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
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
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
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
day be past and the defendant alleageth that the plaintiff is payd parcell of the debt then the plaintiffe at the request of the defendant shal be examined by his oath how much mony is behind And in such a case the plaintiff shal recover nothing over that which he wil swear is due and behind and his damages shal be taxed by the Court. And if against such a single obligation made the Defendant plead that it is not his deed and it be found that it is the defendants deed yet the plaintiffe shal recover nothing but what is found due by Enquest and clearly behind and his damages taxed by the same Enquest and the defendant in such a case shal be fined for denying his deed and in other cases shal be amerced Item Of an obligation upon certain conditions where an obligation is made of a certaine sum upon certaine conditions to be performed by the endorsment or by Indentures thereupon made and thereupon a plaint is made and the parties be at traverse and at issue upon some especiall condition broken and it is found by the enquest upon the parties own shewing against the defendant which is so bound and that hee hath broken that condition yet the plaintiffe shal not recover the whole obligation but he shal recover the damages which he hath sustained by reason of the condition broken and the dammages shal be taxed by the same Enquest and the obligation shal be saved for the saving of the other conditions hereafter But some make a question of this custom Item Of acquittances and other evidences alleaged to be in forraigne parts If an obligation of debt be shewed forth and the defendant alleadgeth that he hath an acquitrance or Indentune or other things ensealed by the plaintiffe the which may stand him in stead and be a discharge against the plaintiffe if he had them ready in hand and say further that the miniment are in a forraigne County and out of the City and be ready to make oath thereof then the same defendant after his oath made shal have a day assigned by the Court to have his said miniments ensealed at a certain Court after according to the distance of the place and thereupon shal finde pledge at his perill to come at his said day and bring the same deed And if he make default at the day or if he faile of that which he alleaged then he shal be condemned in the said obligation and dammages shal be taxed by the Court saving that the Plaintiffe or his Attorney shal be examined of the duty Item Of fugitives If a plaint of debt be made against a Freeman and resiant within the City or by the Law of the City hath a summons because of the Franchise if the plaintiffe come to the Sheriffe and bring with him six or four Freemen and credible of the said City that wil testifie that the defendant is flying away and that he wil withdraw and absent himselfe then the said Sheriffe upon their testimony may arrest the said defendant by his body or goods as of a Forraigner c. Item The Sheriffs may hold before them pleas of taking personal things instead of a Replegiate and avowry may be made and return awarded to such pleas as in the Husting if the cause touch not Free-tenants And such a suit is called (a) A plea of taking and detayning of goods de placito captionis detentionis catallorum and pledges shal be found to make return of the goods or of the value as in a Replegiate Item The defendant shall answer the plaintiffe very presently It is the usage of such actions personally before the Sheriffes that at the first day when the parties appear and the plaintiffe hath counted against the defendant the same defend shal answer the same day without having any day given him to emparle And in the same manner if the defendant pleades any plea or matter alledged against the plaintiff the plaintiff shal presently reply without having a daies respite to emparle without the assent of the parties Item What custome shall be discussed by the Mayor Aldermen If some customes or usages are pleaded or alleged in the Sheriffes Courts whereof the Sheriffes nor their Ministers be fully informed then such customes and usages shal be discussed by the Mayor and Aldermen and that before Judgment thereof rendred And it is to be understood that no adjornment is made in the Sheriffes Courts nor any day given by pre-appointment but only that the parties should keep their day at the next generall Court if it be not upon some speciall cause Item Of actions of debt Actions of debt are maintainable by usage of the simple grants and assignments and of pledges and of a covenant simply without specialty Item Of Tailles ensealed A Taile of debt ensealed by the usage of the said City is as strong as an obligation and when a plaint of debt is made and such a Taile ensealed shewed forth in proofe of the debt the defendant shal not have his law that he oweth nothing nor any other matter no more then against an obligation He may wel say that the day of payment is other then the Plantiff counts Item Of taking Kecognizances the Sheriffs of London use and each of them by himselfe to take Recognizances of debt in their Courts of what sum soever And if the day of payment be past and the mony not payd then at the suite of him to whom the Recognizance was made if he be a Denizen all the goods and chattels of the Recognizor found within the City shal be taken and delivered to the party to the value that the debt contained in the said Recognizance amounteth to without extending any land of the Recognizor And if the yeare be past then a scire fac shal be sued against the Recognizor to come in if he knoweth any thing to say wherefore execution shal not be made of his goods as is aforesaid the which Recognizance shal be entered in the Sheriffes paper Item Safe custody of prisoners The Sheriffs may hold by usage what prisoners soever before them condemned or committed to their custody as well in their houses where they are then dwelling as in common Goales which they are alwaies to hold in ward and not to goe at large out of their houses or the aforesaid Countors Item Of plaints between Merchants and Merchants In plaints of debt and accompts and other personal contracts betweene Merchants and Merchants if the plaintiffes counts that the defendant at any Merchandizing Village or in a place merchantable within the Realme did bargaine for and buy of the same plaintiffe some merchandises or received his mony to pay and deliver unto him or to render account in any place within the said City Note this well And if the parties he at travers and plead to issue of Enquest then shal the enquest be taken of the people
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