Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	action_n	bring_v	court_n	1,467	5	7.0320	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A33187	The City law shewing the customes, franchises, liberties, priviledges and immunities of the famous city of London : together with the names, natures, kinds, jurisdictions, powers, and proceedings of the severall courts within the same : as also the titles, qualities, advantages and profits of the severall offices in London and in whose dispose those offices are.		1658 (1658)	Wing C4354; ESTC R24831	43,516	135

said Offier thereto deputed as well in the said Countors as at Guild-hall and it is the use to award a capias in plain of Debt Accompt Covenant and other Actions personall whatsoever c. Item Action of debt Hee that is so arrested at the suite of the party for Debt or other action personall may finde Sureties in the said Courts or elsewhere before the Sheriffes or their Clarkes thereto deputed to come to the next Court at the said Guild-hall holden before the same Sheriffe before whom the plaint was made upon this condition that if the Defendant come not at the said next Court to keepe his day then he shall be condemned in the debt mentioned in the plaint Saving the Plaintiffe if he be present or may well come in Court shall be examined upon his Oath what summe is cleerly due to him and for what cause more then which is found to be due by examination the Plaintiffe shall recover nothing but his dammages which shall be judged by taxation of the Court or by enquest if need be And if the Defendant cannot be found then shall the main pernors be taken and charged for the Debt and the aforesaid Dammages Item Action of trespasse If there be a plaint of trespasse of battery of goods taken or other personall action where a man ought to recover dammages if the Defendant make default in such case after that he is arrested and hath found sureties as is aforesaid then he shal be judged as convicted and the Plaintiffe shall declare by bill the cause of the suite and the quantity of such dammages and such place And thereupon an enquest of office shall be brought from the same place to taxe the dammages for the Plaintiffe And if the defendant be not to be found the main Pernors shall be charged as afore And if the Court may be truly certified by the same Enquest or by sufficient examination of the Plaintiffe that the Defendant is not culpable in such case the Plaintiffe shall recover nothing notwithstanding the default c. Item When any such main pernors be arrested and committed to prison because the principals are not found yet notwithstanding whensoever the principall may be found and is under arrest at the suit of the maine prenors then the said maine prenors shall be delivered If a man be arrested in a plea of Accompt and finde Sureties to come at his day or if he do not plead to the issue or plead in Judgment and find Snreties to attend untill the suit be determined according to the Custome of the City yet notwithstanding at what houre that the principall Sureties will come into Court then if the Sureties come Auditors shall be assigned to take the Accompt in presence of the Plaintiffe and the main pernors And the Sureties shall be demanded if they know any thing to say in discharge of the Accompt And if the Sureties will not come then the Plaintiffe shall recover his arrearages by examination and his Oath And in the same manner it shall be if the defendant be convict of Accompts by enquest Item Of common Free-men of the City and of those that be resiant in eht same If a plaint be made against any Free-men being sufficient or against another sufficient man and resident within the City such a Defendant shall be summoned by any Sergeant of the Sheriffe to come to Guild-hall to answer to the party Plaintiffe at the Court of Denizens At which Court if he make default he shall be amerced and the grand distresse shall be presently awarded by usage of the City and it shall then be awarded that the dores of the Defendant shall be fastned and ensealed untill he shall come to answer to the party plaintiffe And at every Court of Denizens that he is demanded and comes not he shall lose his issues And if hee breake the sequestration and that be testified in Court by the Sergeant then it shall be awarded that the defend be arrested by his body And if he pay a fine for the contempt and when he is so arrested he shall finde sufficent pledge to come then at the next Court to answer to the party upon a pain limited before the capias is awarded And if such a defend make more delayes and it be testified by the Sergeant that the defendant like to escape a way or is not sufficient then shall be awarded the capias to take his body or to arrest and take his goods And that after the Defendant hath accorded with the plaintiffe there shall be a commandement that the Defendants dore shall be opened and the goods taken and of them to make return at the Court as of forreign attachment Item If any parties come and plead to the Enquest or in Judgment then they shall be ordered according to the usages of the City without any essoyne had as such personall actions before or after Challenges after default And although that such a Defendant that hath pleaded to an Enquest make default after the Enquest be joyned yet notwithstanding if he come afterwards when the Enquest shall be charged he shall have his challenges to the Jurors and shall give his evidences notwithstanding the default Item That when the Enquest is summoned veturned in court the Defendant is not demandable How a Freeman ought to wage his law with seven mens bands After the parties be at issue of enquiry the same parties are not demandable before that the Enquest be summoned but the Enquest may be summoned as well at the suit of the Defendant as at the suit of the plaintiffe And it is to be understood that in a plea of Debt the Defendant may wage his law by usage of the said City that he oweth nothing to the plaintiffe viz. If he be a man in the franchise within the City or resiant within the same City with seven mens hands whereof his own name to be one And such Defendants may make theire Law presently in Court if they have men ready or otherwise shall have day to wage the Law the next Court holden And if the Defendant be a Forreigner Stranger not resiant in the City How a for reigner ought to wage his law with 3 hands he may wage and make his Law presently with three hands his own name being one that he oweth nothing to the plaintiffe and so be quit And if he have not two men ready to make an oath with him This is neither-law nor custome used at this day then the defendant at the request of the plaintiffe ought to go under the custody of a Sergeant of the Court to 6 Churches nearest to Guild-hall and in the same Churches to swear that the oath which he took in Guild-hall was good And then the Defendant shall be brought back to Guild-hall and have his judgment to be quit and the plaintiffe shall be amerced And in the same manner it shal be done in other actions personall where

prisoners are condemned or arrested and committed within the said City and be committed to prison at the parties suit and after be sent for by a Writ to the Exchequer or in other places of the King with their causes the same prisoners after that they be delivered in the Kinge Court ought to be sent back againe to the said City to answer the parties and attend their deliverance Item Of houses decayed within the City Those which have tenements within the said City shall not be suffered to despoile or wast their own tenements nor them to take down in disorderly sort nor to the disgracing of the said city except it be to amend or re-edifie the same And if any man shall do or begin to do it he shall be restrained by the for the trespasse according to the custome of the City Item if Walls Penthouses Of Penthouses Defects in tenenements or other tenements what soever within the said City extending towards the high-wayes be so rotten and feeble that people dare not passe that way for the danger of their sudden fall then after that testimony be given to the Mayor and Aldermen by the Masons and Carpenters that are sworne to the said City or it be found in the Wardmore that the perillis such then the same Mayor and Aldermen shall warne the party to whom the tenements belong to amend and redresse them as soon as he may well do the same And if after such warning the said tenements be not amended nor begun to be amended within 40 dayes after then shall the said tenements be amended and redressed at the costs of the same party And the said tenements shall remaine in the hand of the said City untill the costs thereupon bestowed be fully levyed if the possessors of the Mayor and Aldermen and punished said tenements have no other tenements nor goods nor chattls within the City And if he hath other tenements or goods or chattels within the City the costs shall be levyed of his goods and chattels or of his other tenements if need be Item What house soever that is found within the said City or the Suburbs to be covered with Reed or with Shingle he to whom the house belongs shall pay to the Sheriffes that are for the time 40 s. and shall be made pull down the said covering Item if any house within the said City be on fire so that the flame of the fire be seen out of the house the dweller in the house shall pay unto the said Sheriffs 40. Of. the election of the Mayor s. at the first demand Item The Mayor and Aldermen and Sheriffes and all other Officers and Ministers of the said City are elected by the same City viz. At the time when the Mayor shall be chosen the Commons of the said City shall by usage be assembled at Guild haue and the same Commons shall make election of two wise men of the said City of the which one shall be Mayor and the names of the said two prudent men shall be reported before the Mayor and aldermen that are then for the time in the chamber of Guild-hall and then one of the two shall be chosen Mayor by the Mayor and Aldermen there by way of lot And the said Mayor so newly chosen the morrow after the Feast of St. Simon and Jude shall be presented to the Barons of the Exchequer at Westminster or in absence of the said Barons to the Constable of the Tower and afterward shall be presented to the Lord our Kings owne person according as it is contained in the Charter of the said City And the said Mayor shall have the government of the same City under our Lord the King for the yeare following And the said Mayor shall have 50 Markes a Yeare for the weighing of corn and 50 markes in the time of peace of the Merch. of Amiane Corby and Neele according to the ancient custom therof made And every Mayor shall hold his generall Court at Guilhall the Monday next after the Feast of Epiphany And there shal be assembled all the Aldermen of the said City and all Constables Scavangers and Bedles of the Wardmotes held by the Aldermen and the defaults found in the Wards shall be enquired of and examined And the Constables Scavangers Bedlles shall besworne anew to execute well and loyally their Office for the time that they shall be Officers And the Mayor that is for the time by custome of the said City for maintenance of the peace and tranquility within the same City hath power to arrest and imprison the disturbers of the peace and other evill doers for resistances ill speeches and other defaults according to his discretion without being for the same empeached or sued afterward Item No Mayor shall be chosen within the said City Of the fame before he hath beene Sheriffe of the said City by the space of a yeare before Item the Mayors of London which have bene for the time Of the sword have used to have their swords carried upright before them within the said City and without without holding downe their swords in any mans prefence except in the presence of our Lord the King and that sword is called the Kings sword Item Of the election Of the Sheriffs the Sheriffes of London are chosen by usage of the said City on St. Matthewes day in Guild hall viz. One shall be chosen by the Mayor or Guardian that shall be for the time and the other by the Commons And the Sheriffes shall be afterwards sworn within the said Guild-hall and afterwards on the morrow of St. Michaels shall be presented in the Exchequer or to the Constable of the Charter of the said City And the said Sheriffes shall have free election of all their Officers and of their Farmers and Bayliffes as well within the said City as in the county of Middlesex and of the Goalers of the Goales within the said City at their will and at their perill And the same Sheriffes pay and are accomptable yearly to the Exchequer of our Lord the King for the Farm of the said City and of the county of middlesex according to the forme of the said charter of the City And by reason of which Farme the said Sheriffes ought to have the ancient prizes and customes of the Merchandizes coming within the City and going out and forfeitures fines and amerciaments and all other commodities of ancient time belonging to their said Offices And no Merchant shall passe not of the said City by Land or water by wagon or cart horse or bridg without a Bill given ensealed by the said Sheriffes And those which are Forreigners ought to pay for their passage according to the ancient custome Item The said Aldermen be chosen by the people of the same Wards Of the election of Aldermen and of their Offices and the which Aldermen ought to hold their Wardmotes as the custome is and survey and redresse the nusances and