certify indictment upon CERTIORARIES hill James king king bench lobn Forner  John Evans and diverse other be indict before sir Thomas hay Lord mayor of  London sir Henry Montague sergeant unto the king and recorder of London sir  Thomas low and diverse other by virtue of a commission grant unto they a  certiorari be direct unto they as justice of peace out of the king bench for  the certify the say indictment upon which certiorari no return be make  whereupon a second certiorari be award unto the say commissioner command they  to certify the say indictment upon a pain upon which certiorari a return be  make in this manner that be to say that king h in the year of his reign by his  letter patent bear the same date do grant unto the mayor alderman and sheriff  of London that they shall not be compel upon any writ direct unto they to  certify the indictment themselves take before they but only the tenor of they  the which they have do accord and exception be take unto this return for the  insufficiency of it it be resolve by sir Edward cook chief justice of the king  bench sir lohn crook sir John Doddridg and sir Robert Haughton that the return  upon the reason hereafter follow be insufficient for first the letter patent  be grant unto they by the name of the mayor alderman and sheriff of the city  of London warrant only the not certify of indictment take before they as mayor  alderman and sheriff of London n and where the writ be direct unto they by  that name and they do not excuse they in case where the writ be direct unto  they as justice of peace and where the indictment be take before they as  justice of peace by virtue of the king commission and howsoever the mayor and  aldermenare justice of peace by charter yet insomuch that they be distinct  power return make by they by the name of mayor and alderman where the writ be  direct unto they as justicesof peace will not be good second there be a  resumption make by Act of parliament in h whereby all land tenement grant rend  and fee grant since the first day of his reign be resume the letter patent  make in h unto the mayor and commonalty be annihilate and make void and so no  hold may be take of they and the statute make in Edward cap only confirm those  privilege not heretofore revoke and repeal by Act of parliament or otherwise  and howsoever there be a charter make by h in the first year of his reign  whereby restitution be grant of this privilege yet no advantage may be take of  it because it be not speak of upon the return and the cout may not intend it  three the letter patent of the king be the sole ground and foundation to make  the return good be not sufficient return unto the court insomuch that it  calthrop er p be say upon the return only that the king by his letter patent  do grant unto the mayor commonalty and sheriff of London that they shall not  be compel to certify the indictment themselves but it do not appear that they  be seal with the grand seal and if they be not seal with that seal the letter  patent may not be of any validity in law howsoever they be seal with the  exchequer seal or duchy seal in respect of which they may well be call the  letter patent of the king fourthly the use have always be to remove indictment  and the record of they upon a certiorari award out of the king bench and there  be never any denial make of it before this time and in Edward where a  certiorari be direct unto they for the remove of a indictment of a woman which  be indict for be a common whore the indictment be certify in obedience unto  the writ although in the end of the return they show their charter and pray  that it may be remand because it be a indictment only warrantable by though  custom of the city and not by the commonlaw and the court be of opinion in the  return at the bar to have impose a fine and to have award a three certiorari  but it be stay nam the second return be amend