The Tower of London, (Vol. 2 of 2)Gower, Ronald Sutherland, Lord
History
The Tower of London, (Vol. 2 of 2)
Gower, Ronald Sutherland, Lord
Tower of London (London, England)
“This dispute as to the Liberties and Privileges of the Tower began as
early as 1465–66, the fifth of Edward IV. Early in Queen Elizabeth’s
reign it was renewed; the points of controversy are referred to in the
above letter (a letter from the Lord Mayor to the Lords of the Council
complaining of the conduct of Sir William George, Porter of the Tower
of London, regarding his usurpation of the Liberties and Franchises of
the City by ‘compelling poor victuallers strangers, coming to London
by ship or boat with fish, fruit, or such victuals, to give him such
a quantity as pleased him to take, as two or three cod-fish from each
boat, etc., without payment. Such as refused he caused to be imprisoned
in the Tower, whereby the victuallers were discouraged to come to the
City, and their number decreased, to the great hurt of the markets
and the victualling of the City, especially at this present time of
Lent’). The Council referred the question to the consideration of the
Lord Chief-Justice of the Queen’s Bench (Sir Christopher Wray), the
Lord Chief of the Common Pleas (Sir Edward Anderson), and the Master
of the Rolls (Sir Gilbert Gerard), who gave their opinion upon some of
the privileges claimed by the Lieutenant, but not upon the question of
boundaries. They reported with respect to the claims of freedom from
arrest by action in the City, and protections granted by the Lieutenant
to officers and attendants in the Tower, and not obeying writs of
_habeas corpus_; that in their opinion, persons daily attendant in
the Tower, and serving the Queen there, should be privileged, and not
arrested on any plaint in London, but this should not apply to writs
of execution or _capias utlagatum_; that the Lieutenant ought to
return every _habeas corpus_ out of any court at Westminster, so that
the justices before whom it should be returned might either remand it
with the body, or retain the matter before them, and deliver the body.
They further gave their opinion that the claim of the Lieutenant,
that if a person privileged in the Tower were arrested in London, he
might detain any citizen found within the Tower until the other was
delivered, was altogether against the laws of the realm. The Lords of
the Council made an order settling these controversies, which was
dated from Nonsuch, October 3rd, 1585. The question of boundaries
still remained in dispute. Stowe quotes documents, which he says he
had seen among the Records in the Tower, from which it would appear
that the bounds in controversy were at Little Tower Hill, the Postern,
and East Smithfield on one side, and on the other the extent of Tower
Hill, and towards Barking Church. The City claimed the Postern Gate
in the end of the London Wall by the Tower, and houses built near to
the Wall and Postern; all the void ground within the Postern Gate—viz.
the whole hill and ground where the scaffold for the execution of
traitors stood, and where the Sheriffs of London received prisoners
Public-domain text, read in full here on John Shaqi.
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