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
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
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
hath well and loyally served his terme he shall be a Free man of the City without other redemption where no other may come to the freedome without redemption save such that are born within the said City of what Countrey soever they be of the allegiance of our Lord the King by usage of the said City are also Free-men by their Mystery having regard to the priviledges of the Franchise as such as have been Apprentice or otherwise have come to the Freedome by redemption And women covert that use certain crafts within the City by themselves without their husbands may take women to their Apprentices for to serve them learne their Crafts And the which Apprentices shall be bound by their Indentures Apprentices to the husband and his wife to learn the Mystery of the wife as is aforesaid And such Indentures shall be enrolled as well of women as of men And it is to be understood that every one having such apprentice may sell and devise his said apprentice unto whom he will of the same Art as is chattell Item To arrest on the River of Thames The River of the Thames doth serve as the bounds of the Franchise of the City for part and parcell of the City and the same River and all appertaining to the said River being within the said Franchise hath been alwayes in the government of the same City as parcell of the City aforesaid aswe I the one part of the River as the other And the Sheriffes of London that are for the time being have alwayes used to make arrests and serve executions at the suit of the parties in the said River of Thames viz. from the East part of London Bridge untill the return and from the West part of the said London Bridge unto Stanes Bridge Item The said Sheriffes of London ought by usage of the City co have forfeitures of the chattels of all kind of Fugitives and Fellons and of Derdans within the said City and the said River of Thames in ayde of their Farme which they pay yearly to our Soveraigne Lord the King Item By custome of the City no attaint is maintainable nor lyeth within the same City Item By ancient custome of the City no man remaining within the same City was wont to be taken or carryed out of the said City by colour or claime of villenage before that the matter was discussed by course of Law Item if a Free-man of the said City comming or passing with his merchandize else-where out of the same city be constrained to pay Toll or other custome or that his Wares be arrested or stayed wrongfully and without reasonable cause and that it be sufficiently witnessed by men of credit then if afterward the goods or Marchandizes of him that did the wrong or the Goods or Merchandizes of others of the same Village where the wrong was done be found within the City of London the use is at the suggestion of the party to arrest such goods and merchandizes by the Ministers of the City and to detaine them in the name of Withernam Withernam untill agreement he made with the said Free man for the dammages which he hath sustained by the cause saving always reasonable to answer that party as wel to the one party as to the other Item Of the Tonne in Cornhill The Citizens of London of ancient time ordained a house called the Tonne in Cornhill To which house the Constables Bedels and other Officers and people of the City into the same have used to bring and there for the time to imprison the trespassers going in the night against the peace marryed men and women found in adultery and Chaplains and others religious found openly with common women or with other mens wives in the night in suspitious places and after to lead them before their Ordinaries Item The City of London hath conusance of Plea by the Kings charter And there is a use that no Freeman of the same city shall implead another Free-man of the same city otherwhere then in the same city where he might have recovered within the said city upon pain of losing their Freedome Item Of the Mayors fee at the Kings eoronation He that is Mayor of London for the time shall have a Golden Cup at the Coronation of every King And also there are other priviledges pertaining to the said Mayor and City at such coronation of the King according to the ancient custome of the city Item The use is that the chiefe Butler of our Soveraigne Lord the King shall be the chiefe Coroner of the city of London and the which Coroner hath used to make by Writ a Substitute in his place which Substitute is called Coroner and before whom the Indictment and Appeales are taken within the said city before the two Sheriffes and the Coroner joyntly Enquest taken upon the death of a man upon the first sight of the body are chosen out of the four Wards next adjoyning and summoned by the Bedels of the same Wards And all other enquests taken before the Sheriffes Coroner joyntly ought to be arrayed and summoned by the Sheriffes and their Officers Item Heretofore where any Theife being in the Goal of Newgate hath appealed another Theife being in some other Goal that Theife remaining in the other Goal was wont to be sent for by Writ to the said Goale of Newgate to answere to the said appeale and to have his deliverance there And in the same manner if a Theife being in another Gaole hath appealed another man abiding in the said Goale of Newgate or any other of the said city the same appealor being in another Goale shall be brought by Writ to the said Goale of Newgate to maintaine his said appeale there and no Theife being in the Goale of Newgate taken with the manner shall be carryed out of the said city to be at his deliverance before the Mayor of London and other Justices assigned for the said Goale of Newgate Item Southwarke Because that the Village of Southwarke and the Common Stewes over the River of Thames Common-pleas are so neere to the said City of London and that Thieves and other misdoers are often-times from thence comming and repairing and often-times after their Theeveries and Fellonies committed within the said City flye and withdraw themselves out of the same City unto the said Stewes and to the said Village of Southwarke within the Franchize there being out of the power of the said City where they abide and watch their times to return to do mischeif Wheras the ministers of the same city have used at all times to pursue and search for such Thieves and Evill-doers at the said Stewes and in the said Village of Southwarke as well within the Franchife as without and to bring them to the said Goale of Newgate to attend their deliverance there before the Justices as wel upon suspitions as at the suit of the party Item Of Prisoners condemned Where
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