TOWER of London. The Liberties. 67

TOWER of London. The Liberties.

II. Touching the Soil of the Tower Hill, both within and without the Postern.

The Soil of Tower Hill.

That it was proved in the Cities behalf from time to time. They have amended the Way on the Hill within the Postern, and erected and amended the Scaffold, Gallows, and the Gibbets there. And when some other Persons, Anno 8. Ed. 4. erected Gallows there, the King by his Proclamation disclaimed in it, and commanded it should not be taken in derogation of the Franchises, Liberties, and Privileges of the City. That it was not until the 6. Ed. 4. they did lease Gardens here and received Rents for the same. That in that Year of K. Edward IV. they granted the Queen certain Grounds at Tower Hill near the Postern, to build a Chapel upon; and from thence the Rents of the City's Gardens ceased; and the Queen's Majesty holdeth the Grounds to this Day.

That Presentments have been made before the Coroner of London, touching the Death of Men on Tower Hill, and in the Tower Ditch, naming each Place in some Parish in London.

That the Parishioners of Barkin in the Tower Ward, London, had used in their Perambulation to compass Tower Hill within the Postern.

That the Sheriffs of London have usually received Prisoners out of the Tower, at a Stone near Outergate or Bulwark. At which Place the Liberties of the City reached; but by Order of some of the Lieutenants of the Tower that Stone was taken away.

That touching the Tower Hill without the Postern, it appeared in 19. Ed. 2. that the City was at charge to make a Ditch there at the Postern. That in the 13. R. 2. the Maior, Commonalty, and Citizens, sold to the Abbot of Graces, (which is at the furthest Part of the said Tower Hill toward the East) two waste Pieces of Ground, lying on Tower Hill on the West Part of the Abby. That divers ancient Presentments had been made within London, of Encroachments commited in that Place, in 21. H. 7. and in 21, and 22. H. 8. That the Watering Place at the End of the Tower Ditch next to the Postern was defective for want of Rails; and that the Reparation belonged to the Chamber of London. It appeared by ancient Accounts, that the Tower Ditch, without the Postern, and certain Vaults and Sewers near the Postern, were cleansed at the Charge of the City. And that at this Day, * and Time out of Mind, the City held and Leased out divers Gardens lying upon the Postern, where Houses were then lately built.

Where the Victualling Office now stands.

*When this Controversy was in Hand, which was in Q. Elizabeth's Reign.

III. Touching the Watergate. In 3. Ed. 4. it was by Act of Common Council appointed, to be one of the Places where Rush Boats should be brought for Sale of Rushes.

The same Watergate, and the Places near joining to it, had from time to time been paved at the Charge of the City.

Now to understand the Pleas on both Sides, here shall follow


The Lieutenant of the Tower, his Answer to the Cities Breviate.

 

That the City by their first Article challenged a Postern situate, as in their own Records is specified, sometimes juxta, sometimes prope, sometime apud Turrim. Which proveth, that the Precinct of the Tower Liberty should extend to the Postern; but assigned no certain Place where the said Postern was seated.

That the Second and Third Articles made nothing to their Title. For that they made no direct Proof where that Postern stood, other than the Postern described in their ancient Map; which is most probable to be the Postern, whereunto they did make their Challenge.

Their Presentments in Wardmote can give them no Title to the Queens Soyl.

It is not confessed, that the City had a Postern near the Postern now in Question: And it is absolutely denyed, that any Postern should be a common Passage; but in the right Nature ought to be as a small Sally only, to view the outward Part of the Wall and the Ditch; or for some privy way of Passage along the Ditch in time of Danger.

To all their Allegations it is replyed, that their Proofs, being only out of their own Manuscripts and Memorials, are not of Force sufficient to disinherit any Subject of his just Possession and Title, much less her Majesty.

As for the Mark Stone, where the Sheriff used to receive the Prisoner, thus it is answered; The Stone where they would infer to be the City Boundary, was no Bound Stone but a Loose Stone. And the Boundaries of London had always the City Arms, or other Mark set on them, which this had not, neither could have, being so small.

The Markstone.

Their Fee'd Chronicler, Mr. Stow, in setting out the Boundaries of the Liberty of Cree Church within Aldgate, lately sold by the Lord Thomas Howard to the City, doth abuttal it thus, viz. From Aldgate unto the Gate of the Bailiffs of the Tower, called Congate, and all the Lane called Chick Lane, &c. by this appeareth, that the Tower had a Postern and a Gate next unto East Smithfield. Which can be no other but the Tower Postern, now in her Majesties Possession.

In the 9. Ed. 2. the Maior of London, John Gisors, and Citizens, submit themselves to the King's Pleasure, for breaking down the King's Mudwall, over against the outward Part of the King's Tower. And in the 10th Year of the said King they paid a Fine of a Thousand Marks for the Offence, and repaired the Wall.

The King's Mudwall by the Tower.

Vid. Lib. A. Fol. 15.b.

For Herbage of the Place without the Tower, there was answered unto the King upon an Account in the 16. Ed. 2. for one Year, 3s. 6d. And in 29. Ed. 2. Pro Herbagio unius placee extra Posternam veterem, v. Sol. i.e. For Herbage of a Place without the old Postern, Five Shillings.

Herbage without the Tower.

De siccatione pellium in Eastsmithfield, nichil hoc anno, de eo quod propter perturbationem hominum Civitatis commmotam, nichil inde levari potuerit, i.e. Concerning drying Pells in Eastsmithfield nothing this Year; for nothing could be levied thence by reason of a Disturbance raised by the Citizens.

East Smithfield.

Anno 20. Ed. 2. usque ad annum primum. Ed. 3. xi. li. De Herbagio placee extra Posternam, seu de pellibus siccandis super placeas in Estsmithfield extra portam ejusdem turris, non respond. temp. predict.

Anno 2. Ed. 3. xil.

The Free Chapel of S. Mary Graces is abuttailed by Record to lie next the Tower of London, 25. Ed. 3. 36. Hen. 3.

S. Mary Graces.

The King granted to the Abbot of S. Mary Graces juxta Turrim, all his Tenements in the Parish of S. Buttolphs without Aldgate, between the Place called The Tower Hill and East Smithfield on the North Part, and a green Place of the King's Land there on the South Part. 36. Ed. 3.

The King granted to the Master, Brothers, and Chaplain, and Sisters, of St. Katharines, that they for ever should have one Fair upon Tower Hill over against the Abby of Graces, upon the King's Ground, in all Places thereof, 20. Hen. 6.

Fair on Tower Hill.

It was presented by the Inquest, sworn before Sir Anthony Kyngeston, Knt. High Constable of the Tower, that the King's Ground, and Liberty of the Tower, did begin at the Watergate next the Ramshead in Petty Wales; and so stretched North unto a Mudwall called Pykes Garden, now being Rafe Johnsons, on this Side the Crutched Friars;

Bounds of the Tower Liberty, taken by Inquest, 27. H. VIII.

and