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
|