THE SUR-REJOINDER OF Mr. Attorney General TO THE REJOINDER Made on the behalf of the CHARTER Of the CITY of LONDON LONDON Printed for S. Mearne 1682. City aforesaid as to the making and publishing of the Law for the levying of monies of the persons coming to the publick Markets held within the said City with Victuals and Provisions there to be sold and the exacting and levying of such monies above supposed to be made by them the Mayor and Commonalty and Citizens above by rejoining pleaded for our said Lord the King that now is says that for any thing by them therein alledged the Liberties Priviledges and Franchises to be of themselves one Body Corporate and Politick in Matter Fact and Name by the name of the Mayor and Commonalty and Citizens of the City of London and by the same name to plead and be impleaded to answer and to be answered by them above as aforesaid claimed ought not to be allowed to the said Mayor and Commonalty and Citizens because that by protesting that they the said Mayor and Commonalty Citizens of the City of London the aforesaid seventeenth day of September in the six and twentieth year abovesaid in the aforesaid Replication mentioned as also continually afterwards and from the time whereof the memory of man is not to the contrary were not seized or as yet are seized of and in the publick Markets aforesaid in their Demesne as of Fee nor by the whole time aforesaid at their own charges have provided or have been accustomed or ought to provide Market-places or places where such Markets were to be held as often as need should be and Stalls Standings and other conveniences for persons coming to the said Markets with Victuals and Provisions there to be sold for the better and more convenient exposing of the same to sale as the said Mayor and Commonalty and Citizens above by rejoining have alledged and protesting also that the aforesaid Rates by the Act or Ordinance aforesaid so as abovesaid ordered to be paid at the aforesaid time of the making of that Order and from thence hitherto were not reasonable nor as yet are reasonable as they the said Mayor and Commonalty and Citizens have likewise above alledged Notwithstanding for Plea the said Attorney General of our said Lord the now King says that by a certain Act in Parliament of our said Lord the now King held at Westminster by several Prorogations the Fourteenth day of February in the Two and twentieth Year of the Reign of our said Lord the now King amongst other things it was enacted to the end that fit and commodious places within the said City and Liberties thereof might be set out and appointed for the rebuilding and keeping Markets with greater conveniency than before they had been so that the principal Streets might not be pestered and obstructed thereby as before they had been accustomed and that the Royal Exchange Guild-hall the Sessions House in the Old-baily and the common Goals and Prisons within the said City might be enlarged and made more commodious for the publick use and ornament of the City and be better secured from the danger and casualty of Fire and that some convenient distance interval and circuit of ground might be left between the Royal Exchange and other Houses to be built within the said City That the Mayor Aldermen and Commons of the said City in Common-Council assembled should and might imploy and by the aforesaid Act they were authorized to imploy such places and portions of Ground within the said City and Liberties thereof as by and with the approbation of our said Lord the King then were or before the tenth day of March 1669. should be set out and adjudged necesary and convenient as well for the publick Market-places there as also for the ornament enlargement and conveniency of the said Royal Exchange and other places before mentioned and every or any of them respectively And to the intent that a reasonable satisfaction might be given to the Proprietors and others having any Estate or Interest in the grounds and places which had been or should be set out taken and used for publick Market-places the aforesaid Mayor Aldermen and Commons by themselves or others in that behalf to be appointed and authorized were to treat and agree with the Owners and others interessed in the same and in case of a wilful refusal or of any such disability or impediment as in a certain other Act of Parliament in the said Act specified for the rebuilding of the City of London lately before made were mentioned or of any other incapacity whatsoever in the Owners thereof or others interessed in the same to treat and agree The said Mayor and Court of Aldermen should and were by the foresaid Act authorized and required to cause Juries to be impannelled in such manner and form as by the aforesaid Act it was directed and appointed so as no two Jurors so to be impannelled should come out of one and the same Ward to adjudge and assess what recompence and satisfaction in every of the Cases aforesaid ought to be awarded and given to the respective Owners and others interesfed in the Grounds and Places so set out to be taken and imployed for any the uses or purposes as aforesaid in pursuance of the said Act according to such their respective Estates and Interests And it was further Enacted that for all sorts of Coals which from and after the first day of May One thousand six hundred and seventy and before the Nine and twentieth day of September which should be in the Year of our Lord One thousand six hundred eighty seven should be imported and brought into the said Port of the City of London or the River of Thames within the Liberties of the said City upon the same River there should be paid by way of Imposition thereupon according to the Rates hereafter mentioned that is to say for all such Coals as should be there imported and brought in from and after the said first day of May One thousand six hundred and seventy and before the Four and twentieth day of June One thousand six hundred seventy seven there should be paid for every Chaldron or Tun thereof two shillings over and above the Imposition of twelve pence the Chaldron or Tun by the said Act for the Rebuilding the City of London appointed to be paid And for all such Coals which should be there imported and brought in from and after the said Four and twentieth day of June One thousand six hundred seventy seven and before the said Nine and twentieth day of September One thousand six hundred and eighty seven there should be paid for every Chaldron or Tun thereof three shillings and the same should by virtue of the said Act be collected levyed and paid in such sort and manner in all and every respect as in and by the said former Act was limitted and appointed for the collecting and levying the duty of twelve pence
the Chaldron or Tun of Coals imposed by the said former Act and all and every the Powers Authorities Directions and Provisions in or by the said former Act mentioned or provided for the levying and collecting thereof all which monies so to be received upon account of the said respective Impositions or either of them should from time to time be paid into the Receipt of the Chamber of the City of London and from thence should be issued out paid according to the directions and appointment of the aforesaid Act of the Two and twentieth year abovesaid and not otherwise and the said Chamber of the City of London should stand and be charged with all the residue of the said monies there paid in which should not be issued out and paid accordingly And it was further enacted that all and every sum and summs of money which should be raised upon the receipt of the several and respective Impositions aforesaid or by such additional duty in case of concealment thereof as by the aforesaid former Act was appointed should be imployed and disposed in manner and form following that is to say one fourth part of all the monies which from and after the said first day of May One thousand six hundred seventy and before the said four and twentieth day of June One thousand six hundred seventy seven should be raised and payable upon the receipt of the aforesaid Imposition of two shillings for every Chaldron or Tun of Coals or in case of concealment thereof as aforesaid should be imployed and disposed of for and towards the satisfaction for the Grounds set out and imployed for enlarging of the Streets making of Wharfs and Keys publick Market Places and other publick Uses as well in that Act as in the Act afore-recited mentioned and appointed and that one moiety of all the monies which from and after the said Four and twentieth day of June One thousand six hundred seventy seven should be raised or payable upon the aforesaid Imposition of three shillings the Chaldron or Tun of Coals from time to time should be imployed and disposed for satisfaction for the Ground set out and imployed as aforesaid and for such other publick uses and purposes as in that Act and in the Act before recited were mentioned and appointed as by the same Act of the Two and twentieth year abovesaid amongst other things more at large is manifest ' and doth appear And the said Attorney General of our said Lord the now King Who c. for our said Lord the now King further says that by virtue of that Act they the said Major and Commonalty and Citizens of the City of London aforesaid before the making and publishing of the aforesaid Law to wit the first day of September in the six and twentieth year of the reign of our said Lord the now King aforesaid at London aforesaid in the Parish and Ward aforesaid had and receivid for Duty and Tax aforesaid of two shillings every Chaldron or Tun of Coals brought into the City of London or the Port thereof a great sum of money to the purposes aforesaid And further the said Attorney General of our said Lord the now King Who c. for our said Lord the now King says that the Mayor and Commonalty and Citizens of the City of London without any right title or authority whatsoever the aforesaid premises notwithstanding the aforesaid Thursday to wit the said seventeenth day of September in the six and twentieth year of the reign of our said Lord the now King aforesaid and in their Common Council then held in the Chamber of the Guild-hall of the City of London aforesaid to wit in the Parish of St. Michael Bassishaw London being assembled together made established and published the aforesaid Law by themselves in fact enacted for the levying the aforesaid several summs of money of all the Subjects and Liege People of our Lord the now King as well Free men as not Free men of the City of London and of other Foreigners coming to the said publick Markets held within the said City with their Victuals and Provisions there to be sold and have raised and levied and have made to be raised and levied the said several sums of money under the sole colour and pretence of the Law aforesaid so illegally made by themselves for their private gain and profit and without any other right title or authority whatsoever by the aforesaid space of seven years after the said seventeenth day of September in the six and twentieth year a foresaid next following and upwards at London aforesaid in the Parish aforesaid of all the Liege People and Subjects of our said Lord the King coming to the said publick Markets by the whole time aforesaid held within the said City with Victuals and Provisions there to be sold and converted and disposed of these monies to their own uses in subversion of the good Rule and Government of the aforesaid City and to the great oppression and impoverishing of all the Liege People of our said Lord the now King resorting and coming to the said Markets with their Victuals and Provisions to the great damage and hurt of all the Liege People and Subjects of our said Lord the King to the increasing of the Prices of all Victuals and Provisions sold in the aforesaid Markets and to the manifest disheriting of our said Lord the now King and his Royal Crown and against the Trust in them reposed as in a Body Corporate and Politick by our said Lord the King and the Laws of this Kingdom of England as the said Attorney General of our said Lord the now King for our said Lord the now King above by replying hath alledged Without that that the said Mayor and Commonalty and Citizens of the City of London from the time whereof the memory of man is not to the contrary have had or have been accustomed to have Tolls Rates or Sums of money by them the said Mayor and Commonalty and Citizens of the City aforesaid above supposed to be assessed by the aforesaid Law or Ordinance and reduced to a certainty as by the Plea of them the said Mayor and Commonalty and Citizens of the City of London aforesaid above by rejoyning is supposed and this the said Attorney General of our said Lord the now King is ready to aver Whereupon for that the said Major and Commonalty and Citizens for the cause aforesaid have forfeited the Liberties Priviledges and Franchises to be of themselves a Body Corporate and Politick the said Attorney General as formerly for our said Lord the King prayeth Judgment and that the said Mayor and Commonalty and Citizens of the City of London aforesaid may be convicted of the premises aforesaid and be fore-judged and excluded from their Liberties Priviledges and Franchises c. And as to the Plea of the aforesaid Mayor and Commonalty and Citizens of the City aforesaid above by rejoining pleaded as to the residue of the said Plea of
the said Attorney General in assigning the Forfeitures as aforesaid above by replying pleaded the said Attorney General of our said Lord the now King protesting that the said Prorogation of the said Parliament by our said Lord the King was for divers necessary and urgent causes concerning the good and profit of our said Lord the King and his Kingdom and according to the true and undoubted Prerogative and power of our said Lord the now King and by the same Prorogation the prosecution of publick Justice of the Kingdom and the making necessary provisions for the preservation of our said Lord the King and his Protestant Subjects had not received interruption as by the aforesaid Petition by the Votes and Suffrages of the said Mayor and Commonalty and Citizens of the said City in their said Com. Council assembled so as aforesaid ordained falsly and maliciously is alledged notwithstanding for Plea the said Attorney General for our said Lord the now King says that the Plea of the said Mayor and Commonalty and Citizens of the City of London aforesaid above by rejoining in that behalf pleaded and the matter therein contained is not sufficient in Law for them the Mayor and Com and Citizens of the City aforesaid to claim the Liberties Priviledges and Franchises aforesaid to be of themselves a Body Corporate Politick in Matter Fact and Name by the name of the Mayor Commonalty and Citizens of the City of London aforesaid and by the same name to plead and be impleaded to answer and be answered to be to them allowed or adjudged or maintained And that he the said Attorney General to that Plea in manner and form aforesaid pleaded is not necessitated nor by the Law of the Land bound in any wise to answer for our said Lord the now King and this the said Attorney General of our said now Lord the King is ready to aver Whereupon for want of a sufficient Plea of them the said Mayor and Commonalty and Citizens of the City aforesaid in this behalf the said Attor General of our said Lord the now King for our said Lord the now King as formerly prays Judgment and that the said Mayor and Commonalty and Citizens of the City of London aforesaid may be convicted of the premises and be forejudged and excluded from their Liberties Priviledges and Franchises ctionem publicationem legis pro levatione denariorum de personis ad publica Mercata infra Civitat ' praedict ' tent ' cum victualibus provisionibus ibidem vendend'acceden ' ac exactionem levationem hujusmodi denar ' superius fieri supposit ' per ipsos Majorem Communit ' ac Cives superius rejungendo placitat ' pro eodem Domino Rege nunc dicit quod per aliqua per ipsos superius inde allegat ' libertat ' privileg ' Franches fore de seipsis unum corpus corporat ' politicum in re facto nomine per nomen Majoris Communitat ' ac Civium Civitat ' London ac per idem nomen placitare implacitari respondere ae responderi per ipsos superius ut prefertur clamat ' eisdem Majori Communitat ' ac Civibus allocari non debent quia protestando quod ipsi praedict ' Major Communit ' ac Cives Civitat ' London praedict ' decimo septimo die Septembris anno vicesimo sexto supradicto in Replicatione praedict ' mentionat ' necnon continue postea à tempore cujus contrar ' memoria hominum non existit minime seisit ' fuer ' seu adhuc seisit ' existunt de in publicis Mercatis praedict ' in dominico suo ut de feodo nec per totum idem tempus sumptibus suis propriis providerunt seu providere consuever ' debuerunt fora Mercatoria sive loca ubi hujusmodi Mercata tent ' fuer ' quotiescunque necesse fuit Stallas Stationes alias accommodationes pro personis ad eadem Mercata venien ' cum victualibus provisionibus ibidem vendend ' pro meliori magis convenien ' vendicon ' exposicon ' eorundem prout praedict ' Major Communitat ' ac Cives superius rejungendo allegaver ' protestandoque etiam quod Rat ' praedict ' per actum sive ordination ' praedict ' ut praefertur solvi ordinat ' praedict ' tempore confectionis ordinationis illius extunc hucusque non fuer ' rationabiles nec adhuc rationabiles existunt prout iidem Major Communitas ac Cives superius similiter allegaverunt Pro placito tamen idem dict' Attorn ' dict' Domin ' Regis nunc Generalis dicit quod per quendam actum in Parliamento dict' Dom ' Regis nunc tent ' apud Westmonaster ' per seperales Prorogationes decimo quarto die Februarii Anno Regni dict' Dom ' Regis nunc vicesimo secundo inter alia inactitat ' fuit ad finem quod apti commodi loci infra dictam Civitat ' Libertat ' ejusdem extra posit ' appunctuat ' forent pro reedificand ' custodiend ' Mercata ampliori convenientia quam antea fuer ' ita quod principales stratae non forent impedit ' Anglice pestred ' obstruct ' perinde prout antea consuet ' fuit Et quod Regale Excambium Guihald ' le Sessions House in le Old-baily commun ' Gaole Prisone infra praedict ' Civitat ' forent amplificat ' fact ' magis commodi pro publicis usu ornament ' Civitatis melius securitat ' à periculo casualitate conflagrationis Et quod alique convenien ' distantiae intervall ' circuitus fundi forent relict ' inter Regal ' Excambium alias domos edificand'infra Civitat ' praedict ' quod Major Aldermanni Commun ' Civitat ' praedict ' in Commun ' Concilio assemblat ' impenderent Anglice should and might imploy per Actum praedict ' Authoritat ' fuer ' impendere talia loca portion ' Fundi infra Civitat ' praedict ' Libertat ' ejusdem prout per cum dicti Domini Regis nunc approbation ' tunc suer ' vel ante decimum diem Martii Millesimo Sexcentesimo Sexagesimo Nono forent extraposit ' adjudicat ' necessar ' convenien ' tam pro publicis Mercatis ibidem quam etiam pro ornamento amplificatione convenien ' praedict ' Regal ' Excambii aliorum locorum praementionat ' cujuslibet vel alicujus eorundem respective ad intention ' quod rationabilis satisfactio dat' soret Proprietar ' alior ' habent ' aliquem statum sive interesse in fundis locis quae fuissent vel sorent extraposit ' capiend ' occupand '