THE MORNING OF AGINCOURT
After the picture by Sir John Gilbert in the Guildhall Art Gallery. By permission of the Artist.
In selecting these six-and-thirty men, the procedure, according to the ancient usage of the City of London, is wont to be, and should be, as follows:—The person accused being absent, eighteen men must be chosen from the East side of Walebroke and eighteen men from the West side of Walebroke, persons who are not kinsmen, cousins, or members of the family of the accused, nor yet connected with him by marriage or in any other way, but only trustworthy men of the franchise of the City. The names of these persons are to be read to the accused; who, upon hearing them, shall show unto the Mayors and Barons of the City the names of such among them as he holds suspected. And if he shall show reasonable cause against them, the names of such persons shall be struck out of the written list, and others shall be chosen in their stead, to complete the aforesaid number and duly to be read before him. And when the accused shall be content with the names so entered, and shall have put himself upon them for clearing himself of the said accusation, then, by counsel of the City, he shall appear before the Justiciars of his lordship the King, at a certain time and place, to wage and make his law. But in accordance with the ancient usage of the City, such person shall have respite for making his law for a term of forty days at the least complete. And the names of the six-and-thirty men so chosen shall be delivered unto the Justiciars of his lordship the King.
In making the Middle Law, the procedure is as follows:—The person, namely, who is charged and appealed of mayhem has to take oath in his own behalf three times, in his own proper person; to the effect, that is to say, on each occasion, that he is innocent and guiltless of that felony, and of breach of the peace of his lord the King, as also of all crime so laid to his charge,—‘So God may help him and those holy Gospels.’ After him also, six men are to make oath that the oath that he has so sworn is a lawful oath and a safe, to the best of their conscience and understanding,—‘So God may help them and the holy Gospels.’ And this proceeding shall be repeated until the number of eighteen jurors is exhausted; due care being taken that on each occasion the person accused makes oath first, in form before stated, and then, after him, six men, until the number before mentioned is completed.
In selecting such eighteen men, the same procedure is to be observed as is set forth above in all matters relating to the Great Law before mentioned.
In making the Third Law, the procedure is as follows:—A person accused of assault, battery, rapine, wounding, blows, bloodshed, and other injuries of a like nature, inflicted at the holy seasons before named, has to make oath once in his own behalf, in his own proper person; to the effect that he is innocent and guiltless of the misdeed laid to his charge, and of breach of the peace of his lord the King at the holy seasons above mentioned,—‘So God may help him and those holy Gospels.’ After him also, six men are to make oath that the oath that he has so sworn is a lawful oath and a safe, to the best of their conscience and understanding,—‘So God may help them and those holy Gospels.’ And be it known, that these six men should be chosen of the venue in which the person so accused is dwelling; provided always, that they are not cousins, or kinsmen, or members of his family, nor yet connected with him by marriage, or in any other way, but only trustworthy men of that venue and of the franchise of the City. And the names of such persons shall be read to the accused, etc., as above stated under the Great Law.”
The old custom of holding the Folk Mote was still kept up though the Common Council now performed its most important functions:—
“There are three principal Folkmotes in the year. One is at the feast of Saint Michael, to know who shall be Sheriff, and to hear the charges given. The second is at Christmas, to arrange the Wards. The third is at the feast of Saint John (24th June), to protect the City from fire, by reason of the great drought. If any man of London neglects to attend at one of these three Folkmotes, he is to forfeit forty shillings to the King. But, by the Law of London, the Sheriff ought to enquire after him whom he shall think proper, that is to say, whether he is there or not. And if there be any one who is not there, and he is there enquired after, such person ought to be summoned to the Hustings, if he is bound to abide by the law of the city. If the good man says that he was not summoned, the same must be known through the bedel of the Ward. If the bedel says at the Hustings that he was summoned, even where it is proved that the bedel has no other witness, no witness needs he have, save the great bell that is rung for the Folkmote at St. Paul’s.”
The most important Court was that called the Hustings:—
“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.