Copies of English and Latin warrants and other records dating back to the reign of Richard I relating to the appointment, oaths, duties, privileges and powers of lieutenants, chief porters and wardens of the Tower
1 Richard by the Grace of God King of England &, France & Lord of Ireland to the Major & Sherriffs of the Citty of London greeting
Constabularis Beauchamp For as much as wee are given to understand of the Leiut:s of our Tower of London from time past Memory of man unto this present; In ꝑticuler John Darry. John de bello Campo Roberto de Morleo, Richard la Vasg. Alannis de Buxhill, formerly Leiutenants of ye Tower have resed Customes of money & other proffitts hereafter specified as Rightfully belonging to the Tower & have peaceably enjoyed the same
Namely out of every boat loaden wth rushes brought to the Citty of London, sins aquantity of the said Rushes as a Mansan wth both his Armes Containe to be laid down upon the Tower-wharfe.
Out of every boat wth Oysters Muscles & Cockles brought to ye said Citty one Mand to be laid on ye Wharfe
Out of every Vessel Loaden wth Wines from Bourdeaux or any other place, one Lagena of Wine before ye Mast another behind the Mast
Hee shall likewise have all shipps Barges & Boats shattered by wind & Tempest riding adrift wth her Corage and Tackling brooken from London Bridge & Sgall dispose of the sd Benefitt for his own use
All Swanns Swimming from the Bridge towards the Sea and from thence towards the Bridge
Likewise all Oxen horses Cows hoggs & Sheepe wch shall fall from the said Bridge into the River of Thames which the Constabularies shall Seize upon, or his Serv:ts for his use.
<344v>For every foot of the forenamed Cattle feeding wthin the Precinsts or Trenches of the Tower he receiveth one Penny
Whatsoever Carect laden or Empty falling in the Ditches of ye Tower shall become forfeitures to our sd. Leiutenant A worne Eaten wowd for a Cart Noe Carecta Empty or Laden shall come from the End of the Street called Petty Wales, nor Near ye foresd Ditch but shall be seized on & brought into ye Tower Noe Carecta shall pass beyond the Bridge wthin the foresd A Barr yt cometh from Petty Wales neare Tower Dock to Tower Street Ditches of the Tower, and of S.t Katherines Hospitall wthout Leave of our Lieutenant of our Tower of London and if any shall presume to passe & shall breake ye Barre his Carect shall forth wth bee brought into our Tower and for his transgression he shall make satisfatton according to the will & pleasure of our said Lieutenant Now wee being willing to maintaine all & each ye Priviledg.es of the Tower that none of the Rights belonging thereunto be Substracted or fraudulently wthheld wee hereby command you that yee ꝑmitt our faithfull & wellbeloved Thomas Murceaux now Constable of our said Tower to receive either by himselfe or his Serv.ts all the forementioned Customes Rents & Proffits and to enjoy all Enfranchisments & Libertys wthout Impediment or Molestaton. accordingly as all former Constables of our Tower have enjoyed their Ancient & due Rights & Priviledges of this let nothing bee Omitted
Witness ourselfe at Eltham ye 16.th of Novemb in the Sixth yeare of our Reigne
<345r>2 His Ma.ts Lre: to ye Lord Thres:er & other of ye Lords to deliver ye Charge of the Tower & Prisones thereunto Sr. Wm Wade Kn.t wch was done by the Earle of Dorsett and the Earle of Devonshire on Thursday in ye Afternoon, at ye Clock being ye 15 of Aug. 1605
Signed James R:
Right-Trusty & right-well beloved Cosins & Councellors & right-Trusty and well beloved Counsello.ers wee greet you well. The Lieutenant of our Tower of London being dead and the Place now void of any Cheife Officer to take Charge of it, wch wee think onconvenient to Suff.er Soe to remaine, wee have made Choice of our Serv.t Sr. W.m Wade Kn.t on of the Clerkes of our Councill to Comitt ye Same unto him untill wee shall otherwise dispose of it, and doe therefore require you or any two of you and hereby Authorize you to Send for sd Sr. W.m Wade, and to let him know his our Pleasure & then to repaire to our said Tower, and upon View taken of ye state of his things as were in ye late Lieut.ts Charge to deliver them over to the said Wade by Indenture as you shall find to have been customed and wthall to deliver him these o.er letters for his Warr.t to take ye said Charge and Exercise it and likewise you shall Publish this our pleasure to all inferior Officers of our sd Tower & Com̄and them to be obedient to him & Namely ye Gent. Porter to deliver him ye Keys as one of whose fidelity & long service wee have had soo good Proofe, as wee think him worthy of that Charge. Our pleasure also in that you shall give hum the Oath accustomed to be given to ye Lieutenants of the Tower and these our Lres shall be yor Sufficient Warr.t & discharge in this behalfe. Given under our Signet at our Castle at Rockingham ye 11 day of Aug.t in ye third yeare of o.er Reigne of Great Brittaine France & Ireland Directed To our R.t trusty & Welbeloved Cosins and Counsello.rs ye Earle of Dorset our high Treaser of England, and the Earle of Devonshire Mar. of our Ordnance, & to our R.t trusty & Welbeloved Counsello.rs ye Lord of Kinloss Mr. of our Roolls & Sr. John Fortishe Kn.t Chancellor or our Dutchy of Lancaster, and to any two of them, whence of our sd Treas.er to bee one
The Kings Ma.ts Lre & Warr.ts to Sr. W.m Wade Kn.t to take Charge of the Tower of London as his Ma.ts Leiutenant of the Tower
Signed James R
Trusty & welbeloved wee greet you well for as much as by the death of Sr. George Harvey Kn.t late Leiut of o.er Tower of London the Charge thereof is void wch we think not convenient should soe continue but bee Supplyed presently in regard as well of Prisoners as other things of Charge wthin the Same Wee have made Choice of you for ye Experience wee have had of yo.er fidelity to Comitt the Same unto you, untill wees hall {sic} dispose otherwise of it & for this purpose have Ordred our Lers to Certain of o.er Privy Councill to repaire thither & upon View taken of the state of that our house, as it now remaijneth at ye death of Sr. George Harvey to deliver ye same & the Prisoners to you by Indenture in Such forme as in like Cases hath been customed, wherefor we will & Comand you to attend our sd Councellors for yt Purpose and to take Charge of that o.er house of the Tower, by virtue of these our Lres. and to Exercise the same in Such manner as yt sd Sr. George Harvey or any other Leiutenant have Exercised it wthall fees Authority, Priviledges and Rights thereto appertaining, and these our Lers shall be yo.er Sufficient Warr.t & discharge in this behalfe. Given under our Signet at our Castle of Rockingham ye 11 day of August in the third yeare of oure Reigne of Great Brittaine France & Ireland Directed
To our Trusty & Welbeloved Sr. W.m Wade Kn.t of ye Clerkes of o.er Privy Councill
A Lre from the Lords of the Privy Councill to ye Lord high Treas.er of England ye Earle of Devon and others of their Lordps. to take ye Oath of Sr. W.m Wade Kn.t Leiutenant of the Tower
<346r>3After our hearty Commendaions &.a for as much as his Ma.ts last Lettres written in hast concerning the delivery of his Ma.ts Tower of London into the hands of Sr. W.m Wade did lack a Cause to Authorize you to give him his Oath wthout wch his Maty thinks not comely to hold ye Same Place, his Ma.ty being now resolved to Establishhing fully therein is pleased to Command us to let you know that yo.er Lordp.s and the rest shall proceed to give him the Accustomed Oath which other Leiutenants have used to receive, for doing whereof this our Signification of his Ma.tijs. Pleasure shall bee Sufficient Warrant & Soo &.a from the Court at Ashby ye 13 of Aug.t 1605 Signed by Ld Chamberlain Earle of Northampton Earle of Salisbury
The Oath of the Leiutenant of the Tower of Lon
You shall Sweare to Serve ye high and Mighty Prince King James and his heires & Successors Lawfull Kings & Queens of this Realme both faithfully and truly in the Office that you be calld unto that is Cheife Porter of his Ma.ts Castle Royall ye Tower of London and in all things touching his honour, and Safely you shall neither your Selfe doe procure or Give consent to bee done anything that shall bee prejudiciall to his highness person State or honour, or if you shall heare or understand of any bodily hurt dishonour or prejudice to his Maty or any of his hon.ble Issue or to the Tower of London, you shall doe as much as in you lyeth to lett ye Same or to disclose it to ye Kings <346v> Maty or to Such of the Privy Councill that you may bestowe unto & by all ways & means you can to cause ye Same truly to be known
Moreover you shall Serve noe man by wages livery or fee wthout ye Consent of ye Kings Ma.ty or ye Kings Councill
You shall bee obedient to the Leiutenant of ye Tower yo.er Cap.t and if you shall know any thing concerning the Safety thereof you shall not faile to disclose ye Same and alsoe to bee obedient to Such Officers as are to have Command over you in ye Kings Service in the Tower
You shall take Care of the Keyes of ye Gates and to see the sd Keys when they shall bee delovered unto you by ye Leiutent of the Tower to bee Safely kept and to See ye Gates Opened & shutt at Convenient & Usuall times ye Locks Serched & ye Keys after ye Gates are Shutt to bee brought up to ye Leiuten.t as is accustomed, you shall See that ye Wardens appointed to watch and ward be personally there & at due houres to ꝑforme their Charge and if any be some late or be absent wthout Leave of the Said Leiuten.t or his deputy you shall advertise him thereof that they may be Checked or otherwise Punished as by the Orders Signed by his Ma.ty is Appointed & to give their attendance in Such Sort and in Such Places as is appointed unto them
You shall take ye word of ye Leiutent and See the watch Sett in due houres all wch you shall duely and Orderly ꝑforme unless by Indisposicon of health you shall be less able to Execute the Same or by leave of the Leiuten.t you shall be Spared upon Such Occasions
You shall not depart from yo.er Service in the Tower into ye Country or elsewhere wthout license of the Leiuten.t your Captain.
You shall keepe the Kings Peace in the Tower & in all other Places and doe as much as in you lyeth to doe ye Same to ye utmost of yo.er Power and all these things you Shall only & truly Observe & keepe Soe help you God &c.a
His Ma.ts Warrant for ye absense of the Leitenant from the Tower Leaving Sr. Roger Davison {sic} Kn.t and Edward Forsett Esqr. or either of them to attend his Charge
Signed James R.ex
Trusty and welbeloved wee greet you well, At yoer humble <347r> 4 Suite, for yo.er Ease wee are pleased that you may at Convenient times absent yo.erselfe from yoer Charge of our Tower of London, and attened to yoer owne affaires or recreation for Some reasonable time, Soe as the whole So by you to bee taken for yoer absense doth not Exceed in the Compass of one yeare, The Space of one Month and that for the time of yo.er said absense whensoever it shall happen you leave in yo.er absense to attend yo.er said Charge our Serv.t Sr. Robert {sic} Dalison one of the Esq.rs of our body and Edward Forset Esqr or either of them and in Soe doing these our Lres shall be as well to you for yo.er absence Sufficient warrant & discharge given under our Signet at our Pallace of Westminster ye 6 day of July in the fifth yeare of our Reigne of England France and Ireland and of Scotland the 40.th
Directed To our Trusty and welbeloved Sr. William Wade Kn.t Leiutenant of our Tower of Londen
His Ma.ts Warr:t received for the absence of ye Leiutenant from the Tower Leaving Sr. Roger Dalison Kn.t Sr. John Kay kn.t and Edward Forcett Esqr. be any two of them to attend &c.a
Signed James R~
Trusty and welbeloved wee greet you well at yoer humb Suite and for yo.er ease wee are pleased that you may at Convenient times absent yo.erSelfe from yo.er Charge of our Tower of London and attend to yoer owne affairs or Recreaton for Some reasonable time So as the whole by you to bee taken for yo.er absence doe not Exceed in the Compass of one yeare ye Space of one Month or 40 dayes, and that for the time of yo.er Said absneces whensoever it shall happen you then leave to attend yo.er said Charge our Serv.ts Sr. Roger Dalison Kn.t one of ye Esq.rs of our body Sr. John Kay Kn.t & Edward Forcett Esqr. or any two or one of them, and in So doing these our Lres Shall bee (as well to you for yoer absense as for them for their said attending to yo.er Charge) Sufficient warrnat and discharge. Given under Our Signet at our Pallace of Westminster ye 18 day of July in ye 7.th yeare of our Reigne of England France & Ireland and of Scotland ye 42.th To our trusty & Welbeloved Sr. W.m Wade Kn.t our Leiuten.t of our Tower of London
<347v>Names of the Leiuten.ts of the Tower of London in ye Sev:ll Reignes of these Kings & Queens following
King Henry 8:th | Sr. Robert Chomley | Sr. Edw.d Warner |
Sr. Edm: Walsingham | Sr. Rich.d Blount | |
Sr. W.m Sidney | Sr. Fra: Jobson | |
Sr. Anth Knevett | Sr. Owen Hopton | |
. . . . Stoner Queen Elizabeth | Sr. Michael Blount | |
Sr. John Gage | Sr. Drew Drury | |
King Edward | Sr. John Markham | Sr. Richd Barkley |
Sr. Arthur Darry | Sr. John Peyton | |
Sr. Edward Warner | Sr. Geo: Harvey | |
Sr. John Bridges King James | Sr. Wm Wade | |
Queen Mary | Sr. Tho: Bridges | Javis Helwes |
Sr. Benyfield | Sr. George Moore | |
Sr. Oxenbridge | Sr. Allen Apsley | |
King Charles / Idem | Sr. Allen Apsley |
Signed James R. 5 Here after follow the Articles & Ordinances yt ye King most Excelln.t Ma.ty hath Ordeyned & Established ye 18 day of July in the 5 yeare of his Maty of England France and Ireland and of Scotland ye 486.th wch his highness hath Charged Sr. Wm Wade Kn.t Leiutenant of ye Tower of London & all ye Yeomen of his Guard and all other that bee appointed to give their daily attendance wthin ye Tower for ye Sure keeping of ye Same to observe and Keepe upon Parries following
First yt none of the said yeomen Soe appointed shall depart out of the said Tower of London wthout license of ye sd Sr. W.m Wade or his deputy upon paine of forfiture of xij.d for ye first default and the Second default three shillings the third default his body shall bee Imprisoned three dayes & if he make default the 4.th time to loose his Roome for Ever and his body to bee punished at ye Kings pleasure
Item ye said Sr. W.m Wade or his deputry shall not give license to none of ye said Yeomen Soe appointed to depart ofut of ye said Tower, but that they be Sure they shall be remaining wthin the said Tower xxv or more of the said Yeomen, & in likewise of all other Gunners and Artificers and this Order to bee kept by Sr. Wr. Wade or his deputy for the Sure keeping of the said Tower, upon paine of ye Kings displeasure
Item the sd Sr. W.m Wade or his deputy shall Surely See yt there bee every day Soe many of ye Said Yeomen, as Shall be thought Convenient never to be under 8 wth Gunners & Artificers Surely to Keepe ye Gates of ye said Tower that is to say from ye first Opening of ye Gates till ye last Shutting alsoe that Every of them Soe appointed and all other Yeomen beare in their hands a Halbeard or Bill wheresoever they goe wthin the said Tower
Item the said Yeomen and all other Soe appointed for keeping of the Gates Shall not depart from ye Said Gates wthout ye license of ye sd Sr. W.m Wade or his deputy nor Suffer any man woman or Child not dwelling wthin ye Said Tower to enter wthin the Same wthout license of ye said Sr. W.m Wade or his deputy dureing <348v> the time atof their waiting at ye Gate Except they know them well and that the Cause of their Coming thither bee good & Needfull upon paine of Imprisonm.t during the pleasure of the Said Sr. W.m Wade and loosing of xij.d for every Such default
Item the Said Yeomen & other Gunners and Artificers Soe appointed shall truly Keepe their night watch and ward as the sd Sr. W.m Wade or his deputy shall appoint and Com̄and them to doe upon paine of their Bodies to bee Imprisoned at ye will of the Sr. W.m Wade and loosing xijd for their first Offense and the Second Offense to loose xx.d and 2 dayes his Body in Prison, and he that thirdly offendeth shall loose his Roome and his body to bee punished at ye Kings Pleasure
And if it fortune any of the Wardens Roomes to be void ye said Sr. W.m Wade shall as Soon as he may Certifie ye Kings Maty thereof that his Ma.ty provide another in his Roome
Alsoe the said Sr. W.m Wade shall See that every of ye Said Yeomen of ye Guard and all other Gunners and Artificers Soe appointed have their Harness for their Bodies wthin the Tower as it appertaineth for ye Suerty of every of them and alsoe for the Sure keeping of ye said Tower and the said Sr. William Wade shall See this to bee done ore ever he be paid his next wages
The Gates of the Tower to bee Shut wthin a quarter of Eleaven; and Soe at Evening presently after five and opened at one of ye Clock and at Seaven and not bee Opened during ye times of dinner & Supper unless Messuage some from his Ma.ty or the Lords of ye Councill or for Speciall occasion of his Majestyes Service
When the Tower Bell doth ring at Nights for the Shutting in of ye Gates all the Prisoners wth their Serv.ts are to wthdraw themselves to their Chambers & not to goe forth that Night
After the Great Gate of ye Byward is Shut in ye Night time ye Same shall not bee opened for any prisoners Serv.ts or wives or any other person but wth the Privity of <349> 6 The Leiutenant or his deputy but as such as have occasion to come in or out to use only ye little Wicket, where according to ancient Custome two wardens shall stand on each Side to view those yt come in and out
Noe Warden to Change his day Warding or Night watches wthout yt Privity of yt Leiutenant
Noe Prisoner to bee Served but after ye Gates be Shutt for his dinner and Supper and presently after they are Served to be Shuting before ye Opening of ye Gates
The Wardens appointed to ward on ye Hill and in the Pinch are not to depart from thence till ye Keys are brought up and to be there againe before ye Gates be Opened
Where the Keys are Fetched in ye Morning by the Watch for the Night hence forth that Wards in ye day shall meet ye Said Watch at ye Opening of the Gates where ye Gent. Porter shall receive their Names and See they be fix for ye Maine ward and 2 for the Byward & if any be wanting or absent to Certifie the Leiutenant of their Names that he may be checqued for not ꝑforming his duty and after they take ye Charge upon them none of them to depart from their Wards wthout Special license
None of those Serv.ts that are appointed to remaine wth the Prisoners shall be admitted to have Ordinary recourse upp and Downe in all places of ye Tower nor on ye Hill nor to Stay in ye Ward house to observe what direccons are given by the Leiutenants to the Wardnes whereof may some Inconveniency to his Ma.ts Service
Noe other Serv.ts to attend on them then those that are appointed by order of his Ma.ts Councill and wth Such liberty as is also allowed, and none of ye Serv.ts of Lords or Prisoners to be admitted to lodge out of their Lords or Masters Chambers
The Serv.ts of the Lords or other Prisoners shall dine by themselves and not to use their Lodg Lodginhs or Prisons as Ordinarys wth resort of Persons to them at Meales
The wives of Such as are allowed to have access to the Prisoners to be admitted at Convenient time but not to lodge in ye Tower and use ye Prisons as if they were dwelling houses nor to come wth their Coaches into ye Tower but to ye Gate of the Wardhouse wthout Speciall leave of ye Leiutenant and there to light as hath been accustomed and not to Stay after ye Bell shall ring at Eleaven or 5 of ye CLock at Night.
None to be admitted to any Prisoner wthout ye privity of ye Leiutenant or Such as he shall appoint in his absense
Where of late times ye doores of ye Lodgings of ye Lords & other Prisoners in ye day time have been less open Speciall Order is to be given that ye doores in ye day time shall be continually kept Shut and the keepers to give their Attendance to let in Such as are to be admitted & noe others
None to be admitted to have access into the Prisoners Serv.ts nor to Speake wth any of them in their Lodgings, but to bee Stayed by the Wardens that waite & give attendance wthout the Privity of the Leiutenant or Such as he shall appoint in his absence
Such other Ancient Orders for Searching of ye locks of ye Gates of ye Severall prisons & calling upon the prisons when the watch is Sett and in ye Night when ye Watch doe make their ROunds are to bee observed by the Wardens there as the Leiutenant Shall give diretton.
If any of the Yeomen shall at any time reveale by himselfe or by any meanes directly or indirectly to any Prisoners any dirett on Charge or Commandm.t wch they or any of them shall receive of ye Leiutenant hee shall not only loose his Place, but be Imprisoned during his Ma.tys. pleasure
And where in former times there hath been a Gent Goaler appointed by the Leiutenant who hath Speciall Charge to See ye Severall Keepers ꝑforme their dutijes and ye Prisoners Ordered and kept as they ought too bee his Majesty is pleased there shall bee a Gentleman Goal.er <350r> 7 Appointed by the Leiutenant for this Purpose wth allowance of xijd ꝑ diem to Continue during his Ma.ts Pleasure
T Ellesmere . cane. T Doresett
E Worcester H Northampton
Salisbury
At such time as the Duke of Som̄ersett was Com̄itted Prisoner to ye Tower in the Reigne of King Edward the 6.th being Unckle to ye King and Protector of ye Realme he noting ye daily and dilignet attendance of the Wardens of ye Tower did out of an hon.ble mind to Encourage them prosise them that when it should please God and the King to deliver him out of Prison he would procure them that favour from the King that they should weare his Cloth as ye Yeomen of ye Guard did. The Duke not long after being Set at liberty, ꝑformed his Promise and Caused ye Wardens of ye Tower to be Sworne Extraordinary of the Guard & to weare ye Same livery they doe wch had ye begining by this Means, and hath ever Since been Continued
<350v>Here after Ensue the Copies of divers Ancient Records concerning ye Rights & Customes & priviledges of ye Tower and other Matters thereunto belonging confirmed from tyme to tyme during ye Reignes of Sev.ll Kings & Soe Continued Successively Pat: A:o Henrici tertij M. 65
Mandat est Ballivis hundred de Berk intn̄ de Cafford Rocheford et Berdestaple quod Sint Auxiliant: dilecto & fideli Thomas de Blundhill Constabular: Turr London, et Servientibus Suis ad arrestandꝫ illos qui Cartant Sine Litentia dm̄ Rs Blund. in Thamisia deferend in ꝑtes transmarinia. Teste Rege apud Westm: Nicessimo Nono Aprillis Anno Nono Æo 35 Henrici 3 Cla: us M 6
Mandat est Majori et Vitecom London quod habere fac Petro Blindo Constabular Turr London duas Darrat plumbi ad domos Rs in eadꝫ Turri reficiend et Rex cum Sciveret Dustu illud eis fac. Teste Rege apud Westm̄: 13 die August Anno Regni Sui xxxvi ꝑ. Regem
Mandat est Constabular Turr London quod Reclusorum Sit suꝑ Murid propo: Turrini LOndon repara fac. reparatoe qua. Indigett Ct Rex und Scudit illud ei fac, alloe Teste ut Supra <351r> Ao 40.th H. 3 Claus. M: 16>
8 Rex ad instantiam Seux Domitisse Cornubie concessit Johanne de Aupliea illud Reclusorā q.d est nixta Enliam qué est apud Turrin Rs. London habend tota vita Sua, et Mandat est Petro de Bland Constabular preduct Turr q.d eid Johanne predict Rechisorin Sine delōne habere fac Sicut ꝑdict et Teste Rege apud Windsor 22.th die January Ao 46 H. 3 Claus M. 14
Blunt Priorum Dum Rex nuꝑ Mandaverit Edwardo de Westm̄ q.d in Placea illa quiam Juxta Turrim Rs London Nota Gardens Planted wth fruite by the Constable infra Murū, ejusdem Civitatis Regis nuꝑ includi fecit plantae piroriū de Dailhon et aliox facerit plantari Mandat est Rico de Tillebir Constantibular{illeg}i Turris Refis London q.d nisi hoc fecerit ipse Sine dilone id fieri fac Teste Rege apud Windsore tertio die Martij et Custod: et Rex sibi fac abloc: Ex Rotulo Claus de A.o Nono Regni Regis Edwardi Secundi
Memorandum q.d cum quidum murus terreus ex opposito exteriore ꝑtis Turris London, dudum ꝑ quosdam Malefactores de Civitate London cum Nigenti Multitudine Armartori tum Equ{illeg} <351v> quamd predict noot ant.re ꝑstratue fuisset Cujus ꝑtextu idem du{illeg} Rex iram et indignatuem conseperat erga Comitatem Divitatis predict tandem Johannes de Grezorous Nicholas de farndon Johes de Wengraue Robertus de Kollesay et plures A mudd wall pulld down by Certaine Malefactors was enjoyned to bee repaired by the Major & Commalty of London & a fijne of 600 Marks to be paid by them & the Malefactors to be punished Aldermani et Cives Civitatis predict dum Regem attedentes in Camá Sua in Palutio Suo Westm̄ coram eod, duo Rege et Consilio Suo ibin extiter ferxis genibus geram et Benevo lentiu ꝑdict dum̄ Regii Humiliter postularunt et se ac totā Comitatem Civitatis illius gratia et voluntate ꝑdict din̄ Regni Submiserunt, Et idem Duo Rex Habitu inde deliberato etom̄ Consilo Suo ꝑ Modirū Inter Valu perdict Majorem Aldermannios Cives et Comitatem ad ejùs Pristinum gra: ac Benevo lentiam Reconciliavit et de sua gra,o Spiali nec non et ꝑ 600 Marcis quasdicti Major Aldermanni et Civitas eidem dmo. Regi dare premiserunt Solvendi ad Satt m̄ Regis transgressionem ꝑdict et oem̄ indignatoem et Upon paym.t of 1000 Marks to ye King for ye Pulling down yt mud Wall wch they repaired at their owne Charge they were pardoned Animirantorem quos ergo eos ea aattaoe. contepat remisit. Ita q.d ipsi Marn̄ predict Sumtibus cū ei festinatoe quo fieri poterit refiti faciant et Malifactor. Civitat ꝑdicta puniant et Castigent
<352r>9Ito quod dn.o Regi de Cesere nonfarisfaciunt alioquin presens Reinisuo ꝑ Nulla habeat.em et ꝑ Transgressione predict at Si hujusmodi Remissio & Reconsiliato fact non fuintssit punianter Ex F Elsing Convenit cum Recordo 23.th decemb. 1605
Ex Rotulo Finim de A.o decimo Regni Regis Edw.d Secundi
Edwardus dei gratia Rex Anglia dm Hiberniæ et dux Aquitaine, Oib.s adquos presentes Lre prevenStand here nit Saltin: Sciateis quod ꝑfinem Mille Martarnim quem Majori Aldermani Cives et Cortas Civitatis nre London fecerunt Nobistu, et unde ad fam̄ nrm: boo Marras et in Camera nra: residuas quadrigentas Massus Nobis presolverúnt perdonavimus eisdem Majori Aldermanus Civibus et Coitati transgressionem quam quidam de ead Divitate noie: Doitatis illius fecisse dicebat.em frangerido notant.em quendam Mur num̄ seren̄ ex opposito exterioris ꝑtis Turr. ure London cujus pretexta erga dro: Majorem Aldermanos Dives et Coitat iram et Indagnaroem ronsepannus quem quidem Murr dti. Major Aldermanij Dives et Coites Suis Sumphb. post Modū referermit et ipsor Majorem <352v> 9Aldermanos Dives et Comitatem nre pristine, Gratiæ et Benevolentiæ plene restituimus et reconciliavimus de nre gra.tia pleniore nolentes quod ꝑdicti Major Aldermani Cives et Coitas vel eor heredes aut Successdores rasoe transgressiones predict ꝑ nos vel Heredes nos: Seu Ministros nros: quoscum Occasionent Molestent in aliquo Seu graventer in Cujus reo testimoniū has lras nras, patentes fecimus Teste Meipro apud Westm̄ 13 die Julij An.o Regni nre Decimo ꝑ ipsim Regem Ex F Elsing Convenit Cum Recordo 23 dese: 1605
Ex Rtulo Clausarum de A.o 6.to Regni Regis Richardi Secundi
Richard Dei gratia Rex Anglie et Francca et Dom:s hibrie Majoris et Vite Comitibus London Saltum. Quia ut intelleximus Constabularij Turris nre LOndon a Tempore quo non extat Memoria Usque ad Tempud jam tarde Elapsum et in Spali Johes Darry. Johes de Bello Campo Robertus de Morley Ricus la Vash, et Alanus de Buxhill quondam Constabularij Turr nre predict Dastamus denarij et perficicae in infra Scripta de jure ad Turrim perde ꝑtinent ꝑse et Ministros Suos habuerunt et <353r> 10 Pacifise precerunt viz de quodam battello Sciepis Duerato diecto ad Civitatem predict tuntam quuntita se Scirporum Sup.er wharfum vre Turr. ponend quanta inter Brachia alicujus poterit con toneri de quo liberto batello Ostreas, Musculus et Cocheas ad Civitatem ꝑ dictam dicere consueto unam Mandam inde Super dictam Wharfam Similit.er ponend de qualiber Navi unnis Carcata a Burdegs Senalibi us Civitatem ꝑdict Venient unam Lagemuam ante Malū et aliam pone Malum Quadlibet Navem Bargeum Sive Batellū Sue aluis vas q.d ꝑ Tempestatem et Ventu fuerit dessolut Seu ruptis Cordis et ligatorijs Suis abi gubernaculus humanis nataverit aponte London us Gravesend Seu abinde us Pontem ꝑ Constabularium Sive Ministrom Suos Dapiend et ad opus Vict Constabularij applitand: quorem Dignos venientes Subtus Vcum pontem versus Mare Sue a Mare Versus eundus pont. Omnimodus: Equos Boves possos et Oves qui de Ponte predict in aquam Thamise Ceciderent, quod predict Constabular. Seu Ministrij Sin predict repering de quo libet pede huodi Animalis infra fossata Turris predict depassentis vius denarium Quamlivet Carectam Vacuum Seu Carratam quæ in fossata predict renderis tanquam foris facturam et feodū dicti Constabularij quo predict Constabularij <353v> Superius noiati et alij consietudinebus Subscriptis a tempore ꝑdict, us fuerint et gavisus vizt q.d nulla Carecta vacua Seu Carcatas afine viri Vocati petite Wales, Super Montem dce Turris nec prope folsata ꝑdicta, adaltum Statium vocat Tower-Street venire debeat nisi superit et infra Turris predict Duse et q.d Nulla Carecta Vltra pontem inter folsata Vri Castri et folsata hosptialis Sr:ta Katherine abs licentia Constabularij die Turris ꝑ transeat et si facerit et Bauram fregerit Carecta illa infra Turr. ꝑdict et ꝑ Transgressione ad voluntatem Donstabularij {sic} eiusdem Satisfieri debeat. Nos oia & Singula Jura et Libertates Turris nre pde ne deꝑeant. Seu illicitie Subtrahantur tuam tenere Volentes Vobis Mandamus q.d dilectum et fidelem nre Thomas Murreaux nunc Constabular A Barr from ye way that to mesh from Petty Wales nere ye Tower dock to Tower street Turr: predicti Custamus denaria et ꝑficua ꝑcipere et habere atc Consuetudinibus ꝑdict et Gandere liberij et abs Impedimento, aliquo ꝑmitatis ꝑut ipso Custum̄ denaria et ꝑficua hujusmodi ꝑcipere et habere ac Consuetudus ꝑdicti uti et gaudere debet ipse et oes alij Constabularij Turr ꝑdict, Custumas denaria et ꝑficua illa ꝑcipere et habere ac consue {sic} <354r> 11 Consuetudinis predictis Vti et Gaudere at Tempore ꝑdicto raco: abiliter consue verunt et nulla tenne Omittatis Teste Meipse apud Eltham 16 die Novem:br An.o Regi Hri Sexto ꝑ ipsum Regem Ex Fran Elsing Convenit cym Recordo 17 Marty 1605 Jo Borough: Nicho Parker
Ex Rotulo Ceausarum de Armo Nono{illeg} Regni Regis Richardi Secundi
Richardus Dei gratia Rex Anglia et Franciæ et Dom: Hiberniæ Majori et Vise Dom: London Saltim Supplicavit nobis Dilectus et fidelis Miles Noster Merreni Constabularius curris nre London ꝑ peticoem Suam ut cum Certe libertatis et Franchesieus Subscripte de quibus Turris nre London ꝑdict ut regale Casteum nrm ante hac Tempore a tempore quo non Extat Memoria Seisiū fuit ad dictam Castrem nrs: at Constabulariū ibm quicun fuerit ꝑtineant et devire ꝑtinere debeant veiz:t dequa libet Nave Vinis Daracta {sic} ad dtum Civitatem venient una leagena Veni ante Malum, et una alia Lagena retro Malū. de quolinet Battello tartato Ostreis Muscus vel Corleis ad Civitatem ꝑdict venienti una Manda de quolibet Battello Scirpes tartato ad dictum Civitatem Veniente un̄ Brachiale quolibet Navis Bargea vel <354v> Batteliū, Seu alindvas quodum fuerit qd Sup.erripum Thamaise Vaganus fuerit niler Gravesend et Pontem London Si nullus vivus in eisdem Vassis inventus fuerit Quilibet Dignus vel Dignisulus qui venerit vel reveneri Sup.erripam predicto: Natando adirto ponto us Gravesend Qualibet Becia quo ꝑ infortuniū in aquam Thamise ceciderit natans inter Bundas ꝑdict, abs ꝑsecuto alicujus et le Stalbotes que ad dict Constabularium ꝑtinere Solebat ac hunc ꝑtinent de quibus hores: dre Civitatis aliquid Solvere nolunt ꝑ ut consuevers Volinus proclam̄acoem delibertatibus et franchesijs ad dcm: Castem̄ nrm pertinentibus in Cevitate ꝑredict publicanū et ꝑ nun cranū fieri Subere in eadum proclamatore Voluntate noam experementes q.d Castrum nrm pdict Omnibus libertatibus et Franchesijs pre noe Civibus Suis predict gaudeat et vtatur non Obstantibus Libertatibus et Franchesijs ꝑ noe Civibus dicto Civitatis Consessus Nos de avisiamento et assensu Prelatorum alius Magatū in Parliamento nro: Suplicacoi ꝑdict Constabularij juxta Peticoem Suam Pdict: Gratiose aminimus in hac ꝑte Et ideo Vobis percimus quod infra Civitatem ꝑdict et Suburbia ejusdem in locis ubi melius Expediens fuerit ex ꝑte nra publicari proclamari et prenuntiari fac eos Singulas libertat franchesas ad predict Castū nrm <355r> 12 ꝑtinentes Et qd Volumus, q.d Vrm Dasteum libertatibus et Frachnesijs predict Gaudeat et utatur informa ꝑdict libertatibus et Franchysijs dict Divibus et Coitati ꝑ nos Consessis non obstantibus ipsum Constabularij Jura et ꝑficua ejusmodi ad dict Dastrum pertinentia perse vel Ministros Suos havere et ꝑcipere ꝑmittatis: Teste Meipso apud Westn̄ 22.th die Novembris A:o Regni nri: Nono ꝑeticoem consessum per ipsum Regem in Parliamento et erat Patens Ex Rotulo Clausarium Convenit cum Recordo Jo Barough Nich.o Parker
The Cite of London A.o Edwardi Tertij Caput 101 Concerning ye Authority of the Constable or Leiutenant of the Tower
Because yt the Errors Misprisions & defaults wch bee openly used in the Citty of London for good Governance of ye Majo.rs Sheriffs and Alderm̄ canot be enquired and found out by folks of the said Citty, it is ordeined and stablished yt the said Major Sherriffes & Aldermen wch have the Governance of the Citty shall doe to be redressed the faults Errors and Misprisions above named and duely punish them from time to tijme upon Certaine paine at first default a thousand Marks to the King at the Second time 2000 Markes and at ye third time ye Franchises of ye said Citty shall be taken into the Kings hands & that it beginn to be enquired of them at the feast of S.t Michael next coming Soe that they make due rederssing as is abovesaid <355v> and it shall bee enquired of their defaults by Enquest of Forreigne Countijes Kent, Essex, Sussex Hertford Buckingham & Berkshire, as well at ye Kings Suite as at others wch will Complaine. And if the sd Major Sherriffs & Aldermen be by such Enquest indicted they shall becaused to come by process before ye Justices Assigned therefor out of ye Citty before whom they shall make their answer as well to ye King as to the ꝑle and if they bee put to Enquest, those Enquest shall be taken by folkes foraine as abovesaid and if they be attaint ye said payne shall raecon and be laid of ye Major Sherriffes & Aldermen for ye default of their Governantes, and Notwthstanding ye Plantiffe shall recover his trible damages against ye Said Major Sherriffs & Alderman and because ye Sherriffs of London be partie to this business ye Constable of ye Tower or his Leiutenant or Minister shall be instead of ye Sherriff to receive ye writ as well ye Originall of the Chancery as the Judiciall under the Justices Seale to make Execution in the said Citty and process shall be made by Attachm.t or distress & by Exigent if need bee Soe that tat the Kings Suire ye Exigent shall bee awarded after ye first Capias returned & at ye Suite of ye Party after ye third Capias & if the said Major Sherriffs & Aldermen have lands & Tenem.ts out of ye said Citty process shall be made against them by Attachm.t & distress in ye Same Counteijes where ye Same Laws & Tenem.ts bee & every of the said Majors Sherriffs and Aldermen wch some before the Justices shall answer Singularly for himselfe as well at wch Perill of other that be absent as of him Selfe and this Ordnance shall be holden firme & Stable, notwthstanding Franchises Priviledges or Customes whatsoever and this Ordnance shall extend to other Cities & Burroughts of the Realm where Such defaults & Misprisions be Used & not <356r> 13 onely Corrected & redressed ꝫc.a Saving that ye Inquests shall bee taken of Folkes of ye Same Shire where Such Cittyes Burroughs & Townes bee and the Paine of ye Attaint shall bee Adjudged by the discretion of ye Justuces wch shall be there unto Assigned
Here Followeth a breife Note or abstract of ye Proofes or ye Part of ye Major Com̄onally & Cittizens of London touching ye differences between ye Leiutenant of the Tower & them & the Leiutenants answer to Every one of them Severally
1 The Posterne & the building there Concerning 2 The Soile of ye Tower-hill wthin & wthout ye Posterne The water gate nere ye Tower
It appeareth by divers accompts beginning Ao32 Edw Primi and SOe continuing untill Ao H 8 yt the Major & Com̄onality of London did repaire yt Posterne & Porvide lorks & teyes for it and Scoured the ditch there to their great Charges in wch Accompt it is called Some while Posterna apud Turrim Some time ye Posterne next ye Tower Ditch Some time Posterna Juxta Turrim
Item that they appointed keepers of it as of all other ye Gates of ye Citty and in time of danger Appointed men Armed to Guard it & Charged the keepers quod non Sinant Leprossus intrare as appeareth 5th Edw:d 2únd Anno 49 Ed. 3d.
Item that they did let & demise the housing & dwelling upon ye Posterna as appeareth A.o 49 Edw.d 3d & A.o 9th. of Richard 2.d wth this Caution that in time of warr they might release for the Same & keep for the Cittij
<356v>Item a Presentm.t A.o 29 of H: 8 by Wardmole Inquest of London that ye dwellers there were Com̄on Bawdes and lodged Suspicous ꝑsons by these words ye Posterne wthin our Warde
Touching ye Posterne 1.st By all the proofes ye posterne wch the Citty had must be aplase of binding & habitaton wch the Supposed place never was, but was a Bulworke of Stone wch Some few years past fell downe as is Testified by Many wittnesses
2d ye Posterne wch the Citty had must bee aplase of Com̄on Passage in & out of ye Citty wch the Supposed Posterne never was nor Could bee for it was an Entry only into ye Bulworke now decaged & ye Great Towne ditch lyeth all along to it over wch could bee noe passage nor never was by Bridge or otherwise
3.dly also it must be at ye Tower ditch as ye Evidence doth plainly Prove, wch the Supposed place is not
And it is to bee noted that Mr. Leiutenant doth make noe proofe for the Posterne but only Since Edw 6 time and that only aproofe of possession in that they have leased it and held it ever Since, where indeed the Controversie hath been So ould between ye Citty and them at least and therefore their possession is now quiet possession and Soe great an Adversary as the Leiutent of ye Tower one in possession not easily gotten out espetially Shadowing himselfe under ye Colour of defending ye Kings Right
1st It is proved in the Cittyes behalfe from time to time that they have amended the way on ye hill wthin ye Posterne and Erected & amended the <357r0> 14 Scaffold, Gallows and the Gibbet there & when Some other ꝑsons A.o 9 Edw 4 erected Gallows there ye King by his Proclaaton disclaimed in it and Com̄anded it should not be taken in derogaton of ye Franchises libertys & priviledges of ye Citty
2 Item that untill A.o ye 6.th edw. 4 they did lease Gardens there and received Rents for the Same
3Item that in A.o 6.th Edw 4. they Granted ye Queen certaine Grounds at Tower-hill neare ye Posterne to build a Chappell upon and from thence the rents of ye Cittyes Gardens there ceased & the Kings Ma.ty holdeth ye Ground to this day
4Item ye Presentments have been before ye Coroner of London touching ye death of men on Tower-Hill and in the Tower ditch Nameing ye Place of Some Parish in London
5 The Parishoners of all S.t Barking in Tower Ward London have used in their Preambulations to Compass the Tower hill wthin the Posterne
6 The Sherriffs of London have usually resed Prison out of Touching ye Soile of ye Tower-hill both wthin & wthout ye Posterne ye Tower at aWard Stone neare ye utter-gate or Bulwarke at wch place the libertyes of ye Citty have alwayes been holden to beginn wch Stone hath lately been taken away by ord.er of Some of the Leiuten.ts of ye Tower
7 Touching ye Tower-hill wthout ye Posterne it appeareth A.o 19 of Ed.d 2d that the Citty of London was at Charge to make ye ditch there at ye Posterne
8 Item 13 Ri: 2d yt the Major Com̄alty & Cittizens Sold to ye Abbot of Graces wch was on ye farthest part of the said Tower-hill towards the toward the East two wash peices of Ground lying on Tower-hill on ye West of ye Abbey.
9 And diverse ancient presentm.ts have been made wthin London of Incroachm.ts com̄itted wthin that Place. A.o 20th of H 8: & A.o 41 H: 8
<357v>10 Item A.o 21. H. 7 a Presentm.t was made in London yt the watring place at ye End of ye Tower-ditch next ye Posterne was defective for want of Ragles & that the Repaatons belonged to the Chamber of London
11 It appeareth by ancient Accompts that ye Tower-ditch wthout ye Posterne & Certaine Vaults & Sewers nere ye Posterne were Clensed at ye Charge of ye Citty of London
12 Item at that & time out of mind the Citty hath had & leased out divers Gardens lying wthout ye Posterne whereon houses are now lately built
14A.o 3.d of Edw 4.th it was by Act of Parliam.t Com̄oncouncill appointed to bee one of the places where Ruch Boats Should bee brought for the Sale of Rushes
15 Item ye Same watergate and the places nere adjoyning to it have from time to time been paved at the Charge of the Citty
The Leiutents Answ:er to ye Cittyes Breviatt
Imprimis the Citty by their first Article did Challenge a Posterne Scituate as in their own Records is Specified Sometimes juxta Sometimes prope and Sometimes , the wch proveth that ye Precincts of ye Tower-liberty should Extend to ye Posterne but assigneth no certain Place where ye Said Posterne was Seated in Ancient tijme, the Leiutenant of ye Tower tooke akind of Toll for ye Victuall coming to the Citty as well by Land as by water wch he could not doe but at ye Entring to ye Gate or before or after there coming in at ye Gate which Shews that ye Tower hath had greater Extent of Liberty & Territory belonging to it in Times past then it hath now, and at ye Posterne that now is there could not any Cattle come and therefore it appeareth yt the place where yt toll was taken was ye Ancient Posterne now decayed, and it is made very plaine by the Record of Edw 3 upon an acco.t then Yeilded up by the then Constable of ye Tower that he tooke rent of five Shillings for ye Herbage of ye place Extra posternam Veterem Juxta Turrim
2d & 3d The 2d & 3d: Articles make nothing to their Title for that they make no direct proofe where ye Posterne Stood other then ye Posterne described in their Ancient Mapp. wch is most probable to bee ye Posterne whereto they doe make their Challenge as appeareth alsoe by ye Title of their Second Particular of their own Breviatt and wee will manifestly Shew that ye Posterne they Speake of was at ye End of Petty Wales
4 The fourth is their Presentm.t in wardmole Court wch can give them no title to the Kings Soyle
5 It is not confessed the Citty had any Posterne neare ye Posterne now in question & it is absolutely denyed that any Posterne should bee apassage but in his right <358v> Nature, ought to bee as a Secret Sally only to view ye outward part of ye wall and ye Ditch or for Some privy way or Passage alongst ye Ditch in tijme of danger
To all their Allegations it is replyed that their proofes being out of their own Manuscrips & Memorialls are not of force Sufficient to disinherit any Subject of his Just Pessession & Title much less his Majesty
But to make ye matter more Cleare it is on his Matijs behalfe proved that the said Posterne hath been time out of mind in ye Kings Maty & his Predecessors Possession as appeareth by the Presentm.t of ye Kings Enquest ye 27 of H 8. & also by ademise of ye Said posterne in A.o 6 Edw. 6:th unto Rob.t Hemming & by divers other Records taken by order of the King & his Councill wch remaine in the Councill Chamber
To the first ꝑticular of their Proofes touching ye Erecting of the Scaffold upon Tower-hill it doth give them noe further Title to ye Soyle then ye Setting up of other Instrum.ts of Execution of like nature doth unto ye Soyle of other place wthin ye County and the Sherriffs of London are Sherriffs as well of Middx as of London and are to Erect Gibbets and Scaffolds for Execution in either places at ye Kings Commandm.t & King Edw.d ye 4 having been once Expelled out of the Realme inclined much to favour ye Citty on whose Assistance he then depended
The Gardens demised are not Certainly Assigned it also appeareth by a Record of A.o 46 of H. 3 that ye <359r> 16 Gardens were then Orchards and were planted wth fruite Trees by direction given to ye Leiutenant of ye Tower from ye King
The ground they granted to the Queene is not certainly Assigned but it is most likely to lye in Some place between ye boundaries of the Tower and Aldgate & there can̄ot bee any Such place as the Citty doth Challenge on wch a Chappell was built ye Gardens being yet remaining and ye Place not Certainly Assigned where ye Said Chappell was Seated
The Coroner Sitting Super Visum Corporis wthin ye libertyes of the Tower, doth not Carry away the Kings Soyle and there are diverse Records to the Contrary that the Steward of ye Tower & Sometimes the Coroner of Middx hath done ye like
The Cittyes disordered Preambulaion is aweake Evidence against ye King where there is a Record to the Contrary our Perambulaions of ye Tower-Liberty are Enjoyned the Leiuten:t by orders of ye Councill & that very ancient & in a Solemne Manner
The Sherriff is to receive his Prisoners according to ye writ, and ye laine they would inferr to bee the Cittyes boundarij, was no bound Stone but aloose Stone as is to bee proved by Ralph Gascoyne & others besides the Boundaries of London have alwayes had ye Cittys armes or other Marks Sett on them wch theis never had nor could have being Soe Small & the Stone wch they menion is quite wthin ye Bulwarke & therefore it should bee strange that a Bullwarke being a Principall place & part of ye Tower should be wthin the Citty & ye Major & Aldermen at such times and occasions have procured Lres from Lords of ye Councill (as of late they did) both at ye Kings Entry & also <359v> at the King of Denmarks Coming to Suffer them to come to Sucha Place and that Should be no prejudice to eithet Title, and I have heard ye old Lord Treaser Say to them in the hearing of 100 persons that ye Tower of London was the Mansion house & the Citty ye Demesnes and therefore what is not Comprehended in Express words in their Charter do shall appertaine to the Tower & it will appeare by Ancient Records that the liberty of ye Tower doth Extend unto the End of water Lane and on that Side of ye Dock next ye Citty it appeareth that anciently there Stood a tyle house for ye wch the Leiuten.t of ye Tower reced ye Rents whereof there are acco.ts to Prove it
The Cittyes trespass upon ye King by this it appeareth plainly that ye ancient posterne was at ye End of the Citty Ditch, but they to Enlarge their Encroachm.ts Vsurped ye making of aditch wch now Extendeth almost to ye New Posterne and in ye time of Civill warrs ye Citty was papt to Incroach upon the Kings Soyle and ye Kings then less Curious to looke to their rights and Circuits of their Priviledges
The wast Sold by the Citty is not Certainly Assigned and making nothing to Prove ye Case in question and Cannot make any thing for the Citty but to shew that ye Tower-hill then Stretched further then now it doth and that these parcells were not any part of that wch is now Called Tower hill
<360r>17 The Present made by the Citty of London can̄ot Exclude ye Kings right & the Tower shews divers presentm.ts to ye Contrary
The Places are not Certainly Assigned neither is ye repairing of a Vault or ye Sewer Sufficient to give ye Citty Title to the Kings Soyle and this was meant of ye Posterne by water-Lane
The Citty havein made an Intrusion upon ye Kings Soyle there are to returne ye Possession to his Ma.ty & not by President thereof to Offer his highness more wrong and in ye Article where those Posternes is in question it is Sufficiently answered
The Cittyes Art of Com̄on Councill Neither ye repairing of those places wch the disorder of their own Carriages were Impaired doth dive them Title to the Kings Soyle - This is Notably mistaken by them for there were divers water-gates by Petty wales wch their owne Records will manifest as I will plainly prove and this is ameere intrusion upon ye Kings Highway and the Kings Wast wch I am able to prove in my owne Knowledge & Soe they Pretented to have had ye Rushes Carried to the Temple by their Appointm.t where they have as little todoe they may aswell Claime the Temple Staires because by their order as they say they appointed the Rushes to come thither
<360v>Sr Leonard Holiday Kn.t Lord Major of ye Citty of London upon ye 16.th day of December 1605 did come forth of ye Citty unto Aldgate accompanied wth divers persons & Entring by a byway at ye Same Gate came all alongst ye Banck of ye Towne-ditch Close to ye wall that Leadeth to ye Posterne-gate of ye Tower & there he came forth at alittle hole into a Yard & Soe (wth ye Sword Carried before him) did make Entrance at ye Posterne Gate but ye Chaine was denied to be open'd to him and went over Tower-hill into Tower-street betweene for & Six of ye Clock that Night ye Gate of ye Tower being shutt: Hereupon ye next Morning Sr. W.m Wade Kn.t Leiutenant of ye Tower caused divers Carts laden wth Goods & Merchandize belonging to Ceratin Cittizens of London passing from Thames street to Tower-street to be taken & brought into the Tower according to the Priviledges & Charters of ye Tower by wch noe Carts cann pass out of Thames Street to Tower-Street wthout Leave of the Leiut wch Stay of the aforesd goods was made by the Leiutenant in reguard of the abuse Offered his Ma.ty & the libertijs of ye Tower by the Lord Major in having his Sword Carried up before him in the Said libertyes whereupon ye Cittizens that were own.ers of ye Goods repairing to the Lord Major ye Citty made Complaint to the Lords of ye Councill before whom the Cause was heard & by Lres from ye Lords to the to the Leiutenant ye Goods were delivered upon bond yt the Partijes should Stand to that order wth their Lordps Set downe & for ye present that Order was Sett downe that here followeth
18 29.th December 1705
Where as Complaint hath been made unto the Lords of his Ma.ts Privy Councill by Sr. W.m Wade Kn.t his Mats Leiutent of ye Tower that the Lord Major of London wth Certaine of ye Aldermen & others in his Company entred on lately that is to Say of Friday the 20.th of this Instant month of decemb in ye Evening come into ye Liberty of the Tower compassing a Great part thereof wth the Sword carried up before him and that he tooke possession of ye Posterne Using Some Speech or words to Call ye People to Wittness of ye Possession Soe taken thereby derogating from ye Priviledge and liberty that is Supposes to belong to his Ma.ts Royall house & Castle of the Tower, wch complaint was grounded by the Leiutenant upon informaion given him by Some persons that were present at the Lord Majors Coming unto the Posterne aforesd and Espetially upon ye Testimony of one Chambers yt had affirmed unto him and likewise hadid affirmed the Same before the Lords of the Councill that he heard the Ld Major Speake words to ye effect before mentioned concerning ye taking ye Use of ye Posterne to ye use & in ye right of the Citty, and whereas the Recorder of London together wth Some of ye Aldermen namely Sr. John Garret & Sr. Thomas Middleton Kn.ts having come before the Lords this day to make answer unto the Same Complaint in the behalfe of the Lord Major have declared that ye Lord Major came not at that time into ye Limits or posterne aforesd or into any part or place about ye Tower wth any Such intent or purpose (as is Complained of) to take possession nor did take any possession in the Cittyes behalfe or to take any advantage in ye Matter of Jurisdiccon and that he Vttered noe Such words or to Such Effect touching ye taking of Possession, nor did take any possession, but that his Coming thither was Merely & only to Survey the Tower Dike between Algate & the Tower being of late yeares very Noisome <361v> And as Imediately as he had been before to Survey the Sewers about those parts of London and that he tooke his way to pass by the Posterne Gate & over Tower hill for noe other respect but because he was told at that present that it was his Nearest way Acknowledging never the less (that the Lord Major Soe passing by the Posterne gate the Sword was Carried upright before him as in other places of his Jurisdiccon wch they affirme in his behalfe & from himselfe not to have been done of any Lett purpose at that tijme for advantage in the Question of Jurisdiccon but only because at other times heretofore it had been Soe Carried in that place by his Predecessors, alleging that also it being late in the Evening as it was grown darke and he being Soe meanly Accompanied it could not well be Supposed that the Sword was Carried to make any Shew of Claime of Jurisdiccon there and further more after their Answer to the said Complaint) have made a Renunciaton partly against the said Leiuten.t of ye Tower & partly ag.t Some ꝑson or ꝑsons Employed by him against himselfe that he thereupon Caused the Goods of Certaine Cittizens to a good Value (as they were to be Carried through Tower street to be Staid & brought into the Tower) and there to be detained in leiu & requitall of the sd wrong wch he the Leiuten the Tower grounding himselfe (therein (as he alleaged upon Presidents of former tijmes & upon a Supposed rightfull power & Authority in the Leiutenant upon Such Occasion Soe to doe) against the partie or parties Employed by him Namely against one Phillips a Warder that the said Phillips Spake these words or to this effect, viz.t that as ye Traytors lately Com̄itted to ye Tower Sought to take away the Kings life, Soe the Lord Major Sought to take away the Kings Land (Scandalizing greatly by that Speech & depraving ye Citty Reputaion of ye Citty in their duty & Allegance to his Ma.ty wth Some other words Offensive towards the Citty: upon hearing <362r> 19 Of the said Complaint, and answers on both Sides & mature deliberaion had therin the Ldds: have Given their Censure & Judgm.t as followeth: First that the Lord Major whatsoever his Purpose was of Coming thither at that time in Such Sort did inconsiderably in giving Cause of Susicon for taking Some Advantage in Matter of Jurisdiccon & espetially at such a time when the Tower was soe replenished wth Prisoners for soe heynous Offences as he knew then to bee In wch respect if any Turbulent disorter should have haꝑned concerning ye Jurisdiccon through occasion of his Repaire thither it is easy to be considered how Inconvenient it might have been, but hard to say what evill effects might have Ensued & so much the rather to bee misliked because heresofore Straight Charge & Order hath been given to forbeare all occasion of Strife & Contention about ye said Question of Jurisdiccon untill Some COurse were taken for deciding it, Secondly that ye Goods taken & detained by the Leiutent shall be fortwth Restored to ye Owners wthout any trouble or Charge to them for the Same (this direction & Order for Restituion in this Manner or any thing else Soe ordred to be here Vnderstood as that it may not be taken to prejud{illeg}ice any Right & Authority that either the Lord Major or the Leiutent can Shew & Claime bye Charter) thirdly that the said Phillips for ye Lewd & Scandalous Speech uttered against the Lord Major & Aldermen (acknowledged in Effect by himselfe & reproved by the Leiuten.t & not for any other respect or Offense shall be Com̄itted to the Prison in the Fleet, and lastly that wthall Convenient Speed a Course shall be taken by way of Commission (whereto the Record.er did Absent in the behalfe of ye Citty, for drawing <362v> The Controversie of the Jurisdiccon & Limitts of ye Tower and of ye Citty to Some Good End, and in the meane time as formerly hath been Ordred, All Action of Strife & Contention thereabouts, & Attempt to take any Advantage, on either ꝑtie to be forborne Ed ꝑ Wm Wade Signed L.d Aris Bishopp of Canterbury Lord Chancellor Earle of Worcester Ld Treasurer Earle of Northampton Earle of Lenox Earle of Salisbury Ld Admirall Lrd Knolleyes Earle of shrewsbury Lrd Wotton Lord Stanhopp Lord Bruce
Memorandum that upon the 7 day of July 1606 Christoph Asquith Saller was Arrested wthin the libertyes of ye Tower at ye Suite of Edmund Churrs in a Plea of debt of 1630:£ & being there in Execution for the said Debt and 10:s Charges he entreated a Protection of Sr. Wm Wade Kn.t Leiuten.t of ye Tower wch was granted him for one yeare & a day to the intent he might the better leave ye Said Sume of Money to Satisfie his Creditors afterwards about ye 7.th of October following wthin ye time of the Lemitaion of his protection ye said Asquith was Arrested in London upon an Accon pf debt at ye Suite of Waterton Payne & Luke Cropley
Whereupon Mr. Leiuten.t Sent to the Lord Major & sherriffes of London to demand the delivery of his Prisoner being in Execution in ye Tower wch they refusing to doe Mr Leiuten.t to Maintaine ye Priviledge of ye Tower caused the next two Cittizens that came wthin the libertyes thereof, wiz.t Nott & Kember ton <363r> 20 Bee taken & brought into the Tower where they were detained till Such time as they did procure the said Asquith to be Set at liberty hereupon ye Lord Major procured habeas Corpus out of his Mats. Bench upon a Friday in the Terme time in the absence of the Lord Cheife Justice being then at ye Starr Chamber) for ye bodies of the two foresaid Cittizens to bee brought Imediately to the Kings Bench. upon receipt of wch Writt Mr Leiuten.t repaired to Sr. John Popham Lord Cheife Justice and informing his Lordpp of ye Case he tooke the writt into his hands and after upon Complaint of ye Recorder - and Some of the Aldermen his Lordp: heard the Cause & upon Consideraion of ye Priviledge of the Tower - in that Case (the like where of is in other Courts) his Lordp Caused awrit out of his Matys. Bench to bee directed to the Sherriffs of London to deliver ye said Asquith to Mr. Leiuten.t Whereupon by virtue of that writ Asquith was Brought to Mr. Leiuten.t by two Serjeants of Lond: and then the Same Nott & Kember were discharged & Lett at liberty
In Magno Rotulo de A.o Secundo Rs Edw.d tertij inter alia cont ut Sequetr
Comptus Stephani Seagrave nuꝑ Custodi Turris London defunct. ꝑre Bree: Rs: patens, dat quarto die Februar A.o Regis 16 Regis Edw pris: hujus ꝑquod Rex com̄isit eidem Stapho Dustod {sic} ejusdem ejusdem Turris cum̄ ꝑtine ha{illeg}end quam duo Regi placuerit eod Modo / quo alia Custodes illa habuerint pertipend ꝑer Ann. ꝑer ead Custody foad. consuit et Vizt de erit ejusdem Turris a dto: quart die Feb. 16.to Vsque xviij dien August{illeg} <363v> Prox Seqū Ann.o xvij.th incipiendj quodie Libavi:t eand Custodj Waltero Exon E. po Vna Cum armant et alijs rebus / ac at Prisonibus en eadj Turr. existend ꝑ Indenturas Aquo xviij die Augusti dict Epus Domp {sic} inde Roe xijvij Regi Edeo pris hujus in London
Rex Idem reddit Dompt ve iij:a iiij:d ve reddꝫ Willi de Troup adfest pasche & Nat Sr:tie Johs Bapte de quadam domo ei dimisa ad firm̄ ꝑ Idem Tempus Sicut Cont in R.o de ꝑticulis / quem libet in Tho: et de iiija de reddꝫ ad eosdem terminos de quadam domo locat Johs Symonds ꝑer idem tempus Sicut Cont ibin: et de iiij.a de reddꝫ ad eosdem Terminos de quadam domo locat Johi Hetiham ꝑer idem tempus Sicut Cont ibin: et de xj.a de xj Navibus ducent Alex rub. ve Jeremū qu London infra dict Tempus zvixt de qua libet Navi xij.d ex Consuetud: Sicut cont ibin: Et de xiij:a iiij.d de iiij: or Battellis de London: Vocat Stalbotes Piscant in aqua Thamiss / ad piss vocat Spratt durant Seisona: infra fict Tempus viz.t de quo libet Battello vijja viij:d ꝑ am: ex consuetud / antiqua Sicut Cont ibm: et de xxa de quique Battellis fornir vocat Stalbotes eodqꝫ modo piscant ꝑ idem tempus vizt de quolibet Battello ꝑ Am viij.a ex Consuetud Sicut cont ibm: et de iij:a vj.d de Terr ꝑject Circa vict Turr: Venit diversis tegulat{illeg}arj ad tegulas inde faciend infra predict tempus Sicut Cont ibm. Et de xviij.d rec de ix ꝑer Egrm Vement de Sr.to Jacobo ꝑ aquam Thamiss in Navibus de Whitsand ꝑ idem tempus Sicut Cont ibm: et de iiija vj.d de xix:m kedellꝫ Stantibus ꝑ aquam Thamiss: ꝑ idem tempus <364r> 21 Viz:t de quo libet kedellꝫ ꝑer Am̄ vj.d ex Consuetud: Sicut Herbage Cont ibm Et de iij.a vj.d de herbage wn placea extra Turr ꝑ{illeg} Sicut venit infra idem tempus Sicut cont ibm et de xij.d recept de diu pellecto London ꝑer Bellibus Siccande Suꝑ placeas extra eund Turr Infra idem Tempus Sicut Cont ibm Sume Recept Lxx:s viijd
In Magno Rotulo de Ao 8.vo Regis Ed: terij Continetur inter alia ut Sequitur
Computus Willi La TOuch de Mortuo Maria de Exitt Turr. Rs London per Litteras Rs: pater dat q. die Maij A:o Secundo irrot in Orig deodꝫ A.o ꝑ: / quas Rex concessit eidem Willo Custodꝫ vce Turr. cū ꝑtin̄ habend, ad totam Vitam Ipsius Willi eodꝫ Modo quo Allij Custod: illum prus huerunt Nichi de felmsham Attorn̄. ixijus Willo ꝑ eo Sicut continetur in Memorand de A.o ix.no Terminco Sr.ti Michls vizt a xxij:d die Augusti vco: A.o Secundo quo die dict Willims Custode illam Recepit de Mauricio de Berkle / qui ante / deiiem illū inde Computavit Sicut Cont in R.o Secundo in Item London us vij diem Febr. pox Sequend: Ante qua lib. Custod / ꝑdict cum Stuaro in dict Turr Existend Idhi de Crumbewell ꝑ br Rs. et Indenture aquo vij.no ide Fbr: idem Johi Debet inde Respondere Et Regi infra
The Leiutn:t reced ye quit rents of Certaine houses in East Smithfield Idem redd Comp de iij:a iiij.d rec. de quieta Reddit detribus parvis vomibus Sup.er East Smithfield ꝑ tin as dict Turr Terminos vizt Srti Machs. infra dcou tempus, Sicut to con{illeg}t{illeg} <364v> In R.o de ꝑticub lib Tho et de iiija rec de quist Reddict de quadam domo quondam Johis de London. ibm ad eund term̄ Sint Cont ibm Et de xij.d de quiet Redꝫ de domo quondam Johis: de Hechesham ad eund Terminius Sicut Cont ibm Et de iijs recep.t de quodam Ten. qd quondā fuit Symon de Farmer in East Smithfield Existent in Manu Rs: et Sic demis ad firm ꝑdict tempus Sint cont ibm De Turr Regis in Vito de Petty Wales, extra Portam dict Turr non Respondit eo quod vacum fuit et Nullus illud Concere Voluit ꝑ idem Tempus ut dr et de xa de Terra piect circa ꝑdict Turr Sic Vendit diverse tengulator ꝑer idem Tempus Sicut Cont ibm et de xx.a de viij Battellis London Vocat Stalbotes priscant magna Thamiss ad piscem qui vocat.es Sproutt apd Turr va Mare Dran Seisona vizt ꝑ dcm tempus Scz Verata demid Mersa ꝑ Anm. de quolibet Battello Ex (antiqua consuetudine ad Eand Turr ꝑtin̄ sicut cont ibm et de xviij.a xd de vij Battellis forniss Vocat Stalboles consuimisit.er pistan per idem tempus viz.t de rata viija ꝑ Am̄ de quolibett Battello Sicut Cont ibm et de xxiiij.a de xxiiij.or Navibus ducem Alec Ruben de Jerrend Vs Lond.o a festo Sc:ti Martini in hiene vs festū Purifis (xx Sequend viz de qualibett Navy xijd et antiqua Consuetū Sicut cont ibm et de vj.a recept de Sex Mercator Extraneis hentib. / Alex in pde Navibus vizt de qualibet eorundem Mercatorū xij.d ex consimilis consuetude SIcut Cont ibm Et de vj.s viij.d repit: de quadrigint ꝑegrinus euntibus / apud Stin Jacob et de inde Venient ꝑ aquam in Thamiss ijd Sicut Cont ibm De kidell <365r> 22 ꝑ aquam Thamiss apd & Turr us Mare non Respondit eo quod Nulli Keddellis Sunt ibm Sed deponunt ꝑ magnam Garbage wthin ye Posterne. Chartam) nec Respondit de herbage placea Extra posternā Juxta dram Turr Seu de Pellibus Siccand Suꝑ Perseas in East Smithfield extra Portam ejusde Turr quia Null ꝑficiū in Accidit ꝑ dcm. tempus ut dicit
Sume Recept iiij:£ xvj:s xd
Concordat quod ꝑmises cū Magno Rotlo: ꝑredict hic in Scas: in Custode Clerici pipe de Record reman̄ ꝑ me Alex: Williams
Examinatur Concordare cum Originalis in oresentia horā cest. Salmon Green, Peter hone, Meiqer Wm Logan
In Magno Rotulo v.e A.o Vndecimo Rs Edw.d tertij inter alia Continetur ut Sequitur
Computus Johs. de Weston Junior Nuper Constabularij Turr London perbre Rs: patens date xvij die Novembris A.o xxij Rs Edw pris Rs hujus Annotato in Titlo Domp ipsus Johs. de Exitibus ejusdem turr in Rotre is.dno vri Rs. pris Rot compt ꝑer quid Rex Comissit eidem Jhi Custodia dre Turr cum ꝑsicū Lond. quam diu Regis placuerit eodem modo quo alij Custodium illum Suerunt ꝑrecipiendo ꝑ Ann: ꝑer ead Custodia feod consuetum vizt de Exit ejusdem Turr a foe S.cti Mchs: A.o xix dci Rs pris incipient ante quod festtū idem Johs. inde Compt in dcto Rtotlo: is.no VS fest Sanct Michs. A.o xx us xvij die Novembris ꝑ x Sequen et ab eod antequam hb Custodiū Johs de Gizors et Rico de Getoigne ꝑlia. patent <365v> Issabella R.a Angliae et Edwardi primo fili Rex date vj.to die Novemb. vro A.o xx ꝑ quas Manda vto: Constabulario q.d dū Turr cid Prisonibus et Orbus alij in Turr illa Existent ꝑ Johi et Rico ꝑ Indent lib aquo xvij die Novemb A.o xx jdem Johes Gizors et Ricus de lib inde Compas
Annus xix
Idem Reddit Comp de xxxj:a iiij.d Recept de Reddꝫ in EastSmithfield et petty wales ꝑtin ad vrām Turr determinis viz.t Nat pvm pasche Srti Johs Baptiste et Sr.ti Mchs Eoranij Sicut Cont in R.o de ꝑtocul quem libet in Tho: Et de xxxj.a Recept de quadam Custid ꝑvenien̄ de xix.m Navibus et duo decem: Mercator ducent rubend alec de Jernemuth Vs London Eot A:o viz:t de quali: Navi xij:d et de quodam Mercator xij.d Sicut cont ibm et de viij:s Recept de xvj Kedel Stant ꝑ aquam Thamiss inter ꝑredcma Turr et Mare hoc A.o Sicut Cont ibm Et de v.s Recept de herbage Vnius Platea Extra Posterno Veterem juxta eandem Turr Vendit et ꝑ pellib.us Super eund platea ve Siccandis infra Tempus predict Sicut cont ibm Et de Exit Stalbotes, ibm non Respondit The herbage wthout ye Posterne & other Accruments belong to ye Leiuten.t eo q.d Nullū ꝑficum inde / accidit Hor A.o ut decit Nec respondit de Vendit Turr ꝑject ibm ꝑ tegulis faciende eo q.d nulla fuit inde Venditis Sue fieri potuit hoc A.o ut dict Nec respondet de Consuetudine ꝑegrinor quia nulli ꝑregrini ibm transtrecarunt nec Applictuereunt hoc ANno ut dicit et Sicut Cont ibm Sume recept Lxxv:s iiijd
De quibus
23Idem Comp in Vad 5 unius Custode Aqua Thamsiss Colligent reddet Custum ꝑdict ꝑsipient ꝑ diem ij.d hoc A.o xixa - lxxs. x.d Sicut cont ibm Et Sicut Allocatoes in Ann̄ precedent et eidem proroba Sua per Ann̄ ꝑ iij iiijd Sicut Cont et Allocato.es ibm
Concordat (quod permisse) cū Magno R.o ꝑredict hic in Suo in Custod in Clerici pipede Record remaner ꝑer me Alexand.er Williams
Eam̄ concordarecum Originalibus in presentia horā Testim̄ Soloman Greene. Petri Honemei Wm Logān
Henricus Dei grat. Rex Angliae et Franciæ Dns. Hiberniæ. Escheatoribus in Com̄ Moidd Sex Salutus Quia Henricus Dux Exon filij Heres Johns Nuꝑ ducis Exon qui denobis tenuit in Dapite {sic} die / quo obijt dicit Se plenūe etatis essu, et petit a Nobis ter. et The Tower of Lond is in ye County of Middx Tenement / que Sunt de heredetate Sua et in Custodiu nra: at in Custodi predict Henrici Ducis at Willi Bourghier Misit Jhis Chancy Ac Hugonis Payne Tho Caldwodly. Tho Bodulgate Armiger et Tho: Manning CClici: ex Commissionibus nrs Sibi redi ꝑ quod Volumus quod idem Dux qui apud Turrim nram London in Com̄ predicto Natiss et in liba Cappella Sr.ti Stepham infra Pallatine nrm Westm̄ in eod Com Baptizatus fuit Vt dicit Etatem Suum ꝑbet coram te, et ideo tibi precipimus q.d ad certos diem et locū quos ad hoc ꝑvideris ꝑ bacoem ꝑdc: ꝑ Sacrum tam Militum / quam alior ꝑ bran̄ et legatū homū de Com ꝑdict ꝑ quos ꝑrebatio illa illa Cpi et <366v> Veritas Etatis ꝑdice Meluis Sciri Poterit et enquiri Capias Et Scire fac ꝑrefat duci Willo Johi Hugoni. Thoma Thome et Thome q.d tunc Sint ibi ad Ostendere Siquid ꝑse Eeunt et Vel dicere Sciant, quare prefato duci ut illi qui plene etatis est, Si plene Ætatis Sic terr et tend predict cum ꝑtine reddere nondebeam et probatcoem illam Sic Capta Nobis in Cancellar nrm Subsigillo tuo et Sigillis eor ꝑ quos fact fuerit SIna dilone mittas et hoc Bree Tine ipso apud Westm̄ xxa die May A.o Regni nru tricessimo Sexto Friston
Clausæ de A.o 51 H. 3 M 5
Rex Balivis Civitatis Sue, London Saltum cum Commissionus delecta fideli nro alano la Buch Civitate predict et Turr Cum̄ ꝑertine custodiend quā dui Nobis Placuerit, Vobis Mandamus quod habere faciunt eidem alano Singulis diebus Sexaginta Solodos ad Expensas Suas circam Custodꝫ de Exit ibe Civitatis predict. tam de firma plac{illeg}itis et ꝑquisitis quam alijs inde ꝑvenientibus et hoc pretextu alicujus Mandati nri vobis directi Sendirigendi nulla temus Omittatis et Cum Sciverimus / quantū et liberaveritis Bre: nrm de allocatione Vobis inde havere faciemus, T Rege apud Westm̄ xxijdie Junij
24.Copie of an ancient Record to prove ye Priviledges of the Tower Calus A.o H. 3: M 24
Mandatum ut Majori et Vite Com̄ London q.d oia ꝑlita tent London qui ad Coronam ꝑtinent et que placitari debent corā Justiciar apud Turrini London Simionit ꝑ preceptum vm Rs: corā Justiciar apud Turr London in Dro Purificatoris bte Maria A.o x.o Venire faciunt plene et Evidenter coradm Justtir apud Turr London Line ꝑ x postdiem amd.o eod Sicut ad aliud die Sum oniti fuerunt T Rege Apud Chessbury xxx.mo die Februarij Coram Justiciarijs
The Leiuten.t of the Tower holdeth that place wth Priviledged men daily attendant of ye Same, tanquam Locus Asijuij Specialij Priviledged wthout touch of any others in Derogaton of the Same as well as the Cheife Justice of England holdeth ye place of his Mats. Bench
The Priviledges of the Tower & Libertyes of the Same take their Comensem.t & Beginning long before the Citty of London as the Premises Cheife Place & hold, wch is well prov'd by Ancient Vsage and Custome in giving the Major of London his Oath by ye Leiuten.t and Steward of the Vtter gate of the Tower in London in time of Sickness or other occasion of Closing the Premises heigh Court of Chancery The Authority & Priviledges of the Tower appeareth by keeping of ye Court of great Sumes of debt Transgr. delime or other Actons where many great learned men in the Laws as wel Serjeants as others have pleaded. In wch Court they have <367v> Vsed to make Process de horā: in horam as well as in a Court of Pipowders and the Leiuten.t & Steward wth their Councill have often Judged & determined upon them according to Law & Equity and Consciense
It hath been an old an Ancient Vsage to keepe Table in the Court of ye Kings Bench. to be delivered thither of all the Priviledged persons of ye Tower to ye end that no process or Trouble should thence bee Moved or Stirred against any Such who had Soe great Continuall & painfull watch and Care day & Might about the Princes Cheifest Place charge & Treasure and if any Such ꝑson be troubled the Leiūtenant having Knowledge thereof should goe to Such place where he is wth the Ax of ye Tower to Fetch him home
The Tower in Some respects is and has been taken as a house of Warr Exempted from all other libertyes Franchises & Places and their Laws only Standing to ye Ancient Tower Laws Priviledges & Customes of old Time possessed & Enjoyed by all Officers of the Same wth grace & Permission as well of ye Princes aforetime as of ye Princes of this Age
Copie of a Certificate from Sr. Edw:d Cooke & Mr John Doddridg 16th Aprill 1605
Concerning ye Stewardshipp of ye Tower
Our dutyes most humbly resembled yoer Lordps: having referred the Consideacon of a Peticon exhibited into yor Lordps by John Whitby one of ye Yeomen of his Mats. Chamber concerning a Grant Made at his humble Suite unto Robert Browne under ye Great Seale <368r> 25 Of England of ye Office of Steward of ye Court usually holden wthin ye Tower of London wch the Leiutennant of ye said Tower doth pretend to bee in his Gifts requiring us to make report unto yo.er Lordps what wee conceive thereof - May Afterwards upon better Consideracon his Maty. was Satisfied yt ye Gift of ye Stewardship (is in ye Leiuten.t who giveth no other place in ye Tower & Browne was put by the Place & M Arkell ye former Steward continued in it it please yoer Lordps therefore to bee advertised that wee have called the said ꝑties before us, and have heard there Allegacons and ꝑused the Patent of ye Said Office passed into the Sd Browne from ye Kings Maty. & doe find by Good Matter of Record that the said Court is an Ancien.t Court of Record, and that it is the Kings Court and for any thing that hasth appeared unto us to ye Contrary yt the said Steward (who is Judge of the Court) is to come in by his Mats. Grant, and that ye Patent thereof passed unto the said Browne (for anything wee can finde to the Contrary) is good and available in Law. And how necessary it is that the said Court (being an Ancient Court of Record and having Power to determine Matters of great Importance wthin the Jurdisdiccon thereof) shall be directed by a Certaine Lawfree Judge, wee humbly referr it & our doings herein to yo.er Lordps Honorable Consideracon & ever Remaine Most Hunbly at yoer Lordps Commandmt Edw Cooke John Doddridg
After the decease of Sr. George Harvey. Browne renewed his Suite to ye Kings Maty. wch was by the Mr. of requests referred to ye Leiutennants Sr. Wm Wade. Sr. Julius Cesar then being Mr. of requests & upon ye Answer of ye Leiuten.t of the Tower to his Mat. his Mat. was soe Satisfied <368v> as Browne did Vtterly relinquish his Suite by Express Comandm.t from his Maty.
After our hearty Comendacons - Whereas ye Kings most Excellent Majesty hath granted a Com̄issoion under the great Seale of England bearing date ye of ye last Month of August by wch power & Authority is given to us and others of his highness privy Councill to Nominate & make Choice of such Knights and Gent of Good discretion and Experience in Martiall Affaires together wth the high Sheriffe to be Commission.ed for the Musters of those Comitijs where there are no L.d Leiutenants or where any Leiuts Shall happen to desease and in Town Corporate also to appoint other Commission.ers to Joyne wth the Major & Justices to Execute undertake & discharge all those Services concerning ye Mustring Viewing & training of men as well horses as foote wch ye Deputy Leiutnt did or might doe. for as much as there is noe Leiut in the County of Middx Wee have by Virtue of his Maty. Send Commission given Authority to Certaine of ye Principall Gent in that County to bee Com.ers for the takeking of ye View & Musters of ye trayned Bands from time to time as theere shall bee occasion ye Hamlets that doth Appertaine to ye Tower of Londō have herefore in regard of their Attendance on yt place been under the Charge & Care of the Leiuten.t of yt Tower & it is Meet (as in former time hath been Vsed / you Should see in what Order & readiness they bee and how they are furnished and keep a Register of them; Wee doe Authorize yoi ye Leiuten.t of the Tower to take ye View of those <369r> 26Tablemen their Armour & Weapons that are inrolled & reduced into the inrolled Bands wthin the aforesaid hamlets and to See ye Defects repaired as well of ye Armour Weapons & Furniture as of ye ꝑsons of ye Men in Such sort as the{illeg} their Commissoion.ers bee Authorized to doe for the Rest of ye County wherin these shall be yo.er Sufficient Warrant in that behalfe & So bWee bid you heartely Farewell from the Court at the day of Septembr. 1605 Signed by the Ld Chancellor Earle of Worcester Ld Treasurer Earle of Northampton Earle of Lenox Earle of Salisbury Lord Chamberlain Lord Knollijes Earle of Northumb. Mr Treasury Herbert
The Session or Court of Sewers holden in the Tower of London ye 13.th day of June A.o 1607 A.o R R.s 5to.
It is by the Comissioners hereafter Named for redress & remedy of Annoyances and Noysom Savors & other inconveniences arisen & growing by reason of Priveijs & Seiges builded or hanging over or having Issues into ye ditch of ye Tower of London called the Tower-ditch ordeyned enacted & Established that all Buildings that now doe Jutly or hang or be fisced Set or placed over ye further Side of ye said Tower Extend wch are or shall bee used for a Stoole or Stooles, or place or places of Easment or for a Privy or Privys having or wch hereafter <369v> shall Issue into the said Tower ditch or for any other use or purpose shall be reformed obated & Clene taken away before ye last day of August next Ensuing at ye Charges of ye Farmour or farmers Occupier or Occupiers or Owner or Owners of ye Freehold of ye Place or places house or houses wherin Such Jetty privy or BUilding doe or shall Soe hang Stand or be fixed Sett or places as aforesaid upon paine of forfeiture of v:£ of Lawfull Money of England for Every Month after the Last day of Aug.t wherein any such Building shall remaine orand not be abated & Cleane taken away according to ye True Meaning hereof to bee Levied upon ye Lands Tenemt.s Goods or Chattells of the said Farmer or Farmers Occupier or Occupiers owner or Owners of ye said Jutty Privy or Building wch doe or shall hang Stand or be fixed Sett or places by any ꝑson to bee thereunto Authorized by Warrant under the hands of ye said Commissioners in the said Commisson named or of any Six or more of them whereof five to be of ye Quorum
And further it is Ordeyned Enacted & Established by the Com.ers hereafter Named that Every ꝑson that shall hereafter make or use or Cause to be made or used any hole Snick or Passage through ye Wall of ye said Tower into ye said Tower-dithc whereby any water Ordure or Soile shall or may Passe upon the wall of ye said Tower into the said Tower-ditch thrō: the said Wall said forfeit for Every such Offense ye Sum̄e of x.£ of Lawfull Money of England & further that if upon any resaonable warning or Notice given to him her or them Soe Offending to <370r> 27 Reforme or Stopp such hole Snick or Passage by any Person or ꝑsons to bee Authorized as aforesd by the sd Commissioners in the said Comission named or any Six or more of them whereof five of them to bee of ye Quorum / the same shall not wthin 20 dayes be Sufficiently reformed & Stopped that then ye Party Soe Offending or failing shall forfeit for the said Offence ye Sum̄e of x.£ of Lawfull Money of England
And Whereas there is a Very Presumptious Incroachm.t upon ye Counter Scarp of ye Tower-ditch being parcell of the Fortification belonging to the sd Tower by reason that divers ꝑsons und.er pretence & Couller to have Garden Plotts demised unto them of and in the sd Counterscarpe like unto a Platt Forme & have also in divers places Streightned & lessened ye Currant of water in the said Tower-ditch by makeing it firme Land. It is therefore for the reforming of this presumptuous & dangerous Inconvenience. Ordeyned Enacted & Established by the Comiss.ers hereunder Named that Every of the said Severall divisions & Peticons shall be pulled down & Reformed and the sd Counterscarpe made Slope & descending in all & Every part & Parts as before it was digged & levelled & the sd Currant of Water in the sd Tower-ditch be made as large deepe & Wide as it was before by every ꝑson or ꝑsons their Execut.ion or Assignes Respectively wch have or hath Committed or made any of the sd Offences or Incroachm.ts before in this last Branch mentioned before ye last day of August next coming upon paine to forfeit <370v> x.£ of Lawfull Money of England and for every Mon̄ that the said Offence & Incroachm.t shall remaine Vnreformed & Vnamended after ye Saide day ye Sum̄ of v£ of Lawfull money of England
And also Whereas there hath been erected Sett or Builded upon ye said Tower-ditch divers buildings wch are an Occasion of great Store of Filth Soile & Rubbish to be cast into the sd Tower-ditch & therefore inconvenient to bee Suffered neare any such fortifications as his Mats. Castle Royall ye Tower of London: It is therefore Ordeyned Enacted & Established by the Commissioners here under named that before the sd last day of Aug.t the said Buildings & Every of them shall be pulled down & amoved upon paine in default thereof to forfeit the Sum̄e of tenn pounds of Lawfull money of England and for every Month after ye sd last day of August ye Sume of five pounds of like Lawfull money of England Signed by the Commiss.ers following and by them also Sealed / viz:t Sr. Jerome Bowes Sr. Tho Bennet Sr. W.m Wade Sr. John Brett Sr. Walter Cope Sr. Wm Rummey Sr. Vincent Skimmer Edw.d Forcett Esqr Sr. Thomas Fowler Nicho Collins Sr. Leonard Holiday Sijmon Bassill Ra Dobbingson
<371r>28 Right Trusty & right wellbeloved Cosens & Counsellors wee greet you well for as much as it appeareth daily more and more that whilst wee have been Contented of our Grace & Clememcy to tolerate a greater libery to all Sorts of Prison.ers wthin ye Tower of London, then hath been used in the times of our predecessors Kings of England there hath been Such and Soe Continueall resort of all ꝑsons & at all times to chose that bee restrained and Such an Entercourse & Intelligence among them Selves as that place wch had the Reputacon of best order & Security is used now more like to a house of Hospitality and Entertainm.t of Company then of Restraint. Wee purposing to give Order to these inconveniences and yet graciously intending to use such favour Vnto them as may not prove Vnsafe to our Selves: Wee doe command you of our privy Councill to infrome yo.er Selves of those Orders wch have been Established in ye time of Our Predecessors (and that done all due Circumstances considered Soe to direct our Leiuten.t by virtue of this warr:t that he may be the more Accomptable to us for any Error there: When he hath reced: new & certaine direccons from you on whom wee Authorize by this Lre und.er our hand for that purpose given Vnder our Signett at our pallace of Westm̄ the Second day of July in ye 9:th yeare of our Reigne of England &ta.
To our Right trusty & right welbeloved Cozens & Councellors & to our R.t Trusty & welbeloved the Lords and others of o.er privy Councill
<371v>After our very hearty Comendacons his Maty. having of late entred into ye Consideracon of ye Governm.t of yt place whereof you have Charge & observing What great Inconveniences may Arise by Irregular liberty in a Place of yt Mature and Importance as that is whereof his Maty. hath had Soe late Experience by the Escape of Mr. Seymour hath now taking into his Princely care to have those abuses presently reformed wch have Crept in there by degrees and wch may prove dangerous if there should be a longer tolleracon for wch Purpose ꝑticular direccon of anything wch may appertaine to the Reformacon, being imposed upon us by Commandm.t from his Maty. as will appeare unto you by the Copie of his Matys. Lre wch wee Send you hereinclosed. Wee have therefore Conceived Certaine Orders & Instruccons (Sent you likewise herewthall) agreable to his Mats. Meaning as Neare as wee can having respect as well to his Mats. own Clemency & Moderacon as to the Safety of yt Place in wch the too much liberty of Strangers resorting to ye Prison.ers & the Continual Intercourse wch those that are Restrained have & daily doe Use amongst themselves is by his Maty. held both Unsafe & dishon.rable these Orders therefore you are presently to impart to Every Officer wthin that place whom they may Concerne and precisely to observe & Cause to bee observed by others Respectively for Soe much as Concernes Every man in his Offices as you and they will answer it upon yo.er utmost perrills <372r> 29Whereof you Especially that have the principall Comand & Charge over ye Rest Wee hope will have that Care & over Sight as shall be answerable to yo.er owne Reputacon: & dthe duty & Allegance, wch you owe unto his Maty. & soe ever bid you heartely Farewell, from Whitehall ye last of June 1611 Signed by the Lord Arch Bishop of Canterbury Lord Chancelor Lord Admirall Lord Treasurer Lord Chamberlain Lord Privy Seale Earle of Worcester Earle of Lenox Lord Knollijes
Orders Concerning the Tower of London to be observed by Mr. Leiuten.t there & ye rest of ye O{illeg}fficers to whom it appertaineth
First for those that are Concerned ꝑsons to whom his Maty. hath extended Extraordinary & Gracious favour as the Lord Cobham and the Lord Grey they are to have but two Men to attend upon them wth a Read.er & a Cooke, wch is a greater proporcon: then in former time hath been allowed to an Earle or a Duke
Sr. Walter Raleighe shall not in all Exceed the Numb of foure
All these are to bee Locked up in the Lodgings allotted to ye Lords and him and Neither they nor the Serv.ts of any other Prison.ers to have Lodgings any where wthin the houses of ye Wardens or other where wthin ye <372v> Tower, and none of their Serv.ts to bee aliens or strangers, but Men of honest Conversations & their Names to be Sent unto us. Neither shall they Change or take any in the Places of those now appointed to attend upon them untill wee wee {sic} be Certified the Names & quality of ye ꝑsons they shall hereafter desire
Noe Officer Ward.en or Inhabitant wthin ye Tower shall Losge any ꝑson or ꝑsons in their houses but Such as are of their owne houshold & Family upon Paine to bee removed out of ye Tower and if he bee a Warden to loose his Place
Moreover where great Inconvenciencys have been found in the Extraordinary favour granted unto them contrary to the Ancient Custome of ye Tower to make their owne diett whereby they have increase of Serv.ts & Officers & Guests resorting to them they may bee ꝑmitted to Continue the making of their own diett Soe as thereby they have no further Increase of Servants or Guests to repaire to them at Meales and the Provisions to be brought in due time by Such as you shall Appoint Soe as the doores of their Lodgings be not kept open und.er that Collour but for the most part kept shutt, wherein if hereafter at any time any Inconvenience by their Seeking of too much liberty shall be formd then the dieting of <373r> 30 Them Selves shall Cease & they to bee dietted by you according to ye Ancient Order of ye Tower.
The Lady Raleighe, must Vnderstand his Mats. Express will & Comandmt: that She resort to her house on Tower hill or Elsewhere wth her women & Sonns, to remayne there & not to Lodg hereafter wthin the Tower
For the Earle of Northumberland whose Offence is in another degree he is to reduce his family to the Number of Seaven ye Names of which his Nessessary Attendants were Shewed us in a list being a Double proportion wch in former times hath been allowed to any Earle
For his Recreation he may walke at Convenient times in ye GardenKings Garden in the East Side of ye Tower & on ye hill by the Ordnance-house first Sending unto you to have leave & either wth yo.er Selfe or Sr. John Kay or such ꝑson as you shall appoint to keep him Company
And because his Maty. doth Vnderstand yt Coaches come Vsually into the Tower wthin former times was never ꝑmitted wthout Express leave from us being a thing inconvenient in it Selfe & unfitt to bee used in that his Matys. Royall Castle neither used in any of his other houses his Express will & Commandm.t is that from hence forth you Suffer no Coaches to come unto the Tower or to any ꝑson whatsoever wthin ye Tower Prison.ers or other
<373v>And wherefore the M{illeg}ore Security of ye Prisoners his Maty. is pleased you shall have ten persons weaponed & hable-men out of ye Hamlets every Night to watch there to whome there shall be allowance of vj.d a man for their Attendance yous hall See them disposed wth the Warders yt doe likewise watch at ye doores & Windows of ye Prison:ers and at Such other places as you shall think fitt and Convenient for ye Safe keeping of ye Said Prisoners for whom you are Answerable
Soe likewise in the Wardhouses and other Ward places newly Erected and neare to the Prisons where ye Cheife Prison.ers are kept you shall dispose ye Warders as you may from time to time have good Accompt of ye Prison.ers & the Tower Wherein this Rule would be observed that none be Suffered to come in or out at ye Byward but Such as are well known to ye Warders yt Keepe ye Gates upon lose of their places & Such other Punishm.ts as shall be inflicted upon them if any inconveniency doe happen by that Passage as lately there did
Further more whereby the Order under his Mats. hand halfe of those Warders who are in pay should be continually Resident in ye Tower wee have thought good hereby to Charge you yt the said Order be hoe {sic} longer Neglected but that the said Number of twenty of those Warders at ye Tower to give their Attendance upon every Needfull Occasion & that they <374r> 33 have Armour and Weapons as is by the said Order Com̄anded
Moreover you are Epressly Charged from hence forth to See ye doores of ye Prions outward hambers to bee more Strickly looked unto then hereto fore hath been used both for yo.er pwne discharge and the Safety of ye said Prison.ers and a keep.er to attend there who may informe you of all such ꝑsons as desire to have Access to the said Prison.ers whereof none shall be admitted wthout ye Privity and for Necessary occasions
When you shall have Occasion to attend upon us or to goe forth out of ye Tower for nessessary business there shall noe ꝑsons be admitted to any Prison.ers in yo.er absense but Such of ye Earle of Northumberland his Serv:ts & Officers as are known to the Warders to have access unto him
Lastly because you bee can̄ot ꝑforme all things in yo.er own ꝑson ye Gent Porter is hereby Commanded to give due Attendance according to his Place & Oath to See ye Warenrs ꝑforme their dutyes in their Severall places to See ye Watch Lett every Night and to Advertise you of those that make default that they may be punished according to the Orders, Signed by his Mats. hand Signed by the Lord Arch Bishop of Canterbury L.d Chancellor Earle of Worcester L.d Treasurer L.d Knollys L.d Privy Seale L.d Stanhope L.d Chamberlain Sr. Julius Cæsar Kn.t
A Lre from the Lord Treas.er unto Sr. W.m Wade Leiuten.t of ye Tower Authorizing him to Sett up a Barr upon the Wharfe to hinder the Passage of Carts over the Wharfe
After my hearty Comendacon: Whereas I have been Certified that the Ordnance upon his Mats. Wharfe lyeth in very foule & Vndecent Sort by reason of the Vnusuall Landing of Goods among the Peeces & at the Cranes as also by ꝑmission of Cartage of all things over the Smae Wharfe, These are therefore to require you to cause a Barr to be Sett up at the West Side of ye Bridge called Traytors Staires yt no Carts pass that way: Also that you Suffer neother the Labourers to take up at the Cranes nor any goods whatsoever to bee taken up at that part of yt wharfe Extending from the West Side of ye Bridge called Traytors Staires unto the Com̄on landing Staires by the Dock, neither any Ships but only for his Mats. Use & Service & Whereas ye Assignes of Sr. Roger Ashton are willing at their Charges to Sett up a Crane for ye taking up of Stone & timber & all other things on that part of ye Wharfe wch his Maty. hath lett unto Sr. Roger Ashton, being ye Estermost {sic} part of ye Wharfe Extending from the siad Traytors Staires unto St Katherines by wch meanes Subjects goods may bee as conveniently Landed as before I pray you to ꝑmitt ye Setting up of such a Crane <375r> 32 To so good a Purpose & Soe I com̄it you to God: at Whitehall ye last of Novemb. 1611 Yoer loving Friend
R Salisbury
The Setting up a Crane in that place confronting ye Chiefe Roomes in ye Kings Lodgings being found very Inconvenient for that & other respects Is tayed the Erecting of ye Same & satisfied the Lord Trear therein W.mWade
A Lre from Mr. Leiuten.t of ye Tow:er to the L:o Viscount Tenton Cap:t of ye Guard to his Maty. 24.th of Aug:t 1612
It may Please yoer hon:ble Lordp: I know the Meaness of my Place to bee Such & my honest affeccon Soe great to yoer hon:ble Lordp: as that I will on Noe Sort Seem to contend wth yoer Lopp: but wth yoer hon:ble favour I may humbly informe yoer Lopp: of any knowledge of ye Conditon of ye Warders here, It may therefore please yoer Lopp: to Vnderstand that before ye first Comittmt of the Duke of Som̄ersett at ye time of King Edward the Sixth: the Warders did never weare ye Kings Coate but he Seeing ye Paines they tooke & to Winn their favour & to leave a Memoriall of his favour to them promised to procure them his Matijs. Cloth whenSoever it should please his Maty. to Sett him at Liberty wch hee upon his Enlargm.t ꝑformed. & Soe it was ordred at that time they should bee Sworne Extraordinary Yeomen of the Chamber and that hath Continued ever Sichence. When I came to the place I found most of them had been Servant in former times to the Leiu:ts & I know no other Meanes the <375v> Leiutenant hath to recompence his Serv.ts that give painfull Attendance on Prison.ers but in Preferring them to be Warders. Where it pleaseth yo.er Lordp to Stay yo.er desire to bring things to Ancient Order I shall think my Selfe bound highly unto you yt I may have yo.er Lordps Assistance therein Wherein to informe yoer Lordp: truly I must Affirme it was a great abuse offered therin both to his Majesty & this Place by those that procured Soe many Revertons of Warders Roomes at his Mats. first happy Entrance of persons of all Sorts neither known to his Maty. yo.er Lordp or the Leiuten.t of ye Tower of wch Sort I find there were no less then 16. the Second abuse was that these grants were passed under the Great Seale contrary to former Order wch was only under his Mats. Signe Manuell, and when his Maty. thought it meet to add at ye time of ye powder Treason ten Warders more I would Suffer none of them to take Pattens of their Place Vnder the great Seale therefore I see noe Cause why those who have gotten Revertons by Such abusive Meanes should bee reguarded & therein wth yo.er Lordps favour I meane to be an humble Suitor to his Maty. that all those Pattentees may be dealt wthall to yeild up their Patents and to take them (as was accustomed) under his Mats. hand whereby they may the better be Subject to the Orders Sett down by his Maty. but there are already Soe many of them as I have no hope to bring in any of my poore Serv.ts unless (as I have done) wth Compounding wth those that have Revertons. I must Confess there are diverse Warders Soe Unable by their <376r> 33 Yeares & Infirmites as I have noe Service of them and thō: they dauly Importune me to Sell their places and it is agreable to all ye Instructons under the hands of his Maty. or his Progenitors to informe his Maty. of ye Insufficiency of any of them yet I shall forbeare to give Consent therin, thō: I supply the peace by my owne Servants. For I will not the short time I am like to Serve here give any occasion of Offence & yet I shall never forbeare the Same in respect of those that are in Reverton who deserve no favour, but not give Occasion of any dislike, this much I am bold to Certifie humbly to yoer Lordp wth whom I meane not to Contend, but humbly to Seeke yo.er hon.ers favour and to Offer my Service & observance and to be at ye Commandm.t of yo.er Lordp Wm Wade
<376v>Touching ye Warders place Vntll Sr. Christo: Hatton was Cap.t of ye Guard to ye late Queene, never any Cap.t of ye Guard did Sett their hands to any bill for any Warder of ye Tower
He being in Speciall favour wth her Maty. in reguard the Warders are Sworne Extraordinary of ye Guard did pretend to have Interest in their Admittance, but neither hee nor Sr. Walter Raleigh who Succeeded him ever preferred any Warder
Many bills are yet to be Shewed for Warders Roomes whereunto the Leiuten.ts hand is alone but not any to wch the Cap.t of ye Guard is Subscribed wthout the Leiuten.ts
Sr. Owen Hipton (ye Queene being in Prog:ress) did admit Sibley (now dead) in the Roome of one that deseased & he never had noe bill Signed for ye place but Continued awarder above 30 yeares
Sr. Cha.s Hatton did labout to bring in one perGibson now a Warder & wrote his Lre to Sr. Owen Hopton for his Cosent {sic} whereunto Sr. Owen Hopton answered by Lre that he was Contented at his request to yeild thereto wch he would not doe at ye Entreaty of any other
Harding had the hand of Sr. Charles Hatton to his Bill and of Sr. Owen Hopton the Leiut but before it was Signed by her Maty. Sr. Owen was removed & Sr. Michael Blount appointed Leiuten.t the bill being Offered to her Majesty, She Vtterly refused to <377r> Signe the Same to any whom the present Leiuten.t should not prefere and thereupon the hand of Sr. Michael Blount was Procured & soe was Signed by her Maty. wch is yet to bee Seen
There are old Grants from King Henry ye 8 King Edward & his Maty. there is a Clause that if any shall happen to decease the Leiuten.t shall Advertise their Majestys thereof that a Sufficient man may be chosen in the Place & never any Mencon made of ye Cap.t of ye Guard & thereby also Authority is given to the Leiuten.t to fine Imprison or Discharge those that shall deserve ye Same. I have formerly informed yoer Lordp: that before his Mats. happy Coming to ye Crown never any Warder of ye Tower had their Places under ye Great Seale, but only un.er the Cignett nor any Recercons granted but upon good Service done by Some of ye Leiuten.ts Serv.ts who have ye Keeping of Prison.ers and the Leiuten.t hath noe other means to reward them but in procuring them Warders Roomes & most part of the Warders time out of mind have been Serv.ts to the former Leiuten.ts or Such as have bought their places of them
The Bills Signed by their Majesties for admittance of warders have alwayes been & are directed to the Leiuten.t of ye Tower & not to ye Cap.t of ye Guard or any other wch should not bee soe if ye Cap.t of ye Guard had ye Appointing of ye Warders
<377v>The Warders are Sworne Extraordinary Yeomen of ye Chamber because they doe weare his Mats. Cloth Which had ye Beginning only in the time of King Edward the 6.th by the procurem.t of ye Duke of Som̄ersett when he was first Released out of ye Tower
The late Queene Elizabeth of famous Memorie in ye Beginning of her Reigne at ye Suite of Sr. Owen Hopton ye Leiuten.t of ye Tower Complaining that Revercons of Ward.ers Roomes were procured wthout his Knowledge gave Speciall Order that noe Bill for any Warders Roomes either in Revercon or otherwise might passe wthout Speciall Recom̄endacon of ye Leiuten.t
Bill of a Warders Roome under the Signet granted by King H: 68 to Walter Anniers bearing date ye 25 March in the 3.d yeare of his Reigne Subscribed by Mr. Comptroller & Signed by the King directed to Sr. John Gage Kn.t Constable of ye Tower & to Sr. Edm: Walsingham Leiuten.t of ye Same: Jo Gage
Another from Queen Elizabeth to W.m Stile bearing date the 16th day of May in ye 29 yeare of her Mats. Reigne 1587 Signed by her Maty. & Sr. Owen Hopton Leiute of ye Tower Cha Hatton Owen Hopton
<378r>34 Another under the Cignett granted by Queen Elizab: unto John Harding Signed by her Maty. & Subscribed by Sr. Christo Hatton Lord Lord {sic} Chancelor Sr. Michael Blount & Sr. Owen Hopton dated the 7.th of Octob: in the xxxiij yeare of her Reigne Christ Hatton Cant Owen Hopton Mic Blount
Another Bill Signed by her Maty. und.er her Cignet granted to Roger Tibson & Subscribed by Sr. Richard Berkeley dated ye 15 of Decemmb: An:o Regi Dn R xxxix:ro 1596 Richard Barkeley
<378v>Taken out of an old Presentm:t in paper interlined throut wth ye hand of Sr. Tho: Saunders Kn.t Lord Cheife Barron of ye Excheq.er & Steward of ye Tower aman of great Learnig in the Laws & of great Estimacon Presentm:ts by the Queens Mats. Inquest of ye Tower of London Sworne by Sr. Tho: Saunders Kn.t Steward of ye Said Tower before Sr. Francis Jobson Kn.t Leiuten.t of ye Same conteining among other things the bounds of ye Tower
First wee have Viewed & doe present that from ye wat.er gate at ye Thames Side called Pirks Corner streight unto the End of Petty Wales & to ye Corner house unto the End of Tower Street comonly called Robert Smiths house & Soe Streight North to ye Brick wall wch was Some times part of Mudd: then called Pirks Garden & Sichence in ye Tower or Occupacon of Ra: Johnson now Com̄only called the Earle of Arundells wall, on this Side the Crouched Fryars from thence Streight East to ye Wall of ye Citty of London wth Nine Gardens adjoyning to the Same, above & on ye North Side of ye Posterne and Soe Streight North from ye sd Posterne by the said Wall unto the Broken Tower in the sd Wall then streight East to ye Middle of Hogglane end & Soe plaine South to the Thames Side and thence directly South to ye Corner of the Stone house & Six foot Streight East wthout the Staires of ye Eastgate of ye sd Tower towards S.t Katherines
Also wee doe present that in times past there hath been away appointed wth POsts & Gates leading from the Iron gate of ye said Tower to the Fields calles S.t Katherines Fields Ratcliffe Fields or London Fields Very Nessessary for the Queene her <379r> 35 Majesty and the Inhabitants of ye said Tower: Whereas at this present writing hereof the sd way is Stopped up wth Buildings & Earth, Nevertheless Part of ye Gates doe remayne the Order whereof being referred from time to time, as may appeare by Ancient Records unto such as have been I shall be appointed to ꝑuse the Same. Wee therefore the sd Inquest doe find it often Presented & not yet amended
Also wee present that no man Shall lay any shipp Cray.er or Hoy lighter or other Vessel alongst the Tower-Wharfe & the Water gate Except it bee abought ye Queens Mats. affaires upon paine of Forfeiting for every Such Offence iijs: iiijd:
Also wee present vj Gardens & yards wth all ye Rest of ye Bancks on ye Tower ground betweene ye Watergate & Tower-Street end to belong to ye Tower
Also wee present a pale Standing on the West Side of ye Tower hill adjoyning to Tower Street End Counted by Estimacon 10 foote at ye One End & 2 foote at ye other Side Standing upon ye Pinch & liberty of ye said Tower to be pulled downe before ye feast of S.t John Baptist next upon Paine of Forfeiting of x£: to be levied of ye Goods & Chattells of ye Landlords & Tennants of ye Same
Also wee present Certaine Posts & Railes Standing upon ye Queens ground adjoyning to ye Earle of Arundells wall
Also wee present Nine Gardens lying betweene one W.m Lewis his house on ye North & the Posterne on ye South Joyning upon London wall on the East & on ye sd Tower hill on ye West all wch Gardens are <379v> Within the libertyes of ye Tower
Also wee present the Ma:r of S.t Katherines for Breaking up of ye Posterne gates in ye Evening & disquieting ye Neighbours there
Also wee present Mr. Alderman Bancks for that he holdeth a Peice of ground from ye libertijes of the said Tower lying betweene ye Broaken Tower & ye Posterne on ye East Side of Londen Wall that he should restore ye Same againe to the libertyes of ye said Tower before the feast of S.t John Baptist next coming upon paine of For feiture of x£:
Also wee present that Robert Henning shall place noe Ten̄ant wthin the Posterne, but such as shall be hereafter of good & honest behaviour upon Paine of forfeiture for Every Tennant otherwise found v:£
Also wee present Henning the Bailiffe for his kine feeding & Anoying in the Tower-ditch on the East Side of ye Posterne to be amended upon Paine of Every time Feeding iijs iiijd
Also wee present that the said Robert Hen̄ing shall neither bring his Kinge through the said Posterne nor yett Suffer them to graize or feed on the Tower hill Towards London upon paine of Forfeiture of v:£
Allsoe Wee present all ye Tawyers that wash their Skinns in ye Tower ditch for that the filth thereof is a Destruccon to the fish in the Same
<380r>36 Also wee present Certaine Posts Set up by the Inhabitants & awell inclosed wth a Paile & also alay stale hard by the said Well on the East Side of the Hill upon ye Queens ground and the said Inhabitants Knowledge in that they hold it of ye Tower
Also wee present Henning the Woodmonger for a house Standing upon ye Queens ground over against the Irongate to bee taken down upon the forfeiture of x£:
Allsoe wee present all those that Sett any Carts or make any Leystates between ye Irongate & ye East Gate upon paine of x:£
Allsoe wee present all the Tennants wthin ye Teniment adjoyning to ye Tower ditch that they cast noe dirt nor filth herein upon paine of every time soe Offending x£:
Also wee present that we Find the Staires wthout the East Gate & Six &foote from the Staires to bee ye Queens ground
Alsoe wee present ashed that Johne Deane Some time dwelled in unmeet to Stand on the Wharfe Except an Englishman dwell therin
Allsoe wee present that Noe waterman, shall land any man or woman at the Corner staires of thesaid Wharfe ator at any other place of ye Same after ye latter shutting of ye Tower gates neither shall make fast any Hulk or Hulkes upon the said Staires or Wharfe or any parts thereof upon for feit for <380v> Every time iijs iiijd
Allso wee present that Noe ꝑsons keeping Shops or sheds wthin ye Bulwarke shall lye wthin ye Same a-Nights except they be English men upon forfeiture for every time iijs iiij:£
Alsoe we present that no housholder wthin ye libertyes of ye Tower shall take away Tennants to dwelll wthin their houses, but Such as have been their owne Serv.ts or else their own friends upon paine to forfeit for Every Such Tennant for every tyme xl:s
Aalso wee doe present that it is not meet yt any Stranger borne out of this Realme should dwell wthin the Tower & the libertyes of ye Same
Also we present ye want of two ports wth a Lock and Chaine wthout the Bulwarke in ye way to London Very Needfull to bee had
Also we present that if any ꝑson or ꝑsons shall Sett any Carts or Carrs on ye Tower-hill or any place about and wthin ye Liberty of ye Tower shall pay for Every time Soe Offending xij:d
Allsoe wee present yt there shall be noe ship Crayer or Hoy nor any other Vessell at or wthin Six staires of ye East gate of ye Tower & wthin Six foote Streight East beyond the said Staires upon Paine of Forfeiture of every Vessell soe Found iijs iiijd
37 Pat: 12 E. 3. p. 3. M 5
Licent Sternendi quandam domum bretagialam juxta Turrini Rex omnibus adquos &ta. Salutem Supplicarunt nobis Major Aldermanni & Cives Civitatis nre London ut sum ipsi Nuper audito Remare alienigene hostes nostri cum 9 aleax et alias Vavium guerrinax multitudine copiosa ad Civitem predictam accedere Ordinabant ad eandem Civitatem hostiliter invadend quandam dormum Bretagiatum ad Sumplus Suos ꝑ prios in loca vocuto Petty Gales juxta Turrim nram London erigi et denovo construi at Nonnullos palos extransverso aque Thamisie ibidem figi fecerunt pro defensione dicte Civitatis et Securiori repulsione hostium predictos Velimus Licentiam eisdem consedere dictam domum ꝑsternendi deponendi & etiam amovendi una Cum Palis Predictis & Commodum Suum inde faciendi. Nos advertentes iporꝫ Majoris Aldermanos & Civium Contra hujusmodi hostilem Nequitiam actus & Gestus Strenuus ac Sumptus & Expensas quos Circa Construttonem dicte domus & alia premisa ex causa predicta et tam pro nostri quam ipsis honoris Conservatione fecerunt tam gratamter Volentes eorum Suppliatom eo prelextu favorabiliter annuere in hac parte concessimus ꝑ nobis & heredibus nostris eisdem Majori Aldermannis & Civibus q.d i{illeg}pi pace inter nos & adversarios Nros: Super guerris & is cordijs hinc inde Motis reformata et hujusmodi guerrare dispendijs & perticulis cessantibus & amotis predictum domum Breta{illeg}giatam prosternere deponere & amovere una cum palis predictis et Commodum Suum inde facere prosunt juxta iporꝫ libitum Voluntatis Sine occasione vel impedimento nostri & heredum nrorꝫ: ac aliorꝫ quorꝫcum In cujus &c.a T. Custode apud P. Windsore Secundo die Januar
Claus 11: H. 3 M 15
Rex Constabulario Turris Lond. Salutem, Mandamus vobis quod eos qui dicunt piscem venalem in Navibus us London et remanent trans pontem London Scilicet exparte Turris London distingatis ad ducendym predictum piscem Vs Hesham Rigine ibidem Vendend Sicut adjuducatum fuit ad ultima placita Corone nostro apud Turrim London T. R. apud Westm̄ visessimo die Marc.
Liberate 18 E. 2: M. 2 zꝫ 5 Liberate 19. E. 2. M. 3 zꝫ 4
Rex Thesaurar & Camerar Suis Salutem. Liberate de Thesauro Nostro dilectis Nobis in Xpo: Magistro Fratribus & Sororibus Hospitalis Sancta Katherine juxta Turrim nostram London 36:s 08d: 06 de Termino patch. proximo preterito de illus quinque marcis Sex Solid & Novem denar quos dns Edrus. quondam Rex Aug.s pater noster eis Concessit Singulis Annis ad Sanarium nrm percipiendum in recompensatorem dampin quod Sustinuerunt per Elongatoenem fossati Circa Turrim dictam T. R. apud Porsestr: 20 die Maij
Pat 8. R. 2: p: 1 M 20
l Majore &c London Rex omnibus Ballivis & Fidelibys Suis ad quos &ca Salutem Scratis quod pro eo quod diversa conventicula Congreatuones, cōvine Turbatoes & Insurreccones folomie & proditorie contra Statum nostrum at pacem & Coronam Nostram regiam at Nicum. Brember Majorem & Gubernatores Civitateis nostro London <382r> 38 & Contra Gubernatoem ejusdem Jam Noviter facta Fuerunt & Perpetrata in Eadem Civitate ꝑ Johem Northampton Draper Nuꝑ Majorem dicte Civitatis Johem More Mercer Ricum Norbury Mercer & alios unde ijdem Johnes Johnes & Ricus indicati et alijs vijs accusati pluribus Malefactis Suis hujusmodi Coram Nobis & Consilio Nostro in presentia Nra ꝑipsos Cognitis Super hujus modi felonijs & proditonibus coram dilectis & fidelibus nostris Johne de Monte Acuto Senest Hospitij Nri & Socijs Suis Justiciar Nostris ad Prisonam Turris Nre London de eisdē Johne Johne & Rico in ea existentibus deliberand Assignatis Seperatim post modum allocuti & inde per Cognitones Suas proprias conoicti quod distraherentur & Suspenderentur adjudicati Fuissent, Executionibus Judiciorum in hac parte redditorꝫ, quo ad v{illeg}itam ipsorꝫ Johis Johis. & Rici in respectu, de gratia nra ad Voluntatem Nostram adhuc remanentibus pro ut ꝑ Recordim & prosesau Coram prefactis Justicyarijs Nostris inde habita plenicus poterit apparere. Nos igitur pro pace & tranquillitate Civitatis nre predicte volumus & Consedimus pro Nobis & heredibus Nostris ligeis Nostris Majori & Com̄unitati Civitatis nostre predicte & eorꝫ Successioribus quod si contingat nos imposterum cum eisdem Johne Johne & Rico vel eos aliquo de vila Sua agere gratoiose quod Nihilomimus ijdem Johes Johes & Ricus ad diversas prisonas in diversis Com̄. ꝑ Centum leusas a dicta Civitate distantes Mittantur ibidem Seperatim ꝑ decem Annio & nos Contingat eisem Johni Johni <382v> Prox Sequentes abs alia deliberatone de eis vel eorꝫ aliquo interim Consedend moralur, itoo quod Elapsis dictis decem annis et nos Contingat eisdem Johni Johni & Rico vel eos alicui de vita Sua gratiam facere Specialem ijdem Johes Johes. & Ricus ab hujusmodi prisonis quos Sufficientem Securitatem Invenerint quod ꝑ ipsos vel eos aliquem aut aliquem de Covina Sua vel ꝑ procuratonem Suam malum vel prejudicium Civite nostre predicte Seu alicui ligeos nostros ejusdem non Eveniet quovismodo, ad requisitonem cujuscum nullatenis deliverantur. Volumus etiam et Consetudinus eisdem ligeis nostris Majori & Coitati & eis Successioribus quod si Contingat ipsos Johnem Johnem. & Ricum vel eos aliquem hujusmodi deliberatonem assequi in hac parte eisdem Johni Johni & Rico et eos cuilibet ex parte Nostra inhibiatur ne ipsi ex tunc Civitatem nostram predictum ex aliqua parte infra regnum Nostrum Angl. ꝑ Centum Leusas contingant vel eos aliquis attingat Sub pena amissionis vite Sice. Ita quod ipsos vel eos aliquem post hujusmodi deliberatonem assetcutā infra bundas Centum leucas predictas inveniri beneliceat Cuicum persone tam dicte Civitatis quum Suburbios & Libertatem ejusdem et aliis quibuscum de quolibet eos Johis Johis. & Rici infra dictas bundas Sic invento facere tanquam de Inimico nostro et ut de illo quem tenemus et volumus quod Sit et Erit extra protecconem nostram infra Centum leucas Supradictas abs Impetitone molestatone Sive Gravamine propter hoc vel ex <383r> 39 Causa ꝑ nos vel GHeredes nostros aut Justic nostros vel Heredum Nostros vel alium quemcumqꝫ ex parte nostra in futurum. Et in Super Volumus & Consedimus quod si aliquis dicte Civitatis per ipsum vel ꝑsonam Mediam Sectum faciat aliqualiter vel manutenentiam pro eisdem Johne Johne & Rico vel aliquo eos in Contrariaum has literas et inde devile Convintatur imprisonetur & ad Nostram Voluntatem redimatur & bona & Cattalla Sua ad opus Nostrum foris faciat, Et pro Majori confortatone habendi bonam & Sanam Gubernatoem in Civitate nostra predicta de avisamento Sapientum ejusdem et ꝑ Castigatom & punitone omnium alios riotos hujusmodi conventicula Congregatones Covinas vel insurrectiones impostern facientium Volumus & Contedimus pro nobis & Heredibus Nris dictis ligeis Nris Majori & Comunitati et eos Successoribus quod presentes literæ nre Patentes in Omnibus remanebunt affectuales abs revocatione vel aliquali ad nullatone. Incujus &c.a Teste Rege apud Castrū Suum Windesore 26 die Sept ꝑ lram ipius Regis de Signeto
The Verdict of his Mats. late Jury for ye Royall Tower of London & ye libertyes there of Sworne before ye Honble Sr. John Robinson Kn.t & Barron:t Leiuten.t of ye said Tower & Sr. Tho: Stringer Kn.t Steward of Ma:tijs Court there ye 26 of November in ye 29 yeare of ye Reigne of our Soveraigne Lord King Charles ye Second over England &c.a by us Daniell Colwall Foreman. Nathaniell Montney Mathew Humberton W.m Fisher. George Whateley Rob.t Burgoijne. Tho: Dawson. John Slaughter. Charle Gringand. Henry Hardy. W.m Kuijpes, Fra Burgess, Henry Crane. W.m Bull & John Cliffe as Followeth
Presentmts
Imprimis Wee present that it hath been used & accustomed time out of mind that Every ꝑson resident & dweling wthin ye Precinct & liberty of ye Tower of London at their first Entrance & dwelling wthin the said liberty ought to take his Oath & bee Sworne before his Mats. Steward of his Said Court to bee at all times upon Nessessary Occasions Aiding & Assisting to his Mats. high Constable & Leiuten.t of ye Tower for ye time being for the Safe Preservaton of ye said Tower and thereupon their Names to be Entred & Registred by the Steward of ye Tower aforesaid & afterwards they are to bee deemed & accounted Freemen of ye Tower and in respect thereof & of their Service & attendance they are freed & Exempted from all Service at the Assizes & Sessions wthin ye County of Middx & also freed & Exempted & Freed {sic} from the paym.t of Tithes for any of their houses & habitatons wthin the sd Precinct & liberty of the Tower
<384r>Item wee present ye Bounds Franchises & Libertijes of ye sd Tower ye wch upon a Vieco or Survey thereof wee find to be & extend as Followeth vizt that ye Same doth beginn in ye West & South part thereof by the Thames Side at ye Waterfate comonly called Pikes Corner, where Thomas Clee Brewer desed lately dwelt & now is in the Occupaton of Robert Richardson Wharfinger of Brewhouse Key and from thence goeth Streight along by Petty Wales London up to the Corner at the East End of Tower Street of ye New Brick buildings, lately erected by Mr Good desed & set out from ye Foundaton by the Hon.ble Sr. John Robinsons Sr. Jonaes Moore Survey.er of his M.ats Ordinance & by M.r Hooke Surveyer of ye Citty of London & from thence Northward to ye Citty of London brick wall, where now Stands Erected two new Brick houses the one in ye Tenure & Occupaton of ye wido Kinsley the other inhabited at Present by Sr. Denny Ashburnham, heretofore Called Pikes Garden & Since Called ye Lord Lumleys Garden & now in ye Tenure or Occupaton of ye Lord Lumley Savage desed his heires or Assignes, or Edward Barkwell of London Goldsmith or his Assignes & is now Called Savage Garden on ye Southside of Crouched Fryars & from thence to the Northside of an house wherein Thomas Godsall now dwelleth & from thence thirty two foot due North along by the End of ye Garden now Converted into Warehouses in the Tenure or Occupaton of one Marc Mortymer & from thence Streight to ye Wall of ye Citty of Londen (being ye Furthest bounds of ye liberty of ye Tower Northwards) & from thence South to the ye Posterne Gate all along by Certaine Gardens (wch formerly were nine in Number) but now otherwise Converted & divied & from wthout the Posterne gate Northwards close under the Posterne up to ye Place wgere ye Broaken Tower was on ye Street Side turning up towards ye Memories by the Smiths forge unto a Tavern <384v> There lately a Victualling house called the Starr right ag.t ye sd Broaken Tower & from thence Eastward to ye end of Hogg lane als Rosemary Lane & from thence Southward all along ye Tower ditch unto the Thames Side Six foot east from the Staires at ye East Gate of Tower wharfe towards S.t Katherines
Item we present ye Lord Major & Court of Aldermen of ye Citty of London for a Perillous & dangerous Breach in the Comon shoare of ye sd Citty wch for divers yeares past was Broaken up & now lyeth open neare ye Posterne wthin his Mats. liberty of ye Tower of London to ye great danger & Perill of his Mats. Subjects & whereby divers have lately been hurt, for wch our Predecessors of his Mats. Leete Jury by their presentn.t bearing date ye 19 of October in ye 27 yeare of ye Reigne Reigne {sic} then did amerse them 5£-10s-0d for every default weekly untill the sd breach should be repaired & amended, for ye use of our sd Soveringe Lord ye King & for as the sd Breach still lyeth Open unamended or Repaired & is much more Enlarged then Ever & become almost Impassable (espetically in ye Night Season) for all Passengers that way Wee doe therefore answer them Six pounds & twenty shillings for Every Weeke from henceforth (for ye use of his sd Maty) untill the Same shall be Sufficiently repaired & Amended
Item wee present ye Ma:r of ye Brotherhood & sisterhood of S.t Katherines Hospital & ye Scavenger and overSeers of ye high wayes for ye great Encroachm.t lately made by the Inhabitants of ye liberty of s.t Katherines aforesd dwelling on ye East Side of ye Tower ditch, upon his Mats. wast ground on ye side of ye said ditch who have made an Inroade thereupon whereby all drayes <385r> 40 Carts horses &c forsaking ye Comon high way doe now make their Passage into ye Minories & have likewise raised a great dunghill thereon & Turned ye Comon shoar wch should pass into the Thames Soe that it now venteth all its filth & draining into his Mats. Moate there & in time is likely to Choake up the sd Moate or ditches to ye great danger & Inconvenience of ye Tower. & that ye Inhabitants there about now make ye sd ground their Leystall. for all wch Annoyances Neusances & Incroachm.ts wee doe amerse them ten pounds & twenty shillings Monthly untill ye Same be reformed repaired & amended
Item wee present the Officers wthin this liberty for the two yeares now last past & Expired John Jackman & Hugh Bailly Overseers for the Poore Thomas Hoggsflesh Constable Eleazer Wiggon Head borough Henry Crispe Scvanger, John Ashton & W.m Wall Alecuners
Item wee present that there is & hath been time out of mind one Chest belonging to ye Court Leete (bound about wth Plates of Iron) wherein is or Should be kept all the Presentm.ts of his Mats. Leete Jury for ye time being for the liberty aforesd. Books Bonds & other writings & acco.ts from ye Overseers of ye Poore from Yeare to Yeare. Statute Bookes one Booke of acco.ts one Money box wth a Lock & key belonging to ye Same And to the Chest aforesd beling three locks & keys one whereof is to be kept by the foreman & the other two by two others of ye Courts Leete, whom they shall think fitt to appoint for their Theors & <385v> Soe to be delivered up Succesively from one Leete to Another, Also in ye Chest aforesd one New Booke of Orders bought at ye Charge of this Leete, one pair of Brass Scales & Weights, apile of Weights one wooden Measure & a Pewter Standish
And lastly for Confirmaton of these o.er presentm:ts aforesd. wee the sd Jurates first above named have hereunto Put o.er hands & Seales this 22.th day of Octob 1679 & in ye one & thirtieth yeare of ye Raigne of our Soveraigne Lord King Charles the Second over Engld Ha:
Source
MINT 19/3/344-85, National Archives, Kew, Richmond, Surrey, UKc. June-July 1697, c. 21,798 words.