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A33193 The city of London's plea to the Quo warranto, (an information) brought against their Charter in Michaelmas term, 1681 wherein it will appear, that the liberties, priviledges, and customs of the said city cannot be forfeited, or lost by the misdemeanor of any officer or magistrate thereof, nor their Charter be seized into the King's hands for any mis-usage or abusage of their liberties and priviledges, they being confirmed by divers ancient records and acts of Parliament made before and since Magna Charta : also, how far the Commons of the said city have power of chusing and removing their sheriffs / published both in English and Latin. 1682 (1682) Wing C4360; ESTC R15339 37,563 73

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of Mayor have not born or four of them the Mayor Recorder and Aldermen of which the said Mayor or Recorder for the time being to be one shall be Justices of our Lord the King His Heirs and Successors and those Justices their Heirs and Successors for Himself His Heirs and Successors hath assigned for Ever to inquire as often and when they shall see most expedient by the Oath of approved and lawful Men not only of the City aforesaid but also of the Liberties of the same by which the very Truth may be the better known of all Murders Felonies Sorceries Inchantments Whoredom Magick-Art Trespasses Forestallers Regretters Ingrossers and Extortions whatsoever and all and singular other Misdeeds and Offences of which the said Justices of the Peace of our said Lord the King his Heirs and Successors may lawfully be or ought to be inquired by whomsoever and what sort soever within the said City and Liberties thereof before that time done and perpetrated or which from thence there shall happen to be done and attempted and not only of all those that shall in that City and Liberties thereof go to Conventicles against the Peace of the late King and His Successors in the disturbance of His People His Heirs and Successors or by force should go or ride Armed or from thence shall presume to ride or go Armed And also of those which there the People of our said Lord the King or His Successors shall lie in wait to kill or after shall presume to throw down Also of Hostilities and all and singular Persons who in abuse of the Weights and Measures or in selling Victuals contrary to the form of the Ordinance and Statute or any of them whereof the Common Advantage of this Realm and of the People of the late King His Heirs and Successors made and provided shall offend or attempt in the said City and Liberties thereof or from thenceforth shall presume to attempt or offend And also of Sheriffs Constables Keepers of Gaols and all other Officers who in the Execution of their Office about the Premisses or any of them where they ought not to have them or hereafter shall presume to have them where he ought not or carry himself remiss and negligent or from thence shall happen to be remiss or negligent within the said City and Liberties thereof And of all and singular the Articles Circumstances and others whatsoever by whomsoever and of what quality soever in the said City or Liberties thereof shall be done or committed and which from thenceforth shall happen to be done by any whatsoever in the Premisses or concerning any of them And to what Indictment soever which before the Mayor or Recorder of the said City for the time being and such of the said Aldermen or any four or more of them whereof the said Mayor or Recorder for the time being shall be one then afterwards shall be taken and inspected and Process thereof made to all and singular that are Indicted or shall happen to be Indicted until they shall be taken or restore themselves or shall be or restore themselves or shall be out-lawed and in making and continuing and to all and singular Murders Felonies Sorceries Inchantments Whoredom Magick-Art also false Conspiracies and other Misdeeds Forestallers Regretters Ingrossers Extortioners Conventicles Indictments aforesaid and all and singular other the Premisses according to the Laws and Statutes of this Realm of England as in such like Cases have used to be done or ought to hear and determine And the Offenders and such of them for their Duties by Fines Redemptions Amercements Forfeitures and other manner according to the Laws and Customs of this Realm and Form of the Ordinances and Statutes of the same have been accustomed to be done or ought to be corrected and punished and all and singular others to do perform hear determine and execute within the said City and Liberties thereof which Justices of the Peace by the Laws and Statutes of this Realm to do exercise and inquire or may be Executed and of Force and in as ample manner and Form for any one or to any one Justice of the Peace in any other County of this Realm lawfully to do exercise inquire punish or in any other manner may be exercised or of Force as by the said Letters Patents among other things more fully appears And that our said Lord the King that now is by his Letters Patents under the Great Seal of England bearing Date at Westminster aforesaid the 24th Day of June in the Fifteenth Year of his Reign which the Mayor and Commonality and Citizens of the City of London here brings in Court all Grants and other whatsoever in the said Letters Patent of King Charles the First above specified for the said King His Heirs and Successors to the Mayor and Commonalty and to the Citizens of the City of London and their Successors for ever did ratifie and confirm as by the said Letters Patents among other things may appear And they the said Mayor Commonalty and Citizens of the City of London further say that in the time of making the said Letters of the said King Charles the First and whilst before that and from that have hitherto been and still are Mayor and Recorder of the said City and Aldermen of the said City who have not been Mayor and sustained the burden of that Office and three and more Aldermen of the said City who have not underwent the burden of Mayor thereof And from that time of the making of the said Letters Patents of the said King Charles the First hitherto the Mayor and Recorder of the said City for the time being and such Aldermen for the time being as have not been Mayor of the said City also three of the Eldest Aldermen for the time being who shall be longest in that Office of Alderman and hath not been Mayor of the said City nor by vertue of the said Letters Patents have been Justice of the Peace within the said City or Liberties thereof or by vertue of the said Letters Patents and according to the Form and Effect of the same of the time in the time by the whole time they have holden Sessions of the Peace and Pleas of the Crown to wit such Pleas of the Crown as such Justices of our said Lord the King Assigned to keep by the same time lawfully have held or may hold within the said City And by that Authority the said Mayor and Commonalty and Citizens of the City of London by the time in the Information above-specified have been used or hitherto use and claim to have and use the Liberties Privileges and Franchises that the said Mayor of the said City and such of the Aldermen of the said City who have not been Mayor therrof or have been dismissed or three eldest Aldermen of the said City who have been longest Aldermen thereof or executed the Office of Mayor have been Justices of the Peace of our said Lord the King to preserve the Peace within the said City and to the Sessions of the Peace and Pleas of the Crown to wit such Pleas of the Crown as Justices of our said Lord the King lawfully assigned may hold within the said City and to all Felonies Riots Routs and unlawful Conventicles within the said City to inquire to hear and determine as to them may seem lawful or be lawful Without that the said Mayor and Commonalty and Citizens of the City of London of their Liberties Privileges and Franchises upon our said Sovereign Lord the King that now is by the time in the Information above-specified have usurped or do usurp as by the Information for our Lord the King above mentioned it is supposed which all and singular the said Mayor and Commonalty and Citizens of the City of London are ready to verifie whereof they pray Judgment and that their Liberties Privileges and Franchises to them and their Heirs for ever hereafter may be allowed and adjudged and that they as also the Premisies may be dismissed from this Court c. And as to the residue of the Liberties Privileges and Franchises in the said Information specified by them the Mayor and Commonalty and Citizens of the said City of London above-specified not claimed they the said Mayor and Commonalty and Citizens of the City of London those Liberties Privileges and Franchises were never used or do use but the same do uterly disclaim FINIS The Courteous Reader is desired to pardon the small Faults of the Press
in Officiu ' Aldermannat ' Civit ' pred' steter ' onus Officit ' Majorat ' Civit ' ill ' non sustin ' virtute Litterar ' Patent ' ill ' fuer ' Justic ' ad pacem infra Civit ' pred' libertat ' ejusdem conservand ' ac virtute Litterar ' Patent ' ill ' secundum formam effectu ' eorund ' de tempore in tempus per tot ' tempus ill ' tener ' Session ' pacis placita coron ' scilicet talia placita coron ' qual ' Justic ' Domin ' Regis ad pacem conservand ' assign ' per idem tempus ligittime tener ' vel tenere potueri inf ' eandem Civitat ' Et eo Warranto iidem Major Communitas ac Cives Civit ' London per tempus in Informatione praed ' superius specificat ' usi fuer ' adhuc utuntur ac clamant habere uti Libertat ' Privileg ' Franch ' quod Major dict' Civit ' hujusmodi Aldermann ' ejusdem Civit ' qui onus Majorat ' Civit ' ill ' sustinner ' ac inde fuerunt dimissi ac tres seniores Aldermann ' ejusdem Civit ' qui diutius Offic ' Aldermannat ' Ci vit praedict ' steter ' onus Officiu ' Majorat ' Civit ' ill ' non sustuler ' fuer ' Justic ' Domin ' Regis ad Pacem infra Civit ' praedict ' conservand ' ac ad Session ' Pacis Placita Corone scilicet talia Placita Coron ' qual ' Justic ' Domin ' Regis ad Pacem conservand ' assign ' ligittime tenere possent infra eand ' Civit ' tenend ' ac ad omnes Felon ' Riot ' Rout ' Conventicul ' illicit ' infra Civit ' praed ' inquirend ' audiend ' terminand ' prout eis bene licuit licet Absque hoc quod idem Major Communitas ac Cives Civit ' London de Libertat ' Privileg ' Franches ill ' super dictum Domin ' Regem nunc per tempus praed ' in Informatione praed ' superius specificat ' usurpaver ' seu usurpant pro ut per Inform ' illam pro dicto Dom ' Rege nunc superius supponit ' Quae omn ' singula iidem Major Communitas Cives Civit ' London perati sunt verificare unde petunt Judicium quod Libertat ' Privileg ' Franch ' illis eis Successoribus suis in perpetuum deinceps allocentur adjudicent ' ac quod ipsi quoad premissa illi ab hac Curia dimittantur c. Et quoad resid ' Libertat ' Privileg ' Franchisa in Information ' praedict ' specificat ' per isum Majorem Communitat ' ac Cives Civitat ' London superimo nomine clamat iidem Major Communit ' ac Cives Civit ' London Libertat ' Privileg ' Franchisa illis nunquam usi fuerunt seu utuntur sed de eisdem penitus declamans c. The Mayor Commonalty and Citizens of London at the Suit of the King ANd the said Mayor and Commonalty and Citizens of the City of London by Bendict Brown their Attorney came and had Hearing of the Information aforesaid by colour of which Information they are Prosecuted and may be hereafter burthened vexed and disquieted and that unjustly because by Protestation that in the said Information there is nothing contain'd material or sufficient in the Law to which Information they have no necessity nor by the Law of the Land they ought to be held in any manner to Answer nevertheless for Plea for as much as the Liberties Priviledges and Franchizes following viz. They the said Mayor and Commonalty and Citizens of the City of London to be of themselves one Body Corporate and Politick in matter fact and name by the Name of Mayor and Commonalty and Citizens of the City of London and by that Name to Plead and be Impleaded to Answer and be Answered in the Information above specified the said Mayor Comonalty and Citizens of the City of London say That our said Soveraign Lord the King that now is ought not by occasion thereof to Impeach or undoe them because he saith That the said City of London is and from which time beyond the memory of Man was an Ancient City and that the Citizens of the said City are and from that time out of mind were one Body Corporate and Politick in Matter Fact and Name by the name of Mayor and Commonalty and Citizens of the City of London and by that Name during that time have Pleaded and were Impleaded have Answered and were Answered and to Plead and be Impleaded to Answer and be Answered and during the time aforesaid have been used and accustomed And that in the Great Charter of the Liberties of England in the Parliament of our Soveraign Lord Henry the Third sometime King of England at Westminster in the County of Middlesex in the Ninth Year of his Reign held made and provided it is contained That the Citizens of London should have all their ancient Liberties and Customs And the said Mayor and Commonalty Citizens of the City of London further say That the Lord Edward the Third sometimes King of England in his Parliament at Westminster in the County of Middlesex in the First Year of his Reign held by which his Charter with the consent of the Prelates Earls Barons and the whole Commonalty of his Realm in his said Parliament at Westminster aforesaid were Assembled And by the Authority of the said Parliament was then Confirmed to the Citizens of the City of London aforesaid the Liberties following amongst other things to hold to themselves and their Successors for Ever first of all in reciting That whereas in the Great Charter of the Liberties of England it is contained That the City of London should have all their ancient Liberties and Customs And that the said Citizens at the time of making the said Charter and in the times of King Edward the Confessor and of William the Conquerour and other Progenitors of the said King Edward in diverse Liberties and Customs have had not only by the Charters of their Progenitors but also of other Charters of ancient custom the said King Edward the Third did give and grant for himself and his Heirs by those Charters by the Authority aforesaid that the said Citizens shall have their Liberties according to the form of the Great Charter aforesaid And that for any personal Transgression or personal Judgment of any Officer of the said City the Liberty of that City shall not be taken into the hands of King Edward the Third or his Successors but such Officer for such Offence shall be required and punished as by the said Charter bearing date at Westminster aforesaid the sixth day of March in the first Year of the Reign of the said King Edward the First under his Great Seal of England brought here in Court among other things more fully doth appear
And the said Mayor Commonalty and Citizens of the City of London further say That at the instance and at the request of the Commonalty of the Realm of England in the Parliament of our said Lord Richard the Second late King of England after the Conquest at Westminster aforesaid in the seventh Year of his Reign held and assembled for the greater quiet and peace among the Subjects of the late King and for the publick good all Customs Liberties Priviledges and Franchises of the said City then to the Citizens of that City and their Successors although they have not been used or abused have been ratified and confirmed by the Authority of the said Parliament And that our Lord Henry the Sixth late King of England by his Letters Patents sealed with his Great Seal of England bearing date at Westminster aforesaid the sixth day of October in the Twenty third Year of his Reign which the said Mayor Commonalty and Citizens of the City of London brings here in Court for their Heirs and Successors did confirm to the Mayor and Commonalty and to the Citizens of the City of London and their Successors all and singular their Liberties Franchizes and free Customs so whole and untouched in any time of the Progenitors of the late King Henry the Sixth when as more freely and better they had the same as by the said Letters Patents among other things more fully appears And that our Lord Edward the Fourth late King of England by his Letters Patents under his Great Seal of England bearing date at Westminster aforesaid the Ninth day of November in the Second Year of his Reign which the said Mayor and Commonalty and Citizens of the City of London brings here in Court for themselves and their Heirs did confirm to the Mayor and Commonalty and to the Citizens of the City of London and their Successors for ever all and singular their Liberties Franchizes and free Customs so whole and untouched like as to them in any time of the Progenitors of the said late King Edward the Fourth they have had and held more quiet and free And further the said late King Edward the Fourth by his Letters Patents did grant to the said Mayor and Commonalty and to the Citizens that although they or their Predecessors or the Mayor and Aldermen of the said City or their Predecessors before or succeeding then from thence after any or to any Liberties did quietly grant the Order of Articles or free Customs or of any other in the said Letters Patents of the said late King Edward the Fourth or other his Letters Patents contained or of his Progenitors sometime Kings of England to the Mayor and Commonalty did grant in any Case arising albeit they have not been fully used or abused Notwithstanding the said King Edward the Fourth was unwilling that for this they the Mayor and Commonalty Aldermen and Citizens or their Successors should incur the forfeiture of the Premises but that they and their Successors all and singular the Liberties Freedoms Grants Ordinations in the Articles free-Customs and whatsoever else in the Charters and Letters aforesaid contained the like not used or also abused and every of them from thence of the rest fully and freely may use and enjoy without the Impeachment or Impediment of the said late King or his Heirs of the Justices Escheators Sheriffs any other Bayliff or Officer of the said late King or any other whatsoever as by the said Letters Patents of the said late King Edward the Fourth brought here in Court among other things more fully appeared And that the late King Henry the Seventh by his Letters Patents under his Great Seal of England bearing Date at Westminster aforesaid the 23 d. Day of July in the 20th Year of his Reign which the said Mayor and Commonalty and Citizens of the City of London brings here in Court for themselves their Heirs and Successors did ratifie and confirm to the Mayor and Commonalty and Citizens of the City of London and their Successors all and singular the Liberties Priviledges Freedoms and Free Customs which they the said Mayor Commonalty and Citizens or their Predecessors have been accustomed to have exercise or enjoy or have been used or accustomed so fully plainly and wholly as if all and singular the several words in the said Letters Patents were and have been expressed declared and manifested as by the said Letters Patents among other things more fully appears And the said Mayor and Commonalty and Citizens of the City of London further says That the late King James by his Letters Patents under his Great Seal of England bearing Date at his Honour of Hampton-Court the 24th day of September in the 6th Year of his Reign which the said Mayor and Commonalty and Citizens of the City of London brings here in Court by reciting that whereas many others of his Predecessors sometime Kings of England of his special Grace for the many acceptable laudable and continued Services by the Mayor and Commonalty and Citizens of the City of London and their Predecessors in times past done and unrewarded also for divers other urgent Causes and considerations them severally moving did give grant and confirm to the Mayor and Commonalty and to the Citizens of the City of London and their Successors divers Liberties Priviledges Franchizes Immunities Authorities Jurisdictions Ordinances Customs and Freedoms as by the several Letters Patents of the Progenitors and Predecessors of the said late Kings of England more fully and manifest it doth and may appear The said King James for and in consideration of the great Fidelity Constancy and very late and laudable Service by the Mayor and Commonalty and Citizens of the City of London aforesaid to the late King of this Realm in his first coming to this Realm and continuing until then manifested and most faithfully done and unrewarded all and singular Letters Patents Charters and Confirmations of his most noble Progenitors and Predecessors to the said Mayor and Commonalty and Citizens of the City of London aforesaid and their Successors by what name soever incorporated before that time made granted or confirmed and all and singular Donations Grants Confirmations Restitutions Customs Ordinances Explanations Articles and all other things whatsoever in whatsoever Letters Patents or Charters whatsoever of the Progenitors Predecessors or Ancestors of the said Kings of England also all and singular in the said Letters Patents Charters Concessions Confirmations or any of them contained recited specified confirmed or explained And all and singular Jurisdictions Authorities Priviledges Liberties Franchizes Freedoms Immunities free Customs and Hereditaments whatsoever which the Mayor and Commonalty and Citizens of the City of London or their Predecessors by the Name of the Mayor and Commonalty and of the Citizens of the City of London or by the Name of the Mayor and Aldermen of the City of London or by the Name of the Mayor Citizens and Commonalty of the City of London or by the Name of Mayor and
Retorne all Writs Bills and Precepts of our said Lord the King for the Administration and Execution of Justice within the said City and County of the said City to perform and do what shall appertain or belong to the Office of Sheriff and also to do and perform and all and singular others within the said City and County of the same which shall appertain to or belong to the Office of Sheriff also to serve as Sheriff for the County of Middlesex and all Writs Bills and Precepts of our Lord the King within the said County of Middlesex for the Administration and Execution of Justice there to perform and make return thereof which belongs or appertains to the Office of Sheriff Say our said Lord the King ought not to impeach or hinder them the Mayor Commonalty and Citizens of the City of London by occasion thereof because they say that the City of London is and time out of mind hath been an ancient City and County of themselves And that the said County of Middlesex by the time aforesaid hath been and is an ancient County And that the Citizens of the said City are and from which time beyond the memory of Man hath been one Body Corporate and Politick not only by the Name of Mayor and Commonalty of the Citizens of the City of London but also by the Names of the Citizens of London And that King John some time King of England by his Letters Patents under his Great Seal of England bearing date at his good Town upon Tokam the fifth day of July in the First Year of his Reign which the said Mayor and Commonalty and Citizens of the City of London brings here in Court did grant to the Citizens of London aforesaid Sheriffs of London and Middlesex with all things and Customs which did appertain and belong to the said Sheriffs within the City and without by Land and by Water to have and to hold to them for Ever And besides that the said King John by his said Letters Patents did grant to the said Citizens of London that they of themselves should make Sheriffs whomsoever they would and amove them when they pleased as by the said Letters Patents among other things more fully appears And that in the Great Charter of the Liberties of England in the Parliament of our Lord Henry the Third sometime King of England at Westminster in the County of Middlesex in the Ninth Year of his Reign held made and provided it is contained that the City of London should have all their ancient Liberties and Customs And the said Mayor Commonalty and Citizens of the City of London further say that the said King Henry the Third by his Letters Patents under his Great Seal of England bearing date at Westminster aforesaid the Eighteenth day of February in the Eleventh Year of his Reign which the said Mayor and Commonalty and Citizens of the City of London brings here in Court did confirm to the Citizens of London Sheriffs of London and Middlesex with all things and Customs that did belong to the said Sheriffs within the City and without by Land and by Water as by the said Letters Patents among other things more fully appears And that King Edward the Third in his Parliament at Westminster held in the County of Middlesex in the First Year of his Reign by his Charter with the assent of the Prelates Earls Barons and the whole Commonalty of this Realm in his said Parliament at Westminster being assembled and by Authority of the said Parliament did then confirm to the Citizens of the City of London the said Liberties following among other things to have to themselves and Successors for Ever First in reciting that whereas in the Great Charter of the Liberties of England it is contained that the City of London should have all their ancient Liberties and Customs And that the said Citizens at the time of making the said Charter and in the times of King Edward the Confessor and William the Conqueror and other the Progenitors of the said King Edward the Third divers Liberties and Customs not only by the Charters of their Progenitors but also without Charters of ancient Customs have had the said King Edward the Third did will and grant for himself and his Heirs by the authority of those Charters that the said Citizens should have their Liberties according to the Form of the Great Charter above-mentioned And that for any Personal Offence or Personal Judgment of any Officer of the said City their Liberties should not be taken into the hands of the said King Edward the Third or his Heirs but of such Officer the like Offence should be required of and punished as by the said Charters bearing date at Westminster aforesaid the Sixth day of March in the First Year of the Reign of the said King Edward the Third under his Great Seal of England here brought into Court among other things more fully may appear And the said Mayor Commonalty and Citizens of the City of London further say that at the instance and request of the Commons of England in the Parliament of King Richard the Second after the Conquest at Westminster aforesaid in the Seventh Year of his Reign held and assembled for the greater quiet and peace of his Subjects to maintain and for the publick good all Customs Liberties Priviledges and Franchises of the said City then to the Citizens of that City and their Successors although they have not been used or abused was ratified and confirmed by the Authority of the said Parliament And that the late King Henry the Sixth by His Letters Patents under his Great Seal of England bearing Date at Westminster aforesaid the 26th day of October in the 23 d. Year of his Reign which the said Mayor and Commonalty and Citizens of the City of London brings here in Court for themselves their Heirs and Successors did confirm to the Mayor and Commonalty and to the Citizens of the City of London and their Successors all and singular their Liberties Franchizes and Free Customs so intire and unmolested like as in any time of the Progenitors of the said King Henry the Sixth they evermore quietly and freely have had and held as by the said Letters Patents among other things more fully may appear And that King Edward the 4th by his Letters Patents under his Great Seal of England bearing date at Westminster aforesaid the Ninth day of November in the Second Year of his Reign which the Major and Commonalty and Citizens of the City of London brings here in Court for themselves and their Heirs did confirm to the Mayor and Commonalty and Citizens of the City of London and their Successors for Ever all and singular their Liberties Franchizes and Free Customs so intire and untouched like as in any time of the Progenitors of the said King Edward the 4th more quietly and freely they ever had and held And further the said King Edward the Fourth by his Letters