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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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Charter the soyle and ground of the River of Thames granted to them by vertue of which grant the City at this day receive Rents of them that six posts or make wharses or other Buildings upon the soyle of the said River Davys Reports le case de Royal Pischary Priviledge 25. Lands c. in South-wark In the year 1550. King E. 6. granted to the Mayor and Commonalty all his Lands and Tenements in Southwark except and reserved the Capital Messuage two Mansions called Southwark place and all the gardens and Lands to the same appertaining the Park and Messuage called the Antelope He gave them the Lordship and Mannor of Southwark with all members Rights thereof late pertaining to the Monastery of Bermondsey All messuages places buildings Rents Courts waifs and strayes to the same pertaining in the County of Surry He granted to them in and through the Borough and Town of Southwark and in all the parishes of St Savior St Olave and St George and the Parish of St. Thomas Hospital and elsewhere in the said Town and Borough of Southwark and Kentish street Bermondsey street in the Parish of Newington all waifs and strays Treasure Trove all felons goods c. within the Parishes and precincts aforesaid c. The Return of writs processes and warrants c. Together with a Fair in the whole Town for three dayes with a Court of Pypowders a view of frankepledg with Attachents Arrests c. Also to arrest all felons other Malefactors within their precinct and send them to ward and to New-gate Stow. Priviledge 26. Bridewell In the year 1553. Ed. 6. gave unto the Lord Mayor Commonalty and Citizens his house of Brid-well and 700. marks Land late of the possessions of the house of the Savoy and all the Bedding and other furnitute of the said Hospital of the Savoy towards the maintenance of the said work-house of Brid-well and the Hospital of St. Thomas in Southwark Stow. Priviledge 27. King John gave the City of London Authority Sheriffs to chuse and deprive their Sheriffs at their pleasure Stow. Priviledge 28. The Citizens of London are by a Charter of King Ed. 3. excepted from paying of prisage Prisage Touching this Franchise or Liberty of Prisage I shall present to the Reader these resolutions shewing who shall be a reputed Citizen and who not as to the being exempted of paying Prisage A Question was in the Court of Exchequer 44. Eliz. If a Citizen of London that had not a family and did not pay Scot and Lot but sojourne in another house shall have the benefit of the Kings Charter In the argument of the case Coke then Atturney General put this difference of Citizens viz. That there was A Citizen Nomine Re. Re nomine It was said that a Citizen Re nomine He that is a Freeman of London and an Inhabitant and one that paid Scot and Lot there shall be discharged of prisage by the said Charter c. Davys Reports le Case de Customs f. 10. b. He that is to have benefit and advantage of this Charter ought to be integre Civis and an intire Citizen as it was adjudged in 4. H. 6. in one Knowls case a Citizen and Free-Grocer of London removed his house-hold cum pannis and did dwell at Bristol but yet kept his shop at London and he having a ship laden with wines which was unladen in the port of London would have had the benefit of this Charter of discharge of prisage But it was ruled against him for that he was not such a Citizen as was capable of this discharge for that he ought to be Civis Incola Commorans 4. H. 6. Knowls Case 14. H. 6. c. A private Act of Parliament Complaint was made that the Lord Mayor would make strangers Citizens it was there declared that this benefit to be discharged from payment of prisage did not extend unto such Citizens as were Dotati made free but unto those Citizens only which are Commorant Incolant and Resiant within the City A person disfranchised before the arrival of his ship shall lose the benefit of prisage he was intitled to at the lading and a person made free after the lading shall have the benefit of discharge Bulstrodes Reports 3. part The King and Sir Thomas Waller vers Francis Hanger A Woman cannot be capable of this Immunity though a Citizen to what end say I She cannot bear Civilia or publicae onera of the City she cannot doe any thing for the benefit of the City she cannot perform Watch and Ward she can bear no office in the City neither can she be of any of the Companies she cannot be an Attorney she may be a Free-Woman but this is only to have her will as many so have but to no other purpose Thus much of the Franchises granted to the Londoners by Charters Royal and such as are allowed to be good agreable to the Laws of England I shall now put a Case or two of such singularities or Priviledges as have been adjudged to be contrary to the freedom of the subject and consequentially the Kings grants are deemed void in Law King H. 6. granted to the Corporation of Dyers within London power to search c. and if they found any Cloth died with Logge wood that the Cloth should be forfeit and it was adjudged this Charter concerning the forfeiture was against the Law of the Land For no forfeiture can grow by Letters Patent Co. lib. 8. Trin. 41. Eliz. f. 125. le Case de Londres So the Company of Merchant Taylots of England having power by their Charter to make Ordinances made an Ordinance Co. 2. Inst 47. Tr. 41. Eliz. coram Rege ●ot 92. in Tr. inter Davent Hurdes that every Brother of the same Society should put the one half of his Clothes to be dressed by some Cloth-worker free of the same Company upon pain to forfeit 10 s. c. and it was adjudged that this Ordinance was against Law because it was against the Liberty of the Subject for every subject hath freedom to put his Clothes to be dressed by whom he will sic de similibus And so it is if such or the like grant had been made by his Letters Patents So if a grant should be made to a Londoner to have the sole making of Cards Trin. 44. Eliz. Coram Rege Co. lib. 11 fol. 84. 85 c. Edward Darries Case or the sole dealing with any other Trade that grant is against the Liberty and freedom of the Subject that before did or lawfully might have used that trade and consequently is against the Great Charter of England Hitherto of franchises granted by the Charters of the Kings of England we proceed to those that have been given to the Citizens of London by our Kings in their several Parliaments 2. Of the Franchises Liberties or Singularities which the Londoners have obtained from the favor of our
was not good for he ought to have a scire facias against the Baile for it is unreasonable to take him in execution without answer for he might plead a Release of the Party or that the principal is dead and so discharge himself and for this Cause the Custom by the Court of Kings Bench held unreasonable Qu. But the Quaere may be whether ill Customs such as these I have here named confirmed by Act of Parliament be thereby made good or not Resp It is answered that the Statutes which confirm the Customs of London shall never be construed for the Ratification of any ill or irrational Custom which has been made use of within the City of London And this is agreable with the Interpretation of Mr Horne whose words are these In point que demand que le City de Londres cit ses franchises ses franke Customes est interpretable en cest manner que les Citizens eient lour Franchises dont ils sont inherit per loyall Title de dones confirmements des Royes les queux ilz ne out forfeites per nul abusion que ilz eient lour franchises Customes quae sont sufferable per droit nient repugnant al Ley And this very interpretation agreeth with divers of our later books as Plowd Com. f. 400. Davys Reports le case de Commenda f. 75. b. Co. Litt. f. 381. b. 11. H. 7.21.45 E. 3.26 which prove that the words of an Act of Parliament shall be taken in a Lawful and Rightful sence SECT XVII Of the Franchises Liberties ad singularities of the most glorious City of London THrough the special favour and Indulgence of our Princes the Kings of England the Citizens of London have obtained very large and great Immunities or Priviledges of which some are given to the Londoners by Royal Charters and some by the Royal Assent in Parliament 1. Of the Franchises and Liberties that are derived to the Trenovants by Charters Royal. Priviledge 1. Omnes homines London sint quieti Liberi omnes Res eorum per totam Angliam per portus maris de Theolonio passagio ab omnibus aliis Consuetudinibus Vide Chartam H. 1. de Libert London Priviledge 2. H●nting King H. I. by his Charter granted for the Recreation of the Londoners Quod Cives London habeant fugationes suas ad fugandum sicut melius plenius habuerunt Antecessores eorum scil Silve Middlesex Suer Co. 4. Inst f. 314. Priviledge 3. Toll-free King H. 3. Granted that the Citizens of London should passe Toll-free throughout England Priviledge 4. In 11. H. 3. The King granted and confirmed to the Citizens of London Free-warren Free-warren or Liberty to hunt a certain circuit about the City in the warren of Stones c. Priviledge 5. King H. 3. granted to the City of London quòd nullus Civis faciat Duellum Duells quod de placitis ad Coronam pertinentibus se possint disrationare secundam antiquam consuetudinem Civitatis Citizens of London no battel shall be gaged against any of them Co. 4. Inst 252. A Citizen of London sued an Appeal of Robbery the defendant gaged Battel the plaintiff said that he was a Citizen of London that they have there such Franchise that no battel shall be gaged against any of them this extends to every particular Citizen Bulstrodes Reports 3. part f. 16.21 E. 4. f. 12. 27. Priviledge 6. In 11. H. 3. the King granted to the City of London this special and rare Liberty Si illis qui pro tempore fuerint Vice-Comites constituti aliquod delictum fecerint Sheriffs of London unde misericordiam pecuniae debeant incurrere non judicentur ad plus nisi ad miserecordiam vigint Libr. hoc sive damno aliorum Civium si Vicecomit non sufficiantur ad miserecordiarum suam solutionem Co. 4. Inst 254. Priviledge 7. King John by his Letters granted to the Citizens of London Election of a Mayor Liberty yearly to choose to themselves a Mayor Co. 4. Inst 253. Priviledge 8. In the year 1282. King Ed. I. granted to H. Waller Mayor Walls and the Citizens of London to take toward the making of the wall and inclosure of the City certain Customs or Toll as appeareth by his grant Stow. Priviledge 9. Mayor In the Reign of Ric. I. The Citizens of London obtained to have a Mayor to be their principal Governor and Lieutenant of the City as of the Kings Chamber Stow. Priviledge 10. For the repairing of Bishops-gate H. 3. granted Bishops-gate and confirmed to the Merchants of Hanced that had an House in the City of London called Guildhalla Theutonicorum certain Liberties and priviledges Stow. Priviledge 11. Kind Ed. III. granted Justice of Oyer that the Lord Mayor should be Justice for the Goal delivery at New-gate Stow. Priviledge 12. Ed. III. granted Maces that the Sergeants of the Lord Mayor should bear Maces of silver Co. 4. Instit f. 252. Priviledge 13. Ed. III. granted that no Escheator should be in the City Escheator but the Lord Mayor for his time Stow. Priviledge 14. Clerks King H. 3. granted that either Sheriff should have two Clerks and two Sergeants Seal also that the Citizens should have a Common Seal Stow. Priviledge 15. It is a Liberty of London granted Quod nullus Civium sit implacitatus extra muros Privilege 16. Walls and Ditch It was granted by Ric. II. That a Toll should be taken of the Wates sold by Land or by water towards the Repairing of the walls cleansing of the Ditch about London Stow. Privilege 17. London Bridge King John gave certain void places in London to build upon the profits thereof to remain towards the charges of rebuilding and repairing of London Bridge Stow. Priviledge 18. By the patent of Ed. II. London Bridg. a Subsidy was granted towards the Amendment of London Bridge Stow. Priviledge 19. In H. III. time ships of the Ports arrested Corne brought into ports and forced to bring their Corn to Queen Hithe but the ships of the Citizens of London were at liberty to arrive where the owners would appoint them Priviledge 20. Aldermen of London were used to be changed yearly but it was ordered in 28. E. 3. Aldermen that they should not be removed without special cause Stow. Priviledge 21. Ed. III. in the 3. Paving year of his Reign gave the Citizens of London License to take a Toll towards the charge of paving the Borough of Southwark with stone Priviledge 23. Physitians King H. 8. by his Letters Patents erected a Body Corporate of Physick in London and seven miles compass Priviledge 22. Sales in gross It was granted in some Kings Reign that all Clothes or other Merchandizes should not be sold in gross but only to the Citizens of London Priviledge 24. The City of London hath by the Kings