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A29941 Camera regis, or, A short view of London containing the antiquity, fame, walls, bridge, river, gates, tower, cathedral, officers, courts, customs, franchises, &c. of that renowned city / collected out of law & history and methodized for the benefit of the present inhabitants by John Brydall ... Brydall, John, b. 1635? 1676 (1676) Wing B5253; ESTC R2537 44,312 135

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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
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
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