“This year was, indeed, prolific in Royal Grants, for the benefit of London Bridge; for, in support of that gift of Customs to be taken upon it, which I have already recited, King Edward also issued the following instrument which stands on the Patent Rolls of the 10th of his reign, Membrane the 9th: You will find a copy of the Latin in Hearne, page *476; and translations of it are in Stow, volume i. page 59, and in Maitland, volume i. page 47.
“ ‘Concerning the Customs taken for the Repair of London Bridge.
‘The King to his Mayor of London. When lately, by reason of the sudden ruin of London Bridge, we commanded you, that associating with you two or three of the more discreet and loyal Citizens of the aforesaid City, ye should take, until our Parliament after Easter next past, in supply of the reparation of the Bridge aforesaid, a certain Custom, as in those Letters Patents which we have caused to be made from that time to you, is more fully contained. We, being willing that the taking of the said Customs be continued longer, command you, that from the Feast of St. Margaret the Virgin, next coming,’—namely, the 20th of July—‘unto the end of the Three Years next following completed, ye take the underwritten Custom of the aforesaid Bridge. That is to say, of every man on foot, bringing merchandise or other saleable goods, and crossing the Bridge aforesaid, and betaking himself to other parts, one Farthing: of every Horseman, crossing that Bridge, and betaking himself to other parts with merchandise or other saleable things, as aforesaid, one Penny: of every Pack carried on a horse, and passing over that Bridge, one Halfpenny. Nor will we, in the mean time, that any thing be there taken on this occasion, but for the supply of the reparation of the said Bridge. But the aforesaid term of Three Years being completed, let the above-mentioned Custom cease and become void. In testimony of which thing, &c. for the aforesaid term of Three Years, this may last. Witness the King, at Chester, the Sixth day of July.’
“It is, however, worthy of remark, Mr. Geoffrey, before I pass downwards to another Year, that both Stow, at page 60, and Maitland, page 47, speak of this as the first Grant of Customs to London Bridge, and allude to that which I before rehearsed, as the second; when the months in which they were issued, are no less distant than February and July, independent of the direct reference which this latter deed has to the commencement and terms of the former. The mistake has probably arisen from the peculiarity of numbering the skins on the Patent Roll, counting from the lowest end of it, which I have already mentioned to you, since the first instrument is on the eighteenth Membrane, and the latter on the ninth.
“My next notice of London Bridge is of a nature far less happy than are these Patents for its support, for the Christmas of 1281 proved a most fatal season to it; since Stow, in his ‘Annals,’ edited by Edmund Howes, London, 1631, folio, page 201, tells us, though without mentioning his authority, that ‘from this Christmas till the Purification of Our Lady, there was such a frost and snow, as no man living could remember the like; where-through, five arches of London Bridge, and all Rochester Bridge, were borne downe, and carried away with the streame; and the like hapned to many bridges in England. And not long after, men passed over the Thames betweene Westminster and Lambeth, and likewise over the River of Medway betweene Stroude and Rochester, dry-shod. Fishes in ponds, and birds in woods, died for want of food.’ It would appear as if this devastation had not been very quickly repaired, for, when added to the former ruinous state of the Bridge, the complete demolition of more than a fourth part of it, made it not only a very lamentable, but almost hopeless undertaking. Then, too, the very recent repetitions of grants for its repair and support, rendered the same course nearly impracticable, though old Stow tells us, in his ‘Survey,’ volume i. page 61, that ‘in the year 1289, the Bridge was so sore decayed for want of reparations, that men were afraid to pass thereon; and a subsidy was granted towards the amendment thereof. Sir John Britain being Custos of London, Anno 1289, a great collection, or gathering, was made of all Archbishops, Bishops, and other ecclesiastical persons, for the reparations of London Bridge.’ Of the writs for such collections I have, perhaps, already given you sufficient specimens.
“Several years now passed, unmarked in our Bridge Annals but by the renewal of those various tolls, of which, but a short time since, I related to you the particulars; which circumstances not only too fatally prove into how lamentable a state of decay our venerated edifice had then fallen; but what is infinitely worse, those repeated Royal grants and tolls as plainly indicate the dearth of that public spirit, which had erst lived in the glorious Peter of Colechurch. I will but observe then, that Stow, at page 60 of his ‘Survey,’ and Maitland, who probably merely copied him, at page 47 of his ‘History,’ both record the fact, that in the 27th and 30th Years of King Edward I., namely in 1298 and 1301, the same tolls and customs were continued for the repair of London Bridge. You will find the former of these grants entered on the Patent Roll for the proper year, in the Tower, under the title of ‘Pontage for London,’ Membrane 29; but as the instrument is of some considerable length, I shall prefer giving you a similar shorter one hereafter, being the last Pontage Patent issued by that King.
“And now, Mr. Barbican, we come to speak of a new matter connected with London Bridge, and a singularly curious one it is, inasmuch as it shews the great antiquity and power of the Bridge Master; but for the better illustration of it, have patience with me, I pray you, for a few moments, whilst I recall to your memory a point of legal history to which it is collaterally related. In the times of our Saxon ancestors, you may recollect one superior Court of Judicature, called the Wittenagemote, or General Council of Wise Men, was sufficient for the whole Kingdom. When William I., however, came to be Sovereign, he contrived to separate from it the Ecclesiastical and Judicial authority, by establishing a new and permanent Court in his own Palace, called in history by the various names of Curia Regis, the King’s Court, and Aula Regia, or Aula Regis, the King’s Hall. This was divided into several different departments, the principal of which were composed of the King’s great Officers of State, who were resident in his Palace. Thus, the Lord Marshal generally presided in affairs relating to honour and arms, and the military and national laws; the Lord Chancellor kept the King’s Seal, and had cognizance of all instruments to which it was attached; the Lord Treasurer was the chief authority in all matters concerning the Revenue; and certain persons well acquainted with the Laws, called the King’s Justices, assisted by the Greater Barons of Parliament, formed a Court of Appeal in difficult cases, over which presided the Chief Justiciary of all England. For a considerable time this universal Court was bound to follow the King’s household in all its progresses and expeditions, to the great delay of equity, and the extreme trouble of the people; so that in the articles of petition, which preceded the ‘Magna Charta’ of King John, Section 8, it was solicited that Common Pleas, or causes, should no longer follow the King’s Court, but be held in some certain and permanent place. This article was one to which John consented more readily than to any other in his Great Charter, as the power of the Chief Justiciary being already very considerable, he readily confirmed it by Chapter xvii. of his grant. This officer’s place, however, was even then but little altered, as he remained in Westminster Hall, where the Curia Regis had originally sat; and in the same building a Court of Common Pleas was established, for the determination of all causes concerning land, and injuries between subject and subject. The other departments of the Aula Regia, naturally beginning to decline, soon after this separation, King Edward I. then new modelled the whole judicial polity of England, by dividing it into other Courts.
“Now, Sir, my intention in bringing to your memory these historical memoranda, is, to remind you that abstracts of written proceedings of these Courts, sometimes called the Placita Rolls, or Rolls of Pleas, are yet preserved, recorded in Law Latin in a current Court-Hand full of contractions, some being in the Tower of London, and others in the Chapter House at Westminster. These Rolls contain pleadings as well made in the ancient Curia Regis, as in the Courts subsequently erected; though, those of the reigns of the First and Second Edwards are chiefly of pleas in the King’s Bench, which is the last fragment of the King’s Hall, because it may be removed with the Sovereign’s person, wherever he goes; and, although he be not actually present, yet he is still supposed to be so, since the style of the court is yet ‘coram ipso Rege,’