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.
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.