l. 3. s c 6. Touching the Lord Mayor of London I shall present to the Reader these particularities worthy of his observation sc 1. That the Citizens or Burgesses of London were before and after the conquest governed by Port-graves or Port-greves until the Reign of Rich. I. by whose Charter they were governed by two Bailiffs Co. 4. Instit 253. and yet King R. in the first year of his Reign appointed them a Mayor who continued therein until the eighth year of King John and then King John appointed them a Mayor And forasmuch as sometimes the Mayor appointed by the King was no Citizen of London King John in the tenth year of his Reign granted to the Citizens Liberty And Authority to choose de seipsis a Mayor c. And so it continueth unto this day Thus far Sir Edward Coke and to the same effect are the words of Mr. Stow in his survey of London King William the Conqueror sayes he found a Port-Reve at London whose name was Godfrey and his office was no other then the charge of a Bailiff or Reve as by the self same continuing yet at Gravesend and certain other places may well appear But the Normans using their owne Language called him sometimes a Provost and sometimes a Bailiff whatsoever his name and Office were he was Perpetuus Magistratus given by the Prince and chosen by the Citizens as it seemeth for what time King Ric. I. needed money towards his expedition in the Holy Land they first purchased of him the liberty to choose yearly from amongst themselves two Bailiffs and King John his successor at the like suit changed their Bailiffs into a Mayor and two Sheriffs Co. 3. Inst 73 2. That the Lord Mayor ought to be principal in all Commissions of felony c. Perpetrated within the City of London by the charter of the City Co. 4. Inst 250. 3. That in all Commissions touching the water of Ley the Lord Mayor of London is alwaies one 4. H. 7. C. 15. 4. That the Lord Mayor of London for the time being hath the conservation and rule of the water and River of Thames 49. E. 3.16 a. Cro. 2. part f. 531. 5. That his Lord-ship is perpetual Coroner and also Escheator within the City of London Bulstrods Rep. 3. part f. 21. 6. That the Lord Mayor of London is chief Butler to the King at his Coronation And in 1. H. 4. this was so allowed unto him when Fitz-Allen was Lord Steward who then allowed this unto him 21. E. 4.14 7. That if the Commonalty of the City do choose a Mayor at the Feast of St Michael in the absence of the ancient Mayor t is a voyd Election Stow. 8. That there be certain Officers appertaining to the Lord Mayors house and they are these following The Sword Bearer the Common Hunt the Common Cryer the Water-Bayliff Esquires four Sergeants Carvers 3. Sergeants of the Chamber 3. Sergeant of the Channel Yomen of the Waterside 4. under-Bayliffs Yeomen of the Chamber two Meale-Weighers 3. Yeomen of the Wood-Wharfs two Gentlemens men 7. The Sword-Bearers Man Common Hunts men 2. Common Cryers man Water-Bayliffs men 2. The Carvers man Whereof nine of these have Liveries of the Lord Mayor viz. The Sword-Bearer and his Man the three Carvers and the four Yeomen of the Water-side All the rest have their Liveries from the Chamber of London 9. That there are dayes of Mendance the Fellow-ships do give to the Lord Mayor at his going to Pauls and they are in number 7. viz. 1. Alhallowen day Stow. 2. Christmass day 3. St Stevens day 4. St Johns day 5. New years day 6. Twelf day 7. Candlemas day To conclude as touching this grand officer Stow in his Annalls reporteth that Henry Picard vintner Mayor of London in one day did sumptuously Feast Edw. III. King of England John King of France the King of Cyprus David King of Scots and Edward Prince of Wales 2. The Aldermen IN relation to Aldermen three things are worthy of notice sc 1. The Etymology of the words Alderman and Senator An Alderman is among the Romans Laticlavius Senator and Optimas An Alderman from the Saxon word Ealderman i. e. Senex quod Senes solummodo illum dignitatis gradum accipiant Hence among the Latins he is called Senator Gothofredus tells us that Senatores dicti non sunt ab assentiendo as Hugolinus and Bartolus suppose but à senili aetate or à virtute for heretofore Senes apud Romanos Viri optimi appellati sunt Olim apud Britones sayes one temporibus Romanorum in regno isto Britanniae vocabantur Senatores qui postea temporibus Saxonum vocabantur Aldermanas non propter aetatem sed propter sapientiam dignitatem cùm quidam adolescentes essent Jurisperiti tamen super hoc experti 2. Their election The Aldermen of London were changed by election every year until 28. E. 3. Then it was ordered that they should not be removed without some special cause Co. 4. Inst 253. But Rot. Parl. 17. R. 2. nu 25. it is enacted that the Aldermen of London shall not from thenceforth be yearly chosen but remain till they be put out for reasonable cause notwithstanding the Ordinances of Ed. II. Ric. III. And so it still continueth Yearly on the Feast of St Michael the Arch-Angel on of these Aldermen is elected to be Mayor Stow. for the year following to be begun on the 28. of October the other Aldermen his brethren are to him assistents in Counsels Courts c. With what has been said agrees the Description given by another Author that I have read Aldermannus Civitatis Londinensis saies he est unus ex Senatu Civitatis cui Regimen Civitatis praecipuè incumbit ex quorum numero praefectus annuus eligitur 3. The priviledge of these Aldermen in respect of offices in the Countrey which will appear by this following case John Abdy Alderman of London having a House at .... in the County of Essex where it was pretended that Constables should be elected out of the Inhabitants in every house by presentment every year in Leet of Sir William Hickes Lord of the said Manor and Leet the said Alderman Abdy by the name of John Abdy Esquire was nominated in a Leet such a day Cro. 3. part Alderman of London's case to be Constable for the year following and because he refused the Steward of the Court imposed a fine upon him and denyed him any priviledge to be freed by reason of his being Alderman of London whereupon this being suggested It was moved to have a writ out of the Kings Bench directed to the Lord of the said Manor to his Steward to discharge him because he being an Alderman of London ought to be there resident the greatest part of the year and if absent is fineable and all the Court of the Kings Bench held that he ought to be discharged by his priviledg
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
both sides be houses builded so that it seemeth rather a continual street then a bridge for the fortifying whereof against the incessant assaults of the River it hath Overseers and Officers viz. Warders and others SECT IX Of the Gates of this praecellent City LEt us now come to the Gates of this City Cambden in his Britannia speakes thus of them On the West-side sayes he there be two to wit Lud gate Lud-gate of King Lud or Flud-gate as Lelandus is of opinion of a little flood running beneath it built again of Late from the very foundation New-gate and New-gate the fairest of them all so called of the newness thereof whereas before it was termed Chamber-Laugate which also is the publique Goal or Prison On the North-side are four Alders-gate Alders-gate of the Antiquity or as others would have it of Aldrich a Saxon. Criple-gate Creeple-gate of a Spittle of Lame Creeples somtimes adjoyning thereunto Moore-gate of a Moory ground hard by now turned into a field Moore-gate and pleasant walks which gate was first built by Falconer Lord Mayor in the year of our Lord 1414. Bishopsgate of a Bishop which gate the Duch Merchants of the stilyard were bound by Covenant both to repair Bishops-gate and also to defend at all times of Danger and extremity On the East side there is Ald-gate alone Ald-gate so named of the oldness or Elbe-gate as others terme it which at this present is by the Cities charge re-edifyed It is thought sayes he that there stood by the Thamis beside that on the Bridge two Gates more namely Belins-gate Belins-gate a wharfe now or a Key for the receipt of Ships and Doure-gate that is Dow-gate the Water-gate commonly called Dow-gate These Gates in Latine are called portae à portando from carrying and lifting the plough and it was upon this occasion In the building of Cities the founders thereof did usually consult with their Gods in their Augural Observations Godw. Antiq. lib. 1. sect 1. c. 7. after which observations they marked out the place where the Wall of the City should be built by plowing up the ground and because they left that space of ground unplowed lightly lifting the plow over it where they appointed the gate of the City thence à portando from carrying and lifting the plough they called the Gate Porta Both the Gates and Walls of Cities were looked upon as sacred things among the Romans for the Civil Law Text speakes thus Sanctae res veluti muri Just 9. ◠◠portae Civitatis quodammodo Divini Juris sunt ideo nullius in bonis sunt Ideo autem muros sanctos dicimus quia poena capitis constituta est in eos qui aliquod in muros deliquerint Vide D. 1.8.11 Siquis muros violaverit SECT X. Of the Tower of London FOr the Description and use of this Tower we shall make bold with Cambden and Stow. The former describes it after this manner It is a most famous Cambden and goodly Citadel encompassed round with thick and strong walls full of lofty and stately Turrets fenced with a broad and deep ditch furnished also with an Armory or Magazin of Warlike Munition and other Buildings besides so as it resembleth a big Town The latter sayes thus This Tower is a Citadel to defend or command the City a Royal place for Assemblies and Treaties A Prison of estate for the most dangerous offenders Stow. the only place of Capnage for all England at this time the Armory for Warlike provision the Treasury of the Ornaments and Jewels of the Crown and general Conserver of the most antient Records of the King's Courts of Justice at Westminster The Chief Keeper of this same Fortress is stiled by the name of Constable And his Deputy is called Lieutenant of the Tower and at this very time the former officer is the Right Honourable the most loyal and valiant person James Earl of Northampton the latter is the Right worshipful and most loyal person Sir John Robinson who has been likewise Lord Mayor of London SECT XI Of the Cathedral of London THere are worthy of our notice in relation to the famous Cathedral Church of London these five things 1. The Founder of this Church Aethelbert King of Kent under whom Sebert reigned in this tract of Ground Stow as it were his vassal and by courtesie founded here a Church and Consecrated it to S. Paul and about the year of Christ 610. he gave thereto Lands and so did afterward Athelstan Edgar Edward the Confessor and others also 2. The Magnificence of its Building Anno 1086. William of Malmesbury informeth us That the beauty of St. Pauls Church is so magnificent that it deserves to be numbered in the Rank of excellent Edifices so large is that arched Vault underneath and the Church above it of such Capacity that it may seem sufficient to receive any multitude of people whatsoever 3. The Dimensions of this Fabrick in point of Longitude Latitude and Altitude St. Pauls Church sayes Cambden out of an old writer containeth in length 690. foot the breadth thereof is 130. foot the height of the west arched Roof from the ground carryeth 102. foot and the new Fabrique from the ground is 88. foot high The stone work of the steeple from the plain ground riseth in height 260. foot and the Timber frame upon the same is 274. foot high c. Stow thus the height of the Steeple was 520. foot whereof the stone work is 260. foot and the Spire was likewise 260. foot the length of the whole Church is .240 Taylers yards which makes 720. foot the breadth thereof is 130. foot and the height of the body of the Church is 150. foot 4. The Governors of this Church This Church hath a Bishop a Dean a Praecentor Stow. a Chancellor and a Treasurer five Archdeacons viz. of London of which place he that now is the Archdeacon is my ever honoured Tutor Doctor Lamplugh Dean of Rochester Prebend of Worcester and one of his Majesties Chaplains in ordinary Middlesex Essex Colchester St Albons It hath likewise 30. Prebendaries Canons 12. Vicars Corals six c. Note Stow. that the Colledge of Petty Canons there was founded by King R. II. in honor of Queen Anne his wife and of her Progenitors in 17. of his reign In the year 1408. the Petty Canons then building their Colledge the Mayor and Commonalty of this Celebrious City granted them their water courses and other easements 5. The sad Accidents that have befaln this famous Church at several times In the year 1087. this Church of St Paul was burnt with fire and therewith the most part of the City which fire began at the entry of the West-gate and consumed the East-gate Mauritius then Bishop began therefore the foundation of a new Church of St Pauls In the year 1444. the Steeple of Pauls was fired by Lightning in
and although it was said he might execute it by Deputy and his personal Attendance is not requisite by the custome of the sad Mannor yet non allocatur whereupon the said priviledg was awarded 3. The Recorder A Recorder is he whom the Mayor or other Magistrate of any City or Town Corporate having jurisdiction or a Court of Record within their precincts by the Kings grant doth associate unto him for this better direction in matters of Justice and proceedings according to Law Thus much in general of the Recorder-ship of any City or Town but more particularly we say That the Recorder of London is the person whom the Lord Mayor and Aldermen do associate unto them for their better direction in matters of Justice and proceedings according to Law and therefore he ought to be a grave and Learned Lawyer well seen in the Common Law and skillful in the Customs of the City and such a one indeed is that honourable and very grave person Sir John Howell a member of the Royal Society of Lincolns Inne who at this very time is Recorder of this most glorious City The Recorder of London takes place in Councils Stow. and in Courts before any man that hath not been Lord Mayor and learnedly delivers the Sentences of the whole Court By the Stat. of 23. H. 8. c. 6. the Mayors of the Staple at Westminster and the Recorder of the City of London joyntly together have full authority to take Recognizances for the payment of debts in the absence of the Chief Justices out of Term. 32. E. 1. Geoffry Hertilepole Alderman was elected to be Recorder of London and took his Oath and was appointed to wear his apparel as an Alderman 4. The Sheriffs BEfore I speak in particular of the Sheriffs of London I shall present to the Reader several Queries with resolutions given unto them out of our books of Law touching Sheriffs in general For the better Information of all such Officers through the whole Kingdom Quaere 1. Whence the word Sheriffs is derived Resp Sheriff is a word compounded of two Saxon words viz. Shire and Reve Shire Satrapia or Comitatus cometh out of the Saxon verb Shiram i. e. partivi for that the whole Realm is parted and divided into Shires Co. Litt. 168. a. And Reve is praefectus or praepositus so as Shireve is the Rive of the Shire Praefectus Satrapiae Provinciae or Comitatus And he is called Praefectus because he is the chief officer to the King within the Shire for the words of his patent be Commissimus vobis custodiam Comitatus nostri c. Quere 2. How a Sheriff was Quere 2. and is to be elected Resp It is to be known that the office of a Coroner ever was and yet is eligible in full County by the Freeholders by the Kings writ de Coronatore eligendo and the reason thereof was for that both the King and the County had a great interest Co. 2. Inst fol. 174. 175. 558. 559. and benefit in the due execution of his office and therefore the Common Law gave the Freeholders of the County to be electers of him And for the same reason of ancient time the Sheriff called Vice-Comes who had Custodiam Comitatus was also eligible for first the Earl himself of the County had the office of the Sheriff of the County and when he gave it over the Vice-Comes as the word signifieth came instead of the Earl and was eligible by the Freeholders of the County but this way by election is altered by divers Acts of Parliament 14. E. 3 c. 7.23 H. 6. c. 8.12 R. 2 c. 3. viz the Act. of 9. E. 2. Lincolne de Vice-Comitibus 14. E. 3.12 R. 2. 23. H. 6. vide the Statuts themselves Quaere 3. Whether the Day of the Billing of Sheriffs may be deferred from the usual day Resp Upon the sixth of November the Term of Michael 16. Car. Regis the Lord Keeper of the great Seal the Lord Treasurer the Lord privy Seal Earl of Arundel Earl Marshall the Earl of Pembrok Lord Chamberlin Cro. 3. part Terme Mich. 16. Car. Regis in Banco Regis the Lord Cotington Chancellor of the Exchequer were assembled in the Exchequer Chamber to nominate three persons of every County throughout England to be presented unto the King that he might prick one of them to be Sheriff of every County which is usually done according to the Statute upon the 3. of Nov being Crastino animarum But because it was the first day of Parliament and the Lords were to attend the King It was resolved by the advise and resolution of the Major part of the Justices with whom Conference was had in this cause that it might be well put off to another day And the Lord Keeper notwithstanding the Statute deferred it until this day Quaere 4. In what the office of the Sheriff doth consist Resp It belongeth to the Sheriff to serve the Kings writs of process be they summons or Attachments to compell men to answer to the Law and all writs of execution of the Law according to judgments of superior Courts for taking mens goods Lands or bodies as the cause requireth and by the Order of the Common Law and Statutes of the Realm he may for the better execution of his Majesties writs and process of Law after resistance take posse Comitutus He is to return indifferent Juries for the Tryal of mens Lives Liberties Lands and Goods He ought to see that the publique Peace be kept which is the Life of the Commonwealth and therefore he is said to be Principalis Conservator Pacis within the County It is his duty to gather the publique monies and profits of the Prince in his County to collect and bring into the Exchequer all fines imposed even by distreining He is to see condemned persons executed To conclude he is to determine and examine certain smaller pleas Civil and Criminal the former are decided in the County Court the latter in his Court called the Town Quaere 5. If one be in the Sheriffs Custody by process of Law and then another writ is delivered to apprehend the body of the party that is already in Custody whether he be in Custody by vertue of the second writ without an Actual Arrest Resp It was adjudged Co. Lib. 5. Frosts case f. 89. that when a man is in Custody of the Sheriff by process of the Law and afterward another writ is delivered unto him to apprehend the body of him who is already in Custody Immediatly he is in Custody by force of the second writ by judgment of Law although he make no actual Arrest of him for to what purpose should the Sheriff arrest the party that is already in Custody and Lex non praecipit inutilia quia inutilis Labor est stultus Quaere 6. Whether a Sheriff Bailiff c. may arrest one without shewing the warrant Resp It was adjudged Co. Lib. 9. Mackaleyes
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
of 3 H. 7. c. 1. he has given him a Fee of thirteen and four pence upon the view of the Body of the goods of the murderer c. 1. H. 8. C. 7. But if the Coroner sit upon the view of any slain by misadventure he shall have nothing 7. His Jurisdiction and Authority As the Sheriff in his Tourn may inquire of all Felonies by the Common Law saving the death of Man so the Coroner can enquire of no Felony but of the death of Man and that super visum Corporis He hath authority solely to take an Indictment super visum corporis Co. 2. Inst f. 32. Co. 4. Inst f. 271. and to take an Appeal and to enter the Appeal and the County But he can proceed no further either upon the Indictment or Appeal but to deliver them over to the Justices He hath power to bind over Witnesses to the next Goal delivery in that County whereof he is a Coroner Besides his judicial Place he hath also Authority ministerial as a Sheriff hath viz when there is just exception taken to the Sheriff Co. 4. Inst f. 271. judicial process shall be awarded to the Coroners for the Execution of the Kings Writs in which Case he is Locum tenens Vice-comitis and in the same special Case the Kings Original Writ shall immediately be directed unto him But the Quaere may be if one person be Coroner both of the Kings House and County whether an Indictment taken before him alone may be good and valid in our Law It s answered that an Inquisition taken before B. Coroner of the Palace Royal Co. 3. Inst 134 and of one of the Coroners of Middlesex is well taken and within the Statute of Articuli super Chartas c. 3. Co lib 4 Wrote and wigges Case Though the Statute requires two persons for the intent of the Act is performed and the mischief recited avoided for though the Court removes yet he may proceed as Coroner of the County And the Rule of Law is Quando duo Jura concurrunt in una persona aequum est ac si essent in diversis Thus much of the Coroner as to his Antiquity Election Dignity Fees and Jurisdiction 9. Of the Deputy Escheator THe Lord Mayor as he is Coroner so likewise is he Escheator within the famous City of London and appoints one alwayes as a Deputy Escheator who is to act within the verge of this City as Escheators do in the several Counties of England These Escheators are to look to all Escheates and other Casualties belonging to the Crown and certifieâ— them into the Exchequer Note In ancient time there were but two Escheators in England the one on this side of Trent and the other beyond Trent at which time they had Sub-Escheators But in the Reign of King Edward 2. the Offices were divided and several Escheators made in every County for life c. and so continued till the Reign of Edward 3. And afterwards by the Statute of 14. E. 3. it is enacted that there should be as many Escheators assigned as when King Edward 3. came to the Crown Vide 14 E 3. c. 8.1 H. 8 c. 8.3 H. 8 c. 2. and that was one in every County and that no Escheator shall tarry in his Office above a year And by another Statute to be in Office but once in three years the Lord Treasurer nameth him 10. Of the Constables within this Renowned City COnstable or Cunstable is compounded of two Saxon words C 4. Inst f 123. Cunning per contractionem King and Stable i. e. Columen quasi columen Regis anciently written Cuningstable This Office is ancient here in England and mentioned by Bracton seeming to answer him that was called amongst the Romans Tribunus celerum and afterward Magister Equitum This word Constable is diversly used in our Common Law And first The Constable of England who is also called Marshal of whose Authority and Dignity a man may find many arguments and signs as well in the Statutes as in the Chronicles of this Realm his sway consisteth in the care of the common Peace of the Land in deeds of Arms and matters of war Out of this Magistracy were drawn these lower Constables which we call Constables of Hundreds and Liberties and first ordained by the Statute of Winton 13. Ed. 1. which appoints for the conservation of the Peace and view of Armour two Constables in every Hundred and Liberty and these be at this time called High Constables because the increase of People and Offences hath again undet those made others in every Town called Petty Constables who are of the like nature but of inferior Authority to the other Besides these there are Officers of particular places called by this name as Constable of the Tower Constable of the Exchecquer Constable of Dover Castle Constable of Windsor and the now Constable of the famous Castle of Windsor is his Highness Prince Rupert Duke of Cumberland a Person most renowned not onely for his brave conduct and fortitude in martial affairs both by Sea and Land but also for his great zeal and Love shewn abundantly in defence of the Protestant Religion For the derivation and divers acceptation of the word Constable I proceed to shew what Authority pety Constables have in Cities Towns and Villages according to our Law If any be threatened 4. E. 3. Bar. 102. upon complaint to the Constable he may enforce the Party to put in a Surety and if he do not commit him to Prison till he hath found a Surety A Constable may arrest one which makes an Assault 21 H 4.21.5 H. 7.6 though it be of himself A Constable can take an Obligation to keep the Peace Kitchin but he cannot take a Recognizance 12 E 4.35 The Constable may arrest one that makes an affray and carry him to the next Jail till he find surety of the Peace but not imprison him in his house or put him in the Stocks unless it be in the night that he cannot carry him to the Jayl for any other reasonable cause The Constable may search for suspicious persons and may arrest night walkers 2 E. 4.9 The Constable may search suspicious Bawdy Houses where women of ill same are and may arrest suspected persons 3 H 7.10.13 H. 7.10 which walk in the night and sleep in the day or keep suspicious Company and if he be not of power he may have aid of his neighbours by the Law 38. H. 8. Tit. False Judgement 6. It is said That a Constable cannot arrest for a Fray after it is done without a warrant but before it be done or whilst it is doing he may 3 H. 7.1 A Constable may take the power of the County where there is a Fray and especially to take Felons If a man be strucken and in peril of death the Constable ought to arrest the Offender and to keep him in Prison till it be known
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