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
The judges in the Court of Husting were the Mayor and Sheriffs, the
Recorder sitting as assessor for the examination of witnesses and for
preliminary judgment. As the Court could not be held in the absence of
the Mayor, and great inconvenience was sometimes so caused, an Act was
passed in 1584 providing that, if the Lord Mayor was prevented from
attending by sickness, any Alderman who had passed the Chair might act
for him. But as early as the thirteenth century it had become a custom
for any Aldermen to be present in the Husting and to act as Judges.
It was the custom for the officer who summoned the Aldermen to the
Court to show his respect for them and for the Court by riding a horse
valued at a hundred shillings at least.
The Town Clerk was Registrar.
The Counsel employed in the Court were the four City pleaders; the
attorneys were those of the Mayor’s clerk.
The reader is referred to Dr. Sharpe’s pages for details of the Common
Pleas and Writs used in this Court.
Aliens could be admitted to the freedom of the City only by this Court.
Disputes as to building were decided by this Court.
It was even a place for public penance. Perjury was punished by
imprisonment until the next Husting, when the offender was placed upon
a high stool before all the people while his crime was read aloud.
After this, he was set at liberty.
In this Court deeds and wills were enrolled.
In this Court land was conveyed by a method “described by Blackstone
as a kind of real contract, whereby the bargainer for some pecuniary
consideration bargains and sells, that is, contracts to convey the land
to the bargainee, and becomes by such bargain a trustee for, or seised
to the use of the bargainee, and then the Statute of Uses completes the
purchase; in other words the bargain first vests the use, and then the
statute vests the possession.” (_Calendar of Wills_, i. 23.)
Probate of Will naturally belonged to the Court which enrolled Wills.
The Court undertook the guardianship of orphans. The citizen of London
had the right of devising part only of his property; a certain part
of it going, with or without his wish, to his widow and children.
This restriction was only removed by the 2nd Act of George the First.
The widow, for instance, by the custom of the City, was entitled to
one-third of his estate, the children to another third, the residue was
at the free disposal of the testator and was known as the legatory or
the dead man’s portion.
Among the wills enrolled in the Court of Husting, Sharpe mentions the
following:—
“1. John de Kyrkeby, Bishop of Ely, who endowed his see with houses,
vines, and gardens situate at Holborn, whose gift is remembered at
the present day by the names of Ely Place, Vine Street, and Kirby
Street, and whose gardens, part and parcel of the gift, call to mind
the well-known lines put into the mouth of the Duke of Gloucester by
Shakespeare (_Richard III._, Act iii. sc. 4):—
Public-domain text, read in full here on John Shaqi.
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