A New History of London Including Westminster and Southwark. Originally published by R Baldwin, London, 1773.
This free content was digitised by double rekeying. Public Domain.
John Noorthouck, 'Appendix: Charters (Charles I)', in A New History of London Including Westminster and Southwark( London, 1773), British History Online https://prod.british-history.ac.uk/no-series/new-history-london/pp820-845 [accessed 3 December 2024].
John Noorthouck, 'Appendix: Charters (Charles I)', in A New History of London Including Westminster and Southwark( London, 1773), British History Online, accessed December 3, 2024, https://prod.british-history.ac.uk/no-series/new-history-london/pp820-845.
John Noorthouck. "Appendix: Charters (Charles I)". A New History of London Including Westminster and Southwark. (London, 1773), , British History Online. Web. 3 December 2024. https://prod.british-history.ac.uk/no-series/new-history-london/pp820-845.
In this section
No. XLV. First Charter of King Charles I. [See p. 162.]
The preamble.; Ratifies and confirms former charters, &c.
Know ye now, that we, deeply considering and calling to memory the good and laudable services performed by our beloved and faithful subjects, the said mayor and commonalty, and citizens of the city of London, which we graciously accept; and from our soul affecting the good and happy estate of our said city, to increase and enlarge with the greatest favour and grace we can, and to establish with all care and diligence we can, the rule and government of our said city, of our especial grace, and from our certain knowledge and meer motion, and for divers other good causes and considerations, especially moving us at present; we do accept and approve of, for us, our heirs and successors, as much as in us lies, all and singular the letters patents, charters, and confirmations aforesaid, and all and singular gifts, grants, confirmations, restitutions, customs, ordinances, explanations, articles, and all other things whatsoever in the same letters patents or charters (except as are herein after excepted) and all and singular lands, tenements, offices, jurisdictions, authorities, privileges, liberties, franchises, quittals, immunities, free customs, and hereditaments whatsoever, which the said mayor and commonalty, and citizens of the city of London, or their predecessors, by the name of mayor and commonalty, and citizens of the city of London, or by the name of the mayor and aldermen, citizens, or commonalty, of London, or by the name of mayor and citizens, of the city of London, or by the name of the mayor and commonalty of the city of London, or by the name of, citizens of the city of London, or by the name of barons of London, or by any other name whatsoever, by reason and force of the said letters patents, charters, or confirmations, or by use or prescription, or any other lawful means at any time or times heretofore they have had, ratified, and bestowed; and all those we ratify and confirm by these presents to the said mayor and commonalty, and citizens of the said city of London, and their successors.
Restores to all liberties, jurisdictions, &c.
We will also, and, for the considerations aforesaid, for us, our heirs and successors, do grant, that the said mayor and commonalty, and citizens, and their successors, be fully and wholly restored to all and singular their authorities, jurisdictions, liberties, franchises, privileges, quittals, and free customs whatsoever above said (except such as are herein after excepted;) and all and singular to the said mayor and commonalty, and citizens, and their successors, we for us, our heirs and successors, do restore by these presents, as fully, freely, and wholly, and in as ample manner and form, as they or their predecessors had used or enjoyed the same in any times of our progenitors or predecessors, once kings and queens of England.
We will also, and by these presents, for us, our heirs and successors, grant, that it shall be lawful for the said mayor and commonalty, and citizens of the city of London aforesaid, any authority, office, jurisdiction, liberty, privilege, franchise, immunity, quittals, and free customs mentioned in the letters patents or charters aforesaid, or any of them, or other their customs which hitherto they have used, or perhaps have abused, or not claimed when they ought to have claimed; that they nevertheless, the mayor and commonalty, and citizens of the city of London, and their successors, may henceforth for ever fully have, enjoy, and use any matter, cause, or thing whatsoever, in times past had, made, or provided to the contrary thereof notwithstanding; without hindrance or impediment of us, our heirs or successors, our justices, sheriffs, coroners, escheators, or any other bailiff or minister of us, our heirs or successors whatsoever, the same authorities, offices, jurisdictions, liberties, privileges, franchises, immunities, quittals, and free customs whatsoever in, likewise not used or abused, or not claimed, or any of them.
And to the intent the said mayor and commonalty, and citizens of the said city, and their successors in time to come, may the more safely, freely, and quietly hold and enjoy to them, and their successors for ever, all and singular the premises in the said letters patents, or charters before mentioned, or intended to be given or granted by the same: and for the intent that no ambiguity, controversy, doubtful construction or question of, or about the premises, may henceforth arise, but be altogether taken away:
To hold the same for the like fees, services, &c. as formerly.
We, for the consideration aforesaid, and of our special grace, for us, our heirs and successors, do give and grant to the said mayor and commonalty, and citizens of the city of London, and their successors for ever, all and singular the manors, lands, tenements, offices, fees, rewards, liberties, privileges, jurisdictions, immunities, ordinances, quittals, hereditaments, and all and singular other things whatsoever, in the said letters patents, or charters afore-recited, or any of them contained, or mentioned to have been given or granted, with all and singular the appurtenances, (except such as in the same charter, or letters patents, or in these presents are excepted) as fully, plainly, freely, and wholly, to all intents and purposes, as if they had been expressed, named, mentioned, declared, and manifested severally, and namely, and word for word in these presents: to hold all and singular the premises by these presents mentioned to be granted, or confirmed, with all appurtenances, of us, our heirs and successors, by such, the same, or the like services, fees, fee-farm, rent, sums of money, and demands whatsoever, by which or by what, and as all and singular the same premises were formerly held of us, or our predecessors, or were intended to be held by the same letters patents, charters, or otherwise.
To have all soils, commons, purprestutes, &c.
And whereas lord Henry the sixth, late king of England, our predecessor, by his letters patents under the great seal of England, bearing date at Westmister the 26th day of October, in the twentythird year of his reign, granted unto the citizens of the city aforesaid, amongst other things, that the said citizens, and their successors for ever, should have all soils, commons, purprestures, and improvements in all wastes, commons, streets, ways, and other places in the city and suburbs aforesaid, and in the water of Thames within the limits of the same city, together with the profits of the same purprestures and improvements, and that they may improve, and rent and enjoy the rents of them, and their successors for ever, and likewise several other things, as in the said letters patents more fully appears:
And whereas in the parliament of the said Henry the sixth, late king of England, held at Westminster in the twenty-eighth year of his reign, it was enacted by the authority of the same parliament, that the same king should take, resume, seize, and retain into his hands and possession, all honours, castles, lordships, towns, villages, manors, lands, tenements, wastes, rents, reversions, fees, feefarms, and services, with all appurtenances in England, Wales, and the marches of the same, Ireland, Guiana, Calice, and the marches of the same, which the said lord Henry by his letters patents or otherwise had granted from the first day of his reign, and all honours, castles, lordships, towns, villages, manors, lands, tenements, wastes, rents, reversions, fees, fee-farms, and services, with all their appurtenances, which were of the duchy of Lancaster, and by the king himself conveyed by grant or grants of the same king; and the said king to have, hold, and retain all the same premises, in the like state he had them at the time of such-like concession made by the same king of the same; and that all letters patents by the said king, or any other person or persons, at the request and desire of the said king, to any person or persons made of the premises, or any of them, should be void and of no force in law; as by the same act of parliament (amongst other things) doth more fully appear:
And whereas our most famous progenitor, Henry the seventh, late king of England, &c. by his letters patents, under the great seal of England, bearing date at Westminster the 23d day of July, in the twentieth year of his reign, reciting, amongst other things, all and singular donations, confirmations, grants, restitutions, innovations, ordinances, and all other articles and things in the said letters patents contained, did accept, and approved, and ratified, and confirmed all and singular the said things to the said mayor and commonalty, and citizens of the said city, and their heirs and successors by the same letters patents, and did grant and confirm by his said letters patents all and singular those things, as fully, plainly, and wholly, as if they had been severally and word for word expressed, declared, and manifested in the said letters patents of the same lord Henry the seventh, to the same mayor and commonalty, and citizens, and their successors; as by the said letters patents amongst other things more plainly appears.
And whereas there are divers questions lately arisen concerning the validity, as well of the said letters patents of the said lord Henry the sixth, as of the said lord Henry the seventh, thereupon made by reason or pretence of the same act of parliament concerning resumption aforesaid:
We, willing that all questions thereof be from henceforth taken away, and to the intent the mayor and commonalty, and citizens of the city of London, and their successors, may the better, more safely, and quietly have, hold and enjoy such things in the said letters patents of the said late king Henry the sixth, herein after expressed; nevertheless with some provisoes, exceptions, restrictions, and explanations, in these presents mentioned; it is our good pleasure by these our present letters to grant, and confirm to the said mayor and commonalty, and citizens, and their successors, the same particular things, and others hereafter specified, in such manner and form as is afterwards mentioned.
The mayor, recorder, all the aldermen who have served the office of mayor, and the three senior aldermen next the chair, shall be justices of the peace.
Know ye therefore, that we, for divers good causes and considerations especially moving us thereunto, of our special grace, and from our certain knowledge and meer motion, have given and granted, and by these presents for us, our heirs and successors, do give and grant to the said mayor and commonalty, and citizens of the city of London, and their successors, that the mayor and recorder of the said city, who now are, and for the time shall be, as well those aldermen who formerly have been mayors of the city, as those aldermen who for the the time to come shall sustain and bear the burthen and office of the mayoralty of the said city, although they shall cease from their mayoralty, or are dismissed from it, so long as nevertheless they stand aldermen, and the three senior aldermen of the said city for the time being, who have stood longest in the office of aldermen, and before that time have not yet borne the burthen and the office of mayoralty of that city, for ever keepers, and each of them a keeper, of the peace of us, our heirs and successors, within the city of London aforesaid, and the liberties of the same, to be conserved and kept.
The mayor, recorder, &c. to hold sessions of the peace.
And we do constitute, make, and ordain, by these presents, for us, our heirs and successors, the same mayor, recorder, and aldermen aforesaid, our keepers and justices, and each of them the keeper and justice of us, our heirs and successors, within the city of London aforesaid, and the liberties of the same; to keep and cause to be kept all and singular the statutes and ordinances made or to be made for the good of the peace of us, our heirs and successors, for the conservation of the same, and for the quiet rule and government of the people of us, our heirs and successors, in all their articles, as well within the said city as the liberty thereof, according to the force, form, and effect of them; and to correct and punish all those whom they shall find offending against the form and effect of the said ordinances and statutes, and any of them, in the city aforesaid, and the liberties thereof, as should be done according to the form of those ordinances and statutes; and to cause all such who shall threaten all or any of the people of us, our heirs or successors, concerning their bodies, or burning their houses, to find a sufficient security for his peace, and good behaviour towards us, our heirs and successors; and if they shall refuse to find such security, then to cause them to be safely kept in our gaol of Newgate, or in any other prison of us, or our heirs and successors, in the said city of London, until they shall find security; and to do and execute all such things, which the justices and keepers of the peace of us, our heirs and successors, within any county of our kingdom of England, are enabled, may, or ought by virtue of any statutes or ordinances of this our kingdom of England, or by virtue of any commission of us, our heirs or successors, to execute or do for the keeping of the peace in any the like counties.
And to enquire concerning felonies, &c.; And after all unjust weights and measures.
We will also, and by these presents, for us, our heirs and successors, do grant to the said mayor, commonalty and citizens of the city of London, and their successors, that the mayor and recorder of the said city for the time being, and such-like aldermen as is aforesaid for the time being, who have formerly borne and exercised the office or place of mayoralty of that city, and thereof such-like (as aforesaid) senior aldermen for the time being, who have not yet borne the place of mayoralty aforesaid, or four of the same, mayor, recorder and aldermen (whereof we will the said mayor or recorder for the time being to be one) be the justices of us, our heirs and successors, for us, our heirs and successors for ever; to enquire as often, and when it shall seem best expedient to them, by the oath of honest and lawful men, as well of the city aforesaid, as the liberty of the same, by whom the truth of the thing may better be known, concerning all manner of murthers, felonies, punishments, witchcrafts, inchantments, sorceries, art magic, transgressions, forestallings, regratings, ingrossings, and extortions whatsoever, and of all and singular other misdemeanors and offences heretofore had or committed, or which shall henceforth happen to be done or attempted, concerning which the justices of the peace of us, our heirs and successors, may, or ought lawfully to inquire within the city aforesaid, or the liberties thereof, and as well of all others who have in companies within the said city, and liberties thereof, gone or rode, or shall from henceforth presume to go or ride armed against us, our heirs and successors, and also of those who there have lain in wait, or shall presume to lie in wait for the time to come, to maim or kill the people of us, our heirs and successors; and also of all hostlers, or other persons who shall offend, or attempt in the said city and the liberty of the same, in the abuse of measures and weights, or in the selling of victuals against the form of the ordinances and statutes, or any of them, made or to be made for the common profit of our kingdom of England, and the same people of us, our heirs and successors; and also of all sheriffs, constables gaolers, and other officers who have behaved themselves unduely about the premises, or any of them, or shall presume hereafter to behave themselves unduely, or shall have been remiss, or negligent, or shall so be within the city aforesaid, and the liberties of the same; and of all and singular articles, and things whatsoever made and committed, or which henceforth shall be made or attempted any way concerning the premises, or any of them, in the city aforesaid, and the liberties of the same.
That the sheriffs shall be aiding to the said keepers of the peace.
And to see into whatsoever indictments which shall be taken before the mayor or recorder of the city aforesaid for the time being, or such-like (as is aforesaid) aldermen, or four or more of them (where of we will the said mayor or recorder for the time being to be one) and to make and continue process against all and singular so indicted, or who after shall chance to be indicted, until they be taken, render themselves, or are outlawed: And to hear and determine all and singular murthers, felonies, poisonings, witchcrafts, inchantments, forceries, magic arts, trangressions, false conspiracies, and other misdemeanors, forestallings, regratings, ingrossings, extortions, conventicles, and judgments aforesaid, and all and singular the premises, according to the laws and statutes of our kingdom of England, as used and ought to be done in such-like case: And to chastise and punish the same offenders for their faults, by fines, redemptions, amerciaments, forfeitures, and otherwise, as hath been used, and ought to be according to the law and custom of our kingdom of England, and the form of the ordinances and statutes of the same: And to do, exercise, hear, determine, and execute all and singular things within the said city and liberties thereof, which justices of the peace, by the laws and statutes of our kingdom, may and are enabled to do, enquire, or execute, and in as ample manner and form, as any one or other justices of the peace in any other counties of this our kingdom of England, may, and are enabled lawfully to do, enquire, punish, or execute; giving it strictly in command by these presents, for us, our heirs and successors, to our sheriffs of our said city for the time being, and their successors, sheriffs of the said city, and to whatsoever citizens of the said city, who now are, and in time to come shall be, that they be attending, counselling, answering, and aiding to the said keepers of the peace, and aforesaid mayor and recorder for the time being, and such aldermen as are aforesaid, in all and singular things, which do or may belong to the office of the keeper of the peace, and such-like justices within the said city, and liberties of the same, according to the said form, as often, and when they shall be duely required by them, or some or one of them, in the behalf of us, our heirs or successors.
Also grants all recognizances to be taken and forfeited, and all fines, &c.
Know ye also, that we, for the consideration aforesaid, have given and granted, and by these presents for us, our heirs and successors, do give and grant to the said mayor and commonalty, and citizens of the said city, and their successors, all recognizances taken or to be taken, acknowledged or to be ackowledged, forfeited or to be forfeited, for appearance at any session or sessions of the peace, holden or to be holden before the mayor, recorder, and aldermen of the said city as aforesaid, or any other justices of us, our heirs or successors, assigned or to be assigned for or concerning the peace in the said city of London, and the liberties thereof; and also all and all manner of recognizances taken or to be taken, acknowledged or to be acknowledged, forfeited or to be forfeited, before the justices of us, our heirs and successors, for and concerning the peace in the same city and liberties of the same, assigned or to be assigned, or by one or any of them, for and concerning the keeping and maintaining of bastard children, and the keeping harmless the parishes of the said city, touching such-like children, or of inmates dividing of houses in or for several habitations, or of suppressing of ale-houses within the said city and liberties thereof; and for the observation of such-like orders, which from time to time by the said justices of peace or any of them have been made, touching any of the latementioned premises; and also all manner of recognizances taken or to be taken, acknowledged or to be acknowledged, forfeited or to be forfeited for non-appearance at any session or sessions of gaoldelivery, of and for prisoners in the same for the time being held or to be held in and for the said city and the liberties thereof: And also fines and issues of jurors, and all other issues, fines and amerciaments, forfeited and to be forfeited, of and for all and singular the matters, causes and occasions aforesaid, and of and for whatsoever transgressions, riots, offences, misprisions, extortions, usurpations, contempts of laws, violations, and other misdemeanors done or to be committed in the said city or liberties of the same, before the mayor, recorder, and aldermen of the said city for the time being, or any of them, or any of the justices of us, our heirs and successors, concerning the peace in the said city, or before the justices of us, our heirs and successors, assigned or to be assigned to hear and determine felonies, transgressions, and misdemeanors in the said city and liberties thereof; or before any justices of us, our heirs or successors, or any of them, in the city aforesaid, judged or to be judged, forfeited or to be forfeited, together with the assessments and levies of the same, as often, and when there shall be need: Saving and always reserving to us, our heirs and successors, all and all manner of issues and amerciaments, commonally called fines or issues royal, hereafter from time to time to be imposed upon these the mayor and aldermen, and sheriffs of London and Middlesex, and for the time or any of them respectively, or by them to be forfeited and paid.
And all forfeitures, fines, &c. in the court of conservancy.
And further, we by these presents, for us, our heirs and successors, do give and grant to the said mayor and commonalty, and citizens, and their successors, all and all manner of recognizances taken or to be taken, acknowledged or to be acknowledged, broken or to be broken, not observed or not to be observed, before the said justices of the peace in the said city, and the liberties of the same, or any of them, for the peace and security of the peace and good behaviour; and also all manner of recognizances taken or to be taken, acknowledged or to be acknowledged, before the mayor of the said city for the time being, in his court, or in the conservancy of the river of Thames, within the limits of the same river, or in our said letters patents of our said father, as aforesaid is recited and mentioned, for due fishing and observing of good order in taking of fish, or otherwise for the preservation of small fish in the said river of Thames, as for the conservation of the same water, or shores, or banks of the same river, made or to be made, broken or to be broken; and also all fines and amerciaments, pains and penalties whatsoever, assessed, imposed or adjudged, or to be assessed, imposed or adjudged, by or before the mayor of the said city for the time being, in his courts, as conservator of the said river of the Thames, without any account or other thing to be rendered or made to us, or our heirs or successors.
And all fines, &c. imposed by the commissioners of sewers.
And further, for the consideration aforesaid, we have given and granted, and by these presents, for us, our heirs and successors, do give and grant to the said mayor and commonalty, and citizens and their successors, all and all manner of fines, and amerciaments and forfeitures, which by reason of force of any commission or commissions of sewers of us, our heirs or successors, issued or to be issued forth within the city of London, and the liberties of the same, under the great seal of England, of us, our heirs or successors, taxed, imposed, assessed, or adjudged, or from time to time to be taxed, imposed, assessed, or adjudged upon any person or persons, without any account or any other thing to be rendered, paid or made to us, our heirs or successors.
All messuages, houses, &c. erected on void grounds, &c. within the city and its liberties.
And further, for the consideration aforesaid, we by these presents, for us, our heirs and successors, do give, grant and confirm to the said mayor and commonalty, and citizens of the said city, and their successors, all messuages, houses, edifices, cottages, buildings, courts, yards, gardens, conduits, and cisterns, shops, sheds, porches, benches, cellars, doors of cellars, staples, stalls, stages, pales, posts, jutties, and penthouses, sign-posts, props of signs, and the ground and foundation of them, shores, water-courses, gutters and easements, with their appurtenances, which now are, or at any time hereafter have been erected, built, taken, inclosed, obtained, increased, possessed or enjoyed by the said mayor and commonalty, and citizens, and their successors, or any person or persons whatsoever, of, in, upon or under all or any void grounds, wastes, commons, streets, ways, and other common places within the said city, and the liberties of the same, and in the river or water of Thames, or ports, banks, creeks, or shores of the same, within the liberties of the said city.
To have and hold Moorfields and West-Smithfield.; And to hold a fair and markets in Smithfield, and to have the tolls, pickage, stallage, &c.
We will also, and by these presents, for us, our heirs and successors, declare and grant, that the said mayor and commonalty and citizens, and their successors for ever, may have, hold and enjoy all those fields, called or known by the name Inward Moor, and Outward Moor, in the parish of St. Giles without Cripplegate, London; St. Stephen in Coleman-street, London; and St. Botolph, without Bishopsgate, London; or in some or any of them; and also all that field called WestSmithfield, in the parish of St. Sepulchre's, St. Bartholomew the Great, St. Bartholomew the Less, in the suburbs of London, or in some of them, to the uses, intents and purposes after expressed ; and that the same mayor and commonalty, and citizens, and their successors, may be able to hold in the said field called Smithfield, fairs and markets there to be and used to be held, and to take, receive, and have pickage, stallage, tolls, and profits appertaining, happening, belonging or arising out of the fairs and markets there, to such uses as the same mayor and commonalty, and citizens, or their predecessors had, held or enjoyed, and now have, hold and enjoy, or ought to have, hold or enjoy the said premises last-mentioned, and to no other uses, intents, or purposes whatsoever.
In free and common burgage.
And that we, our heirs and successors, will not erect, or cause to be erected, nor will permit or give leave to any person or persons, to erect or build a new one, or any messuages, houses, structures, edifices, in or upon the said field called Inner Moor, or the field called Outer Moor, or the said field called West-Smithfield; but that the said separate fields and places be reserved, disposed and continued to such-like common and public uses, as the same heretofore and now are used, disposed or converted to, (saving nevertheless, and always reserving to us, our heirs and successors, all streets, lanes, and alleys, and now waste and void ground and places, as they now are within the city and liberties of the same) to hold and enjoy the said messuages, houses, edifices, court-yards, and all and singular the premises granted or confirmed, or mentioned to be granted and confirmed, with all their appurtenances (except before excepted) to the said mayor and commonalty, and citizens of the said city, and their successors for ever, to hold in free and common burgage, and not in copite, or by knight's service.
And further, by these presents, for us, our heirs and successors, we pardon, remit and release to the said mayor and commonalty, and citizens of the city of London, and their successors, all and singular issues, profits, and rents, of all and singular the same messuages, edifices, houses, structures, penthouses, and other the premises last-mentioned (except before excepted) any way due or incurred before the date of these presents, to us or our predecessors, and the arrearages of the same, without any account, molestation, suit or impediment of us, our heirs or successors, or any justices, officers or ministers of us, our heirs or successors; and this without any writ of ad quod damnum, or any other writ or inquisition to be procured, issued or prosecuted in that behalf.
Without any writ of ad quod damnum.
And that it shall be lawful to the said mayor and commonalty, and citizens of the said city, and their successors, to put themselves, by them or their deputies, in full and peaceable possession and seizin of all and singular the premises, as often, and when it shall seem good and expedient; and thereof to have good allowance in any court whatsoever, of us, our heirs and successors, from time to time, without hindrance, impediment or perturbation of us, our heirs and successors, our justices, treasurers of England, barons of the exchequer, or other officers or ministers whatsoever, of us, our heirs and successors.
Pardons all entries, intrusions, and ingresses.; An exception.
And further, for the consideration aforesaid, for us, our heirs and successors, we do pardon, remit, release, and exonerate to the mayor and commonalty, and citizens of the said city, and their successors, all and all manner of entries, intrusions, and ingresses whatsoever, at any time heretofore had or made, of, in and upon the premises aforesaid, or any part of them, without any right or legal title of the said mayor and commonalty, and citizens of the said city, and their predecessors, or their tenants, farmers or assigns, or any other person or persons. We will nevertheless, and for us, our heirs and successors, do ordain and declare by these presents, that these our letters patents, or any thing contained in them, shall not be interpreted or construed to the taking or diminishing the force or effect of any proclamations published hereafter, of or concerning buildings and edifices in the said city, and the liberties of the same, and in the places adjoining, for any contempts or offences whatsoever committed, or to be committed; nor to remit or to release any offences or contempts heretofore committed, or hereafter to be committed against the tenor of the same, or any of them; but that the same proclamations may be and remain in their full force, any thing in these presents to the contrary notwithstanding.
Incroachments upon churches, or their walls, subjected to the privy council.
And we will and declare by these presents, for us, our heirs and successors, that such-like edifices, structures, incroachments and purprestures, which before this time have been made, or had upon any churches, or walls of churches, within the said city and liberties thereof, be, and shall be subject to such reformation as shall be appointed by us, our heirs and successors, or our privy council for the time being, in that behalf, any thing in these presents to the contrary notwithstanding.
Grants the office of garbling and garblers.
And moreover we, for us, our heirs and successors, do give, grant and confirm by these presents to the said mayor and commonalty, and citizens of the city of London, and their successors, the office or exercise of garbling of whatsoever merchandizes and other things which ought to be garbled; at any time arriving or coming to the city of London, by what names or appellations soever that they are at present called or known, or shall happen hereafter to be called or known; and although the same spices and merchandizes now or heretofore have not wont to be imported into the kingdom of England or city aforesaid, but shall happen in time to come to be imported.
With the fees, &c.
And we have made, constituted and ordained, by these presents, for us, our heirs and successors, these the mayor and commonalty, and citizens, and their successors, garblers of all and singular the said spices, merchandizes and things, which, as aforesaid, ought to be garbled, to have, hold and enjoy, and exercise the office and occupation aforesaid, and the disposing, ordering, surveying and correcting of the same, together with all and singular fees, profits and emoluments lawfully belonging and due to the same office of garbling, to the aforesaid mayor and commonalty, and citizens of the said city, and their successors, to be occupied and exercised by them, their deputy and deputies, officer and officers, minister and ministers, without rendering or making any account or other thing to us; our heirs or successors.
Fees &c. not settled referred to the lord chancellor, &c,; Except tobacco
And further, we will, and for us, our heirs and successors, do grant to the same mayor and commonalty, and citizens of the said city, and their successors, and their deputies, officers and ministers, to ask, demand, take, and receive, to the use of the said mayor and commonalty, and citizens of the city aforesaid, and their successors, for garbling of the said spices, things, and merchandizes, for which no fee or reward heretofore has been had or taken, which, how great, or of what shall be appointed and allowed for garbling by the lord chancellor, or treasurer of England, or president of the council, of us, our heirs and successors, the lord keeper of the privy seal, lord steward of the house of us, our heirs and successors, and the two chief justices of the king's-bench and commonbench for the time being, or by any four of them at least, and by them subscribed, without any account or any thing to be rendered to us, our heirs or successors; excepting nevertheless, and out of these presents reserving all such-like grants of or for garbling of tobacco, which have hitherto been made by us, or some of our progenitors or predecessors.
The gauging of wines, oils, &c.
And further, for us, our heirs and successors, do give, grant, and confirm by these presents to the said mayor, commonalty, and citizens of the said city, and their successors, the office, occupation, and exercise of gauging of whatsoever wines, oils, and other merchandizes and things gaugable within the said city at any time arising, or coming to the said city, by what names or appellations soever they are at present called or known, or hereafter shall be called or known; and although the same wines, oils, things or merchandizes, now or heretofore have not wonted to be imported.
And we do make, constitute and ordain by these presents, for us, our heirs and successors, the said mayor and commonalty, and citizens, and their successors, gaugers of all and singular the said wines, oils, things, and merchandizes which ought to be gauged; to have and to hold, and to enjoy and exercise the office, exercise and occupation aforesaid, and disposing, ordering, surveying, and correcting of the same, together with all and singular fees, profits, and emoluments lawfully belonging or appertaining to the same office, to the said mayor and commonalty, and citizens of the said city, and their successors for ever, to be exercised and occupied by them, their deputy or deputies, officer and officers, minister and ministers, without account or any other thing thence to be made or rendered unto us, our heirs or successors.
With fees, &c.
And further, we will, and for us, our heirs and successors, do grant to the said mayor and commonalty, and citizens of the said city, that it shall and may be lawful to the same mayor and commonalty, and citizens of the said city, and their successors, and their deputies, officers, and ministers, to ask, demand, take, and receive, to the use of them, the said mayor and commonalty, and citizens, and their successors, for the gauging of the said wines, oils, and other things and merchandizes, which ought to be gauged, the fees, wages, and rewards belonging to the said office; and such so great, and such-like wages, fees, and rewards for gauging such wines, oils, things, and merchandises, for which no fee or reward was heretofore lawfully had or received, which, how great, and what like, shall from henceforth be appointed and allowed for gauging, by the lords chancellor and treasurer of England, and the president of the council of us, our heirs and successors, and the two chief justices of the king's bench and common-bench for the time being, or by any four of them at least, and by them subscribed, without any account or other thing to be rendered or made thereof to us, our heirs and successors.
The office of keeping the great standard, &c. To weigh all sort of wares, &c.
And further, for the consideration abovesaid, we do by these presents, for us, our heirs and successors, give, grant, and confirm to the said mayor and commonalty, and citizens of the city of London, and their successors, the office of keeping the great standard and common balance ordained to weigh between merchant and merchant; and also the office of keeper of the great balance or weight within the said city of London, for weighing all merchandizes of averdupois; and also all weights whatsoever within the same city, of all sorts of wares, merchandizes, and things to be weighed, by what names or appellations soever at present they be called or known, or hereafter shall happen to be called or known; and although the same sort of wares, merchandizes, and things heretofore were not accustomed to be weighed, but in time to come shall happen to be weighed, or bought and sold by weight.
With fees, &c.
And we do for us, our heirs and successors, by these presents, ordain, make, and constitute the same mayor and commonalty, and citizens of the city of London, and their successors, keepers of the great standard, balance and weight, and all weights whatsoever; and also weigher of all sorts of wares, commodities, merchandizes, and things to be weighed, and which have been accustomed and used to be bought and sold by weight within our said city, to have and exercise the said office and occupation aforesaid by them, their deputies, officers or ministers, together with the fees, profits, wages, rewards, and emoluments of right belonging or appertaining to the same office, without any account or any other thing to be made, rendered or paid for any of the last-mentioned premises in this behalf, to us, our heirs or successors.
And also of our more ample grace, and meer motion, we will, and by these presents, for us, our heirs and successors, do grant to the said mayor and commonalty, and citizens, that it may and shall be lawful to the same mayor and commonalty, and citizens of the said city, and their successors, and their deputies, officers and ministers, to ask, demand, take and receive, to the use of the same mayor, commonalty and citizens, for the weighing of all merchandizes of averdupois aforesaid, and all sort of commodities, wares and things to be weighed, the fees and rewards of weighing the same sort of commodities, merchandizes and things to be weighed, of which no fee or reward was heretofore lawfully had or received, which, how great, and what like they shall be for weighing, from henceforth shall be appointed and allowed by the lords chancellors and treasurers of England, president of the council of us, our heirs and successors, lord keeper of the privy seal, lord steward of the house of us, our heirs and successors, the two chief justices of the king's-bench and common-bench for the time being, or by four of them at least, and by them subscribed, without account or any thing to be rendered or made to us, our heirs or successors.
The office of common crier in London and South wark.
And also we will, and for us, our heirs and successors, do erect and create, in and through the said city, and liberties thereof, and in and through our borough or town of Southwark in our county of Surrey, a certain office called outroper, or common crier, to and for the selling of houshold-stuff, apparel, leases of houses, jewels, goods, chattels, and other things of all persons who shall be willing, that the said officers shall make sale of the same things, by publick and open claim, commonly called outcry, and sale in some common and open place or places in the said city and the liberties of the same, and for the borough and town of Southwark aforesaid: and the same office, for the consideration aforesaid, we, for us, our heirs and successors, do give and grant to the said mayor, commonalty, and citizens of London, and their successors for ever; to have and exercise the same by them or their deputy, officer or minister, officers, deputies, or ministers, being first allowed or admitted thereto by the mayor and commonalty, and citizens of the said city for the time being, in common-council of the same city assembled, or by the major part of them.
And that it shall and may be lawful to the said mayor and commonalty, and citizens of the city of London, and their successors, and their deputy or deputies, officers or ministers, to demand, take, and keep for the use of the said mayor and commonalty, and citizens aforesaid, the wages and fees expressed in a certain schedule hereunto annexed.
And we will, and for us, our heirs and successors, do strictly appoint, command, and charge all other persons, that neither they, nor any of them, presume to sell any goods, chattels, houshold-stuff, apparel, jewels, and other things, in publick claim, called outcry, in the city aforesaid, or the liberties of the same, or in the borough and town of Southwark, under pain of our royal displeasure.
Widows of freemen empowered to use manual arts and occupations.
And also, for the consideration aforesaid, we, for us, our heirs and successors, do grant to the said mayor and commonalty, and citizens of the said city, and their successors, and by these presents do declare, that the relicts and widows of freemen of the said city, using manual arts and occupations, so long as they shall continue widows, and remain in the same city, from time to time, and at all times hereafter, may and be licensed to use and execute, and exercise the same arts and manual occupations in the said city, although they were not educated by the space of seven years as apprentices, notwithstanding the statute made and published in parliament of lady Elizabeth, late queen of England, in the fifth year of her reign, or any other statute or ordinance to the contrary notwithstanding.
Prohibits markets within seven miles compass.; Recorder to plead the city customs without jury or enquiry.
And further, for the considerations aforesaid, we by these presents, for us, our heirs and successors, do grant and confirm to the said mayor and commonalty, and citizens of the city of London, and their successors, that no market shall from henceforth be granted, erected or permitted by us, our heirs and successors, within seven miles compass of the said city. And because we understand, that it has been of an ancient custom of the same city, had and allowed in the circuits of the justices of our progenitors, once kings of England, to the citizens aforesaid, that the mayor and aldermen of the said city for the time being ought to record by word of mouth all their ancient customs, as often and whensoever any thing in act or question touching the said custom happens, and is moved before any justices; we, (the same being considered) willing that the customs of the said city be rather enlarged than diminished, of our special grace have granted for us, our heirs and successors, to the said mayor and commonalty, and citizens, and their successors, that whensoever and as often as there shall happen any issues to be taken of or upon any custom of the same city between any parties in pleading (although they themselves be parties) or if any thing shall be moved or happen in pleading, act or question, touching the customs aforesaid, before us, our heirs or successors, or justices for holding pleas before us, our justices of the common-bench, treasurer and barons of the exchequer, or any other justices of us, our heirs or successors, which shall exact or require inquisition, search or tryal, the mayor and aldermen of the same city for the time may record, testify and declare by word of mouth, by the recorder of the same city for the time being, those customs; and that by such record, testimony and declaration, without taking any jury thereupon, or making any further process, they may speedily proceed to the caption or determination of the plea, deed, cause or business.
Grants all treasure found, strays, &c.
We have also given and granted, and by these presents, for us, our heirs and successors, do give and grant to the said mayor and commonalty, and citizens, and their successors, all treasure found in the same city, or the liberty of the same, and also waifed and strayed goods and chattels of all felons and fugitives, for felonies committed, or that shall be committed by them in the said city, or the liberties of the same, judged or to be adjudged before us, our heirs or successors, or any of our justices.
Mayor to name a justice of the peace for Middlesex, and another for Surry.
We have granted also, and for us, our heirs and successors, by these presents, do grant, that the mayor of the said city, and his successors for the time being, may name to the chancellor of England for the time being two of the aldermen of the same city; of which one, at the nomination of the said mayor, shall be one of the keepers of the peace in the county of Middlesex, and the other in the county of Surry, who shall be inserted with others into all commissions henceforth to be made for the conservation of the peace in the counties aforesaid, and may henceforth do, concern and execute those things which are to be done by the keepers of the peace in the counties aforesaid, according to the force and effect of the commissions directed or to be directed to them and others.
And whereas the freedom of the city of London, in times past, was had in such price and estimation that many merchants thought themselves happy to enjoy the same, and to be reputed members of the same city: and whereas divers persons, being sons of certain freemen of the said city, resident in our said city, and others who were apprentices of freemen of the said city, resident in our said city, in these late times have used and daily do use and exercise merchandize, negotiation, and commerce, from the port of the same city, to parts beyond the seas, and by reason thereof have and do gain and acquire great profits and advantages to themselves, refusing or at least delaying to become freemen of the said city, and to be admitted into the liberty of the same city, although they be capable of the same; and so they have privileges, and yet are loose and free from publick offices, places, charges and burthens of the said city for our service and honour, and for the upholding of the state and profit of that city, to the weakening of the government of the said city, and impoverishing the freemen, and disparaging of the liberty thereof.
Obliges merchants in the city and within ten miles to take up their freedom.
We considering these things, and intimately desiring, as much as in us is, to strengthen and enlarge the liberties of the said city (our royal chamber) and to conserve, support and protect the rule and government, and good and happy state of that city; we will, appoint, ordain, and declare for us, our heirs and successors, that all they who are, or hereafter shall be sons of freemen of the city, or who are, or hereafter shall be apprentices, or servants of freemen of our said city, and now do, or hereafter shall reside, or inhabit in the same city, or the liberties of the same, or within ten miles distant from any part of the same, and do, or shall use merchandize, and who do, or shall refuse, or delay to become freemen of the said city, shall not be permitted at any time henceforth, by themselves or by others, directly or indirectly, to transport any goods, wares, or merchandizes, by way of merchandizing in any way, from the port of our city of London, to parts foreign, or beyond the seas: willing, and for us, our heirs and successors, we do firmly command the governors, assistants, and merchant adventurers of England; the governors and assistants of the English merchants trafficking in the Baltick Sea; the society of English merchants for discovery of new commerce; the governors and society of merchants of England trading into the Levant Seas; the governor and society of merchants of London trading to France, and the dominions of the same; and all other societies of merchants trading or merchandizing into foreign parts beyond the seas, by what name or names soever the said distinct societies are known or reputed; that they nor any of them admit, licence, or permit any such-like person or persons to merchandize, or traffick, or have commerce as merchants to foreign parts, unless such persons first become freemen of the said city, and bring a testimonial from the chamberlain or under-chamberlain of the said city for the time being, that they are admitted into the liberty of the said city.
No merchant to take an apprentice for less than seven years. Recites the act 3 Ja. I. for confirming and establishing the Court of Requests.
And further, for us, our heirs and successors, we will and command, that no merchant, being, or who hereafter shall be, a freeman of the said city, shall take henceforth any apprentice to serve him in such-like merchandize within the city aforesaid, liberties or suburbs of the same, or within ten miles of the same city, for less than seven years, to be bound and inrolled according to the custom of the said city, and not otherwise.
And whereas by a certain act of parliament made in the third year of the reign of our most dear father, lord James, late king of England, it is enacted, that every citizen and freeman of the city of London, and every other person or persons inhabiting or which shall inhabit in the said city, or the liberties of the same, being a tradesman, victualler or labourer, who then had, or from thenceforth should have any debt or debts owing to him or them, not amounting to forty shillings, by any citizen, or any other person or persons, being a victualler, tradesman, or labourer, who doth or shall inhabit within the said city, or the liberties of the same, may cause such-like debtor or debtors to be warned or summoned by the beadle or officer of the court of requests in the Guildhall of London for the time being, by writing to be left at the dwelling-house of such debtor or debtors, or by any reasonable notice or warning to be given to the said debtor or debtors to appear before the commissioners of the said court of requests, holden in the Guildhall of the said city, as by the said act fully appears.
Constitutes a clerk to the said court.; How to be chosen.; His duty and fees.
We will, and for us, our heirs and successors, ordain and constitute, that from time to time, and in all future times, there be, and shall be a certain office of the clerk of the court of requests aforesaid. And that there be, and shall be from time to time, and in all future times, one fit person to be named and appointed by the mayor and commonalty, and citizens of the said city, assembled in common council of the same city, or the greater part of them, to be a clerk of the same court, to make, write, enter and register warrants, precepts, process, acts, orders, and executions of that court; and for labour and attendance to have and receive his fees and wages expressed in a schedule annexed to these presents.
And a beadle.; How to be chosen.; His duty and fees.
And that there be from time to time, and in all future times shall be, a certain office of beadle of the court of requests aforesaid, to be named and appointed by the said mayor and commonalty, and citizens of the said city, assembled in common council of the same city, or the greater part of them; to summon all such persons to appear in the same court, to answer to such-like persons as are appointed in the said act of parliament, and to serve and execute warrants, precepts and process of the same court, and to receive for his labour in the same office the wages and fees expressed in a certain schedule hereunto annexed.
Establishes a register of office of all pawns and sales.
And whereas divers burglaries, felonies, robberies, clandestine stealings and thefts of goods, jewels, apparel and houshold-stuff, and other things, are daily committed within our city of London and liberties of the same, to the grievous damage of some of our subjects inhabiting there, or in the parts adjoining; we, for the better discovery of such-like offenders, and of things so lost, will, and for us, our heirs and successors, by these presents do ordain, grant and constitute, that from henceforth for ever, within the said city of London, and the liberties of the same, there be and shall be a certain office of register of all and for all sales and pawns, made or to be made to retailing brokers within the said city and liberties of the same; and for any goods, jewels, apparel, houshold-stuff and other things so to be sold or pawned by any persons.
The mayor, &c. to execute the said office of register of retailing brokers.; Their fees.
And for us, our heirs and successors, we now do give and grant by these presents the same office to the said mayor and commonalty, and citizens of the said city, and their successors, to have and exercise the said office by them, or their officer, deputy, or minister, or officers, deputies or ministers, first to be allowed and admitted thereto by the mayor and commonalty, and citizens of the said city, assembled in common council of the same city, for the time being, or the greater part of them. And that it may and shall be lawful for the said mayor and citizens of the said city and their successors, and their deputy or deputies, officer or officers, to demand, take, or have and retain in their power, to the use of them, the mayor and commonalty, and citizens of the said city, the wages and fees expressed in a certain schedule annexed to these presents, without any account or any thing else to be rendered or made to us, our heirs or successors.
Licence to hang out signs, &c.
And further, we do give and grant to the said mayor and commonalty, and citizens of the said city, and their successors, that it may and shall be lawful to the citizens of the same city, and any of them, for the time being, to expose and hang in and over the streets and way and alleys of the said city, and suburbs of the same, signs and posts of signs affixed to their houses and shops, for the better, finding out such citizens dwellings, shops, arts and occupations, without impediment, molestation or interruption of us, our heirs or successors, or any officers or ministers whatsoever of us, our heirs or successors.
Recites K. Hen. VIII. grant of Bethlem, &c.
And whereas lord Henry the eighth, late king of England, &c. by his letters patents bearing date at Westminster the thirteenth day of January, in the eight-and-twentieth year of his reign, amongst other things, for him and his successors, did give and grant to the said mayor and commonalty, and citizens of the said city, and their successors, the keeping, ordering and governing of the house and hospital of him the late king, called Bethlem, situate without and near Bishopsgate, of the said city of London, and all manors, lands, tenements, possessions, revenues and hereditaments whatsoever, and wheresoever lying and being, belonging and appertaining unto the same hospital or house called Bethlem; and made and constituted, by the same his letters patents, these the mayor and commonalty, and citizens of the city of London, and their successors, masters, keepers and governors of the said house and hospital called Bethlem, and of the said manors, lands, tenements and other premises belonging to the same house or hospital, to have, hold and enjoy the said custody, order and government of the said house or hospital called Bethlem, and the said manors, lands, tenements, possessions, revenues and hereditaments belonging to the same house and hospital called Bethlem, to the said mayor and commonalty, and citizens of the said city, and their successors for ever, to the uses and intents which are in and upon the foundation ordered and provided by the said late king, his heirs or successors.
And of the house of the poor in West-Smithfield.
And that the said mayor and commonalty, and citizens of the said city of London, and their successors, might be better able to support the burthen and expences of the poor in sustaining the house called the house of the poor in West-Smithfield, and other burthens assigned and appointed to the same mayor and commonalty, and citizens of the said city, and their successors, by indenture mentioned to be made between the said late king, and those the mayor and commonalty, and citizens of the said city, in the said letters patents, as by the same his letters patents, amongst other things, more fully appears.
Grants the custody of Bethlem to the mayor, &c.
Know ye, that we from our soul affecting and intimately desiring to support and establish the said works for us, our heirs and successors, do grant and confirm to the said mayor and commonalty, and citizens of the said city, and their successors, the said custody, ordering and government of the said house and hospital called Bethlem, and all manors, lands, tenements, possessions and revenues whatsoever, and wheresoever lying and being, belonging and appertaining to the same house and hospital called Bethlem; and do make, ordain and constitute, by these presents, those the mayor and commonalty, and citizens of the said city, and their successors, masters, keepers and governors of the said house and hospital called Bethlem, and of the said manors, lands, tenements, and other the premises belonging to the same house and hospital called Bethlem, to have, hold and enjoy the said custody, ordering and government of the same house and hospital called Bethlem, and of the said manors, lands, tenements, possessions, revenues and hereditaments belonging to the same house and hospital called Bethlem, to the said mayor and commonalty, and citizens of the said city, and their successors for ever, to the same uses, intents and purposes, as in the said letters patents of lord Henry the eighth are before mentioned, ordained and appointed.
How to apply its estates.
Willing moreover, and for us, our heirs and successors, we do declare and ordain, that the said house or hospital of Bethlem, or the manors, lands, tenements, possessions, revenues and hereditaments belonging and appertaining to the same house, or any part thereof, be not delivered, converted or disposed to any other use than to the charitable works now belonging, and applied in the same hospital.
No lease to be granted thereof for more than 21 years.; With a reserve of half of the yearly value.
And further, for us, our heirs and successors, we will, and by these presents do declare our good pleasure, and do charge and command the same mayor and commonalty, and citizens of the said city, and their successors, that they do not deliver or grant the said manors, lands, tenements, possessions or revenues belonging to the same house or hospital, or any part of them, for any term or terms of years exceeding the number of one-and-twenty years, to commence from the time of the making of such-like grant or lease in possession, and not in reversion, reserving half of the yearly value at the least of such manors, lands, tenements and hereditaments so leased, and granted yearly, to be paid during the said term, to the said mayor and commonalty, and their successors, to the uses, intents and purposes above-mentioned.
Licence to purchase five acres in the parish of St. Giles in the Fields, and occupation of Margaret Penn JI.
And moreover, for us, our heirs and successors, we grant and give special licence to the said mayor and commonalty, and citizens of the city of London, and their successors, that it shall and may be lawful to the said mayor and commonalty, and citizens of London, and their successors, to purchase and receive, and hold to them, and their successors, of any person or persons whatsoever, five acres of land, situate, lying and being in the parish or St. Giles in the Fields, in our county of Middlesex, and now or late in the tenure or occupation of Margaret Pennell, or her assigns; although the same five acres, or any part of them, be held of us in capite by knights service; to have and hold to the same mayor and commonalty, and the citizens of the said city, and their successors for ever.
And also we give licence and power by these presents, to all and singular persons whatsoever, that they, or any of them, may be able to give and grant the said five acres of land, and every parcel thereof, with its appurtenances, to the said mayor and commonalty, and citizens, and their sucessors, although the same five acres of land, or any parcel thereof, be held of us in capite by knights service; the statute of putting of lands and tenements in mortmain notwithstanding, or any other statute, act, ordinance, orders, restitution made, published, ordained or provided to the contrary, or any other thing, cause or matter whatsoever in any thing notwithstanding; and this without any inquisition by pretence of any writ or mandate to be made, presented or taken, and to be returned into the chancery of us, our heirs and successors, or elsewhere: Willing, that the said mayor and commonalty, and citizens of the said city, and their successors, by reason or occasion of the premises, shall not be oppressed, molested, disquieted or grieved in any thing by us, our heirs and successors, or by the justices, sheriffs, escheators, or other bailiffs, officers or ministers of us, our heirs or successors, the statute of not putting land into mortmain, or any other statute, act or provision to the contrary in any wise notwithstanding.
To build thereon.
We nevertheless declare it to be our royal pleasure, by these presents, for us, our heirs and successors, that the said mayor and commonalty, and citizens, or their successors, or any other person or persons, by the assent and consent of the same mayor and commonalty, and citizens, shall build and erect, without the royal licence of us, our heirs or successors, in that behalf first had and obtained, any houses, edifices or structures upon the premisses, or any parcel thereof: and as we or our predecessors, by distinct letters patents made to the said mayor and commonalty, and citizens of the said city of London, and their predecessors, have given and granted (as in the said letters patents mentioned be given and granted) to them licence and power of purchasing, having and receiving to them, and their successors, divers messuages, lands, tenements and hereditaments, to divers distinct yearly values, or sums expressed, as in the same letters patents more fully appears, the statute of not putting lands in mortmain notwithstanding.
We will now and declare, and do to the said mayor and commonalty, and citizens of the said city, grant, for us, our heirs and successors, by these presents, that these our letters patents, or any grant, thing or matter contained in the same, shall not be reputed or judged to be part or parcel of such yearly value or sum, to which, as aforesaid, they have been made capable and able to purchase.
This charter declared valid, &c.; Notwithstanding any writ ad quod damnum being not issued out.
And further, we will, and by these presents for us, our heirs, and successors, do grant unto the said mayor and commonalty, and citizens of the city of London, and their successors, that these our letters patents, and the inrollment of the same, shall be in and through all things firm, valid, good, sufficient and effectual in law, towards and against us, our heirs and successors, as well in all our courts as elsewhere within our kingdom of England, without any confirmations, licences or tolerations to be procured or obtained of us, our heirs or successors, by the said mayor and commonalty, and citizens of the city of London, and their successors; notwithstanding that any writ or writs ad quod damnum hath not issued, or is not returned before the making of these our letters patents; and notwithstanding the misnaming, or not rightly or certainly naming, or ill-reciting, or not reciting the said messuages, lands, tenements, offices, liberties, authorities, privileges, immunities, quittances, jurisdictions, and all and singular other the premises above hereby granted or confirmed, or mentioned to be granted or confirmed, or any part or parcel of them; and notwithstanding the not finding, or ill, or not right or certain finding of office or offices, inquisition or inquisitions of the premises above hereby granted or confirmed, or mentioned to be granted or confirmed, or any part or parcel of it, by which our title in and to the said premisses ought to be found, before the making of these our letters patents; and notwithstanding any defect in not reciting or ill-reciting of any lease or leases, grant or grants heretofore made for term of life or lives, or years, or otherwise, of the premises, or of any part or parcel of them being upon record, or not upon record, or otherwise however; and notwithstanding the ill-naming or not right or certain naming any village or hamlet, parish, ward, place, precinct or country, in which the premises, or any part of them, is or are; and notwithstanding any defect in not mentioning, or not fully, rightly or certainly mentioning the name or names of all or any tenements, farms, possessions or occupations aforesaid, and all and singular other the premises, or any parcel thereof, or of the annual rent reserved in and upon the premises, or any part thereof; and notwithstanding any defect, uncertainty or computation, or declaration, or omission of the true value of the premises, or any part of them, in these present letters patents expressed; and notwithstanding any defect in not mentioning our true right, state or title of or to the same premises, or any part or parcel of them; and notwithstanding the statute of lord Henry the sixth, late king of England, our ancestor, made and published in the—year of his reign; and notwithstanding the statute of lord Henry the fourth, late King of England, our ancestor, made and published in the first year of his reign; and notwithstanding the statute aforesaid of not putting lands and tenements in mortmain; and notwithstanding the statute made in the parliament of Edward the first, in the third year of his reign; and the statute made in the parliament of Edward the third, in the twenty-eighth year of his reign, concerning choosing of the coroners; and notwithanding any other statute or statutes of this our kingdom of England, or any other defects whatsoever; and notwithstanding the not mentioning the natures, kinds, species, quantities of the premises, or any of them, or any part or parcel of them.
To be sealed without fine or fee.
We will also, and by these presents grant to the said mayor and commonalty, and citizens of the said city of London, that they shall and may have these our letters patents made and sealed under the great seal of England, without rendering, paying or making fine or fee, great or little to us in our hamper, or otherwise to our use any way, for that express mention is not made of the true yearly value, or the certainty of the premises, or any of them, or of other gifts or grants heretofore made by us, or by any of our progenitors or ancestors, to the said mayor and commonalty, and citizens of the city of London, or any other statute, act, ordinance, proclamation, provision or restriction made, published, ordained or provided to the contrary, or any other cause or matter whatsoever in any thing notwithstanding.
In witness whereof, we have made these our letters patents. Witness myself at Westminster, the eighteenth day of October, in the fourteenth year of our reign.
The Schedule referred to in the above Charter.; Fees to be taken by the Outroper or Common Cryer.
For selling of all [sorts of] goods, one farthing in the shilling. For writing and keeping the books, one penny in the pound. To the cryer for crying the goods, one shilling.
Fees to be taken by the Register for Brokers.
For the bond to be entered into by every broker, brogger and huckster, to the chamber eight pence. For every bargain, contract and pawn, for or upon which there shall be lent or given one shilling, or above, and under five shillings, one farthing.
For every the like, for which shall be lent five shillings or more, and under twenty shillings, one halfpenny.
For every the like, on which shall be lent twenty shillings or more, and under forty shillings, one penny.
For every the like, on which shall be lent forty shillings or more, two pence.
Fees to be taken by the Clerks of the Court of Conscience.
For every plaint, two pence. For every appearance, two pence. For every order, four pence. For every remittance to the common law, four pence. For every precept or warrant to commit to prison, six pence. For every search, two pence. For every satisfaction acknowledged to an order, six pence. For warning every person within the liberties, four pence. For warning every person without the liberties, six pence. For serving every precept or warrant, four pence.
No. XLVI. Second Charter of King Charles I. [See p. 164.]
Charles, by the grace of God, of England, Scotland, France and Ireland, king, defender of the faith, &c. to all to whom these present letters shall come, greeting.
Recites the privileges of package formerly granted to the citizens.; And the office of surveying or scavage of all goods. And of balliage.
Whereas our well-beloved the mayor and commonalty, and citizens of the city of London, and their predecessors, within the port of London, within the liberties and franchises of our city of London, and suburbs thereof, have had, exercised, and enjoyed, or claimed to have, exercise and enjoy, the office of package of all cloths, wools, woolfells, calves-skins, goat-skins, bales of tin, and of all other merchandizes whatsoever, to be packed, casked, piped, barrelled, or otherwise vesselled, out of the said port, to be transported to any the parts beyond the seas, of the goods and merchandizes as well of aliens, and persons born under any foreign allegiance, in any parts beyond the seas, wheresoever they should be customed; and also the office as well for surveying, or scavage of all goods, or wares of any merchant, either alien or denizen, whose father was or should be an alien born without our allegiance, and from the parts beyond the seas to be brought to the said port by way of merchandize; as also for the surveying, delivering, or balliage of all goods and wares of any such merchants aforesaid, to be exported from the said port into the parts beyond the seas, or otherwise, on the account of merchandizes upon and through the river Thames, within the said port, in any ship, boat, barge, or vessel whatsoever, floating, laden, remaining, or being off of any shore of the said river of Thames, and upon any wharf, or shore of the same river, which should happen there to remain, and be delivered or unladen, as well by water as by land, within the port aforesaid, within the franchises and liberties of the said city, and suburbs thereof; all which they have enjoyed time out of mind, and by virtue of several charters or letters patent of Edward the fourth, late king of England, in the first and eighteenth years of his reign, to them granted.
And also by virtue of a certain other charter, or letters patents of Henry the eighth, late king of England, to the said mayor and commonalty, and citizens aforesaid granted, in the third year of his reign, by whatsoever name or names the same are called in the said letters patents, by authority of parliament confirmed, or by colour of the same letters patents, or any of them, or by the prescription aforesaid, with divers fees and rewards to the said offices belonging and appertaining:
And whereas divers questions and differences have of late arisen about and concerning the offices aforesaid, and the execution thereof within the port aforesaid, within the liberties and franchises of the city aforesaid, and suburbs thereof, whereby the said mayor and commonalty, and citizens of the city of London aforesaid, have been hindered or disturbed in the offices aforesaid, and in the exercises of them:
Confirms the said offices for 4200l.; And the package of all cloths, &c.
Know ye, that we, for the removing and utter taking away all doubts and questions about the said offices, and likewise for the corroborating, amplifying, encreasing, declaring and establishing the liberties and privileges of the said city, of our special grace, certain knowledge, and meer motion, and also for and in consideration of four thousand and two hundred pounds of lawful money of England, to the hands of our antient and faithful servant George Kinge, gentleman of our robes, and one of the grooms of our bedchamber, by a warrant under our privy seal, heretofore paid, or assigned to be paid; whereof we do acknowledge ourself to be fully satisfied and paid, and them the said mayor and commonalty, and citizens of the city of London aforesaid, and their successors, to be thereof acquitted and discharged for ever by these presents; and for divers other good causes and considerations us hereunto especially moving, have for us, our heirs and successors, created, ordained, and constituted, and by these presents do create, ordain, and constitute, that from henceforth, for ever after, there shall be within the said port of London, and the limits and bounds thereof, within the liberties and franchises of the said city and suburbs thereof, an office and offices, imployment and imployments, of package of all woollen cloths, woolfells, calves-skins, goat-skins, bales of tin, and of all other merchandizes whatsoever, to be packed, casked, piped, barrelled or any ways vesselled, with a survey of the measure, number, and weight of said merchandizes, and also the survey of all customable merchandizes, to the said port within the liberties and franchises of the said city and suburbs thereof coming, and out of the same port going, as well by land as by water, within the liberties and franchises of the city aforesaid, and suburbs thereof, as well of the goods of any denizen, whose father is or shall be an alien, as of the goods of aliens, wheresoever the same shall be customed.
The portage of all wool, woolsells, bales of tin, &c.; The fees for the said offices.
As also an office, or imployment of carriage and portage of wools, woolfells, bales of tin, and of all other merchandizes whatsoever, as well of any denizen, whose father is or shall be an alien, born without the allegiance of us, our heirs or successors, as of aliens born without the allegiance of us, our heirs or successors, and under any foreign allegiance, in any the parts beyond the seas, which shall be carried into London, from the river of Thames to the house or warehouse of such alien, and from thence to the said river: together with the fees, sums of money, profits and emoluments of the said office or imployments, and other the premises, in two tables hereunto annexed, mentioned, and respectively limited and appointed; all and singular which fees, sums of money, profits and emoluments, in the said tables or schedules expressed, as due and lawful fees to the said several offices of package and portage annexed and belonging, and in the execution of the same offices, and either of them, respectively, to be had and taken; we do for us, our heirs and successors, ratify, establish, and confirm, by these presents: and the same fees, sums of money, profits and emoluments, in the said tables or schedules before-mentioned, we do for us, our heirs and successors, grant unto the said mayor, commonalty and citizens of the city aforesaid, and their successors for ever, by these presents.
And furthermore, of our special grace, certain knowledge, and meer motion, for the consideration aforesaid, we do for us, our heirs and successors, give and grant to the said mayor, commonalty and citizens of the city aforesaid, and their successors, the said office or imployment of package of all and all manner of woollen cloths, woolfells, calves-skins, goat-skins, bales of tin, and all other merchandizes whatsoever, to be packed, casked, piped, barrelled, or any ways vesselled; with the survey of the measure, number, and weight of the said merchandizes, together with the fees, sums of money, profits and emoluments aforesaid.
And also the office or imployment of carriage and portage of all wools, woolfells, bales of tin, and all other merchandizes whatsoever, as well of any denizen, whose father is or shall be an alien born, without the allegiance of us, our predecessors, heirs or successors, as of any alien born without the allegiance of us, our predecessors, heirs or successors, and under any foreign allegiance, in parts beyond the seas, which shall be carried into London from the river of Thames to the house of such alien, and from thence to the said river; together with the fees, sums of money, profits and emoluments aforesaid; to hold and exercise the offices and employments aforesaid, and either of them, with their appurtenances, and the dispositions, orderings, surveyings and corrections thereof, and of either of them; together with all fees, sums of money, profits and emoluments whatsoever, to the said offices or employments, or either of them, in the said two tables or schedules to these presents annexed, mentioned, and respectively appointed, to the said mayor and commonalty, and citizens of the said city, and their successors for ever.
And also, to exercise and occupy the said offices or employments, and every and either of them, by themselves, or by their sufficient minister or ministers, deputy or deputies, without any account or other thing to be therefore rendered or made to us, our heirs or successors, (besides the rent hereafter in these presents mentioned to be reserved and paid to us, our heirs and successors) and without incurring any penalty or forfeiture of the offices aforesaid, or either of them, or any parcel thereof; although they or their deputies, officers or servants, do not pack the said goods or merchandizes, when they are ready, and upon reasonable request and notice thereof given for the performing the said services. And that no other porter or carrier, or any other person or persons whatsoever, shall presume to intermit or intrude him or themselves to carry or lade any of the said goods or merchandizes from any wharf or shore within the limits aforesaid, into any ship or vessel, or to unlade any goods or merchandizes from any ship or vessel upon any wharf, shore, or lane within the limits aforesaid, without the special appointment or licence of the said mayor, commonalty and citizens of the city aforesaid, or of their officers or deputies, for that purpose first had and obtained.
And that the porter or carrier appointed, and from time to time to be appointed, by the said mayor and commonalty, and citizens, and their successors, or by their sufficient officers, or deputies for the time being, shall have, take, or receive, of or from the said merchants, as well aliens born without the allegiance of us, our predecessors, heirs or successors, and under any foreign allegiance in parts beyond the seas, as of the said denizens born, or to be born within the power or allegiance of us, our predecessors, heirs or successors, whose father is, or shall be an alien, born without the allegiance of us, our predecessors, heirs or successors, for the carriage or portage of the said goods and merchandizes, such sums of money for their labour aforesaid, as, in a certain schedule to these presents annexed, are mentioned and appointed; without any account or other thing to be therefore rendered or made to us, our heirs or successors, besides the rents hereafter in these presents mentioned, to be paid to us, our heirs or successors.
And further, of our more abundant grace, certain knowledge, and meer motion, and for the consideration aforesaid, we do, for us, our heirs and successors, give and grant to the said mayor and commonalty, and citizens of the city aforesaid, and their successors, the office or employment of the scavage and surveying, and also the scavage of all the goods and wares customable whatsoever, of any merchants, as well aliens as denizens, whose father is or shall be an alien born, or to be born without the allegiance of us, our predecessors, heirs or successors, and to be brought from any parts beyond the seas, within the liberties and franchises of the said city and suburbs thereof, on account of merchandizing.
And also the surveying, delivering, or balliage of all goods and wares of any of the said merchants, within the liberties and franchises of the said city, which shall be carried out into parts beyond the seas, by way of merchandize, through and upon the river Thames, within the limits aforesaid, in any ship, boat, barge, or vessel whatsoever, floating, laden, remaining, or being off of any shore of the said river of Thames, and which upon any bank, wharf, or shore of the said river, shall happen to remain, and be delivered or unladen within the liberties and franchises of the said city, and suburbs thereof; together with the fees, sums of money, profits, and emoluments, in a certain table or schedule to these presents annexed, mentioned, and respectively limited and appointed, according to the form of the statute made and published in the twenty-second year of Henry the eighth, late king of England. All and singular which said fees, sums of money, profits, and emoluments, in the said table or schedule last-mentioned and expressed, as due and lawful fees to the said several offices of scavage and balliage aforesaid annexed and belonging, and in the execution of the said offices, and either of them respectively, hereafter to be had and taken.
We do for us, our heirs and successors, ratify, establish and confirm, by these presents; and the same fees, sums of money, profits and emoluments in the said last-mentioned table or schedule, we do for us, our heirs and successors, grant to the said mayor and commonalty, and citizens of the city aforesaid, and their successors, for ever, by these presents, to have and exercise the said offices and employments last mentioned, and either of them, with the appurtenances, and the disputings, orderings, supervisings and corrections of the same, and either of them, together with all the fees, sums of money, profits and emoluments to the said offices or employments, and either of them, in the said table or schedule to the presents annexed, mentioned, and respectively appointed, unto the said mayor and commonalty, and citizens of the said city, and their successors for ever.
And also to exercise and occupy the said offices or employments by themselves, or by their sufficient minister or ministers, deputy or deputies, without any account or other matter to be rendered or made to us, our heirs or successors for the same, (besides the rents hereafter in these presents mentioned, to be reserved and paid to us, our heirs and successors) and without incurring any penalty of the said offices or employments, or either of them, or any parcel thereof, although they, or their deputies, officers or servants, shall not survey or deliver the goods and merchandizes aforesaid, when they shall be ready, upon reasonable request, or notice thereof given, for the performing the said work or services.
All aliens and denizens shall make and deliver to the mayor, &c. bills of entry.
Willing, and by these presents, for us, our heirs and successors, enjoining and commanding all and singular such aliens and denizens aforesaid, that they from time to time do make and deliver, or cause to be made and delivered, unto the said mayor and commonalty, and citizens, and their successors, or their servants, deputies or collectors of the scavage aforesaid, for the time being, true and perfect bills of entry, of all and every their goods, merchandizes and wares, which shall be from time to time brought within the liberties and franchises of the said city and suburbs thereof, under pain of our royal indignation, and of being farther punished for their contempt of our command in this behalf: yielding therefore yearly to us, our heirs and successors, into the receipt of our exchequer at Westminster, three pounds six shillings and eight pence, of lawful money of England, at the feasts of St. Michael the Archangel, and the Annunciation of the Blessed Virgin Mary, by equal portions every year to be paid.
Fraudulent ladings, &c. how punished.
And whereas we are informed, that, with intent to defraud and deceive the said mayor and commonalty, and citizens of the city aforesaid, of the fees and profits to the said several offices belonging and appertaining, several goods and merchandizes have been fraudulently laden and unladen by divers persons at certain wharfs or places, commonly called St. Katharine's, Tower-wharf, Southwark, Bickshoar, Wapping, Redrith, Deptford, Greenwich, and Blackwall, and other places between Blackwall and London-bridge, on both sides of the river of Thames, aforesaid, supposing the same places to be without the port of London aforesaid, and the liberties, franchises and suburbs thereof:
We will, and by these presents, for us, our heirs and successors, do ordain and declare, that for ever hereafter all and singular merchant-strangers, born without our allegiance, in parts beyond the seas, and under foreign obedience; and also the sons of such merchant-strangers, who henceforth shall lade or unlade any goods or merchandizes customable in the port of the city of London aforesaid, or in any of the said places or wharfs abovementioned, shall from time to time render and pay, or make and cause to be rendered and paid, unto the said mayor, commonalty, and citizens of the city aforesaid, and their successors, or their officers, deputies and servants, such wages and fees as are in the said tables or schedules mentioned and expressed.
And further, because we are given to understand, that divers goods and merchandizes of merchants as well aliens born without our allegiance, under foreign obedience, in parts beyond the seas, as also such denizens, whose father is or shall be an alien, and born under foreign allegiance in parts beyond the seas, which are carried out of the port of the said city, and brought into the said port from foreign parts, and beyond the seas, are very often subtilly concealed and coloured, under the names of other persons, to defraud us of our customs, and other things to us belonging, for such goods and merchandizes, to the prejudice and loss of us, our heirs and successors, and also of the said mayor and commonalty, and citizens of the said city, of the fees and sums of money, so as aforesaid respectively limited, appointed and ordained by reason of the exercise of the offices aforesaid, or any of them.
In such cases the mayor, &c. may administer an oaths.
We therefore, being willing to look after our indemnity in this behalf, and also to the intent that the said mayor and commonalty, and citizens may the better, detect the frauds, covins and deceits of all persons, so concealing and withdrawing the said goods and merchandizes, and the fees aforesaid; we do, for us, our heirs and successors, give, and by these presents grant, to the said mayor and commonalty, and citizens, and their successors, that the mayor of the city aforsaid, for the time being, and the sufficient deputies, servants or officers of the said mayor, commonalty and citizens of the city aforesaid in that behalf, from time to time duly assigned, shall and may have full power and authority to give and administer the oath upon the holy evangelists, from time to time, to all such persons suspected, or to be suspected, of the said withdrawings, concealments, colourings, frauds and covins; and that it shall and may be lawful to the said mayor, his minister and deputy, or officer for the time being, by all lawful ways and means to compel all such persons, suspected, or to be suspected, (as shall refuse or deny to take the said oath) to take the sanie oath:
Although express mention of the true yearly value, or of the certainty of the premises, or any of them, or of any other gifts or grants by us, or by any of our progenitors or predecessors, to the said mayor and commonalty, and citizens of the city aforesaid, or any of them heretofore made, is not made in these presents, or any statute, act, ordinance, provision, proclamation or restraint to the contrary thereof, heretofore had, made, published, ordained or provided, or any other thing, cause or matter whatsoever, in any wife, notwithstanding.
In witness whereof, we have caused these our letters to be made patents. Witness ourself at Westminster, the fifth day of September, in the sixteenth year of our reign.
The Tables or Schedules referred to in the above-recited Charter.
The Scavage Table of Rates Inwards.
All other goods not mentioned in this table shall pay for scavage-duties inward after the rate of one penny in the pound, according as they are expressed or valued in his majesty's book of rates; and all other not expressed therein shall pay the same rate, according to their value.
The Balliage Table of Rates Outwards.
A Table of other Merchandize, Liquid and Dry, not particularly rated in the foregoing Table, shall pay Balliage-Duties Outwards, according to their under-mentioned Bulks.
The Package Table of Rates.
All other goods not mentioned in this table shall pay for Package Duties after the rate of one penny in the pound, according as they are expressed or valued in his majesty's late book of rates; and all other not expressed therein shall pay the same rate, according to their value.
For every entry in the Packer's Book, for writing bills to each entry outward, as usually they have done, twelve pence.
The strangers shall pay the labouring porters for making up their goods, at their own charge, as always they have done.
The strangers shall pay the water-side porters, belonging to the Package Office, such fees and duties, for landing and shipping their goods, as they have usually paid within these ten years last past, [i. e. from the date hereof, 16 Car. I.]
A Table of Fees taken by the Packers and Water-side Porters, for shipping and landing the Goods or Merchandize of Strangers.
All other goods not mentioned in this table shall pay portage duties as other goods do, of like bulk or condition, herein expressed.