out the same Place by Parcels unto divers Men, without Leave or
Licence had therefore, either from the Kings, his Grandfather,
Father, or himself; and that the said Place was then builded upon,
and rented out for 40s. a Year, and that himself had given out
Commissions to enquire upon the Reasons, Manner, Right, and
Value of every thing, &c. And that the said John Hamond making
Enquiry hereupon, made Return of all into the Chancery, &c.
East Smithfield builded upon.
They affirm moreover, that all the Lands and Tenements upon the
foresaid Right Hand of the Way by Duddings Pond, and about the
the said Places of East Smithfield, Tower Hill, and Romeland,
circularly situated, were and have been in in the time of the
holding the Assizes of the said King, impleaded and sued within
the said City, and not elsewhere, as by the Evidences of the said
Lands and Tenements, upon Record enrolled in the Guildhall, &c.
They farther say, that in the Times of all the former Kings and
Assizes, (time out of mind) so often as any Mis-hap or Casualty,
such as Murther, Drowning, or other indirect Death of any Person,
in any of the Places fore-mentioned, hath fallen out, upon which
there was any Enquiry to be taken, or any Summons, Attachment,
or Execution to be made in any of the said Places; yea, and which
more is, even within the Tower it self, and at such time as the
King (now and then) hath been present, have the Sheriffs,
Coroners, and other Officers of the said City of London for the time
being, and no other, used to make such Quests of Enquiry,
Summons, Attachments, and Executions, and had right so to do; as
it is most manifestly to be proved by divers Rolls of the Crown,
and other Records of the Times aforesaid, now being in the said
The say moreover, that amongst other Liberties granted by the
King's Predecessors unto the Citizens of London, and ratified in
divers Parliaments, this expressly is one, That no Arrest,
Attachment, or Execution, be made by any Officers of the King's
within the said Liberty, either by Writ or without Writ, but only
by the Officers of the City. By all which Charters, Letters, Patents,
Bills, Acts of Assize, Writs, Inquests, Returns, Rolls of the
Escheators, and Crown-Office, Assizes, Pleadings, Enrollments,
Freedoms, and most plentiful other kinds of Records and Proofs, it
may easily and undoubtedly be concluded, that the said Hospital
of St. Katherines, with the Mills, and other its Appurtenances; as
also the whole Tower-Ditch, with all the Lands of East Smithfield
without the Postern, before the Abby of Grace, together with the
Right Side of the Street going by Dudding's Pond; as also the whole
Ditch and Plain without the Tower, within the Postern, called
Romeland, with all the Houses and Gardens round about them,
have all the time aforesaid been within the Compass of the
Liberty of the City.
The Liberties of the City this way.
The self-same Copy of what is last above, is something differently
recorded also in Book Dunthorn; the different Points whereof, not
mentioned in this former, I have transcribed.
Dunthorn, Fol. 84.
That the Hospital, Ditch, and the Tower Hill, are of the Parish of St.
Botolph's Aldgate, and Parcel of Portsoken Ward: That another
Part, by Romeland and the Thames, towards the Postern, by St.
Katharine's Hospital, were of the Parish of Allhallows-Berkin, and
of the Ward of the Tower of London. That Queen Maud was the
Foundress of Trinity Church within Aldgate; that the Ditch begun
by the Citizens in Rich. I.'s Time, was for Defence of the City. That
there is another Soken within the Walls of the
City, called the Inner Soken, which reacheth from Aldgate even
unto that Gate of the Tower called * Cinigate; which Soken is
within the Liberties of the City, as by some Records kept by the
Prior doth appear. That the Inhabitants of Portsoken and the
Tower are to be impleaded only in the Courts of the City, for all
Matters, Causes, and Contracts howsoever arising. That the Tower
hath no proper Court of its own, but only the Court of the Baron,
which is no Court of Record, as by Records exemplified in the
King's Bench it appeareth: That when any Murther or Drowning
hath been within the said Hospital or Tower, the City Officers have
attached the Malefactors within the Tower, notwithstanding that
the King himself sometimes happened to be present within the
said Tower, and have carried the said Men so arrested into some
of the King's Prisons within the City. That when the Justices
Itinerant have used to come to keep Assizes in the Tower, the
Officers of the City have had the keeping both of the inner and
outer Gates of the said Tower; and that nothing was executed
within the Tower, which pertained to the Office of a * Servant, but
by the Servants of the City. That the Sheriff of London hath had
the Charge of all the Prisons in the Tower, so often as the said
Justices Itinerant have come, as appears in many Rolls of Pleas of
the Crown, and of the said Itinerant Justices.
* Cuning gate, perchance, or the Kings Gate.
* Sergeant, perchance.
By another short Record in the said Dunthorne, Fol. 85. it is
specified, that if any were murthered within the Tower, or
drowned in the Tower-Ditch, or in the Gate, called Water-Gate,
that notwithstanding the King himself were there present, yet
have the City Sheriff and Coroner sitten upon the dead Body, and
empanelled their Juries.
Refer all this concerning the Privilege of the City within the Tower, unto Tower Street Ward.
The Letter or Commission of King Edward unto John Hamond,
Maior of London, beforementioned, is to seen in Dunthorne, Fol.
87. 'Tis dated at Westminster, Octob. 21. in the 17th Year
of his Reign over England, and over France the 4th. The
Lord Maior's Return of the Inquisition is also there recorded.
More concerning the same Matter, and of the restoring to the
Church of a little Piece of Land, encroached upon by the
Constables of the Tower.
Stephen King of England, to the Bishop of London, and to the
Justices, Sheriffs, Barons, Officers, and all his * Liege People of
London, French and English, greeting. Know ye that I have
restored, and new granted unto God and the Church of the Holy
Trinity, London, and to the Canons Regulars serving God there, for
the Soul of King Henry, and for the Salvation of my self and Queen
Maud my Wife, and Eustace my Son, and of other my Children,
and for ever do restore and grant, that Land of theirs in
Smithfield, which Earl Geffrey had in his Occupation for the
making of his Vienyard. Wherefore I will, and hereby firmly do
command, that they shall well and peaceably, freely, quietly and
honourably, have and hold the Land aforesaid; even as after the
best manner they did freely and quietly enjoy other their Lands,
and even as King Henry had before granted, and by his Charter
confirmed it unto them. Witness Maud the Queen, Thomas my
Chaplain, William de Ipra, and Richard de Lucye, at London.
A Vineyard there.
At the same time did Earl Geffrey resign up his Possession, as by
this his Deed appeareth.
Geffrey Earl of Essex, principal Constable of the Tower, &c. to the
Bishop of London, and all that hold of Holy Church *, greeting.
* Fidelibus Ecclesia.