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
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
the Sheriffes and there make his suit as the law requires c. Item Of merciments Touching the amerciaments taken upon the plaints in the Courts of the Sheriffes it is used if the demand be of 40. s. or under to take 4. d. and if they passe 40. s. the usage is to take 12. d. for the amerciament Item Of Landlords If a lessee within the City be fugitive or absent himself whereby his goods within the house be arrested yet the lessor called the Landlord shall be served before all others for the rent of the house being behind by two years and for so much money goods shall be left within the said house to the use of the said Landlord And although that such a Farmer within the said City commit Fellony Of giving warning to the Landlord or other contempt for which his goods and chattels are arrestable and subject to forfeiture yet the lessor by usage of the City shall be paid for his rent behind by two yeares as is aforesaid of the goods found within the same house Item Warning to the Tenant Where there be tenants within the City holding at will and will go out of their houses and surrender the same up they shall give warning to the lessor before their departure viz. of the houses that they have to farme for 40. s. rent and under they shall give warning by a quarter of a year before the departure at the perill of the tenant And in the same manner Of Execution at the. choise of the Plaintiff warning shal be given to the tenant if the lessor will put out the tenant c. Item When a man is condemned at the parties suit in debt or in dammages before the Sheriffes the party that hath so recovered may make choyce to have the body of him which is condemned committed to prison untill he hath made an agreement or to have of his goods at his perill Item Of Maynpernors and Attorneys received in the counters The pledges and Maynparnors and Attornies taken and received within the Sheriffs Countors and other processe there made are held to be of record as well as at the Courts holden within Guildhall Item Of Attornies Every Alderman of London may by usage record Attornies in pleas depending in the Sheriffes Courts and else-where in the Hustings and in the Chamber Item Of day given to the Enquest When an Enquest between parties is joyned and sworn before the Sheriffes in pleas personall if the parties will agree the Court by usage may give day to the Enquest to advise themselves of their verdict untill some day ensuing in manner as the parties may accord and that at the perill of the plaintiffe if any Juror dye or any other case happen in the meane time Item The amerciments of Inroes The Jurors which are summoned in an Enquest are not to be amerced although they make default above 3. d. but if they tarry long and will not come the Sheriffes by usage may shut up their doors and constrain them to come Item Enquest of Office The Enquests of office which are taken by the Sheriffe to inquire of frayes and batteries made against the Peace are not traversable by new Enquest by usage but at the parties suit every party shall make his answer notwithstanding the Enquest of office Item It is to be understood that there be other points and usages touching the Sheriffs Court whereof a man cannot have remembrance of all c. Item Of generall Attoenies That all generall Attornies made and received within the Countors of the Sheriffes of London are held to be upon record as well as if they were taken at the Courts held at Guild-hall And such Attornies are and ought to be entred in the grand paper of the aforesaid Sheriffes for the fee thereof due c. Item That none shall offer any injury in deed nor word to the Sergeants or to the Bayliffes of the said City nor that none disturbe them in doing execution of judgments attaches distresses or other things which pertaine to Bayliffes or Sergeants to doe and which are commanded them upon pain of imprisonment and to make ransome according as the custome willeth to be done Whereupon Custome for citizens to buy and sell in publicks open places as to the taking of the said sa it the action lyeth nor for that the City of London is an ancient City of the King of England that now is And that in the said City there is held and time out of mind whereof the memory of man is not to the contrary hath been holden a common Market every holyday as well for the Citizens of the said City as for all other men whomseover to buy and to sell all and all manner of things and merchandizes in all publicke and open places within the City and the Suburbs and Liberties of the same so that one of the contractors be a Freeman of the said City of London And the said defendant saith that as to the trespasse when c. A. B. was possessed of the said salt and he so being of the said salt possessed c. that is to say on the 20. day March c. in the fifth yeare of the King that now is being a holyday the said A. B. in one open place viz. in an open shop of the defendants scituate in the parish of St. c. London aforesaid of the said City of London openly did sell to the aforesaid defendant the aforesaid salt and the cover thereof for 10 l. which the said defendant so the said A. B. then there did pay By reason whereof the said defendant in the time and place where the trespasse is supposed to be done c. the said Salt of his Cover then and there took and carryed the same away as lawfull it was c. which said taking and carrying away of the said Salt and Cover are the same taking and carrying away of the said Salt and Cover whereof the said plaintiffe c. And the said plaintiffe by his aforesaid Attorney cometh and requireth according to the custome of the said City of London how the said defendant is a Free man of the said City And the said defendant by his Attorney aforesaid saith that by his Apprentiship that the Twentieth day of May in the seventeenth Yeare of the Raigne of King H. 8. He by the Name of Thomas Barne of Dale in the County of Liccester Husband was Apprentice unto John Ward Citizen Alderman and Grocer of London and in his Apprentiship stood according to the custome of the said City and admitted into the liberty of the said City and sworne in the time of Iohn Rudston then Mayor of the said City and Iohn Husse then Chamberlaine thereto and entred in the booke which is signed with the letter M. of the buyings and admissions of Freemen as of Record before the said Chamberlaine fully appeareth Moreover that the said
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
defaults in the same Wards and shall take order concerning victuals as else-where is declared more fully in the Articles of Wardmoats And the Aldermen have power by usage of the said city to arrest mis-doers and commit them to the enstody of the Sheriffes untill they be examined and delivered by the same Mayor and the same Aldermen Item That Aldermen shall not be empannelled An Alderman after that he hath been once made Alderman or a Sheriffe after that he hath beene a Sheriffe shall not afterwards be empannelled nor put in any Enquest within the same City by usage of the said City And of every Feoffment and Seisin delivered within the ward the Alderman of the Ward where the tenements are shall have his Fee for Seisin viz. 2. s. and his Bedell 6. d. Item The Aldermen â— s. the Beale 6. d. Of the election of common Officers All other common Officers of the aforesaid city as Recorder Chamberlain Wardens of the Bridg common Sergeants at Law common Sergeants at Mace common Clerke and Sergeant of the chamber are chosen by the Mayor and Aldermen and by the commons Bedels elected by the Aldermed and by the men of the ward And the Bedels are chosen by the Aldermen and by those of the Ward And all the gates of the city ought to be in the hands and government of the said city except Bishops gate which gate belongs to the merchants of the Hans Porters of the Gates chosen by men of the City according to the forme of the composition And the Porters of the said city are chosen by the same city Item Touching the Keepers of London bridg The Wardens of London Bridge are chosen by the Mayor and Aldermen and by the commons of the said City The which Wardens have the charge of the said Bridge and the governance of the Tenements within the said City pertayning to the same Bridge And every Cart or Wagon going or coming upon the same Bridge with Merchandizes shall pay to the use of the said Bridg 2. d. And every Ship or other Vessell with Merchandizes passing by water to the said Bridg towards the West Cart or Wagon th pay 2. d. with the Mast standing so that the Bridge must be drawne up shall pay for the passage to the use of the said Bridge two pence Vessles Westminster 2. d. Vessels Eastward 6 d. and that Vessell passing there also toward the East shall pay six pence and the same Wardens are every yeare acountable before two Aldermen and foure Commons thereto assigned Item The Chamberlaind of Guild hall chosen by the Mayor and Aldermen and by the Commons Of the election of the Chamberlain and his Office and it pertaineth to the Office of the said Chamberlaine to oversee and keep all the Books Rolles Records and other Monuments Remembrances that there ought to remaine of Record and the treasure if there be any and also to keep and maintayne all the Rents and Tenements pertaining to the said chamber Of the Rents belonging to the chamber Of the tenements goods of Orphans And he shall also keep the Tenements and the mony and the goods and chattles which are devised or descended to Orphans untill they be committed to other persons nor otherwise disposed by the Mayor and Aldermen And he shall cause the Indentures of Apprentices to be enrolled and he shall make those Apprentices to serve And for such as are made free by redemption he shall set the Fines of such redemptions and he shall take fines of such as are rebellious to their Masters or Guardians and for certaine other defaults committed against the Ordinances of the City And the money therof coming he shall receive and keep out thereof shall pay to divers Officers their wages as to the Recorder common Sergeant at Mace and shall make other disbursments pertaining to his office and shall render an accoumpt once in the yeare how much he hath received payd and spent and that before two Aldermen and foure Commoners assigned by the May or and Aldermen Of priviledâ— in the circuâ— of the Justicâ— at the Tower of London And also the Cityzens of London heretofore have claimed and ought to have many liberties and priviledges in the Eyre at the Tower of London viz. They ought to have their porter stand within the gates of the Tower and the porter of our Lord the King shall be within And their Usher at the Hall doore without where the Pleas shall be held within the Tower during all the Eyre for the bringing in of the people of the City which have to do in the same Eyre And the Usher of our Lord the King shall no otherwise meddle there during all the Eyre of that thing which appertaines to the Office of the Sergeant And that the Citizens shall make no other oath but by the Faith they owe to our Lord the King And that the Sheriffes of London shall have the custody of all the prisoners in all the Eyre And that none of the said City of London or in the Suburbs thereof except that the Plea be fore begun in the Husting of London and after be removed before the said Justice in Eyre because that he which is impleaded doth vouch a Foreigner to warranty who hath nothing within the franchise of the said City but by disseisons made in the said City after the Summons of the Eyre And that the Pleas begun in the Court of London and there depending ought there to be ended and ought not to be sent or removed before the Justices of our Lord the King except some matter be alleaged by one of the parties of which the court cannot hold conusance nor hath power to determine thereof And their are many other points and priviledges which will more fully appear in sundry Eyres holden at the said Tower of London And also many other liberties priviledges and customes are pertaining to the city of London whereof no man can remember them all to set them down in writing being only recorded by mouth when they came in truth by custome of the same city viz at the last Eyre held at the Tower of London they ought to be bound by the customes where upon the same Citizens did sue their Petition to the King in these words The Cities Petition to the Kings HIGH and Mighty Lord whereas your said City is founded upon the Franchises and free ancient Customes and not upon the common Law as other Cities of your Realme The city is found upon franchises and free ancient customes More it is enacted by the Great Charter That the city of London should enjoy all its Franchises and free customes unblemished and the same Franchises and customes be to them by your Progenitors granted and by your self confirmed and they ever from time to time used in Eyres and else-where before the Justices at what houre they doe come in deed or in demanding their Franchises
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
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
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
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
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
as is aforesaid before execution or after and find surety to justifie himselfe and plead with the plaintiffe then he shal have a scire fac out of the same Record against the party that hath had such execution to warne him to come to the next Court if he knowes any thing to say why restitution should not be made in manner aforesaid And if he against whom the scire fac is sued be warned and and make default or that it be testified that he hath nothing in the City Scire fac then he that made the scire fac shal have restitution of all such goods and chattels so taken or of the value thereof and of all the monies which the party hath received by the foraigne attachment In the same manner he shal have restitution if he can discharge himselfe by way of plea. And in the same manner restitution shal be made according to the rate of proportion if the defendant can discharge himselfe by way of plea of parcell of the debt although he cannot discharge himself by way of plea of the whole And if the party that hath had such execution be not sufficient to make restitution in the manner aforesaid then his pledges shal be charged And if he upon whom such forraigne attachment is made come not within the yeare and the day to justifie himselfe as is aforesaid then he shal be barred for ever after And it is to wit that having such foraigne attachment if any other will come in Court of Record before the 4 default be recorded The proof in forraign attachment or afore execution be sued and be ready to prove that the goods arrested were his proper goods at the time of the arrest made and yet are and not his for whose goods they were arrested and that that party for whose goods they were arrested hath no property in the same goods nor any other whatsoever but himselfe alone to the value of a groat then he shal have the proof and shal answer in manner aforesaid by himselfe and shal have delivered unto him all such goods so arrested or parcell thereof according as he hath made the proof thereof Item Of the same Likewise a servant shal make proof of his Masters goods being in his custody according to the discretion of the Court. And also if the defendant in such forraigne attachment come in Court at the 4 default recorded or before he shal be received to pleade with the plaintiffe And in the same manner shal be received if he come before execution sued so that the plaintiffe be present in Court or otherwise be warned And in the same manner in such forraigne attachment those in whose hands any goods be arrested by suggestion of the plaintiffe And those in whose hands any monies be extended may come in court of Record before the same Sheriff and be excused and discharged by their oath that they have no such goods in their custody and that they owed not a peny to such defendants at the time that the arrests and extents were so made in their hands Item Of forraigne matter pleaded out of the City where a man is impleaded before one of the Sheriffs of London by plaint of debt the plaintiffe sheweth forth an obligation bearing date in London in proof of his debt whether the said obligatian be simple or endorsed or by Indentures concerning the same in such case by usage of the City the defandant shal not be received to plead any acquittance or release of the plaintiffe bearing date in a forraigne County nor any payment made nor condition nor other matter which may not be enquired and tried within the same City And if the defendant in such a case plead any such accquitance or release or alleadge any payment or other matter to be done in a forraigne County out of the said City to put the Court out of jurisdiction and if that such a defendant wil not say any other matter he shal be concluded for default of answering But if it happen that the endorsement of the obligation or the Indentures thereof made do make expresse mention of doing or performing any condition or if other matter be alleaged by the defendant then the Court shall surcease and it shal be said to the plaintiffe that he sue at the Common Law And in the same manner is used a plaint of trespasse and other actions personall of bargaines and contracts made within the said City and the defendant shal not be received to plead nor alleage a matter out of the said City if not such a matter that may be enquired of and tried within the same City Item Of an obligation dated at a certaine place Where an obligation is produced which beareth not date in any certaine place and the plaintiffe in this court doth alledge that the said obligation was made in a certaine Parish within the City of London and the defendant alleageth that the same obligation was made in a certaine place out of the City and be ready to averre the same and therewithall doth plead a matter there in avoidance of the said obligation And the plaintiffe offereth to try by the Country that the said obligation was made within the City of London in manner as to the Court shal seeme good in such case is used to take the enquest in London and the Parish where the plaintiffe counced that the obligation was made if the plaintiffe pray the same And if it be found that the obligation was made in London as the Plaintiffe hath proposed by his coâ—ur then shal the desendant be condemned in the debt and in the dammages to be taxed by the same Enquest Item Of a double obligation where an obligation is made double by endorsement or by Indentures and the party bound is impleaded and acknowledgeth the obligation and the day of payment is incurred as it may appeare by the same obligation yet notwithstanding the plaintiffe ought to recover but only the cleere debt which is behind and that by the oath of the plaintiffe or by the true information of his Attorney if the plaintiffe be not present and not the double debt contained within the said obligation And his dammages shal be taxed him by the Court according to the time past by their discretion or by the Enquest And although the defendant in such a case against such a double obligation made pleads that it was not his deed or that he hath performed the dayes of payment contained in the said endorsment or in the Indentures thereof made or other like matter and thereupon puts himselfe upon the Enquest it is found against the defendant by verdict of the Enquest Yet the plaintiff shal recover nothing but that which is cleerly found due by the Enquest viz. the single duty and his dammages taxed by the same Enquest And if the obligation be single which is shewed forth and the party defendant doth acknowledg the obligation and the
of the said City and of the merchandizing towne where the contract is supposed to this intent that such merchants may have notice of the same contract Item Of the same The Sheriffes of London have alwaies used to hold pleas before them betweene what merchants soever where both parties are Merchants of all bargaines and personall contracts which touchcing merchandize made beyond Sea at the merchandizing town or place merchandizable where the bargaines and contracts are made by expresse words upon payment or delivery of the merchandize or to render account within the said City of London And in such a case if the parties discend to an issue of Enquest then shal the Enquest be taken of men remayning within the same City viz. of Merchants travelling that use to passe over the Sea which best may have knowledge of the aforesaid bargaines and contracts And if any forraigne Merchant and Alien be party to the plea and such enquest be to be taken then the Merchant Alien shall have the moity of the Enquest of his own Country men Which withdraw them selves out of the City c. Item If a plaint of debt be made and it is testified by the Minister that the defendant is not resiant within the City that he hath absented himself and carryed away his goods And it is testified that he hath lands or tenements within the City then at the pursuit of the plaintiffe the plaintiffe ought to hold them by the same extent untill he be satisfied of his money due unto him finding sureties to uphold the tenements conveniently and also to repay the defendant the money received in the mean time if it be so that the same defendant come in Court of Record within a yeare and a day after the delivery made and can discharge himself that he oweth nothing to the plaintiffe Item Examination in a plea Personall The Sheriffes use to examine the parties in all actions personall depending before them if any of the parties desire the same and to proceed to judgment according as it is found by examination Item Where any personall action is depending before either of the said Sheriffes Of the same and some matter is alledged by the defendant in barre of the action or a thing materiall to delay the plaintiffe And if the plaintiffe puts himself upon the oath of the defendant peremptorily that the plea or the exception given by the same defendant is not true then the said defendant if he be in Court or if he be resiant within the City that he may conveniently come by the discretion of the Court then he shall make his oath that his plea or exception that he hath given is good true And if he come and refuse to make such an oath then he shall be held as convict in the cause and thereupon the plaintiffe shall recover that which lyeth in demand according as it may be found by examination of the plaintiffe or by enquest of office if need be And if he make the oath the plaintiffe shall be outed of his suit or action if he for his part will not swear that the suite or other matter alledged by him is not good and true And if such an oath be required of the plaintiffe and the plaintiffe take the oath he shall recover by the same oath if the exception be materiall and so are such oaths peremptory of the one part and of the other according to the matter of the Exceptions Item Of default after mayn prise If a man be arrested by a plaint of debt or by other personall action and find surety to be ready at the next Court before the Sheriffes to answer to the Party At which Court although the defendant be demanded in convenient time to come and save his maynprise and he make default and the default be recorded yet if the same defendant come sitting the same Court he shall be received to plead saving that in such a case he shall lose the advantage of his Law-wager although he might have had his law if he had come in time Item Of amending Bills Where parties appeare in the Sheriffes Court the usage is that the Plaintiffes may amend their plaints and their Bills before that the said parties be at issue or plead to judgment in Court of Record Item Acton of account In an action of account before the Sheriffes the plaintiffe by usage of the City may not count that the defendant was his Bayliffe in any case but Receiver of his money or of his goods Item An action of account is maintainable by usage against a woman sole and against Infants within age if they be Merchants or if they keepe common shops of trade or of Merchandize And actions of debt in the same manner of that which toucheth their trade or their merchandizes Item Of plaints removed out of the Shrieffes courts Where pleas are depending before the Sheriffs the usage is alwayes that the Mayor of London that is for the time may send to the Sheriffes to cause the complaint and the processe to be brought before him and their Aldermen to determine and discusse the same complaint before them or to send back the said complaint before the same Sheriffes further to proceed in the said processe according to that which the Mayor and Aldermen shall see fitting to be done and to command the Sheriffes to surcease at their wills Item Where the debtor shall be arrested before the day conteined in the obligatio Of fugitives When a debtor is bound within the said city by obligation in a certain summe to pay at a certaine day to come the which debtor was held sufficient at the time when he was bound and after is become fugitive or not sufficient then if the creditor come before the Mayor and Sheriffes of the said City making such a suggestion and hath with him six or foure credible men of the same City that will truly testifie that the debtor will withdraw and convey his goods out of the City or that he is not sufficient to make payment then the Mayor or one of the Sheriffs before whom the suggestion is made useth to arrest the debtor although the day contained within the obligation be not yet come and to keepe the same debtor in prison untill the day of payment be come or otherwise that he shall find pledges to attend at the same day and so to arrest for Houshire before the day Houshire if the tenant be fugitive Item To arrest a debtor without a sergeant If a Freeman of the City find his debtor suddenly within the same City which debtor hath absented himself before or that he be sugitive and the which debtor will escape away before that the creditor can have an officer the usage is in such a case that the Freeman himselfe with ayd of his neighbors without other officer may arrest his debtor and carry him to the office of one of