and customes and that by a Statute made after the last Eyre and to put their franchises and customes in certain which things no man can remember May it please your Majesty to command all the said Justices that they be ordered in point of challenge of their said franchises and customes as they were wont anciently to be ordred in other Eyres before the Statute and that by no Statute repugnant to their said franchises and customes they be bound or deprived of their Franchises and ancient customes and thereupon a Writ was sent to the Justices to surcease Whereas in time past A Writ to surcase there arose by some a matter of doubt of and upon the most ancient custome had and used in the city of London An ancient custome in the city of London for tenants for fixing goods of those things which by tenants for terme of life or for yeares were fixed to the houses without speciall licence of the Lord of the Soyl whether they should remaine to the Lords of the Soyle as parcell of the same or whether it should be lawful for such Tenants at the end of their tearme all such things that be fixed to remove Whereupon ancient Books being viewed and many Records searched and ancient proceedings and Judgments of the said city It was declared by the Mayor and Aldermen That by the old prescript custome of the aforesaid city That every of the said kinds of easments fixed to houses or to the ground by such kind of Tenants without speciall and expresse licence of the Lord of the Soyle if they be fixed with nailes of Iron or of wood as Pantises Glasse Locks Benches or such like or if they be affixed with Lime or clay commonly called Morter as Fornace Lead Candirons Chimneyes Corbels Pavements and such other or else if Plants they be rooted in the ground as Vines Trees Orchards c. It shall not be lawfull for such Tenants at the end of there Termes or at any time to pluck down remove or root out them or any part of the premises by any meanes but they alwayes remain to the Lord of the Soyle as parcell of the same Soyle or Tenements Mustings c. It is to be understood that all the Lands and Tenements Rents and Services within the city of London and in the Suburbs thereof are pleadable at Guild-Hall within the same city in two Hustings whereof the one Husting is called Husting of Plea of Land and the other Hasting is called Husting of Common-Pleas And the which Hustings are held in the said Guild-hall before the Mayor Sheriffes and Aldermen of the said city every weeke the dayes Munday and Tuesday viz. On the Munday to demand the demaudauts and to award nonsuites to allow essoynes and the Tuesday to award the default and to plead Writs of right Pattents But for certaine times no Hastings may be held by the custome of the city afore said viz. Husting of plea of Land ought to be held a week by it selfe at the aforesaid dayes But the enrolments and titles of the said Hustings make mention of Munday only Writs of Right Pattents In Husting of Plea of Land are pleaded Writs of Right Pattents directed to the Mayor and Sheriffes of London which Writs have this processe by custome of the city viz The Tenant or Tenants shall first have three summons at the cenements demanded at three Hustings of Plev of Land next ensuing after the livery of the Writ and of the Hustings without demanding the tenements at any aforesaid And after the three summons ended three essoynes at three other Hustings of Plea of Land then next ensuing and at the next ensuing after the third essoyne and the Tenants making default processe shall be made against them by a grand cape or petit cape after the appearance and other processe at the common law And if the Tenants shall appeare the demandants shall count against the Tenants in the nature of what Writ they will except certain Writs which are pleadable in Husting of common-Pleas as shall be declared afterward without making protestation to see in the nature of any writ And the Tenants shall have the view and shall be essoyned after the view as at the common-law And the Tenant shall have an essoyne after every appearance by custome of the City And although that such a writ be abated after the view by exception of joint-tenancie or other exception dilatory and other such Writ be revived the tenants by the custome of the City shall have the view in the second Writ notwithstanding the view before had And if the parties plead to judgment the judgment shall be pronounced by their Recorders mouth and six Aldermen were wont to be present at the least at the giving of every such judgment And every Bedell of the City by the advice of his Aldermen The Jurors summoned against every Hustings of Plea of Land shall summon 12. men Free-holders being the best and most sufficient of his Ward to come to Guild hall for to passe in an Enquest if there be need for the rest of the free-holders in the said Ward And if the parties plead and discend to an Enquest then shall the Enquest be taken of the people inheritors haveing at the least frankten ement of the same Ward where the Tenements are and other three wards next to the place where the Tenements are so that foure sufficient men of the same Ward where the Tenements are shall be sworne in the same Enquest if there be so many And no dammages by custome of the City are recoverable in any such Writ of Right Pattent And the Enquest may passe the same day by such common summons of the Beadell if the parties be at issue and the Jurors come And otherwise processe shall be made to cause the Enquest to come at another Hasting of Plea of Land ensuing by precept of the Mayor directed to the Sheriffes And the Sheriffes shall be ministers by the commandement of the Mayor to serve the writs and to make execution thereof Notwithstanding that the originall writ be directed to the Mayor and Sheriffes joyntly And it is to be understood that as well the Tenants as the Demandants may make their Attornies in such Pleas. And if the Demandants count against those Tenants in the nature of a Writ of right and the parties discend to an enquest upon the meereright then shall the enquest be taken of 34. in the nature of a grand assize according as the custome requires so that alwayes six be of the Ward where the Tenements be if there be so many of the same ward empannelled in the Enquest of 24. Vouching to warranty And the Tenants in all such writs may vouch to warranty within the said City and also in a forreign county if the Vouches haue no tenements within the City And if the Tenants in such writs do vouch to warranty in a forreign County in which case processe may not be made
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
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
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
against the vouches by law of the said City then the Record shall be made come before the Justices of the Common-Pleas at the suit of the Demandant and there processe shall be made against the vouchee and when the voucher shall be ended in the said Bench then shall all the plea be sent back again to the Hasting there to proceed in the plea according to the custome of the City and according to that which is fully contained in certain Statutes And also if the Tenants in such writs plead in barre by a release bearing date in a forraign County or plead other forraign matter which may not be tryed within the said City then the Demandant shall bring the processe into the Kings Bench for to try the said matter as it is alledged and according as it is found the plea shall be sent backe againe into the Husting there further to proceed according as the case requires and all the same time the plea shall cease in the Husting in manner as it is done at this day And also it hath been used heretofore that a man might sue in the Husting of plea of Lands for to have Execution out of certain Judgments given in the Husting and that by Bill in the nature of a scire face without Writ And it is to be understood that the summons which are made to the tenants in such writs of Right may be made two or three dayes before the said Husting or the morrow next before the said Husting In the Hustings of Common-pleas are pleadable Writs Awrit of exgravi qurelea called Ex gravi querela for to have execution of the tenements out of the Testaments which are inrolled in the Hustings Writs of Dower unde nihil habet Writs of Gravelkind of custome and of service instead of a Cessavit Writs of Error of Judgments given before the Sheriffes Writs of waste Writ de partitione facienda betweene Coparteners Writs of quid juris clamat and per quae servitia and others The which Writs are close and directed to the Mayor and Sheriffes And also Replegiaries of things taken of distresses wrongfully taken are pleadable before the Mayor and Sheriffes in the same Husting of Common-pleas by plaint without writ And it is to be understood that the same Sheriffes are ministers to execute the office and serve all the Writs and Replegiaries by a precept of the Mayor directed to the said Sheriffes and the processe is after this manner First in a Writ of ex gravi querela warning shall be given to the tenants viz. two or three dayes before the Husting or in the morning before as in a Plea of Land and so shall be done of all other summons touching the same Husting And if the warning be given and testified by the Sheriff or his Ministers the tenants may be essoyned once and if the tenants make default at the said warning testified then shall the grand Cape be awarded if they appeare they may be essoyned after the view and thereupon all other processe shall be made fully as is said in a Writ of Right Patent in the Hustings of the Pleas of Land Item In a Writ of Dower unde nihil habet the Tenants shall have at the beginning three Summons and one essoyne after the three Summons and afterwards shall have the view and after the view one essoyne and the tenants in such a Writ of Dower shall have the view although they enter by the same husband of the Demandant and also notwithstanding the husband died seized And also the Tenants may vouch to warranty and be essoyned after every appearance and also other processe shall be made as in a writ of right in the Husting of Plea of Land And if the Demandant recover Dower against the Tenants by default or by Judgment in Law in such a Writ of Dower and the same woman demandant shall alleadge in Court of Record that her husband died seized then the Mayor shall give commandement to the Sheriffes by precept that they summon an Enquest of Neighbors where the Tenements are against the next Husting of Common-pleas to enquire if the husband died seized and of the value of the tenements and the dammages shall be enquired of by the same Enquest Item In a Writ of Gravillete the tenants shall have three summons and three essoines they shall also have the view they may vouch to warranty Denizen and Forreigner and they shall be essoyned and they must enter their exceptions and all other processe shall be made as before is declared in a writ of Right in the Husting of Plea of Land saving if the tenant make default then the demandant shall have Judgment to recover and hold for a yeare and a day upon this condition that the tenant may come within the same year and day next ensuing and agree for the arrearages and finde Surety as the Court shall award to pay the Rent within the services loyally after ward to have againe his tenements And within which yeare and day the tenant may come and cause the demandant come in Court by a Scire fac Ascire face brought by the tenants with in the yeare and day and have again his tenements doing as is aforesaid Then after the yeare and day the demandant shall have a Scire fac against the tenant to come and answer if he can any thing say A sctre fac brought by the demandant after the yeare day wherefore the said demandant ought not to held the tenements quietly to him and his heires for ever And if the tenant come not or if he come and can say nothing then the Judgment shall be that the Demandant shall recover the tenements quietly for ever according to the Judgments called Shartford by custome of the foresaid City In a writ of wast processe shall be made against the tenants by summons attachments Of a writ of waste and distresses according to the statutes thereof made and if the tenants come and plead then he shall have noe essoyne and so after every appearance and if he make default at the grand distresse then there shall be a commandement to the Sheriffe by precept from the Mayor that the Sheriffe should see the place wasted That the Enquest shall not tax but simple damages and the court shall treble it This is enacted by the Statute of Gloc. capiat and enquire of the waste and damages according to the statute and that the enquest should returne at the next Husting of Common-Pleas and the Plaintiffe shall recover the place wasted and treble damages by the Statute Item In a Writ of Error of Judgment given in Court before the Sheriffe in actions personall and in assize of novel disseisin or mortdancestor taken before the Sheriff and Record the Writ of Errour shal be directed to the Mayor and Sheriffes and the Mayor shal make his precept to the Sheriffes to cause them to bring the Record and processe at the next Husting of Common
Pleas and that they warne the parties to heare the Record And after that the Record and Processe be in the Husting although the Defendant come by the warning or make default the errours shal be assigned and there the Judgment shal be affirmed or reversed as the Law requires And it is to be understood that by the usage of the said City when a man is condemned in debt or attaint of dammages in any action personally before the Sheriffs and bringeth such a Writ of Errour he himselfe which bringeth the writ ought and was wont before that he be delivered out of prison to find sufficient surety of men abiding in the same City before the Mayor and Sheriffes to pay the mony or to have the body forthwith comming in case that the Judgment be affirmed And so it shal be done where dammages shal be recovered in Assizes before the Sheriffs and Coroner c. Item In a Replegiarie Replegiarie the processe is such If any man take a distresse in an other mans ground within the said City he to whom the goods belong may come to one of the Sheriffs and have a minister by commandement of the Court to goe to the party that tooke the goods and if he may have the sight to take the same goods by two wise men and then there shal be a plaint made in the Sheriffes paper in this manner Such a one maketh his complaint against such a one of his goods unjustly taken in his house or in his freehold in such a Parrish And the same party shal there find two sufficient pledges to pursue his plaint and to make returne of the goods or the price thereof in case that the returne be awarded and so he shal have the deliverance And the parties shal have a day prefixed at the next Husting of Common-Pleas the Sheriffe shal make a Bil contayning all the matter and the plaint and shal bring the same Bill to the same Husting and there it shal be put on the File and the parties shal be called for At which day the one and the other may be essoyned of common essoyne And at what time soever the Plaintiffe makes default returne shal be a warded to him that hath them and the returne in such case is awardable three times by the custome and at the third time not replevisable And at what time soever he that hath them maketh default then it shal be awarded that the same goods shal remaine to the Plaintiffe viz. they shal remaine without recovering of any dammages And if so be that the Sheriffe may not have a sight of the distress taken then he shal so certifie in the said Husting and there shal be awarded a Writ of Withernam and thereupon processe shal be made And if the parties come avoury be made they may plead to a Judgment or to an issue of enquest according as the case requires And the parties may be essoyned after every appearance And if the party claime property in the distresse then that certified in the Husting processe shall be made by precept directed to the Sheriffe to try the property And though the party be essoyned to serve the King in a Replegiary and at the day that he hath by essoyne maketh default or brings not in his warranty he shal be amerced In a writ de partitione fac to make partition between partners of tenements in London a writ close shal be directed to the Mayor and Sheriffs containing the matter according to the forme of such a Writ And the parties shall be warned by precept of the Mayor directed to the said Sheriffs and the tenants may be essoyned and if they come they may plead their matter and if they make default the Partition shall be awarded by default Item Of the Bedle every Bedle by the advice of his Alderman against every Husting of Common-Pleas shall summon 6 Free-holders the better and sufficienter of his Ward to come to the aforesaid Guild-hall to passe in Enquest if there be need if there be so many Free-holders in the said Ward And the Enquest shall be presented as is aforesaid in the Husting of Plea of Land Item Of Exigonts Briefs of Exigent are demandable in the Husting as well in the Husting of Common-Pleas as in the Husting of Pleas of Land But those Exigents that are demanded in the one Husting shal not be demanded in the other Husting And at the fifth Husting the outlawries and veniries shall be awarded in full Husting before the Mayor and Aldermen by the mouth of their Recorder And also all Judgments that are given in Husting after every Husting shall be enrolled sent to the Chamber of Guild-hall afore-said Item It is to be understood that all the amerciaments made at those Hustings do appertaine to the Sheriffes of the City Item The Aldermen of London are summoned to come to the husting Of summoning the Aldermen to the Husting and they ought by usage of the said City to be summoned by an Officer of the Sheriffes Of exigents Of summoning the Aldermen to the Husting sitting upon a horse of a 100. S. price at least And if it happen A taile that between Merchant and Merchant or Citizen and Citizen there be debate of Debt and a tayle be shewed forth by the party and such tayle be denyed the partie that bringeth the tayle shall make his proofe according to the Law Merchant but shall prove the same by Citizens or Merchants or other good and loyall men Of assize of Mertdancester not by villaines Item The Assizes of Mordancester are held and determinable before the Sheriffs and the Coroner of London on the Saturdayes from fourteene deyes to fourteene dayes at the Guild-hall the processe wherein is in this manner viz. He that will have such assize shall come in the Husting or in the congregation of the Mayor and Aldermen in the Chamber of Guild-hall any munday as it is said in the assize of freshforce shall make a Bill containing the forme of assize of Mortdancestor according to the case and the Bill shall be enrolled And afterward the common Clerk shall make another Bill containing the whole matter of the first Bill making mention of the title of Husting or of the day of the Congregation of the Mayor and Aldermen and that Bill shall be sent to the Sheriffes or to one of them to serve according to the custome And which Bill shall be ferved by any Sergeant or other Minister of the Sheriffes viz. The said Minister the Wednesday next after the livery of the Bill shall make his summons at the tenements demanded by witnesse of two Free-men of the Cittie which ought to be at Guild hall the Saturday next ensuing to array and summon the Jurors and so afterwards against the Saturday from fourteene dayes to fourteene dayes at their wills and so may the tenants sue if they will for their deliverance And the arraignments of the panneis of such