Mediæval London, Volume 2: EcclesiasticalBesant, Walter
History
Mediæval London, Volume 2: Ecclesiastical
Besant, Walter
London (England) -- History -- To 1500; London (England) -- Social life and customs -- To 1500
“Be it made known, that all lands, and tenements, rents and services,
within the City of London and the suburbs thereof, are pleadable at
the Guildhall in the same city, at the two Hustings; of which the one
Hustings is called ‘Hustings of Pleas of Land,’ and the other Hustings
is called ‘Hustings of Common Pleas’; which Hustings are holden in the
said Guildhall, before the Mayor and Sheriffs of the same city, upon
the Monday and Tuesday in each week; that is to say, upon Monday, for
demanding appearance of demandants, and for the award of nonsuits, and
the allowing of essoins; and upon Tuesday, for the award of defaults,
and for pleading—certain seasons and Feast-days excepted, as well
as other reasonable causes; at which times no Hustings can be held,
by usage of the city aforesaid. It should also be known, that the
Hustings of Pleas of Land must be held one week apart by itself, and
that of Common Pleas the next week apart by itself, upon the days
aforesaid; but the enrolments and titles of the said Hustings make
mention of Monday only.”
I am indebted to Dr. R. Sharpe’s Introduction to his _Calendar of
Wills_ for the following additional notes on the “Court of Husting.”
(1) To begin with, it was the single institution which the Saxon
borrowed from the Dane. “Husting” = Hus-thing, the cause or case
pleaded in the House, instead of in the open air.
The Court of Husting is mentioned in the Laws of Edward the Confessor
as the place where the Court of the King is held every Monday. It is
the oldest Court of record in the City, and at one time constituted the
sole court for settling disputes between citizen and citizen. After the
establishment of the Mayor’s and Sheriff’s Court for the settlement of
actions merely personal, all actions affecting laws were heard in the
Court of Husting. It was a Court of appeal for the Sheriff’s Court,
while appeal from the decisions might be heard by certain commissioners
at St. Martin-le-Grand. There was, after this, final appeal to the
House of Lords.
The Court sat for a long time on Monday only. Thus it became the
custom to sit on Monday for purposes of demanding the appearance of
defendants, the award of nonsuits and the allowing of essoins, _i.e._
excuses for non-appearance. The sitting of Tuesday was for the award
of defaults and for pleading. Eventually the Monday sitting was
discontinued.
During the fairs of Boston and Winchester, and during harvest-time, the
Court did not sit.
Public-domain text, read in full here on John Shaqi.
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