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Tower Street Ward. Tower Liberty. | 31 |
Tower Street Ward. Tower Liberty.
as convenient Speed as you may: And so bid you heartily farewel.
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From the Court at Greenwich.
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Subscribed by
Bromley Cancellarius.
Leicester.
Hunsdon, Chamberl.
M. Treasurer.
M. Controller.
M. Secretary.
Sir Walter Mildmay.
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Directed to the Lords Chief Justices, and to the Master of the Rolls.
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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:
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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.
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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.
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The Lord Chief Justices Report to the Council.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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After the Lords of the Privy Council had received the same
Certificate, they did thereupon make this final Order and Decree
following, viz.
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At Nonsuch, the third Day of October, 1585.
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Present,
Lord Treasurer.
Lord Admiral.
Lord Chamberlain.
Master Treasurer.
Master Secretary.
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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-
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