Kitchin if he will live or die or till he have found sureties to appear before the Justices at the Goal delivery If the Constable do not part Affrayors for the preservation of the Kings peace and apprehend them being within his view or do not his utmost endeavour to part and apprehend them he may be fined and imprisoned for his neglect thereof for he may command others to assist him and therefore the Rule in him Idem est facere nolle prohibere cum possis qui non prohibet cum prohibere possit in Culpa est And if any be commanded to assist him therein and refuse or neglect the same it is a contempt in them to be punished by fine and imprisonment I shall conclude this Learning touching our Constables with these Queries 1. Quaere Whether a Constable may bring an Offender to what Justice he pleaseth Resp It is adjudged that the Constable having a Warant to bring one Coram aliquo Justitiar c. it is at the Election of the Officer to bring the Party so attached Co. lib. 5. f 53. Fosters Case to what Justice he will for it is greater Reason to give the election to the Officer who in presumption of Law is a person indifferent and sworn to execute his Office duely then to the Delinquent and upon the refusal to find surety the Constable may commit the Delinquent without a new Warrant 2. Quaere whether the Constable of a Town be bound to make Huy and Cry Resp Huy and Cry is when any Felony is committed or any Person grievously and dangerously wounded or any person assaulted and offered to be robbed Co. 3. Inst 116. either in the day or night the Party grieved or any other may resort to the Constable of the Town and acquaint him with the causes describing the party and telling which way the Offender is gone and require him to raise Huy and Cry and the Duty of the Constable is to raise the power of the Town as well in the night as in the day for the prosecution of the Offender and if he be not found there to give the next Constable warning and he the next until the Offender be found 3. Quaere What is the punishment of them that shall not levy or pursue an Huy and Cry Resp They Co. 3. Inst 117. which levy not Huy and Cry or pursue not upon Huy and Cry shall be punished by Fine and Imprisonment Note it is an Article of the Leet Stat. de 1â— E. 2 to enquire of Huy and Cryes levied and not pursued The City of London has been taken into the Kings hands for not levying a Huy and Cry as appears by this Record Scil. Mandatum est Gulielmo de Haverhull Thesaurario Regis Co. 3 Inst f. 118. quod Civitatem London capiat in manum Regis eo quod Cives ejusdem Civitatis non levaverunt Hutesiam Clamorem pro morte Magistri Guidonis de Arretio aliorum interfectorum secundum Legem Consuetudinem Regni Teste Rege apud Wendestock 22 die Augusâ—i 4. Quaere Whether an Arrest be lawful where the cause of the Huy and Cry be feigned Resp Where Huy and Cry is levied upon any person the arrest of such person is lawful Co. 3 Inst 118. although the cause of the Huy and Cry be feigned and if the Case be feigned he that levy the same shall also be arrested and shall be fined and imprisoned But common fame and voice is not sufficient to arrest a man in Case of Felony unless a Felony be done indeed vide 5. H. 7.5 a. 21. H. 7.28 a. Cro. 2. part Cox vers Wirral Bridgemans Reports Weal ver Wills Hobarts Reports Cuddington ver Wilkings Searls ver Stiles Poland ver Mason Hitherto of the Governours and Officers appertaining to the most glorious City of London SECT XV. Of the several Courts within the City of London THe principal Courts that appertain to this City are four viz. The Court of the Hustings the Court of the Sheriffes the Court of Equity and the Court of the Lord Mayor and Aldermen Of these in their order 1. Of the Court of the Hustings TOuching this Court are worthy of notice these particularities scil The Etymology of the word Hustings its Antiquity its preheminence and its Jurisdiction It is called Hustingum or Hustings of two Saxon words viz. Hus 1. The Etymology i. e. Domus and Things i. e. Placitum so as Hustingum is as much as to say Co 2. Inst 312. Co. 4. Inst f. 47 as the Bench or Court of Pleas Domus placitorum or Forum Contentiosum where Causes are pleaded Other Cities and Towns also have had a Court of the same name as Winchester Lincoln York and Sheppey and others Fleta lib. 2. c. 55. where the Barons and Citizens have a Record of such things as are determinable before them For the Antiquity of this Court of Hustings amongst the Lawes of Saint Edward you may read these words 2 The Antiquity of this City scil Debet enim in London quae caput est Regni Legum semper Curiae Domini Regis singulis septimanis die Lunae Hustingis sedere teneri c. 3. It s preheminence The Court of Hustings is the highest Court and of greatest Celebrity within the City of London and it s holden before the Lord Mayor and Sheriffes Co. 2. Inst 322. Co. 4. Inst f 247. 4 Its Jurisdiction As touching the Jurisdiction Power and Authority of this Court are worthy of our Observation these Particulars Scil. 16 H. 7.12.11 H. 7.10 a 6 H. 7.15 1. That there be two Hustings in London one is de communibus placitis The other is de placito Terrae And therefore upon return of Writs to mention a Recovery at the Court of Hustings in London where there are two kinds and it is not said at which of the Hustings it is not good 2. The manner of proceedings upon a Foreign Voucher It is provided by a Statute made in 9 E. 1. That if one be impleaded in the City of London 6 E. 1. c. 12. do vouch a Forreigner to warranty the Mayor and Bayliffes shall adjourn the Parties before the Justices of the Common Bank at certain day and shall send their Record thither And the Justices shall cause the warrantor to be summoned before them and shall try the warranty And the Mayor and Bayliffs in the mean time shall surcease in the matter that dependeth before them by a writ until such time as the warranty by determined before the Justices of the Bench. And when the matter shall be determined Commandment shall be given to the Vouchee to depart into the City and to swer the first plea. And the Demandant at his suit shall have a writ from the Justices of the Bench unto the Mayor and Bayliffs that in case the Tenant have last his Land they shall cause it to be extended and
was not good for he ought to have a scire facias against the Baile for it is unreasonable to take him in execution without answer for he might plead a Release of the Party or that the principal is dead and so discharge himself and for this Cause the Custom by the Court of Kings Bench held unreasonable Qu. But the Quaere may be whether ill Customs such as these I have here named confirmed by Act of Parliament be thereby made good or not Resp It is answered that the Statutes which confirm the Customs of London shall never be construed for the Ratification of any ill or irrational Custom which has been made use of within the City of London And this is agreable with the Interpretation of Mr Horne whose words are these In point que demand que le City de Londres cit ses franchises ses franke Customes est interpretable en cest manner que les Citizens eient lour Franchises dont ils sont inherit per loyall Title de dones confirmements des Royes les queux ilz ne out forfeites per nul abusion que ilz eient lour franchises Customes quae sont sufferable per droit nient repugnant al Ley And this very interpretation agreeth with divers of our later books as Plowd Com. f. 400. Davys Reports le case de Commenda f. 75. b. Co. Litt. f. 381. b. 11. H. 7.21.45 E. 3.26 which prove that the words of an Act of Parliament shall be taken in a Lawful and Rightful sence SECT XVII Of the Franchises Liberties ad singularities of the most glorious City of London THrough the special favour and Indulgence of our Princes the Kings of England the Citizens of London have obtained very large and great Immunities or Priviledges of which some are given to the Londoners by Royal Charters and some by the Royal Assent in Parliament 1. Of the Franchises and Liberties that are derived to the Trenovants by Charters Royal. Priviledge 1. Omnes homines London sint quieti Liberi omnes Res eorum per totam Angliam per portus maris de Theolonio passagio ab omnibus aliis Consuetudinibus Vide Chartam H. 1. de Libert London Priviledge 2. Hâ—nting King H. I. by his Charter granted for the Recreation of the Londoners Quod Cives London habeant fugationes suas ad fugandum sicut melius plenius habuerunt Antecessores eorum scil Silve Middlesex Suer Co. 4. Inst f. 314. Priviledge 3. Toll-free King H. 3. Granted that the Citizens of London should passe Toll-free throughout England Priviledge 4. In 11. H. 3. The King granted and confirmed to the Citizens of London Free-warren Free-warren or Liberty to hunt a certain circuit about the City in the warren of Stones c. Priviledge 5. King H. 3. granted to the City of London quòd nullus Civis faciat Duellum Duells quod de placitis ad Coronam pertinentibus se possint disrationare secundam antiquam consuetudinem Civitatis Citizens of London no battel shall be gaged against any of them Co. 4. Inst 252. A Citizen of London sued an Appeal of Robbery the defendant gaged Battel the plaintiff said that he was a Citizen of London that they have there such Franchise that no battel shall be gaged against any of them this extends to every particular Citizen Bulstrodes Reports 3. part f. 16.21 E. 4. f. 12. 27. Priviledge 6. In 11. H. 3. the King granted to the City of London this special and rare Liberty Si illis qui pro tempore fuerint Vice-Comites constituti aliquod delictum fecerint Sheriffs of London unde misericordiam pecuniae debeant incurrere non judicentur ad plus nisi ad miserecordiam vigint Libr. hoc sive damno aliorum Civium si Vicecomit non sufficiantur ad miserecordiarum suam solutionem Co. 4. Inst 254. Priviledge 7. King John by his Letters granted to the Citizens of London Election of a Mayor Liberty yearly to choose to themselves a Mayor Co. 4. Inst 253. Priviledge 8. In the year 1282. King Ed. I. granted to H. Waller Mayor Walls and the Citizens of London to take toward the making of the wall and inclosure of the City certain Customs or Toll as appeareth by his grant Stow. Priviledge 9. Mayor In the Reign of Ric. I. The Citizens of London obtained to have a Mayor to be their principal Governor and Lieutenant of the City as of the Kings Chamber Stow. Priviledge 10. For the repairing of Bishops-gate H. 3. granted Bishops-gate and confirmed to the Merchants of Hanced that had an House in the City of London called Guildhalla Theutonicorum certain Liberties and priviledges Stow. Priviledge 11. Kind Ed. III. granted Justice of Oyer that the Lord Mayor should be Justice for the Goal delivery at New-gate Stow. Priviledge 12. Ed. III. granted Maces that the Sergeants of the Lord Mayor should bear Maces of silver Co. 4. Instit f. 252. Priviledge 13. Ed. III. granted that no Escheator should be in the City Escheator but the Lord Mayor for his time Stow. Priviledge 14. Clerks King H. 3. granted that either Sheriff should have two Clerks and two Sergeants Seal also that the Citizens should have a Common Seal Stow. Priviledge 15. It is a Liberty of London granted Quod nullus Civium sit implacitatus extra muros Privilege 16. Walls and Ditch It was granted by Ric. II. That a Toll should be taken of the Wates sold by Land or by water towards the Repairing of the walls cleansing of the Ditch about London Stow. Privilege 17. London Bridge King John gave certain void places in London to build upon the profits thereof to remain towards the charges of rebuilding and repairing of London Bridge Stow. Priviledge 18. By the patent of Ed. II. London Bridg. a Subsidy was granted towards the Amendment of London Bridge Stow. Priviledge 19. In H. III. time ships of the Ports arrested Corne brought into ports and forced to bring their Corn to Queen Hithe but the ships of the Citizens of London were at liberty to arrive where the owners would appoint them Priviledge 20. Aldermen of London were used to be changed yearly but it was ordered in 28. E. 3. Aldermen that they should not be removed without special cause Stow. Priviledge 21. Ed. III. in the 3. Paving year of his Reign gave the Citizens of London License to take a Toll towards the charge of paving the Borough of Southwark with stone Priviledge 23. Physitians King H. 8. by his Letters Patents erected a Body Corporate of Physick in London and seven miles compass Priviledge 22. Sales in gross It was granted in some Kings Reign that all Clothes or other Merchandizes should not be sold in gross but only to the Citizens of London Priviledge 24. The City of London hath by the Kings
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
dignitates Coronae nostrae quae constitutae sunt à bonis praedecessoribus deperire non possunt nec defraudari nec violari sed omnia rite per judicium justitiam fieri debent ideo Castella Burgi Civitates sunt fundatae aedificatae Sc. ad Tuitionem gentium populorum regni ad defensionem regni idcirco observari debent cum omni libertate integritate ratione Out of this same Record we may pellucidly and clearly collect that Cities Towns or Boroughs were instituted for three purposes Sc. First Ad consuetudines regni nostri jus nostrum commune dignitates coronae conservand Secondly Ad Tuitionem gentium populorum regni and Thirdly Ad Defensionem Regni This in three particularities 1. For conservation of Lawes whereby every man enjoyeth his own in peace 2. For Tuition and defence of the Kings Subjects and for keeping the Kings peace in time of sudden uproars 3. For defence of the Realm against outward and inward Hostility Thus much out of our own Records I now come to speak somewhat of this matter that I have seen in foreign Authors Tully sayes thus Hanc ob Causam maximè ut sua tenerentur Respublica Civitates constitutae sunt nam etsi Lib. 2. de Offic. duce natura congregabantur homines tamen spe Custodiae rerum suarum urbium praesidia quaerebantur Aristotle thus 1 Pol. 2. Civitas a natura profecta est homo animal aptum est ad coetus proinde Civitatis Origo ad vivendum institutio ad bene vivendum refertur In Pol. Arist lib. 3. Donatus Acciaiolus speaks in this manner Civitas constituitur aut propter possessiones aut ut simul vivatur ut aut contrahat Societatem belli causa ut propter commercia aut propter saelicitatem bonam vivendi rationem By these authorities foreign and domestick it appears that Cities and Towns were at the first invented to the end that men might lead a civil Life amongst themselves and be saved harmless against their Enemies 6. and lastly The number of Cities in this our Kingdome CAssaurus writeth that France hath within the Territories thereof 104. Cities and he giveth this reason of that his saying because that there are so many Sees of Arch-bishops and Bishops Co. Lit. f. 109.6 So say we that there be within England two Archbishopwricks and 23 other Bishopwricks therefore so many Cities there be and Westminster and my Lord Cokes Alma Mater being added there are in all within England 27 Cities Thus much for Cities and Towns in general I now purpose to speak more particularly concerning the renowned City of London in relation to which famous Metropolis I shall presume to offer the Reader these particulars 1. The Origination or Etymology of the word London 2. It s several Appellations 3. The Antiquity of this City 4. It s Fame for Trade and Traffique 5. The honourable Titles that have been and are given to it 6. The walls thereof 7. It s River 8. It s Bridge 9. Its Gates 10. It s Tower 11. It s Cathedral 12. It s Division and Extent for the better Government thereof 13. The Reason why the Archbishop never makes any Visitation in London Diocess 14. Its Governours and Officers 15. It s several Courts 16. Its Customes 17. and lastly The Liberties Franchises and single Rites of this most glorious City SECT I. Of the Origination or Etomology of the word London TOuching the name of London from what occasion the City should be so denominated divers Authors conceit diversly Some are of opinion that London took the name of Ludstone for King Lud not onely repaired this City but also increased the same with fair buildings Towers and Walls and after his own name called it Cair Lud i. e. the Town of Lud and the strong Gate which he erected in the west part of the City he likewise for their own honour and reputation named it Ludgate Others say it is so called from the word Llhwn for seeing Caesar and Strabo do write that the ancient Britains called those woods and Groves by the names of Cities and Towns which they had fenced with Trees cast down and plashed to stop up the passage and seeing that such VVoods or Groves are in the Brittish tongue named Llhwn they are in inclined to the opinion that London thence took name as one would say by way of excellency the City or a City thick of Trees Again Others are of opinion which seemeth to be the most probable that whence London had the same there also it took the name even from Ships which the Brittains in their dialect call Longh so that Londinum may seem to sound as much as a Ship Road or City of Ships for the Brittains term a City Dinas whence the the Latines have fetch'd their Dinum And hence it is that elsewhere it is called Longidinum and in the Funeral Song of a most ancient Brittish Poet Llong Porth that is an Harbour or Haven of Ships And by this very term Bononia or Bolea in France which Ptolomy calleth Gessoriacum Novale in the Brittish Glossary is named Bolung-Long For many Cities have drawn their names from Ships as Naupactus Naustathmas Nauplia Navalia Augusti c. But of these none hath better right indeed to assume unto it the name of a Ship Road or Haven than our London as you shall understand at after See more of this business in Hollinshead Stow Geoffry of Monmouth and Cambden SECT II. Of the divers Appellations of this glorious City TAcitus Ptolomy and Antonine call it Londinium and Longidinium Ammianus Lundinum and Augusta Stephen in his Cities 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 our Britains Lundayne the old Saxons Londen Lunden-ceaster Lunden-berig Strangers Londra and Londres the Inhabitants London Fabulous Writers Troia Nova Tronovant or Trenovant that is New Tory Dinas Belin that is Belius City and Caer Lud of King Lud and Caesar in his Commentaries stiled it Trinobantum civitas SECT III. Of the Antiquity of this renowned City FOr proof of the Antiquity of this City I shall produce some known and approved Writers as Herodian Ammianus Marcellinus Fitz Stephen Stow c. 1. Herodian sayes thus in the Life of Severus the Roman Emperour Londinum est urbs magna opulenta 2. Ammianus Marcellinus an Author above 1200 years since calleth it Vetustum Oppidum 3. Fitz Stephen telleth us that this City of London far exceeds Rome in Seniority his words are these Haee civitas urbe Roma secundum Chronicorum fidem satis antiquior est c. 4. Stow in his Survey of London saith that as the Romans to glorifie the City of Rome drew the original thereof from gods and Demy-gods by the Trojan Progeny So Geoffry of Monmouth the Welsh Historian deduceth the foundation of this famous City of London for the greater glory thereof from the very same original For he reporteth that Brute lineally descended from the
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.
Kings in the high Court of Parliament Singularity 1. King Athelstan in his Laws or Constitutions appointing Mint-Masters how many Mint-Masters should be in each City alloweth 8. to London and not so many to any other City Singularity 2. King H. 1. in his Laws Amerciament commandeth that no Citizen of London shall be amerced above 100 s. for any pecuniary pain Singularity 3. It is granted to the Citizens of London Gavelet that the Lords of Rents in London may recover them by a writ of Gavelet 10. E. 2. Singularity 4. The Kng granted that the Citizens of London should not be constrained to go out of the City to any War Warr. and that the Liberties of this City should not for any cause whatsoever be taken into the Kings hands Rot. Parl. 1. E. 3. Authoritate Parliamenti Singularity 5. Erroneous Judgment It is enacted that the Statute of 28. E. 3. c. 10. shall not extend to any erroneous judgment given or to be given in the City of London Parl. 7. R. 2. nu 26. Singularity 6. Aldermen The Aldermen of London shall not be hereafter elected yearly but remain until they be put out for reasonable cause 17. R. 2. c. 11. Singularity 7. Mault The Lord Mayor and Aldermen may reform the defaults of Victuallers Victuallers 7. R. 2. c. 11. vide 31. E. 3. c. 10. Singularity 8. Mault sold to London shall be cleansed from Dust 17. R. 2. c. 3. Mault Singularity 9. It is Enacted in the Reign of R. 2. That the Mayor Guardian-ship of Orphans and Chamberlain of London shall have the keeping of all the Lands and goods of such Orphans as happen within the City Singularity 10. The Mayor of London shall redress such Errors Defaults Redressing of Errours and Misprisons notoriously used in the same City 1. H. 4. c. 15. Singularity 11. The Stat. of Ed. 4. c. 2. doth not extend to the Sheriffs of London Sheriffs of London as touching Indictments and Presentments Singularity 12. Citizens and Freemen of London may carry their wares to any Fairs Wares or Markets throughout England 3. H. 7. c. 9. Singularity 13. Butchers shall kill no beasts in London Butchers 11. H. 7. c. 21. Singularity 14. By the Stat. of 9. H. 7. c. 8. no scavage Scavage or Shewage or shewage shall be paid in any place but it shall be taken by the Mayor and Sheriffs of London Singularity 15. The Mayor of London and his Successors have like Authority in all issues Breaches Sewars ground over flown as far as the water ebbeth and floweth grown out of the River of Thames as touching the punishment for using unlawful nets and engines as his Lordship hath within this said River 4. H. 7. c. 15. Singularity 16. For all issues forfeited by Jurors in the Mayors Court Issue forfeited it is lawful for his Lord-ship and his Successors to distrein and the same distress detain until he or they be satisfied of the said issues 4. H. 8. c. 3. Singularity 17. All Strangers within two miles of London shall be under the Reformation of the Wardens of Handy Crafts within the City of London Warden of Handy-Crafts 15. and 16. H. 8. c. 2. Singularity 18. Wardens of Cowpers shall search Wardens of Cowpers c. and gage all manner of Barrells c. For Ale Soap to be put to sale within 2. miles compass without the Suburbs of the City of London 23. H. 8. c. 4. Singularity 19. A Londoner returned upon a Jury to the Courts at Westminster having goods to the value of 40. marks shall be sworn Jurors and do in all such Juries in every thing as other persons may do having Lands or Tenements of the yearly value of forty shillings 4. H. 8. c 3. 5. H. 8. c. 5. Singularity 20. By the Stat. of 4. H. 8. c. 14. It is Enacted that the Mayor of the City of London may search oyle Oyles in the City of London and punish all such as sell false oyle Singularity 21. The Lord Mayor of London may set fines upon those Paving which do not pave or repair any street or Land 32. H. 8. c. 17. Singularity 22. Woods growing within the compass of 22. miles from and about London Woods or the Suburbs of the same shall not be felled to be converted to Coals for making of Iron works 23. Eliz. c. 5. Singularity 23. The Mayor in the Reign of Edward 3. procured an Act of Parliament Whores Vide Daniels History f. 243. that no known Whore should wear any hood or attire on her head except reyed and striped Cloth of divers Colours If this Law should now be put in force I am affraid there would be very few black hoods worne Note the Athenian Law was Floridas Meretrices vestres indutae sunto Singularity 24. By the Stat. of 1. Jac. c. 19. Garbler of London the ancient officer of London called the Garbler of Spices hath authority at all and every time and times in the day time to enter into shops ware-houses or Cellar to view and search Drugges and Spices c. and to garble and make them clean Singularity 25. All wares from hence forth shall be utterly Wares put down by Thames and Medway 9. E. 3. c. 22. Singularity 26. Damages King E. 1. Of his grace granted unto the Citizens of London that whereas before times they that were disseized of freehold in the same City could not recover their damages before the coming of the Justices to the Tower that from hence forth the Disseizees shall have damages by Recognizance of the same Assize whereby they recovered their Lands 6. E. 1. c. 14. Singularity 27. Salmons By the Stat. of 20. R. 2. c. 9. it is enacted that the Mayor or Warden of London shall have the Conservation of the Stat. touching Salmons viz. 13. E. 1. c. 47.13 R. 2. c. 19. in the waters of Thames from the Bridge of Stane to London and from thence over the same water and in the water of Medway Singularity 28. In 12. R. 2. c. 13. There is a punishment ordained for him Corruption which shall cast corruption into any place near the City of London Singularity 29. In the 13. 14. year of the Reign of the King our most Gracious and Serene Soveraign that now is Higwayes and streets there was an Act made for Repairing of High wayes and for paving and keeping clean streets c. in and about the City of London and by that Act it is ordained that the Lord Mayor Recorder and Aldermen shall be joynt Commissioners in exercising all the powers of this said Act within the City and Liberties thereof Singularity 30. Curriers In the Stat. of 14. of this Kings Reign which was enacted for the restraining the exportation of Leather and Raw Hides out of the Realm it is ordered
that the Master and Wardens of the Company of Curriers shall enter into any Ware-house c. within the City of London or 3. miles of the same City belonging to any of the Cordwayners c. to search for and seize all such Leather intended to be prohibited to be used by a clause in the said Act c. Singularity 31. In the 19. Imposition on Coals for building◠of Cathedral c. Churches year of the same King there was an Act made for the Rebuilding of the City of London and for the further enabling the Lord Mayor c. to perform all the works mentioned in the said Law It is ordained that for all sorts of Coals which shall be brought into the Port of London shall be paid by way of Imposition thereupon viz. For such sort of Coals as were usually sold by the Chauldron the sum of 12. pence and for such sort of Coales as are sold by the Tun the like sum of 12. pence And likewise in 22 year of his Majesties Reign it was enacted that there should be paid for every Chauldron or sum of Coales two shillings over and beside the aforesaid Imposition of 12d for the Rebuilding Cathedral and Parochial Churches within the City of London His Majesties beloved and native City towards which his Royal Heart hath been so gratious and so full of Princely designs to inprove its Honour Wealth and Beauty Having thus attempted to present to the Courteous Readers view some of those Notable Rare and Special Liberties and Priviledges that the Citizens of London have and do claim by vertue of Charters Royal and Acts of Parliament I shall now come to a conclusion of this small and slender Treatise with a Rehearsal of some of the Statutes both conservant and confirmant appertaining to this most glorious and most renowned City of London Amongst the Acts of Parliament that are called preserving Statutes Conservant or saving or saving Laws viz. of the Liberties belonging to London take these following sc 3. E. 4. c 4 The liberties of great Saint Martins in London reserved by the Statute of 3. E. 4. c. 4. touching Marchandizes 7 H. 4. c. 17. The Citizens of London may take Apprentices according to their old Custom notwithstanding the Stat. of 7. H. 4. 19. H. 7. c. 23 By the Stat. of 19. H. 7. c. 23. All Acts made in Derogation of the Merchants of Stillyard are void provided that the Statute shall not prejudice the Liberties of London 5. Eliz. c. 4. In the Stat. of 5. Eliz. touching Apprentices there is a proviso that the Act shall not be prejudicial to the City of London or priviledges of the same City 1. Jac. c. 21. In the Stat. of 1. Jac. touching Sale of goods purloyned in London c. Is a proviso that the said Act shall not be prejudicial to the ancient Trade of of Brokers within the City of London c. or other trades within the said City and Liberties of the same being setled as it is mentioned in the said Act. In the 12. of the King that now is it was enacted in the Stat. touching Wards and Liveries that the Act shall not extend to alter or prejudice the Custom of the City of London concerning Orphans In the 14. year of his Majesties Reign there is a Law made for preventing Abuses in printing in which Act there is this proviso that this said Act shall not extend to prohibit any Book-Seller who hath served 7. years and is Free of the Company of Stationers of London from importing into the Realm any Books ready bound not formerly prohibited Amongst the Statutes that have been enacted for the strengthning Statutes Confirmant and confirming of the Customs and Liberties of London there are 3. of them most notorious one enacted in the Reign of H. 3. Another in the time of E. 3. And a third made in the dayes of R. 2. In the Reign of H. 3. it was enacted in these words sc Civita London habeat omnes Libertates suas antiquas Consuetudines suas the City of London shall have all the old Liberties and Customs which it hath been used to have In the Reign of Ed. 3. it was ordained that the Liberties of this City shall not for any cause be taken into the King Hands Rot. Parl. 1. E. 3. authoritate Parliamenti In the Reign of R. 2. there is a most beneficial Statute made which no other Corporation hath it is enacted that the Citizens of London shall enjoy all their whole Liberties whatsoever with this Clause licet usi non fuerunt vel abusi fuerunt Co. 4. Inst f. 250 and notwithstanding any Statute to the contrary c. Lege Statutum for by this Act the City of London may clayme Liberties by proscription Charter or Parliament notwithstanding any Stat. mad before 7. R. 2. Note the most gracious and Royal Concession of his late Majesty the most glorious Martyr that willingly died for the preservation of established Religion and Laws at Newport was That an Act be passed for granting and confirming the Charters Customs Liberties and Franchises of the City of London notwithstanding any Non-user Misuser or Abuser I have no more to say in honour of this City but only to conjure the Inhabitants thereof for all these singular tokens of the Liberal favour and good likeing of our Princes to honour and obey their King that now is and to say with me their fellow subject scil VIVAT REX ac Maximè floreat Triplex Corona Serenissimi Potentissimi Sacratissimique Principis nostri Caroli à Carolo. FINIS Books Printed for William Crook at the Green Dragon without Temple Bar. 1. THe Compleat Vineyard or an excellent way for Planting of Vines in England and how to make Wine of their Grapes By W Hughs price 2 s. 2. 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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