THE CHARTERS OF LONDON: OR, The ſecond Part of Londons Liberty in Chaines Diſcovered. In which by the ancient, rationall, and fundamental Charters of the famous City of London, is proved and declared, that it is the true and undeniable right of all and every the Barons, Burgeſſes, Free-men, or Commoners of London, to have their free〈◊〉in chuſing out, annually from amongſt themſelves, a Lord Major, two Sheriffes, and all their Aldermen; which Aldermen are annually to be removed by the Commons of every Ward; and being removed, may not be choſen again for the enſuing yeare, but others by common conſent are to be put into their places. Alſo it is declared, to be the right of the ſaid Barons or Common to chuſe the Bridge-maſters, Chamberlain, Common-Clerk, and Common-Sergeant, &c. of the City of London, and to be removed by them when they pleaſe. All which priviledges, with many others, they are now rob'd of, by their laſt incroaching, and uſurping, illegall Lord Majors & Aldermen, &c. Unto which Charters〈◊〉annexed, a Diſcourſe, to prove, that though Kings or Parliaments may confirme unto the people their rights, freedoms, and liberties; yet it lies not in their poweer to take them from them againe when they pleaſe; no, not at all: becauſe all be truſted powers are (as both Kings & Parliaments, & all other Magiſtrates whatſoever are,) & ought always to be, for the good of the Truſters, and not for their miſchief and hurt. In which is alſo proved, that all Pattentee-Monopolizing-Corporations•…e againſt, and deſtructive to the fundamental Laws of England; and that it is impoſſible for juſtice, peace, or proſperity, to flouriſh in this Kingdom, till they be all aboliſhed. With divers other things worth the knowledg of all the Free-men, not only of London, but of all England.
For whoſe good this is publiſhed by Lieut. Col: John Lilburn, priſoner in the Tower of London, for the common liberties of the Kingdome againſt the uſurpations of the Houſe of Lords.
But he ſhall learn to fear the Lord his God, to keep all the words of this Law, and theſe Statutes, to do them; that his heart be not lifted up above his Brethren, and that he turn not aſide from the Commandement to the right hand or to the left.
Printed at London. Decemb. 18. 1646.
Reader, the ſhortneſſe of time, the abſence of the Authour, and the difficulty of the Language in the Charter, not being ordinary Latin, but ſuch as Lawyers uſe, which is ſo far above my capacity, that cauſed me to erre when I uſed the beſt skill I could in my Art. Pardon me therefore (I pray thee) and with thy wiſdome, learning, and good diſpoſition, help me in this caſe. And for the faults in the Engliſh, the meaneſt capacity may bee helped thus:
Page 3. line 27. for Servants r. Serjeants, p. 32. l. 14. for nay, r. wee. l. 35. r. take undue. p. 33. l. 9. for bu•…•…be. l. 21. for ity, r. City, p. 36. l. 2. r. is their right. l. 10. for as Magiſtrate. r. as a Magiſtrate p. 37. l. 1. for Truſtees, r. truſters, l. 4. r. indenoſonizing of a few, to undenoſonize. l. 8. for divels, r. diveliſh. l. 12. for evill, r. evils. p. 40. l. 11. r. and intollerable. l. 26. for ſurreptious, read ſurruptitious, &c.
FEllow Citizens, I reade in the 1 Kings 21. that when Ahab though a King came unto honeſt Naboth, not by his prerogative to take his Vinyard from him, but to deſire it of him (for a garden of herbes, becauſe it was neere unto his Houſe) for a valuable conſideration; Naboth returnes his King this Anſwer, the Lord forbid it me, that I ſhould give (or part with) the INHERITANCE OF MY FATHERS VNTO THEE; Therefore much more I hope, without offence may you and I ſay to our prerogative maſters of London, who have already robd us by their meer prerogative pleaſure (although they be far inferiour to the King) not of our Vinyard, (a ſmall thing in Compariſon) but of our naturall, rationall, nationall, and legall liberties, and freedoms, and ſo as much as in them lyes, have made us ſlaves and vaſſals to their wills and pleaſures: by meanes of which they do lay oppreſſions and burthens upon us, able to breake the backs of Pack-Horſes themſelves, and therefore ſeeing the knowledge of it in ſome meaſure, is come to our underſtanding, and dayly every day more and more is likely ſo to do; I hope it will be no blaſphemy againſt God and the King, nor an Act deſerving Naboths portion, to be ſtoned to death; to ſay unto our prerogative, uſurping, and incroaching Maſters, God forbid, that we ſhould be ſuch villains and traytors to our ſelves, as to ſuffer you to rob and ſteal from us (and run away with) the inheritance of our Fathers, and the Birth-right of us and our children) our Fundamentall Lawes and Liberties, Franchiſes and Priviledges, that God, Nature, and the juſt Cuſtomes of the Land in which wee live, hath given us, and for which we have been fighting above this 3. years. For my part, though all of you ſhould be ſo ſottiſhly2 baſe, and•…ardly,〈◊〉to〈◊〉, and like Iſſac〈◊〉•uch under your burthens; yet though I ſhould not find one man amongſt you all of my mind, I am reſolved to ſend the loudeſt Hue-and Cry after them that poſſible I can, for the regaining of my Liberties, Freedoms, and juſt Priviledges; though I ſhould by the iniquity of the preſent forſworn, tyrannizing, oppreſſing, and invaſſalizing times, pay as dear for my ſo doing, as Naboth did for his unwillingneſſe to part with his Vineyard his Inheritance.
My Hue-and-Cry after theſe London prerogative Robbers, I begun in my late book, called LONDONS LIBERTY IN CHAINES DISCOVERED, printed in Octob. laſt: the ſecond part of which Hue-and-Cry this preſent diſcourſe is; But here I muſt crave leave to acquaint you my fellow-Citizens, that by〈◊〉of thoſe many difficulties which accompanie the Preſſe (wh•…makes their proceedings very ſlow) my preſent Hue-and-Cry cannot be ſo loud, as I intended it, becauſe I would fain have you to have the ſight of ſo much, as herein you ſhall reade, before the day you chuſe Common-Councell men; after which, you may ezpect an APPENDIX to this Diſcourſe of ſome length, and alſo, all the reſt of your CHAPTERS at large, with obſervations upon them, deducted from the Fundamentall Lawes of the Kingdom: in which Diſcourſe, you ſhall find ſuch a pack of jugling knavery, as your eyes never read before.
Only this at preſent, I ſhall deſire you to take notice of, that the City-prerogative Champion, Irenaeus Lyſimachus, the Author of the rotten and putrified book, called Bellamius Enervatus, and Col. John Bellamy (a kinſman to the Wethercocks) in his late Anſwer to the ſaid book, called Lyſimachus. Enervatus, Bellamius Reparatus, and in his Plea for the Commonalty of London, ſpends much pains, pro and con, to find out, whether or no the L. Major, & Aldermen of London have an abſolute negative voyce in the common Councel; both whoſe Diſcourſes do not at all pleaſe me, nor ſhew the true rights and priviledges of the Commons of London: and therefore, I ſhall lay down this poſition, and challenge all the City-prerogative-Champions, to a ſingle combate, to make it good againſt them all; the Propoſition is this,that the preſent Lord Major, and the preſent Court of Aldermen have no right3 at all, to give any vote at all in the Comon-Councell, of ſo much as to be preſent there:And my Reaſons are theſe that follow:
Firſt of all, the preſent Lord Major is no legall Lord Major, nor the preſent Aldermen, no legall nor true Aldermen, and therefore have no true right at all in any ſence to come there; out as Delinquents to receive condigne puniſhment, by being disfranchiſed for their uſurpations and incroachments, as by the Charter of Edward the 2. they ought, pag. 30, 31, &c. And that the Lord Major is no legall Lord Major, I thus prove.
Firſt, becauſe by the 4. Charter of King John granted to the BARONS of London (which is every Free man) in the 9 of May, in the 16. year of his raign; and by the Charter of Henry the 3. which you may read in the following Diſcourſe, pag. 28. 29. there is power given to the BARONS OF LONDON, that they may of themſelves, chuſe from amongſt them•…〈…〉Major, which priviledge is confirmed by K. Ed. the 2. at the earneſt deſire of the Major, Aldermen, and the reſt of the Citizens; as you may read in the 30. pag. following & which priviledge is confirmed to a•…the Citizens of London, by Magna Charta, chap. 9. and 1. E. 3. 9. 14. E. 3. 119. H. 4. 1 and by the ſtatutes of Edward the 1. called articuli ſuper chartas, chap. 1. in which ſtatute is alſo a power given to the Commonalty in every Shire Court, to chuſe the Juſtices of the Peace for their reſpective Counties; which ſaid Commons have power by the ſtatutes of the 18. E. 1. 8. & 13. chapters, to chuſe their own Sheriffes in every Shire; and this manner of popular elections is granted to be the right of all the Free-men of London, by both the fore-mentioned Authors. But this Lord Major is not in the leaſt legally choſen. Reade the fore-mentioned firſt part of this Diſcourſe, page 8,•…, 13, 14, 15. Ergo, he is no true nor legall Lord Major: And the ſame I ſay of all the Aldermen.
My ſecond reaſon to prove the fore-mentioned Propoſition is this, becauſe that if the King have no legiſlative power in himſelf, as the Parliament proves in their Declarations of the•…. May, 1642. and 2. Novemb. 1642. and which begins in the•…〈◊〉of the collection of Dec. page 262. 686. and which Mr Pryn much more praves in the ſecond part of his Soveraign power of Parliaments, p 73, 74, 75, 76, 77, &c. which book is publiſhed by ſpeciall authority from4 the Houſe of Commons, as appeares by the Title page thereof: now if this be true, then I affirme, he cannot give or depute a legiſlative power to the Lord Major, and Aldermen of London; no, not to his Lords, who pretendedly call themſelves the Vpper Houſe of Parliament: for it is impoſſible, for him to give that to another, which is not inherent in himſelf: But the Lord Major and Court of Aldermen, for any thing I can perceive, either by their Champion, or any other; lay no claime to their pretended power of voting to make Lawes in the Common-Councell; but the authority of the prerogative-Charter of Edward 3. which in ſuch a caſe is not worth a button.
My third reaſon to prove the propoſition is this; becauſe the only and ſole legiſlative Law making power, is originally inherent in the people and d•…vatively in their Commiſſions choſen by themſelves by〈◊〉conſent, and no other. In which the pooreſt that lives, hath as true a right to give a vote, as well as the richeſt and greateſt; and I ſay the people by themſelves, or their legal Commiſſions choſen by them for that end, may make a Law or Lawes to govern themſelves, and to rule, regulate, and guide all their Magiſtrates (whatſoever) Officers, Miniſters, or Servants, and ought not in the leaſt to receive a Law from them, or any of them, whom they have ſet over themſelves, for no other end in the world, but for their better being, and meerly with Juſtice, equity, and righteouſneſſe, to execute the Lawes that they made themſelves, and betruſted them with, as the publique executors or diſpenſors of. But the Lord Major and Aldermen (admit there were no exceptions againſt the manner of their coming into their Offices) were never choſen by the Commons of London, not in the leaſt, to ſet in Common-Councell to vote and make Lawes to binde them, but meerly, and at the moſt, are Officers choſen and betruſted for no other end at all, but for the better being, peace, and proſperity of the City, to execute the juſt Lawes of the Kingdome already made in Parliament, by common conſent of the whole Kingdom; and therefore have no right at all in no ſence, to ſet in Common-Councell, there to vote, and make Lawes to bind the Citizens. And therefore, O my fellow-Citizens, I deſire you to bee wiſe, and looke about you, and not ſuffer theſe Mungrell, uſurping, incroaching, pretended Aldermen, to Lord paramount5 it over you, as they uſed to do at your election of your Common-councell men: at which election, (for any thing I know, or can heare of) they ought not to be preſent at all, unleſſe they come as particular citizens to give a ſingle voyce, in chuſing their (as well as your) Common-councell men, whoſe principall office and work it is by vertue of their deputed power derived from you, to call all your City Magiſtrates, Miniſters, and publick ſervants, to an account, and to diſ-franchiſe all thoſe that have endeavoured the deſtruction of Londons juſt liberties, and to know of them what they have done with thoſe many hundred thouſands of pounds, that yearly is paid into the Chamber of London, which ought principally by right to be laid out to pay or defray the publick charges of the City, and taxations of the City that are laid upon it by common conſent in Parliament,〈…〉ſpent in hugger-mugger, and lai•out for ſuch〈…〉and put into the pockets or purſes of ſuch, as it was never〈◊〉for. Look to it you Lord Major and Aldermen, brethren in evill: for I profeſſe there is the moſt notorious jugling and cheating amongſt you, that is amongſt any generation of men in England; which I hope, in the deſpite of you all, to live in ſome good meaſure to anatomize to my fellow-citizens, whom, before I conclude, I ſhall deſire to take notice of foure things, as the moſt peſtilent evils in the world, amongſt the ſonnes of men, and they are theſe:
Firſt, the Popes unwritten•…ties. Secondly, Kings unlimited Prerogatives. Thirdly, Parliaments unknown Priviledges. Fourthly, the Lord Major, Court of Aldermen, and the reſt of the Prerogative men of Londons implicit faith, who in the ſecond deſire of their moſt pernitious Atheiſticall, Papiſticall Remonſtrance, pag. 7. would have all thoſe fully declared againſt, and ſome effectuall courſe ſetled, for proceeding againſt all ſuch perſons as will not be conformable to the publick Diſcipline eſtabliſhed, or to be eſtabliſhed. What ever it be, it matters not, although it be never ſo much againſt juſtice, reaſon, equity, conſcience, and the word of God.
By means of ſome of theſe foure, ariſeth all thoſe Monopolizing and ingroſſing Patentee corporations, that trouble the world: this poore Kingdome; yea, even this City, a great number of whoſe members, by reaſon thereof, are (as I am informed) forced6〈…〉
But〈…〉you (my fellow-citizens) ſeeing your Commo•…〈…〉upon them to be imp•…〈…〉power, as they〈…〉your ſelves,〈…〉and let〈…〉and no further〈…〉Co•…oners ſitting in Parliament, who〈…〉power to lay taxes upon you, and therefore I〈…〉the jurisdiction of the Common-councell of〈…〉, eſpecially ſeing there is no need nor neceſſity of it,〈◊〉(as I am informed) that the annual treaſure of the〈◊〉of London, is above five hundred thouſand pounds, which ought to be•aid out to beare and defray the publick taxes and burthens of the City, and our own following Charters〈…〉how to aſſeſ your Parliament taxes〈…〉preſented to all you my〈…〉to God, and reſt,
De Confirmatione London.REX eiſdem ſalutem. Inſpeximus Cartam Dom. Henr. nuper Regis patris noſtri factam in haec verba, Hen. &c. Inſpeximus etiam tenorem Cartae Dom. H. quondam Regis Angl. progenitoris noſtri factam in hac verba:
Sciatis nos Conceſſiſſe Civibus meis London. tenend. Middleſex. per firmam pro 300. l. ad compotum ipſis & heredib. ſuis, de me & heredib. meis. Ita quod ipſi Cives ponent Vicecomitem qualem voluerint de ſeipſis & Juſtic. quemcunque vel qualem voluerint de ſeipſis ad cuſtoſtienda placita Coronae meae & eadem placitanda, & nullus alius erit Juſtic. ſuper ipſos homines London. & Cives non placitabunt extra muros Civitatis pro ullo placito, & ſint quieri de Schot & de Lot. & de danegeld, & de murdro & nullus eorum faciat bellum. Et ſi quis Civium de placitis Coronae implacitatus fuerit (per ſacram quod iudicatus fuerit in Civitate;) ſe diſrationet. homo London. Et infra muros Civitatis nullus hoſpitetur neque de mea familia, neque de alia vi alicui liberatur. Et omnes homines London. ſint quieti & liberi, & omnes eorum res per totam Angl. et per portus maris de theloneo & paſſagio, & leſtagio, & omnibus aliis conſuetud. 〈1 page duplicate〉1〈1 page duplicate〉2& Eccleſiae, & ſinguli Barones & Cives habeant & teneant bene & in pace ſocas ſuas cum omnibus conſuetud. Ita quod hoſpites qui in ſocis hoſpitabuntur nulli dent conſuetudines niſi illi cujus ſoca fuerit, vel miniſtro ſuo quem ibi poſuerit. Et homo London. non judicetur in ameraiam. pecuniae niſi ſawere, ſcil. ad C. s. dico de placito quod pecuniam ad pertineat. Et amplius non ſit miskennine in huſtengo, neque in Folkeſmot, neque in aliis placitis infra Civitatem. Et Huſtengum ſedeat ſemel in hebdome; viz. die Lunae. Et terras & vadimonia & debita Civibus meis habere faciam infra Civitatem & extra, & de terris de quibus ad me clamaverint rectum eis tenebo lege civitatis. Et ſi quis theloneum vel conſuetud. à civibus meis London. ceperit; Cives London. in Civitate capiant de Burgo, vel de villa ubi theloneum vel conſuetudo capta fuerint quantum homo London. pro theloneo dedit & proinde de dampno receperit. Et omnes debitores qui civibus London. debita debent eis reddant in London. vel in London. ſe diſrationent quod non debent quod ſi reddere noluerint, neque quod non debent ad diſrationand. venire; tunc cives London. quibus debita ſua debentur capiant namia ſua in civitate London. de Burgo vel villa, vel de Com. in quo manet qui debitum debet. Et cives London. habeant fugationes ſuas ad fugandum, ſicut melius & plenius habuerint anteceſſores eorum; ſcil. in Chiltre, & Middleſex, & Surr,
Inſpeximus inſuper cartam Dom. Henrici ſecundi quondam Reg. Angl. progenitoris noſtri factam in haec verba:
Sciatis me conceſſiſſe Civibus meis London. quod nullus corum placitet extra muros civitatis London. de ullo placito praeter placita de tenuris exterioribus, exceptis Monetariis & Miniſtris meis. Conceſſi etiam eis quietanciam murdri infra urbem & in portſoca. Et quod nullus eorum faciat duellum: & quod de placitis and Coronam pertinentib. ſe poſſint diſrationare ſecundum3 antiquam conſuetud. civitatis praedictae. Et quod infra muros Civitatis nemo capiat hoſpitium per vim vel per liberationem Mareſcalli. Hoc etiam eis conceſſi quod omnes Cives Lond. ſint quieti de theloneo & leſtagio per totam Angli. & per portus maris, & quod nullus de amerciam. pecuniae judicetur. niſi ſecundum legem civitatis quam labuerunt tempore Reg. H. avi mei. Et quod in Civitate in nullo placito ſit meskeninga, Et quod Huſtingum ſemel tantum in hebdomade teneatur: & quod terras ſuas & tenuras & vadimonia & omnia debita juſtè habeant, quicunque eis debeat, & de terris ſuis, & tenuris quae infra urbem ſunt, rectum eis teneatur ſecundum conſuetudinem civitatis. Et de omnibus debitis ſuis quae accommodata fuerint apud Lond. & de vadimoniis ibidem factis placita apud Lond. teneantur. Et ſi quis in tota Anglia theloneum, vel conſuetudinem ab hominibus Lond. ceperit poſtquam ipſe à recto defecerit vic. Lond. nanium inde apud Lond. capiat. Concedo etiam eis quod habeant fugaciones ſuas ubicunque eas habuerint tempore Reg. H. avi mei. Inſuper etiam ad emendationem civitatit; eis conceſſi quod omnes ſint quieti de Brudtol, & de Childwite, & de Iereſgiene, & de Scotale. Ita quod Vic. meus Lond. vel aliquis alius Baillivus ſcotale non fac. Has praedict. conſuetud. eis concedo, & omnes alias libertates, & liberas conſuet. quas habuerunt tempore Reg. H. avi mei, quando meliores vel liberiores habuerunt. Quare volo & firmiter pracipio quod ipſi & heredes eorum haec omnia praedicta hereditarie habeant & teneant de me & de meis hered.
Inſpeximus etiam cartam Dom. Ric. primi quondam Regis Angliae progenitoris noſtri factam in haec verba.
Sciatis nos conceſſiſſe Civibus noſtris London, quod nullus eorum placitet extra muros civitatis London. de ullo placito praeter placita de tenuris exterioribus, exceptis monetariis & miniſtris noſtris. Conceſſimus etiam eis quietantiam4 murdri infra urbem, & in Portſocha, & quod nullus eorum fac. duellum. & quod de placitis ad coronam pertinent. ſe poſſint diſrationare ſecundum antiquam conſuetud. civitatis. Et quod infra muros civitatis nemo capiat hoſpitium per vim, vel per liberationem Mareſcalli. Haec etiam eis conceſſimus quod omnes cives Lond. ſint quieti de teloneo & leſtagio per totam Angliam, & per portus maris. Et quod nullus de amerc. pecuniae judicetur, niſi ſecundum legem civitatis quam habuerunt tempore Regis Henrici avi Henr. patris noſtri. Et quod in Civitate in nullo placito ſit miskenninga. Et quod huſtingum ſemel tantū in hebdom. teneatur, & quod terras ſuas & tenuras & vadimonia, & debita omnia juſtè habeāt quicunqueeis debeat & de terris ſuis & tenuris quae infra urbem ſunt, rectum eis teneatur ſecundum conſuetudinem civitatis, & de omnibus debitis ſuis quae accommodata fuerint apud London. & de vadimoniis ibidem factis placita apud London. teneantur. Et ſi quis in tota Anglia teloneum vel conſuetudinem ab hominibus London. ceperit poſtquam ipſe à recto d•fecerit; Vic. London. nanium inde apud London. capiat. Concedimus etiam eis quod habeant fugaciones ſuas ubicunque eas habuerunt tempore Reg. H. avi Henr. patris noſtri. Inſuper etiam ad emendationem civitatis, eis conceſſimus quod omnes ſint quieti & de Bridtol & de Chidwite, & de Iereſgiene, & de Schothale. Ita quod Vic. noſt. Lond. vel aliquis alius Ballivus Scothale non fac. Has praedictas, conſuetudines eis concedimus & omnes alias libertates & liberas conſuetudines quas habuerunt tempore Reg. Henrici avi Henr. patris noſtri quando meliores vel liberiores habuerunt. Quare volumus & firmiter praecipimus, quod ipſi & heredes eorum haec omnia praedicta hereditarie habeant & teneant de nobis & Heredib. noſtris.
Inſpeximus etiam quandam aliam Cartam ejuſdem Dom. Reg. Progenit. noſtri factam in haec verba.
Noverit univerſitas veſtra, nos pro ſalute animae noſtrae, & pro ſalute animae H. Reg. patris noſtri, & animarum anteceſſorum noſtrorum necnon & pro communi utilitate civitatis noſtrae London. & totius regni noſtri; conceſſiſſe, & firmiter praecepiſſe, ut omnes Kiddelli qui ſunt in Thamiſia amoveantur ubicunque fuerint in Thamiſia: & ne de caetero Kidelli alicubi ponantur in Thamiſia. Quietura etiam clamavimus omne id quod Cuſtodes Turris noſtrae London. annuatim percipere ſolebant de predictis Kidellis. Quare volumus, & firmiter praecipimus, ne aliquis Cuſtos prefatae Turris aliquo tempore poſt hoc aliquid exigat ab aliquo nec aliquam demandam aut gravamen ſive moleſtiam alicui inferat occaſione praedictorum Kidellorum: ſatis enim nobis conſtat & per venerabilem patrem noſtrum Hub. Cantuar. Archiepiſcopum, de per alios fideles noſtros nobis ſufficienter datum eſt intelligi; quod maximum detrimentum & incommodum praedictae civitati noſtrae London. necnon & toti regno noſtro occaſione illorum Kidellorum proveniebat. Quod ut firmum & ſtabile perſeveret in perpetuum praeſentes paginae inſcriptione & ſigilli noſtri appoſitione communivimus.
Inſpeximus etiam Cartam Domini Johannis quondam Reg. Angl. progenitor's noſtri factam in haec verba:
Sciatis nos conceſſiſſe civibus noſtris London, quod nullus eorum placitet6 extra muros civitatis London. de ullo placito praeter placita de tenuris exterioribus, exceptis Monetariis & Miniſtris noſtris: Conceſſimus etiā eis quietanciam murdri infra urbem & in portſocha: Et quod nullus eorum fac. duellum, & quod de placitis ad coronam pertinen. ſe poſſint diſrationare ſecundum antiquam conſuetudinem civitatis: & quod infra muros civitatis neque in portſocha nemo capiat hoſpitium per vim vel per libertationem Mariſcalli. Hoc etiam eis conceſsi. quod omnes cives London. ſint quieti de teloneo & leſtagio, & omnia alia conſuetud. per omnes terras noſtras citra mare, & ultra, & per portus maris citra mare & ultra. Et quod nullus de amerciam. pecuniae judicetur niſi ſecundum legem civitatis quam habuerunt tempore Reg. Hen. avi Henrici patris noſtri: & quod in civitate in nullo placito fit miskenninga: Et quod huſtingum ſemel tantum in hebdomada teneatur, & quod terras ſuas & tenuras, & vadimonia, & debita omnia juſtè habeant, quicunque eis debeat & de terris ſuis & tenuris quae infra urbem ſunt; rectum eis teneatur ſecundum conſuetudinem civitatis, & de omnibus debitis ſuis quae accommodata fuerint apud Londinum, & de vadimoniis ibidem factis placita apud London. teneantur: Et ſi quis in aliqua terrarum noſtrarum citra mare vel ultra, ſive in portubus maris citra mare vel ultra; teloneū vel aliquam alium conſuetudinem ab hominibus London. ceperit; poſtquam ipſe à recto defecerit, Vic. Lond. namium inde apud London capiant. Concedimus etiam eis quod habeant fugaciones ſuas ubicunque eas habuerunt tempore Regis H. avi Henr. patris noſtri. Inſuper etiam ad emendationem civitatis eis conceſsimus, quod omnes ſint quieti de Bridtol & de Childwite, & de Iereſgiene, & de Scotale. Ita quod Vic. noſtr. Lond. vel aliquis alius Ballivus Scotale non fac. Has praedictas conſuetudines eis conceſsimus & omnes alias libertates & liberas conſuetudines quas habuerunt tempore Regis Henrici avi Henrici patris noſtri quando meliores vel liberiores habuerunt. Quare volumus & firmiter praecipimus quod ipſi & heredes eorum haec omnia praedicta hereditarie & integre habeant & teneant de nobis & heredib. noſtris.
Inſpeximus etiam quandam aliam Cartam ejuſdem Domini Johan. factam in hac verba:
Sciatis nos conceſsiſſe & praeſenti carta noſtra confirmaſſe, civibus London. Vicecom. Lond. & de Middleſex, cum omnibus rebus & conſuetudinib. quae pertinent ad praedict. Vicecomit. infra civitatem & extra per terras & per aquas: Habend. & tenend. eis, & heredibus ſuis finabiliter de nobis & hered. noſtris: reddendo inde aunuatim nobis & heredib. noſtris tres cent. lib. Sterlingorum blancorum duobus terminis anni; ſcilicet ad ſcaccar. Paſch. centum & quinquaginta lib. Et ad ſcaccar. ſancti Mich. centum & quinquaginta lib ſalvis civibus London omnibus libertatibus & liberis conſuetud. ſuis. Et praeterea conceſsimus civibus London. quod ipſi de ſcipſis faciant Viceconi quoſcunquevoluerint & amoveant quando voluerint & eos quos fecerint Vic. praeſentent Iuſtic. noſtris qui reſpondeant nobis vel Iuſtic. noſtris ad Scaccar. noſtrum de hiis quae ad praedictum Vicecom. pertinent ex quibus nobis reſpondere debent, & niſi ſufficienter reſponderint & ſatisfecerint; cives London. reſpondeant & ſatisfaciant de amercia. & firma ſalvis eiſdem civibus libertatibus ſuis, ſicut praedictum eſt. Et ſalvis Vic. eifdem libertatibus quas alii cives London habent. Ita ſcilicet quod ſi illi qui pro tempore fuerint Vicecom. conſtituti aliquid delictum fecerint unde amerciam pecuniae debeant incurrere; non judicentur ad plus niſi ad amerciam. viginti librarum & hoc ſine dampno aliorum civium ſi Vic. non fufficiant ad amerc. ſuorum ſolutionem. Si vero aliquod delictum fecerint, per quod periculum vitae vel membrorum incurrere debeant; judicentur ſicut judicari debent per legem civitatis: de hiis autem quae ad praedictum Vic. pertinent reſpondeant Vicecom. ad Scaccar. noſtrum coram Iuſtic. noſtris: ſalvis eiſdem Vic. libertatibus quas alii8 cives Lond. habent. Hanc vero conceſsionem & confirmationem fecimus civibus Lond. propter emendationem ejuſdem civitatis, & quia antiquitus conſuevit eſſe ad firmam pro recentis libris. Quare volumus & firmiter praecipimus quod cives Lon. & heredes ſui praedictum Vicecom. Lond. & de Middelſex, cum omnibus ad praedictum Vicecom. pertin. habeant & teneant de nobis & hered. noſtris finabiliter, & hereditarie libere & quiete honorifice & integre per praedictam firmam treſcentarum librarum: & prohibemus ne aliquis civibus London. aliquod gravamen vel impedimentum, vel diminutionem, de hiis quae ad praedictum Vicecom. pertinent vel pertinere folebant facere praeſumat. Volumus etiam & praecipimus quod ſi nos, vel hered. noſtri, vel aliquis Iuſtic. noſtrorum aliquid dederimus vel conceſſerimus alicui de hiis quae ad firmam praedicti Vicecomit. pertinent. illud civibus Lond. in acquietatione firmae ſuae ad Scaccar. noſtrum annuatim computetur.
Inſpeximus inſuper quandam aliam Cartam praedicti Domini Iohan. progenitoris noſtri factam in haec verba.
Noverit univerſitas veſtra, Nos pro ſalute animae noſtrae, & pro ſalute animae H. Reg. patris noſtri, & animarum anteceſſorū noſtrorum, necnon & pro communi utilitate civitatis noſtrae London & totius regni noſtri; conceſsiſſe & firmiter praecepiſſe, ut omnes Kidelli qui ſunt in Thamiſia vel in Medeway ubicunque fuerint in Thamiſia, vel in Medeway amoveantur, & ne de caetero Kidelli alicubi ponantur in Thamiſia, vel in Medeway ſuper forisfac. decem librarum Sterlingorum. Quietum etiam clamavimus omne id quod Cuſtodes Turris noſtrae London. annuatim percipere ſolebant de praedictis Kidellis. Quare volumus & firmiter praecipimus ne aliquis Cuſtos prefatae Turris aliquo tempore poſt hoc aliquid exigat ab aliquo nec aliquam demandam aut gravamen ſive moleſtiam1 alicui inferat occaſione praedictorum Kidellorum: ſatis enim nobis conſtat per venerab patrem noſtrum, Hub. Cant. Archiepiſcop. & per alios fideles noſtros, nobis ſufficienter datum eſt intelligi quod maximum detrimentum & incommodit praedict. noſt. civitati London. neenon & toti regno noſtro occaſione illorum Kidellorum proveniebat. Quod ut firmum & ſtabile perſeveret in perpetuum; praeſentis paginae inſcriptione & ſigilli noſtri appoſitione communimus hiis teſtibus,
Inſpeximus etiam quandam aliam Cartam praefati Dom. J. factam in haec verba:
Sciatis nos conceſſiſſe & praeſenti Carta noſtra confirmaſſe Baronibus noſtris de civitate noſtr•London. quod eligant ſibi Majorem de ſcipſis ſingulis annis qui nobis ſit fidelis diſcretus & idoneus ad regimen civitatis. Ita quod cum electus fuerit nobis vel Juſtic. noſtro ſi praeſentes non ſuerimus praeſentetur, & nobis juret fidelitatem & quod liceat eis ipſum in fine unni amovere, & alium ſubſtituere ſi voluerint vel eundem retinere. Ita tamen quod nobis oſtendatur idem vel Juſtic. noſtro ſi praeſentes non fuerimus. Conceſſimus etiam eiſ•…m Baronibus noſtris & hac Carta noſtra confirmavimus quod habeant bene & in pace quiete & integre omnes libertates ſuas quibus hactenus uſi ſunt tam in cicivitate London. quam extra & tam in aquis quam in terris & in omnibus aliis locis ſalva nobis Chamberlengeria noſtra. Quare volumus & firmiter praecipim•s quod praedicti Barones noſtri civitatis noſtrae London. eligant ſibi Majorem ſingulis annis de ſeipſis praedicto modo & quod omnes praedictas libertates bene & in pace integre & plenarie cum omnibus ad hujuſmodi libertates2 pertinentibus ſicut praed. eſt.
Inſpeximus inſuper quandam aliam cartam ſupradicti Dom. J. fact. in haec verba:
Sciatis nos ad petitionem Majoris & Civium noſtrorum London. Conceſſiſſe & praeſenti Carta confirmaſſe quod Guilda telaria, non ſit de caetero in Civitate London. nec ullatenus ſuſcitetur, &c.
Inſpeximus etiam quandam aliam cartam ejuſdem Dom. Hen. factam in haec verba:
Sciatis nos conceſſiſſe, & praeſenti Carta noſtra confirmaſſe, Baron. noſtris de Civitate noſtra London. quod eligant ſibi Majorem de ſe ipſis ſingulis annis, qui nobis ſit fidelis diſcretus, & idoneus ad regimen Civitatis. Ita quod cum electus fuerit, nobis vel Iuſtic. noſtro ſi praeſentes non fuerimus, preſentetur, & nobis juret fidelitatem. Et quod liceat eis ipſum in fine Anni amovere & alium ſubſtituere ſi voluerint, vel eundē retinere. Ita tamē quod nobis oſtendatur idem, vel Iuſtic. noſtro ſi preſentes non fuerimus. Conceſſimus etiam eiſdem Baronibus noſtris, & hac carta noſtra confirmavimus quod habeant bene & in pace libere quiete & integre omnes libertates ſuas quibus hactenus uſi ſunt, tam in Civitate London. quam extra, & tam in aquis, quam in terris & omnibus aliis locis, Salva nobis Chamberlegeria noſtra. Quare volumus & firmiter praecipimus quod praed. Barones noſtri Civitatis noſtra London. eligant ſibi Majorem ſingulis annis, de ſe ipſis, praedicto modo; Et quod habeant omnes praedictas libertates bene & in pace integre & plenarie cum omnibus ad hujuſmodi libertates pertientibus, ſicut carta dom. patris noſtri Johannis illuſtris Anglorum Regis quam inſpeximus rationabiliter Teſtatur.
3Inſpeximus etiam cartam dom. E. filii Regis. E. quondam Regis Angliae progenitoris noſtri factam in haec verba.
Sciatis quod cum dilecti & fideles noſtri Major, Aldermanni, ac caeteri Cives Civitatis noſtrae London. nuper pro meliors alone civitatis ejuſdē, ac pro com. utilitate habitantium in civitate illa, & confluentium ad eandem quaedam inter ſe ordinaſſent, & ſtatuiſſent in eadem Civitate perpetuo obſervanda, & nobis cum inſtantia ſupplicaſſent ut ea acceptare & confirmare curaremus, Nos inſpectis quibuſdam literis com. ſigillo Civitatis illius, ac ſigillo officii Majoritatis ejuſdem Civitatis ſuper praemiſſis patent. ſignatis, & nobis exhibitis, quoſdam articulos a literis praedictis elici, & eos in quibuſdam corrigi fecimus, prout inferius inferuntur videlicet. quod major & Vicecomites Civitatis praedictae per Cives ejuſdem Civitatis juxta tenorem cartarum progenitorum noſtrorum quondam Regum Angliae eis inde confecta tum eligantur, & non alio modo, & quod major Civitatis praedict. in officio Majoritatis illius ultra unum annum ſimul non moretur. Et quod nullus Vicecomitum Civitatis illius qui pro tempore erunt, habeat niſi duos Clericos, & duos ſervientes ratione officii illius, & quod tales clericos & ſervientes ſibi, ſuo periculo aſſumant, pro quibus voluerint reſpondere. Et quod Major Civitatis praed. dum Major fuerit, non habeat aliud officium ad Civitatem illam ſpectans quam officium Majoratus ejuſdem, nec ſibi attraliat ſeu coram ipſo teneat placitum vicecomitale in Camera Civitatis illius, nec alia placita quam illa quae ſecundum antiquam conſuetudinem Civitatis praed. tanquam Major tenere debet. Et quod Aldermanni Civitatis illius de anno in annum, & praecipue die ſancti Gregorii Papae, per dictam Cōmunitatem ſint amobiles & amoti anno ſequēti, non re-eligantur ſed loco amotorū alii eligantur per eaſdē Gardas de quibus ſic amoti Aldermanni fuerunt. Et quod taliagia, vel auxilia ad opus noſtrum, vel haered. noſtrorum, ſen pro ſtatu & commodo Civitatis praed. exnunc in eadem aſſidend. poſtquam per homines gardarum ad hoc electos ſeu deputatos aſſeſſa fuerunt per Majorem, Aldermannos, ſeu alios n•n augmententur, nec exaltentur niſi de com. cōſenſu majoris & cōmunitatis civitatis praed. & quod denarii de hujuſmodi tallagiis & auxiliis provenientes in cuſtodia10 quatuor proborum hominum communariorum Civitatis praed. per Cōmunitatem ejuſdē Civitatis, ad hoc eligendorum liberentur per teſtimonium eorundem quatuor hominum ulterius liberand. Ita quod iidem quatuor homines Communitatem praed. ad quod commodum, & quos uſus denarii illi devenerint valeant informare. Et quod nullus alienigena in libertatem Civitatis praed. admittatur niſi in huſtengo, & quod indigena, & praecipue Anglicus mercator de certo miſterio vel officio in libertatem Civitatis praed. non admittarur niſi per manuc aptionem ſex hominum proborū & ſufficientium, de miſterio vel officio, de quo ille erit qui in libertatem ſic eſt admittendus: qui quidem ſex homines manucapiant pro illo ſic admittendo de conſervando Civitatem praed. indempnem in illa parte & eadem forma manucaptionis obſervetur de alienigenis praed. qui in libertatem Civitatis praed. in huſtengo admittendi ſunt, ſi ſint de aliquo certo meſterio vel officio, & ſi non ſint de certo meſtero; tunc in libertatem ejuſdem Civitatis non admittantur ſine aſſenſu communitatis civitatis illius, & illi qui in libertatem Civitatis illius, poſtquam regimen regni noſtri ſuſcepimus contra formas praeſcriptas, ſunt admiſſi & qui contra ipſorum iuramentum, in hac parte preſtitum, vel contra ſtatum Civitatis illius venerunt, & inde legitime convincantur; libertatē amittant Civitatis praed. Salvo ſemper quod de Apprenticiis in eadēcivitate obſerventur modus & forma antiqui civitatis praed. Et quod ſingulis annis in praed. civit. quociens opus fuerit inquiratur ſi qui de libertate ejuſdem civitatis de bonis aliorum, qui non ſunt de eadem libertate in civitate illa mercandiſas excercuerint bona illa advocando propria ſua eſſe contra ipſorum juramentum, & contra libertatem civitatis praed, & illi qui inde legitime couvicti fuerint; libertatem ejuſdem civitatis amittant. Et quod omnes et ſinguli in libertate civitatis praed. exiſtentes & libertatibus ac liberis conſuetud. ejuſdem civitatis gandere volentes ſint in lotto & Schotto & participes omnium onerum pro ſtatu ciuitatis ejuſdem, & pro libertate ejuſdem manutenendum juxta ſacr. quod fecerunt quando ad libertatem illam admiſſi fuerunt, & qui hoc noluerit; libertatem ejuſdem civitatis amittat. Et quod omnes & ſinguli de libertate civitatis illius exiſtentes & extra eandem civitatem manentes, ac per ſe, vel per ſuos, mercandiſas ſuas infra dictam civitatem excercentes ſint in lotto15 & ſcotto cum communariis ejuſdem civitatis pro mercandiſis ſuis praed. vel aliàs a libertate ſua amoveantur. Et quod cōmune ſigillum civitatis praed. in cuſtodia duorum Aldermannorum & duorum aliorum communariorum per communarios civitatis illius ad hoc eligendorum remaneat & quod ſigillum illud non negetur pauperibus nec divitibus communariis de civitate praed. cum indiguerint dum tamen rationabiliter probare poterunt cauſam ſuaedemādae & quod pro appopoſitione ſigilli illius nichil capiatur. Et quod redditiones judiciorū in caria civitatis illius & praecipue poſt veredictum inquiſitionum captarum in caſibus ubi inquiſitiones captae fuerint, non retardentur niſi difficultas intervenerit, & ſi difficultas intervenerit; propter hoc non remaneant ultra tertiam Cur. faciendae. Et quod pondera & ſtaterae de mercandiſis inter mercatores & mercatores ponderandis de quibus exitus provenientes & cognitio eorundē ad cōmunitatem civitatis praed. pertinent in cuſtodia proborum & ſufficientium hominum de eadem civitate in officio illo expertorum & ad hoc per cōmunitatē praed. eligendorum remaneant ad voluntatem cōmunitatis illius cuſtodiend. & quod aliis, quam ſic eligendis nullatenus comittatur. Et quod vicecomites civitatis praed. qui prae tempore fuerint theloneum & alias cuſtumas, ad firmam ſuam pertinentes ac alia officia publica ad ipſos ſpectantia, & per alios excercend. ſi ea committere voluerint civibus ſufficientibus pro quibus ipſi vicecomites reſpondere voluerint, & non aliis committant, & ſi quis per dictos vicecomites ad aliquod praemiſſorum Deputatus, cuſtumam indebitam capiat vel aliter ſe geſſerit in officio illo quam debeat & ad ſectam conquerentis inde convincatur, ab officio illo amoveatur, & juxta ejus demerita pun•…tur. Et quod mercatores, qui nō ſunt de libertate civitatis praed. vina aliqua ſeu alia mercimonia infra eandem civitatem ſeu ſuburbia ejuſdem ad retalliam non vendant: Et quod abbroccatores aliquarum mercandiſarum in civitate praedicta de catero no•exiſtant, niſi per mercatores de meſteris in quibus ipſi obroccatores habeant officia ſua exercere ad hoc electi fuerint & ſuper hoc ſaltem coram Majore civitatis praedict. praeſtiterint juramentum. Et quod omnes hoſpitatores in civitate praedicta, & ſuburbiis ejuſdem, quam vis non ſint de libertate civitatis illius, ſint participes onerum per dictam civitatē pro ſtatu ejuſdem manutenendo contingentium quamdiu ſic fuerint6 communes hoſpitatores ſicut caeteri hujuſmodi hoſpitatores in civitate & ſuburbiis praedict. ratione hoſpitalitatum ill•rum participabunt: ſalvo ſemper quod Mercatores de Vaſcon & alii alienigenae in dicta civitate ad invicem habitare & hoſpitati poſſint prout hactenus facere conſueverunt. Et quod cuſtodi•…pontis civitatis praedict. & redditus & proficua ad pontem illum pertinentia duobus probis & ſufficientibus hominibus de civitate praedicta aliis quam Aldermannis ad hoc per cōmunitatem civitatis illius eligendis ad voluntatem ejuſdem cōmunitatis cuſtodienda & qui eidem cōmunitati inde reſpondeant & non aliis committantur. Et quod nullus ſerviens de Camera Guyhaldae civitatis praedictae capiat feodum de cōmunitate civitatis illius aut executionem faciat, niſi unus per cōmunitatem civitatis praedict. ad hoc electus: Et quod Camerarius, communis Clericus, & communis ſerviens civitatis praedict. per cōmunitatem civitatis ejuſdem eligantur & amoveantur pro voluntate ejuſdem Cōmunitatis. Et quod Major & Recordator civitatis praedict. ac praedicti Camerarius. & communis clericus feodis ſuis ratione officiorum ſuerum antiquitus ſtatutis & ſolutis ſint contenti, & alia feoda non capiant pro officiis ſupradictis. Et quod bona Aldermannorum civitatis praedict. in auxiliis tallagiis & aliis contributionibus dictam civitatem contingentibus per homines de gardis in quibus Aldermanni illi moram fecerint taxentur ſicut bona caeterorum civium de ejuſdem Gardis. Quos quidem articulos prout ſuperius exprimuntur, & contenta in eiſdem, acceptamus, approbamus, & ratificamus, & ea pro nobis, & heredib. noſtris quantum in nobis eſt prefatis civibus heredibus & ſucceſſoribus ſuis concedimus & confirmamus in civitate & ſuburbiis praedictis ad communem utilitatem in illis habitantium & confluentium ad eadem obtinend. & in perperuum obſervand. Praeterea, volentes Majori Aldermannis. & civibus civitatis praedict. ad ipſorum requiſitionem gratiam facere ampliorem; conceſſimus eis pro nobis & heredibus noſtris, quod Major, Aldermanni, cives, & cōmunitas comuniariourm civitatis praedict. & eorum hered. & ſucceſſores pro neceſſitatibus ſeu utilitatibus ejuſdem civitatis noſtrae inter ſe de ipſorum communi aſſenſu ſuper bonis ſuis infra civitatem illam ſuper tam redditibus quam aliis & tam ſuper meſteris quam alio modo quo expedire viderint tallagia aſſidere poſſint &7 levare ſine occaſione noſtri, vel hered. noſtrorum, ſeu miniſtrorum quorumcunque& quod denarii de hujuſmodi tallagiis provenientes in cuſtodia quatuor proborū & legal. hominum dictae civitatis per cōmunitatem civitatis illius ad hoc eligendorū remaneant, & extra ipſorum cuſtodiam pro neceſſitatibus ſeu utilitatibus civitatis praedict. & non aliter expendantur. In cujus rei teſtimonium, has literas noſtras fieri fecimus patentes.
Memorand. quod hi articuli confirmātur in Rotulis Cartarum de anno 15. E. 3. nu. 12. Per ipſum Reg. & Con. ſuis in Parliamento.Nos autem donationes conceſſiones confirmationes reſtitutiones innovationem & ordinationem praedictas necnon omnia alia & ſingula in Cartis, literis & tenore praedictis contenta rata habentes & grata ea pro nobis & heredibus noſtris, quantum in nobis eſt acceptamus, approbamus, ac pre•…atis civibus, & eorum heredibus & ſucceſſoribus civibus civitatis illius tenore praeſentium concedimus & confirmamus prout Cartae literae & tenor praedict. plenius teſtantur. Praeterea volentes eiſdem civibus fuis multiplicibus exigentibus meritis & obſequiis gratiam in hac parte facere ampliorem; conceſſimus eis pro•nobis & heredibus noſtris, quantum in nobis eſt quod licèt ipſi vel predeceſſores ſui aliqua vel aliquibus libertatum quietancia•um conceſsionum ordinationum liberarum conſuetudinum aut aliorum in dictis Cartis literis & tenore contentorum aliquo caſu•mergente hactenus plene uſi non fuerint, ipſi tamen cives & eorum heredes & ſucceſſores cives civitatis illius omnibus & ſingulis•ibertatibus quietanciis conceſsionibus ordinationibus liberis conſuetud. & omnibus aliis in cartis literis & tenore praedictis contentis & eorum quolibet de caetero plene & libere gaudeant & ut•…tur in perpetuum ſine occaſione vel impedimento noſtri vel hered. noſtrorum, Iuſtic. Eſcaetorum, Vic. aut aliorum Ballivorum, ſeu Miniſtrorum noſtrorum, vel hered. noſtrorum quorumcumque.
Convenit cum Recordo,
Cum per Cartas progenitorum noſtrorum quondam Regum Angl. quas confirmavimus, conceſſum ſit civibus noſtris civitatis praedict. quod Majorem & Aldermannos de ſcipſis quos voluerint eligant: & ipſos, nobis apud Weſtm. non exiſtentibus, Theſaur. & Baron. noſtris de Scaccario preſentent ut ibidem prout moris eſt admittantur. Ac jam intellexerimus quod quanquam hujuſmodi electiones per Majorem & Aldermānos nec non diſcretiores dictae civitatis, ad hoc ſpecialiter ſummonitos & praemunitos temporibus retroact is fieri conſueverit: nonnulli tamen qui aliquod intereſſe in electionibus hujuſmodi non habent, nec habere debent; electionibus illis auſu temerario ſe ingerunt immiſcent & multociens electiones quae rite & pacifice fierent, ſuis validis clamoribus & importunis multipliciter impediunt & perturbant ad intentionem quod tales eligantur qui ſuis malefactis & erroribus poſtmodum ſavere poſſent & ea ſub diſſimulatione dimittere impunita: quod ſi fieri permittaturin noſtri ac coronae & digtatis noſtrae laſionē nec non ſtatus civitatis praedictae ſubverſionē civiumquenoſtrorum ibidem perturbationem & commotionē cederet manifeſte. Nos igitur quieti & tranquillitati populi nobis ſubjecti providere & congruum remedium in hac parte volentes adhibere ut tenemur; vobis praecipimus firmiter injungentes quod ante tempus electionis Maioris civitatis praedictae proxime17 faciend. per totam civitatem illam, & libertatem ejuſdem ex parte noſtra publice proclamari, & firmiter inhiberi fac. ne quis hujuſmodi electioni niſi qui de jure, & ſecundum conſuetudinem civitatis praedict. intereſſe debeat illi interſit quovis modo nec ſe de electione illa quoquo quaeſito colore intromittat, neque eſiam impediat vel perturbet. Sed quod electio illa per Aldermannos, & alios Cives diſcretiores & potentiores civitatis paedict. ad hoc ſpecialiter praemunitos & ſummonitos fiat & habeatur prout ſecundum conſuetudinem ſupradictam fuerit faciend. ſcientes pro certo quod ſi quem alio modo quam ut premittitur electum nobis vell Theſau. & Baronibus de Scaccario praeſentaveritis illum nulatenus admittemus & omnes illo•quos contrarium proclamationis & inhibitionis praedictarum inveneritis facientes arreſtetis & eos priſonae noſtrae committatis ibidem moratur quouſque pro eorum deliberatione duxerimus demandand.
Of the Cōfirmation of London.THE King to them before ſaid Greeting. We have underſtood and ſeene a Charter of Lord Henry our father late King of England L: Henry made in theſe words, Henry, &c. We have ſeen alſo the Tenour of a Charter of Lord Henry ſomtimes King of England our Progenitor.
Know ye That we have granted to my CITIZENS of LONDON, to hould Middleſex by Farme for 300. l. upon accompt, to them and their heires of me and my heires; So as the ſaid CITIZENS ſhall appoint a Sheriffe whom there they pleaſe of themſelves, and a Iustice whomſoever and what perſon ſoever of themſelves they pleaſe, to keepe the Pleas of my Crowne, which are to be pleaded for the ſame;Note this 1. And none other ſhall be Juſtice over the men of London, and the CITIZENS ſhall not pleade without the walles of London in any plea, and they ſhall be diſcharged and free of ſcot and lot of daneget and of murther, and none of them ſhall make warre. And if any Citizen bee19 impleaded upon pleas of the Crowne, (by oath that he was adjudged in the City) a man of London may diſcharge himſelfe and within the Walles of the City, none may be lodged, either of my Houſhold, neither by other force delivered to any, and all men of London ſhall be diſcharged and free (and all their goods) throughout all England and Seaports of Toll, and paſſage and Laſtage and all other Cuſtomes, and the Churches and every the BARRONS and CITIZENS may have and hould well and in peace their Sokes with all Cuſtomes, ſo that ſtrangers that do lodge in the Sokes, ſhall pay no Cuſtome but to him whoſe Soke it is, or to his Servant whom he hath there placed, & a man of London ſhall not be Iudged in the amercements of mony, but according to cuſtome (to wit) in 100. s. I ſay the pleas which concerne Amerciaments and miskenning or falſe Iudgement ſhall not be any more in huſtings nor in folkemote, nor in other pleas within the City, and the huſtings ſhall ſit once in a week (to wit) on Monday. And I will cauſe the CITIZENS to have their Lands and Pledges, and what is due unto them within the City, and without, And I will do right to them by the Law of the City for the Lands which they clayme of me, and if any ſhall take Tole or Cuſtome of my CITIZENS of LONDON,The CITIZENS of London in the City may take of the Burrough or of the Towne where the Tole or Cuſtome was taken ſo much as the man of London for Tole gave;And moreover, for his dammage which he ſhall receive, and all debtors, who owe debts to the CITIZENS of LONDON ſhall pay them in London, or ſhall diſcharge themſelves in London that they owe not, but if they will not pay the ſame, nor diſcharge themſelves; Then the CITIZENS of LONDON of thoſe that owed them debts, may take their Pledges or Diſtreſſes in the City of London, of that Burrough or village, or of that County in which he abideth who oweth the debt. And the CITIZENS of LONDON may have their Chaſes to Chaſe, as well and fully as their predeceſſors had (to wit) In Chiltre and Middleſex, and Surrey.
Moreover we have ſeen a Charter of our progenitor Lord Henry the ſecond, ſomtime King of England, made in theſe words.
Know ye, that I have granted to my Citizens of London, that none of them pleade another without the walles of London, beſides pleas of forraigne tenures, except my mony Coyners and Servants And we have alſo granted them aquittance of murther within the Citty, and in Porte Soke, and that none of them be inforced to make Duell, and that they may diſcharge themſelves of pleas belonging to the Crowne, according to the ancient Cuſtome of the ſaid City, and that within the walles of London none take up lodging by force, or appointment of the Marſhall. And this alſo I have granted to them, That all Citizens of London be free of Toll, and Laſtage throughout all England, and Sea-ports, and that none of them be judged in mercy of mony or amerced, but according to the Law of the City of London, which it had in the time of King Henry, my Grand-father; and that in the City miskenning or falſe Iudgement be in no plea, and that huſtings be houlden but weekly, onely once in the week, and that they may juſtly hould their Lands and Tenures and pledges and all debts, whoever he be that is indebted to them, and that right be done unto them of their Lands and Tenures, which be within the City, of all their debts which were borrowed at London, according to the Cuſtome of the City, and pleas held at London, and of Pledges there madeAnd if any in all England take toll or Cuſtome of the men of London,after ſuch ſhall fayle to do rightThe Sheriffe of London may take diſtreſſe thereupon at London, Alſo I grant to them that they have their Chaſes, whereſoever they had them in the time of my Grandfather King Henry.Moreover alſo, for the amendment of the City of London, I have granted to them, That all of them be free and diſcharged of Bridge-toll, and Childewite, and of Iereſgreene, and of Scotale, ſo that my Shrieffe of London or21 any other Bailiffe make no Scotale. Theſe ſaid Cuſtoms I grant,and all other liberties and free Cuſtoms which they had in the time of King H•nry my Grand-father; when they had them better and more free.Wherefore I will and firmly command that they and their heires may have and hold of me and mine heires, all the things aforeſaid for Inheritance.
We have underſtood and ſeene a Charter of our Progenitor Lord Richard the firſt, ſomtime King of England, made in theſe words.
Know ye, that we have granted to our Citizens of London, that none of them (except our Coyners and Servants) plead or ſue without the walles of London, of any pleas, beſides forraign Tenures. Alſo we have granted to them a diſcharge of Murther within the City of London, and in Porteſoke, and that none of them be enforced to wage Combat, and that they may acquit themſelves of the pleas belonging to the Crowne, according to the ancient cuſtome of the City, and that none take up any lodging within the walles of the City by force, or appointment of the Marſhall, Theſe we have alſo granted to them. That all Citizens of London be acquitted and free of Toll, and Laſtage, throughout England, and all Seaports,And that none be adjudged in mercy of mony, but according to the Law of the City, which they had in the time of Henry, Grandfather to Henry our Father, and that miskenning our falſe Judgment in the City be in no pleas, and that Huſtings be houlden but once in the week. And that they may juſtly have their Lands and Tenures, and Pawnes, and Pledges, and debts, whoſoever he be indebted22 unto them and right be done to them for their Lands and Tenures which are within the City according to the Cuſtome of the City, and pleas be houlden at London for all debts which became due and contracted for at London, and for pawnes or weds there made. And if any in all England ſhall take Tole or Cuſtome of the men of London; after that ſuch a one fail to do right, The Sheriffe of London may take a diſtreſſe thereupon at London.
We grant alſo to them, that they may have their Chaſes, whereſoever they had them in the time of King Henry, Grandfather unto Henry Our Father.
Moreover alſo, for the amendment of the City, we have granted to them; That all of them be acquit of Bridtoll, and of Childwite, and of Jerriſgreen, and of Scotale. So as our Sheriffe of London, or any other Bayliffe do not make Scotale.
Theſe aforeſaid Cuſtomes we grant to them, and all other Liberties and free Cuſtomes, which they had in the time of King Henry, Grandfather unto Henry our Father, when they had them better and more free.
Wherefore we will, and firmly command; that they and their Heires, all theſe aforeſaid, may have and hold as their Inheritance, and hold of us and our heires:
Given by the hand of William Biſhop of Ely, our Chancellor at Winton,the 23. day of April, in the fifth yeare of Our Reign.
We have viewed alſo another Charter of Our Progenitor the ſaid Lord the King, made in theſe words;
23Be it known unto you all, that we for the health of our Soule, and for the health of the Soule of King Henry our Father, and the Soules of our Predeceſſors, and alſo for the common profit of our City of London, and our whole Realme of England have granted and firmly commanded that all the Weeres which be in the Thames; be removed, whereſoever in Thames they be, and from henceforth Weeres be not ſet any where in Thames, we have alſo quite claymed all that which the Keepers of our Tower of London do uſe yeerly to take of the aforeſaid Weeres,Note this Mr. Lieutenant of the Tower, and give over your unjuſt towling of fiſh & other bootes, ſackbuts, and French Wine, Hogſheads, &c. wherefore we will and firmly commandthat not any Keeper of our Tower aforeſaid at any time hereafter take any thing of any man, neither bring any demand, or burthen, or trouble upon any, by reaſon of the ſaid Weeres, for it is fully made appeare unto us,and by our Reverend Father Hubert Archbiſhop of Canterbury, and other our faithfull Miniſters; we fully underſtand, that great loſſe and diſprofit did come unto our ſaid City of London, and alſo to our whole Realme, by reaſon of thoſe weeres, which that it may continue〈◊〉and ſure for ever, we have confirmed theſe preſents by hand writing and putting to our ſeale thereto
Given by the hand of Mr. Eustace, Deane of Sarum, Vice-Chancellour, then being at the Iſle of Andelazio14. of Iuly 8. yeare of our Raigne.
We have ſeen alſo another Charter of our Progenitour Lord Iohn late King of England, made in theſe words.
Know ye that we have grantes! to our CITIZENS of LONDON24 that none of THEM (except our Coyners and Servants) be impleaded without the walles of the City of any pleas, beſides pleas of forraigne Tenures out of the liberties. We have granted alſo to THEM acquittance of murther within the City and Suburbs, and that none of THEM be compelled to wage battayle, and that they may diſcharge THEMSELVES of the pleas belonging to our Crowne, according to the ancient Cuſtome of the City, and that within the walles of the City, nor Subburbs no man take up lodging by force or appointment of the Marſhall.
This we have alſo granted to THEM, that ALL THE CITIZENS of LONDON be aquit of Tole, and Laſtage, and of all other Cuſtomes through all our dominions on this ſide of the Sea and beyond. And that none in mercy of money be judged or amerced, but according to the Law of the City which they had in the time of King Henry, Grandfather of Henry our Father. And that misk•nning or falſe Iudgment, be not in any pleas in the City, and that Huſtings be holden onely but once in a week: And that they juſtly have all their Lands, and Tenures, and Pawnes, and debts of him, who ever he be that is indebted to them, and that right be holden to them of their Lands and Tenures which are within the City, according to the cuſtomes of the City, and of all their debts which were borrowed at London, and of Pawnes there made unto them, the pleas thereof ſhall be houlden at London, and if any within any of our Dominions on this ſide of the Sea, or beyond, or in any parts of the Sea, ſhall take any Toll, or any other Cuſtome of the men of London, after that he ſhall faile to do right. The Sheriffe of London may take therefore a diſtreſſe at London. We grant alſo to them, that they have their Chaſes whereſoever they had them in the time of King Henry Grandfather to Henry our Father. Moreover alſo for the amendment of THE CITY, we have granted to THEM that they be ALL acquit and diſcharged of Bridg-toll, and Childwite, and of Iereſgreene, and of Scotale, ſo that our Sheriffe of London, or any other Bayliffe, do not make Scotale. Theſe aforeſaid Cuſtoms we have granted to THEM, and all other liberties and free Cuſtoms which THEY had in the time of King Henry, Grandfather to Henry our Father, when they25 had them better, or more free. Wherefore we will and ſtrictly command, that THEY and THEIR Heires, have fully and for inheritance, wholly, all theſe aforeſaid, and hold of us and our Heirs.
Given by the hand of the aforeſaid H. Archbiſhop of Canterbury our Chancellor, at Sorham,the ſeveneteenth of June, in the firſt yeare of our reigne.
We have alſo viewed another certain Charter of the ſaid Lord John, made in theſe words,
Know yee, that we have granted, and by this preſent Charter confirmed to the CITIZENS OF LONDON, the Sheriffwick of Middleſex, with all things and cuſtomes which appertain to the ſaid Sheriffwick, within the Citie and without, by land and by water, to have and hold to THEM and THEIR HEIRES for ever, of us and our heires; paying there for yearly to us and our heires, 300. l. Sterling Blankes, at two tearmes of the yeare, To wit, at the Exchequer at Eaſter, 150. l. and at the Exchequer 150. l. at Michaelmas; ſaving to the CITIZENS OF LONDON all their Liberties and free Cuſtomes. Furthermore, we have granted to the CITIZENS OF LONDON, That they OF THEMSELVES may make Sheriffes whom THEY will, and remove them when they pleaſe; and that they preſent theſe whom they make Sheriffes, to our Juſtiſtices, who may anſwer to us; as our Barons of the Exchequer, for theſe things belonging to the ſaid Sheriffwicks, of which they ought to anſwer to us: And if they do not fully anſwer and ſatisfie the CITIZENS OF LONDON are to anſwer and ſatisfie of the Amercement of the Farm; ſaving to our ſaid CITIZENS26 their liberties as aforeſaid, and ſaving to the ſaid Sheriffes the ſame liberties which other the ſaid Citizens of London have, yet ſo that if thoſe which for the time being ſhall be appointed Sheriffes, ſhall commit any offence; wherefore they ought to incurr the mercy of mony, or be amerced, ſhall be adjudged or condemned in no more but in forfeiture of 20. l. (AND THAT WITHOVT LOSSE OR PREJVDICE OF OTHER Citizens.) If the Sheriffs be not able to pay the forfeiture, But if they commit any offence for which they ought to undergoe the tryall of life or member, they are to be judged as they ought by the Law of the City; But of that which belongs to the Sheriffwick, the Sheriffes ſhall anſwer in our Exchequer, before our Barons, Saving to the ſaid Sheriffes the liberties which other Citizens of London have.
This grant and confirmation we have made to our Citizens of London, for the amendment of the ſaid Citie. And becauſe anciently it hath been accuſtomed to be let to farm for 300 pounds, Wherefore we will and firmly command, that our citizens of London and their heires have and hold of us and our heirs for ever, and by inheritance freely and quietly, honorably and fully, the ſaid Sheriffwick of London and Middleſex by the aforeſaid Farme of 300. pound. And we forbid that not any preſume to make any let or hindrance to the citizens of London of that which belongs or was accuſtomed to belong to the ſaid Sheriffwick. Alſo Wee will and command, that if We, our heires, or any of our Juſtices, have given or granted to any, ought of that which belongs to the Farme of the foreſaid Sheriffwick; the ſame ſhall be yearly allowed upon account in the Exchequer to the citizens of London, in diſcharge of their Farme.
Moreover wee have ſeen another certaine Charter of the ſaid Lord Iohn our Progenitor made in theſe words.
Be it knowne unto you all, that we for the health of our Soule, and for the health of the Soule of King Henry our Father, and the Soules of our Progenitors, and alſo for the common profit of our City of London, and our whole Realm, have granted and firmly commanded that all the Weeres which are in Thames or Medewayes, whereſoever they be in Thames or Medeways, be removed thence and from henceforth no Weeres be ſet any where in Thames or Medeway, upon forfeiture of ten pounds ſtarling; We have alſo quite claimed all that which our Keepers of our Tower of London were wont yearly to take of the ſaid Weeres; Wherefore we will and firmly command, that not any Keeper of the aforeſaid Tower; at any time hereafter exact any thing of any, nor bring upon any, demand, burthen, or trouble by reaſon of the aforeſaid Weeres; for it is clearly made known unto us, by our reverend Father Hubert Archbiſhop of Canterbury, and by other our faithfull ſubject,•…it is fully given us to underſtand, that very great loſſe and diſprofit did come to our ſaid City, and alſo to our whole Realme, by reaſon of the ſaid Weeres, which that it may continue firme and ſure for ever; we have confirmed by our inſcription of this preſent Charter, and by putting thereto our Seal,
We have alſo ſeen another certain Charter of the foreſaid Lord John, in theſe words:
28Know yee, that we have granted, and by theſe preſent Charters confirmed to our BARONS OF OVR CITY OF LONDON, that THEY May of THEMSELVES chuſe yearly a MAJOR, who is to us faithfull, diſcreet, and fit for the Government of the Citie;By which is meant every free man of London. See Londons liberty in chaines diſcovered, p. 11. 12. ſo that when he ſhall bee choſen, he ſhall be preſented to us, or to our Iuſtice, if we be not preſent, and to ſweare to us fidelity; And that they may at the end of the yeare remove him, and appoint another, or continue him, if they pleaſe. Notwithſtanding ſo, that he be ſhewed to us, or to our Iuſtice, if we be not preſent. We have alſo granted to our ſaid BARONS, and by this Charter confirmed, That they may well, peaceably, quietly, and fully have all their liberties which heretofore they have uſed, as well in the Citie of London, as without, as well by water as by land, and in all other places, ſaving to us our Chamberlengarie. Wherefore wee will and firmly command, that our ſaid BARONS OF OVR SAID CITY OF LONDON, may chuſe yearly to themſelves, a Major of themſelves, after the aforeſaid manner: and that they may well and in peace, wholly and fully have the aforeſaid liberties with all things ap•ertaining unto the ſaid liberty, as is aforeſaid.
Moreover, we have ſeen another certain Charter of the foreſaid Lord John, made in theſe words:
Know yee, that we at the Petition of our Major and CITIZENS of London, have granted, and by this preſent Charter confirmed, that the Weavers Guild from henceforth be no more in the citie of London, nor any more revived, &c.
We have alſo ſeen another certain Charter of the ſaid Lord Henry, made in theſe words:
Know yee, that we have granted, and by this our preſent Charter confirmed to our BARONS OF OUR CITY OF LONDON, That THEY may of THEMSELVES chuſe every yeare a MAJOR, who is to us to bee faithfull, diſcreet, and fit for the government of the Citie: So that when he ſhall be choſen, he be preſented to us, or our Iuſtices, if we be not preſent, and ſweare to us fidelity. And that it may be lawfull for them at the end of the yeare to remove him, and appoint another, or continue him if they pleaſe; yet ſo as that the be ſhewed to us or our Iuſtices, if we be not preſent. We have alſo granted to our ſaid BARONS, and by this our Charter confirmed, That they well and in peace, freely, quietly, and wholly, may have and enioy all their liberties, which heretofore they have uſed, as well in the citie as without; as well by water as by land and in all other places; ſaving to us our Chamberidge. Wherefore we will and firmly command, THAT OUR SAID BARONS OF LONDON MAY OF THEMSELVES every year chuſe for THEMSELVES a Maior after the aforeſaid manner; and that they may well and in peace wholly and fully have and enioy all the ſaid liberties, with all things belonging to the ſame liberties, as the Charter of our Father, Lord John, Noble King of the Engliſh (which we have ſeen) doth rationably teſtifie.
30We have alſo ſeen a charter of Lord Edward, ſonne of King Edward, late King of England, our progenitor, made in theſe words:
Know yee, that whereas our beloved and truſty, the Major, Aldermen, and the reſt of the Citizens of our Citie of London, for the betterment of the ſaid City, and for the common profit of the Inhabitants in the ſame Citie, and of ſuch as repaire and come to the ſame, did among themſelves ordaine and enact certaine things to be for ever obſerved in the ſaid City, and earneſtly ſupplicated us, that we would take care to accept and confirme the ſame, we having ſeene certaine letters pattents touching the premiſes, ſigned with the common Seale of the ſaid City, and with the Seale of the office of the Majoralty of the ſame City concerning the premiſes being open and preſented to us; we have cauſed certaine Articles to be drawne out of the ſaid letters patents, and the ſame in ſome things to be corrected as here following they are ſet down, that is to ſay,article 1That the Major, and Sheriffs of the ſaid City be choſen by the Citizens of the ſame City according to the Tenure of the Charters of our Progenitors formerly Kings of England therefore made unto them, and not otherwiſe. article 2And the Major of the citie aforeſaid ſhall not abide in the office of his Majoralty, at one time, above one year.article 3And that none of the Sheriffes of the citie for the time being, have but two Clerks, and two ſervants, in regard of that office.article 4And that they take ſuch Clerks and ſerjeants at their own peril, for whom they will anſwer.article 5And that the Major of the citie aforeſaid, while he is Major, hold no other office belonging to the citie then the office of the Majoralty of the ſame citie.article 6Neither draw unto him, or hold before him in the chamber of the ſaid citie, any Vicecountill plea, nor any other pleas then thoſe which according to the ancient cuſtome of the ſaid citie, as Major, he ought to hold. article 7And that the Aldermen of the ſaid citie from yeare to yeare, and eſpecially upon the day of St. Gregory the Pope, by the ſaid Comonalty be removeble; and being removed, may not be choſen again for the enſuing yeare. But in ſtead of thoſe that bee removed,31 others be choſen by the ſame Wards of which the Aldermen ſo removed were:article 8And that Tallages or Aids for the uſe of us, our heires, or for the State or profit of the ſaid citie from henceforth in the ſame, to be aſſeſſed, after they be aſſeſſed by men of the Wards choſen or deputed for that end, may not be increaſed, or raiſed by the Major, Aldermen, or others, but by the common conſent of the Major and Commonalty of the citie aforeſaid. article 9And that the monies ariſing from ſuch Tallages, or aids, be delivered in to the cuſtody of foure honest commoners of the citie aforeſaid for that end, to be choſen by the commonalty of the ſaid citie, to be paid over by the teſtimony of the ſame 4. men; ſo that the ſaid foure men may be able to inform the ſaid Commonalty, for what profit and what uſes the ſaid monies went. article 10And that no ſtranger or or alien be admitted into the freedome of the ſaid citie, but in the Huſtings.article 11And that a Native, and eſpecially an Engliſh Merchant of any trade or calling, be not admitted into the liberty of the ſaid citie, but by the manucaption of ſix honeſt and able men of the trade or c•lling of which he ſhall be who is ſo to be made free; which ſaid ſix men ſhal becom bound for him to be made free, for keeping the citie harmleſſe on that behalfe. article 12And the ſame manner or form of manucaption ſhall be obſerved of the ſtrangers or aliens aforeſaid, who are to bee made free of the ſaid citie in the Huſtings, if they be of any certain trade or office. And if they be of no trade, then they may not be made free of the ſaid Citie, without the aſſent of the Commonalty of the ſaid citie. article 13And they that were made free of the citie, ſince we took upon us the government of our Realm, contrary to the formes preſcribed, and who againſt their oathes in this behalfe taken, or againſt the State of the citie have acted and been lawfully thereof convicted, ſhall forfeit their freedome of the citie; Provided alwayes, that the ancient manner and form of the city aforeſaid of Apprentices in the ſame citie, be obſerved. article 14And that every yeare in the ſaid citie, ſo often as need ſhall require, inquiſition be made, if any free-man of the ſaid citie, ſhall ſell in the citie the goods of others, who are not free of the citie, by calling thoſe goods their own, contrary to their oath, and the freedome of the ſaid Citie: thoſe that ſhall be thereof lawfully convicted, doe forfeit their freedome of the citie. article 15And that all and every of32 thoſe which are free of the City aforeſaid, and willing to enjoy the liberties and free Cuſtomes of the ſaid City, be in Lot and Scot, and partakers of all charges for the State of the ſaid City aforeſaid, and for maintaining the freedome thereof, according to the Oath which they did take, when they were made free,article 16And he that will not this do, doth forfeit the freedome of the City; And that all and every who be free of the ſaid City, and dwell without the ſame, and do exerciſe marchandize by themſelves or Agents within the City, Be in Lot and Scot with the Commons of the City for the ſaid Merchandize, or otherwiſe, they ſhall forfeit their Freedome;article 17And that main common Seale of the City aforeſaid, rein the cuſtody of two Aldermen, and two other Commoners to bee choſen for it by the COMMONS of the City; And that the ſaid Seal be not denyed to the poor; nay, rich Commoners of the City aforeſaid, whenſoever they ſtand in need of it, while they can reaſonably prove the cauſe or demand. article 18And that nothing be taken for the ſetting to of the ſaid Seal.article 19And that Redditions of Judgments in the Courts of the City, and eſpecially after verdict of Inquiſitions taken in caſes where Inquiſitions are taken, ſhall not be hindered or retarded, unleſſe ſome difficulty fall out; And if difficulty fall out, yet for this they ſhall not remain beyond the third Court to be holden after. article 20And that weights and meaſures of Merchandize, to be meaſured betwixt Merchant and Merchant of which the profits ariſing, and the Cognizance of the ſame, belong to the COMMONALTY of the ſaid City, remain in the keeping of honeſt and able men of the City, skilfull in that Calling, and to be choſen for this by the COMMONALTY of the City to be kept at the pleaſure of the ſaid COMMONALTY, and it to be intruſted by no meanes to any other, but to ſuch ſo to be choſen. article 21And that the Sheriffs of the City aforeſaid for the time being, may ſet the Toll and other Cuſtomes belonging to their Farm, and other publike offices belonging to them (and to be exerciſed by others) to able Citizens (if they will ſet them) for whom the Sheriffes themſelves will anſwer, and to none other. article 22And if any Deputed to any of the premiſes, undue cuſtoms, or ſhall otherwiſe behave himſelf, in that office then he ought, and at the Sute of the Complainant be thereof convicted, Be put out of that Office, and puniſhed according to his demerits. article 23And that33 Marchants who are not of the Freedome of the City aforeſaid may not ſell any wines, or other wares within the City or the Suburbs thereof by Retaile. And that B•okers of any Marchandize in the City aforeſaid may not be, except they be choſen by Marchants of thoſe Trades; in which theſe Brokers have had their Callings to exerciſe; and upon this at the leaſt take oath before the Major of the ſaid City. article 25And that all common Inkeepers in the ſaid City and Suburbs thereof; though they be not of the Freedome of the City, but partakers of the charges belonging to the ſaid City, for maintaining the State of the City, ſo long as they be common Inkeepers; as other the like Inkeepers in that City and Suburbs ſhall partake, by reaſon of the Inkeepers; provided alwayes, that Marchants of Gaſcoign, and other ſtrangers alwayes may dwell and lodge together in the ſaid City, as formerly they were accuſtomed to do. article 26And that the keeping of the Bridg of the City aforeſaid, and the Rents and Profits belonging to the ſaid Bridge, be committed to two honeſt and able men of the city aforeſaid, others then Aldermen, to be choſen for that purpoſe, by the Commonalty of the ſaid City, to bee kept at the pleaſure of the Commonalty of the ſaid City, & who are able to anſwer to the cōmonalty of the ſaid ity for the ſame and not to any others. article 27And that no Sergeant of the chamber of Guildhal of the city aforeſaid, take fee of the cōmonalty of the ſaid City, or make execution, unleſſe he be thereunto choſen by the Cōmonalty of the city for that end. article 28And that the Chamberlain, Common-Clark, and Common-Serjeant of the City aforeſaid, be choſen by the Commonalty of the ſaid City; and removed at the pleaſure of the ſaid Commonalty. article 29And that the Major and Recorder of the ſaid City, and the ſaid Chamberlain and Common-Clark, be content with their Fees appointed, & paid of old, by reaſon of their office: And other fees they may not take for their offices aboveſaid.article 30And that the Goods of Aldermen of the ſaid city, be taxed as the Goods of other Citizens, in Aydes, Tallages, and other Contributions happening in the city, by men of the Wards, where theſe Aldermen abide:
Which Articles as they are before expreſſed, and contained in the ſame; we accept and ratifie; And the ſame for us, and our Heires, as much as in us be, Doe grant and confirme to the ſaid32 Citizens, and their Succeſſors in the City and Suburbs aforeſaid; for the common profits of thoſe that therein dwell, and of thoſe that come thither, and the ſame to keep, and for ever to be obſerved.
Moreover, we being willing upon their Petition, to confer more ample favour upon the Major, Aldermen, and Citizens; have granted to them for us and our Heires, That the Major, Aldermen, Citizens, and Commonalty of the Commons of the City aforeſaid, and their Heires and Succeſſors; for the neceſſities and profits of our ſaid City, by THEIR COMMON CONSENT AMONG THEMSELVES, may aſſeſſe Tollage upon the goods within the City, as well upon Rents, as other goods and as well upon Trades as any other way, which they ſhall ſee expedient, and the ſame to levy without let of us, or our Heires, or our Miniſters whomſoever; And that the monies ariſing out of ſuch Tallages, remain in the cuſtody of foure honeſt and lawfull men of the City, to be choſen for it by the COMMONALTY of the City, and expended out of their cuſtody, for the neceſſities and profits of the ſaid City, and not otherwiſe. In Teſtimony whereof, we have cauſed to be made theſe our Letters Pattents.
Memorand. thot theſe Articles are confirmed in the Rolls of the charters of the 15. year. of Ed. 3. nu 12. by the King & his Councell in Parliament.We alſo, as much as in Us is, have accepted, approved, and by the Tenor of theſe preſents, do grant and confirme unto the ſaid Citizens, and their Heires and Succeſſors. Citizens of the ſaid City; the ſaid Gifts, Grants, Confirmations, Reſtitutions, Innovation and Ordinances aforeſaid; And alſo, all other things in the Charters, Letters, and Tenor aforeſaid contained; To have the ſame firme, and ſure for us, and our heires, as the Charters,•etters, and Tenor aforeſaid, do fully teſtifie.
Moreover, we are willing to extend more ample favour unto the full to our ſaid Citizens, which their lawfull merits and ſervices deſerve; have for Us, and our Heires (as much as in Us is) granted unto them; That although they, or their Predeceſſors by ſome chance falling out, haue not fully hitherto uſed any, or ſome of the Liberties, Quittances, Grants, Ordinances, Free-Cuſtomes, and other things in the ſaid Charters, Letters, and33 Tenors contained; Nevertheleſſe, the ſaid Citizens, and their Heires and Succeſſors, Citizens of the ſaid City; hereafter, may fully and freely for ever enjoy, and uſe all and every the Liberties, Quittances, Grants, Ordinances, Free-cuſtomes, and all other things in the Charters, Letters, and Tenors aforeſaid contained, of any of them, without let or hinderance of us and our Heires, Juſtices of Exchequer, Sheriffes, or other Bayliffes, or our Miniſters, or of the Heires of any of us ▪
This agrees with the Record,
WHereas, by the Charters of Our Progenitors, formerly Kings of England, WHICH WE HAVE CONFIRMED. It is granted to Our Citizens of Our City aforeſaid; That they may chooſe Major, and Aldermen of themſelves, when they pleaſe, and preſent them to Our Treaſurer and Barons of the Exchequer, if we be not there, That they may be allowed there, as the manner is; And now wee have underſtood, that although is hath been accuſtomed in times by-paſt, ſuch Elections to be made by the Major and Aldermen and more diſcreet men of the ſaid City, for the ſame purpoſe ſpecially ſummoned and warned;
Nevertheleſſe, ſome who have no Intereſt in ſuch Elections, nor ought to have Intereſt in thoſe Elections, but with a raſh boldneſſe behaved themſelves, do mixe themſelves in, and many wayes hinder and trouble thoſe Elections (which ſhould be orderly and peaceably made) with their ſtrong and importunate clamours: to the end, that ſuch may be choſen, who afterwards may favour their wickedneſſe and errours; to that intent, the ſame be paſſed unpuniſhed: Which if it ſhould be ſuffered to be done, would manifeſtly tend to the diſhonour of Our Crown and Dignity: as alſo, the ſubverſion of the ſtate of the City, and37 to the trouble and commotion of our Citizens there; We therefore willing (as we are bound) to provide for the quiet and tranquility of the people, which are ſubject unto us, and apply a ſitting remedy in this behalf,
We therefore command, and firmly injoyn you; that before the Elections to be made of the Major of the ſaid city; you cauſe in our Name, through the whole City and the Liberties thereof, to be proclaimed, and ſtaictly inhibited, that not any be at ſuch Election; but he that ought of right by the cuſtome of the city to be preſent at it, by any means, nor by colour, or ſhift, do get himſelf in upon the Election, nor hinder or diſturbe the ſame; But that the Election be made, and had of the Aldermen, and other more underſtanding and able Citizens of the ſaid city (for it ſpecially ſo warned and ſummoned, as by the cuſtome of the ſaid city is to be made) Giving you for ſure to underſtand, that when you ſhall preſent to us, or to our Treaſurer, being choſen otherwiſe, then as beforeſaid, We will in no wiſe allow him. And all thoſe whom you ſhall find acting contrary to the prohibition & inhibition aforeſaid;
We will and command, and ſtrictly injoyn you, that you arreſt them, and them commit to our Priſon, there to abide, untill wee ſhall give Directions for their Deliverance.
This prerogative Proclamation is no Act of Parliament, but only an Act of the King and his Councell, and ſo of no Authority at all in Law and Right to null, make void, abridge, or overthrow the Liberty of the Citizens, Barons, Burgeſſes, or Commons of London, that is, their native and naturall Rights, and which is eſtabliſhed unto them by the Fundamentall Law of the36•and, as their popular and univerſall elections is; yea, and which their right ſo eſſentially, undoubtedly, and firmly, that I ſay, and will venture my life upon it, to make it good; that neither King nor Parliament, divided nor conjoyned, cannot juſtly take away from the Citizens of London, or any other Citizens in England, their generall, univerſall, and free voting, in electing of their Major, Aldermen, Sheriffes, Juſtices of Peace, Recorder, Chamberlain, Town-clark, common-Sergeant, Bridge-maſter, common-councell men, conſtables or any other Officer whatſoever that is amongſt them particularly to officiate as Magiſtrate; for though it be, that Kings and Parliaments may confirme unto a city or people, their Fundamentall Rights and Liberties, that ſo they may with more peace, quietneſſe, and freedome enjoy them; yet when they have ſo done, they cannot take them away againe at their pleaſure; no not at all, without the contracting unto themſelves the odious names of Tyrants and Oppreſſors; for the Parliament by their own doctrin, (Book Dec. pag. 150.) are betruſted by the people to provide for their Weale, but not for their Woe:So that by right, they cannot make the people leſſe free then they are, or were, when they found them; but may make them as much more free, as poſſible they can: and if a Parliament or any other betruſted Power, ſhould be ſo unnaturall, as to turne the ſtrength of their Power to ruine, overthrow and deſtroy the Liberties of thoſe, that impowred, or betruſted them; What doth this elſe, (by their own doctrine in the fore-mentioned pag. ) but inſtate the people the impowrers or betruſters, into an abſolute condition of diſobedience, or non-obſervance of the Precepts, Orders, Injunctions, or Commands of their impowred Truſtees, or Magiſtrates? unleſſe we think, that obedience tyes men to deſtroy themſelves, and their Fundamentall naturall Liberties and Freedomes; the injoyment of which, makes them to differ from bruit and ſavadge Beaſts which were never created with reaſon and underſtand that glorious Image, that God made man in, and ſo made him Lord over all the creatures in the world beſides himſelf; but not in the leaſt, to Lord it over his brother man, without a ſpeciall aſſignation and mutuall aſſent and agreement, for the better bearing each of other; and ſuitable to this, is that aſſertion of the Parliament, in their Declaration; that all Offices of truſt, are,37 and ought to be for the good of the Truſtees. But extraordinary great are the evils and miſeries, that this poor Kingdome ſuffers by Pattentee-corporations; which, at the beſt, are but an indennizing of a few, to undenniſe a many, And to ſpeake properly, England being a Kingdom governed by one Law made by univerſall and common conſent (at leaſt in pretence) in one Parliament; all theſe Pattentee-corporations of what kind ſoever, are moſt illegall, wicked, and Divels make-bates in the Kingdome, which will never throughly and truly injoy peace, quietneſſe, and tranquility till they be all utterly anniholated and aboliſhed, and therefore for the further manifeſtation of their illegalitie, and the evill that accrew by them to this poor Kingdom.
I judge it not amiſſe, in the firſt place, here to inſert; Mr. Tho: Iohnſon Merchant his late printed plea, for Free-mens Liberties, which is a moſt excellent piece, and worth the ſerious peruſall. His Preface to all the Commons of England, thus followeth:
WOrthy Freemen of England; The former publique Magiſtrates of this Kingdom, by their Machivilian empoyſoned principles and ſpecious pretences of common good, (whereas nothing leſſe was intended) have moſt cunningly & fraudulently cozened you of your native freedoms, (which by the fundamentall lawes and conſtitutions of the Kingdom, ye were born unto) and ſecretly by wicked Pattents have ſtoln away your Birth-right, to ſet up the particular and ſelf-intereſts of private ſocieties: One of which I here preſent to your ſerious conſideration, as a great grievance and burthen, under which, the honeſt Clothier eſpecially, and thouſands of poor people40 groan: ye know for what this Kingdom hath almoſt been waſted to aſhes, ye have ſpent ſo much of your eſtates and blood, viz. the ſubjects liberty, to which all civill government is ſubſervient. My advice to all is this, eſpecially the clothiers, and others who are deeply intereſſed, that as they love their bleeding dying Country, their deliverance from ſo great a thraldome; they would by petitioning, and all lawfull meanes, be earneſt with the Parliament for the removall of this and all other preſſures.
They are bound in duty to God, in juſtice to you, in diſchareg all of ſo great a truſt committed into their hands; to eaſe you of all unjuſt grievances, intolerable burthens: Be therefore active in the work. For very importunities ſake, your indeavours will be crowned with a happy ſucceſſe, and (if you faint not) reap the benefit of your labours, which ſhall alwayes be the deſire of him who is willing to ſerve you.
WHoſoever ſurveyes this Iſland in her radiant and ſhining luſter with community and freedome, cannot but ſay, O quant a mutatio! Oh how great a change! For indeed, this kingdome is a Corporation or Society of men under one form of civill government, made by common conſent in Parliament, who are all bound by the law, to maintain common freedome, and the general good of each other.
But particulars, Patent-ſocieties, ſwelling with a Luciferian ſpirit, in deſiring to advance into a higher room then their fellows, did by ſurreptions Patents incorporate themſelves, excluſively became deſtructive to the whole body, and ſubverters of the true ancient priviledges of the people. And of all ſocieties thoſe of Merchants are the worſt, having no foundation on the Lawes; The fellowſhip and charter of thoſe that ſtile themſelves Merchants of Eaſt-land, is a Monopoly of this kind, according to the true genuine ſence of the word Monopoly, relating to a private company, who aſſcribe unto themſelves the ſole exerciſe and benefit41 of ſuch a Trade, wherein every ſubject hath equall freedome with them, all which this Monopoly doth, and is illegall, being contrary to Magna Charta, the Petition of Right, Statutes of Monopolies, with divers others, and in particular, theſe three following.
The firſt is of the 14. of Edw. the 3. 2. Item, where it is contained in the Great Charter,That all Merchants ſhall have ſafe and ſure conduct to go out of the Realm of England, and to come, and abide, and go through the Realm of England, aſwell by water, as by land: we at the requeſt of the Prelates, Earles, Barons, and Commons, will and grant for us, and for our heires and ſucceſſors, that all Merchants, Denizens, and Forraigners (except thoſe which be of our enmity) may without let, ſafely come into the ſaid Realm of England, with their Goods and Merehandize, and ſafely tarry, and ſafely return, paying the cuſtomes, ſubſidies, and other profits reaſonably thereof due; ſo alwayes that franchiſe and free cuſtomes reaſonably, granted by us and our Anceſtors to the City of London, and other Cities and good Towns of our Realme of England, be to them ſaved.
The ſecond is of 18. Edw. 3. 3. That the Ordinance made before this time, upon taking of ſorts of wools in every County be wholly nulled and defeated, and that every man, aſwel ſtranger, as privie from henceforth may buy wooll, according as they may agree with the ſeller as they were wont to do, before the ſaid Ordinances, and that the Sea be open to all manner of Merchants, to paſſe with their Merchandize where it ſhall pleaſe them.
By both theſe Statutes, it evidently appeareth, that every Engliſhman may tranſport his commodity without moleſtation, to what Port beyond Sea he pleaſeth, and make ſale for his beſt advantage, every Engliſhman being a native Denizen, and privie-man of this Kingdom, according to the true meaning of the law: for it unreaſonable to me, that the Law ſhould provide better for Aliens, then her own Children.
The third is of 12, Hen. 7. 6. viz as followeth:To the diſcreet Commons in this preſent Parliament; ſheweth, unto your diſcreet wiſdomes, the Marchant-Adventurers, inhabiting and40〈1 page duplicate〉41〈1 page duplicate〉42dwelling in divers parts of this Realm out of the City of London, that where they have their paſſage, reſort, courſe & recourſe, with their goods, wares, and merchandize in divers coaſts and parts beyond the Sea, aſwell into Spain, Portugal, Britain, Ireland, Normandy, France, Civil, Venice, Danske, Eaſtland, Freezeland, and other divers and many places, Regions and Countries being in league and amity with the King our Soveraign Lord, there to buy and ſell, and make their exchanges with the ſaid goods, wares, and merchandizes, according to the law and cuſtome uſed in every of the ſaid regions and places, and there every perſon freely to uſe himſelf to his moſt advantage, without exaction, fine, impoſition, or contribution to be had or taken of them, to, for, or by any Engliſh perſon or perſons, &c.
By which Statute, all merchants, aſwell thoſe inhabiting in divers parts of the Kingdom, as of the City of London, as alſo every free-born ſubject, is acknowledged as his Right to have freedome to trade to the ſaid parts mentioned, and to divers other regions and countries, without ſubjection to any pattent, or paying any exaction, fine, &c.
For in that the Statute ſaith, every perſon is freely to uſe himſelf to his most advantage, without exaction, &c. to be had or taken of them, or any of them, to, for, or by any Engliſh perſon, or perſons; it clearly holds forth, that the merchant, and conſequently every man that uſeth comerce to theſe parts, ought not to come under the obedience of any oppreſſing Corporation whatſoever.
Now Dansk and the Eaſtland being expreſſed in the Statute, which are the principall parts to which theſe Eaſtland Merchants are priviledged by their Monopoly; and indeed, the crowne and glory of the reſt for venting our native commodities; at alſo the other included, when the Statute ſaith, and other divers and many places, regions, and countries;
I hope every honeſt man will be willing with heart and hand to endeavour the recovery of our Birth-right, which the Law ſo evidently makes, our own, from theſe unjuſt oppreſſors.
2. Contrary to the light of nature, which teacheth men to walk by congruity and equality, not to oppreſſe, becauſe they would not be oppreſſed, nor to take away a mans right, becauſe they would not have another uſe the ſame meaſure to them. Which Principles of43 nature are engraven upon the hearts of Heathens, who certainly will riſe up in judgment one day againſt theſe men, that ſell us for ſlaves in our own Land.
3. It is irrationall: reaſon being the fountain of honeſt Lawes, gives to every man propriety and liberty: propriety of intereſt, freedome of enjoyment and improvement to his own advantage: from that propriety take away freedom, and a conſiderable part is gone: nay we ſee it by experience, that thoſe who have bereft us of our liberty, have made bold with our propriety: and indeed, if Prerogative may take away the one; why not the other (from the ſame principles?) So that it appeares to be