assizes shal be made by the Sheriffes their Ministers or by the Mayor and Aldermen if any of the parties shall come to demand upon reasonable cause in manner as the use is in assizes of fresh force And in such assizes of Mortdancestor the parties may be essoyned as at the Common-law and the tenants may vouch to warranty within the said City and also in a forraign County if the Vouchee have no tenements within the City And if the tenants plead a Release bearing date in a forraign County or other forreign matter that may not be tryed within the City or that they vouch to warranty in a forraign County him that hath nothing within the City then at the suit of the party the Record shall be brought in the Court of our Lord the King by a writ delivered to the Sheriffes and Coroner and there shall such forreign pleas and forreign voucher be tryed and determined and after sent back to the said Sheriffes and Coroner to goe forward and proceed according to the custome of the City And continuance shall be made in such assizes upon the causes aforesaid and upon other reasonable causes And when the Assizes shall be determined Judgment ought to be given then the same Assizes shall be engrossed and entred of record by the said Sheriffes and Coroner and after sent to Guild hall to remaine there of Record in manner as the Assizes of fresh force ought to be The City of London A custome that free-men of the City of London may bequeath their tenements of which they were solelyscized is an ancient City of our Lord the King that now is and of his Progenitors In which City such a Custome is held and where of the time is not to the contrary hath been held that every Freeman of the aforesaid city being soly seized of any Lands or Tenements within the aforesaid City by all the time aforesaid might and may bequeath such his Temements to any person or persons it likes him best as well secular as religious in see-taile or for terme of his life c. Item Assizes of novell desseisin called fresh force of lands and tenements and rents within the City of London of desseisins made within 40 weekes are held and are determinable before the two Sheriffes and the Coroner of the said City in common every Saturday in Guild-hall except certain times that the assizes may not be held for reasonable causes and therein the processe in this manner viz. When any man is agrieved and disseised of his Freehold within the City or Suburbs thereof he shall come to any husting held at Guild-hall or for want of the husting to the Chamber of Guild-hall to the congregation of the Mayor and Aldermen any Munday and there shall make a Bill and the Bill shall be thus A. of D. complaines of intrusion against C. of E. of his free tenement in such a Parish of London or in such a Parish in the Suburbs of London And the same Bill shall be enrolled and thereupon another Bill shall be made containing the whole matter of the former Bill by the common Clerke of the City making mention of the title of the husting or of the day of the Congregation of the Mayor and Aldermen And that Bill shall be delivered to the Sheriffe or to one of them to make processe and doe right to the parties And then ought the Bill to be served the Wedensday next ensuing viz. The Sheriffes Officer to whom the Bill is delivered shall summon the tenant or the tenants mentioned in the said Bill of assize by the view of two Freemen of the City and that at the tenements where the disseisin is made or at the tenee ments where out the Rent is supposed to be issuing and it shall be said there to the tenants that they keep their day at Guild-hall the Satturday then next ensuing at their perill And the names of the two summoners shall be endorsed upon the Bill and then the Plaintiffe may sue to array the assise and summon the Jurors against that Satturday or against other Satturdayes after at his will And so may the tenants sue for their deliverance if they will and such summons shall be made the Fryday before the satturday And the arraynments at the perils of the Jurors shall be made by the Sheriffes or their Officers or by the Mayor and Aldermen if any of the parties upon a reasonable cause will pray the same And afterward the same assises shall be pleaded and ruled for the most part also as it otherwise at the common-law And if a Release bearing date in a forraign County Bastardy or other forraign matter which cannot be tryed within the said City be pleaded in such assizes then else Plaintisse may sue to cause the Record to be brought to the Court of our Lord the King to try the matter there as the case requires and when the matter shall be determined in the Kings Court all the processe shall be sent back to the said Sheriffes and Coroner or to their Successors or to proceed forward according to the custome of the City in manner as it hath been heretofore And it is to be understood That no discontent is within the City of assizes c. that there hath not been any discontinuance in such assises neither is there any mention made in the Record of the dayes between the assize brought and the day that the assize shall be taken or Judgment given if it be not for a necessary cause or that such assizes be taken before the Sheriffes and Coroner as is aforesaid and Judgment be thereof given then shall such assizes determined be entred of Record and after shall be brought into the Chamber of Guildhall to remaine there in the Treasury as of Record And it is to be understood that a man may not enter into any tenements within the said City by force nor hold any tenements by force and armes in disturbance of the peace c. Imprimis It is to be understood Of the Sherisss Court that the Sheriffes holds the Courts of our Lord the King before them in the Guild-hall of London and pleas of debt of any summe whatsoever and of all actions personals at the suit of the parties And each of the said Sheriffes holds his Court at Guildhall by himselfe severally and that by vertue of the plaints and quarrels made before the one and the other of the same Sheriffes as well in their Countors as at Guildhall according to the custome of the aforesaid City And every of the said Sheriffes use to hold by himself two generall Courts in the week and every day for the deliverance of forraigners strangers if need be if they be not let by Festivall dayes or other reasonable causes Item The Clarkes and Officers of the said Sheriffes presently upon the plaints made use to award a capias or other processe against the Defendants by the testimonies of the Sergeants of the
do against the Ordinances aforesaid c. Item Of Male-factors the Mayor and Aldermen have alwayes used to cause to come before them the Malefactors which have been taken and arrested within the said City for carrying of tales and spreading abroad of newes imagined in disturbance of the peace makers and counterfeiters of falle Seales false Charters and for other notorious defects and those which they have found culpable of such misdeeds by confession of the parties or by enquest thereof made shall be punished by setting in the pillory or further chastised by imprisonment according to their merit and according to the reasonable discretion of the said Mayor and Aldermen Item Of change of proces and abbreviating of delayes the Mayor and Aldermen may by usage of the said City change proces and abridge delayes in actions personal as well before themselves and in the Sheriffes Court and make new Ordinances such personal pleas the which Ordinances they conceive to be reasonable profitable to the people Item That the City of London is held of our Soveraign Lord the King in free burgage it is to be understood that all the city of London is held of our Lord the King in free burgage and without mesne And all the Lands and Tenements Rents and services within the said city and the Suburbs thereof as well in rendition as in demeasne are devisable by usage of the said city So that men and women by usage of the said city may devise their tenements rents and reversions within the said City and Suburbs thereof to whom they will and of what estate they will And may also devise a new rent to rise from their tenements in manner as they like best And those which are free-men of the same City may devise their tenements in mortmain as appeareth by the Charter of the king thereof made Item That infants within age nor woman covert qaron may not dewise He that holdeth tenements with others may devise that which to him helongeth without more adoe But Infants within age may not make a devise nor women covert may not devise their tenements by license of their husbands nor in other manner during the coverture Item That a man cannot devise his tenements to his wife but for terme of life the husband may not devise his tenements to his wife for a higher estate then for terme of life and the wife cannot claime other estate upon pain to lofe the whole Neither may the husband devise the tenements descended to his wife nor the tenements which the husband and the wife have joyntly purchased But if the husband and the wife have tenements joyntly to them and to the heirs of the husband the husband may devise the reversion All testaments by which any tenements be devised may be inrolled in the Hastings of Record at the suite of any which may take advantage by the same testaments And the restaments which ought so to be enrolled shall be brought before the Mayor and Aldermen in full Hasting and there shall the said testaments be proclaimed by the Serjeant and the same also to be proved by two discreet men well known the which shall be sworn and examined of all the circumstances of the said Testaments and of the estate of the Testator and of his seale and if the proofe be found good and loyall and agreeable then shall the said Tastament be inrolled in the same hastings of record and the Fee shall be payed for the enrolment and no Testament nuncupative nor other Testaments may be inrolled of record except that the seale of the Testator be put to the same Tastament Testaments Nuncupative But the Testaments that may be found good and loyall are effectuall although they be not enrolled nor of record Item Of testaments defective yet effectuall The testament within the said City ought by custome of the same City to be adjudged effectuall and executory having regard to the Testators wills although that the words of such testaments be defective and not according to the common Law Item Of Rent devised by testament where a reversion or rent be devised by testaments enrolled of record in the Hastings the same reversions and rents Passe presently after the death of the Testator so as those to whome such rents be devised may distreine for their rents and make avoury and those in reversion may sue a Writ of waste at their will without other attournment of the Tenants And they may plead for the same enrolments if need be although they have not the saidtestaments in hand and the same Custome holdeth place of Charters Indentures and other writings inroled in Hastings of REcord and such inrolements have alwaies beene used so that the testaments be proclaimed and proved in full Hastings as aforesaid And the Charters Indentures and other writings ensealed may be accepted And the conusances and confessions of women have beene received before the Mayor and one Alderman or before the Recorder and one Alderman or before two Aldermen for necessity as well out of the Court as in So that the same Charters Indentures other Writings so acknowledged be after entred and enrolled in some of the Hasting sand the Fees thereof paid as the manner is Item Rent devised without clause of distress where a man hath devised by his Testament enrolled a certaine Rent to arise out of his Tenements within the said City without clause of distresse yet by usage of the City he to whome the devise is made may distraine and avow the taking if the rent be behind And in the same manner shall be done of all ancient rents called Quit rents within the same City Item Of Orphans The Mayor and Aldermen that are for the time by custome of the City shall have the Wardship and Marriages of all the Orphans of the said City after the death of their Ancestours although the same Ancestors do hold to them and the City of any other Lord by what service soever And the same Mayor and Alderought to enquire of all the Lands and Tenements Goods end Chattles within the said City appertaining to such Orphans and safely keep them to the use and profit of such Orphans or otherwise commit the same Orphans together with their Lands and Tenements Goods and Chattles to other their friends by sufficient Surety found of record in the Chamber of Guild Hall to maintaine conveniently the said Orphans during their nonage their Lands and Tenements to repayre the said Goods and Chattles safely to keep and thereof to render a good and loyall accompt before the said Mayor Aldermen to the profit of the same Infants when they shall come to their age or when they shall be put to a mystery or shall marry by the advice of the said Major and Aldermen And that in all cases except that it be otherwise ordaind and disposed for the same Orphans or for their Lands and Tenements Goods and Chattles
by expresse words contained in the Testaments of their Ancestors And no such Orphans ought to be marryed without the assent of the said Mayor and Aldermen To marry by the assent of the Mayor And also where Lands or Tenements Goods and Chattles within the said City are divised to an Infant within age of one City or of the same City living his Father that such an Infant is no Orphan yet by usage of the said City the said Lands and Tenements Goods and Chattles shall be in the custody of the Mayor and Aldermen aswell as of the Orphans to maintaine and keep them to the use and profit of the same Infant except that the Father of the infant or some other of his friends will find sufficient surety of record to maintaine and keep the said Lands and Tenements Goods and Chattles to the use and profit of the said Infant and thereof to render a good and loyall accompt as is aforesaid And it is to be understood That the goods of the testator shall be parted into three parts that where a Cityzen of the same City hath a wife and children and dyes all the goods and chattles of the said party deceased after his debts be paid shall be divided into three parts whereof one shall remaine to the dead and shall be destributed for his Souls benefit and the other part shall be to his wife and the third part to his children to be equally shared betweene them notwithstanding any Will made to the contrary And therefore as well the wife as the children may have their recovery and suit to demand such goods and chattles against the Executors or other Possessors of the said goods and chattles before the said Mayor and Aldermen by Bill Item By ancient custome of the said City That No Forreigner shall sel Victual or other Marchandize to any other forreigner by retayle it was not lawfull for any Stranger or Forreigner to sell victuall nor other Marchandize to any other Stranger or Forreigner within the same City to sell again nor for any such Stranger or Forreigner to sell victuall or other Merchandize within the City by retayle Item By ancient custome of the said City of London the Citizens Ministers of the same City ought to obey no Commandement nor no Seale but only the commands and immediate Seale of our Lord the King Nor ought any Officer of our Lord the King to make seisure or any execution within the said City nor within the Franchize thereof by Land or by Water but onely the officers of the said City Item Of a Writ of Errour Of Judgements given in the Sheriffs Court in actions personall or in Assizes taken before the Sheriffs and Coroner by custome of the said City the parties against whom such Judgments are given may sue a writ of Errour directed to the Mayor and Sheriffes to reverse the said Judgment in the Hasting if the Judgment be reversible And although such judgments be affirmed in the Hasting yet the same party may sue another Writ of Errour directed to the Mayor and Sheriffes to cause to bring the Record and Proces before the Justices assigned at St. Martins the Great as it hath been done heretofore But if any party by such judgment given before the said Sheriffs be convict in debt or in dammage and for that cause be committed to prison untill he hath made agreement and after pursue a Writ of Errour to reverse the judgment in the Hasting or although the Judgment be affirmed at the Hasting the said parties will sue another Writ of Errour to reverse the same Judgment before the Justices assigned at St. Martins the great as afore is said Yet not withstanding the same party which is so imprisoned ought not to be delivered out of prison hy ancient custome of the City by reason of such a Writ of Errour before that he hath found sufficient surety within the said City or put the money in the hands of the Court to pay him that shall recover or in case that the said Judgment be afterward affirmed And in case that such a Writ of Errour be sued to reverse any Judgment given in Hasting before the Justices assigned at St. Martins the Great and it be commanded by Writ to warn the parties and to cause them to bring the Record and Proces before the same Justices then shall the parties be warned as the Law requires But no Record shall be brought before the said Justices in writing by custome of the City but the Mayor and Aldermen shall have forty dayes respit assigned by the same Justices after their first Session there to be advised of the said Record of the Proces thereof and at first Session of the Justices after the forty dayes the said record and processe shall be recorded before the same Justices by the mouth of the Recorder of the said City or tenus And of Judgments given before the Mayor and Aldermen in the Chamber of Guild-Hall according to the Law of Merchants no Errour was ever writ to be sued Item By ancient custome of the City all the Liberties Priviledges and other Customes pertaining to the same City ought to be recorded by mouth without being put in any other manner in writing Item The Citizens of London by custome of the City ought not to go out of the City by writ or other manner to passe in any Enquest Item Of not putting Citizens in Enquest out of the city Wives after the death of their husbands by custome of the City shall have their free bankes that is to say the wife after the death of her husband shall have of the tenement within the City whereof her husband dyed seised in fee and in which tenement the said husband and she were remaining together at the time of the death of her husband the Hall the principall chamber and the celler wholly and her easement in the Kitchin the chiefe table and curtilage in common or other necessaries to her appertaining for terme of her life And at what houre that she shall marry she shall lose the free bank and her dower thereof saving to her the dower of her other tenements as the Law requires Item Every Free-man using a Mystery may by usage of the same City take an Apprentice to serve him and to learne his Art and Mystery and that by Indentures that shall be made between him and his said Apprentice The which Indentures shall be examined and enrolled of record before the Chamberlaine of Guild-Hall And such Apprentice may bind himselfe or his friends may put him to his Master by their Indentures if he be of convenient age according to the discretion of the Chamberlain or of the Mayor and Aldermen if need be And no Apprentice by custome of the City may be put for lesse terme then 7. yeares and the Indentures ought to be enrolled within one year after the making thereof under a certain pain therefore limited and after such Apprentice
prisoners are condemned or arrested and committed within the said City and be committed to prison at the parties suit and after be sent for by a Writ to the Exchequer or in other places of the King with their causes the same prisoners after that they be delivered in the Kinge Court ought to be sent back againe to the said City to answer the parties and attend their deliverance Item Of houses decayed within the City Those which have tenements within the said City shall not be suffered to despoile or wast their own tenements nor them to take down in disorderly sort nor to the disgracing of the said city except it be to amend or re-edifie the same And if any man shall do or begin to do it he shall be restrained by the for the trespasse according to the custome of the City Item if Walls Penthouses Of Penthouses Defects in tenenements or other tenements what soever within the said City extending towards the high-wayes be so rotten and feeble that people dare not passe that way for the danger of their sudden fall then after that testimony be given to the Mayor and Aldermen by the Masons and Carpenters that are sworne to the said City or it be found in the Wardmore that the perillis such then the same Mayor and Aldermen shall warne the party to whom the tenements belong to amend and redresse them as soon as he may well do the same And if after such warning the said tenements be not amended nor begun to be amended within 40 dayes after then shall the said tenements be amended and redressed at the costs of the same party And the said tenements shall remaine in the hand of the said City untill the costs thereupon bestowed be fully levyed if the possessors of the Mayor and Aldermen and punished said tenements have no other tenements nor goods nor chattls within the City And if he hath other tenements or goods or chattels within the City the costs shall be levyed of his goods and chattels or of his other tenements if need be Item What house soever that is found within the said City or the Suburbs to be covered with Reed or with Shingle he to whom the house belongs shall pay to the Sheriffes that are for the time 40 s. and shall be made pull down the said covering Item if any house within the said City be on fire so that the flame of the fire be seen out of the house the dweller in the house shall pay unto the said Sheriffs 40. Of. the election of the Mayor s. at the first demand Item The Mayor and Aldermen and Sheriffes and all other Officers and Ministers of the said City are elected by the same City viz. At the time when the Mayor shall be chosen the Commons of the said City shall by usage be assembled at Guild haue and the same Commons shall make election of two wise men of the said City of the which one shall be Mayor and the names of the said two prudent men shall be reported before the Mayor and aldermen that are then for the time in the chamber of Guild-hall and then one of the two shall be chosen Mayor by the Mayor and Aldermen there by way of lot And the said Mayor so newly chosen the morrow after the Feast of St. Simon and Jude shall be presented to the Barons of the Exchequer at Westminster or in absence of the said Barons to the Constable of the Tower and afterward shall be presented to the Lord our Kings owne person according as it is contained in the Charter of the said City And the said Mayor shall have the government of the same City under our Lord the King for the yeare following And the said Mayor shall have 50 Markes a Yeare for the weighing of corn and 50 markes in the time of peace of the Merch. of Amiane Corby and Neele according to the ancient custom therof made And every Mayor shall hold his generall Court at Guilhall the Monday next after the Feast of Epiphany And there shal be assembled all the Aldermen of the said City and all Constables Scavangers and Bedles of the Wardmotes held by the Aldermen and the defaults found in the Wards shall be enquired of and examined And the Constables Scavangers Bedlles shall besworne anew to execute well and loyally their Office for the time that they shall be Officers And the Mayor that is for the time by custome of the said City for maintenance of the peace and tranquility within the same City hath power to arrest and imprison the disturbers of the peace and other evill doers for resistances ill speeches and other defaults according to his discretion without being for the same empeached or sued afterward Item No Mayor shall be chosen within the said City Of the fame before he hath beene Sheriffe of the said City by the space of a yeare before Item the Mayors of London which have bene for the time Of the sword have used to have their swords carried upright before them within the said City and without without holding downe their swords in any mans prefence except in the presence of our Lord the King and that sword is called the Kings sword Item Of the election Of the Sheriffs the Sheriffes of London are chosen by usage of the said City on St. Matthewes day in Guild hall viz. One shall be chosen by the Mayor or Guardian that shall be for the time and the other by the Commons And the Sheriffes shall be afterwards sworn within the said Guild-hall and afterwards on the morrow of St. Michaels shall be presented in the Exchequer or to the Constable of the Charter of the said City And the said Sheriffes shall have free election of all their Officers and of their Farmers and Bayliffes as well within the said City as in the county of Middlesex and of the Goalers of the Goales within the said City at their will and at their perill And the same Sheriffes pay and are accomptable yearly to the Exchequer of our Lord the King for the Farm of the said City and of the county of middlesex according to the forme of the said charter of the City And by reason of which Farme the said Sheriffes ought to have the ancient prizes and customes of the Merchandizes coming within the City and going out and forfeitures fines and amerciaments and all other commodities of ancient time belonging to their said Offices And no Merchant shall passe not of the said City by Land or water by wagon or cart horse or bridg without a Bill given ensealed by the said Sheriffes And those which are Forreigners ought to pay for their passage according to the ancient custome Item The said Aldermen be chosen by the people of the same Wards Of the election of Aldermen and of their Offices and the which Aldermen ought to hold their Wardmotes as the custome is and survey and redresse the nusances and
said Offier thereto deputed as well in the said Countors as at Guild-hall and it is the use to award a capias in plain of Debt Accompt Covenant and other Actions personall whatsoever c. Item Action of debt Hee that is so arrested at the suite of the party for Debt or other action personall may finde Sureties in the said Courts or elsewhere before the Sheriffes or their Clarkes thereto deputed to come to the next Court at the said Guild-hall holden before the same Sheriffe before whom the plaint was made upon this condition that if the Defendant come not at the said next Court to keepe his day then he shall be condemned in the debt mentioned in the plaint Saving the Plaintiffe if he be present or may well come in Court shall be examined upon his Oath what summe is cleerly due to him and for what cause more then which is found to be due by examination the Plaintiffe shall recover nothing but his dammages which shall be judged by taxation of the Court or by enquest if need be And if the Defendant cannot be found then shall the main pernors be taken and charged for the Debt and the aforesaid Dammages Item Action of trespasse If there be a plaint of trespasse of battery of goods taken or other personall action where a man ought to recover dammages if the Defendant make default in such case after that he is arrested and hath found sureties as is aforesaid then he shal be judged as convicted and the Plaintiffe shall declare by bill the cause of the suite and the quantity of such dammages and such place And thereupon an enquest of office shall be brought from the same place to taxe the dammages for the Plaintiffe And if the defendant be not to be found the main Pernors shall be charged as afore And if the Court may be truly certified by the same Enquest or by sufficient examination of the Plaintiffe that the Defendant is not culpable in such case the Plaintiffe shall recover nothing notwithstanding the default c. Item When any such main pernors be arrested and committed to prison because the principals are not found yet notwithstanding whensoever the principall may be found and is under arrest at the suit of the maine prenors then the said maine prenors shall be delivered If a man be arrested in a plea of Accompt and finde Sureties to come at his day or if he do not plead to the issue or plead in Judgment and find Snreties to attend untill the suit be determined according to the Custome of the City yet notwithstanding at what houre that the principall Sureties will come into Court then if the Sureties come Auditors shall be assigned to take the Accompt in presence of the Plaintiffe and the main pernors And the Sureties shall be demanded if they know any thing to say in discharge of the Accompt And if the Sureties will not come then the Plaintiffe shall recover his arrearages by examination and his Oath And in the same manner it shall be if the defendant be convict of Accompts by enquest Item Of common Free-men of the City and of those that be resiant in eht same If a plaint be made against any Free-men being sufficient or against another sufficient man and resident within the City such a Defendant shall be summoned by any Sergeant of the Sheriffe to come to Guild-hall to answer to the party Plaintiffe at the Court of Denizens At which Court if he make default he shall be amerced and the grand distresse shall be presently awarded by usage of the City and it shall then be awarded that the dores of the Defendant shall be fastned and ensealed untill he shall come to answer to the party plaintiffe And at every Court of Denizens that he is demanded and comes not he shall lose his issues And if hee breake the sequestration and that be testified in Court by the Sergeant then it shall be awarded that the defend be arrested by his body And if he pay a fine for the contempt and when he is so arrested he shall finde sufficent pledge to come then at the next Court to answer to the party upon a pain limited before the capias is awarded And if such a defend make more delayes and it be testified by the Sergeant that the defendant like to escape a way or is not sufficient then shall be awarded the capias to take his body or to arrest and take his goods And that after the Defendant hath accorded with the plaintiffe there shall be a commandement that the Defendants dore shall be opened and the goods taken and of them to make return at the Court as of forreign attachment Item If any parties come and plead to the Enquest or in Judgment then they shall be ordered according to the usages of the City without any essoyne had as such personall actions before or after Challenges after default And although that such a Defendant that hath pleaded to an Enquest make default after the Enquest be joyned yet notwithstanding if he come afterwards when the Enquest shall be charged he shall have his challenges to the Jurors and shall give his evidences notwithstanding the default Item That when the Enquest is summoned veturned in court the Defendant is not demandable How a Freeman ought to wage his law with seven mens bands After the parties be at issue of enquiry the same parties are not demandable before that the Enquest be summoned but the Enquest may be summoned as well at the suit of the Defendant as at the suit of the plaintiffe And it is to be understood that in a plea of Debt the Defendant may wage his law by usage of the said City that he oweth nothing to the plaintiffe viz. If he be a man in the franchise within the City or resiant within the same City with seven mens hands whereof his own name to be one And such Defendants may make theire Law presently in Court if they have men ready or otherwise shall have day to wage the Law the next Court holden And if the Defendant be a Forreigner Stranger not resiant in the City How a for reigner ought to wage his law with 3 hands he may wage and make his Law presently with three hands his own name being one that he oweth nothing to the plaintiffe and so be quit And if he have not two men ready to make an oath with him This is neither-law nor custome used at this day then the defendant at the request of the plaintiffe ought to go under the custody of a Sergeant of the Court to 6 Churches nearest to Guild-hall and in the same Churches to swear that the oath which he took in Guild-hall was good And then the Defendant shall be brought back to Guild-hall and have his judgment to be quit and the plaintiffe shall be amerced And in the same manner it shal be done in other actions personall where
the Law wager is allowed And where women be in such cases impleaded and wage their Law they may make their Law with men or women at their will That freeman ought to Wage Law in a plea of trespass with 7 hands Item If a Freeman within the City be impleaded by way of trespasse for goods taken or for Battery where no bloud is drawn nor no wound apparent and for other trespasse supposed to be don against the peace such a Freeman so impleaded may wage and make his Law by the usage of the City that he is not culpable with seven hands as is aforesaid Item Actions of Debt or of Covenant are maintainable against Exec. and Admin without especiality and such Exec. and Administrat by usage of the said City when they come to answer they may have their Law by so many hands as the Court will award upon these words That they know nothing of the duty nor of the contract nor of the covenant and that they think in their consciences that their Testator at his death ought nothing to the Plaintiffe nor had broken any Covenant and by such manner be discharged And if a man be impleaded by plaint of Debt for victuals dispended in the house of the Plaintiffe or of rent of his houses let called Hushire in which cases the Defendant shal not have his Law nor no protection in such cases hath beene allowed Item Where a woman that hath a husband useth any Craft within the said City by her selfe only wherewith her husband doth not meddle such a woman shall be charged as a sole woman for all that which toucheth her said Craft And if the husband and the wife bee impleaded in such a case the wife shal plead as sole in a Court of Record and shal have her Law and other advantages by way of plea as a sole woman and if she shal be condemned she shal be put in prison untill she hath made agreement Item The husband nor his goods shall be in such a case charged nor impeached c. Item If a woman that hath a husband A house hired by a woman sale as a woman sole hire any house or shop within the City she shal be charged to pay the rent of the said house and shop and shall be impleaded and pursued as a sole woman by way of debt if need be notwithstanding that she was marryed at the time of the Lease the lessor not knowing thereof Trespasse done by the Wife Item If a plaint of trespasse be made against a man and his wife for a trespasse done by the wife solely then the wife shall answer sole without her husband if the husband come not and shal have plea as a sole woman and if she be attainted of trespasse she shal be condemned and committed to prison untill shee hath made a greement Item Trespass don to the Wife If a playnt of trespasse be brought by the husband and the wife of Battery done to the wife in such case the wife shal be received for her selfe and her husband to pursue and recover damages against the defendant although the husband be not present Item Action of debt where a plaint of debt brought against the husband and the plaintiffe acknowledgeth that the husband made the contract with him by the hand intervening and transaction of the defendants wife Aid of the Wife then the same defendant shal have ayd of his wife and shal have day untill the next Court to consult with his wife and the same day shal be given to the Plaintiffe c. Item How a man shall he termed a Freeman of London When any defendant in plea of debt or other action personall wageth his law as a Freeman of the City and the plaintiffe demands how he is free it behoveth that the defendant alleage that he is free by redemption and if he say that he is free by redemption the plaintiffe may cause that the defendant to shew his Record at the next Court. And if he faile of his Record then he shall be attainted and adjudged convict in the cause And if the defendant alleage that he is free by birth the plaintiffe may say that he was not borne in the City that shall be enquired by the Enquest taken in the said City of such a place where the defendant will alleage that he was borne and that issue is peremptory Item Of contribution by obligees where two or more are obliged with in the City by obligation of debt and every of them in the whole sum then if one of the obligees pay the whole or he to whom the obligation is made bringeth a suite in the same City and recovers the debt against one of the obligees solely then he that paid the debt or is so condemned may sue against the other obligees by playnt or debt jointly or severally to make contribution so that every one shal pay his part according to the usage of the said City saving reasonable answer to the parties Item Of forraigne attachments when a plaint of debt is brought before any of the said Sheriffs and testimony is given by the Officer that the defendant hath no sufficient within the said City and it is alleaged that the defendant hath goods and chattles or debts in other hands or in others keeping within the said City and the plaintiffe prayeth that such goods and chattles may be arrested and an extent may be made of the debts then at the suite and suggestion of such plaintiffe such goods and chattles shal be arrested wheresoever they be found within the City and an extent shall be made of the debts at the perill of the plaintiffe and this done the plaintiffe shal pursue at four courts before the same Sheriffe before whom the plaint was affirmed untill the defendant be four times demanded And if the defendants come not at the fourth Court and hath made four defaults then shal the goods and chattles arosted be taken and delivered to the plaintiff And if the goods amount not to the value of the debts then the debts extended in the hands of the debttors shal be levied and delivered to the same plaintiffe in part of payment of the debt demanded And such arrests of goods and extents of the mony are called forrain attachments according to the custome of the City And thereupon the plaintiffe shall find sufficient surety to the Court by pledge before that the livery there of be made upon this condition to make restitution to the defendant of all the goods and chattles so taken or of the value of the same and of such mony whereof he hath had execution if so be that the defeudane come within the yeare and the day next ensuing into the Court and that he can discharge himselfe and justifie by law that he ought nothing to the plaintiffe at the time in the plaint mentioned And if the same defendaut wil come within the yeare and the day
day be past and the defendant alleageth that the plaintiff is payd parcell of the debt then the plaintiffe at the request of the defendant shal be examined by his oath how much mony is behind And in such a case the plaintiff shal recover nothing over that which he wil swear is due and behind and his damages shal be taxed by the Court. And if against such a single obligation made the Defendant plead that it is not his deed and it be found that it is the defendants deed yet the plaintiffe shal recover nothing but what is found due by Enquest and clearly behind and his damages taxed by the same Enquest and the defendant in such a case shal be fined for denying his deed and in other cases shal be amerced Item Of an obligation upon certain conditions where an obligation is made of a certaine sum upon certaine conditions to be performed by the endorsment or by Indentures thereupon made and thereupon a plaint is made and the parties be at traverse and at issue upon some especiall condition broken and it is found by the enquest upon the parties own shewing against the defendant which is so bound and that hee hath broken that condition yet the plaintiffe shal not recover the whole obligation but he shal recover the damages which he hath sustained by reason of the condition broken and the dammages shal be taxed by the same Enquest and the obligation shal be saved for the saving of the other conditions hereafter But some make a question of this custom Item Of acquittances and other evidences alleaged to be in forraigne parts If an obligation of debt be shewed forth and the defendant alleadgeth that he hath an acquitrance or Indentune or other things ensealed by the plaintiffe the which may stand him in stead and be a discharge against the plaintiffe if he had them ready in hand and say further that the miniment are in a forraigne County and out of the City and be ready to make oath thereof then the same defendant after his oath made shal have a day assigned by the Court to have his said miniments ensealed at a certain Court after according to the distance of the place and thereupon shal finde pledge at his perill to come at his said day and bring the same deed And if he make default at the day or if he faile of that which he alleaged then he shal be condemned in the said obligation and dammages shal be taxed by the Court saving that the Plaintiffe or his Attorney shal be examined of the duty Item Of fugitives If a plaint of debt be made against a Freeman and resiant within the City or by the Law of the City hath a summons because of the Franchise if the plaintiffe come to the Sheriffe and bring with him six or four Freemen and credible of the said City that wil testifie that the defendant is flying away and that he wil withdraw and absent himselfe then the said Sheriffe upon their testimony may arrest the said defendant by his body or goods as of a Forraigner c. Item The Sheriffs may hold before them pleas of taking personal things instead of a Replegiate and avowry may be made and return awarded to such pleas as in the Husting if the cause touch not Free-tenants And such a suit is called (a) A plea of taking and detayning of goods de placito captionis detentionis catallorum and pledges shal be found to make return of the goods or of the value as in a Replegiate Item The defendant shall answer the plaintiffe very presently It is the usage of such actions personally before the Sheriffes that at the first day when the parties appear and the plaintiffe hath counted against the defendant the same defend shal answer the same day without having any day given him to emparle And in the same manner if the defendant pleades any plea or matter alledged against the plaintiff the plaintiff shal presently reply without having a daies respite to emparle without the assent of the parties Item What custome shall be discussed by the Mayor Aldermen If some customes or usages are pleaded or alleged in the Sheriffes Courts whereof the Sheriffes nor their Ministers be fully informed then such customes and usages shal be discussed by the Mayor and Aldermen and that before Judgment thereof rendred And it is to be understood that no adjornment is made in the Sheriffes Courts nor any day given by pre-appointment but only that the parties should keep their day at the next generall Court if it be not upon some speciall cause Item Of actions of debt Actions of debt are maintainable by usage of the simple grants and assignments and of pledges and of a covenant simply without specialty Item Of Tailles ensealed A Taile of debt ensealed by the usage of the said City is as strong as an obligation and when a plaint of debt is made and such a Taile ensealed shewed forth in proofe of the debt the defendant shal not have his law that he oweth nothing nor any other matter no more then against an obligation He may wel say that the day of payment is other then the Plantiff counts Item Of taking Kecognizances the Sheriffs of London use and each of them by himselfe to take Recognizances of debt in their Courts of what sum soever And if the day of payment be past and the mony not payd then at the suite of him to whom the Recognizance was made if he be a Denizen all the goods and chattels of the Recognizor found within the City shal be taken and delivered to the party to the value that the debt contained in the said Recognizance amounteth to without extending any land of the Recognizor And if the yeare be past then a scire fac shal be sued against the Recognizor to come in if he knoweth any thing to say wherefore execution shal not be made of his goods as is aforesaid the which Recognizance shal be entered in the Sheriffes paper Item Safe custody of prisoners The Sheriffs may hold by usage what prisoners soever before them condemned or committed to their custody as well in their houses where they are then dwelling as in common Goales which they are alwaies to hold in ward and not to goe at large out of their houses or the aforesaid Countors Item Of plaints between Merchants and Merchants In plaints of debt and accompts and other personal contracts betweene Merchants and Merchants if the plaintiffes counts that the defendant at any Merchandizing Village or in a place merchantable within the Realme did bargaine for and buy of the same plaintiffe some merchandises or received his mony to pay and deliver unto him or to render account in any place within the said City Note this well And if the parties he at travers and plead to issue of Enquest then shal the enquest be taken of the people
Defendant will verifie that the said Iohn Batemanson in the narration and plaint aforesaid nominated and the said I. B. in the said Record before the said I. H. Chamberlaine nominated are one and the same person and not divers and as wel by the name of I. B. as by the name of I. B. alwaies hitherto knowne called and so he saith c. And the said Defendant saith that he is a Freeman of the said City of London by his Apprenticeship according to the custome All and every which matters he the said defendant is ready to verifie as the Court c. and demandeth that if the aforesaid defendant c. The King to his well-beloved and faithfull William Merre Adam of Shopenhange and to Walter of Padenham assigned for the assessing of the tallage or customes within Our Cities Burroughes and Demesnes within the County of Oxon greeting OUR Citizens and Merchants of Our City of London In the white book the 3. part of the 3. booke fol. 50. have shewed to us That whereas some of them have used to be brought divers their goods and merchandizes from London unto Henley in the County aforesaid there to be sold upon Market dayes and with them to trade from week to week And that some of them buy divers Goods and Merchandizes in the parts there adjoyning to be brought to London for their profit to be made thereby And they hier little houses and places in the said towne of Henley from terme to terme as well for the aforesaid goods and Merchandizes brought thither to be laid up untill they may conveniently sel the same As also for the aforesaid goods and merchandizes brought there in the said parts to be laid up untill conveniently they may carry the same from thence And any certaine houses or Lands or Tenements there they have not neither make they any abode in the same place neither are they in Scot and Lot with the men of the same towne Yea neverthelesse Ye by occasion of such their houses places and goods and their merchandize so put in the same doe thereupon very unjustly distreine them the said Citizens and Merchants to pay Tallage for Custome as if they had their Houses and Lands and tenemants and made their continuall abode or were in Scot and Lot with the said men to the great damage and burden of the said Cityzens and Merchants And because it is not agreeable to Right that Our said Citizens and Merchants in the said case should be taxed with the men aforesaid especially seeing that they may freely exercize their Merchandizes throughout all Our Kingdom c. are taxed for their Merchandizes in Our City aforesaid with their fellow Citizens there as often as any tallage or custome shall happen to be assessed upon the commonality of that City We command you that you do not assesse them our said Merchants and Citizens with the men aforesaid in the case aforesaid But that you suffet them in this behalf to be in peace so long notwithstanding as there shall not be other cause wherefore they ought to be seized there Witnesse my Selfe at Westminster the XIII Day of February in the VI. Yeare of Our Reigne Item In the same booke the 4. part fol. 6. B. side For driving of Carts That no Carter within the Franchize drive his Cart any faster when it is empty then when it is laden for eschewing of divers perills and grievances upon paine of forty Pence to the Chamber and his body to prison at the will of the Mayor Item In the same booke the 4. part sol 6. B. side For that the course of water of Thames which wholy appertaineth to the City is greatly disturbed by the purpresture of the keyes and other adjesments made in the said water to the great perill and damage of the whole City And for the eschewing of greater perils and damages in time to come It is ordayned by the Mayor and Aldermen with the assent of the Commons That hereafter no purpresture shall be made by the making of Keyes nor in any other manner upon the water of Thames without view of the Mayor and Aldermen and Commons and unlesse their opinions and Judgments be that such purpressture will not be unto the danger or hinderance of the City A TABLE OF Sundry Offices and Rooms in the City of London within the Lord Mayors guift ALvegers Searchers and Sealers of Woollen Cloath Attorny ship in the Sheriffs Court Baker of the Bridge-house Bayliffe of the hundred of Osalston Baliwick of Southwark Beadelship of the Court of Request Bell man Clarkship of the Lord Mayors Court Clarkship of the Papers Clarkeship of the Chamber Clarkeship of the Counters Clarkeship of the Bridghouse Clarkeships of the works and Reparationstuffe Clarkeships of the Court of Request Clarkeship of the Commssioners for the enlargement of Prisoners in execution in the Counters Clarke of Bridwell Clarkeship of Blackwell Hall Clarkeship of the Commssioners for inlargement of Prisoners in the Kings Bench. Common Sarientship Common Pleaders Common Hunt Common Cryers Common Controler Comptroler of the Chamber Collector of Scavage Collectors of Wheeleadge on Loudon Bridg. Conduit at Dowgate drawing Water Forrintaker Gauger of Wines and Oyle Keeper of Blackwell Hall Keeper of the Storehouse in Blackwell Hall Keeper of Worsted Hall Keeper of Bay Hall Keeper of the Conduit at Newgate Keeper-ship of Ludgate Keeper-ship of Newgate Keeper ship of the Counters Keeper of the Counters in Southwark Keeper of Bothlen Keeper of the Sessions house Keeper cleane of the Market and Market house in Newgate Marketand Collectors of duties there Keeper of the New-buriall place Keepers of the Wood and Coles for the poor in severall places Measurage of Silks Cloth Linnen Meate Weighers Measurage of Cottons Mesurage of Bayes Packer ship Prothonotoriship Portership of Blackwell Hall Portership of the Bridg house Remembrancer Renter-ship of the Bridge house Renter-ship of Finsbury Sword bearer Second biriship Solicytor ship 3 Sergeant Carvers 3 Sergeants of the Chamber Sergeant of the Channel Stewardship of Sonth wark Stewardship of Finsbury Towne Clarke ship Under Sherifewick Under Water Bayley Weigher of Raw silkes Water Bayly 2 Yeomen of the Chamber 4 Yeomen of the Water-side Yeomen of the Channell 6 Young men PROFITS TO Be received by the Lord Mayor yearly and other Profits arising otherwise Scavage IT appeareth by severall Acts of Court of the Lord Mayor and Aldermen one taken Anno. 4. E. 4. another taken Anno 6. E. 4. by an Act of Parliament 19. H. 7. Cap. 8. and by other Acts of Court and by continuall usage that the Moity of the Profits of the Office of Collection of Scavage is due to the Lord Mayor Measurage of Linnen Cloth and Silke Item There is yearly due and paid to the Lord Maior of the Profits of the Officers of Measurage of Linnen Cloth and Silk which is collected by vertue of an Act of common-Councell made An. 4.5 P. M. 1. l. Item By vertue of an Act of Common-Councell made Anno 4.5 Pet. M. and of Orders of Court Anno 4.5 Pet. M. there is to be paid to the Lord Mayor toward the Feast kept at Guild-hall 1. l. Item There is paid yearly out of the Chamber in respect of Waxherrings and Scurgion which was wont to be yeilded to him by the Marchants of the Still-yard 5. l. 5. s. 8. d. Wines Item Paid by the Chamberlain yearly in respect of 4 Tons of Wine sometimes allowed to the Lord Maior to cause his right of making six Free-men in his yeare 80. l. Major Sheriffes Presenting Mr. Sheriffe at the 18.16.8 d. Exchequer 18.16.8 d. Packer yearly per annum 100. marks Cole-Meators Cole Meators yearly 10 l. a piece and since this rate appointed these places yeeld a greater sum 7 eild per annum 80. l. a piece 3. per an 10. l. a piece 3. The two last of the ancientest are to be disposed for the Profit of the chamber 7 eild per annum 80. l. a piece 3. per an 10. l. a piece 3. Gawning Gawning besides the Rent to the Chamber The Escheatership for London The Escheatership for Southwark The profit of the office of the Cockets Reversion of five offices to be granted yearly at the request of the Lord Mayor to have one of them which shall first fall or of foure the Clarkship of the Lord Moyors Court apart by it self to be granted to one of the Under-clarks serving in the same Court after he shall have served there seven yeares The Clarkship of the Court of Conscience to be granted to the under-clark of the Lord Mayors Court 180. l. FINIS
THE CITY LAW SHEWING The Customes Franchises Liberties Priviledges and Immunities of the famous CITY of LONDON Together with the Names Natures Kinds Jurisdictions Powers and Proceedings of the severall Courts within the same AS ALSO The Titles Qualities Advantages and Profits of the severall Officers and Offices in London And in whose dispose those Offices are Necessary to be known to all Merchants Citizens Tradesmen and others LONDON Printed by T. R. for Timothy Twyford and are to be sold at his Shop within the Inner-Temple Gate 1658. TO THE READER ALthough the Antiquity Honour and Dignity of the Famous City of London is knowne to all Nations Yet the Courts Customes Vsages Franchises Liberties Immunities thereof have beene only within the cognizance of the learned Counsellors some particular Officers of the same City And the books Records wherein the same do lye dispersedly being many and very ancient and privately kept in the City Libraries Recordhouses all men can not have accesse thereunto but some of the City Counsellors having carefully and Judiciously perused those books and collected the same Customes Priviledges and Immunities with the manner of the pleadings in the City Courts and digested and disposed the same into a good order and method and it being conceived that the same are of generall use and cencernment and fit to be knowne by all Merchants Tradesmen and others trading in and about London and to all Counsellors Attornies and Solicitors that practice there The same are hereby made publique for their Information direction and satisfaction An Alphabeticall TABLE OF The principall Matters contained in this BOOKE A ARrest on the Thames without a Sergeant pag. 20.105 Aldermen not to be impannelled 33. Acquittances alleadged to be in foraigne Parts 93. Action of account 103. Amerciaments 106. Of Iurors 108. Of Attornies 109. B Burgage City held in Burgage 6. Bill no Marchandizes to pass without bil 32. Beadels Office 58. C Cornehill Tonne there 22. Citizens may bequeath their Tenement 63. Contribution by obligees 81. Custome What Custome discussible by Mayor and Aldermen 94. Custome to buy and sell in publike places 110. D Debt Actions of Debt 3. Debt Pleas of Debt 3. Devise Who may devise 7. To wife only for terme of life ibi Discontinuances No discontinuances within the City of Assizes 67. Debtor arrested before the day c. 104. E Election of the Mayor 28. Sheriffs 31. Aldermen 33. Common Officers 34 Beadles 34. Porters of the Gates 34. Wardens of London Bridg c. 34. Chamberlaine c. 35. Eyre at the Towre 37. Enquests Fapingdam 53. Exigents 59. Execution of goods and body 107. F Freebant due to Widdowes 17. Fee Mayors fee at Kings Coronation 23. Forraigne attachment 81. Forraigne matters pleaded out of the City 87 Fugitive Citizens 93 G Goods fixed 41 H Houses in the City decayed 26. Hustings What pleadable there 42. House-hire 79 L Landlords 106. M Ministers of the City 2. Malefactors to come before the Mayor c. 5. Mayors Sword 31. N Nusances Assizes of Nusances 4. O Ordinances penall made by the Mayor and Aldermen 4. Orphans 10. Marriage 12. Of Obligations 89. P Processe and abreviating thereof 5. Prisoners condemned 21. Penthouses 27. Proof in forraigne attachments 85 â—â—acitum captionis detentionis 93. R Recognizances Of Recognizances and executions thereupon 3. Retaile Forreigners may not retayle 13. Replegiarie 55 Removing of plaints 104. S Southwarke the Stewes there 25. Summons of Iurors 43. Of Aldermen 59. Scire fac Sheriffs Courts 86. T Testament nuncupative 8. Defective effectuall 8. Rent thereby devised 8. Traspasse by and to the wife 79 80. V Vouching to warranty 47. W Writ of Error 14. Wager of Law by a Freeman 77. Warning to the Landlords 106. Wither nam 22. THE ANCIENT CUSTOMS AND Approved Vsages of the Honourable CITY OF LONDON THE Mayors Court is held by custome of the City before the Mayor and Aldermen that are for the time in the Chamber of Guild Hall or in the Hastings from day to day at their will There are treated determined and discussed the pleas and matters touching Orphans Apprentices and other businesse of the same City And there also are redressed and corrected the defaults and misprisons of such things which are against the Customes and Ordinances of the City as well at the suite of the party as by enquest of office and in other manner by suggestion according as the cases demand And there they use to order the Bakers Brewers Victuallers and Tradesmen and to treat and ordaine for the Government of the City and for maintenance of the peace of our Soveraign Lord the King and other points necessary concerning the said City by their discretion and according to that the time requires Item Of the Ministers of the City the Officers and Ministers of the said City being found in default are justifiable before the Mayor and Aldermen as well at the suite of the parties by processe made as in other manner according to the said Mayor and Aldermens discretion Item Of Actions of Debt the said Mayor and Aldermen have used there also to hold and determine pleas of Debt and actions personall whatsoever by bill aswell between Merchants and Merchants for merchandize as between others that will take them by proces made against the parties Item the Mayor and Aldermen Of recognisances and executions thereupon or the Mayor and Chamberlain of the City may take before them in the said chamber a Recognizance of Debt of all such as will make any and of what sums soever And if the day of payment be incurred then he to whom the Recognizance is made out of this Record shall have execution of all the goods of the Debtor and the moity of all the Tenements within the said city by extent and at a certain rate according to the course of the common Law Of pleas of Debt Stat. of Smithfield Item pleas of Debt according to the Ordinance called The Statute of Smithfield are determinable onely before the Mayor and Aldermen according to that which is more fully contained in the Ordinance thereof made Item Of Assizes of Nusances the Assizes of Nusance are determinable by bill before the Mayor and Aldermen which bill shall be served by the Sheriffes And the parties shall be summoned on the Wednesday against the Fryday and then the Mayor and Aldermen ought to proceed in plea according as is contained in the Ordinance of assize of Nusance in the said City Item Of making of Ordinances the Mayor and Aldermen have alwayes used to make penall Ordinances upon victuals and for other the government of the said City and of the peace according to their discretion and advice and to proclaime the same Ordinance within the said City openly for to be held kept in the name of our Soveraign Lord the King and of the City upon pain thereof ordained and the same paines to levy of all such as