Mayor and the Aldermen descend again and confirm the Elections Then the Recorder making them a Speech of thanks the meeting ends Now touching the Hustings which we have mentioned so often it is the ancient'st and highest Court of the City of London Touching the Etymology of it it is a pure Saxon word and is derived of House and dhing or thing which among the Saxons signified a Cause or Plea in so much that Hustings is no other then the House of Causes or Pleading and Thingere was the ancient word for a Lawyer or Pleader This Court preserves the Laws Rights Franchises Customs and Dignities of the City There be handled also there the intricat'st accounts and Pleas of the Crowns and of the whole Kingdom which Court hath for many Ages conserv'd inviolably its own Prerogatives and Customs This Court was anciently held every Munday but it was chang'd of late years into Tuesday because of the Sheriffs intending the Market which being kept upon Munday would hinder their sitting in the Hustings Edward the Confessors Lawes refer much to this Hustings Court Moreover the Cities oâ— York Winchester Lincoln the Isle of Shepey and other places have had their Hustings There is also another Court peculiar to London which discovers as much of Charity as of Policy It is call'd the Court of Requests or the Court of Conscience It was first erected by an act of Common-Councel Anno 9. Henry 8. viz. That the Lord Mayor and Aldermen for the time being should monthly assign two Aldermen and four discreet Commoners to sit twice a week to hear and determine all matters brought before them betwixt Free-men where the due debt or dammage did not exceed 40S Afterwards the said number of Commissioners was encreased to the number of twelve which continued till the end of Q. Elizabeths Reign But primo Iacobi it was confirm'd by Act of Parliament That the said Commissioners should have power to exhibit an Oath and to commit to prison such as did not obey their Summons or perform the Orders they made betwixt Plaintiff and Defendant Debitor or Creditor touching any debt not amounting to forty shillings but such hath been the unconscionablenesse and malice of some men of late times that they have endeavour'd to overthrow the the said Court by cavilling at some doubtful words therein wresting them to a perverâ—e sense the rich might have power thereby to oppresse the poorer sort by bringing them to Westminster Hall to a further expence of time and trouble There is then the Court of the Lord Mayor and the Aldermen which is a Court of Record the Recorder and the two Sheriffs being Aldermen not else are members of this Court whose office it is to redresse and correct the errors defaults and misprisions which happen in the Government of the City This Court is kept Tuesdays and Thursdays throughout the year Then are the two Courts of the Sheriffs one for every Counter whereof there are two Lawyers as Judges well read in the Customs of the City as well as the common Laws but if an erroneous judgment be given before the Sheriffs the party griev'd may sue a Writ of error and remove it to the Hustings Then is the Court of Orphans For the Mayor and Aldermen by Custome have the custody of the Orphans within the City and if they commit the Custody of the Orphans to another man he shall have a ravishment of ward if the Orphan be taken away it being enacted that the Mayor and Chamberlain of London for the time being shall have the keeping of all the Lands and Goods of such Orphans as happen within the City saving to the King and other Lords their Rights of such as hold of them out of the same Liberty Now the Chamberlain is a sole Corporation to himself and his Successors for Orphans and a Recognizance made to him and his Successors touching Orphans shall by custome go to his Successor Moreover the Government of Orphans is so invested in the Mayor that it any Orphans sue in the Ecclesiastical Court or else-where for a Legacy or duty due to them by the Custome a Prohibition doth lye Then is there the Court of Common Councel which hath some resemblance of the high Court of Parliament for it consists of two Houses viz. the one of the Mayor and Aldermen and the other of the Commoners of the City Here they make Constitutions and Laws for advancement of Trade and regulation of other things which bind the whole City There is then the Court of the Chamberlain for Apprentices Now one may be free of London three manner of wayes first by Service secondly by Birth-right being sonne of a Freeman And thirdly by Redemption by Order of the Court of Aldermen The Chamberlain of London is an Officer very considerable in point of power for without him no man can set up shop or occupy his Trade without being sworn before him No man can set-over an Apprentice to another but by his Licence He may imprison any that disobeys his Summons or any Apprenrice that mildemeans himself or punish him otherwise There are the Courts of the Coroner and the Escheator which both belong to the Lord Mayor he being Coroner and Escheator by vertue of his authority and Office Then is there a Court for the conservation of the water River of Thames which belongs to the Lord Mayor from Stanes-bridge unto the water of Yendal and Medway as is amply spoken of before Then is there the Court of the Tower of London and this Court is held within the Verge of the City before the Steward by prescription of debt trespasse and other actions now part of the Tower is within the City and part in Middlesex viz. the East part but the West in London whereof there was a notable example in the person of Sir Thomas Overbury who being poyson'd in a Chamber on the West part the principal murtherers were tryed before Commissioners of Oyer and Terminâ—r in London and so was Sir Gervase Elwayes the Liveâ—enant of the Tower at that time There is also a peculiar Court call'd the Court of Policies and of Assurances in London to Marchants that venture and traffique on the Seas where ships and goods are insur'd at so much in the hundred where there is an Officer of good quality who Registers these Assurances Then is the Court of Halmote or Hall Court for every Company of London having a particular Hall They use to meet there to deliberate of matters belonging to the Company Then is the Court of the Wardmote or of the Wardmote Inquest For the whole City being divided to 26 Wards every Ward hath such an Inquest consisting of twelve or more who inquire after abuses and disorders and present them to be redressed There is also a kind of Court call'd the Colledge of the President Censors and Commonalty or Physicians who have peculiar Lawes of their own and among other one is remarkable that if one who is not
the first general cause Peace is the Mother of Plenty which is the 2d general cause and Plenty the Nurse of Suits In particulars by the dissolution of Monasteries Chanteries c. and dispersing of them c. upon the Statutes made concerning the same there being such a confluence of Ecclesiastical possessions there aroâ—e many questions and doubts whereupon Suits were greatly increased 2. Informers and Relators raised many Suits by Informations Writs c. in the Kings Courts at Westminster upon penai Statutes many whereof were obsolete inconvenient and not fit for those daies and yet remained as snares upon the Subject so as the Subject might justly say with Tacitus Priùs vitiis laboravimus nunc legibus 3. Concealers Helluones that endeavoured to swallow up Cathedral Churches and the Ecclesiastical possessions of Church-men and the Livings of many others of the Kings Subjects Lastly the multitude of Atturneys more than is limited by Law is a great cause of encrease of Suits Touching the jurisdiction of this Court which was used to be called the King Bench it is of a larger extent of power and more incontroulable than any other Tribunal for the Law presums that the King is there still in Person He being the Lord Chief Justice of England himself as King James gave a check to one who call'd Lord Coke Lord Chief Justice of England saying that he was but Chief Justice of his Bench and that it was his own Office to be Chief Justice of England Yet it is observable that though the King be Chief Justice of England and that he personally sit upon the Bench yet he can passe no sentence of judgment but by the mouths and mediation of his Judges who did use to sit there at his Feet when he was present Of the Court of Chancery or Equity and Conscience IT is taken pro confesso by all Antiquaries that both the Brittish and Saxon Kings had their Chancellors and Court of Chancery the only Court out of which original and remedial Writs do issue as taking some few examples before the Conquest Edward the Confessor had Reinbald his Chancelor this Edward granted many Mannors Lands c. and Franchises to the Abbot of Westminster and endeth his Charter thus Adultâ—mum cartam istam sigillari jussi ipse manu meâ propriâ signum Crucis impressi idonâ—os testes annotari praecepi And amongst those Witnesse this you shall find Swardus Notarius ad vicem Reinbaldi regiae dignitatis Chancellarii hanc cartam scripsi c. subscripsi He had also Lefrick to his Chancelor King Etheldred also had a worthy name and a worthy man to his Chancelor Rex Etheldredus statuit atque concessit quatenus Ecclesiam de Elye ex tunc semper in regis curia Cancellariae ageret dignitatem c. This King began his Reign Anno Domini 978 which albeit it was void in Law to grant the Chancelorship of England in succession yet it proveth then there was a Court of Chancery King Edgar had Adulph King Edred had Thurkettle King Edmond the same King Athelstane Wolsine their Chancelors c. In the Chancery are two Courts one ordinary Coram Domino Rege in Cancellaria wherein the Lord Chancelor or Lord Keeper of the Great Seal proceeds according to the right line of the Laws and Statutes of the Realm Secundum legem consuetudinem Angliae Another extraordinary according to the Rule of equity secundum aquum bonum And first of the former Court He hath power to hold Plea of Scire fac ' for repeal of the Kings Letters Patents of Petitions Monstrans de droite Traverses of office Partitions in Chancery of Scire fac ' upon recognizances in this Court Writs of Audita querela and Scire fac ' in the nature of an Audita querela to avoid Executions in this Court Dowments in Chancery the Writ De dote assignanda upon Offices found Executions upon the Statute Staple or Recognizance in nature of a Stature Staple upon the Act of 23. H. 8. but the Execution upon a Statute Merchant is retornable either into the Kings Bench or into the Common place and all personall actions by or against any Officer or Minister of this Court in respect of their service or attendance there In these if the parties descend to issue this Court cannot try it by Jury but the Lord Chancelor or the Lord Keeper delivereth the Record by his proper hands into the Kings Bench to be tried there because for that purpose both Courts are accounted but one and after trial had to be remanded into the Chancery and there Judgment to be given But if there be a Demurrer in Law it shall be argued and adjuged in this Court Nota the legal proceedings of this Court be not inrolled in Rolls but remain in Filaciis being filed up in the Office of the Peâ—y-bag upon a judgement given in this Court a Writ of Error doth lye retornable into the Kings Bench. The style of the Court of the Kings Bench is Coram Rege as hath been said and the style of this Court of Chancery is Coram domino Rege in Cancellaria and Additio probat minoritatem And in this Court the Lord Chancelor or the Lord Keeper is the sole Judge and in the Kings Bench there are four Judges at the least This Court is Officina Justiciae out of which all original Writs and all Commissions which passe under the Great Seal go forth which Great Seal is Clavis regni and for those ends this Court is ever open And this Court is the rather alwaies open for that if a man be wrongfully imprisoned in the Vacation the Lord Chancellor may grant a Habeas Corpus and do him Justice according to Law where neither the Kings Bench nor Common Pleas can grant that Writ but in the term time but this Court may grant it either in Term time or Vacation so likewise this Court may grant Prohibitions at any time either in Term or Vacation which Writs of Prohibition are not retornable but if they be not obeyed then may this Court grant an Attachment upon the Prohibition retornable either in the Kings Bench or Common Place The Officers and Ministers of this Court of Common Law do principally attend and do their service to the Great Seal as the twelve Masters of the Chanceâ—y whereof the Master of the Rolls is the chief who by their original institution as it is proved before should be expert in the Common Law to see the forming and framing of original Writs according to Law which are not of course whereupon such are called in our ancient Authors Brevia Magistralia Then you have the Clerk of the Crown the Clerk of the Hamper the Sealer the Chafe wax the Controuler of the Chancery twenty four Cursitors for making Writs of course or form'd Writs according to the Register of the Chancery The Clerk of the presentations the Clerk of the Faculties the Clerk Examiner of the Patents
Judges acknowledged that of Contracts pleas and quereles made upon the Sea or any part thereof which is not within any County from whence no tryal can be had by twelve men the Admiral hath and ought to have jurisdiction And no president can be shewed that any Prohibition hath bin granted for any plea contract or querele concerning any Marine cause made or done upon the Sea taking that only to be the Sea wherein the Admiral hath his jurisdiction which is before described by Law to be out of any County 2. The second Objection was that when actions are brought to the Admiralty upon Bargains and Contracts made beyond the Seas wherein the common Law cannot administer justice yet in these cases prohibitions are awarded in prejudice of the Court of Admiralty The Judges answer that Bargains and Contracts made beyond the Sea wherein the common Law cannot administer justice do belong to the Constable and Marshal For the jurisdiction of the Admiralty is wholly confined to the Sea which is out of any County but if any Indenture Bond or other specialty or any Contract be made beyond the Seas for doing of any act or payment of any money within this Realm or otherwise wherein the common Law can administer justice and give ordinary redress In these cases neither the Constable nor Marshal nor the Court of Admiralty hath any jurisdiction therefore when that Court hath proceeding in derogation of the common Law prohibitions have bin issued out as by the Law they ought 3. The third Objection was that whereas time out of minde the Court of Admiralty hath taken stipulations for appearance and performance of the acts and judgements of the same Court It is now affirmed by the Judges of the common Law that the Admirals Court is no Court of Record and therefore not able to take such stipulations hereupon prohibitions are granted to the utter overthrow of that jurisdiction The Judges answered that the Court of the Admiralty proceeding by the course of the Civil Law is no Court of Record and therefore cannot take any such a recognizance as a Court of Record may And for taking Recognizanses against the Law of the Realm we finde that prohibitions have bin granted And if an erroneous sentence be given in that Court no Writ of Error but an appeal before certain Delegates do lye which proves 't is no Court of Record 4. The fourth Objection was that Charter parties made only to be performed upon the Seas are daily withdrawn from that Court by prohibitions The Judges answered That if the Charter party be made within any City Port-Town or County of this Realm although it be to be performed either upon the Seas or beyond the Seas yet it is to be tryed and determined by the ordinary course of the Common Law and not in the Court of the Admiralty And therefore when that Court hath encroached upon the common Law in that case the Iudge of the Admiralty and party there suing have bin prohibited and oftentimes the party condemned in great and grievous dammages by the Lawes of the Realm 5. The fifth Objection was that notwithstanding the clause of Non obstante statuto which hath foundation in his Majesties Prerogative and is current in all other grants yet in the Lord Admirals Patent 't is said to be of no force to warrant the determination of the Causes committed to him in his Lordships Patent and so rejected by the Iudges of the common Law The common Lawyers answer that without all question the sundry Statutes which declare the jurisdiction of the Court of Admiralty and wherein all the Subjects of the Realm have interest cannot be dispensed with by any non obstante statuto and therefore not worthy of any answer but by colour thereof the Court of Admiralty hath contrary to those Acts of Parliament encroached upon the jurisdiction of the common Law to the intolerable grievance of Subjects which hath oftentimes urged them to complain in his Majesties ordinary Courts of justice in Westminster-Hall for their relief in that behalf 6. The sixth Objection was that to the end that the Admirals jurisdiction might receive all manner of empeachment and interruption the Rivers beneath the first Bridges where it ebbeth and floweth and all the Creeks and Ports are by the Iudges of the common Law affirmed to be no part of the Sea nor within the Admirals jurisdiction and thereupon prohibitions are ordinarily awarded upon actions depending in that Court for Contracts and other things done in those places notwithstanding that by use and practise time out of minde the Admirals Court hath had jurisdiction within such Ports Creeks and Rivers The Judges answer was like to their first And 't was further added that for the death of a man or mayhm in those two cases only done in great Ships being and hovering in the main stream only beneath the point of some Rivers nigh unto the Sea and no other place of the same Rivers nor in other causes but only in those two the Admiral hath cognizance But for all Contracts Pleas and Quereles made or done upon a River Haven or Creek within any County of this Realm the Admiral without question hath no jurisdiction for then he should hold plea of things done within the Body of the County which are tryable by verdict of twelve men and meerly determinable by the common Law and not within the Court of the Admiralty according to the Civil Law for that were to change and alter the Lawes of the Realm in like cases and make those Contracts Pleas and Quereles tryable by the common Law of the Realm to be drawn off ad aliud Examen and to be sentenced by the Iudges of the Admiralty according to the Civil Law 7. The seventh Objection was that the Agreement made Anno 1575. between the Judges of the Kings Bench and the Court of the Admiralty for the more quiet and certain Execution of Admiral Iurisdiction is not observed as it ought to be The Iudges answered that the supposed Agreement mentioned in the Article hath not as yet bin delivered them but having heard the same read before his Majesty they answer'd that for so much thereof as differeth from these answers it is against the Lawes and Statutes of this Realm therefore the Iudges of the Kings Bench never assented thereunto as was pretended 8. The eighth Objection was That many other grievances there were which in discussing of these former would easily appear worthy of Reformation To this the Judges answered that this Article was so general as no particular answer can be made thereunto only it appeareth by that which hath bin said that the Lord Admiral his Officers and Ministers principally by colour of that Non obstante and for want of learned advice have injustly encroached upon the common Lawes of this Realm for which the marvel is the lesse because that the Lord Admiral his Lieutenants Officers and Ministers have without all colour intruded upon the
and cleanse the said noble River Westward of seventy nine stops or hatches consisting of sundry great stakes and piles purposely erected by Fishermen for their private lucre and standing illfavouredly for passengers near unto the Fair deep but none of them remain now but such as stand out of the passable high stream and can be no prejudice to passers by yet some are permitted to be planted at the waters bottome and so they serve as a great succour to the young brood of fish being placed so remote on the River Nor is this provident care for security of passengers and conservation of the young fry or fish a new thing for it appears that the like course was kept in the Reign of Henry the fourth and after in Henry the eighth as Records and Chronicles do shew Moreover there is a watchful eye that no carren or dead carkasses be thrown into the River to pollute or infect the stream To all these intents and purposes the Lord Mayor and the Aldermen his Brethren with the under Officers do use to meet eight times yearly in the four Counties of Middlesex Surrey Kent and Essex and have a judicial sitting for maintenance of the Rivers Rights and Priviledges where they have power to empanel Juries to make Inquisition after all offences committed upon the River within their extent And as the Verdict given up by the Jury make it appear so they proceed to the punishment of the transgressors according to the quality of the offence and it is worthy the observation to know the manner of their so solemn proceedings whereof this instance shall be produced extracted out of authentick Records Sir Iohn Iolles Knight and Lord Mayor of the City of London and Conservator of the River of Thames and waters of Medway assisted and accompanyed by the Aldermen and two Sheriffs then contemporary and attended by the Recorder and the Sub-conservator or Water-bayly with fifty Officers and servants took their Barges at Belmsgate the third of Iuly 1616 and within few hours arriv'd at Gravesend in Kent where a Session for the conservancy of the said River was kept before the said Lord Mayor and his forenamed Assistants At which time and place a Jury of the Freeholders of the said County being sworn to enquire of all offences committed in any part of the River whatsoever within the said County the Common Sergeant of the City the Recorder being then absent upon extraordinary occasions deliver'd them a charge to this effect That forasmuch as there had not been any Session of Conservancy in many years passed kept by any Lord Mayor of London in that place it was probable and evident they could not be well informed neither of the Lord Mayors jurisdiction and power to reform annoyances and offences there and to inflict due punishments upon the Offendors nor of the nature of the service to be by them performed in the course of their enquiry therefore he thought it convenient to make it known unto them both the one and the other Hereupon he shew'd them The Jurisdiction of the Court of London in the River of Thames from Stanes-bridge Westward unto the points of the River next the Sea Eastward appear'd to belong to the City in manner and form following First In point of right by Praescription as it appeareth by an ancient Book call'd Dunthorne that Civitatis fundationis aedificationis constructionis causa erat Thamesis Fluvius quorum vero Civitatis Fluminis gubernationem tam Duces Majores Custodes Vicecomites Aldr. magnates Civitatis memoratae hucusque obtinuerunt habuerunt Whence he inferr'd that the government of the River hath belong'd to the City time out of mind In 21. Hen. 3. Iorden Coventry one of the Sheriffs of the City was sent by the Mayor and Aldermen to remove certain Kiddles that annoy'd the Rivers of Thames and Medway who ultra Yenland versus Mare did take divers persons that were Offendors and imprison'd them Whereupon complaint being made to the King he took the matter ill at the first and sent for the Lord Mayor and Citizens to Kennington where upon hearing of the matter before the said King the Cityes Jurisdiction over the said River was set forth and allow'd and the Complainants convinc'd and every one of them amerc'd at 10 l. and the amercements adjudged to the City And afterward their Nets were burnt by judgement given by the Lord Mayor and Aldermen in the Hustings Moreover 1. Richardi secundi Writs were directed to the Sheriffs of Essex and Kent reciting the Cities Title with command not to suffer the Citizens of London to be molested contrary to the Liberties formerly granted and allowed unto them Secondly in point of right by allowance in Eire the conservation of the Thames belongs to the City for it was produc'd that 1. Rich. ◠before Hugh Bigot being Justice Itinerant the Sheriffs and Citizens of London were call'd in question for their Jurisdiction exercised on the Thames before whom it was found by a Jury in Southwark Quod nullus habeat aliquid juris in Thamisia usque ad novum gurgitem nisi Cives Londonens In the 14. of Ed. 2. the Constable of the Tower was indited by divers Wards of London before the Justices in Eire at the Tower De muneris et recep cove pro kidellis in Thamisiis et Constabularius ad Kidellas respondet quód Iustic non habent jurisdictionem extra London plitum inde cognoscere cum predict kidelli sunt in aliis comitatibus et Justic. dixerunt Aqua Thamisiae pertinet ad Civitatem London usque mart si velit respondeat who then pleaded Not guilty 3. He went further that this Jurisdiction belonged to the City by ancient Charters 8. R. 1. Dominus Ricardus Rex filius Regis Henrici secundi concessit firmiter praecepit ut omnes Kidelli qui sunt in Thamisia amoveantur ubicunque fuerint in Thamisia 1. Ioh. Rex concessit firmiter praecepit ut omnes kidelli qui sunt in Thamisia vel in Medway amoveantur ne caeteri kidelli alicubi ponantur in Thamisia vel in Medway super sort X. li. sterlingorum Then he urg'd the famous Charter of King Henry the third which ran thus Henry by the Grace of God King of England Lord of Ireland Duke of Normandy and Aquitaine and Earl of Anjou unto all Archbishops Bishops Abbots Priors Earls Barons Justices Sheriffs Stewards Ministers and to all Bayliffs and to all his true Men Greeting Woreth well that We for the health of our soul and the health of the soul of King John our Fader and the souls of all our Ancestors and also for common profit of our City of London and of all our Realms have granted and steadfastly commanded That all the Weares that be in Thames or in Medway be done away And that from henceforth no Weares be set in Thames or Medway upon the forfeiture of 10. l. Also we claim quit to our Citizens of London
shall be sadled with a saddle of the Arms of the said Bannerer and shall be covered with â—indalls of the said Arms. Moreover they shall present unto him twenty pounds Starling money and deliver it to the Chamberlain of the said Bannerer for his expences that day Then the said Bannerer shall mount on Horseback with the Banner in his hand and as soon as he is up he shall say to the Lord Maior that he cause a Marshal to be chosen for the Host one of the City which Marshal being nam'd the said Bannerer shall command the Maior and Burgesses of the City to warn the Commons to assemble and they shall all go under the Banner of St. Paul and the said Bannerer shall bear it himself unto Ealdgate and there the said Bannerer and the Maior shall deliver the said Banner from thence to whom they shall assent and think good And in case they make any issue out of the City then the said Bannerer ought to choose two out of every Ward the most sage Personages to foresee and look to the safe keeping of the City after they be gone forth And this Councel shall be taken in the priory of the holy Trinity near unto Aldgate And also before every Town or Castle they shall besiege if the siege continue a whole year the said Bannerer shall have for every siege one hundred shillings and no more of the Comminalty of London These be the Rights that the said Bannerer shall have in time of War But the Rights that belong unto the said Bannerer Sir Rob Fitzwater in time of peace are these that is to say The said Robert hath a Soke or Ward in the City that is to say a Wall of the Canonry of St. Paul unto the Thames so to the side of the Mill which is in the water that cometh from Fleet bridge so goeth by London walls betwixt the Fryars Preachers Ludgate so returneth back by the house of the said Fryrs unto the said Walls of the said Canonry of St. Pauls viz. all the Parish of St. Andrews which is in the gift of his Ancestors by the said Signority And so the said Robert hath appendant unto the said Soke all these things under-written if any of the Sokemanry be impleaded in Guild-hall of any thing that toucheth not the Body of the Lord Mayor or the Sheriffs for the time being it is not lawful for the Sokeman of the Sokmanry of the said Robert to demand a Court of the said Robert And the Mayor and the Citizens of London ought to grant him a Court and in his Court he ought to bring his Judgments as it is assented and agreed upon in the Guild-hall that shall be given him If any therefore be taken in his Sokemanry he ought to have his stocks and imprisonment in his Soke and he shall be brought thence to the Guild-hall before the Mayor and there they shall provide him his judgement that ought to be given of him but his judgement shall not be publish'd till he come unto the Court of the said Robert and in his Liberty And the Judgement shall be such that if he have deserved death for Treason he is to be tied to a Post in the Thames at a good Wharf where Boats are fastened two ebbings and two flowings of the water And if he be condemn'd for a common thief he ought to be led to the Elmes and there suffer his judgement as other thieves So the said Robert and his Heirs hath the honour that he holdeth a great Franchise within the City that the Mayor of the City and the Cittizens are bound to do him of Right viz. that when the Mayor will hold a great Councel he ought to call the said Robert and his Heir to be with him in the Councel of the said City and the said Robert ought to be sworn of the Councell of the said City against all people saving the King and his Heirs And when the said Robert comes to the Hustings in the Guild-hall of the said City the Mayor or his Livetenant ought to rise and set him down to sit neer him and so long as he is in the Guild-hall all the judgements ought to be given by his mouth according to the Records of the Recorders of the said Guildhall And so many Waifes as come while he he is there he ought to give them to the Bayliffs of the said Town or to whom he will by the Councel of the City These are the ancient Franchises that belong to the Bannerer of London as they stand upon ancient authentick Records But when this honor fell from the Fitzwaters and from Baynards Castle 't is incertain Now that Castle fell afterwards to the Earl of March who was Crown'd there by the Title of Edward the fourth to whom this City stuck very close But in the seventh year of King Edward's Reign many of the greatest men of London were attach'd for Treason with divers Aldermen whereof though they were acquitted yet they did forfeit their goods to the value of 40000 marks among whom Sir Thomas Coke Sir Iohn Plummer and Humfrey Howard were of the number And the said Coke Lord Mayor a little before was committed to the Tower with one Hawkins nor could Coke be acquitted until he had paied 8000 Marks to the King Henry the seventh rode in Majesty through the City with all the Knights of St. George from the Tower to St. Pauls Church where they heard Vespers and so the King lodg'd that night at Baynards Castle which he had newly repair'd before Queen Mary was also proclaim'd there notwithstanding that the Lady Jane had been proclaim'd a little before There was also another Tower or Castle near adioyning unto Baynards Castle which was call'd Legates Inne but now there is no trace of it leâ—t There was also another Castle call'd the Tower of Monfiquet spoken of a little before upon the River of Thames more Westward where afterwards a Monastery of Fryars was erected call'd to this day the Black fryars first built by Kelwarby Archbishop of Canterbury to whom the Mayor of London gave two Lanes or wayes adjoyning to Baynards Castle There was also another Tower stood there above 300 years which was demolished by Iohn Sha Lord Mayor of London Anno 1502 the King giving leave to do it There was another Tower or Castle that stood in the same place that Bride-well now stands which being demolished yet notwithstanding there was a Royal Palace stood still where the Kings of England kept their Courts and call'd Parliaments and among others it stands upon good Record that King Iohn summoned a Parliament thither where he exacted of the Clergy in a Parliament held at Saint Brides in London 100000 Marks and besides this the white Monks were compelled to cancel their Priviledges and pay the King 40000 Marks This House of Saint Brides of later time being left and not used or inhabited fell to ruine yet the Platform still remained
at every Tyde run according to Covenant four wayes plentifully serving to the Commodity of the Inhabitants near adjoyning in their houses and also cleansed the Channels of the street toward Bishops-gate Aldgate the Bridge and the Stocks Market but now no such matter by what default I know not Then have ye a fair Conduit of sweet water castellated in the midst of that Ward This Conduit was first builded of stone in the year 1282. by Henry VVallis Maior of London to be a Prison for Night-walkers and other suspicious persons and was called the Tunne upon Cornhill because the same was builded somewhat in fashion of a Tunne standing on the one end To this Prison the Night-watchers to this City committed not only Night-walkers but also other persons as well spiritual as temporal whom they suspected of incontinency and punished them according to the customs of this City but complaint therefore being made about the year of Christ 1297. King Edward the first writeth to the Citizens thus Edward by the Grace of God c. VVhereas Richard Gravesend Bishop of London hath shewed unto us that by the great Charter of England the Church hath a privilede that no Clark should be imprisoned by a Lay-man without our Commandment and breach of peace Which notwithstanding some Citizens of London upon meer spight do enter in their vvatches into Clarks Chambers and then â—ike Felons carry them to the Tunne which Henry le Wallis sometime Maior built for Night-walkers wherefore we will that this our Commandment be proclaimed in a full Hustings and that no vvatch hereafter enter into any Clarks Chamber under the forfeit of thirty pounds Dated at Carlile the 18th of March the 25. of our Reign More we read that about the year of Christ 1299. the seven and twentieth of Edward the first certain principal Citizens of London to wit T. Romane Rich Gloucester Nicholas Faringdon Adam Helingbury T. Saly Iohn Dunstable Richard Ashwy John Wade and William Stortforde brake up this Prison called the Tunne and took out certain Prisoners for the which they were sharply punished by long Imprisonment and great fines It cost the Citizens as some have written more than 20000 Marks which they were amerced in before William de March Treasurer of the Kings Exchequer to purchase the Kings favour and the confirmation of their Liberties By the West side of the aforesaid Prison then called the Tunne was a fair Well of Spring water curbed round with hard stone but in the year 1401. the said Prison house called the Tunne was made a Cestern for sweet water conveyed by Pipes of Lead from Tyburne and was from thenceforth called the Conduit upon Cornhil Then was the Well planked over and a strong Prison made of Timber called a Cage with a pair of Stocks therein set upon it and this was for Night-walkers on the top of which Cage was placed a Pillory for the punishment of Bakers offending in the assize of Bread for Millers stealing of Corn at the Mill for Bawds Scholds and other offenders As in the year 1468. the seventh of Edward the fourth divers persons being common Jurors such as at Assizes were forsworn for rewards or favour of parties were judged to ride from Newgate to the Pillory in Corn-hill with Miters of Paper on their heads there to stand and from thence again to Newgate and this judgement was given by the Maior of London On the North side of this street from the East unto the West have ye divers fair houses for Marchants and others amongst the which one large House is called the Wey-house where Marchandizes brought from beyond the Seas are to be weighed at the Kings Beame this House hath a Master and under him four Master-Porters with Porters under them they have a strong Cart and four great Horses to draw and carry the Wates from the Marchants Houses to the Beam and back again Sir Thomas Lovel Knight builded this House with a fair front of Tenements toward tâ—e street all which he gave to the Grocers of London himself being free of the City and a Brother of that Company Then have ye the said Finks Lane the South end of which Lane on both sides is in Corn-hill Ward Then next is the Royal Exchange erected in the year 1566. after this Order viz. certain Houses upon Corn-hill and the like upon the part thereof in the Ward of Broadstreet with three Allies the first called Swan Alley opening into Corn-hill the second New Alley passing through out of Corn-hill into Broadstreet Ward over against St. Bartholomew-Lane the third St. Christophers Alley opening into Broadstreet-Ward and into St. Christophers Parish containing many thick Housholds were first purchased by the Citizens of London for more than 3532. pounds and were sold for 478. pounds to such persons as should take them down and carry them thence Also the ground or plot was made plain at the Charges of the City and then possession thereof was by certain Aldermen in name of the whole Citizens given to Sir Thomas Gresham Knight sometimes Agent to the Queens Higheness thereupon to build a Burse or place for Marchants to assemble in at his own proper charges And he on the seventh of June laying the first stone of the Foundation being Brick accompanied with some Aldermen every of them laid a piece of Gold which the Workmen took up and forthwith followed upon the same such diligence that by the Moneth of November in the year 1567. the same was covered with slate and shortly after fully finished In the year 1570. on the 23. of January the Queens Majesty attended with her Nobility came from her House at the Strand called Sommerset-House and entred the City by Temple-Barre through Fleet-street Cheape and so by the North side of the Burse through Thredneedle-street to Sir Thomas Greshams House in Bishopgate-street where she dined After dinner her Majesty returning through Corn-hill entred the Burse on the South side and after she had viewed every part thereof above the ground especially the Pawne which was richly furnished with all sorts of the finest Wares in the City she caused the same Burse by an Hauraâ—d and a Trumpet to be proclaimed at the Royal Exchange and so to to be called from thenceforth and not otherwise Next adjoyning to this Royal Exchange remaineth one part of a large stone House and is now called the Castle of such a sign at a Tavern door there is a passage thorough out of Cornhill into Threed-needle street the other part of the said stone House was taken down for enlarging the Royal Exchange This stone House was said of some to have been a Church whereof it had no proportion of others a Jewes House as though none but Jewes had dwelt in stone houses but that opinion is without warrant For beside the strong building of stone houses against 〈◊〉 of thieves in the night when no watches were kept In the first year of Richard the first to prevent casualties of fire which
by force of the Kings Writ Ex debito justitiae and none of them ought to be omitted and these represent all the Commons of the whole Realm and trusted for them and were used to be in number near upon 500. Now the King and these three Estates were the great Corporation or Body politick of the Kingdom but they were to sit in two Houses viz. the King and Lords in one House called the Lords House and the Knights Citizens and Burgesses in another House called the House of Commons The Commons are in Legal understanding taken for the Franck Tenants or Freeholders of the Counties And whosoever is not a Lord of Parliament and of the Lords House is of the House of the Commons either in person or by representation partly coaugmentative and partly representative Of this Court of Parliament the Soveraign Prince by the Law is Caput principium finis the head beginning and ending And as in the natural body when all the sinews being joyned in the head do unite their forces together for the strengthening of the body there is ultimum potentiae so in the poliâ—ique Body when the King and the Lords spiritual and temporal Knights Citizens and Burgesses are all by the Kings Command assembled and joyned together under the Head in consultation for the common good of the whole Realm there is ultimum sapientiae The third year of Henry the sixth it appears in a Parliament Roll that the Parliament being called as hath bin said Commune Consilium every member of the House being a Counsellor should have the three properties of the Elephant which are First That he hath no Gall. Secondly That he be inflexible and cannot bow Thirdly That he is of a most ripe and perfect memory which properties as there it is said ought to be in every Member of the great Councel of Parliament First to be without Gall that is without malice rancor heat and envie In the Elephant Melancholia transit in nutrimentum corporis every gallish inclination if any were should tend to the good of the whole body the Common-wealth Secondly That he be constant inflexible and not to be bowed or turned from the right either for fear reward or favour nor in judgement reâ—pect any person Thirdly of a ripe memory that they remembring perils past might prevent dangers to come as in that Roll of Parliament it appeareth The Prince de advisamento consilii for so be the words of the Writ of Parliament resolving to have a Parliament doth out of the Court of Chancery send out Writs of Summons at the least forty dayes before the Parliament begins every Lord of Parliament either spiritual as Arch bishops and Bishops or temporal as Dukes Marquisses Earls Viscounts and Barons Peers of the Realm and Lords of Parliament were used to have several Writs of Summons And all the Judges of the the Realm Barons of the Exchequer of the Coif the Kings learned Cousnel and the Civilians Masters of the Chancery are called to give their assistance and attendance in the upper House of Parliament but they have no Voices in Parliament being only ministerial and their Writs differ from the Writs to the Judges for their Writs be Quòd intersitis Nobiscum cum caeteris de Concilio Nostro sometimes Nobiscum only super praemissis tractaturi vestrumque consilium impensuri But the Writ to the Barons is Quòd intersitis cum praelatis Magnatibus proceribus super dictis negotiis tractaturi vestrumque Consilium impensuri Moreover in every Writ to Summons to the Bishops there is a clause requiring them to summon these persons to appear personally at the Parliament which is in these words premonientes Decanum Capitulum Ecclesiae Vestrae Norwicensis ac Archidiâ—conos totumque clerum vestrae Dioces quod iidem Decani Archi diaconi in proprâ—is persmiss suis ac dictum capitulum per unum idemque clerus per duos proeuratores idoneos plenam sufficientem potestatem ab ipsis capitulo clero divisim habentes predict ' die loco personaliter intersint ad consentiâ—ndum hiis quae tunc ibidem de Communi concilio dicti regni Nostri divina favente clementia contigerit ordinari and the Bishop under his Seal makes Certificate accordingly And these are called Procuratores cleri and many times have appeared in Parliament as spiritual Assistants to consider consult and consent ut supra but had never voyces there because they were no Lords of Parliament And this Assembly was called the Convocation-House which the last King continuing after the dissolution of the Parliament and the Bishops comming amongst them to consult and make Canons the next Parliament protested against their proceedings as irregular and prejudicial to the priviledges of Parliament Observable it is what difference there was in the Writ whereby the spiritual Lords were summoned and that whereby the temporal Lords were called The Ecclesiastical Barons were required by the Kings Writ to be present In fide dilectione quibus nobis tenemini In the faith and Love you are bound to us But the secular Lords were summoned to appear In fide homagio quibus nobis tenemini In the faith and homage you are bound unto us Now touching the Commons their Writ or Summons to the Sheriff runs thus The King to the Vicount or Sheriff Greeting WHereas by the advice and assent of our Councel for certain Arduous and urgent Affaires concerning Us the State and defence of our Kingdom of England and the Anglican Church we have ordained a certain Parliament of ours to be held at our City of the day of next ensuing and there to have Conference and to treat with the Prelates Great men and Peers of our said Kingdom We command and strictly enjoyn you that making Proclamation at our next County Court after the receipt of this our Writ to be holden the day and place aforesaid you cause two Knights girt with Swords the most fit and discreet of the County aforesaid and of every City of that County two Citizens of every Borough two Burgesses of the discreetest and most sufficient to be freely and indifferently chosen by them who shall be present at such Proclamation according to the tenure of the Statutes in that case made and provided And the names of the said Knights Citizens and Burgesses so chosen to be inserted in certain Indentures to be then made between you and those that shall be present at such Election whether the parties so elected be present or absent and shall make them to come at the said day and place so that the said Knights for themselves and the County aforesaid and the Citizens and the Burgesses for themselves and the Commonalty of the said Cities and Beroughs may have severally from them full and sufficient power to do and to consent to those things which then by the favour of God shall happen to be ordained by the Common Councel of our said Kingdom concerning the
Right and Prerogative due to the Crown in that they have seized and converted to their own use Goods and Chattels of infinite value taken at Sea and other Goods and Chattels which in no sort appertain unto his Lordship by his Letters Patents wherein the said Non obstante is contained and for which he and his Officers remain accountable to his Majesty And they now wanting in this time of peace causes appertaining to their natural jurisdiction do now encroach upon the jurisdiction of the common Law lest they should sit idle and reap no profit They added further That touching their proceedings in granting of Prohibitions concerning any of the said Articles two things were to be considered of first the matter then the manner touching the matter nothing hath bin done therein by the Court of Westminster but by good Warrant of Law and former judicial Precedents And for the manner they granted none in the Vacation time nor in their Terme time in any of their Chambers nor in the Court in the Terme-time ex officio but upon motion made in open Court by learned Councel and after a day prefixed and warning given to the adverse party c. Hereupon they proceeded to prove and confirm their answers by three kind of Authorities in Law First By Authority of High Court of Parliament Secondly By Judgement and judicial Precedents Thirdly By Book-Cases Concerning the Acts of Parliament they urged the Statute of Richard the second viz. That the Admiralls and their Deputies shall not meddle from henceforth with any thing done within the Realm of England but only with things done upon the Sea according to that which hath been duly used in the time of the Noble King Edward Grandfather to Richard the second Concerning the second proof by Judgements and Iudicial Precedents and the third by Book-Cases they alledged divers Cases which are to be seen in that great light and laborious Champion of the Common Law of England the Lord Coke in the third part of his Institutes But the Result of all which the Iudges of the Common Law driv ' at was that the Court of Admiralty was to take no Cognizance nor had power to determine any thing that had happened and should give occasion of Plea upon any Waters either fresh or salt that were within the Precincts of any County but it was tryable by the Common Law of England and by the Empanelment and Verdict of twelve men which is not the way of Tryal of the Civil Law by which the Admiralty is directed By this notable clash and contestation 'twixt the Iudges of Westminster-Hall and the Lord Admiral the Reader may learn what the extent of the Authority of that Court is and that the jurisdiction of the Admiral is confined to the high Sea In times past there were distinct Admirals in point of power as we read in Richard the seconds Raign the Earl of Northumberland was Admiral of the North and the Earl of Devonshire Admiral of the West who were to receive the Subsidy of Poundage and Tonnage for the garding of the Seas Among other Prerogatives which belonged to the Lord Admiral of England one was to erect Beacons upon the Maritim Coasts which word is derived from the old Saxon or Dutch Becnam which signifieth to give a signe as we use the word to becken at to this day Before the Reign of Edward the 3d there were but stakes of Wood set upon high places which were fired upon the discovery of any enemies but in his time pitched Barrels were set up and by the Law of the Land whosoever fired a Beacon commits Felony unless there were Authority and just cause for it In other Countries they are called Phares which are no other then speculatory or maritime monitory fires which serve for two ends as well to direct Seafaring men as to fore-warn the approach of an Enemy which with such wonderful celerity give the whole Land an Alarum and so puts them in a posture of defence But there are three main matters whereof the Lord Admiral is to take Cognizance which are Flotsan Ietsan and Lagan whereof the first is when a Ship is sunk and perished and the Goods floating upon the waters The second is Ietsan when in stresse of weather or other occasions the Goods are thrown over-board The third is when Goods are tyed to a Cork or Cable and may be found again But the Court of Admiralty hath not to do with Wrecks for then the Goods are deposited in the custody of the Officers of the next Town where if the Proprietor come within a twelve moneth and a day he may claim them by Law Henry the sixth did constitute by Charter Iohn Holland Duke of Exceter and Henry his Son to be Admirallos Angliae But the Iudges of the Common Law held that Charter to be invalid and the Reason they alledged was that that Charter being of a Iudicial Office it could not be granted to two When the former contestation happened 'twixt the Court of Admiralty and Westminster-Hall they were choyse powerful men at that time who swayed as Grandees of the Common Law as Sir Edward Coke the Lord Bacon Iudge Doddridge and Hubbard which made them carry the Bucklers from the Civilians at that time But there were some learned Treatises published afterward to vindicate the Right of the Civil Law which without controversie hath more in it of natural equity and reaches of pure Reason then any other It is the Product of that mighty Monarchy of the Romans who though they conquered by the Lance yet they conâ—erâ—ed by their Lawes so many vast distant Territories and Nations which they had subdued leading so many people Captive by their policy as much as by their Prowesse And indeed the Civil Law is fitted for the general Affaires of mankind and for all Nations For though every particular state hath some few municipal Lawes peculiar to it self yet no where beyond the Seas is there any profession or Science of Law but of the Civil nor are there any other studied in Vniversities Only in England there are Inns of Court which are equivalent to an Academy where lex Terrae or the common municipal Law of the Land is studied and Graduates proceed and are made therein accordingly which is no where else But the Civil Law extends to all man-kind And if regard be had to the University of humane Reason it is no where â—o narrowly discussed and eventilated and the judgement rectified by clear notions Moreover there is nothing of what nature soever it be but the Civil Law hath ordained a means to bring it to a Tryal either by giving a speciall action in the case or a general one releeving by ordinary remedies or if those fail by such as are extraordinary helping the Clyent Iure actionis or Officio Iudicis Yet there was one notable Example of one business that not only caused a clash 'twixt the Civilian and Common Lawyer but puzzel'd them both so that