Chapter 6
In this court all leases and instruments that pass under the City Seal are executed; the assize of bread is settled by them; all differences relating to water-courses, lights, and party-walls, are determined, and officers are suspended or punished; and the aldermen, or a majority of them, have a negative in whatever is propounded in the Common Council.
2. The Court of Hustings is esteemed the most ancient tribunal in the City, and was established for the preservation of the laws, franchises, and customs of it. It is held at Guildhall before the Lord Mayor and Sheriffs, and in civil causes the Recorder sits as judge. Here deeds are enrolled, recoveries passed, writs of right, waste, partition, dower, and replevins determined.
3. The Lord Mayor’s Court, a court of record, held in the chamber of Guildhall every Tuesday, where the Recorder also sits as judge, and the Lord Mayor and Aldermen may sit with him if they see fit. Actions of debt, trespass, arising within the City and liberties, of any value, may be tried in this court, and an action may be removed hither from the Sheriff’s Court before the jury is sworn.
The juries for trying causes in this and the Sheriff’s Courts, are returned by the several wards at their wardmote inquests at Christmas, when each ward appoints the persons to serve on juries for every month in the year ensuing.
This court is also a court of equity, and gives relief where judgment is obtained in the Sheriff’s Court for more than the just debt.
4. The Sheriff’s Courts are also courts of record, where may be tried actions of debt, trespass, covenant, &c. They are held on Wednesdays and Fridays for actions entered in Wood Street Compter, and every Thursday and Saturday for actions entered in the Poultry Compter. Here the testimony of an absent witness in writing is allowed to be good evidence.
5. The Chamberlain’s Court or office is held at the chamber in Guildhall. He receives and pays the City cash and orphans’ money, and keeps the securities taken by the Court of Aldermen for the same, and annually accounts to the auditors appointed for that purpose. He attends every morning at Guildhall, to enroll or turn over apprentices, or to make them free; and hears and determines differences between masters and their apprentices.
6. The Court of City Orphans is held by the Lord Mayor and Aldermen as often as occasion requires; the Common Sergeant being entrusted by them to take all inventories and accounts of freeman’s estates, and the youngest attorney in the Mayor’s Court is clerk of the orphans, and appointed to take security for their portions; for when any freeman dies, leaving children under the age of twenty-one years, the clerks of the respective parishes give in their names to the common crier, who thereupon summons the widow or executor to appear before the Court of Aldermen, to bring in an inventory, and give security for the testator’s estate, for which they commonly allow two months’ time, and in case of non-appearance, or refusal of security, the Lord Mayor may commit the executor to Newgate.
7. The Court of Conscience was established for recovering small debts under forty shillings at an easy expense, the creditor’s oath of the debt being sufficient without further testimony to ascertain the debt. This court sits at the hustings in Guildhall every Wednesday and Saturday, where the Common Council of each ward are judges in their turns. They proceed first by summons, which costs but sixpence, and if the defendant appears there is no further charge; the debt is ordered to be paid at such times and in such proportion as the court in their consciences think the debtor able to discharge it; but if the defendant neglect to appear, or obey the order of the court, an attachment or execution follows with as much expedition and as small an expense as can be supposed. All persons within the freedom of the City, whether freemen or not, may prosecute and be prosecuted in this court, and freemen may be summoned who live out of the liberty.
8. The courts of wardmote are held by the aldermen of each ward, for choosing ward-officers, and settling the affairs of the ward, the Lord Mayor annually issuing his precept to the aldermen to hold his wardmote on St. Thomas’s Day for the election of common councilmen and other officers; they also present such offences and nuisances at certain times to the Lord Mayor and common councilmen as require redress.
9. Small offences are punished by the justices in or out of sessions, by whom the offender is sentenced to be whipped, imprisoned, or kept to hard labour; but for the trial of capital offences, a commission of Oyer and Terminer and jail delivery issues eight times every year, _i.e._, before and after every term, directed to the Lord Mayor, Recorder, some of the twelve judges, and others whom the Crown is pleased to assign. These commissioners sit at Justice Hall in the Old Bailey, and bills of indictment having been found by the grand juries of London or Middlesex, containing the prisoner’s accusation, a petty jury, consisting of twelve substantial citizens is empanelled for the trial of each of them; for, as to the grand jury, they only consider whether there is such a probability of the prisoner’s guilt as to put him upon making his defence, and this is determined by a majority of the grand jury: but the petty jury, who pass upon the prisoner’s life and death, must all agree in their verdict, or he cannot be convicted. But though the petty jury judge of the fact, _i.e._, what the crime is, or whether it was committed by the prisoner or not, the commissioners or judges declare what are the punishments appropriated to the several species of crimes, and pronounce judgment accordingly on the offender. In high treason they sentence the criminal to be drawn upon a hurdle to the place of execution, there to be hanged and quartered. In murder, robbery, and other felonies, which are excluded the benefit of the clergy, the criminal is sentenced to be hanged till he is dead. And for crimes within the benefit of the clergy, the offender is burnt in the hand or transported, at the discretion of the court. And for petty larceny, _i.e._, where the offender is found guilty of theft under the value of twelve pence, he is sentenced to be whipped. But a report being made to His Majesty by the Recorder, of the circumstances with which the several capital offences were attended, and what may be urged either in aggravation or mitigation of them, the respective criminals are either pardoned or executed according to His Majesty’s pleasure. But I should have remembered, that the sentence against a woman, either for high or petty treason, is to be burnt alive. I shall now give some account of the election of the Lord Mayor, Sheriffs, &c., who are chosen by a majority of the liverymen.
The Lord Mayor is elected on Michaelmas Day (from among the aldermen, by the liverymen of the City, who return two aldermen that have served sheriffs to the Court of Aldermen for their acceptance, who generally declare the first upon the liverymen’s roll to be Lord-Mayor) sworn at Guildhall on Simon and Jude, and before the barons of the Exchequer at Westminster the day following.
The Lord Mayor appears abroad in very great state at all times, being clothed in scarlet robes, or purple richly furred, according to the season of the year, with a hood of black velvet, and a golden chain or collar of S.S. about his neck, and a rich jewel pendant thereon, his officers walking before and on both sides, his train held up, and the City sword and mace borne before him. He keeps open house during his mayoralty, and the sword-bearer is allowed £1,000 for his table. The Lord Mayor usually goes to St. Paul’s, attended by the aldermen in their gowns, and his officers, every Sunday morning; but especially the first Sunday in term-time, where he meets the twelve judges and invites them to dinner after divine service is ended.
The sheriffs are chosen into their office on Midsummer day annually by the liverymen also; to which end the Lord Mayor, aldermen, and sheriffs meet in the council-chamber at Guildhall, about eight in the morning, and coming down afterwards into the Court of Hustings, the recorder declares to the livery men assembled in the hall that this is the day prescribed for the election of these magistrates for the year ensuing: then the Court of Aldermen go up to the Lord Mayor’s Court till the sheriffs are chosen; the old sheriffs, the chamberlain, common serjeant, town clerk, and other City officers remaining in the Court of Hustings, to attend the election. After the sheriffs are chosen, the commons proceed to elect a chamberlain, bridge-masters, auditors of the city and bridge-house accounts, and the surveyors of beer and ale, according to custom. The old sheriffs are judges of these elections, and declare by the common serjeant who are duly chosen. The sheriffs thus elected take the usual oaths in this court on Michaelmas eve, and the day after Michaelmas day are presented to the Barons of the Exchequer, where they take the oath of office, the oaths of allegiance, &c. The chamberlains and bridge-masters are sworn in the court of aldermen.
Where a Lord Mayor elect refuses to serve, he is liable to be fined; and if a person chosen sheriff refuses to serve, he is fined £413 6s. 8d., unless he makes oath he is not worth £10,000.
When the alderman of any ward dies, another is within a few days elected in his room, at a wardmote held for that purpose, at which the Lord Mayor usually presides. Every alderman has his deputy, who supplies his place in his absence. These deputies are always taken from among the Common Council. The aldermen above the chair, and the three eldest aldermen beneath it, are justices of peace in the City by the charter.
The Lord-Mayor’s jurisdiction in some cases extends a great way beyond the City, upon the river Thames eastward as far as the conflux of the two rivers Thames and Medway, and up the river Lea as far as Temple Mills, being about three miles; and westward as far as Colney Ditch above Staine Bridge: he names a deputy called the water-bailiff, whose business is to prevent any encroachments, nuisances, and frauds used by fishermen or others, destructive to the fishery, or hurtful to the navigation of the said waters; and yearly keeps courts for the conservation of the river in the counties it borders upon within the said limits.
The sheriffs also are sheriffs of the county of Middlesex as well as of London. And here I shall take an opportunity to observe, that the number of aldermen are twenty-six; the number of Common-Council men two hundred and thirty-four; the number of companies eighty-four; and the number of citizens on the livery, who have a voice in their elections, are computed to be between seven and eight thousand. The twelve principal companies are:—1. The Mercers; 2. Grocers; 3. Drapers; 4. Fishmongers; 5. Goldsmiths; 6. Skinners; 7. Merchant-Tailors; 8. Haberdashers; 9. Salters; 10. Ironmongers; 11. Vintners; 12. Clothworkers. The others:—are 13. The Dyers; 14. Brewers; 15. Leather-Sellers; 16. Pewterers; 17. Barber-Surgeons; 18. Cutlers; 19. Bakers; 20. Wax-Chandlers; 21. Tallow-Chandlers; 22. Armourers; 23. Girdlers; 24. Butchers; 25. Saddlers; 26. Carpenters; 27. Cord-wainers; 28. Painter-stainers; 29. Curriers; 30. Masons; 31. Plumbers; 32. Innholders; 33. Founders; 34. Poulterers; 35. Cooks; 36. Coopers; 37. Tilers and Bricklayers; 38. Bowyers; 39. Fletchers; 40. Blacksmiths; 41. Joiners; 42. Weavers; 43. Woolmen; 44. Scriveners; 45. Fruiterers; 46. Plasterers; 47. Stationers; 48. Embroiderers; 49. Upholders; 50. Musicians; 51. Turners; 52. *Basket-makers; 53. Glaziers; 54. *Horners; 55. Farriers; 56. *Paviours; 57. Lorimers; 58. Apothecaries; 59. Shipwrights; 60. *Spectacle-makers; 61. *Clock-makers; 62. *Glovers; 63. *Comb-makers; 64. *Felt-makers; 65. Frame-work Knitters; 66. *Silk throwers; 67. Carmen; 68. *Pin-makers; 69. Needle-makers; 70. Gardeners; 71. Soap-makers; 72. Tin-plate Workers; 73. Wheelwrights; 74. Distillers; 75. Hatband-makers; 76. Patten-makers; 77. Glasssellers; 78. Tobacco-pipe makers; 79. Coach and Coach-harness makers; 80. Gun-makers; 81. Gold and Silver Wire-Drawers; 82. Long Bow-string makers; 83. Card-makers; 84. Fan-makers.
The companies marked with an * before them have no liverymen, and all the freemen of the rest are not upon the livery, that is, entitled to wear the gowns belonging to the respective companies, and vote in elections, but a select number of freemen only. Every company is a distinct corporation, being incorporated by grants from the crown, or acts of parliament, and having certain rules, liberties, and privileges, for the better support and government of their several trades and mysteries: many of them are endowed with lands to a great value, and have their masters, wardens, assistants, clerks, and other officers, to direct and regulate their affairs, and to restrain and punish abuses incident to their several trades; and when any disputes arise concerning the due execution of these charters, the Lord Mayor has a supreme power to determine the case and to punish the offenders.
The military government of the City of London is lodged in the lieutenancy, consisting of the Lord Mayor, aldermen, and other principal citizens, who receive their authority from his majesty’s commission, which he revokes and alters as often as he sees fit. These have under their command six regiments of foot, viz.:—1, The White; 2, the Orange; 3, the Yellow; 4, the Blue; 5, the Green; and 6, the Red Regiment—in every one of which are eight companies, consisting of one hundred and fifty men each; in all, seven thousand two hundred men: besides which there is a kind of independent company, called the artillery company, consisting of seven or eight hundred volunteers, whose skill in military discipline is much admired by their fellow-citizens. These exercise frequently in the artillery ground, engage in mock fights and sieges, and storm the dunghills with great address.
The Tower Hamlets, it has been observed already, are commanded by the lieutenant of the Tower, and consist of two regiments of foot, eight hundred each: so that the whole militia of London, exclusive of Westminster and Southwark, amount to near ten thousand men.
London, like other cities of the kingdom, is, or ought to be, governed by its bishop in spirituals, though his authority is very little regarded at present. The justices of peace at their sessions may empower any man to preach and administer the sacraments, let his occupation or qualifications be never so mean; nor do they ever refuse it to a person who is able to raise the small sum of — pence being less a great deal than is paid for licensing a common alehouse. A clergyman indeed cannot be entitled to a benefice without being, in some measure, subject to his diocesan; but he may throw off his gown, and assemble a congregation that shall be much more beneficial to him, and propagate what doctrines he sees fit (as is evident in the case of orator Henley): but to proceed.
The diocese of London is in the province of Canterbury, and comprehends the counties of Middlesex and Essex, and part of Hertfordshire; the British plantations in America are also subject to this bishop. To the cathedral of St. Paul belongs a dean, three residentiaries, a treasurer, chancellor, precentor, and thirty prebendaries. The Bishop of London takes place next to the Archbishops of Canterbury and York, but his revenues are not equal to those of Durham or Winchester. The deanery of St. Paul’s is said to be worth a thousand pounds per annum, and each of the residentiaries about three hundred pounds per annum.
The parishes within the walls of London are ninety-seven; but several of them having been united since the Fire, there are at present but sixty-two parish churches, and consequently the same number of parish priests: the revenues of these gentlemen are seldom less than £100 per annum, and none more than £200 per annum. They appear to be most of them about £150 per annum, besides their several parsonage houses and surplice fees; and most of them have lectureships in town, or livings in the country, or some other spiritual preferment of equal value.
The city of Westminster, the western part of the town, comes next under consideration which received its name from the abbey or minster situated to the westward of London. This city, if we comprehend the district or liberties belonging to it, lies along the banks of the Thames in the form of a bow or crescent, extending from Temple Bar in the east to Millbank in the south-west; the inside of this bow being about a mile and a half in length, and the outside two miles and a half at least; the breadth, one place with another, from the Thames to the fields on the north-west side of the town, about a mile; and I am apt to think a square of two miles in length and one in breadth would contain all the buildings within the liberty of Westminster. That part of the town which is properly called the city of Westminster contains no more than St. Margaret’s and St. John’s parishes, which form a triangle, one side whereof extends from Whitehall to Peterborough House on Millbank; another side reaches from Peterborough House to Stafford House, or Tart Hall, at the west end of the park; and the third side extends from Stafford house to Whitehall; the circumference of the whole being about two miles. This spot of ground, it is said, was anciently an island, a branch of the Thames running through the park from west to east, and falling into the main river again about Whitehall, which island was originally called Thorney Island, from the woods and bushes that covered it; the abbey or minster also was at first called Thorney Abbey or minster, from the island on which it stood.
St. James’s Park is something more than a mile in circumference, and the form pretty near oval; about the middle of it runs a canal 2,800 feet in length and 100 in breadth, and near it are several other waters, which form an island that has good cover for the breeding and harbouring wild ducks and other water-fowl; on the island also is a pretty house and garden, scarce visible to the company in the park. On the north side are several fine walks of elms and limes half a mile in length, of which the Mall is one. The palace of St. James’s, Marlborough House, and the fine buildings in the street called Pall Mall, adorn this side of the park. At the east end is a view of the Admiralty, a magnificent edifice, lately built with brick and stone; the Horse Guards, the Banqueting House, the most elegant fabric in the kingdom, with the Treasury and the fine buildings about the Cockpit; and between these and the end of the grand canal is a spacious parade, where the horse and foot guards rendezvous every morning before they mount their respective guards.
On the south side of the park run shady walks of trees from east to west, parallel almost to the canal, and walks on the north; adjoining to which are the sumptuous houses in Queen Street, Queen Square, &c., inhabited by people of quality: and the west end of the park is adorned with the Duke of Buckingham’s beautiful seat. But what renders St. James’s Park one of the most delightful scenes in Nature is the variety of living objects which is met with here; for besides the deer and wild fowl, common to other parks, besides the water, fine walks, and the elegant buildings that surround it, hither the politest part of the British nation of both sexes frequently resort in the spring to take the benefit of the evening air, and enjoy the most agreeable conversation imaginable; and those who have a taste for martial music, and the shining equipage of the soldiery, will find their eyes and ears agreeably entertained by the horse and foot guards every morning.
The Sanctuary, or the abbey-yard, is a large open square, between King Street and the Gate-house, north-west of the abbey, and was called the Sanctuary, because any person who came within these limits was entitled to the privilege of sanctuary—that is, he was not liable to be apprehended by any officers of justice.
This privilege, it is said, was first granted to the abbey by Sebert, king of the East Saxons, increased by King Edgar, and confirmed by Edward the Confessor, by the following charter:—
“Edward, by the grace of God, king of Englishmen; I make it to be known to all generations of the world after me, that, by special commandment of our holy father Pope Leo, I have renewed and honoured the holy church of the blessed apostle St. Peter of Westminster; and I order and establish for ever, that what person, of what condition or estate soever he be, from whencesoever he come, or for what offence or cause it be, either for his refuge in the said holy place, he is assured of his life, liberty, and limbs: and over this, I forbid, under pain of everlasting damnation, that no minister of mine, or any of my successors, intermeddle with any of the goods, lands, and possessions of the said persons taking the said sanctuary: for I have taken their goods and livelode into my special protection. And therefore I grant to every, each of them, in as much as my terrestrial power may suffice, all manner of freedom of joyous liberty. And whosoever presumes, or doth contrary to this my grant, I will he lose his name, worship, dignity, and power; and that with the great traitor Judas that betrayed our Saviour, he be in the everlasting fire of hell. And I will and ordain, that this my grant endure as long as there remaineth in England either love or dread of Christian name.”
This privilege of sanctuary, as far as it related to traitors, murderers, and felons, was in a great measure abolished by a statute of the 32nd Henry VIII.: and in the beginning of the reign of Queen Elizabeth, every debtor who fled to sanctuary, to shelter himself from his creditors, was obliged to take an oath of the following tenor, viz.:—That he did not claim the privilege of sanctuary to defraud any one of his goods, debts, or money, but only for the security of his person until he should be able to pay his creditors.
That he would give in a true particular of his debts and credits.
That he would endeavour to pay his debts as soon as possible.
That he would be present at the abbey at morning and evening prayer.
That he would demean himself honestly and quietly, avoid suspected houses, unlawful games, banqueting, and riotous company.
That he would wear no weapon, or be out of his lodging before sunrise or after sunset, nor depart out of the precinct of the sanctuary without the leave of the dean, or archdeacon in his absence.
That he would be obedient to the dean and the officers of the house.
And lastly, that if he should break his oath in any particular, he should not claim the privilege of sanctuary.
And if any creditor could make it appear that he had any money, goods, or chattels that were not contained in the particular given in to the dean and the church, the sanctuary man was to be imprisoned till he came to an agreement with his creditors.
The Abbey-Church of St. Peter at Westminster appears to be very ancient, though far from being so ancient as is vulgarly reported.