AN ACT OF COMMON COUNCIL For the better Regulation of the COURTS of LAW In the GUILD-HALL LONDON.  
 coat of arms for the city of London 
DOMINE diring NOS   
Printed by James Flesher, Printer to the Honourable City of LONDON, 1669.   


Commune Concilium tent' in Camera Guihald' Civitatis London die Lunae, undecimo die Octobris, Anno Domini millesimo sexcentesimo sexagesimo nono, Annóque Regni Domini nostri CAROLI Secundi, Dei gratiâ, Angliae, Scotiae, Franciae& Hiberniae Regis, Fidei Defensoris, &c. vicesimo primo, coram Willielmo Turner Milite, Majore Civitatis London, Samuele Starling Milite, Majore Electo dictae Civitatis, Johanne Frederick Milite, Aldermanno, Johanne Robinson Milite& Baronetto, Alderm' ac Locumtenente Turris London, Johanne laurence& Willielmo peak Militibus, Aldermannis, Johanne Howel Milite, Recordatore dictae Civitatis, Richardo Ford& Will. Hooker, Militibus& Aldermannis, Johanne Forth, Francisco chaplain, Dannett' Forth, Will' Fluellin& Johanne Randal, Armig', Alderm',& Jacobo Edwards Arm', Alderm', ac uno Vicecomitum Civit' land', necnon majore parte Communiariorum de Communi council' ejusdem Civit' tunc& ibidem assemblat'.   

An Act for the better Regulation of the Courts of Law in the Guild-Hall London.  
WHereas in the City of London there 
The Antiquity a● great conveniency the Courts in Lond●  are Courts of Record holden of ancient custom, that have cognizance of all Actions and Causes, both in Law and Equity, so that no Citizen need to go beyond the Walls of the said City for speedy Iustice; which Courts have been in all times supplied with able Iudges, many of which, for their Worth and Learning, have been advanced to places of great Honour and Dignity within these Realms; And the KINGS and QUEENS of England, out of their great Care, and Princely Respect to the Citizens of London, have from time to time, by their respective Charters, granted and confirmed to the said City divers excellent Privileges and Immunities, which have not been granted unto other Cities; amongst which it is not the least, That no Citizen should pled, or be compelled to pled, without the Walls of the said City, but in 
Charters of H. 1. ●d most other Kings ●d Queens of Eng●d since the Con●est,( whereof di●s were granted in ●rliament,) No Ci●en shall be com●l'd to pled with●t the Walls of the ●ty, &c.  some few Cases excepted; and that Pleas should be holden in London for all Debts there made, according to ancient custom; and that none of the freedom of the City should be impleaded at the Exchequer, or elsewhere, by Bill, but of those things which concern the KING or his Heirs:  
And whereas by several Acts of Common Council of this City, still in force, it is enacted, That no 
●d by ancient Acts ● Common Council, and Freemen are pro●ited to sue one an●her out of the City, ●en they may have ●eir Recovery in ●eir own Courts, up● great penalties, ●ich have been se●ely inflicted upon and Offenders. ●he Freemen also and bound by Oath ● their admission to and freedom, not to and one another out ● the City, &c. and contrary not●thstanding much ●ed by Citizens of ●te t●mes.  freeman shall implead another freeman out of the City for any thing done within the City, where he may have his Recovery before the Mayor and the Sheriffs, upon the Peins therein limited: and whereas every freeman of this City stands obliged by his Oath, That the Franchises and customs of the City he shall maintain, and that he shall implead or sue no freeman out of the City, whilst he may have Right and Law within the same: and yet nevertheless so it is, that of late years divers Citizens, of all qualities and degrees,( forgetting their said Oaths and the Privileges of the said City) have commenced, and do frequently commence, their Actions in other Courts without this City, or, being commenced within the same, do cause them to be thence removed by Writs, whereby the Courts of Iustice within the City of London are not onely slighted, but the said Citizens, as well for petty ●… auses and small Debts as great, are troubled in ●… ther Courts, to their very great Charge and Vexa●… ion:  
And forasmuch as the Clerks and attorneys in the 
Irregular practices of the Clerks& attorneys of the Sheriffs Courts in commencing and removing Causes out of the City, and becoming Bail for their Clients.  ●… heriffs Courts of this City( contrary to several Orders of the Court of Aldermen, and Acts of this ●… ourt of Common Council) do either advice their ●… lients, Citizens of London, to commence their ●… jons in other Courts, or else, whenas Causes are ●… epared ready for Trial in the Sheriffs Courts of ●… e said City, do cause them to be removed by Writs ●… to such other Courts where they are likewise At●… rnies, and there their Clients be enforced to begin ●… 'pon a new Charge, to the great Abuse of Citizens, ●… d discouraging of the freemen of the said City to ●… mmence their Suits in London, where they are ●… ost properly determinable:  
For remedy hereof for the future, Be it Enacted, ●… rdained and Established, by the Right Honourable ●… e Lord Mayor, the right Worshipful the Alder●… en, his Brethren, and the Commons, in this ●… ommon Council assembled, and by the Authority 〈…〉 the same, That no person, or persons, be at any 
None but Freemen shall be admitted Officers, Clerks and attorneys in the Courts of the City▪ for the future.  ●… me hereafter admitted into any the Places or ●… ffices of Secondaries of the counters, Clerks 〈…〉 attorneys in the Mayors Court, Clerk of the ●… apers, Clerk-sitters, attorneys in the Sheriffs ●… ourts, of this City, Serjeants or Yeomen of the ●… ompters, but that he or they do first take his or ●… eir freedom of this City, according to former ●… s and Orders of Common Council.  
And forasmuch as it is observed, that the Clerks ●… d attorneys of the Mayors and Sheriffs Courts of ●… is City do breed and bring up under them a mul●… ude of young Clerks, taking with them considerable sums of money, but for shorter terms the●… hath been accustomend within this City; and that the attorneys, Clerks and Officers, of an●… belonging to the Sheriffs of London, and the Sheriffs Courts, do often tender themselves to the Defendants arrested in their Courts, to become thei●… Bail, whereby to oblige them the more to follow thei●… 
Inconveniences of attorneys& Officers being Bail for their Clients.  Advice in consenting to the Removal of their Causes 〈…〉 and whereby, in case of the Defendants absentin●… himself, all possible means are used to delay and disappoint the Plaintiffs in their just Suits, to thei●… great wrong, and abuse of Iustice:  
Be it therefore Ordained, Enacted and Establishe●… by the said Lord Mayor, Aldermen, and Commons 〈…〉 
None shall be admitted a Clerk or attorney in the Courts unless he have served seven years.  in this Common Council assembled, and by th●… Authority of the same, That no person or person●… whatsoever be henceforth at any time admitted, 〈…〉 capable to be admitted, a Clerk or attorney in th●… said Mayors Court, or in either of the said Sheriff●… Courts of this City, before he or they shall bona fid●… have served some Master-Clerk or attorney in on●… of the Courts of this City, as a Clerk, the fu●… term of seven years; And that every or any Gran●… 
Every Admission to the contrary shall be voided.  or Admission, that shall happen at any time her●… after to be made contrary to this Act, shall be nu●… and voided, as if it never had been made: And th●… no attorney, Clerk, or Officer, of or belonging to th●… 
No Atturnie, Clerk, or Officer, to become Bail.  Mayors Court or Sheriffs Courts, or their Clerk●… or Servants, nor any of them, do or shall, at an●… time from and after the twenty third day of Octobe●… instant, presume to become Bail for any person or pe●…sons whatsoever, in any Action, Attachment, or othe●… svit or Cause whatsoever, that shall be entered, commenced, or depending, in the said Mayors Cou●… or Sheriffs Courts; And that neither the Clerk 〈…〉 ●… he Bails in the Mayors Court, nor Clerks of the Papers, nor Clerk-sitters of the said Sheriffs Courts, nor any of them, nor their or any of their Clerks or Servants, nor any other whose duty it is to take the Bails, do presume, from and after ●… he said twenty third day of October instant, to take, ●… cept, and enter upon Record, any of the said attorneys, Clerks, or Officers, or any of their Clerks ●… r Servants, for the Bail of any person or persons whatsoever, or their or any of their Promise or Engagement, to save harmless such Clerk or other Of●… icer, for taking of any other person or persons to ●… e Bail in any Cause whatsoever, to be therein de●… ending.  
And to the end that the said City-Courts, as well 
None but Subsidy-men, or persons of like quality, to be Jurors.  ●… he Mayors as the Sheriffs Courts, may be supplied ●… om time to time with able and sufficient Iury●… en, Be it farther Ordained and Enacted by the said ●… second Mayor, Aldermen, and Commons, in Com●… on Council assembled, and by the Authority of the ●… me, That no person or persons whatsoever be at ●… y time hereafter returned, by any the Inquests of ●… he Wards of this City, to serve as juryman, or ●… ury-men, either Grand, or Petty, in the Courts of ●… his City, but such men as either have been, or for ●… me to come shall be, Subsidy-men, and so taxed in ●… he KING's Books; or, in default thereof, such ●… ther discreet and sufficient persons as shall be ●… qual in Quality▪ and Estate with them: And that ●… he Issues upon Default of Iury-mens Appearan●… s be constantly levied, and duly and truly answered. 
The Mayors Court, being a Court of Law and Equity, and superior to the sheriffs Courts, hath power of Levating Causes out of those Courts.   
And whereas the said Court, called the Lord ●… ayors Court, is an ancient Court of Record, ●… herein Causes, both of Law and Equity, and also ●… ttachments, are determinable, and the same Court is superior to the Sheriffs Courts; And wherea●… also the Lord Mayor for the time being, of ancien●… custom and constant practise, hath, and time whereof the memory of man is not to the contrary ever had power and authority, by his Warrant called a Levetur Querela, to remove Causes from and out of th●… Sheriffs Courts into the Lord Mayors Court, without any restriction or limitation of time, so as th●… same Levetur be brought before the jury, or any o●… them,( summoned for trial of such Cause or Causes▪ shall be sworn; And whereas of very late time suc●… Levetur hath been often disallowed, contrary to th●… said ancient usage, and in Contempt of the sai●… Mayors Court, upon several new pretences, neve●… heard of till of late time, whereby Clients are necessitated( especially where they have cause to appea●… to Equity) to remove their Suits out of London i●… to other Courts, whereas they might otherwise b●… relieved in the Lord Mayors Court, with far less●… Charge and greater Expedition:  
For remedy hereof it is Ordained, Enacted an●… 
No Judge or Clerk of the Sheriffs Courts shall disallow any ●evetur brought before the Jury sworn.  Established, by the said Lord Mayor, Aldermen, an●… Commons, in this Common Council assembled and by Authority of the same, That at all times her●… after the said Warrant of Levetur Querela, unde●… the hand of the Lord Mayor or Recorder of the Cit●… of London for the time being, for removing of an●… Plaint, Attachment, or other Cause or Causes, lev●…ed or depending in either of the Sheriffs Courts 〈…〉 this City, into the Mayors Court,( being brough●… by a sergeant at Mace and Minister● of the Mayor●… Court to the said Sheriffs Courts, either at th●… Guild-Hall or counter, at any time before the Iur●… or any of them, shall be sworn for trial of such Caus●… or Causes,) shall be presently obeied and allowed o●… And that neither the judge, nor any Clerk or Officer, of either of the said Sheriffs Courts, do at any time hereafter presume to reject or disallow of any such Levetur Querela, so brought or tendered unto him or them, upon any pretence whatsoever, other then in case of a farther Order or Warrant, by and under the Hand of the Lord Mayor or Recorder for the time being, in that behalf first had and obtained, as anciently hath been used and accustomend.  
And to prevent the daily Inconveniences happening 
The Novel device●▪ Continuances condemned and remedied.  in Suits now depending, or hereafter to be depending, in the Courts of the said Sheriffs, by reason of the great Delays they meet with there by putting off of Causes, under pretence of Continuances entered by the attorneys on both sides, for the most part at the very time they should be tried, without the Consents of the Parties Clients, contrary to the ancient practise and usage of the said Courts, whereby the Client is delayed, Witnesses and Iury-men discouraged, by frequent and fruitless Attendances, to the intolerable expense of the Suitor: For the preventing hereof for the future,  
Be it Enacted by the said Lord Mayor, Aldermen, and Commons, in this Common Council assembled, and by Authority of the same, that no Cause or Causes in either of the Sheriffs Courts be at any time hereafter, from and after Issue joined, put off from Trial by pretence of any such Continuances entered, or hereafter to be entered, by consent of the attorneys on either part, but upon motion thereof ●… irst made in open Court, and for some just and rea●… onable cause to be shewed and allowed upon Oath ●… efore the judge of the same Court, and upon payment of such Costs to the party thereby delayed as the Court shall see cause to tax and allow; And that no Clerk do henceforth presume to enter any Continuance in any Cause summoned for Trial, without the special Order and Directions of the judge of the Court in that behalf first had, as aforesaid; And that no fee be henceforth demanded, taken, or allowed, by or to any of the attorneys of the Sheriffs 
No Fee upon a Continuance.  Courts aforesaid, for or in respect of the putting off of any Trail, under the pretence of such Continuance entered, or hereafter to be entered, as aforesaid, upon pain, that every attorney so demanding, taking, or receiving, shall for every such Offence, 
Penalty.  for the first time, forfeit the sum of five pounds, and for the second, to be finally discharged of and from his place of attorney in the said Sheriffs Courts.  
And to prevent the great Mischiefs now daily growing and increasing in the said Sheriffs Courts 
What Costs shall be taxed in the Sheriffs Courts, and how, for avoiding the present Abuses in that ease.  by excessive Costs taxed upon judgements there given, by the consent, for the most part, of the attorneys of both sides, contrary to the usage of all former Ages, Be it Enacted by the said Lord Mayor, Aldermen, and Commons, in this Common Council assembled, and by Authority of the same, That no Bill of Costs, exceeding the sum of four and twenty shillings for the Trial of a Grand-Iury Cause, or exceeding the sum of twenty two shillings for the Trial of a Petit-Iury Cause, shall at any time hereafter charge the Client of either side: nevertheless it shall and may be lawful for the Iudges of the said Courts respectively, for good and reasonable cause shewed to them respectively by the Parties of either side, upon due examination of the circumstances of the Case,( in the presence of both Parties,) to increase the said Costs of svit by their discretions, by special Rule of Court to be entered for that purpose, expressing the cause why such Costs are so increased: And upon complaint made by any person of greater Charges then as aforesaid, and producing the Bill under the attorneys hand, or other witness, that the respective Iudges of the same Court punish the Offender, and relieve the party grieved, according to their good discretions, and the Rules aforesaid: And that no Officer of either of the said Courts shall presume to make out Execution upon any Iudgement, wherein the Costs of svit shall exceed the sums aforesaid respectively, without such special Rule as aforesaid to warrant the same, on pain to forfeit for 
Penalty.  his first Offence five pounds, to the relief of the Prisoners of that counter wherein the Action shall be entered; and for the second Default, to be expelled the Court for ever.  
And to prevent the daily Abuses of the Serjeants and 
For redress of sundry Abuses committed by the Serjeants and Yeomen.  Yeomen of the Sheriffs, sometimes in permitting persons arrested by them to go at large without Bail, sometimes in keeping them in Ale-houses, or some other private places, and not returning the process in due time( by which the parties were arrested,) so that the Plaintiff is delayed, and the Prisoner, by the extortion of the said Serjeants and Yeomen, oftentimes put to a greater expense then will discharge the original Cause of Action, and sometimes by discharging persons by them duly arrested, without causing the Actions whereon they were so arrested to be withdrawn, although they take money from the Defendant sufficient to do the same with, and sometimes in not duly returning Executions by them executed, or by discharging persons taken in Execution before Satisfaction be entered upon Record, whereby the said persons are oftentimes doubly charged for the same Debt; Be it therefore Enacted by the Authority aforesaid, That the Serjeants and Yeomen of the said Sheriffs, and every of them, shall from time to time, and at all times hereafter, make due Returns into the said Sheriffs Courts of all the Precepts of the said Courts to them to be directed, at the next Court after the Execution of the same Precepts: and that all persons by them to be arrested by virtue of the said Precepts, or any of them, shall be either delivered upon good and sufficient Bail, or, in default thereof, by him or them committed to some of the Prisons within the said City, at or before the next Court to be holden after such Arrest so to be made, to the end the party plaintiff may proceed in his Action according to Law: and that none of the said Officers presume to discharge any person or persons so by him arrested, after Agréements made between the parties, till such time as the said Officer shall have caused either the Action to be withdrawn, or Satisfaction to be acknowledged on Record, as the case shall require. And if any of the said Officers shall hereafter offend in any of the cases aforesaid, and shall be thereof convicted by Examination of the judge in open Court, upon complaint of the parties grieved, or, in default thereof, by any other who shall inform the same, That then, and in every such case, the said Officer or Officers so offending shall, for the first Offence, be by the said judge forthwith committed to the counter, there to remain till he shall have paid down the sum of five pounds, the one moiety to the party grieved, or, in default of Information to be given by him or them; as aforesaid, then to such other person or persons who shall inform the same to the said Court, over and besides such Remedy as the said party grieved may have by his or their Actions at Law against the said Officers, or any of them, for any of the Defaults aforesaid, and the other moiety to the relief of the poor Prisoners in such of the said counters wherein the said Cause is or shall be entered: and if any of the said Officers, after he or they shall have been once convicted of any of the Offences aforesaid, shall presume to offend in any of the said cases the second time, and be thereof convicted, as aforesaid, That then, and in every such case, the said Offender, over and above all other Penalties herein above limited and appointed, shall be ipso facto absolutely discharged from his said Office; and the Sheriffs of the City for the time being are hereby empowered and required to nominate and present to the Court of Aldermen some other fitting person, to be by them admitted in his or their places, as if the persons so offending and convicted, as aforesaid, were naturally dead.  
Provided always, that no Informer shall be any ways entitled to the moiety of the said five pounds, or any part thereof, unless the said Offender shall be convicted by the Evidence of one or more persons indifferent, and unconcerned to the profit or prejudice coming by the Default of the said Officer.  
Avery.    

Printed by James Flesher, Printer to the Honourable City of LONDON, 1669.