Camera regis, or, A short view of London containing the antiquity, fame, walls, bridge, river, gates, tower, cathedral, officers, courts, customs, franchises, &c. of that renowned city / collected out of law & history and methodized for the benefit of the present inhabitants by John Brydall ...

3. Of the Court of Equity.

This Court of Equity before the Lord Mayor, is called commonly the Court of Conscience, or the Court of Requests, in Latin Curia Requisitionum, sive Requestarum; seu Requisitorum, and the Lord Mayor himself, by whom this Court is swayed, and governed, may be ter∣med by us, Magister a Libellis suppli∣cum.

Touching this Court of Equity I propose these Cases, that I have met with in our books.

If a man be impleaded before the Sheriffs, the Mayor upon the sug∣gestion of the Defendant may send for the parties, and for the Record, and examine the parties upon their

plea and if it be found upon his exa∣mination, that the Plaintiff is satis∣fied, his Lordship may award, that the Plaintiff shall be barred.

There is a special Act of Parliament for the Relief of poor Debtours 3. Jac. where by it is enacted, that every poor Citizen, and Freeman inhabi∣ting in London, being sued for debt under forty shillings, may exhibit his suite in the Court of London, called the Court of Requests in Lon∣don, who shall nominate Commis∣sions to the number of 12. and three of that Commission may send for any Creditor, who is complained of, in sueing for such a Debt under 40. s. and if he refuse to come, or perform not their Orders they may cause him to be arrested, by any Sergeant of London, and commit him to prison there to remain, until he perform the said order.

A Citizen of London sued another Citizen in the Common Pleas, and the Mayor, and Aldermen would have him, put the matter, to com∣promise, and he refused, they did disfranchise him: all those, that were

parties to the disfranchisement, were fined an hundred Marks a piece, and the party was restored to his Fran∣chise, that is to his Libertie; for Fran∣chise in the Common Law signifies sometimes, the incorporating a man to be Free of Company, or body politique, as a Free man of a City, or Burgess of a Borough.

To conclude; The Quoere may be; How this Court of Equity in London was raised? Whether by Act of Par∣liament, prescription, or by Letters Patents.

It is answered, that this Court of Equity must of necessity be raised, either by Act of Parliament, or by prescription, for a Court of Equity cannot be had by the Kings Grant, or Letters patents, as appears by our books; and therefore it must be by one of the former wayes; and my Lord Hobart in the Case, betwixt Martin and Marshal tells us that Lon∣don, and the Cinque Ports have Acts of Parliament for their Courts of Equity; But Chester and Durham by prescription.

Notes

• Co. lib. 8. f. 126.10 H. 6.14 Co 4 Inst. 268.
• 3. Jac. c. 15.
• Cro. 1. part. f. 33. pl. 14••.
• Co. Litt. 137 b.
• Quere.
• Resp.
• Co. 4. Inst. 248, 87, 97. & 121 Hobarts Re∣ports Martin ver. Marshal & Kerb. f 63.