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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
of 3 H. 7. c. 1. he has given him a Fee of thirteen and four pence upon the view of the Body of the goods of the murderer c. 1. H. 8. C. 7. But if the Coroner sit upon the view of any slain by misadventure he shall have nothing 7. His Jurisdiction and Authority As the Sheriff in his Tourn may inquire of all Felonies by the Common Law saving the death of Man so the Coroner can enquire of no Felony but of the death of Man and that super visum Corporis He hath authority solely to take an Indictment super visum corporis Co. 2. Inst f. 32. Co. 4. Inst f. 271. and to take an Appeal and to enter the Appeal and the County But he can proceed no further either upon the Indictment or Appeal but to deliver them over to the Justices He hath power to bind over Witnesses to the next Goal delivery in that County whereof he is a Coroner Besides his judicial Place he hath also Authority ministerial as a Sheriff hath viz when there is just exception taken to the Sheriff Co. 4. Inst f. 271. judicial process shall be awarded to the Coroners for the Execution of the Kings Writs in which Case he is Locum tenens Vice-comitis and in the same special Case the Kings Original Writ shall immediately be directed unto him But the Quaere may be if one person be Coroner both of the Kings House and County whether an Indictment taken before him alone may be good and valid in our Law It s answered that an Inquisition taken before B. Coroner of the Palace Royal Co. 3. Inst 134 and of one of the Coroners of Middlesex is well taken and within the Statute of Articuli super Chartas c. 3. Co lib 4 Wrote and wigges Case Though the Statute requires two persons for the intent of the Act is performed and the mischief recited avoided for though the Court removes yet he may proceed as Coroner of the County And the Rule of Law is Quando duo Jura concurrunt in una persona aequum est ac si essent in diversis Thus much of the Coroner as to his Antiquity Election Dignity Fees and Jurisdiction 9. Of the Deputy Escheator THe Lord Mayor as he is Coroner so likewise is he Escheator within the famous City of London and appoints one alwayes as a Deputy Escheator who is to act within the verge of this City as Escheators do in the several Counties of England These Escheators are to look to all Escheates and other Casualties belonging to the Crown and certifie● them into the Exchequer Note In ancient time there were but two Escheators in England the one on this side of Trent and the other beyond Trent at which time they had Sub-Escheators But in the Reign of King Edward 2. the Offices were divided and several Escheators made in every County for life c. and so continued till the Reign of Edward 3. And afterwards by the Statute of 14. E. 3. it is enacted that there should be as many Escheators assigned as when King Edward 3. came to the Crown Vide 14 E 3. c. 8.1 H. 8 c. 8.3 H. 8 c. 2. and that was one in every County and that no Escheator shall tarry in his Office above a year And by another Statute to be in Office but once in three years the Lord Treasurer nameth him 10. Of the Constables within this Renowned City COnstable or Cunstable is compounded of two Saxon words C 4. Inst f 123. Cunning per contractionem King and Stable i. e. Columen quasi columen Regis anciently written Cuningstable This Office is ancient here in England and mentioned by Bracton seeming to answer him that was called amongst the Romans Tribunus celerum and afterward Magister Equitum This word Constable is diversly used in our Common Law And first The Constable of England who is also called Marshal of whose Authority and Dignity a man may find many arguments and signs as well in the Statutes as in the Chronicles of this Realm his sway consisteth in the care of the common Peace of the Land in deeds of Arms and matters of war Out of this Magistracy were drawn these lower Constables which we call Constables of Hundreds and Liberties and first ordained by the Statute of Winton 13. Ed. 1. which appoints for the conservation of the Peace and view of Armour two Constables in every Hundred and Liberty and these be at this time called High Constables because the increase of People and Offences hath again undet those made others in every Town called Petty Constables who are of the like nature but of inferior Authority to the other Besides these there are Officers of particular places called by this name as Constable of the Tower Constable of the Exchecquer Constable of Dover Castle Constable of Windsor and the now Constable of the famous Castle of Windsor is his Highness Prince Rupert Duke of Cumberland a Person most renowned not onely for his brave conduct and fortitude in martial affairs both by Sea and Land but also for his great zeal and Love shewn abundantly in defence of the Protestant Religion For the derivation and divers acceptation of the word Constable I proceed to shew what Authority pety Constables have in Cities Towns and Villages according to our Law If any be threatened 4. E. 3. Bar. 102. upon complaint to the Constable he may enforce the Party to put in a Surety and if he do not commit him to Prison till he hath found a Surety A Constable may arrest one which makes an Assault 21 H 4.21.5 H. 7.6 though it be of himself A Constable can take an Obligation to keep the Peace Kitchin but he cannot take a Recognizance 12 E 4.35 The Constable may arrest one that makes an affray and carry him to the next Jail till he find surety of the Peace but not imprison him in his house or put him in the Stocks unless it be in the night that he cannot carry him to the Jayl for any other reasonable cause The Constable may search for suspicious persons and may arrest night walkers 2 E. 4.9 The Constable may search suspicious Bawdy Houses where women of ill same are and may arrest suspected persons 3 H 7.10.13 H. 7.10 which walk in the night and sleep in the day or keep suspicious Company and if he be not of power he may have aid of his neighbours by the Law 38. H. 8. Tit. False Judgement 6. It is said That a Constable cannot arrest for a Fray after it is done without a warrant but before it be done or whilst it is doing he may 3 H. 7.1 A Constable may take the power of the County where there is a Fray and especially to take Felons If a man be strucken and in peril of death the Constable ought to arrest the Offender and to keep him in Prison till it be known