THE CITY LAW, SHOWING The Customs, Franchises, Liberties, Privileges, and Immunities of the famous CITY of LONDON. Together with the Names, Natures, Kind's, Jurisdictions, Powers, and Proceed of the several Courts within the same: AS ALSO The Titles, Qualities, Advantages, and Profits of the several 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 known to all Nations; Yet the Courts, Customs, Usages, Franchises, Liberties, & Immunities thereof have been only within the cognizance of the learned Counsellors, & some particular Officers of the same City. And the books & Records wherein the same do lie dispersedly, being many and very ancient, and privately kept in the City Libraries & Recordhouses & all men can not have access thereunto, but some of the City Counsellors having carefully and Judiciously perused those books and collected the same Customs, Privileges, and Immunities, with the manner of the plead 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 general use and cencernment, and fit to be known by all Merchants, Tradesmen, and others; trading in and about London, and to all Counsellors, Attorneys, and Solicitors, that practice there: The same are hereby made public for their Information, direction, and satisfaction. An Alphabetical. TABLE OF The principal Matters contained in this BOOK A ARrest on the Thames, without a Sergeant, pag. 20.105. aldermans not to be impanelled. 33. Acquittances alleged to be in foreign Parts. 93. Action of account. 103. Amerciaments. 106. Of jurors. 108. Of Attorneys. 109. B Burgages, City held in Burgages. 6. Bill, no Marchandizes to pass without bill. 32. Beadels Office. 58. C Cornhill, Ton there. 22. Citizen's may bequeath their Tenement. 63. Contribution by obligees. 81. Custom, What Custom discussible by Mayor and Aldermen. 94. Custom to buy and sell in public places. 110. D Debt: Actions of Debt. 3. Debt: Pleas of Debt. 3. Devise: Who may devise. 7. To wife only for term of life. ibi. Discontinuances: No discontinuances within the City of Assizes. 67. Debtor arrested before the day, etc. 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, etc. 34. Chamberlain, etc. 35. Eyre at the Tower. 37. Inquests Fapingdam. 53. Exigents. 59 Execution of goods and body. 107. F Freebant, due to Widows. 17. Fee: Mayors fee at King's Coronation. 23. Foreign attachment. 81. Foreign 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 Landlord's. 106. M Ministers of the City. 2. Malefactors to come before the Mayor. etc. 5. Mayor's Sword. 31. N Nuisances: Assizes of Nuisances. 4. O Ordinances penal made by the Mayor and Aldermen. 4. Orphans. 10. Marriage. 12. Of Obligations. 89. P Process, and abreviating thereof. 5. Prisoners condemned. 21. Penthouses. 27. Proof in foreign attachments. 85 ●●acitum captionis & detentionis. 93. R Recognizances: Of Recognizances, and executions thereupon, 3. Retail: Foreigners may not retail. 13. Replegiarie. 55 Removing of plaints. 104. S Southwark, the Stews there. 25. Summons of jurors. 43. Of Aldermen. 59 Scire fac. Sheriff's Courts. 86. T Testament nuncupative. 8. Defective, effectual. 8. Rend 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. Whither nam. 22. THE ANCIENT CUSTOMS AND Approved Usages of the Honourable CITY OF LONDON. THE Mayor's Court is held by custom 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 business of the same City; And there also are redressed and corrected the defaults and misprisons of such things which are against the Customs and Ordinances of the City, as well at the suit of the party, as by inquest 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 ordain for the Government of the City, and for maintenance of the peace of our Sovereign 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 suit of the parties, by process made, as in other manner, according to the said Mayor and Alderman's discretion. Item, Of Actions of Debt. the said Mayor and Aldermen have used there also to hold and determine pleas of Debt and actions personal whatsoever by bill: aswell between Merchants and Merchants, for merchandise, as between others that will take them by process made against the parties. Item, the Mayor and Aldermen, Of recognizances 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, than he to whom the Recognizance is made, out of this Record, shall have execution of all the goods of the Debtor, and the moiety 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 only before the Mayor and Aldermen, according to that which is more fully contained in the Ordinance thereof made. Item, Of Assizes of Nuisances. the Assizes of Nuisance are determinable by bill before the Mayor and Aldermen, which bill shall be served by the Sheriffs, And the parties shall be summoned on the Wednesday against the Friday, and then the Mayor and Aldermen ought to proceed in plea, according as is contained in the Ordinance of assize, of Nuisance in the said City. Item, Of making of Ordinances. the Mayor and Aldermen have always used to make penal Ordinances upon victuals, and for other the government of the said City and of the peace, according to their discretion and advice, and to proclaim the same Ordinance within the said City openly for to be held & kept in the name of our Sovereign Lord the King, and of the City, upon pain thereof ordained, and the same pains to levy of all such as do against the Ordinances aforesaid, etc. Item, Of Malefactors. the Mayor and Aldermen have always 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 news imagined in disturbance of the peace, makers and counterfeiters of fall 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 inquest 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 process, and abbreviating of delays. the Mayor and Aldermen may by usage of the said City change process, and abridge delays in actions personal, as well before themselves, and in the Sheriff's 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 Sovereign Lord the King in free burgages. it is to be understood that all the city of London is held of our Lord the King in free burgages, 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 freemen 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 ado. But Infants within age may not make a devise, nor women covert may not devise their tenements by licence of their husbands, nor in other manner during the coverture. Item, That a man cannot devise. his tenements to his wife, but for term of life. the husband may not devise his tenements to his wife for a higher estate then for term of life, and the wife cannot claim other estate, upon pain to loaf the whole. Neither may the husband devise the tenements descended to his wife, nor the tenements which the husband and the wife have jointly purchased. But if the husband and the wife have tenements jointly 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 enrolled in the Hastings of Record, at the suit of any which may take advantage by the same testaments. And the restaments which ought so to be enroled shall be brought before the Mayor and Aldermen in full Hasting, and there shall the said testaments be proclaimed by the Sergeant, 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 seal, and if the proof be found good and loyal and agreeable, then shall the said Testament be enrolled in the same hasting of record, and the Fee shall be paid for the enrolment, and no Testament nuncupative nor other Testaments may be enrolled of record except that the seal of the Testator be put to the same Testament. Testaments Nuncupative But the Testaments that may be found good and loyal are effectual, although they be not enroled, nor of record. Item, Of testaments defective, yet effectual. The testament within the said City ought by custom of the same City, to be adjudged effectual, 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 enroled of record in the Hastings, the same reversions and rents Pass presently after the death of the Testator; so as those to whom such rents be devised, may distrain 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 Custom holdeth place of Charters, Indentures, and other writings inroled in Hastings of REcord, and such inrolements have always been 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 been 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 entered and enroled in some of the Hasting sand the Fees thereof paid, as the manner is. Item, Rend devised without clause of distress. where a man hath devised by his Testament, enroled, a certain Rent to arise out of his Tenements within the said City, without clause of distress: yet by usage of the City he to whom the devise is made may distrain, 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 custom of the City, shall have the Wardship and Marriages of all the Orphans of the said City, after the death of their Ancestors, 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 inquire 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 maintain conveniently the said Orphans during their nonage, & their Lands and Tenements to repair, & the said Goods and Chattles safely to keep: and thereof to render a good and loyal account 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 ordained and disposed for the same Orphans, or for their Lands and Tenements, Goods and Chattles, by express words, contained in the Testaments of their Ancestors. And no such Orphans ought to be married 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 maintain 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 maintain 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 loyal account, as is aforesaid. And it is to be understood, That the goods of the testator shall be parted into three parts that where a Citizen of the same City hath a wife and children, and dies: all the goods and chattles of the said party deceased, after his debts be paid, shall be divided into three parts: whereof one shall remain to the dead, and shall be distributed for his Soul's benefit: and the other part, shall be to his wife: and the third part to his children, to be equally shared between 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 custom of the said City, That No Foreigner shall sell Victual, or other Merchandise, to any other foreigner by retail. it was not lawful for any Stranger or Forreigner, to sell victual, nor other Merchandise, to any other Stranger or Forreigner within the same City, to sell again: nor for any such Stranger or Forreigner to sell victual, or other Merchandise within the City by retail. Item, By ancient custom of the said City of London, the Citizens, Ministers of the same City, aught to obey no Commandment, nor no Seal, but only the commands, and immediate Seal of our Lord the King: Nor ought any Officer of our Lord the King to make seizure, or any execution within the said City, nor within the Franchize thereof by Land, or by Water, but only the officers of the said City. Item, Of a Writ of Error. Of Judgements given in the Sheriff's Court in actions personal, or in Assizes taken before the Sheriffs, and Coroner by custom of the said City; the parties against whom such Judgements are given, may sue a writ of Error, directed to the Mayor and Sheriffs, to reverse the said Judgement in the Hasting, if the Judgement be reversible. And although such judgements be affirmed in the Hasting, yet the same party may sue another Writ of Error directed to the Mayor and Sheriffs, to cause to bring the Record and Process before the Justices assigned, at St. Martin's the Great, as it hath been done heretofore. But if any party, by such judgement given before the said Sheriffs, be convict in debt or in damage; and for that cause be committed to prison, until he hath made agreement, and after pursue a Writ of Error to reverse the judgement in the Hasting: or, although the Judgement be affirmed at the Hasting, & the said parties will sue another Writ of Error to reverse the same Judgement before the Justices assigned at St. Martin's the great, as afore is said: Yet not. withstanding, the same party which is so imprisoned, ought not to be delivered out of prison by ancient custom of the City, by reason of such a Writ of Error, 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 Judgement be afterward affirmed. And in case that such a Writ of Error be sued to reverse any Judgement given in Hasting before the Justices assigned at St. Martin's the Great, and it be commanded by Writ to warn the parties, and to cause them to bring the Record and Process 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 custom of the City: but the Mayor and Aldermen shall have forty day's respite assigned by the same Justices after their first Session, there to be advised of the said Record, & of the Process thereof: and at first Session of the Justices, after the forty days the said record and process shall be recorded before the same Justices, by the mouth of the Recorder of the said City or tenus. And of Judgements given before the Mayor and Aldermen in the Chamber of Guild-Hall; according to the Law of Merchants, no Error was ever writ to be sued. Item, By ancient custom of the City, all the Liberties, Privileges, and other Customs pertaining to the same City, aught to be recorded by mouth, without being put in any other manner in writing. Item, The Citizens of London by custom of the City, ought not to go out of the City, by writ, or other manner, to pass in any Enquest. Item, Of not putting Citizens in Enquest out of the city. Wives after the death of their husbands, by custom of the City, shall have their free banks: that is to say, the wife after the death of her husband, shall have of the tenement within the City, whereof her husband died seized 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 principal chamber, and the cellar, wholly: and her easement in the Kitchen, the chief table and curtilage in common, or other necessaries to her appertaining for term of her life. And at what hour 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 Freeman using a Mystery may by usage of the same City, take an Apprentice to serve him, and to learn 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 enroled of record before the Chamberlain of Guild-Hall. And such Apprentice may bind himself, 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 custom of the City may be put for less term than 7. years: and the Indentures ought to be enroled within one year after the making thereof under a certain pain therefore limited: and after such Apprentice hath well and loyally served his term, he shall be a Free man of the City without other redemption, where no other may come to the freedom without redemption, save such that are born within the said City, of what Country soever they be, of the allegiance of our Lord the King, by usage of the said City, are also Freemen by their Mystery having regard to the privileges of the Franchise, as such as have been Apprentice, or otherwise have come to the Freedom 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, & learn 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 enroled, 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 chattel. 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 parcel of the City: and the same River, and all appertaining to the said River, being within the said Franchise, hath been always in the government of the same City, as parcel of the City aforesaid: aswe I the one part of the River, as the other. And the Sheriffs of London that are for the time being, have always 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, until the return: and from the West part of the said London Bridge unto Stanes Bridge. Item, The said Sheriffs of London ought by usage of the City co have forfeitures of the chattels of all kind of Fugitives and Felons and of Derdans within the said City, and the said River of Thames, in aid of their Farm which they pay yearly to our Sovereign Lord the King. Item, By custom of the City, no attaint is maintainable, nor lieth within the same City. Item, By ancient custom of the City no man remaining within the same City, was wont to be taken or carried out of the said City, by colour or claim of villainage, before that the matter was discussed by course of Law. Item, if a Freeman of the said City, coming or passing with his merchandise elsewhere out of the same city, be constrained to pay Toll, or other custom, 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 detain them in the name of Withernam, Withernam. until agreement he made with the said Free man for the damages which he hath sustained by the cause, saving always reasonable to answer that party, as well to the one party, as to the other, Item, Of the Ton in Cornhill. The Citizens of London of ancient time, ordained a house, called the Ton 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 married men and women found in adultery, and Chaplains and others religious, found openly with common women, or with other men's wives in the night, in suspicious places, and after, to lead them before their Ordinaries. Item, The City of London hath conusance of Plea by the King's charter. And there is a use, that no Freeman of the same city shall implead another Freeman of the same city, otherwhere then in the same city, where he might have recovered within the said city, upon pain of losing their Freedom. Item, Of the Mayor's fee at the King's 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 privileges pertaining to the said Mayor and City, at such coronation of the King, according to the ancient custom of the city. Item. The use is, that the chief Butler of our Sovereign Lord the King shall be the chief 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 Appeals are taken within the said city, before the two Sheriffs, and the Coroner jointly. Enquest taken upon the death of a man, upon the first sight of the body are chosen out of the four Wards next adjoining, and summoned by the Bedels' of the same Wards. And all other inquests taken before the Sheriffs Coroner jointly, aught to be arrayed and summoned by the Sheriffs and their Officers. Item, Heretofore where any Thief being in the Goal of Newgate, hath appealed another Thief, being in some other Goal that Thief remaining in the other Goal was wont to be sent for by Writ to the said Goal of Newgate, to answer to the said appeal, and to have his deliverance there. And in the same manner, if a Thief being in another Gaol, hath appealed another man abiding in the said Goal of Newgate, or any other of the said city the same appealor being in another Goal, shall be brought by Writ to the said Goal of Newgate, to maintain his said appeal there: and no Thief being in the Goal of Newgate taken with the manner shall be carried out of the said city to be at his deliverance, before the Mayor of London, and other Justices assigned for the said Goal of Newgate. Item, Southwark. Because that the Village of Southwark, and the Common Stews, over the River of Thames, Common-pleas. are so near to the said City of London, and that Thiefs and other misdoers are oftentimes from thence coming and repairing, and oftentimes after their Theeveries and Felonies committed within the said City, fly and withdraw themselves out of the same City, unto the said Stews, and to the said Village of Southwark, within the Franchize there, being out of the power of the said City, where they abide and watch their times, to return to do mischief: Whereas the ministers of the same city have used at all times to pursue and search for such Thiefs and evil-doers at the said Stews, and in the said Village of Southwark, as well within the Franchife, as without, and to bring them to the said Goal of Newgate to attend their deliverance there before the Justices, as well upon suspicions 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 party's 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 King Court ought to be sent back again 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 despoil or waste 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-edify the same. And if any man shall do or begin to do it, he shall be restrained by the for the trespass, according to the custom of the City. Item, if Walls, Penthouses, Of Penthouses. Defects in tenenements. or other tenements what soever within the said City, extending towards the highways, be so rotten and feeble, that people dare not pass 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 sworn to the said City, or it be found in the Wardmore that the perillis such then the same Mayor and Aldermen shall warn the party to whom the tenements belong to amend and redress 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 days after: then shall the said tenements be amended and redressed at the costs of the same party. And the said tenements shall remain in the hand of the said City, until the costs, thereupon bestowed, be fully levied, 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 levied 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 Sheriffs 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 Sheriffs, 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 have 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 Guildhall: 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 Judas 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 own 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 year following. And the said Mayor shall have 50 Marks a Year, for the weighing of corn, and 50 marks in the time of peace, of the Merch. of Amiane, Corby and Needle, according to the ancient custom thereof made. And every Mayor shall hold his general Court at Guilhall the Monday next after the Feast of Epiphany: And there shall be assembled all the Aldermen of the said City and all Constables, Scavangers, and Beadles, of the Wardmotes, held by the Aldermen: and the defaults found in the Wards, shall be enquired of and examined: And the Constable's 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 custom of the said City for maintenance of the peace and tranquillity within the same City, hath power to arrest and imprison the disturbers of the peace, and other evil doers for resistances, ill speeches, and other defaults, according to his discretion, without being for the same impeached, or sued afterward, Item, No Mayor shall be chosen within the said City, Of the fame. before he hath been Sheriff of the said City, by the space of a year before. Item the Mayors of London which have been for the time, Of the sword. have used to have their swords carried upright, before them, within the said City, and without: without holding down their swords in any man's presence except in the presence of our Lord the King: and that sword is called the King's sword. Item, Of the election. Of the Sheriffs. the Sheriffs 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 Sheriffs shall be afterwards sworn within the said Guildhall: and afterwards on the morrow of St. Michael's, shall be presented in the Exchequer, or to the Constable of the Charter of the said City. And the said Sheriffs shall have free election of all their Officers and of their Farmers and Bailiffs as well within the said City, as in the county of Middlesex, and of the Gaolers of the Goals, within the said City, at their will, and at their peril. And the same Sheriffs pay and are accountable 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 form of the said charter of the City And by reason of which Farm, the said Sheriffs ought to have the ancient prizes and customs 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 pass not of the said City, by Land, or water, by waggon, or cart, horse, or bridge, without a Bill given ensealed by the said Sheriffs. And those which are Foreigners ought to pay for their passage, according to the ancient custom. 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 custom is, and survey and redress the nuisances and defaults in the same Wards: and shall take order concerning victuals, as elsewhere is declared more fully in the Articles of Wardmoats. And the Aldermen have power by usage of the said city, to arrest misdoers, and commit them to the enstody of the Sheriffs, until they be examined, and delivered by the same Mayor, and the same Aldermen Item, That Aldermen shall not be empanelled. An Alderman after that he hath been once made Alderman, or a Sheriff after that he hath been a Sheriff shall not afterwards be empanelled, 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's ●. 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 Bridge common Sergeants at Law, common Sergeants at Mace, common Clerk 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 form of the composition. And the Porters of the said city are chosen by the same city. Item, Touching the Keepers of London bridge. 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, pertaining 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 Bridge, 2. d. And every Ship or other Vessel with Merchandizes passing by water to the said Bridge, towards the West, Cart or Wagon th' pay 2. d. with the Mast standing: so that the Bridge must be drawn 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 Vessel passing there also toward the East shall pay six pence: and the same Wardens are every year acountable before two Aldermen, and four 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 Chamberlain to oversee and keep all the Books, Rolls Records, and other Monuments, & Remembrances, that there ought to remain of Record, and the treasure, if there be any; and also to keep and maintain 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 money and the goods and chattles, which are devised or descended to Orphans: until they be committed to other persons, nor otherwise disposed by the Mayor and Aldermen. And he shall cause the Indentures of Apprentices to be enroled, 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 certain other defaults committed against the Ordinances of the City. And the money thereof 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 account once in the year, how much he hath received, paid and spent: and that before two Aldermen and four Commoners, assigned by the May or and aldermans. Of privilege in the circu● of the Justic● at the Tower of London. And also the citizens of London heretofore have claimed and ought to have many liberties and privileges 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 door, 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 not otherwise meddle there, during all the Eyre of that thing which appertains to the Office of the Sergeant. And that the Citizens shall make no other oath, but by the Faith they own to our Lord the King. And that the Sheriffs 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 alleged 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 privileges, which will more fully appear in sundry Eyres, holden at the said Tower of London. And also, many other liberties, privileges, and customs, 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 custom of the same city, viz at the last Eyre held at the Tower of London, they ought to be bound by the customs: where upon, the same Citizens did sue their Petition to the King, in these words: The City's Petition to the Kings. HIGH and Mighty Lord: whereas your said City is founded upon the Franchises, and free ancient Customs, and not upon the common Law, as other Cities of your Realm. The city is found upon franchises and free ancient customs. More it is enacted by the Great Charter, That the city of London should enjoy all its Franchises and free customs unblemished and the same Franchises and customs, be to them by your Progenitors granted, and by yourself confirmed: and they ever from time to time used in Eyres and elsewhere before the Justices, at what hour they do come, in deed, or in demanding their Franchises and customs: and that by a Statute made after the last Eyre, and to put their franchises and customs 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 customs, as they were wont, anciently to be ordered in other Eyres before the Statute, and that by no Statute repugnant to their said franchises and customs, they be bound or deprived of their Franchises, and ancient customs: 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 custom had and used in the city of London, An ancient custom in the city of London for tenants for fixing goods. of those things which by tenants for term of life, or for years, were fixed to the houses, without special licence of the Lord of the Soil, whether they should remain to the Lords of the Soil, as parcel of the same: or whether it should be lawful for such Tenants, at the end of their term, all such things that be fixed, to remove. Whereupon, ancient Books being viewed, and many Records searched, and ancient proceed, and Judgements of the said city: It was declared by the Mayor and Aldermen, That by the old prescript custom 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 special and express licence of the Lord of the Soil, if they be fixed with nails of Iron, or of wood, as Pantises, Glass, Locks, Benches, or such like: or if they be affixed with Lime or clay, commonly called Mortar, as Furnace, Led, Candirons, Chimneys, Corbels, Pavements, and such other: or else, if Plants they be rooted in the ground, as Vines, Trees, Orchards etc. It shall not be lawful for such Tenants, at the end of there Terms or at any time, to pluck down, remove, or root out them, or any part of the premises by any means, but they always remain to the Lord of the Soil, as parcel of the same Soil or Tenements, Mustings. etc. 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, Sheriffs, and Aldermen of the said city every week, the days Monday and Tuesday, viz. On the Monday to demand the demaudauts, and to award nonsuits, to allow essoynes, and the Tuesday to award the default, and to plead. Writs of right Patents. But for certain times, no Hastings may be held by the custom of the city afore said, viz. Husting of plea of Land, aught to be held a week by itself at the aforesaid days. But, the enrolments and titles of the said Hustings, make mention of Monday only. Writs of Right Patents. In Husting of Plea of Land are pleaded Writs of Right, Patents directed to the Mayor and Sheriffs of London, which Writs have this process by custom 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 than next ensuing; and at the next ensuing after the third essoign, and the Tenants making default, process shall be made against them by a grand cape, or petit cape, after the appearance, and other process at the common law. And if the Tenants shall appear 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 essoign after every appearance by custom 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 custom of the City, shall have the view in the second Writ: notwithstanding the view before had. And if the parties plead to judgement, the judgement shall be pronounced by their Recorders mouth, and six Aldermen were wont to be present, at the least, at the giving of every such judgement. 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 Freeholders', being the best and most sufficient of his Ward, to come to Gild hall, for to pass in an Enquest, if there be need, for the rest of the freeholders' in the said Ward. And if the parties plead and descend to an Enquest, then shall the Enquest be taken of the people inheritors, having 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 four sufficient men of the same Ward, where the Tenements are, shall be sworn in the same Enquest, if there be so many. And no damages by custom of the City are recoverable in any such Writ of Right Patent. And the Enquest may pass the same day by such common summons of the Beadell, if the parties be at issue, and the Jurors come. And otherwise, process 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 Sheriffs: And the Sheriffs shall be ministers by the commandment of the Mayor to serve the writs, and to make execution thereof: Notwithstanding that the original writ be directed to the Mayor and Sheriffs jointly. And it is to be understood, that as well the Tenants as the Demandants may make their Attorneys in such Pleas. And if the Demandants count against those Tenants in the nature of a Writ of right, and the parties descend to an inquest upon the meereright, then shall the inquest be taken of 34. in the nature of a grand assize, according as the custom requires: so that always six be of the Ward, where the Tenements be, if there be so many of the same ward empanelled 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 foreign county, if the Vouches have no tenements within the City. And if the Tenants in such writs do vouch to warranty in a foreign County, in which case process may not be made against the vouches by law of the said City, than the Record shall be made come before the Justices of the Common-Pleas, at the suit of the Demandant, and there process 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 custom of the City, and according to that which is fully contained in certain Statutes. And also if the Tenants in such writs plead in bar by a release, bearing date in a foreign County, or plead other foreign matter, which may not be tried within the said City: then the Demandant shall bring the process into the King's Bench for to try the said matter, as it is alleged, and according as it is found, the plea shall be sent bacl again 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 Judgements 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 days, 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 enrolled in the Hustings. Writs of Dower, unde nihil habet. Writs of Gravelkind of custom, and of service, instead of a Cessavit. Writs of Error of Judgements given before the Sheriff's Writs of waste Writ, the partitione facienda between Coparteners, Writs of quid juris clamat and per quae servitia, and others: The which Writs are close, and directed to the Mayor and Sheriffs; And also Replegiaries of things taken, & of distresses wrongfully taken, are pleadable before the Mayor and Sheriffs, in the same Husting of Common-pleas, by plaint without writ. And it is to be understood, that the same Sheriffs are ministers to execute the office, and serve all the Writs and Replegiaries, by a precept of the Mayor directed to the said Sheriffs; and the process is after this manner. First in a Writ of ex gravi querela warning shall be given to the tenants viz. two or three days 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 appear, they may be essoyned after the view: and thereupon all other process 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 process 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 Judgement in Law, in such a Writ of Dower: and the same woman demandant shall allege in Court of Record, that her husband died seized; then the Mayor shall give commandment to the Sheriffs by precept, that they summon an Enquest of Neighbours, where the Tenements are, against the next Husting of Common-pleas, to inquire if the husband died seized, and of the value of the tenements, and the damages 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 process 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, than the demandant shall have Judgement to recover and hold for a year 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 find Surety, as the Court shall award to pay the Rent within the services loyally after ward & to have again his tenements. And within which year 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 year and day and have again his tenements, doing as is aforesaid. Then after the year 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 year & day wherefore the said demandant ought not to held the tenements quietly to him and his heirs for ever. And if the tenant come not, or if he come and can say nothing; then the Judgement shall be, that the Demandant shall recover the tenements quietly for ever, according to the Judgements, called Shartford, by custom of the foresaid City. In a writ of waste process 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, than he shall have no essoign and so after every appearance; and if he make default at the grand distress then there shall be a commandment to the Sheriff by precept from the Mayor that the Sheriff should see the place wasted, That the Enquest shall not tax, but simple damages and the court shall triple it. This is enacted by the Statute of Gloc. capiat. and inquire of the waste and damages according to the statute, and that the inquest should return at the next Husting of Common-Pleas, and the Plaintiff shall recover the place wasted, and triple damages by the Statute. Item, In a Writ of Error of Judgement, given in Court before the Sheriff, in actions personal, and in assize of novel disseisin or mortdancestor, taken before the Sheriff, and Record; the Writ of Error shall be directed to the Mayor and Sheriffs, and the Mayor shall make his precept to the Sheriffs, to cause them to bring the Record and process at the next Husting of Common Pleas, and that they warn the parties to hear the Record. And after that the Record and Process be in the Husting, although the Defendant come by the warning, or make default, the errors shall be assigned, and there the Judgement shall 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 damages in any action personally before the Sheriffs, and bringeth such a Writ of Error, he himself 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 Sheriffs, to pay the money, or to have the body forthwith coming, in case that the Judgement be affirmed. And so it shall be done where damages shall be recovered in Assizes, before the Sheriffs and Coroner, etc. Item, In a Replegiarie, Replegiarie the process is such: If any man take a distress in an other man's ground within the said City, he to whom the goods belong may come to one of the Sheriffs, and have a minister by commandment of the Court, to go to the party that took the goods: and if he may have the sight, to take the same goods by two wise men: and then there shall be a plaint made in the Sheriff's 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 Parish. And the same party shall there find two sufficient pledges to pursue his plaint, and to make return of the goods, or the price thereof, in case that the return be awarded and so he shall have the deliverance And the parties shall have a day prefixed at the next Husting of Common-Pleas: the Sheriff shall make a Bill containing all the matter and the plaint, and shall bring the same Bill to the same Husting and there it shall be put on the File, and the parties shall be called for. At which day the one and the other may be essoyned of common essoign. And at what time soever the Plaintiff makes default, return shall be a warded to him that hath them, and the return in such case is awardable three times, by the custom and at the third time not replevisable: And at what time soever he that hath them, maketh default, than it shall be awarded that the same goods shall remain to the Plaintiff. viz. they shall remain without recovering of any damages. And if so be, that the Sheriff may not have a sight of the distress taken, than he shall so certify in the said Husting, and there shall be awarded a Writ of Withernam, and thereupon process shall be made. And if the parties come, & avoury be made, they may plead to a Judgement, or to an issue of inquest, according as the case requires. And the parties may be essoyned after every appearance. And if the party claim property in the distress, then that certified in the Husting, process shall be made by precept, directed to the Sheriff, 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 essoign maketh default, or brings not in his warranty, he shall be amerced. In a writ de partitione fac. to make partition between partners of tenements in London, a writ close shall be directed to the Mayor and Sheriffs, containing the matter according to the form 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 Beadle every Beadle by the advice of his Alderman, against every Husting of Common-Pleas, shall summon 6 Freeholders', the better and sufficienter of his Ward, to come to the aforesaid Guildhall, to pass in Enquest, if there be need, if there be so many Freeholders' 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, shall 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 Judgements that are given in Husting, after every Husting shall be enroled, & sent to the Chamber of Guildhall aforesaid. Item, It is to be understood, that all the amerciaments made at those Hustings, do appertain to the Sheriffs 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 Sheriffs, 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 tail that between Merchant and Merchant, or Citizen and Citizen, there be debate of Debt, and a tail be showed forth by the party, and such tail be denied, the party that bringeth the tail shall make his proof according to the Law Merchant but shall prove the same by Citizens or Merchants, or other good and loyal men, Of assize of Mertdancester. & not by villains. Item, The Assizes of Mordancester are held and determinable before the Sheriffs, and the Coroner of London, on the saturdays, from fourteen deyes to fourteen days at the Guild-hall: the process 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 Guildhall, any monday as it is said in the assize of freshforce & shall make a Bill containing the form of assize of Mortdancestor, according to the case, and the Bill shall be enroled, 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 Sheriffs, or to one of them to serve according to the custom. And which Bill shall be ferved by any Sergeant, or other Minister of the Sheriffs, viz. The said Minister the Wednesday next after the livery of the Bill shall make his summons at the tenements demanded by witness of two Freemen of the City, which ought to be at Guild hall the Saturday next ensuing, to array and summon the Jurors: and so afterwards against the Saturday from fourteen days to fourteen days at their wills and so may the tenants sue if they will for their deliverance. And the arraignments of the panneiss of such assizes shall be made by the Sheriffs & 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 foreign County, if the Vouchees have no tenements within the City. And if the tenants plead a Release, bearing date in a foreign County, or other foreign matter that may not be tried within the City, or that they vouch to warranty in a foreign 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 Sheriffs and Coroner, and there shall such foreign pleas and foreign voucher be tried, and determined, and after sent back to the said Sheriffs and Coroner to go forward and proceed, according to the custom 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, & Judgement ought to be given, than the same Assizes shall be engrossed, and entered of record by the said Sheriffs and Coroner, and after sent to Gild hall, to remain there of Record, in manner as the Assizes of fresh force ought to be. The City of London, A custom that freemen 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 Custom is held, and where of the time is not to the contrary, hath been held, that every Freeman of the aforesaid city, being solely 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 term of his life etc. Item, Assizes of novel desseisin called fresh force of lands and tenements, and rents, within the City of London, of desseisins made within 40 weeks, are held and are determinable before the two Sheriffs, and the Coroner of the said City in common every Saturday in Guildhall, except certain times that the assizes may not be held for reasonable causes: and therein the process in this manner, viz. When any man is aggrieved and disseised of his Freehold within the City, or Suburbs thereof: he shall come to any husting held at Guildhall, or for want of the husting to the Chamber of Guildhall, to the congregation of the Mayor and Aldermen any Monday, and there shall make a Bill, and the Bill shall be thus. A. of D. complains 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 enroled: and thereupon another Bill shall be made, containing the whole matter of the former Bill by the common Clerk 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 Sheriff, or to one of them, to make process, and do right to the parties. And then ought the Bill to be served the Wedensday next ensuing viz. The Sheriff's 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 tenements where out the Rent is supposed to be issuing, and it shall be said there to the tenants, that they keep their day at Guildhall the Saturday than next ensuing at their peril: And the names of the two summoners shall be endorsed upon the Bill: and then the Plaintiff may sue to array the assize, and summon the Jurors against that Saturday, 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 Friday before the satturday. And the arraynments at the perils of the Jurors, shall be made by the Sheriffs 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 assizes 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 foreign County, Bastardy, or other foreign matter, which cannot be tried 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 King's Court, all the process shall be sent back to the said Sheriffs, and Coroner, or to their Successors, or to proceed forward, according to the custom 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, etc. that there hath not been any discontinuance in such assizes: neither is there any mention made in the Record, of the days between the assize brought, and the day that the assize shall be taken, or Judgement given; if it be not for a necessary cause, or that such assizes be taken before the Sheriffs and Coroner as is aforesaid, and Judgement be thereof given: then shall such assizes determined, be entered of Record: and after shall be brought into the Chamber of Guildhall, to remain 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 arms in disturbance of the peace, etc. Imprimis. It is to be understood, Of the Sherisss. Court. that the Sheriffs holds the Courts of our Lord the King before them in the Guild-hall of London, and pleas of debt, of any sum whatsoever, and of all actions personals, at the suit of the parties. And each of the said Sheriffs holds his Court at Guildhall by himself severally, and that by virtue of the plaints and quarrels made before the one and the other of the same Sheriffs, as well in their Countors as at Guildhall according to the custom of the aforesaid City. And every of the said Sheriffs use to hold by himself two general Courts in the week, and every day for the deliverance of foreigners & strangers, if need be, if they be not let by Festival days, or other reasonable causes. Item. The Clerks and Officers of the said Sheriffs presently upon the plaints made, use to award a capias, or other process against the Defendants, by the testimonies of the Sergeants of the said Offier thereto deputed, as well in the said Countors, as at Guildhall: and it is the use to award a capias in plain of Debt, Account, Covenant, and other Actions personal whatsoever, etc. Item. Action of debt. He that is so arrested at the suit of the party for Debt, or other action personal, may find Sureties in the said Courts, or elsewhere, before the Sheriffs, or their Clerks thereto deputed, to come to the next Court at the said Guildhall, holden before the same Sheriff, before whom the plaint was made, upon this condition: that if the Defendant come not at the said next Court to keep his day: then he shall be condemned in the debt mentioned in the plaint Saving the Plaintiff, if he be present, or may well come in Court, shall be examined upon his Oath, what sum is clearly due to him, and for what cause, more than which is found to be due by examination: the Plaintiff shall recover nothing but his damages which shall be judged by taxation of the Court, or by inquest, 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 Damages. Item. Action of trespass. If there be a plaint of trespass of battery, of goods taken, or other personal action, where a man ought to recover damages, if the Defendant make default in such case after that he is arrested, and hath found sureties, as is aforesaid: then he shall be judged, as convicted, and the Plaintiff shall declare by bill the cause of the suit, and the quantity of such damages and such place. And thereupon an inquest of office shall be brought from the same place to tax the damages for the Plaintiff. 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 Plaintiff, that the Defendant is not culpable in such case, the Plaintiff shall recover nothing, notwithstanding the default, etc. Item. When any such main pernors be arrested, and committed to prison, because the principals are not found: yet notwithstanding whensoever the principal may be found, and is under arrest at the suit of the main prenors, than the said main prenors shall be delivered. If a man be arrested in a plea of Account, and find Sureties to come at his day, or if he do not plead to the issue, or plead in Judgement, and find Snreties to attend until the suit be determined, according to the Custom of the City: yet notwithstanding at what hour that the principal Sureties will come into Court: then if the Sureties come, Auditors shall be assigned to take the Account in presence of the Plaintiff, and the main pernors. And the Sureties, shall be demanded if they know any thing to say in discharge of the Account. And if the Sureties will not come, than the Plaintiff shall recover his arrearages, by examination and his Oath. And in the same manner it shall be, if the defendant be convict of Accounts by inquest, Item. Of common Freemen of the City, and of those that be resiant in eht same. If a plaint be made against any Freemen, being sufficient, or against another sufficient man, and resident within the City: such a Defendant shall be summoned by any Sergeant of the Sheriff to come to Guildhall to answer to the party Plaintiff at the Court of Denizens. At which Court, if he make default, he shall be amerced, and the grand distress shall be presently awarded by usage of the City: and it shall then be awarded, that the doors of the Defendant shall be fastened and ensealed until he shall come to answer to the party plaintiff. And at every Court of Denizens that he is demanded, and comes not, he shall lose his issues. And if he break the sequestration and that be testified in Court by the Sergeant: than 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 find sufficient 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 delays, 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 plaintiff, there shall be a commandment, that the Defendants door shall be opened, and the goods taken and of them to make return at the Court as of foreign attachment. Item. If any parties come and plead to the Enquest. or in Judgement, than they shall be ordered according to the usages of the City without any essoign had as such personal 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 joined: 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 men's 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 plaintiff. 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 plaintiff, viz. If he be a man in the franchise within the City, or resiant within the same City with seven men's hands, whereof his own name to be one: And such Defendants may make their 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 Foreigner 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 plaintiff, and so be quit. And if he have not two men ready to make an oath with him: This is neither-law nor custom used at this day. then the defendant at the request of the plaintiff, aught to go under the custody of a Sergeant of the Court to 6 Churches nearest to Guildhall, and in the same Churches to swear that the oath which he took in Guildhall was good And then the Defendant shall be brought back to Guildhall and have his judgement to be quit, and the plaintiff shall be amerced. And in the same manner it shall be done in other actions personal, 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 trespass for goods taken, or for Battery, where no blood is drawn, nor no wound apparent: and for other trespass supposed to be done 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 Plaintiff, 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 Plaintiff, or of rent of his houses, let called Hushire: in which cases the Defendant shall not have his Law, nor no protection in such cases hath been allowed. Item, Where a woman that hath a husband useth any Craft within the said City by herself 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 be impleaded, in such a case, the wife shall plead as sole in a Court of Record, and shall have her Law and other advantages by way of plea, as a sole woman, and if she shall be condemned, she shall be put in prison, until she hath made agreement. Item, The husband nor his goods, shall be in such a case charged nor impeached, etc. 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 shall 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 married at the time of the Lease, the lessor not knowing thereof. Trespass done by the Wife. Item, If a plaint of trespass be made against a man and his wife for a trespass, done by the wife solely, than the wife shall answer sole without her husband, if the husband come not, and shall have plea as a sole woman, and if she be attainted of trespass, she shall be condemned, and committed to prison until she hath made a greement. Item, Trespass done to the Wife. If a plaint of trespass be brought by the husband and the wife, of Battery done to the wife, in such case the wife shall be received for herself, 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 plaintiff acknowledgeth that the husband made the contract with him by the hand, intervening and transaction of the defendants wife, Aid of the Wife than the same defendant shall have aid of his wife, and shall have day, until the next Court, to consult with his wife: and the same day shall be given to the Plaintiff etc. Item, How a man shall he termed a Freeman of London. When any defendant in plea of debt or other action personal, wageth his law as a Freeman of the City, and the plaintiff demands how he is free, it behoveth that the defendant allege, that he is free by redemption: and if he say that he is free by redemption, the plaintiff may cause that the defendant to show his Record at the next Court. And if he fail of his Record, than he shall be attainted and adjudged convict in the cause. And if the defendant allege that he is free by birth, the plaintiff 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 allege 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 suit 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 plaint or debt, jointly or severally to make contribution: so that every one shall pay his part, according to the usage of the said City, saving reasonable answer to the parties. Item, Of foreign 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 alleged, that the defendant hath goods and chattles, or debts in other hands, or in others keeping within the said City, and the plaintiff prayeth that such goods and chattles may be arrested, and an extent may be made of the debts, then at the suit and suggestion of such plaintiff, such goods and chattles shall be arrested wheresoever they be found within the City, and an extent shall be made of the debts at the peril of the plaintiff: and this done the plaintiff shall pursue at four courts before the same Sheriff before whom the plaint was affirmed until the defendant be four times demanded: And if the defendants come not at the fourth Court, and hath made four defaults, then shall the goods and chattles arosted, be taken and delivered to the plaintiff. And if the goods amount not to the value of the debts, than the debts extended in the hands of the debttors shall be levied and delivered to the same plaintiff in part of payment of the debt demanded. And such arrests of goods and extents of the money are called foreign attachments, according to the custom of the City: And thereupon the plaintiff 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 money whereof he hath had execution, if so be that the defeudane come within the year and the day next ensuing into the Court, and that he can discharge himself, and justify by law that he ought nothing to the plaintiff, at the time in the plaint mentioned. And if the same defendaut will come within the year and the day, as is aforesaid, before execution, or after, and find surety to justify himself, and plead with the plaintiff than he shall have a scire fac. out of the same Record against the party, that hath had such execution, to warn him to come to the next Court, if he knows 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. shall have restitution of all such goods and chattels so taken, or of the value thereof, and of all the moneys which the party hath received by the foreign attachment. In the same manner he shall have restitution, if he can discharge himself by way of plea. And in the same manner restitution shall be made, according to the rate of proportion, if the defendant can discharge himself by way of plea of parcel 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, than his pledges shall be charged. And if he upon whom such foreign attachment is made, come not within the year and the day to justify himself, as is aforesaid, than he shall be barred for ever after And it is to wit, that having such foreign attachment, if any other will come in Court of Record before the 4 default be recorded, The proof in foreign 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 himself alone, to the value of a groat, than he shall have the proof, and shall answer in manner aforesaid, by himself, and shall have delivered unto him all such goods so arrested, or parcel thereof, according as he hath made the proof thereof. Item, Of the same Likewise a servant shall make proof of his Master's goods being in his custody, according to the discretion of the Court. And also if the defendant in such foreign attachment come in Court at the 4 default recorded or before, he shall be received to plead with the plaintiff: And in the same manner shall be received if he come before execution sued: so that the plaintiff be present in Court, or otherwise be warned. And in the same manner, in such foreign attachment those in whose hands any goods be arrested by suggestion of the plaintiff. And those in whose hands any moneys 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 penny to such defendants at the time that the arrests and extents were so made, in their hands. Item, Of foreign matter pleaded out of the City. where a man is impleaded before one of the Sheriffs of London, by plaint of debt & the plaintiff showeth 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 shall not be received to plead any acquittance or release of the plaintiff, bearing date in a foreign 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 allege any payment, or other matter to be done in a foreign County, out of the said City, to put the Court out of jurisdiction; and if that such a defendant will not say any other matter, he shall be concluded for default of answering. But, if it happen that the endorsement of the obligation or the Indentures thereof made do make express mention of doing or performing any condition, or if other matter be alleged by the defendant, than the Court shall surcease, and it shall be said to the plaintiff, that he sue at the Common Law. And in the same manner is used a plaint of trespass, and other actions personal of bargains, and contracts made within the said City, and the defendant shall not be received to plead, nor allege 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 certain place. Where an obligation is produced, which beareth not date in any certain place, and the plaintiff in this court doth allege that the said obligation was made in a certain Parish within the City of London, and the defendant allegeth, that the same obligation was made in a certain place out of the City, and be ready to aver the same, and therewithal doth plead a matter there, in avoidance of the said obligation. And the plaintiff offereth to try by the Country, that the said obligation was made within the City of London, in manner, as to the Court, shall seem good, in such case is used to take the inquest in London, and the Parish where the plaintiff counced that the obligation was made, if the plaintiff pray the same. And if it be found that the obligation was made in London, as the Plaintiff hath proposed by his co●ur, then shall the desendant be condemned in the debt and in the damages 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 appear by the same obligation; yet notwithstanding the plaintiff ought to recover but only the clear debt which is behind, and that by the oath of the plaintiff, or by the true information of his Attorney, if the plaintiff be not present, and not the double debt contained within the said obligation. And his damages shall be taxed him by the Court, according to the time passed 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 days of payment contained in the said endorsment, or in the Indentures thereof made, or other like matter, and thereupon puts himself upon the Enquest, & it is found against the defendant by verdict of the Enquest: Yet the plaintiff shall recover nothing but that which is clearly found due by the Enquest, viz. the single duty, and his damages, taxed by the same Enquest. And if the obligation be single, which is showed forth, and the party defendant doth acknowledge the obligation and the day be past, and the defendant allegeth that the plaintiff is paid parcel of the debt, than the plaintiff at the request of the defendant shall be examined by his oath, how much money is behind. And in such a case, the plaintiff shall recover nothing over that which he will swear is due and behind, and his damages shall 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 plaintiff shall 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 shall be fined for denying his deed, and in other cases shall be amerced. Item, Of an obligation upon certain conditions where an obligation is made of a certain sum upon certain 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 especial condition broken and it is found by the inquest upon the parties own showing against the defendant, which is so bound and that he hath broken that condition; yet the plaintiff shall not recover the whole obligation, but he shall recover the damages which he hath sustained, by reason of the condition broken: and the damages shall be taxed by the same Enquest, and the obligation shall be saved, for the saving of the other conditions hereafter. But some make a question of this custom. Item, Of acquittances and other evidences alleged to be in foreign parts If an obligation of debt be showed forth, and the defendant allegeth that he hath an acquitrance or Indentune, or other things ensealed by the plaintiff, the which may stand him in stead, and be a discharge against the plaintiff, if he had them ready in hand, and say further, that the miniment, are in a foreign County and out of the City, and be ready to make oath thereof; then the same defendant after his oath made shall 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 shall find pledge at his peril; to come at his said day, and bring the same deed, And if he make default at the day, or if he fail of that which he alleged, than he shall be condemned in the said obligation, and damages shall be taxed by the Court, saving that the Plaintiff, or his Attorney, shall 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 plaintiff come to the Sheriff and bring with him six or four Freemen and credible of the said City, that will testify, that the defendant is flying away, and that he will withdraw and absent himself; then the said Sheriff upon their testimony, may arrest the said defendant by his body or goods, as of a Foreigner, etc. 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 detaining of goods de placito captionis & detentionis catallorum, and pledges shall be found to make return of the goods or of the value, as in a Replegiate. Item, The defendant shall answer, & the plaintiff very presently. It is the usage of such actions personally before the Sheriffs that at the first day when the parties appear, and the plaintiff hath counted against the defendant, the same defend shall answer the same day without having any day given him to emparle: And in the same manner, if the defendant pleads any plea or matter alleged against the plaintiff, the plaintiff shall presently reply without having a day's respite to emparle, without the assent of the parties. Item, What custom shall be discussed by the Mayor & Aldermen. If some customs or usages are pleaded or alleged in the Sheriff's Courts, whereof the Sheriffs nor their Ministers be fully informed: then such customs and usages shall be discussed by the Mayor and Aldermen, and that before Judgement thereof rendered. And it is to be understood, that no adjornment is made in the Sheriff's Courts, nor any day given by pre-appointment, but only that the parties should keep their day at the next general Court, if it be not upon some special 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 Tail 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 Tail ensealed showed forth in proof of the debt, the defendant shall not have his law that he oweth nothing, nor any other matter, no more then against an obligation. He may well say, that the day of payment is other than the Plaintiff counts. Item, Of taking Kecognizances the Sheriffs of London use, and each of them by himself. to take Recognizances of debt in their Courts, of what sum soever: And if the day of payment be past, and the money not paid, then at the suit 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, shall 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 year be past, than a scire fac. shall be sued against the Recognizor to come in, if he knoweth any thing to say, wherefore execution shall not be made of his goods, as is aforesaid: the which Recognizance shall be entered in the Sheriff's 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 Goals, which they are always to hold in ward, and not to go at large out of their houses, or the aforesaid Countors. Item, Of plaints between Merchants, and Merchants. In plaints of debt and accounts, and other personal contracts between Merchants and Merchants, if the plaintiffs counts that the defendant at any Merchandizing Village or in a place merchantable within the Realm did bargain for, and buy of the same plaintiff some merchandises, or received his money 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 shall the inquest be taken of the people of the said City, and of the merchandizing town, where the contract is supposed, to this intent, that such merchants, may have notice of the same contract. Item, Of the same. The Sheriffs of London have always used to hold pleas before them between what merchants soever, where both parties are Merchants, of all bargains and personal contracts, which touchcing merchandise made beyond Sea, at the merchandizing town or place merchandizable, where the bargains and contracts are made by express words upon payment, or delivery, of the merchandise, or to render account within the said City of London. And in such a case if the parties descend to an issue of Enquest, then shall the Enquest be taken of men remaining within the same City, viz. of Merchants travelling that use to pass over the Sea, which best may have knowledge of the aforesaid bargains and contracts. And if any foreign Merchant and Alien be party to the plea and such inquest be to be taken, than the Merchant Alien shall have the moiety of the Enquest of his own Country men, Which withdraw themselves out of the City. etc. 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 carried away his goods. And it is testified, that he hath lands or tenements within the City, then at the pursuit of the plaintiff, the plaintiff ought to hold them by the same extent, until 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 year and a day after the delivery made, and can discharge himself, that he oweth nothing to the plaintiff. Item. Examination in a plea Personal. The Sheriffs use to examine the parties in all actions personal depending before them, if any of the parties desire the same, and to proceed to judgement, according as it is found by examination. Item, Where any personal action is depending before either of the said Sheriffs, Of the same and some matter is alleged by the defendant in bar of the action, or a thing material to delay the plaintiff. And if the plaintiff puts himself upon the oath of the defendant peremptorily, that the plea or the exception given by the same defendant is not true, than 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, than 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, than he shall be held as convict in the cause, and thereupon the plaintiff shall recover that which lieth in demand, according as it may be found by examination of the plaintiff, or by inquest of office, if need be. And if he make the oath, the plaintiff shall be outed of his suit or action, if he for his part will not swear that the suit or other matter alleged by him is not good and true And if such an oath be required of the plaintiff, and the plaintiff take the oath, he shall recover by the same oath if the exception be material, 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 main prize. If a man be arrested by a plaint of debt, or by other personal action, and find surety to be ready at the next Court, before the Sheriffs to answer to the Party: At which Court although the defendant be demanded in convenient time, to come and save his mainprize 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 appear in the Sheriff's Court, the usage is that the Plaintiffs may amend their plaints, and their Bills, before that the said parties be at issue, or plead to judgement in Court of Record. Item, Acton of account. In an action of account before the Sheriffs, the plaintiff by usage of the City may not count that the defendant was his Bailiff 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 keep common shops of trade, or of Merchandise. 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 always that the Mayor of London, that is for the time, may send to the Sheriffs to cause the complaint and the process to be brought before him and their Aldermen, to determine and discuss the same complaint before them, or to send back the said complaint before the same Sheriffs, further to proceed in the said process, according to that which the Mayor and Aldermen shall see fitting to be done, and to command the Sheriffs to surcease at their wills. Item, Where the debtor shall be arrested before the day contained in the obligatio Of fugitives. When a debtor is bound within the said city by obligation in a certain sum, to pay at a certain 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 Sheriffs of the said City, making such a suggestion, and hath with him six or four credible men of the same City; that will truly testify that the debtor will withdraw, and convey his goods out of the City, or that he is not sufficient to make payment, than 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 keep the same debtor in prison, until 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 himself, with aid of his neighbours without other officer, may arrest his debtor, and carry him to the office of one of the Sheriffs, and there make his suit, as the law requires, etc. Item, Of merciments. Touching the amerciaments taken upon the plaints in the Courts of the Sheriffs, it is used, if the demand be of 40. s. or under, to take 4. d. and if they pass 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 Felony, 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 years, 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 farm for 40. s. rent, and under, they shall give warning by a quarter of a year before the departure, at the peril of the tenant. And in the same manner, Of Execution at the. choice of the Plaintiff. warning shall be given to the tenant, if the lessor will put out the tenant, etc. Item, When a man is condemned at the party's suit in debt, or in damages before the Sheriffs, the party that hath so recovered may make choice to have the body of him which is condemned, committed to prison, until he hath made an agreement, or to have of his goods, at his peril. Item, Of Maynpernors, and Attorneys received in the counters. The pledges and Maynparnors, and Attorneys taken and received within the Sheriff's Countors, and other process there made, are held to be of record, as well as at the Courts holden within Guildhall. Item, Of Attorneys. Every Alderman of London, may by usage, record Attorneys in pleas, depending in the Sheriff's Courts, and elsewhere in the Hustings, and in the Chamber. Item, Of day given to the Enquest. When an Enquest between parties is joined, and sworn before the Sheriffs in pleas personal, if the parties will agree, the Court by usage may give day to the Enquest, to advise themselves of their verdict, until some day ensuing, in manner as the parties may accord, and that at the peril of the plaintiff, if any Juror die, or any other case happen in the mean 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 Sheriffs by usage may shut up their doors, and constrain them to come. Item, Enquest of Office. The Inquests of office which are taken by the Sheriff to inquire of frays and batteries made against the Peace, are not traversable by new Enquest by usage, but at the party's 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 Sheriff's Court whereof a man cannot have remembrance of all, etc. Item, Of general Attoenies. That all general Attorneys made and received within the Countors of the Sheriffs of London, are held to be upon record, as well as if they were taken at the Courts held at Guildhall. And such Attorneys are and aught to be entered in the grand paper of the aforesaid Sheriffs, for the fee thereof due etc. Item, That none shall offer any injury, in deed nor word to the Sergeants, or to the Bailiffs of the said City, nor that none disturb them in doing execution of judgements, attaches, distresses, or other things which pertain to Bailiffs, or Sergeants to do, and which are commanded them, upon pain of imprisonment, and to make ransom, according as the custom willeth to be done. Whereupon, Custom for citizens to buy and sell in publicks & open places. as to the taking of the said say't the action lieth, 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 holiday, 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 public 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 trespass, when etc. A. B. was possessed of the said salt, and he so being of the said salt possessed, etc. that is to say, on the 20. day March, etc. in the fifth year of the King that now is, being a holiday, the said A. B. in one open place, viz. in an open shop of the defendants, situate in the parish of St. etc. 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 trespass is supposed to be done, etc. the said Salt of his Cover then and there took, and carried the same away, as lawful it was, etc. 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 plaintiff, etc. And the said plaintiff by his aforesaid Attorney cometh and requireth, according to the custom 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 Apprenticeship, that the Twentieth day of May, in the seventeenth Year of the Reign of King H. 8. He by the Name of Thomas Barn of Dale in the County of Liccester, Husband. was Apprentice unto John Ward Citizen, Alderman and Grocer of London, and in his Apprenticeship, stood according to the custom of the said City, and admitted into the liberty of the said City, and sworn in the time of john Rudston, than Mayor of the said City, and john hus, than Chamberlain thereto and entered in the book, which is signed with the letter M. of the buy and admissions of Freemen as of Record before the said Chamberlain fully appeareth. Moreover, that the said Defendant will verify, that the said john Batemanson, in the narration and plaint aforesaid nominated, and the said I. B. in the said Record, before the said I. H. Chamberlain nominated, are one and the same person, and not divers, and as well by the name of I. B. as by the name of I. B. always hitherto known & called, and so he saith, etc. And the said Defendant saith that he is a Freeman of the said City of London, by his Apprenticeship, according to the custom. All and every which matters, he the said defendant is ready to verify, as the Court, etc. and demandeth that if the aforesaid defendant, etc. The King to his wellbeloved, and faithful William Merre Adam of Shopenhange and to Walter of Padenham, assigned for the assessing of the tallage, or customs, within Our Cities, Burrougheses, 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. book fol. 50. have showed to us. That whereas some of them have used to be brought divers their goods and merchandizes from London unto Henly, in the County aforesaid, there to be sold upon Market days, and with them to trade from week to week. And that some of them buy divers Goods and Merchandizes in the parts there adjoining, to be brought to London, for their profit to be made thereby. And they hire little houses and places in the said town of Henly, from term, to term, as well for the aforesaid goods and Merchandizes brought thither to be laid up until they may conveniently sell the same. As also, for the aforesaid goods and merchandizes brought there in the said parts, to be laid up until conveniently they may carry the same from thence. And any certain 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 town. Yea, nevertheless, Ye by occasion of such their houses, places, and goods, and their merchandise, so put in the same do thereupon very unjustly distrain them the said Citizens and Merchants to pay Tallage for Custom, as if they had their Houses, and Lands, and tenemants, and made their continual abode, or were in Scot and Lot with the said men; to the great damage and burden of the said citizens 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 exercise their Merchandizes throughout all Our Kingdom, etc. are taxed for their Merchandizes in Our City aforesaid, with their fellow Citizens there, as often as any tallage (or custom) shall happen to be assessed upon the commonality of that City. We command you, that you do not assess 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. Witness myself at Westminster, the XIII Day of February, in the VI Year of Our Reign. Item, In the same book 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 perils and grievances, upon pain of forty Pence to the Chamber, and his body to prison at the will of the Mayor. Item, In the same book the 4. part, sol. 6. B. side For that the course of water of Thames, which wholly appertaineth to the City, is greatly disturbed by the purpresture of the keys, and other adjesments made in the said water, to the great peril and damage of the whole City. And for the eschewing of greater perils and damages in time to come, It is ordained by the Mayor and Aldermen, with the assent of the Commons, That hereafter no purpresture shall be made by the making of Keys, nor in any other manner upon the water of Thames, without view of the Mayor and Aldermen, and Commons, and unless their opinions and Judgements be, that such purpressture will not be unto the danger or hindrance of the City. A TABLE OF Sundry Offices and Rooms in the City of London, within the Lord Mayor's gift. ALvegers, Searchers, and Sealer's of Woollen Cloth. Attorney ship in the Sheriffs Court. Baker of the Bridge-house. Bailiff of the hundred of Osalston. Baliwick of Southwark. Beadelship of the Court of Request. Bell man. Clarkship of the Lord Mayor's 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. Clerk of Bridwell. Clarkeship of Blackwell Hall. Clarkeship of the Commssioners for enlargement of Prisoners in the King's Bench. Common Sarientship. Common Pleaders. Common Hunt. Common Criers. Common controller. comptroller of the Chamber. Collector of Scavage. Collectors of Wheeleadge on Loudon Bridg. Conduit at Dowgate drawing Water Forrintaker. Gauger of Wines and Oil. 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 Session's house. Keeper clean 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 several places Measurage of Silks, Cloth & Linen Meat Weighers. Measurage of Cottons. Mesurage of Bays. Packer ship. Prothonotoriship. Portership of Blackwell Hall. Portership of the Bridge 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. Town Clarke ship. Under Sherifewick. Under Water Bayley. Weigher of Raw silks. Water Bayly. 2 Yeomen of the Chamber. 4 Yeomen of the Waterside. Yeomen of the Channel. 6 Young men. PROFITS TO Be received by the Lord Mayor yearly, and other Profits arising otherwise. Scavage. IT appeareth by several 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 continual usage, that the Moiety of the Profits, of the Office of Collection of Scavage, is due to the Lord Mayor. Measurage of Linen Cloth and Silk. Item, There is yearly due, and paid to the Lord Mayor of the Profits of the Officers of Measurage of Linen Cloth and Silk which is collected by virtue of an Act of common-council, made An. 4.5. P. M. 1. l. Item, By virtue of an Act of Common-council, 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 Guildhall. 1. l. Item, There is paid yearly out of the Chamber, in respect of Waxherrings, and Scurgion, which was wont to be yielded to him by the Merchants 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 Freemen in his year. 80. l. Major Sheriffs. Presenting Mr. Sheriff at the 18.16.8. d. Exchequer. 18.16.8. d. Packer yearly, per annum. 100 marks. Cole-Meators. Cole. Meteors yearly, 10, l. a piece. and since this rate appointed, these places yield 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 four; & the Clarkship of the Lord Moyors' Court, apart by itself, to be granted to one of the Under-clarks, serving in the same Court, after he shall have served there seven years. The Clarkship of the Court of Conscience to be granted to the under-clark of the Lord Mayor Court. 180. l. FINIS.