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

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