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 ...

SECT. XV. Of the several Courts within the City of London.

THe principal Courts that apper∣tain to this City are four, viz. The Court of the Hustings, the Court of the Sheriffes, the Court of

Equity, and the Court of the Lord Mayor and Aldermen. Of these in their order.

1. Of the Court of the Hustings.

TOuching this Court, are worthy of notice these particularities, scil. The Etymology of the word Hu∣stings, its Antiquity, its preheminence, and its Jurisdiction.

It is called Hustingum, or Hustings of two Saxon words, viz. Hus,* 1.1 i. e. Domus, and Things, i. e. Placitum; so as Hustingum is as much as to say,* 1.2 as the Bench, or Court of Pleas, Do∣mus placitorum, or Forum Contentio∣sum, where Causes are pleaded.

Other Cities and Towns also have had a Court of the same name, as Win∣chester, Lincoln, York, and Sheppey, and others,* 1.3 where the Barons and Citi∣zens have a Record of such things as are determinable before them.

For the Antiquity of this Court of Hustings amongst the Lawes of Saint Edward, you may read these words,* 1.4 scil.

Debet enim in London, quae caput

est Regni, & Legum, semper Curiae Domini Regis singulis septimanis die Lunae Hustingis sedere, & teneri, &c.

* 1.5The Court of Hustings is the high∣est Court, and of greatest Celebrity within the City of London, and its holden before the Lord Mayor, and Sheriffes. Co. 2. Inst. 322. Co. 4. Inst. f, 247.

* 1.6As touching the Jurisdiction, Pow∣er, and Authority of this Court, are worthy of our Observation these Particulars, Scil.

* 1.71. That there be two Hustings in London, one is de communibus placi∣tis; The other is de placito Terrae; And therefore upon return of Writs, to mention a Recovery at the Court of Hustings in London (where there are two kinds) and it is not said, at which of the Hustings, it is not good.

2. The manner of proceedings up∣on a Foreign Voucher;

It is provided by a Statute made in 9 E. 1. That if one be impleaded in the City of London,* 1.8 do vouch a For∣reigner to warranty, the Mayor and Bayliffes shall adjourn the Parties be∣fore the Justices of the Common

Bank at certain day, and shall send their Record thither. And the Justi∣ces shall cause the warrantor to be summoned before them, and shall try the warranty. And the Mayor, and Bayliffs in the mean time shall surcease in the matter, that dependeth before them by a writ, until such time as the warranty by determined, before the Justices of the Bench. And when the matter shall be determined, Com∣mandment shall be given to the Vou∣chee to depart into the City, and to swer the first plea. And the Deman∣dant at his suit, shall have a writ from the Justices of the Bench, unto the Mayor, and Bayliffs, that in case the Tenant have last his Land, they shall cause it to be extended, and return the same extent unto the Bench at a certain day. And after it shall be commanded to the Sheriff of the Shire, where the warranty was summoned, that he shall cause the Tenants to have the Lands of the Warrantor to the like value Vide more in the Statute aforesaid.

In Dower in the Hustings of Lon∣don against the Husband, and Wife,

who vouch a foreigner in warranty,* 1.9 whereupon the plea is adjourned into the Common Pleas at a certain day, at which day the husband, and Wife sued out a writ against the Vouchee; whereupon the Vouchee appeared, and the Baron made default, and the Wife prayed to be received upon his default; and by the Rule of the Court she was received, and that it was within their Commission, for that the default was made in this Court, whereupon the Land was to be lost, if she were not received; for it is a Maxime in Law, Necessitas sub Lege non continetur, quia quod alias non est Licitum, necessitas facit lici∣tum, but yet others are of another opinion.

In a pr••••cipe in the Hustings in Lon∣don, the Tenant voucheth one in London, and other forein Vouchees in the County of Norfolk, &c. In this case, as well the Voucher within Lon∣don, as the foreign Vouchers shall be removed,* 1.10 for although the words of the Stat. of Gloc. c. 12. Vouch forein a garrantie; yet because pro∣cess should be made by the Court of

Common Pleas only against the fo∣reign Vouchees, although they came in, they should not warrant, nor answer without the others, before process were determined against them in London; so as necessity requireth, that process should be made against all at one time, and that ought to be done in the more worthy Court, and when the Warranty is determined in the Court of Common Pleas, all shall be remanded.

It is worthy of observation (sayes Coke) that at the Common Law in case of a foreign Voucher in the Hustings of London,* 1.11 the plea was adjourned before the Justices in Eyre, when they came to the Tower of London, for the Court of Hustings, London, was not derived out of the Jurisdi∣ction of the Court of Common pleas, as other Courts, that have power to to hold pleas Real, are, and therefore the Adjournment was, before the Justices in Eyre.

3. The manner of proceedings upon the plea of Bastardy, or the plea ne unques acconpte en Loyal Matri∣mony.

If in an action Ancestrel the Tenant plea Bastardy in the Deman∣dant,* 1.12 or in a writ of Dower the Te∣nant plead Ne unques acconpte en Loyal matrimony, neither the Court in London,* 1.13 or any like Inferior Court cannot award a writ to the Bishop for Tryal thereof; for nullus alius praeter Regem possit Episcopo demandare in∣quisitionem faciendam; And therefore if such pleas be pleaded in London, the Record shall be removed; and after a writ to the Bishop, and cer∣tificate made by the Bishop, the Re∣cord shall be remanded into London again.

4. That a suit upon a poenal Law cannot be brought either in the Court of the Hustings,* 1.14 or in any other Court at Guild-hall, but it must be commenced in the Kings Courts at Westminster, where the Kings Atturney is to acknowledg, or deny.

2. Of the Courts of the Sheriffs.

Touching the Courts of the Sheriffs of London is observable the Man∣ner of proceeding in two things. scil.

• 1. In a writ of error.
• 2. In an execution upon a Con∣demnation in the Sheriffs Courts.

1. The manner in a writ of error.

If an Erronious Judgment be given before either Sheriffs, the party, grieved shall have a writ of errour, and remove this before the Mayor, and Sheriffs in the Hustings; If they do not yeld redress there, then shall certain Justices be assigned by the Kings Commission, to sit at St Mar∣tyns le Grand, by nisi prius for to redress the said Judgment and if there be default found in the Mayor, and Sheriffs, they shall be punished for their Misprisions, by the form, that is conteined in the Statute of 28. E. 3. c. 10.

2. The manner upon an Execution,

* 1.15One taken in execution in London, upon a Condemnation in the Sheriffs Court, and removed by Habeas Cor∣pus into the Kings Bench, shall be committed there in execution for that Debt, and having discharged all Causes in the Kings Bench, shall be remanded.

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,* 1.16 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,* 1.17 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,* 1.18 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,* 1.19 or body politique, as a Free man of a City, or Burgess of a Borough.

* 1.20To 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.

* 1.21It 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,* 1.22 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.

4. Of the Court of the Lord Mayor and Aldermen.

The Court of the Lord Mayor, and Aldermen is a Court of Record, and consisteth of the Lord Mayor, the Recorder, and Aldermen, whereof the two Sheriffs, being Aldermen, are part.

This Court principally was insti∣tuted (amongst other Causes) for the redressing, and correcting the Errours, Defaults, and misprisions, which be used in the City of London.

In this Court are comprehended several other Courts, as namely.

1. The Court of Orphans. 2. The Court of Ward-mote. 3. The Court of Hull-mote. 4. The Court of the Conservation of the Water, and Ri∣ver of Thames. 5. The Court of the Coroner in London. 6. The Court of Escheatour in London. 7. The Court of Policies, and Assurances in London. 8. The Court of the Tower of Lon∣don. 9. The Court of Common Coun∣cill, wherein are enacted Constitu∣tions,

and Laws, for the advancement of Trade, and Traffique; And lastly, the Court of the Chamberlain for Apprentices, which concerneth the making Free of Apprentices; tou∣ching which Freedom I shall present to the Reader what I have met with, in the Books of the Common and Ro∣man Laws.

* 1.23One may be a Freeman of London three manner of wayes, viz.

• * 1.241. By service, as in the Case of Ap∣prenticeship.
• 2. By Birth-Right, the Son of a Freeman.
• 3. By Redemption, by order of the Court of Aldermen.

So the Freedom of the City of Rome was three wayes obtein∣ed, scil.

* 1.251. By Manumission, which was thus, when as a Servant was present∣ed by his Master before the Consul, or Praetor,* 1.26 the Master laying his hand upon his Servants head, used this form of words, Hunc liberum esse volo, and with that turning his Servant round, and giving him a Cuff on the ear, he did emittere Servum è manu:

the Praetor then laying a certain Wand, or Rod called Vindicta, upon the Servants head, replyed in this manner, Dico eum Liberum esse more Quiritum. Then the Lictor, or Sergeant taking the Wand did strike therewith the Servant on the head, and with his hand struck him on the face, and gave him a push on the back, and after this he was registred for a Freeman.

2. By Birth, both, or at least one of the Parents being Free,* 1.27 and such where called Cives Originarii, or Cives nati.

3. By Gift, and Cooptation, when the Freedome was bestowed on any Stranger, or Nation, and they were termed Civitate donati, and so we read that Caesar took in whole nations into the Freedom, that is, they had the Roman Pri∣viledges:

So saith Philo of Agrippa 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; He gave the Priviledges of the Ro∣man Citizenship to whole Countreys of some of his Friends.

Hence is it, that Cicero tells us,

Omnibus municipibus duas esse pa∣trias,* 1.28 unam naturae, Alteram Juris, Catonis exemplo, qui Tusculi natus, in populi Romani societatem susceptus est.

Thus much of the several Courrs, that are within the verge of this most noble City of London; I come now to the Customs of the same place, of which I shall present but very few in this Treatise, and my Reason is, because I have written already of the Customs apper∣taining to this City, in a Tract, called Speculam Juris Anglicani, lately exposed to the publique view.

Notes

• * 1.1

  1. The Etymo∣logy.
• * 1.2

  Co 2. Inst. 312. Co. 4. Inst. f. 47
• * 1.3

  Fleta lib. 2. c. 55.
• * 1.4

  2 The Anti∣quity of this City.
• * 1.5

  3. Its prehe∣minence.
• * 1.6

  4 Its Juris∣diction.
• * 1.7

  16 H. 7.12.11 H. 7.10. a 6 H. 7.15.
• * 1.8

  6 E. 1. c. 12.
• * 1.9

  18. E. 2.3. a. b. Tit. Receipt. 106. Co. 2. Inst. f. 326.
• * 1.10

  Co. 2. Inst. f. 325.
• * 1.11

  Co. 2. Inst. 327.
• * 1.12

  Co. 2. Inst. f. 271
• * 1.13

  Co. Litt. fol. 134.
• * 1.14

  Cro. 3. part. Miller ver. Re∣gem 538.
• * 1.15

  Cro. 3. part. Cusackes Case f. 128.
• * 1.16

  Co. lib. 8. f. 126.10 H. 6.14 Co 4 Inst. 268.
• * 1.17

  3. Jac. c. 15.
• * 1.18

  Cro. 1. part. f. 33. pl. 14••.
• * 1.19

  Co. Litt. 137 b.
• * 1.20

  Quere.
• * 1.21

  Resp.
• * 1.22

  Co. 4. Inst. 248, 87, 97. & 121 Hobarts Re∣ports Martin ver. Marshal & Kerb. f 63.
• * 1.23

  The Common Law.
• * 1.24

  Co. lib. 8. le Case of London. Co. 4. Inst. 250. Bustrods Re∣ports 2. part. Allen ver. Tooly.
• * 1.25

  The Civil Law.
• * 1.26

  Godwins An∣tiq. Lib. 1. sect. 2. c. 6. & lib. 3. sect. 4. c. 4 de jure ci∣vium Romano∣rum.
• * 1.27

  Municipium aut nativitas facit, aut ma∣numissio, aut adoptio. D. 50.1.1.
• * 1.28

  Lib. 2. de Le∣gibus.