) 1 Inst., 141 a.
In the statute of Gloucester, ch. 11 and 12, (1278,) "the mayor
and bailiffs of London (undoubtedly chosen by the people, or at
any rate not appointed by the king) are manifestly spoken of as
judges, or magistrates, holding jury trials, as follows:
Ch. II. "It is provided, also, that if any man lease his tenement
in the city of London, for a term of years, and he to whom the
freehold belongeth causeth himself to be impleaded by collusion,
and maketh default after default, or cometh into court and giveth
it up, for to make the termor (lessee) lose his term, (lease,)
and the demandant hath his suit, so that the termor may recover
by writ of covenant; the mayor and bailiffs may inquire by a good
inquest, (jury,) in the presence of the termor and the demandant,
whether the demandant moved his plea upon good right that he
had,
or by collusion, or fraud, to make the termor lose his term; and
if it be found by the 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.
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