t the statutes to make
such a taking in the highway unless he be the King's bailiff,
notwithstanding any franchise which the King may have granted, therefore
the Court adjudges that Thomas do recover his damages, and that W. be in
mercy for his tortious taking."

This leads to another point. Corporations had their local courts, and
some of them, by virtue of this fact, claimed exemption from the
jurisdiction of the higher courts. Such was the case at Liverpool, and
according to Sir. F. A. Picton there are instances on record in which
they succeeded in establishing their claim. How far these local
authorities were fit to be entrusted with the execution of justice may
be estimated by some lively incidents which took place in the early days
of October, 1565. One Thomas Johnson had been apprehended for picking
purses. Apparently he underwent no regular trial, but was dealt with
summarily, the programme being as follows: First, he was imprisoned
several days and nights, and then he was nailed by the ear to a post at
the flesh-shambles. As the next item, he was turned out naked from the
middle upwards, and many boys, with withy rods, whipped him out of the
town. He was then locked to a clog with an iron chain and horseblock
until the Friday morning following, and finally abjured the town before
the Mayor and Bailiffs, at the same time making restitution of 6_s._
8_d._ to the wife of one Henry Myln. Thus, there was a rude efficacy in
the process, but it might perhaps have been received as sufficient
ground for a writ of certiorari if Johnson had again fallen into the
hands of his tormentors.

It is certain that at times towns had to answer, through their
officers, for alleged acts of illegality in their corporate capacity.
Thus in 1292 one Adam--the reader will observe that the records do not
give the actual names, Adam being chosen as beginning with the first
letter of the alphabet--brought the Replegiare against B., &c., stating
that B., &c., had tortiously taken his chattels in the High Street of
the Town of Gloucester and conveyed them to their toll booth in the same
town. B. and C., the bailiffs, defended the seizure, asserting that by
the custom of the town of Gloucester only freemen might cut cloth
there--strangers might sell cloth by the piece, but not cut it.

Adam was not a freeman of the town, but, in opposition to the custom, he
had come and cut his cloth. As against this Adam produced a charter
witnessing that