Defendant will verifie that the said Iohn Batemanson in the narration and plaint aforesaid nominated and the said I. B. in the said Record before the said I. H. Chamberlaine nominated are one and the same person and not divers and as wel by the name of I. B. as by the name of I. B. alwaies hitherto knowne called and so he saith c. And the said Defendant saith that he is a Freeman of the said City of London by his Apprenticeship according to the custome All and every which matters he the said defendant is ready to verifie as the Court c. and demandeth that if the aforesaid defendant c. The King to his well-beloved and faithfull William Merre Adam of Shopenhange and to Walter of Padenham assigned for the assessing of the tallage or customes within Our Cities Burroughes and Demesnes within the County of Oxon greeting OUR Citizens and Merchants of Our City of London In the white book the 3. part of the 3. booke fol. 50. have shewed to us That whereas some of them have used to be brought divers their goods and merchandizes from London unto Henley in the County aforesaid there to be sold upon Market dayes and with them to trade from week to week And that some of them buy divers Goods and Merchandizes in the parts there adjoyning to be brought to London for their profit to be made thereby And they hier little houses and places in the said towne of Henley from terme to terme as well for the aforesaid goods and Merchandizes brought thither to be laid up untill they may conveniently sel the same As also for the aforesaid goods and merchandizes brought there in the said parts to be laid up untill conveniently they may carry the same from thence And any certaine houses or Lands or Tenements there they have not neither make they any abode in the same place neither are they in Scot and Lot with the men of the same towne Yea neverthelesse Ye by occasion of such their houses places and goods and their merchandize so put in the same doe thereupon very unjustly distreine them the said Citizens and Merchants to pay Tallage for Custome as if they had their Houses and Lands and tenemants and made their continuall abode or were in Scot and Lot with the said men to the great damage and burden of the said Cityzens and Merchants And because it is not agreeable to Right that Our said Citizens and Merchants in the said case should be taxed with the men aforesaid especially seeing that they may freely exercize their Merchandizes throughout all Our Kingdom c. are taxed for their Merchandizes in Our City aforesaid with their fellow Citizens there as often as any tallage or custome shall happen to be assessed upon the commonality of that City We command you that you do not assesse them our said Merchants and Citizens with the men aforesaid in the case aforesaid But that you suffet them in this behalf to be in peace so long notwithstanding as there shall not be other cause wherefore they ought to be seized there Witnesse my Selfe at Westminster the XIII Day of February in the VI. Yeare of Our Reigne Item In the same booke the 4. part fol. 6. B. side For driving of Carts That no Carter within the Franchize drive his Cart any faster when it is empty then when it is laden for eschewing of divers perills and grievances upon paine of forty Pence to the Chamber and his body to prison at the will of the Mayor Item In the same booke the 4. part sol 6. B. side For that the course of water of Thames which wholy appertaineth to the City is greatly disturbed by the purpresture of the keyes and other adjesments made in the said water to the great perill and damage of the whole City And for the eschewing of greater perils and damages in time to come It is ordayned by the Mayor and Aldermen with the assent of the Commons That hereafter no purpresture shall be made by the making of Keyes nor in any other manner upon the water of Thames without view of the Mayor and Aldermen and Commons and unlesse their opinions and Judgments be that such purpressture will not be unto the danger or hinderance of the City A TABLE OF Sundry Offices and Rooms in the City of London within the Lord Mayors guift ALvegers Searchers and Sealers of Woollen Cloath Attorny ship in the Sheriffs Court Baker of the Bridge-house Bayliffe of the hundred of Osalston Baliwick of Southwark Beadelship of the Court of Request Bell man Clarkship of the Lord Mayors Court Clarkship of the Papers Clarkeship of the Chamber Clarkeship of the Counters Clarkeship of the Bridghouse Clarkeships of the works and Reparationstuffe Clarkeships of the Court of Request Clarkeship of the Commssioners for the enlargement of Prisoners in execution in the Counters Clarke of Bridwell Clarkeship of Blackwell Hall Clarkeship of the Commssioners for inlargement of Prisoners in the Kings Bench. Common Sarientship Common Pleaders Common Hunt Common Cryers Common Controler Comptroler of the Chamber Collector of Scavage Collectors of Wheeleadge on Loudon Bridg. Conduit at Dowgate drawing Water Forrintaker Gauger of Wines and Oyle Keeper of Blackwell Hall Keeper of the Storehouse in Blackwell Hall Keeper of Worsted Hall Keeper of Bay Hall Keeper of the Conduit at Newgate Keeper-ship of Ludgate Keeper-ship of Newgate Keeper ship of the Counters Keeper of the Counters in Southwark Keeper of Bothlen Keeper of the Sessions house Keeper cleane of the Market and Market house in Newgate Marketand Collectors of duties there Keeper of the New-buriall place Keepers of the Wood and Coles for the poor in severall places Measurage of Silks Cloth Linnen Meate Weighers Measurage of Cottons Mesurage of Bayes Packer ship Prothonotoriship Portership of Blackwell Hall Portership of the Bridg house Remembrancer Renter-ship of the Bridge house Renter-ship of Finsbury Sword bearer Second biriship Solicytor ship 3 Sergeant Carvers 3 Sergeants of the Chamber Sergeant of the Channel Stewardship of Sonth wark Stewardship of Finsbury Towne Clarke ship Under Sherifewick Under Water Bayley Weigher of Raw silkes Water Bayly 2 Yeomen of the Chamber 4 Yeomen of the Water-side Yeomen of the Channell 6 Young men PROFITS TO Be received by the Lord Mayor yearly and other Profits arising otherwise Scavage IT appeareth by severall Acts of Court of the Lord Mayor and Aldermen one taken Anno. 4. E. 4. another taken Anno 6. E. 4. by an Act of Parliament 19. H. 7. Cap. 8. and by other Acts of Court and by continuall usage that the Moity of the Profits of the Office of Collection of Scavage is due to the Lord Mayor Measurage of Linnen Cloth and Silke Item There is yearly due and paid to the Lord Maior of the Profits of the Officers of Measurage of Linnen Cloth and Silk which is collected by vertue of an Act of common-Councell made An. 4.5 P. M. 1. l. Item By vertue of an Act of Common-Councell made Anno 4.5 Pet. M. and of Orders of Court Anno 4.5 Pet. M. there is to be paid to the Lord Mayor toward the Feast kept at Guild-hall 1. l. Item There is paid yearly out of the Chamber in respect of Waxherrings and Scurgion which was wont to be yeilded to him by the Marchants of the Still-yard 5. l. 5. s. 8. d. Wines Item Paid by the Chamberlain yearly in respect of 4 Tons of Wine sometimes allowed to the Lord Maior to cause his right of making six Free-men in his yeare 80. l. Major Sheriffes Presenting Mr. Sheriffe at the 18.16.8 d. Exchequer 18.16.8 d. Packer yearly per annum 100. marks Cole-Meators Cole Meators yearly 10 l. a piece and since this rate appointed these places yeeld a greater sum 7 eild per annum 80. l. a piece 3. per an 10. l. a piece 3. The two last of the ancientest are to be disposed for the Profit of the chamber 7 eild per annum 80. l. a piece 3. per an 10. l. a piece 3. Gawning Gawning besides the Rent to the Chamber The Escheatership for London The Escheatership for Southwark The profit of the office of the Cockets Reversion of five offices to be granted yearly at the request of the Lord Mayor to have one of them which shall first fall or of foure the Clarkship of the Lord Moyors Court apart by it self to be granted to one of the Under-clarks serving in the same Court after he shall have served there seven yeares The Clarkship of the Court of Conscience to be granted to the under-clark of the Lord Mayors Court 180. l. FINIS
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
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
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
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
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