The present state of London: or, Memorials comprehending a full and succinct account of the ancient and modern state thereof. By Tho. De-Laune, Gent

A Brief Account of the Courts held in this Honourable City.

THe highest and most ancient Court in this fa∣mous City is that called the Hustings, a Sax∣on Word, Hus signifying a House, and Sthing, or Thing, a Cause or Plea, so that it is Domus Causa∣rum, a House of Causes, or Pleas, or Pleadings.

This Court preserves the Laws, Rights, Franchi∣ses and Customs of the City.—There be handled the the Intricatest Accounts and Pleas of the Crown, and of the whole Kingdom.

It is of great Antiquity, the Laws of Edward the Confessour much referring to it, where may be read these words,—Debet enim in London, quae caput est Regni & Legum, semper Curia Domini Regis singulis septim••nis die Lunae Hustingis sedere & teneri, &c. That is, The Court of our Lord the King ought to sit, and be held every Week on Monday at the Hustings in London, which (City) is the head of the Kingdom and Laws, &c. But now it is held on Tuesdays, in the Guild-Hall of London, before the Lord Mayor, Sheriffs and Aldermen; every Week. All the Lands and Tenements; Rents, and Services, within the City and Liberties, are pleaded there, in two Hustings; one is called Husting de pla∣cito

terrae, Husting of Plea of Land, the other de Communibus placitis, of Common-Pleas: It is held on Monday to Demand the Demandants, and to a∣ward Non-suites, to allow Essoynes, and on Tues∣day to award the Default and Plead. For certain times no Hustings may be held by Custom of the City, viz. Husting of Plea of Land ought to be held a Week by it self, at the aforesaid days, but the Inrollments and Titles of the said Hustings make mention of Monday only.

In Husting of Plea of Land, are Pleaded Writs of Right, Patents Directed to the Mayor and Sheriffs of London, which Writs have this process, by Custom of the City, viz. The Tenant, or Tenants, shall first have three Summons at the Tenements Demanded at three Hustings of Plea of Land next ensuing after the Livery of the Writ, and of the Hustings, without Demanding the Tenements at any aforesaid. And after the three Summons ended, three Essoynes at three other Hustings of Plea of Land then next en∣suing; and at the next ensuing after the third Essoyne, and the Tenants making Default, Process shall be made against them by a Grand cape, or petit cape, after the appearance and other Process at the Com∣mon-Law. And if the Tenants shall appear, the Demandants shall Count against the Tenants in the Nature of what Writ they will, except certain Writs which are Pleadable in Husting of Common-Pleas, &c. without making Protestation to see in the Na∣ture of any Writ. And the Tenants shall have the view, and shall be Essoyned after the view, as at the Common-law. And the Tenant shall have an Es∣soyn after every appearance by Custom of the City.

And although that such a Writ be abated after the view, by exception of Joynt-Tenancy, or other exception Dilatory, or other such Writ be ••evived, the Tenants, by the Custom of the City, shall have the view in the second Writ: Notwithstanding the

view before had. And if the parties plead to Judg∣ment, the Judgment shall be pronounced by the Re∣corder, and six Aldermen at least were wont to be present at the giving of every such Judgment.

Every Beadle of the City, by the advice of the Alderman of his Ward against every Hustings or Plea of Land, shall Summon Twelve Men Free∣holders, being the best and most sufficient of his Ward, to come to Guild-Hall for to pass in an Inquest, if there be need, for the rest of the Free-hold∣ers of the said Ward. And if the parties plead 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 other three Wards next to the place where the Tenements are; so that four sufficient men of the same Ward where the Tenements are, shall be sworn in the same Inquest, if there be so many. No Dam∣ages 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 Beadle, if the parties be at Issue, and the Jurors come.—Otherwise Process shall be made to cause the Inquest to come at another Husting of Plea of Land ensuing, by Precept of the Mayor directed to the Sheriffs, who shall be Ministers by the Com∣mandment of the Mayor to serve the Writs, and to make Execution thereof, notwithstanding that the Original Writ be directed to the Mayor and Sheriffs Joyntly. And it is to be understood, that as well the Tenants as the Demandants may make their At∣torneys in such Pleas, &c. See City-Law, p. 46. &c.

In the Hustings of Common-Pleas are Pleadable Writs, called ex gravi querela, for to have Execu∣tion of the Tenements out of the Testaments which are Inrolled in the Hastings. Writs of Dower, unde nihil habet. Writs of Gavelkind, and Custom, and of Service, Instead of a Cessavit. Writs of Error of

Judgments given before the Sheriffs. Writs of Waste. Writ de Partitione facienda, between Co-partners. Writs of quid Juris clamat, and per quae ••erviti••, and others; which Writs are close, and directed to the Mayor and Sheriffs; and also Replegiaries of things taken, and of Distresses wrongfully taken, are Pleadable before the Mayor and Sheriffs, in the same Husting of Cowmon-Pleas, by Plaint without Writ, &c.

The Aldermen of London are summoned to the Husting, and they ought, by usage of the said City, to be summoned by an Officer of the Sheriffs, sitting upon an Horse of 100 s. price at least.