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he inquest (jury) that the demandant moved his plea upon good right that he had, the judgment shall be given forthwith; and if it be found by the inquest (jury) that he impleaded him (self) by fraud, to put the termor from his term, then shall the termor enjoy his term, and the execution of judgment for the demandant shall be suspended until the term be expired."--_6 Edward I._, ch. 11, (1278.) Coke, in his commentary on this chapter, calls this court of "the mayor and _bailiffs_" of London, "_the court of the hustings, the greatest and highest court in London;_" and adds, "other cities have the like court, and so called, as York, Lincoln, Winchester, &c. Here the city of London is named; but it appeareth by that which hath been said out of Fleta, that this act extends to such cities and boroughs privileged,--that is, such as have such privilege to hold plea as London hath."--_2 Inst._, 322. The 12th chapter of the same statute is in the following words, which plainly recognize the fact that "the mayor and _bailiffs_ of London" are judicial officers holding courts in London. "It is provided, also, that if a man, impleaded for a tenement in the same city, (London,) doth vouch a foreigner to warranty, that he shall come into the chancery, and have a writ to summon his warrantor at a certain day before the justices of the bench, _and another writ to the mayor and bailiffs of London, that they shall surcease_ (suspend proceedings) _in the matter that is before them by writ_, until the plea of the warrantee be determined before the justices of the bench; and when the plea at the bench shall be determined, then shall he that is vouched be commanded to go into the city," (that is, before "the mayor and _bailiffs'_" court,) "to answer unto the chief plea; and a writ shall be awarded at the suit of the demandant by the justices _unto the mayor and bailiffs, that they shall proceed in the plea_," &c.--_6 Edward I._, ch. 12, (1278.) Coke, in his commentary on this chapter, also speaks repeatedly of "the mayor and _bailiffs_" _as judges holding courts_; and also speaks of this chapter as applicable not only to "the citie of London, specially named for the cause aforesaid, but extended by equity to all other privileged places," (that is, privileged to have a court of "mayor and _bailiffs_,") "where foreign voucher is made, as to Chester, Durham, Sal
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