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A37482 The present state of London: or, Memorials comprehending a full and succinct account of the ancient and modern state thereof. By Tho. De-Laune, Gent De Laune, Thomas, d. 1685. 1681 (1681) Wing D894; ESTC R216338 233,231 489

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to run away withdraw or absent himself the Sheriff may arrest the Defendant by his Body or Goods as a Foreigner c. When a Debtor in the said City is bound by Obligation in a certain sum to be paid at a certain time to come the which Debtor was held sufficient at the time when he was bound and after is become Fugitive or not sufficient then if the Creditor come before the Mayor and Sheriffs of the said City making such a suggestion and hath with him six or four credible Freemen of the same City that will truly testifie that the Debtor will withdraw and Convey his Goods out of the City or that he is not sufficient to make Payment then the Mayor or one of the Sheriffs before whom the Suggestion is made useth to Arrest the Debtor although the Day contained within the Obligation be not yet come and to keep the same Debtor in Prison untill the Day of Payment be come or otherwise that he shall find Pledges to attend at the same Day and so to Arrest for House-hire before the Day if the Tenant be Fugitive If a Free-man of the City find his Debtor suddenly within the same City which Debter hath absented himself before or that he be Fugitive City-Law pag. 105. and the which Debtor will Escape away before that the Creditor can have an Officer the usage is in such Case that the Free-man himself with aid of his Neighbours without other Officer may Arrest his Debtor and carry him to the Office of one of the Sheriffs and there make his Suit as the Law requires A Brief Account of the Courts held in this Honourable City THe highest and most ancient Court in this famous City is that called the Hustings a Saxon Word Hus signifying a House and Sthing or Thing a Cause or Plea so that it is Domus Causarum a House of Causes or Pleas or Pleadings This Court preserves the Laws Rights Franchises and Customs of the City There be handled the the Intricatest Accounts and Pleas of the Crown and of the whole Kingdom It is of great Antiquity the Laws of Edward the Confessour much referring to it where may be read these words Debet enim in London quae caput est Regni Legum semper Curia Domini Regis singulis septim●nis die Lunae Hustingis sedere teneri c. That is The Court of our Lord the King ought to sit and be held every Week on Monday at the Hustings in London which City is the head of the Kingdom and Laws c. But now it is held on Tuesdays in the Guild-Hall of London before the Lord Mayor Sheriffs and Aldermen every Week All the Lands and Tenements Rents and Services within the City and Liberties are pleaded there in two Hustings one is called Husting de placito terrae Husting of Plea of Land the other de Communibus placitis of Common-Pleas It is held on Monday to Demand the Demandants and to award Non-suites to allow Essoynes and on Tuesday to award the Default and Plead For certain times no Hustings may be held by Custom of the City viz. Husting of Plea of Land ought to be held a Week by it self at the aforesaid days but the Inrollments and Titles of the said Hustings make mention of Monday only In Husting of Plea of Land are Pleaded Writs of Right Patents Directed to the Mayor and Sheriffs of London which Writs have this process by Custom of the City viz. The Tenant or Tenants shall first have three Summons at the Tenements Demanded at three Hustings of Plea of Land next ensuing after the Livery of the Writ and of the Hustings without Demanding the Tenements at any aforesaid And after the three Summons ended three Essoynes at three other Hustings of Plea of Land then next ensuing and at the next ensuing after the third Essoyne and the Tenants making Default Process shall be made against them by a Grand cape or petit cape after the appearance and other Process at the Common-Law And if the Tenants shall appear the Demandants shall Count against the Tenants in the Nature of what Writ they will except certain Writs which are Pleadable in Husting of Common-Pleas c. without making Protestation to see in the Nature of any Writ And the Tenants shall have the view and shall be Essoyned after the view as at the Common-law And the Tenant shall have an Essoyn after every appearance by Custom of the City And although that such a Writ be abated after the view by exception of Joynt-Tenancy or other exception Dilatory or other such Writ be ●evived the Tenants by the Custom of the City shall have the view in the second Writ Notwithstanding the view before had And if the parties plead to Judgment the Judgment shall be pronounced by the Recorder and six Aldermen at least were wont to be present at the giving of every such Judgment Every Beadle of the City by the advice of the Alderman of his Ward against every Hustings or Plea of Land shall Summon Twelve Men Freeholders being the best and most sufficient of his Ward to come to Guild-Hall for to pass in an Inquest if there be need for the rest of the Free-holders of the said Ward And if the parties plead and descend to an Inquest then shall the Inquest be taken of the People Inheritors having at the least Frank-Tenement of the same Ward where the Tenements are and other three Wards next to the place where the Tenements are so that four sufficient men of the same Ward where the Tenements are shall be sworn in the same Inquest if there be so many No Damages by Custom of the City are recoverable in any such Writ of Right Patent and the Inquest may pass the same day by such common Summons of the Beadle if the parties be at Issue and the Jurors come Otherwise Process shall be made to cause the Inquest to come at another Husting of Plea of Land ensuing by Precept of the Mayor directed to the Sheriffs who shall be Ministers by the Commandment of the Mayor to serve the Writs and to make Execution thereof notwithstanding that the Original Writ be directed to the Mayor and Sheriffs Joyntly And it is to be understood that as well the Tenants as the Demandants may make their Attorneys in such Pleas c. See City-Law p. 46. c. In the Hustings of Common-Pleas are Pleadable Writs called ex gravi querela for to have Execution of the Tenements out of the Testaments which are Inrolled in the Hastings Writs of Dower unde nihil habet Writs of Gavelkind and Custom and of Service Instead of a Cessavit Writs of Error of Judgments given before the Sheriffs Writs of Waste Writ de Partitione facienda between Co-partners Writs of quid Juris clamat and per quae ●erviti● and others which Writs are close and directed to the Mayor and Sheriffs and also Replegiaries of things taken and of Distresses wrongfully taken are
their time One may be a Freeman of London 1. By Se●vice as in case of Apprentiship 2. By Birth-right as being the Son of a Freeman 3. By Redemption by Order of the Court of Alderm●n For such as are made Free this way the Chamberlain of London is to set the Fines of such Redemptions He is to take Fines of such as are rebellious to their Masters or Guardians and for certain other Defaults c. To shew the Piety of the honourable Governours of this great City in ancient as well as modern times I shall produce the Instructions Recorded for the Apprentices of London out of Stow p. 668. Edit 1633. The Observation of which is heartily recommended to the Youth concern'd It is thus YOu shall constantly and Devoutly on your knees every day serve God Morning and Evening and make Conscience in the Due hearing of the Word Preached and endeavour the right practise thereof in your Life and Conversation You shall do diligent and faithful Service to your Master for the time of your Apprentiship and Deal truly in what you shall be trusted You shall often read over the Covenants of your Indenture and see and endeavour your self to perform the same to the uttermost of your power You shall avoid all evil Company and all occasions which may tend or draw you to the same and make speedy Return when you shall be sent of your Masters or Mistresses Errands You shall avoid Idleness and be ever Employed either for God's Service or in your Masters business You shall be of fair gentle and lowly speech and behaviour to all men and especially to all your Governours And according to your Carriage expect your Reward for Good or Ill from God and your Friends c. Of the Sheriffs Courts THere are two Courts of Sheriffs one for the Counter in Woodstreet and another for the Counter in the Poultry 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 before the Mayor and Sheriffs if they yield no Redress then shall certain Justices be assigned by the King's Commission to sit at St. Martins le Grand by Nisi prius for to Redress the said Judgments and if there be default found in the the Mayor and Sheriffs they shall be punished for their Misprisions by the form contained in the Statute of 28 E. 3. c. 10. One taken in Execution in London upon a Condemnation in the Sheriffs Court and Removed by Habeas Corpus into the Kings-Bench shall be commited there in Execution for that Debt and having discharged all Causes in the Kings-Bench shall be remanded Then there is the Court of Sessions or Goal-Delivery held usually eight times a year at the Old-Bayly both for the City and Middlesex for the Tryal of Criminals whereof the Lord Mayor is the Chief Judge and hath the power of Reprieving condemned Persons The Prisons in London OF Ludgate we have spoken in the Section of Gates page 9. And of Newgate page 10. The Counter in the Poultry belongs to one of the Sheriffs of London and has been kept and continued there time out of mind The Counter in Woodstreet belongs also to one of the Sheriffs prepared to be a Prison-House Anno 1555. and on the 28 th of September that year the Prisoners that lay in the Counter in Breadstreet were removed to this Counter Both these Counters were burnt in the Year 1666 but Rebuilt since much more stately and Commodious than they were before There is also in the late Parish of St. Margaret Southwark a Prison called the Counter in Southwark c. The Fleet is also a Prison so called of the Fleet or Water running by it now made Navigable and called the Fleet-Dike There was also in Southwark a Prison called the Clink on the Banks-side also a Prison called the White-Lyon in Southwark so called because it was formerly an Inn with that Sign this being the appointed Goal for the County of Surry Stow p. 455. There are besides these two Prisons more in Southwark viz. The Kings-Bench and the Marshalsea which last belongs to the Marshals of England Lastly there is the Gate-House in Westminster a Prison likewise for Offenders c. Of the Watches in London To speak in general terms there cannot be found in the World more Regular Careful and Orderly Watches than are in this great City which indeed is very needful for where there is such a vast confluence of a●● sorts of People it is of absolute necessity to keep diligent Watch to prevent Disorders and Mischiefs which else would happen William the Conquerour commanded that in every Town and Village a Bell call'd Curfew-Bell should be Nightly rung at Eight of the Clock and that all People should then put out their Fire and Candle and take their rest which Order was observed in his Reign and the Reign of William Rufus but Henry the First revoked that Order But Henry the Third Anno 1253. Commanded Watches in Cities and Burroughs to be kept in order to the preservation of Peace and Quietness amongst his Subjects c. There are in the Respective Streets convenient Stations for the Watchmen who are Citizens and obliged to perform that Duty in their turns with their Officers and are to Examine all persons that walk in unseasonable hours and to Apprehend Suspitious persons or such as are Riotous or otherwise mis-behave themselves and secure them At set and convenient times they appoint a Party to go their Rounds and to apprehend such as they find Tippling in Victualing-Houses at unseasonable hours or in Houses of ill-name or Night-walkers or any other persons wheresoever that are uncivil or cannot give a good account of themselves and the Reason of their being abroad and when any such are Apprehended they keep them all night in safe Custody on the Guard or send them to one of the Counters to be forth-coming before a Justice of the Peace the next day who deals with them according to the merit of their Cause By this means an Infinite deal of Evils as Murders Roberies Felonies Fires c. are prevented which would otherwise happen it being certain that in so great and populous a City amongst the many good People it cannot be avoided but that a great many wicked persons capable of the blackest Villanies do creep in as daily and sad experience shews Of the Military Government of London HAving Treated of the Ecclesiastical and Temporal Government of this Great City we will give some brief touches of its Military Government Ancient and Modern In the 23 of H. VIII 1532. At a General Muster in London were first taken the Names of all Men within this City and Liberties only which reach not far from the Walls from the Age of 16 to 60. Also the Number of all Harnesses and all
the Queens Chamber was consumed but after that repaired In the year 1397 King Richard II. caused the Walls Windows and Roof to be taken down and new made with a stately Porch and divers Lodgings of a marvelous Work and with great Costs which being finished Anno 1399. He kept a most Royal Christmas there with daily Justings and Runnings at Tilt whereunto resorted such a number of People that there was every day spent 28 or 26 Oxen 300 Sheep and Fowl without number He caused a Gown to be made for himself of Gold garnished with Pearl and precious Stones to the value of 3000 Marks There daily fed there 10000 People as appeareth by the Messes told out from the Kitchin to 300 Servitors A great part of this Palace was burnt Anno 1512 the 4th of Henry VIII since which time it hath not been Re-edified Only the Great Hall with the Offices near adjoining are kept in good Reparations and serveth as afore for Feasts at Coronations Arraignments of Great Persons charged with Treason and keeping of the Courts of Justice For whereas formerly the Courts and Benches followed the King wheresoever he went before and since the Conquest but being found to be troublesom chargeable and inconvenient to the People it was Anno 1224 9 H. 3. agreed that the●e should be a standing place appointed where Matters should be heard and judged which was in the Great Hall at Westminster I. The Court of COMMON-PLEAS Where he appointed Three Judgment-Seats viz. at the Entry on the Right-hand the Court of Common-Pleas So called because there are debated the usual Pleas between Subject and Subject as about Tenures of Lands and Civil Actions None but Sergeants at Law may plead in this Court and so many of them as the King shall appoint are bound by Oath to assist all that have any Cause depending in that Court Pleas are distinguished into Pleas of the Crown as Treason and Felony with Misprision of Felony which belong to the Kings-Bench and Common or Civil Pleas whereof this Court takes Cognizance This Court may grant Prohibitions as the Kings-Bench doth The Chief Judge is called the Lord Chief Justice of the Common-Pleas or de Communi Banco the Common Bench who holds his place by Letters Patents Durante Beneplacito and so do the other inferior Judges of this Court whereof there are commonly Three Here all Civil Causes Real and Personal are usually Tryed according to the strict Rule of the Law Real Actions are pleadable in no other Court nor Fines levied or Recoveries suffered but only in this Court The King allows to the Lord Chief Justice of this Court a Fee Reward Robes and two Tun of Wine Also to the other Judges of this Court and to four Sergeants is allow'd Fees Reward and Robes to each one The Officers are many Custos Brevium three Protonatories Clerk of the Warrants Clerk of the Kings Silver four Exigenters fourteen Filazers Clerk of the Juries Clerk of the Essoignes Clerk of the Outlawries which belongeth to the Attorney General who exercises it by Deputy c. For which at large see the Present State of England Pag. 102. Edit 1679. II. KINGS-BENCH At the upper End of the Hall on the Right-hand or South-east Corner the Court of Kings-Bench was appointed which is of a larger Extent of Power and more Uncontroulable than any other Tribunal For the Law presumes that the King is there still in Person He being Lord Chief Justice of England Himself yet it is observable that though He should personally sit upon the Bench He can pass no Sentence of Judgment but by the Mouths of His Judges who did use to sit there at His Feet when He was present After the House of Lords in Parliament this is the Highest Court in England and the Judicature in the Absence of the King belongs to His Judges In this Court are handled the Pleas of the Crown all things that concern loss of Life or Member of any Subject for then the King is concern'd because the Life and Limb of the Subject in the sense of the Law belong only to the King so that the Pleas here are between the King and the Subject Here are handled all Treasons Felonies Breach of Peace Oppression Misgovernment c. This Court hath power to Examine and Correct all Errors in Facto and in Jure of all the Judges and Justices of England in their Judgments and Proceedings and this not only in Pleas of the Crown but in all Pleas Real Personal and Mixt except only in the Exchequer In this High Court sit commonly four Grave Reverend Judges whereof the first is stiled The Lord Chief Justice of the Kings-Bench and is Created not by Patent but by a short Writ yet of large Extent in point of Authority thus Rex c. Mathaeo Hale Militi salutem Sciatis quod constituimus vos Justiciarium nostrum Capitalem ad placita coram nobis tenenda Durante beneplacito nostro teste Me Ipso apud Westm c. That is in English The King c. To Sir Matthew Hale Kt. Greeting Know ye That we have Constituted you our Capital or Chief Justice in Pleas held before Vs during Our Pleasure Witness My Self at Westminster c. The rest of the Judges of the Kings-Bench hold their Pleas by Letters Patents in these words Rex omniblis ad quos praesentes literae pervenerint Salutem Sciatis quod Constituimus Dilectum Fidelem nostrum A. B. Militem unum Justiciariorum ad placita coram nobis tenenda Durante beneplacito nostro Teste c. These Judges and all the Officers belonging to this Court have all Salaries from the King and the chief of them have Robes and Liveries out of the great Wardrobe In this Court all young Lawyers that have been called to the Bar are allowed to plead and practise This Court may grant Prohibitions to keep other Courts both Ecclesiastical and Temporal within their due Bounds and Jurisdiction The Jurisdiction of this Court is general extending to all England as before None can be a Judge in this Court unless he be a Sergeant of the Degree of the Coif that is a Sergeant at Law and yet in the Writ or Patent to them made they are not called Sergeants who upon taking this high Degree is obliged to wear a Lawn Coif under his Cap for ever after For the Officers of this Court see the Present State of England of the same Edition Pag. 98. III. CHANCERY On the Left-hand or South-west Corner sitteth the Lord Chancellor accompanied with the Master of the Rolls and eleven other Men learned in the Civil Law and called Masters of Chancery which have the King's Fee This Court is placed next the Kings-Bench to mitigate the Rigor of it It is Curia Cancellariae because as some think the Judge of this Court sate anciently intra Cancellos or Lattices as the East-end of Churches are separated per Cancellos from the Body of the Church as
peculiarly belonging to the Priest and were thence called Chancels This Court is Officina Justitiae the Fountain of all our Fundamental Laws and Proceedings in Law and the Original of all other Courts It is as antient as the Civility of the Nation though perhaps by another Name This Court proceeds either ordinarily according to the Laws Statutes and Customs of the Nation and in Latin granting out Writs Mandatory and Remedial Writs of Grace or else according to Equity and Conscience and by English Bill so that the Chancery hath two Courts in one The Equitable part is by Bills Answers and Decrees to Examin Frauds Combinations Trusts Secret Vses c. To moderate the Rigour of the Laws and Rescue Men out of the hands of their Oppressors To Relieve a Man especially in three things viz. against Cheats unfortunate Accidents and Breaches of Trust Out of this Court Issue out Writs or Summons for Parliaments Edicts Proclamations Charters Protections safe Conducts Writs of Moderata Misericordia when any Person hath been Amerced too high are for a reasonable part of Goods for Widows and Orphans Patents for Sheriffs Writs of Certiorari to remove Records and false Judgments in inferior Courts Writs of Audita Querela and Scire Facias here are Sealed and Inrolled Letters Patents Treaties and Leagues with Foreign Princes Deeds between Party and Party touching Lands Estates or Purchasers taking Recognizances and making Extents upon Statutes and Recognizances for Payment of Money or securing of Contracts Writs Remedial or Magisterial Commissions of Appeal Oyer and Terminer c. The Court of Common Pleas which are between Subject and Subject hath its Original and Commission from the Chancery and cannot hold Pleas without it For the Latin part of this Court are the 24 Cursitors and for the English part are the Six Clerks The Court of Equity that proceeds not according to Law is no Court of Record and therefore binds only the Person not his Lands or Goods The Judge of this Court is the Lord Chancellor or Lord Keeper of the Great Seal of England He is here the Sole Judge whereas in other Courts there are three or four Judges But he may and doth often in Cases of greater Weight and Difficulty in Cases of Law call some of the other Judges to his assistance and therefore it is said this Office may be discharged by one that is no professed Lawyer as it has been frequently to their great Praise It is the highest Dignity in England that a Lay-Man is capable of it is Summum ambientis animi quasi solstitium and the Chancellor is Magistratum omnium Antistes Antiently the Lord Chancellor had somtimes his Vice-Chancellor commonly called Keeper of the Great Seal but of latter times they differ only in Name The Chancellor is said to be Keeper of the King's Conscience to Judge secundum aequum bonum according to Equity and Conscience he is to moderate the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the exact Rigor and Letter of the Law whereunto other Judges are exactly tyed For the Princes of this Realm in imitation of the KING of Kings governing the Wo●ld by Justice and Mercy have Erected two Supre●m Tribunals together at the upper end of Westminster-Hall one of Justice wherein nothing but the strict Letter of the Law is observed and the other of Mercy where in the Rigor of the Law is tempered with the sweetness of Equity which is nothing else but Mercy qualifying the sharpness of Justice This Court being a Court of Conscience the less it is perplexed with the Quirks of Lawyers the more it is guided by Conscience and Equity The manner of proceeding in this Court is thus the Action is by Bill or Plaint the Witnesses Examined in private the Decrees in English or Latin not in French No Jury of Twelve Men but all Sentences are given by the Judge of the Court. The place of Master of the Rolls is of great Dignity in the Gift of the King for life or during pleasure This Officer hath Jure Officii the Gift of those considerable Officers of the Six Clerks in Chancery hath the keeping of the Rolls and in the absence of the Chancellor hears Causes and makes Orders by Vertue of a Commission with two Masters and that Jure Officii by right of Office This Court is always open whereas all the others are shut but only in Term time so that if a Man be wrongfully Imprisoned in the Vacation time out of Term the Lord Chancellor may Grant his Writ of Habeas Corpus and do him Justice according to Law so likewise may this Gourt Grant Prohibitions in time of Vacation as well as in Term time The Defendant is to Answer Bills and Interrogatories upon Oath though to the accusing of himself in divers matters Dammageable and Penal the Witnesses are to Depose upon Interrogatories and in perpetuam rei Memoriam by the Term and use of Final Decree agreeable with the Civil Law In the Master of the Rolls Office are kept all the Rolls since the beginning of King Henry the VII the rest are kept in the Tower of London In this Gift are besides the Six Clerks Office the Offices of the Examiners and three of the Clerks of the Petty-Bag-Office The Office of Clerk of the Crown is of High importance he is either by himself or Deputy continually to attend the Lord Chancellor for special matters of State and hath place in the Higher House of Parliament He makes all Writs for Election of Members of Parliament Sitting in Parliament upon Warrant directed to him upon the Death or Removal of any Member and also Commissions of Oyer and Terminer Goal-Delivery Commissions of Peace and many other Commissions distributing Justice to His Majesties Subjects The Office of the Protonotary of this Court is chiefly to expedite Commissions for Embassies The Office of the Clerk of the Hanaper or Hamper is to receive all the Money due to the King for the Seals of Charters Patents Commissions and Writs and to attend the Keeper of the Seal daily in Term time and at all times of Sealing with Leather Bags now but antiently probably with Hampers wherein are put all the Sealed Charters Patents c. And then those Bags delivered to the Comptroller of the Hamper The Office of Warden of the Fleet or Keeper of the Fleet-Prison is very Considerable He is to take care of the Prisoners there who are commonly such as are sent thither from this Court for contempt of the King or His Laws on such as will not pay their Debts c. The Sergeant at Arms Office is to bear a Gilt Mace before the Lord Chancellor or Keeper for the time being The Six Clerks are Officers of great account next in Degree to the Twelve Masters in Chancery whose Office is to Inroll Commissions Pardons Patents Warrants c. that are passed the Great Seal They are Attorneys for Plaintiffs and Defendants in Causes depending in this Court Their Offices are at a place
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 Inquiry therefore he thought it convenient to make both the one and the other known unto them Hereupon he shewed them that the Jurisdiction of the Court of London in the River of Thames from Stanes Bridge Westward unto the points of the River next unto the Sea Eastward appeared to belong to the City in manner and form following I. First in point of Right by prescription as appears by an ancient Book called Dun●horp That Civitatis fundationis aedificationis constructionis causa erat Thamesis Fl●v●us 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 belonged to the City time out of mind In 21. H. 3. Jorden Coventry one of the Sheriffs of the City was sent by the Mayor and Aldermen to remove certain Kiddles that Annoyed the Rivers of Thames and Medway who ultra Yenland versus mare did take divers persons that were Offenders and imprisoned 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 Cities Jurisdiction over the said River was set forth and allowed and the Complainants convinced and every one of them Amerced at 10 l. and the Amercements adjudged to the City And afterward their Nets were burnt by Judgment given by the Lord Mayor and Aldermen in the Hustings 1. R. 2. 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 II. Secondly In point of Right by Allowance in Eire the Conservation of the Thames belongs to the City For it was produced that 1 R. 2. before Hugh Bigot Justice I●enerant the Sheriffs and Citizens of London were called in Question for their Jurisdiction exercis'd on the Thames before whom it was found by a Jury in Southwark Quod nullus habet aliquid Juris in Thamisia usque ad Novum Gurgitem nisi Civis London In the 14 E. 2. The Constable of the Tower was Indicted by Divers Wards of London before the Justices in Eire at the Tower De muneris recep Cove pro Kedellis in Thamisiis Constabularius ad Kidellas respondet quod Justic non habent Jurisdictionem extra London prolitum inde cognoscere cum praedict Kidelli sunt in aliis Comitatibus Justic. dixerunt aqua Thamisiae pertinet ad Civitatem London usque Mare si velit respondeat Who then Pleaded Not Guilty III. He went further in point of Right that this Jurisdiction belonged to the City by antient Charters 8 R. 1. that is 480 and odd Years ago Dominus Richardus Rex Filius Regis Henrici secundi concessit firmiter praecepit ut omnes Kidelli qui sunt in Thamisia amoveantur ubicunque fuerint in Thamisia 1. Joh. 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 forf 10 1. sterlingorum Then he urged the Famous Charter of King Henry the III. which ran thus Henry by the Grace of God King of England Lord of Ireland Duke of Normandy and Aquitain 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 wotteth well that we for the health of our Soul and the health of the Soul of King John our Fader and the Souls of our Ancestors and also for the Common profit of our City of London and of all our Realms have Granted and stedfastly 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 1. Also we claim quit to our Citizens of London all that that our Constable of our Tower of London was wont to take of the said Weares Wherefore we will and stedfastly Command that no Constable of the aforesaid Tower at any time from henceforth forward any thing ask nor any Grievance do to any of the same City by E●cheson of the same Weares it is to us known enough and by our true Men do us to understand that most privacy and least profit might fall unto the same City and to the whole Realm by Enchesen of the same Weares which we make for ever firm and stable unto the same City as the Charter of our Lord King John our Fader which our Barons of London thereof have reasonably Witnessed Witnesses Eustace of London Peter of Westminster c. at Westminster the 18th of February in the Year of our Reign Eleven Besides these he produced divers others in this King ' s Reign to the purpose aforesaid and the 7th of E. III. IV. This Jurisdiction belongs to the City of London by Acts of Parliament W. 2. cap. 47. an 13. No Salmons to be taken from the Nativity of our Lady unto St. Martins Day in all points nor none to be taken in Mill-Pools from the midst of April until Midsummer under penalty for the first Offence of burning of Nets and Engines the second Offence Imprisonment for a Quarter of a Year the third Offence for a whole Year 13. R. II. confirms the restraint of taking Salmons in many Waters from the midst of April until Midsummer upon the same pain nor within that time to use any Nets called Stalkers nor any other Engine whereby the Fry may be destroyed He urged likewise 17 R. II. cap. 9. and the 11. H. VII cap. 15. 1 Eliz. cap. 17. Against Nets Wheeles and other Engines for destroying the Fish against killing of Salmon and Trouts out of season against killing Pike or Pickerel not ten Inches long or Salmon not 16 Inches long or Trout not 8 Inches long or Barbel 12 Inches and more nor to Fish with any Nets but such whereof every Meash or Mash shall be two Inches and a half broad Angling excepted This not to extend to Smelts Roches Minoes Bullhead Gudgeons or E●les in place where the same have been used to be taken The Offender to lose for every Offence 20 ●s and the Fish also the unlawful Nets Engines and Instruments The Mayor of London Inter alia hath full Power and Authority by this Act to Inquire of all Offences Committed contrary thereunto by the Oaths of 12 Men or more and to Hear and Determine all and every the same and inflict Punishments and impose Fines accordingly V. He proceeds to assert the Cities