesex is to the Citisens and their heirs And yet it is taken that these words heirs do signifie their successours lib. alb. fol. 34 a b 11.
THE LIBERTIES USAGES AND CUSTOMES OF THE CITY OF LONDON CONfirmed by especiall Acts of Parliament with the time of their Confirmation ALSO Divers ample and most beneficiall Charters granted by King Henry the 6. King Edward the 4. and King Henrie the 7th not confirmed by Parliament as the other Charters were And where to find every particular Grant and Confirmation at large Collected by Sir Henry Colthrop Knight sometime Recorder of London for his private use And now published for the good and benefit of this Honourable City LONDON Printed by B. Alsop for Nicholas Vavasour and are to be sold at his shop in the Inner-Temple MDCXLII THE LIBERTIES Usages and Customes of the City of LONDON All the Liberties Usages and Custome hereafter following are confined by an especiall Act of Parliament at Westminster Anno Septimo Regni Regis R. 2. albo libro 43. a. Abrokers THat the Abrokers of any Merchandize in this City shall not be except the same be chosen by Marchants of the mistery in which the same Ab-brokers shal have there exercise of their office and the same Abrokers also to be sworn before the Lord Major of the City of London libro albo 38. a. 12. H. 3. Abrokecators or Brokers Abrokecators or Brokers Brokers are to be chosen by Merchants of their own misteries and they shall take their Oath before the Major of London lib albo fol 570. b. 3. E. 3. per Charter Parliament Acquittances of Murder The Citizens are acquitted as well for any murder committed within the City as within the Portsoken viz they shall not be amerced as they have bin in old time if the murderer did escape fol. 35. albo lib. 11. H. 3. so that the statutes of English shere Anno 14. E. 3. Cap 4. Acquittances That the Citizens of London shall be for ever acquitted of pavage portage and murrage through all the Kings Dominions lib. alb. fol. 36. b c. Anno 12. H. 3. Aldermen and their election Upon the Feast day of S. Gregorie yearly shall every Alderman be removed from their place and new in their place shall be chosen lib alb fol. 42. a. b. 50 E. 3. note that this is changed since by Act of Parliament Aldermens goods That Aldermens goods shall be taxed in Aids tallages or other contributions amongst other mens goods lib. alb. f. 36 b. Allowance of Liberties It shall suffice that one Writ in one Kings time shall serve in the Kings Exchequer and in all other places for the allowance of the Liberties lib. alb. f 4. b 1. E 1. Learn for what cause at every change the City is put to so great charges as to procure a new Confirmation I think it be only for the profit of Chancery men Amerciaments The Sheriffe shall not be amerced for any offence above 20. l. lib. alb. f. 34. Anno 11. H. 3. That the Sheriffes of London shall not be charged or amerced for escape of any Fellon but as other Sheriffes have used on this side Trent lib alb f. 39. b. 1. E. 1. None shall be otherwise amerced but according to Law used in the time of H. 1. lib. alb. f. 35. 11. H. 3. Aids and Contributions That the Citizens of London in all Aids Grants and Contributions to the Kings use shall be taxed and contribute with the Commonalty of England as men of the Counties and not as men of Cities and Burrowes and that they shall be free from all other tallages and thereof cleerly acquitted lib al. f. 40. 1. E. 1. Bakers and Millers THere is a Statute in French granted by the King for the punishment of Bakers and millers and tryed by weight whether the millers do deceive the Owners of the corn and that ob to be yeelded for every quarter of corn that is ground lib. al. f. 42 b c 1. E. 1. Battaile A Citizen shall not be enforced to wage Battaile nor shall in the pleas of Crown be tryed by any other Order but only according to the ancient Custome of the City lib. al fol. 35 Anno 11 H. 3. Bean-pleader None shall be amerced for mispleading the which the Book calleth misk●nning li al. f. 35 11 H. 3. Bridgemasters The Bridgmasters shall be chosen by the Commons ther must be but two and they must be approved sufficient men of the City being no Aldermen lib al. fol. 38. 12 Hen. 3. Buttlerage And of the Wines of the Citizens no prizes or takings shall bee had or made by any of the Kings Ministers of their heirs or of any other against their will that is to wit of one run before the mast and of any other tun behind the mast nor in any other manner but they shall be therof acquitted for ever br alb. fol. 40. lib. 1. E. 3. Ceritorary or writ of Priviledge Note that the King chargeth his Treasurer and the Barons of the Exchequer and other his Ministers of the same Court that from hence forth the Kings Writ shall not be granted to remove the body of any imprisoned in the Goal of Newgate or else-where within the liberties of the City of London for debts or damages in any action adjudged to any Citizen to answer to the King or other in the said Court of Exchequer for the Kings debt or for the debt of any of the Ministers of the said Exchequer except the said Barons do first find the said Action to be feigned or untrue lib. alb. fol. 44. Anno 1. R. 2. Chamberlain Town-clerk and common Sergeant That these three Offices are eligible and removable by the Commons and at the will of the Commons lib. albo fol. 38. b. 12. Hen. 3. Colouring of strangers goods That Citizen which coloureth strangers goods shall lose his Freedome lib alb fol. 37. b. c. 12. Hen. 3. Confirmation All the aforesaid Liberties are confirmed by Act of Parliament and by Charter lib. alb. fol. 36. Anno. 5. E. 3. Corporation of London In the 11. year of King Hen. 3. he granted unto the Citizens of London the Counties of London and Middlesex in Fee Farm Note that the Grant was made unto the Citizens only and not to the Major and Citizens and Commonalty of London as the usage is at this day but this maketh no doubt because the Charter is confirmed by Parliament the 21. of November in the 5. year of the King N. 2. lib. alb. 34. a. b. fol. 45. a. Custome paid If any sell his ware before the Custome paid it shal be forfeited lib. alb. fol. 36. b. 50. Hen. 3. Customes expounded and new Laws made That it shall be lawfull for the Major and Aldermen with the assent of the Commons to expound obscure Customes and when need requireth to make new laws the which shall be consonant to reason lib. alb. fol. 39. 15. E. 2. Debts All manner of Debts lent in London shall be sued for in London lib. alb. fol. 35. b. 11. Hen. 3. Elections That the Major of London and the Sheriffes shall be chosen