Tower Street Ward. Tower Liberty. 31

Tower Street Ward. Tower Liberty.

as convenient Speed as you may: And so bid you heartily farewel.

From the Court at Greenwich.

Subscribed by
Bromley Cancellarius.
Hunsdon, Chamberl.
M. Treasurer.
M. Controller.
M. Secretary.
Sir Walter Mildmay.

Directed to the Lords Chief Justices, and to the Master of the Rolls.

Upon the Receipt of which Letters the said Lords Chief Justices, and Master of the Rolls, did at large hear the Allegations and Proofs of both Parties, and did accordingly certify their Opinions thereof to the Lords of the Privy Council in manner following:

The Certificate, touching as well the Articles and Complaints made to your Honours by Robert Smith and William Wikins, against Sir Owen Hopton, Knt. Lieutenant of the Tower, as the Controversies between the Maior and Citizens of London and the said Lieutenant.


FIrst, upon Examination of the Matter, touching the said Smith and Wikins, mentioned in your Honour's Letters, it appeareth unto us, that (some Controversy being between the Maior and Citizens and the said Lieutenant, touching a Garden Plot near the said Tower) one Ralph Gasken, Servant to the said Lieutenant, violently did draw forth of the said Garden one Shapeley, Servant to the said Wikins, then labouring there for the said Master, in such violent manner, as thereby blood was drawn of him in several Places, and carried him to the Tower, and there kept him in Prison eight Days; and that one Shawe, another of the Lieutenant's Servants, was present with the said Gasken aiding him, but that he did not hurt the said Shapeley; which Gasken and Shawe did detain some of the Apparel of the said Shapeley, and yet do for any thing known to us.

The Lord Chief Justices Report to the Council.

And that likewise one Payne was taken forth of the said Garden, and carried to the Tower, and there imprisoned three Days, and then delivered upon Bond, to render his Body to the Tower when he should be required, and that Payne hath left a Pawn to the Value of 10s. for his Meat and Drink.

And that her Majesty's Writ of Habeas Corpus for the body of Shapeley was sued forth of her Bench, directed to the Lieutenant, which was carried and delivered to him by the said Smith, who prayed the said Lieutenant to make Allowance thereof, and paid him the Fee due therefore. But forthwith he would have forced the said Smith to have received the Money again and the Writ: which Smith refused to do, praying him not to be offended for bringing of her Majesty's Process.

And thereupon Master Lieutenant said he would put his Writ in his Pocket, as he had done many, and therewith rubbed Smith on the Cheeks, and threatned to imprison him, if he would not carry back the Writ again and the Money: whereupon the said Lieutenant imprisoned Smith, and detained him about three Hours, until upon a Bill of his Hand to return to Prison when the Lieutenant should send for him, he was delivered; which Matter the Lieutenant confesseth to be true.

And touching such Liberties as Master Lieutenant claimeth to have been used for the Officers and Attendants in the Tower, as not to be arrested by any Action in the City of London, and Protections to be granted to them by Master Lieutenant, and not obeying of Writs of Habeas Corpus, we think such Persons as are daily attendant in the Tower, serving her Majesty there, are to be privileged, and not to be arrested upon any Plaint in London. But for Writs of Execution, or Capias ut ligatum, and such like, we think they ought to have no Privilege.

Moreover, touching Protections granted by Mr. Lieutenant, for such as be condemned in any Action in the Court, kept in the Tower, to go at large, and not to be arrested by any Process out of the Queen's high Courts, or elsewhere, or any other Protection to that effect, for any privileged Person, we think the same against her Majesty's Laws and Dignity.

Item, That Mr. Lieutenant ought to return every Habeas Corpus, out of any Court at Westminster, so as the Justices before whom it shall be returned, (as the Cause shall require) may either remand it with the Body, or retain the Matter before them, and deliver the Body as Justice shall require.

As touching the Jurisdiction of the Court in the Tower, and the Controversies for certain Liberties upon the Tower Hill, and the Soil there, and divers Places about the Tower, we are not yet fully resolved; but desire your Lordships to have some farther time to consider thereupon: For, that there be many Matters alledged, and to be shewed in Writing for the same, as we are informed, which we have not yet seen.

Item, The said Lieutenant doth claim a Liberty, that if any Person privileged in the Tower be arrested in London, that he may take the Body of any Citizen that shall come within the Liberties of the Tower, and keep his Body there until the other be delivered; which we think altogether against the Laws of this Realm. Chrisopher Wray.
Edmond Anderson.
Gilbert Gerrard.

After the Lords of the Privy Council had received the same Certificate, they did thereupon make this final Order and Decree following, viz.

At Nonsuch, the third Day of October, 1585.


Lord Treasurer.
Lord Admiral.
Lord Chamberlain.
Master Treasurer.
Master Secretary.

WHereas sundry Variances and Contentions have heretofore arisen, and have of late Years depended, betwixt the Lord Maior and Commonalty of the City of London, on the one Part, and the Lieutenant of her Majesty's Tower of London on the other Part, touching Matters of Liberties, Prescriptions, Customs, and other Claims and Pretences; by reason whereof, and for lack of Order for stay of those Variances and Contentions, divers Tumults have heretofore grown, and her Majesty's Peace hath many times been in hazard to be dangerously broken; whereupon several Complaints have been heretofore exhibited to the Lords and o-