THE ANCIENT customs AND Approved Usages of the Honourable City OF LONDON. THE Mayors 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 businesses of the same City; And there also are redressed and corrected the defaults and misprisions of such things which are against the customs and Ordinances of the City, as well at the suite 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 tradesman, 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. Of the Ministers of the City. Item, the Officers and Ministers of the said City, being found in default, are justifiable before the Mayor and Aldermen, as well at the suite of the parties, by ptocesse made, as in other manner, according to the said Mayor and Aldermens discretion. Of Actions of Debt. Item, the said Mayor and Aldermen have used there also to hold and determine pleas of Debt and Actions personal whatsoever by bill, as well between Merchants and Merchants, for merchandise, as between others that will take them by process made against the parties. Of recognizances and executions thereupon. Item, the Mayor and Aldermen, or the Mayor and Chamberlain of the City, may take before them in the said chamber a recognisance of Debt, of all such as will make any, and of what sums soever; And if the day of payment be incurred, then he to whom the recognisance 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, Item, pleas of Debt, Of pleas of Debt. according to the Ordinance, called The Statute of Smithfield, Stat. of Smithfield. are determinable one●y before the Mayor and Aldermen, according to that which is more fully contained in the Ordinance thereof made. Of Assiz●s of nuisances. Item, the Assizes of Nusancee are determinable by bill before the Mayor and Aldermen, which bill shall bee served by the Sheriffes, 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 pena●l 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 Ordinances within the said City openly for to be held& kept in the name of our sovereign Lord the King, and of th● City, upon pain thereof ordained, and the same pains to levy of all such as do against the Ordinances afore●aid, &c. 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 c●rrying of tales, and ●preading abroad o● n●we imagin●d in disturbance of the peace, makers and c●un ●r●eiter of false seals, and fal●e C●ar●ers, and ●or other no●ori●us de●ects, and those which ●●ey have ●ound culpable o● such misdeed● by confession o● the p●●t●●s or by inquest thereof mad● shal● be pun●sh●d by setting in the pillory, or further chasti●ed ●y imprisonment acco●d●ng to their merit, and according t● the rea●●●able d●scre●ion of the said Mayor and Al●e●men. Item, Of change of p●●ces, and ●b●●eviating of delays. the Mayor and Aldermen may by usage of the said City change p●●ces, and abridge de●ay●s in Action● personal, as well before themselves, and in the Sheriffes Court, and make new Ordinances such personal p●eas, the which Ordinances they conceive to be reasonable& profitable to the people. Item, That the City of London, i● held of our Sovereign Lord the K●ng, in free bu●gage. it is to be understood that all the city of London is held of our Lord the King in free burgage▪ and without mesne; And all the Lands and Tenements Rents and ●ervices within the said City and the Suburbs thereof, as well in rendition, as in drawn, are devisable by usage of the said City; So that men and women by usage of ●… he said City, may device 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 device a new rent to rise from their tenements, in manner as they like best, And th●●e which are Free-men of the same City, may device▪ their tenements in mortmain, as appeareth by the Charter of the King thereof made. That infants within age, nor women covert baron, may not device. Item, He that holdeth tenements with others, may device that which to him belongeth without more ado. But Infants within age may not make a device, nor women covert may not device their tenements by licence of their husbands, nor in other manner during the coverture. That a man cannot device his tenements to his wife, but for term of ●●se. Item, the husband may not device his tenements to his wife for a higher estate then for term of life, and the wife cannot claim other estate, upon pain to lose the whole. Neither may the husband device 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 heires of the husband, the husband may device the reversion. All testaments by which any tenements be devised, may be enrolled in the Hastings of Record, at the suite of any which may take advantage by the same testaments. And the testaments which ought so to bee enrolled, 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 bee proved by two discreet men well known, the which shall bee 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 bee enrolled in the same hasting of record and the fee shall be payed for the enrolment, and no Testament nuncupative Testaments nunc●pative. nor other Testament may be enrolled of record except that the seal of the Testator be put to the same Testament. But the testaments that may be found good and loyal are effectual, although they bee not enrolled, nor of record. Item, The testaments within the said City, Of testaments defective, yet effectual. 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, where a reversion or rent be devised by testaments enrolled of record in the Hastings, Of Rent devised by testament. 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,& those in reversion may sue a Writ of waste at their will without other attournment of the Tenants. And they may pled for the same en●ollments, if need be, although they have not the said testaments in hand. And the same custom holdeth place of Charters, Indentures, and other Writings enrolled in Hastings of Record, and such inrollments have always been used; so that the testamen●s bee proclaimed and proved in fu●l Hast●ngs as aforesaid. And the Charters, Indentures, and other Writings en●ealed may be accepted. And the conusances& 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, Ind●ntures and other Writings so acknowledged, bee after entred and enrol●ed in some of the Hastings, and the Fees thereof paid, as the manner is. Item, where a man hath devised by his Testament, Rent devised without clause of distress. enrolled 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 device 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. Of Orphans. Item, the Mayor and Aldermen that are for the time by custom of the City, shall have the Wardships 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 Aldermen ought to inquire of all the Lands and Tenements, Goods and Chattels, within the said City, appertaining to such Orphans and safely keep them to the u●e and profit of such Orphans, o● otherwise commit the same Orphans, together w●th the●r Lands and Tenements Goods and Chattels, to oth●●s their friends by sufficient Surety found of record in the Chamber of Guild Hall, to maint●ine co●venient●y the said Orphans, dur●ng their nonage, and their Lands and Tenements to repair, and the●r ●aid Goods and Chattels safe●y to keep; and thereof to render a good and l●yall account before the ●aid Mayor and Aldermen, to the profit o● the same In arts, when they shall come to their age, or when they shall be put to a mystery, or shall mary by the advice o● the said Mayor and Aldermen. And that in all cases, except that it be otherwise orda●ned and di●posed for the same Orp●ans, or for their Lands and Tenements, Good● and ●ha●tels by express words, contained in the Testaments of their Ancestors. To mary by the assent of the Mayor. And no such Orphans ought to be married without the assent of the said Mayor and Aldermen. And also where Lands or Tenements, Goods& Chattels within the same City, are devi●ed to an Infant within age, of one City, or of the ●ame City, living his Father, that such an Infant is no Orphan: yet dy usage of the said City, the said Lands and Tenements, Goods and Chattels, shall be in custody of the Mayor and Aldermen, as well as of Orphans to maintain and keep them to the use& 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, Good● and Chattels, 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 partend into three parts. that where a Citizen of the same City hath a wife and children, and dyes; all the goods and chattels of the sa●d 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 souls benefit; and the other part, shall bee to his wife: and the third part to his children, to bee equally shared between them; notwithstanding any Will made to the contrary. And therefore, as well the wife, as the children, No device to the contrary. may have their recovery and svit to demand such goods and chattels against the Executors, or other Possessors of the said goods and chattels, before the same Mayor and Aldermen by Bill. Item, By ancient custom of the City, That No foreigner shall sel Victual, or other merchandise, to any other foreigner by retail. it was not lawful for any Stranger or foreigner, to sell victual, nor other merchandise, to any other Stranger or foreigner within the same City to sell again; nor for no such Stranger or foreigner to sell victual, nor other merchandise within the City by retail. Item, By ancient custom of the said City of London, the Citizens Ministers of the same City ought to obey no Commandementr, 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 execu●ion within the said City, nor within the franchise thereof, by Land, or by Water, but only the officers of the said City. Item, Of a Writ of error. Of Judgments given in the Sheriffs Court in actions personal, or in Assizes taken before the Sher●ffs, and Coroner, by custom of the said City; the parties against whom such Judgments are given, may sue a writ of error, directed to the Mayor and Sheriffes, to reverse the said judgement in the Hasting ●f the judgement be reversible. And although such judgments be affirmed in the Hasting, yet the same party may sue another Writ of error directed to the Mayor and Sheriffes, to cause to bring the Record and process before the Justices assigned, at St. Martins the Great, as it hath been done heretofore. But if any party by such judgement given before the said Sheriffes, be convict in debt or in damage; and for that cause bee 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 Iudgment be affirmed at the Hasting,& the said parties will sue another Writ of error to reverse the same Iudgment before the Iustices assigned at St. Martins the great, as afore is said: Yet notwithstanding, the same party which ls 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. Martins 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 bee warned as the Law requires. But no Record shall bee brought before the said Justices in writing by custom of the City; but the Mayor and Aldermen shall have forty dayes respite assigned by the same Justices after their first Session there, to bee advised of the said Record,& of the process thereof; and at the first Session of the Justices, after the forty dayes, the said record and process shall bee recorded before the same Justices, by the mouth of the Recorder of the said City ore tenus. And of Judgments 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, ought 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 inquest. Item, Wives after the death of their husbands, Of not putting citizens in inquest out of the city. by custom of the City, shall have their free banks; that is to say the wise after the death of her husband, shal have of the tenement within the City, whereof her husband dyed, 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 mary, she shall lose the free bank, and her dower thereof, saving to her the dower of her other tenements, as the Law requires. Item, Every Free-man using a Mystery may by usage of the same City, take an Apprentice to ●erve 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 enrolled of record before the Chambe●●aine of Guild-Hall. And such Apprentice may bind him●elfe, or his friends may put him to his Master by their Indentures, if he bee 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 bee put for less term then 7. yeares; and the Indentures ought to be enrolled within one year after the making thereof, under a certain pain therefore limited; and after such Apprentice hath well and loyally served his 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 Free-men by their Mystery, having regard to the privileges of the Franchise, as such as have been Apprentices, or otherwise have come to the freedom by redemption. And women covert that use certain crafts within the Gity 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 enrolled, as well of women, as of men. And it is to be understood, that every one having such apprentice, may sell and device his said apprentice unto whom he will of the same Art, as his chattel. To arrest on the River of Thames. Item, The River of the Thames doth serve as the bounds of the Franchise of the Gity, for part and parcel of the Gity; 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 Gity, as parcel of the City aforesaid, as well the one part of the River as the other. And the Sheriffes of London that are for the time being, have always used to make arrests, and serve executions at the svit 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 Sheriffes of London ought by usage of the City to have forfeitures of the chattels of all kind of Fugitives and Fel●ons, 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 usage, before that the matter was discussed by course of Law. Item, If a Free-man of the said City, coming or passing with his merchandise else-where out of the same city, be constrained to pay Toll, or other custom, or that his wears be arrested, stayed wrongfully and without reasonable cause, and that it be sufficiently witnessed by men of credit: then, if afterward, the goods or merchandises, of him that did the wrong, or the Goods or merchandises 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 merchandises by the Ministers of the City and to detain them in the name of Withernam, Withernam. until agreement be 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, The Citizens of London of ancient time, ordained a house, called the Tonne in Cornhill, Of the Tonne in Cornhill. To which house the Constables, Bedels, and other Officers and people of the City into the same, have used to bring and there for the time, to imprison the trespassers going in the night against the peace, married men and women found in adultery, and chaplains▪ and others religious, found openly with common women, or with other mens wives in the night, in suspicious places; and after, to led them before their Ordinaries. Item, The City of London hath conusance of Pleas by the Kings charter. And there is a use that no Free-man of the same city shall implead another Free-man of the same city, otherwhere then in the same city, where he might have recovered within the said city, upon pain of losing their freedom. Of the Mayors see at the Kings coronation. Item, 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 Goroner 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 Indictments and appeals are taken within the said city, before the two Sheriffes, and the Coroner jointly. inquests 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 Sheriffes and Coroner jointly, ought to be arrayed and summoned by the Sheriffes 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 bee 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 goal, hath appealed another man abiding in the said goal of Newgate, or any other of the said city, the same appeal or 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, Because that the Village of southwark, southwark. and the Common-Stewes, over the River of Thames, Common-pleas are so near to the said City of London, and that Thieves and other misdoers are often-times from thence coming and repairing, and often times 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 franchise 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 Thieves and Evill-doers at the said stews, and in the said Village of southwark, as well within the Franchise, as without, and to bring them to the said Goal of Newgate to attend their deliverance there before the Justices, aswell upon suspicion, as at the svit of the party. Item, Of Priso●●●s condem●●●▪ Where prisoners are condemned or arrested and committed within the said City, and be committed to prison at the parties svit, and after bee sent for by a Writ to the Exchequer, or in other places of the King with their c●uses, the same prisoners after that they bee delivered in the Kings Court ought to be sent back again to the said City, to answer the parties, and attend their deliverance. Of houses decayed within the City. Item, Those which have tenements within the said City, shall not be suffered to despoil or wast their own tenements, nor them to take down in disorderly sort, nor to the disgracing of the said City, except it be to amend or re-edify the same. And if any man shall do or begin to do it, he shal be restrained by the Mayor and Aldermen, and punished for the trespass, according to the custom of the City. Item, If Walls, Penthouses, or other tenements whatsoever within the said City, Of Penthouses. 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, Defects in tenements. or it be found in the Wardmote, that the peril is 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 dayes after; then shall the said tenements be amended and redressed at the costs of the same party. And the said ten●ments shall remain in the hand of the said City, until the costs thereupon bestowed, bee fully levied, if the possessors of the said tenements have no other tenements, nor goods, nor chattels 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 w●th Reed, or with Shingle; he to whom the house belongs, shall pay to the Sheriffes that are for the time 40 s. and shall bee made pull down the said covering. Item, If any house within the said City be on fire, so that the flamme of the fire be seen out of the house, the dweller in the said house, shall pay unto the said Sheriffs 40. s. at the first demand. Item, The Mayor and Aldermen, and Sheriffes, Of the election of the Mayor. and all other Off cers 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-hal, 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 Gu●ld-hall; and then one of the two shall be chosen Mayor, by the Mayor and Aldermen there, by way of lot. And the said Mayor so newly chosen, the morrow after the Feast of St. Simon and Iude shal 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 pers●n, 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 Merchants of Amians, Corby and Neele, according to the ancient thereof made. And every Mayor shall hold his general Court at Guild-hall the Monday next after the Feast of Epiphany; And there shall bee assembled all the Aldermen of the said City, and all Constables, Scavangers, and Bedles, of the Wardmotes, held by the Aldermen; and the defaults found in the Wards, shall be inquired of, and examined; And the Constables, Scavangers, and Bedels, shall be sworn a new, 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 evill-doers for resistances, ill speeches, and other defaults, according to his discretion, without being for the same impeached, or sued afterward. Of the same. Item, No Mayor shall be chosen within the said City before that he hath been sheriff of the same City, by the space of a year before. Of the sword. Item, The Mayors of London which have been for the time, have used to have their Swords carried upright, before them, within the said City, and without; without holding down their swords in any mans presence, except in the presence of our Lord the King; and that Sword is called the Kings Sword. Item, The Sheriffes of London are chosen by usage of the said City on St. Matthewes day in Guild-hall, Of the election of the Sheriffs. viz. One shall be chosen by the Mayor or guardian, that shal be for the time; and the other by the Commons: And the Sheriffes shall be afterwards sworn within the said Guild-hall; and afterwards on the morrow of St, Michaels, shall be presented in the Exchequer, or to the Constable of the Charter of the said City. And the said Sheriffes shall have free election of all their Officers, and of their Farmers and 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 peri l. And the same Sheriffes pay and are accomptible 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 Sheriffes ought to have the ancient prizes and customs of the merchandises 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 out of the said City, That none sha l pass with merchandises without Bill. foreigners ought to pay. Of the election of Aldermen, and of their Office. by land nor water, by waggon or cart, horse nor bridge, without a Bill given ensealed by the said Sheriffes. 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; and the which Aldermen ought to hold their Wardmotes, as the custom is, and survey& redress the nuisances and defaults in the same wards: and shall take order concerning victuals, as else-where is declared more fully in the Articles of Wardmotes. And the Aldermen have power by usage of the said city, to arrest mis-doers, and commit them to the custody of the Sheriffes, until they be examined and delivered by the same Mayor, and the same Aldermen. Item, An Alderman after that he hath been once made Alderman, or a Sher●ffe after that he hath been a Sheriff, That Aldermen shall not be empanneled shall not afterwards be empannelled, nor put in any inquest 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 the Seisin, The Aldermen 2 s. the Bedle 6. d. Of the election of common Officers. viz. 2. s. and his Bedell 6. d. Item, All other common Officers of the aforesaid city as Recorder, Chamberlain, Wardens of the Bridge, common Sergeant at Law, common Sergeant at Mace, common Clerk, and Sergeant of the chamber, are chosen by the Mayor and Aldermen, and by the Commons. Bedels elected by the Aldermen, and by the men of the Ward. Porters of the Gates chosen by men of the City. And the Bedels are chosen by their 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 Merchant of the Hans, 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 waggon, going or coming upon the same Bridge with merchandises, shall pay to the use of the said Bridge, Cart or waggon to pay 2. d. 2. d. And every Ship or other vessel with merchandises passing by water to the said Bridge, towards the West, with the Mast standing: so that the Bridge must bee drawn up, shall pay for the passage to the use of the said Bridge two pence, Vessels 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 accomptible before two Aldermen, and four Commons thereto assigned. Item, The chamberlain of Guild-hall is chosen by the Mayor and Aldermen, Of the election of the Chamberlain, and his office. and by the Commons; and it pertaineth to the Office of the said chamberlain to oversee and keep all the books, Rolls, Records, and other Monuments, and Remembrances, that there ought to remain of Record, and the treasure, if there bee 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 shal also keep the tenements, and the money and the goods and chattels, which are devised or descended to Orphans until they be committed to other persons, nor otherwise disposed by the Mayor& Aldermen. And he shall cause the Indentures of Apprentices to be enrolled, and he shall make those Apprentices to serve. And for such as are made free by redemption, he shal set the Fines of such redemption, and he shall take fines of such as are rebellious to their Master● or guardians, and for certain other defaults committed against the Ordinances of the City. And the money thereof coming, he shall receive and keep, and out thereof, shall pay to divers Officers their wages, as to the Recorder, common Sergeant at Mace, and shall make other disbursements pertaining to his office, and shall render an account once in the year, how much he hath received payed, and spent; and that before two Aldermen and four Commoners, assigned by the Mayor and Aldermen. And also the Citizens of London heretofore, Of privileges in the circuit of the Justices at the Tower of London. 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 without the gates of the Tower and the Porter of our Lord the King shall bee 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 the people of the City, which have to do in the same Eyre. And the Usher of our Lord the King shall otherwise meddle there, during all the Eyre of that thing which pertains to the Office of the Sergeant. And that the Citizens shall make no other oath, but by the Faith they owe to our Lord the King. And that the Sheriffes of London shall have the custody of all the prisoners in all the Eyre. And that none of the said City of London or in the Suburbs thereof, except that the plea be afore begun, in the Husting of London, and after bee 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 bee alleged by one of the parties, of which the Court cannot hold conusance, nor hath power to determine thereof. And there 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 month, 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: whereupon, the same Citizens did sue their Petition to the King in these words: The Cities Petition to the Kings HIGH and Mighty Lord; Whereas your said City is founded upon the Franchises, and free ancient customs, and not upon the common Law, as other Cities of your realm. The city is founded upon franchises& 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 else-where before the Justices, at what hour they do come, in dead 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 depr●ved of their Franchises, and ancient customs; and thereupon a Writ was sent to the Justices to surcease. A Writ to surcease. Whereas in time past, An ancient custom in the city of London for tenants for fixing goods. there arose by some a matter of doubt, of, and upon the most ancient custom had& used in the city of London, of those things which by tenants for term of life, or for yeares, 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 preached, and ancient proceedings, and Judgments 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 affixed with nailes of Iron, or of wood, as Pantises, glass, locks, Benches, or such like; or if they be affixed with Lime or day, commonly called mortar, as furnaces, led, Candirons, Chimneyes, Corbels, Pavements, and such other: or else, if Plants they be rooted in the ground, as Vines, Trees, Orchards, &c. It shall not be lawful for such Tenants, at the end of their term, 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, &c. It is to be understood, that all the Lands and Tenements, Rents and Services within the city of London, and in the Suburbs thereof, are pleadable at Guild-Hal within the same city, in two Hustings: 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 dayes monday and Tuesday, viz. On the monday to demand the demandants, and to award non-suites, to allow essoins, and the Tuesday to award the default, and to pled. But for certain times, no Hustings may be held by by the custom of the city aforesaid, viz Husting of plea of Land, ought to be held a week by itself at the aforesaid dayes. But, the enrollments and titles of the said Hustings, make mention of monday only. Writs of Right patents. Writs of right patents. In Husting of Plea of Land are pleaded Writs of Right, patents directed to the Mayor and Sheriffes of London, which Writs have this process by custom of the city, viz, The Tenant or Tenants shal first haue three summons at the tenements demanded at three Hustings of Plea of Land next en●uing, after the livery of the Writ, and without demanding the tenements at any of the Hustings aforesaid. And after the three summons ended, three essoins at three other Hustings of Plea of Land then next ensuing; and at the next ensuing after the third essoing, and the Tenants making default, process shall be made against them by a grand scape, or petit scape, after the appearance, and other process at the common-law. And if the Tenants shall appear, the demandmants 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 essoined after the view, as at the common-law. And the Tenant shall have an essoing 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 pled 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, The Jurors summoned. by the advice of his Aldermen, against every Husting of Plea of Land, shall summon 12. men Free-holders, being the best and mst sufficient of his Ward, to come to Guild hall, for to pass in an inquest, if there be need, for all the rest of the free-holders in the said Ward. And if the parties pled and descend to an inquest, then shall the inquest be taken of the people inheritors, having at the least frank tenement of the same Ward where the Tenements are, and of other three wards next to the place where the Tenements are: so that four sufficient of men of the same Ward, where the Tenements are, shall bee sworn in the same inquest, if there be so many. And no damages by custom of the City are recoverable in any such Writ of Right patent. And the inquest 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 inquest to come at another Hasting of Plea of Land ensuing, by precept of the Mayor, directed to the Sheriffes. And the Sheriffes shall be ministers by the commandement of the Mayor to serve the writs, and to make execution thereof: Notwithstanding, that the original writ bee directed to the Mayor and Sheriffes 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 mere right, 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 be empannelled in the inquest 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 Vouchees 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 vouchees by Law of the said City, then the Record shall be made come before the Justices of the Common-Pleas, at the svit of the Demandant, and there process shall be made agaist the vouchee; and when the vourcher shall be ended in the said Bench, then shall all the plea bee sent back again to the Husting, 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 pled in bar by a release, bearing date in a foreign County, or pled other foreign matter, which may not be tried within the said City; then the Demandant shall bring the process into the Kings Bench for to try the said matter, as it is alleged, and according as it is found, the plea shal be sent back 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 Judgments given in the Husting and that by Bill, in the nature of a scire face, without Writ. And it is to be understood that the summons which are made to the tenants, in such writs of Right, may be made two or three dayes, before the said Husting, or the mo●row next before the said Husting. In the Husting of Common-pleas, A Writ of ex gravi querela. are pleadable Writs, called Ex gravi querela, for to have execution of the tenements out of the Testaments, which are enrolled in the Husting. Writs of dower, unde nihil habet, Writs of Gavelkind of custom, and of service, in stead of a Cessavit. Writs of error, of Judgments given before the sheriff, Writs of waste, writs de partitione facienda between Coperteners, Writs of quid juris clamat, and pe● queen serv●cia, and others: The which Writs are close, and directed to the Mayor and Sheriffes; And also Replegiaries of things taken, and of distresses wrongfully taken, are pleadable before the Mayor and Sheriffes, in the same Husting of Common-pleas, by plaint without writ. And it is to be understood, that the same Sheriffes are ministers to execute the office, and serve all the said Writs and Replegiaries, by a precept of the Mayor directed to the said Sheriffes; 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 dayes before the Husting, or in the morning before, as in a Plea of Land, and so shall be done of all other summons touching the same husting. And if the warning be given and testified by the Sh●riffe or his Ministers, the tenants may be essoined once; and if the tenants make default at the said warning testified, then shall the grand Gape be awarded; if they appear, they may be essoined after the view: and thereupon all other process shall be made fully, as is said in a Writ of Right patent in the Husting of Pleas of Land. Item, In a Writ of Dower, unde nihil habet, the Tenants shall have at the beginning three Summons, and one essoing after the three Summons, and afterwards shall have the view; and after the view one essoing: 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 notwithstand ng the husband dyed, seized. And also the Tenants may vouch to warranty, and be essoined after every appearance: and all 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 commandement to the Sheriffes by precept, that they summon an inquest of Neighbors, where the tenements are against the next Husting of Common-pleas, to inquire if the husband dyed seized, and of the value of the tenements, and the damages shall be inquired of by the same inquest. Item, In a Writ of Gavillete the tenants shall have three summons, and three essoins, they shall also have the view, they may vouch to warranty, Denizen, and foreigner, and they shall be essoined, and they must enter their exceptions; and all other process shall bee made, as before is declared in a writ of Right, in the Husting of plea of Land; saving, if the tenant make default, then the demandant shall have 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& find Surety, as the Court shall award to pay the rent within the services loyally afterward, and 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, and have again his tenements, A scire face brought by the tenant within the year and day. A scire fac brought by the demandant after the year& day. 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, wherefore the said demandant ought not to hold the tenements quietly to him and his heires for ever. And if the renant 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 Judgments, called Shartford, by custom of the aforesaid City. In a writ of wast process shall bee made against the tenants by summons attachments, and distresses, Of a Writ o● waste. according to the Statutes thereof made: and if the tenants come and pled, then he shall have one essoing▪ and so after every appearance; and if he make default at the grand distress, That the inquest shall not tax▪ but simplo damages and th● Court shall trebl●●●. This is enacted by the Statute of Gloc. capias then there shall be a commandement to the sheriff by precept from the Mayor, that the sheriff should see the place wasted, and inquire of the waste and damages accord ng to the Statute and that the inquest should return at the n●xt Hust ng 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 sheriff, 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 bee 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 personal before the Sheriffes, 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 Sheriffes, 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 bee recovered in Assizes, before the Sheriffes and Coroner, &c. Replegiari●. Item, In a Replegiarie, the process is such; If any man take a distress in another mans ground within the said City, he to whom the goods belong, may come to one of the Sheriffes, and have a minister by commandement 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 Sheriffes paper in this manner: Such a one maketh his complaint against such a one, of his goods unjustly taken in his house, or in his free-hold, 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 bee 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 bee put on the File, and the parties shall be called for. At which day the one and the other may be essoined of common essoing. And at what time soever the plaintiff makes default, return shall be awarded to him that hath them, and the return in such case is awardable three times by the custom& at the third time not replevisable; And at what time soever he that hath thē, maketh default, then 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, then 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, and 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 essoined 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 essoined to serve the King in a Replegiary, and at the day that he hath by essoing 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 Sheriffes, containing the matter, according to the form of such a Wr●t. And the parties shall be warned by precept of the Mayor, directed to the said Sheriffes: And the tenants may be essoined, and if they come, they may pled their matter; and if they make default, the Partition shall be awarded by default. Of the Beadle. Item, every Beadle by the advice of his Alderman, against every Husting of Common-pleas, shall summon 6 Free holders, the better and sufficienter of his Ward, to come to the aforesaid Guild-hall, to pass in inquests, if there be need, if there be so many Freeholders in the said Ward. And the inquest shall bee presented, as is aforesaid, in the Husting of Plea of Land. Of Exigents. Item, 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 out-lawries and veniries shall be awarded in full husting before the Mayor and Aldermen, by the mouth of their Recor●●r. And also all Judgments that are given in the Husting, after every Husting shall be enrolled▪ and sent to the Chamber of Guild-hall aforesaid. Item, It is to bee understood, that all the amerciaments made at those Hustings, do appertain to the Sheriffes of the City. Of summoning the Aldermen to the Husting. Item, The Aldermen of London are summoned to come to the husting, and they ought by usage of the said City to be summoned by an Officer of the Sher●ffe, sitting upon a horse of 100. s. price at least. A tail. And if it happen, that between Merchant and Merchant, or Citizen and Citizen, there be debate of Debt, and a tail be shewed 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, and not by villains. Item, the Assizes of Mordancester Of assizes of Mortdancestor are held and determinable before the Sheriffes, and Coroner of London, on the Satturdayes, from fourteen dayes to fourteen dayes at the Guild-hall; the process wherein is in this manner, viz. He that will have such assize, shall come in the Hu●ting, or in the congregation of the Mayor and Alder●en in the Chamber of Guild-hall, any monday as it is said in the assize of fresh force, and shal make a Bill c●ntaining the form of assize of Mortdancestor, according to the case, and the Bill shall be enrolled. And afterward the common Clerk shall make another Bill, containing the whole matter of the first Bill, making mention of the title of Husting, or of the day of the Congregation of the Mayor and Aldermen; and that Bill shall be sent to the Sheriffes, or to one of th●m to serve according to the custom. And which Bill shal be served by any Sergeant, or other Minister of the Sheriffes, viz. The said Minister the Wednesday next after the livery of the Bill shall make his summons at the tenements demanded by witness of two Free-men 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 dayes to fourteen dayes at their wills, and so may the tenants sue if they will for their deliverance. And the arraygnments of the panels of such assizes shal be made by the Sheriffes& their Ministers, or by the Mayor and Aldermen, if any as 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 essoined as at the Common-law, and the tenants may vouch to warranty within the said City, and also in a foreign County, if the Vouchee have no tenements within ●he City. And if the tenants pled 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 svit of the party the Record shall be brought in the Court of our Lord the King by a writ delivered to the Sheriffes and Coroner, and there shall such foreign pleas, and foreign vourcher be tried, and determined, and after sent back to the said Sheriffes and Coroner, to go forward and pr●ceed, according to the custom of the City. And continuance shall bee 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▪ then the same Assizes shall bee engrossed, and entred of r●cord by the said Sheriffes and Coron●r▪ and after sent to Guild-hall, to remain there of Record, in manner as the Assizes of fresh force ought to be. A custom that free-men of the City of London may bequeath their tenements which they were solely seized. The City of London is an ancient City of our Lord the King that now is, and of his Pr●genitors: In which City, such a custom is held, and whereof the time is not to the contrary, hath been held, that every Freeman of the aforesaid City being soly seized of any Lands or Teneme●ts within the aforesaid City, by all the time aforesaid, might and may bequeath such his Tenements to any pers●ns or person it likes him best, as well secular, as religious, in fee-tail, or for term of his life, &c. Item, Assizes of novel disseisin called fresh force of lands and tenements, and rents, within the City of London, of disseisins made within 40 weekes, are held and are determinable before the two Sheriffes, and the Coroner of the said City in common every Saturday in Guild-hall, except certain times that the assizes may not be held for reasonable causes: and therein the process in this manner, viz. When any man is aggrieved and d●ssei●ed of his Freehold within the City or Suburbs thereof; he shall come to any husting held at Cu●d●●l●, or for want of the husting to the Ghamber of Guild●all to the congregation of the Mayor and Aldermen any monday, and there shall make a Bill, and the Bill shall bee thus. A. of D complains of intrusion against C. of E. of his free tenement, in such a Parish in London, or in such a Parish in the Suburbs of London. And the same Bill shall be enrolled; and thereupon another Bill shall be made, containing the whole matter of the former Bill by the common 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 Wednesday next ensuing, viz. The Sheriffes Officer to whom the Bill is delivered, shall summon the tenant, or the tenants mentioned in the said Bill of assize, by the view of two Freemen of the City, and that at th● tenements where the disseisin is made, or at the tenements whereout the Rent is supposed to be issu●ng, and it shall be said there to the tenants, that they keep their day at Guild hall the saturday then 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 saturday. And the arrayments at the perils of the Jurors, shall be made by the Sheriffes or their Officers, or by the Mayor and Aldermen, if any of the parties upon a reasonable cause will pray the same. And afterwards the same assizes shall bee 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, bee pleaded in such assizes; then the plaintiff may sue, to cause the Record to bee brought to the Court of our Lord the King, to try the matter there, as the case requires: and when the matter shall bee determined in the Kings Court, all the process shall be sent back to the said Sheriffes, and Coroner, or to their Successors, or to proceed forward, according to the custom of the City, in manner, as it hath been heretofore. That no discontent is within the City of assizes, &c. And it is to be understood, that there hath not been any discontinuance in such assizes: neither is there any mention made in the Record, of the dayes between the assize brought, and the day that the assize shall be taken, or judgement given; if it be not for a necessary cause, or that such assizes be taken before the Sheriffes and Coroner, as is aforesaid, and judgement be thereof given: then shall such assizes determined, be entred 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, &c. Imprimis. It is to be understood that the Sheriffes holds the Courts of our Lord the King before them in the Guild-hall of London, and plea● of debt, Of the Sheriff● Gourt. of any sum whatsoever, and of all other actions personals, at the svit of the parties. And each of the said Sheriffes holds his Court at Guildhall by himself ●everally, and that by virtue of the plaints and quarrels made before the one and the other of the same Sheriffes, as well in their Countors, as at Guildhall according to the custom of the aforesaid City. And every of the said ●heriffes 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 dayes, or other reasonable causes. Item. The clerks and Officers of the said Sheriffes presently upon the plaints made, use to award a capias, Action of deb● or other process against the Defendants, by the testimonies of the Sergeants of the said Office thereto deputed, rs well in the said Countors, as at Guild-hall: and it is the use to award a capias in plaint of Debt, account, Covenant, and other Actions personal whatsoever, &c. Item. Action of debt he that is so arrested at the suite of the party for Debt, or other action personal, may find Sureties in the said Courts, or else-where, before the Sheriffes, or their clerks thereto deputed, to come to the next Court at the said Guild-hall, 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 bee 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 then 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 suite, and the quantity of such damages, and such plaec. 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 bee truly certified by the same inquest, or by sufficient examination of the plaintiff, that the Defendant is not culpable in such case, the plaintiff shall recover nothing, notwithstanding the default, &c. Item. When any such main pernors be arrested, and committed to prison, because the principals are not found: yet notwithstanding whensoever the principal may be found, and is under arrest at the svit of the main pernors, then the said main pernors shall bee delivered. Item. If a man be arrested in a plea of account, and find Sureties to come at his day, or if he do not pled to the issue, or pled in judgement, and find Sureties to attend until the svit 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 bee 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, then 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. If a plaint be made against any Free-man, Of common Free-men of the City, and of those that be resian● in the same. 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 Guild-hall to answer to the party plaintiff at the Court of Denizens. At which Court, if he make default, he shall bee amered, and the grand distress shall be presently awarded by usage of the City; and it shall then bee awarded, that the doors of the Defendant shall bee 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; then it shall bee 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 suff cient 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 away or is not sufficient; then shall bee 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 commandement 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 pled to the inquest▪ or in Judgmenr, then they shall bee ord●red according to the usages of the City without any es●oyne had at such personal actions before or after. Challenges after default. And although that such a Defendant that hath pleaded to an inquest, make default after the inquest bee joined; yet notwithstanding, if he come afterwards when the inquest shall be charged, he shall have his challenges to the Jurors, and shall give his evidences, notwithstanding the default. Item. After the parties be at issue of enquiry, That when the inquest is summoned,& returned in court, the Defendant is not demandable. How a Freeman oaght to wage his law w●th feven mens bands. the same parties are not demandable before that the inquest be summoned; but the inquest may be summoned as well at the svit of the Defendant, as at the svit 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 mens 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. How a foreigner ought to wage his law with 3 hands. And if the Defendant be a foreigner Stranger& not resiant in the City, 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. This is neither law nor cuisome used at this day. And if he have not two men ready to make an oath with him; then the defendant at the request of the plaintiff, ought to go under the custody of a Sergeant of the Court to 6 Churches nearest to Guild-hall, and in the same Churches to swear that the oath which he took in Guild hall was good. And then the Defendant shall be brought back to Guild hall, and have his judgement to bee 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. Item. That a Freeman ought to wage law in a plea of trespass with 7 hands. 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 Exor. and Admoror. without especialty. 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 such 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 bee impleaded in such a case, the wife shall pled 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 shal 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, &c. Item, If a woman that hath a husband, A house hired by a woman sole. as a woman sole hire any house or shop within the said City, shee shall bee charged to pay the rent of the said house or shop, and shal 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. Item, trespass done by the wife, If a plaint of trespass be made against a man and his wife for a trespass, done by the wise solely, then 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 shee hath made agreement. 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 is 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, then the same defendant shall have aid of his wife, Aid of the wife & shall have day, until the next Court, to consult with his wife; and the same day shall be given to the plaintiff, &c. Item, When any defendant in plea of debt, How a man shall be termed a Freeman of London. 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 redmeption: 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, then 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 born in the City, and that shall be inquired by the inquest taken in the said City, of such a place where the defendant will allege that he was born, and that issue is peremptory. Of contribution by obligees. Item, Where two or more are obliged within 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 svit in the same City, and recovers the debt against one of the obligees solely; then he that hath paid the debt or is so condemned, may sue against the other obliges by plaint or debt, jointly or severally to make contribution: so that every one shall pay his part, according to the usage of the City, saving reasonable answer to the parties. Of foreign attachment. Item, When a plaint of debt is brought before any of the said Sheriffes, and testimony is given by the Officer, that the defendant hath not sufficient within the said City and it is alleged, that the defendant hath goods and chattels, or debts in other hands, or in others, keeping within the said City, and the plaintiff prayeth that such goods and chattels may bee arrested, and an extent may be made of the debts, then at the svit and suggestion of such plaintiff, such goods and chattels shall be arrested, wheresoever they be found within the City, and an extent shall bee 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 chattels arrested, be taken and delivered to the plaintiff. And if the goods amount not to the value of the debts, then the debts extended in the hands of the debtors 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 thereof be made upon this condition, to make restitution to the defendant of all the goods and chattels so taken, or of the value of the same, and of such money whereof he hath had execution, if so be that the defendant come within the year and the day next ensuing ●nto 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 defendant 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 then he shall have a scire fac. Scire fac. out of the same Record against the party, that hath had such execution, to warn him to come at 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, bee warned, and make default, or that it be testified, that he hath nothing in the City; 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 or 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, then 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, then he shall bee 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, or afore execution bee sued, The proof in sorraign attachment. 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, then he shall have the proof, and shall swear 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. Of the same. Item, Likewise a servant shall make proof of his Mastresses 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, be 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 attachments 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 Sheriffes of London, by plaint of debt and the plaintiff sheweth forth an obligation, bearing date in London in proof of his debt, whether the said obligation be simplo or endorsed, or by Indentures concerning the same in such case, by usage of the City, the defendant shall not be received to pled 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 inquired and tried within the same City. And if any defendant in such a case pled any such acquittance, or release, or allege any payment, or other matter to be done in a sorreign County, out of the said City, to put the Court ou● 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, then 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 pleint of trespass, and other actions personal of bargains, and contracts made within the said City the defendants shall not be received to pled, nor allege a matter out of the said City, if not such a matter that may be inquired of, and tried within the same City. Of an obligation dated at a certain place. Item, Where an obligation is produced, which beareth not date in any certain place, and the plaintiff in his count 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 bee 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 counted that the obligation was made, if the plaintiff pray the same. And if it bee found that the obligation was made in London, as the plaintiff hath porposed by his count, then shall the defendant be condemned in the debt, and in the damages, to be taxed by the same inquest. Of a double obligation. Item, 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 pleintiffe bee not present, and not the double debt contained within the said obligation. And his damages shall bee taxed him by the Court, according to the time past by their discretion, or by the inquest. And although the defendant in such a case, against such a double obligation made, pleads that it was not his dead, or, that he hath performed the dayes of payment contained in the said endorsment, or in the Indentures thereof made, or other like matter, and thereupon puts himself upon the inquest, and it is found against the defendant by verdict of the inquest: Yet the plaintiff shall recover nothing but that which is clearly found due by the inquest, viz. the single duty, and his damages, taxed by the same inquest. And if the obligation be single, which is shewed forth, and the party defendant doth aclowledge the obligation, and the day be past, and the defendant allegeth that the plaintiff is payed parcel of the debt; then 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 pled that it is not his dead, and it bee found, that it is the defendants dead, yet the plaintiff shall recover nothing but what is found due by the inquest, and clearly behind, and his damages taxed by the same inquest; and the defendant in such case shall be fined for denying his dead, and in other cases shall bee amercyed, &c. Item, Of an obligation upon certain conditions. where an obligation is made of a certain sum upon certain conditions to be performed, by the endorsement, or by the Indentures thereupon made, and thereupon a plaint is made, and the parties be at travers, 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 inquest, and the obligation shall be saved, for the saving of the other conditions hereafter. But, some make a question of this custom. Of acquittances and other evidences alleged to bee in foreign parts. Item, If an obligation of debt be shewed forth, and the defendant allegeth that he hath an acquittance or Indenture, or other thing 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 miniments are in a foreign County, and out of the City, and bee 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 dead. And if he make default at that day, or if he fail of that which he alleged, then 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. Of Fugitives. Item, If a pleint 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 Forregner, &c. Item, The sheriff may hold before them pleas, of taking personal things, instead of a Replegiare, and avoury may be made, and return awarded to such pleas as in the Husting, if the cause touch not free tenants, And such a svit is called A plea of taking and detaining of goods. The defendant shall answer,& the plaintiff very presently, de placito captionis& detentionis catallorum, and pledges shal be found to make return of the goods, or of the value, as in a Replegiare. Item, It is the usage in such actions personal before the Sheriffes, that at the first day when the parties appear, and the plaintiff hath counted against the defendant, the same defendant 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 daies respite to emparle, without the assent of the parties. What custom shall be discussed by the May or and Aldermen. Item, If some customs or usages are pleaded or alleged in the Sheriffes Courts, whereof the Sheriffes nor their Ministers be fully informed: then such customs and usages shall be discussed by the Mayor& Aldermen, and that before judgement thereof rendered. And it is to be understood, that no adjornment is made in the Sheriffes Courts, nor any day given by pre-appointment, but onely that the parties should keep their day at the next general Court, if it be not upon some special cause. Item, Actions of debt Of Action of debt. are maintainable by usage of simplo grants and assignments, and of pledges, and of a covenant simply, without specialty. Item, Of tails ensealed. A tail of debt ensealed by usage of the city, is as strong as an obligation: and where a plaint of debt is made, and such a tail ensealed shewed 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 then the plaintiff counts. Item, The Sheriffes of London use, Of taking of recognizances. and each of them by himself, to take recognisances 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 svit of him to whom the recognisance was made, if he be a Denizen, all the goods and chattels of the Recognizer found within the City, shall be taken and delivered to the party, to the value that the debt contained in the said Recognisance amounteth to, without extending any land of the Recognisor. And if the year be past, then 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 recognisance shall be entered in the Sheriffes paper. Safe custody of prisoners. Item, The Sheriffes may hold by usage with prisoners soever before them condemned or eommitted unto their custody, as well in their h●uses, where they are then dwelling, as in the common goals, which they are always to hold in ward, and not to go at at large out of their houses, or the aforesaid Countors. Of plaints betw●en Marchants, and Marchants. Item, 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 merchandable 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. And if the parties be attravers, note this well. and pled to issue of inquest, then shall the inquest bee taken of the people of the said City, and of the merchandizing town, where the contract is supposed, to this intent, that such merchants passing, may have notice of the said contract. Of the same. Item, The Sheriffes 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 touch merchandise made beyond Sea, at the merchandizing town, or place merchandizeable, 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 of the parties descend to an issue of inquest, then shall the inquest be taken of men remaining within the same city, viz. of Merchants traveling, that use to pass over the Sea, which best may have knowledge of the aforesaid bargains and contracts. Of those which withdraw themselves out of the City. And if any foreign Merchant and Alien be party to the plea, and such inquest be to be taken, then the Merchant Alien shall have the moiety of the inquest of his own Country men &c. Item, If a plaint of debt be made▪ and it is testified by the Minister that the defendant is not resiant within the City that he hath absented himself, and carayed away his goods. And it is testified, that he hath land● 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 Sheriffes 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, Of the same Where any per●onall action is depending before either of the said Sheriffes, 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, then the said defendant if he be in Court, or if he bee resiant within the City,& that he may conveniently come, by the discretion of the Court, then he shall make his oath that his plea or exception that he hath given is good& true. And if he come and refuse to make such an oath, then he shall be held as convict in the cause, and thereupon the 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 bee. And if he make the oath, the plaintiff shall be outed of his svit or action, if he for his part will not swear that the suite 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. Of default after mainprize. Item, 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 Shrieffes 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 pled, 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. Of amending Bills. Item, Where parties appear in the Sheriffes Court the usage is that the plaintiffs may amend their plaints, and their Bills, before that the said parties bee at issue, or pled to judgement in Court of Record. Item, In an action of account Action of account. before the Sheriffes, 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 merchandises. Item, Of plaints removed out of the Shrieffes Courts. Where pleas are depending before the Sheriffes the usage is always, that the Mayor of London, that is for the time may sand to the Sheriffes 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 sand back the said complaint before the same Sheriffes, 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 Sheriffes to surcease at their wills. Item, Where the debtter shall be arrested before the day contained in the obligation Of fugitive. 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 or Sheriffes 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, then the Mayor, or one of the Sheriffes 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, if the tenant be fugitive. Houshire To arrest a debtor without a sergeant. Item, If a Freeman of the City find his debtor suddenly within the same City, which debtor hath absented himself before, or that he be fugitive, 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 neighbors without other off●cer, may arrest his debtor, and carry him to the office of one of the Sheriffes, and there make his svit, as the law requires, &c. Of amerciments. Item, Touching the amerciaments taken upon the plaints in the Courts of the Sheriffes, it is used, if the demand be of 40. s. or under, to take 4. d. and if they pass 40. s. the usage is to take 12. d. for the amerciament. Of Landlords. Item, If a lessee within the City be fugitive, or absent himself, whereby his goods within the house bee arrested, yet the lessor called the Landlord, shall bee served before all others for the rent of the house, being behind by two yeares, and for so much money, goods shall be left within the said house, to the use of the said Landlord. Of giving warning to the Landlord. And although that such a Farmer within the said City commit felony, or other contempt, for which his goods and chattels are arrestable, and subject to forfeiture, yet the lessor, by usage of the City shall be paid for his rent behind, by two yeares as is aforesaid, of the goods found within the same house. Warning to the Tenant. Item, 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 befyre 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. Of Execution at the choice of the plaintiff. And in the same manner warning shall be given to the tenant, if the lessor will put out the tenant &c. Item, When a man is condemned at the parties svit in debt, or in damages before the Sheriffes, 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, The pledges and Maynparnors, Of Maynpernors, and Attorneys received in the Counters. Of attorneys. and attorneys taken and received within the Sheriffes Countors, and other process there made are held to be of record, as well as at the Courts holden within Guildhall. Item, Every Alderman of London may by usage, record attorneys in pleas, depending in the Sheriffes Courts, and else-where in the Hustings, and in the Chamber. Item, Of day given to the inquest When an inquest between parties is joined, and sworn before the Sheriffes in pleas personal, if the parties will agree, the Court by usage may give day to the inquest, to advice 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 inquest, are not to be amerced, although they make default above 3. d. but if they tarry long, and will not come, the Sheriffes by usage may shut up their doors, and constrain them to come. Item, The inquests of office inquest of Office. which are taken by the Sheriffee to inquire of frays and batteries made against the Peace, are not traversable by new inquest by usage, but at the parties suite, every party shall make his answer, notwithstanding the inquest of office. Item, It is to be understood, that there be many other points and usages touching the Sheriffs Courts, whereof a man cannot have remembrance of all &c. Item, Of general Aicornies. That all general Att●rnies made and received within the Countors of the Sheriffes of London, are held to be upon record, as well as if they were taken at the Courts held at Guild-hall. And such attorneys are and ought to be entred in the grand paper of the aforesaid Sheriffes, for the fee thereof due, &c. Item, That none shall offer any injury, in dead nor word to the Sergeants, or to the bailiffs of the said City, nor that none disturb them in doing execution of judgments, 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, as to the taking of the said salt the action lieth, custom for Citizens to buy and sell in public& open places. not 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 whomsoever, to buy and to fell all, and all manner of things and merchandises, in all public and open places within the said 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, &c. A.B. was possessed of the said salt, and he so being of the said salt possessed, &c. that is to say, on the 20. day of March, &c. 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. &c. London aforesaid, of the said City of London, openly did sell to the aforesaid defendant, the aforesaid salt and the cover thereof for 10 l. which the said defendant to the said A. B. then and there did pay. By reason whereof, the said defendant in the time and place where the trespass is supposed to be done, &c. the said Salt and his Cover then and there took, and carried the same away as lawful it was, &c. which said taking and carrying away of the said Salt and Cover are the same taking and carrying away of the said Salt and Cover, whereof the said plaintiff, &c. And the said plaintiff by his aforesaid Attorney cometh and requireth according to the cuistome 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 Liecester Husbandman, 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, then Mayor of the said City, and John hus, then chamberlain thereto and entred in the book, which is signed with the letter M. of the buyings 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 and called, and so he saith, &c. And the said Defendant saith, that he is a Feeman of 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, &c. and demandeth if the aforesaid defendant, &c. The King to His well-beloved, and faithful William Merre, Adam of Shopenhange, and jo Walter of Padenham, assigned for the assessing of the tallage, or customs, within Our Cities, Burroughes, and demesnes, within the County of Oxon, greeting. OUR Citizens and Merchants of Our Cty of London, have shewed to us, In the white book the 3. part of the 3. book f. 50. That whereas some of them have aused to bee brought divers their goods and merchandises from London unto henly, in the County aforesaid, there to bee sold upon Market dayes, and with them to trade from week to week. And that some of them buy diver Goods and merchandises in the parts there adjoining, to bee 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 foresaid goods and merchandises brought thither, to be laid up until they may conveniently sell the same. As also, for the aforesaid goods and merchandises bought there in the said parts, to bee 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 merchandises 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 tenements, 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 Marchants, And because it is not agreeable to Right, that Our said Citizens and Marchants in the said case should be taxed wi●h the men aforesaid, especially seeing that they may freely exercise their merchandises throughout all Our kingdom, &c. are taxed for their merchandises in Our City aforesaid, with their fellow Citizens there, as often as any tallage( or custom) shall happen to be assessed upon the Commonalty of that City. Wee command you, that you do not assess them Our said Marchants and Citizens, with the men afor●aid in the case aforesaid. But that you suffer them in this behalf, to be in peace so long, notwithstanding as there shal not be other cause, wherefore they ought to be seized there. witness myself at Westminster, the xiij. Day of February, in the vi. year of Our reign. Item. That no Carter within the franchise, In the same ook the 4. part f. 16. B. side For driving of Carts. 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. For that the course of the Water of Thames, In the same book the 4. purt. fol. 6. B. side. 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 opinion and judgments be, that such purpresture will not bee unto the danger or hindrance of the City. A TABLE OF Sundry Offices and rooms in the City of LONDON, within the Lord Majors gift. ALvegers, Searchers, and Sealers of Woollen Cloth. Attorney ship in the Sheriffes Court. Baker of the Bridge house. bailiff of the Hundred of Osalston. Bal●wick of Southwark. Beadleship of the Court of Request. Bell man. Clarkeship of the Lord Mayors Court. Clarkeship of the Papers. Clarkship of the Chamber. Clarkship of the Counters. Clarkship of the Bridghouse Clarkship of the works& reparation stuff. Clarkship of the Court of Request. Clarkship of the Commissioners for the enlargement of Prisoners in execution in the Counters. clerk of Bridewell. Clarkship of Blackwell Hall. Clarkship of the Commissioners for enlargement of prisoners in the Kings Bench. Common Sarientship. Common Pleaders. Common Hunt. Common criers. Common controller. controller of the Chamber. Collector of Scavage Collectors of Wheeleage on London bridge. Conduit at Dowgate drawing water. Forrintaker. Gauger of Wines and oil. Keeper of Blackwell Hall. Keeper of the Store-house in Blackwell Hall. Keeper of Worsted Hall▪ Keeper of Bay-Hall. Keeper of the Conduit at Newgate. Keeper-ship of Ludgate, Keeper ship of Newgate. Keeper-ship of the Counters. Keeper of the Counters in southwark. Keeper of Bothlen. Keeper of the Sessions house. Keeper clean of the Market, and Market-house in Newgate Market, and Collectors of duties there. Keeper of the New-buriall place. Keepers of the Wood and coals for the poor in several places. Measurage of silks, Cloth, and linen. Meat-weighers. Measurage of Cottons. Measurage 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. Solicitorship. 3 Sergeant Carvers. 3 Sergeants of the Chamber. Sergeant of the Channel. Stewardship of Southwark. Stewardship of Finsbury. Town Clarkeship, Under Sherifwick. Under Water-Bayley. Weigher of Raw-silkes. Walter Bayly. 2 Yeomen of the Chamber. 4 Yeomen of the Water-side. 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 Courts 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. l. .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 Guild-hall. l. l. Item, There is paid yearly out of the Chamber, in respect of Wax-herrings, and sturgeon, which was wont to be yielded to him by the Marchants of the Still-yard. 5.l. 5. s. 8.d. Wines. Item, Paid by the Chamberlain yearly, in respect of 4 Tons of Wine, sometimes allowed to the Lord mayor, to cause his right of making six Free-men in his year. 80.l. mayor Sheriffes. Presenting Mr. sheriff at the Exchequer. 18. 16 8. d. Packer yearly, per annum. 100 marks. Cole-Meators. Cole-Meators yearly, 10. l. a piece, and since this rate appointed, these places yield a greater sum. 7 eild, per annum, 80.l . a piece, The two last of the Anucientest are to be disposed for the Profit of the chamber. 3. per an. 10.l . a piece. Gawning 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; and the Clarkship of the Lord Majors Court, a part by itself, to be granted to one of the Under-clarks, serving in the same Court, after he shall have served their seven yeares. The Clarkship of the Court of Conscience to be granted to the under-clark of the Lord Majors Court. 180.l FINIS.