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	court_n	defendant_n	1,397	5	10.0062	5	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

assizes shal be made by the Sheriffes their Ministers or by the Mayor and Aldermen if any of the parties shall come to demand upon reasonable cause in manner as the use is in assizes of fresh force And in such assizes of Mortdancestor the parties may be essoyned as at the Common-law and the tenants may vouch to warranty within the said City and also in a forraign County if the Vouchee have no tenements within the City And if the tenants plead a Release bearing date in a forraign County or other forreign matter that may not be tryed within the City or that they vouch to warranty in a forraign County him that hath nothing within the City then at the suit of the party the Record shall be brought in the Court of our Lord the King by a writ delivered to the Sheriffes and Coroner and there shall such forreign pleas and forreign voucher be tryed and determined and after sent back to the said Sheriffes and Coroner to goe forward and proceed according to the custome of the City And continuance shall be made in such assizes upon the causes aforesaid and upon other reasonable causes And when the Assizes shall be determined Judgment ought to be given then the same Assizes shall be engrossed and entred of record by the said Sheriffes and Coroner and after sent to Guild hall to remaine there of Record in manner as the Assizes of fresh force ought to be The City of London A custome that free-men of the City of London may bequeath their tenements of which they were solelyscized is an ancient City of our Lord the King that now is and of his Progenitors In which City such a Custome is held and where of the time is not to the contrary hath been held that every Freeman of the aforesaid city being soly seized of any Lands or Tenements within the aforesaid City by all the time aforesaid might and may bequeath such his Temements to any person or persons it likes him best as well secular as religious in see-taile or for terme of his life c. Item Assizes of novell desseisin called fresh force of lands and tenements and rents within the City of London of desseisins made within 40 weekes are held and are determinable before the two Sheriffes and the Coroner of the said City in common every Saturday in Guild-hall except certain times that the assizes may not be held for reasonable causes and therein the processe in this manner viz. When any man is agrieved and disseised of his Freehold within the City or Suburbs thereof he shall come to any husting held at Guild-hall or for want of the husting to the Chamber of Guild-hall to the congregation of the Mayor and Aldermen any Munday and there shall make a Bill and the Bill shall be thus A. of D. complaines of intrusion against C. of E. of his free tenement in such a Parish of London or in such a Parish in the Suburbs of London And the same Bill shall be enrolled and thereupon another Bill shall be made containing the whole matter of the former Bill by the common Clerke of the City making mention of the title of the husting or of the day of the Congregation of the Mayor and Aldermen And that Bill shall be delivered to the Sheriffe or to one of them to make processe and doe right to the parties And then ought the Bill to be served the Wedensday next ensuing viz. The Sheriffes Officer to whom the Bill is delivered shall summon the tenant or the tenants mentioned in the said Bill of assize by the view of two Freemen of the City and that at the tenements where the disseisin is made or at the tenee ments where out the Rent is supposed to be issuing and it shall be said there to the tenants that they keep their day at Guild-hall the Satturday then next ensuing at their perill And the names of the two summoners shall be endorsed upon the Bill and then the Plaintiffe may sue to array the assise and summon the Jurors against that Satturday or against other Satturdayes after at his will And so may the tenants sue for their deliverance if they will and such summons shall be made the Fryday before the satturday And the arraynments at the perils of the Jurors shall be made by the Sheriffes or their Officers or by the Mayor and Aldermen if any of the parties upon a reasonable cause will pray the same And afterward the same assises shall be pleaded and ruled for the most part also as it otherwise at the common-law And if a Release bearing date in a forraign County Bastardy or other forraign matter which cannot be tryed within the said City be pleaded in such assizes then else Plaintisse may sue to cause the Record to be brought to the Court of our Lord the King to try the matter there as the case requires and when the matter shall be determined in the Kings Court all the processe shall be sent back to the said Sheriffes and Coroner or to their Successors or to proceed forward according to the custome of the City in manner as it hath been heretofore And it is to be understood That no discontent is within the City of assizes c. that there hath not been any discontinuance in such assises neither is there any mention made in the Record of the dayes between the assize brought and the day that the assize shall be taken or Judgment given if it be not for a necessary cause or that such assizes be taken before the Sheriffes and Coroner as is aforesaid and Judgment be thereof given then shall such assizes determined be entred of Record and after shall be brought into the Chamber of Guildhall to remaine there in the Treasury as of Record And it is to be understood that a man may not enter into any tenements within the said City by force nor hold any tenements by force and armes in disturbance of the peace c. Imprimis It is to be understood Of the Sherisss Court that the Sheriffes holds the Courts of our Lord the King before them in the Guild-hall of London and pleas of debt of any summe whatsoever and of all actions personals at the suit of the parties And each of the said Sheriffes holds his Court at Guildhall by himselfe severally and that by vertue of the plaints and quarrels made before the one and the other of the same Sheriffes as well in their Countors as at Guildhall according to the custome of the aforesaid City And every of the said Sheriffes use to hold by himself two generall Courts in the week and every day for the deliverance of forraigners strangers if need be if they be not let by Festivall dayes or other reasonable causes Item The Clarkes and Officers of the said Sheriffes presently upon the plaints made use to award a capias or other processe against the Defendants by the testimonies of the Sergeants of the

the Law wager is allowed And where women be in such cases impleaded and wage their Law they may make their Law with men or women at their will That freeman ought to Wage Law in a plea of trespass with 7 hands Item If a Freeman within the City be impleaded by way of trespasse for goods taken or for Battery where no bloud is drawn nor no wound apparent and for other trespasse supposed to be don against the peace such a Freeman so impleaded may wage and make his Law by the usage of the City that he is not culpable with seven hands as is aforesaid Item Actions of Debt or of Covenant are maintainable against Exec. and Admin without especiality and such Exec. and Administrat by usage of the said City when they come to answer they may have their Law by so many hands as the Court will award upon these words That they know nothing of the duty nor of the contract nor of the covenant and that they think in their consciences that their Testator at his death ought nothing to the Plaintiffe nor had broken any Covenant and by such manner be discharged And if a man be impleaded by plaint of Debt for victuals dispended in the house of the Plaintiffe or of rent of his houses let called Hushire in which cases the Defendant shal not have his Law nor no protection in such cases hath beene allowed Item Where a woman that hath a husband useth any Craft within the said City by her selfe only wherewith her husband doth not meddle such a woman shall be charged as a sole woman for all that which toucheth her said Craft And if the husband and the wife bee impleaded in such a case the wife shal plead as sole in a Court of Record and shal have her Law and other advantages by way of plea as a sole woman and if she shal be condemned she shal be put in prison untill she hath made agreement Item The husband nor his goods shall be in such a case charged nor impeached c. Item If a woman that hath a husband A house hired by a woman sale as a woman sole hire any house or shop within the City she shal be charged to pay the rent of the said house and shop and shall be impleaded and pursued as a sole woman by way of debt if need be notwithstanding that she was marryed at the time of the Lease the lessor not knowing thereof Trespasse done by the Wife Item If a plaint of trespasse be made against a man and his wife for a trespasse done by the wife solely then the wife shall answer sole without her husband if the husband come not and shal have plea as a sole woman and if she be attainted of trespasse she shal be condemned and committed to prison untill shee hath made a greement Item Trespass don to the Wife If a playnt of trespasse be brought by the husband and the wife of Battery done to the wife in such case the wife shal be received for her selfe and her husband to pursue and recover damages against the defendant although the husband be not present Item Action of debt where a plaint of debt brought against the husband and the plaintiffe acknowledgeth that the husband made the contract with him by the hand intervening and transaction of the defendants wife Aid of the Wife then the same defendant shal have ayd of his wife and shal have day untill the next Court to consult with his wife and the same day shal be given to the Plaintiffe c. Item How a man shall he termed a Freeman of London When any defendant in plea of debt or other action personall wageth his law as a Freeman of the City and the plaintiffe demands how he is free it behoveth that the defendant alleage that he is free by redemption and if he say that he is free by redemption the plaintiffe may cause that the defendant to shew his Record at the next Court. And if he faile of his Record then he shall be attainted and adjudged convict in the cause And if the defendant alleage that he is free by birth the plaintiffe may say that he was not borne in the City that shall be enquired by the Enquest taken in the said City of such a place where the defendant will alleage that he was borne and that issue is peremptory Item Of contribution by obligees where two or more are obliged with in the City by obligation of debt and every of them in the whole sum then if one of the obligees pay the whole or he to whom the obligation is made bringeth a suite in the same City and recovers the debt against one of the obligees solely then he that paid the debt or is so condemned may sue against the other obligees by playnt or debt jointly or severally to make contribution so that every one shal pay his part according to the usage of the said City saving reasonable answer to the parties Item Of forraigne attachments when a plaint of debt is brought before any of the said Sheriffs and testimony is given by the Officer that the defendant hath no sufficient within the said City and it is alleaged that the defendant hath goods and chattles or debts in other hands or in others keeping within the said City and the plaintiffe prayeth that such goods and chattles may be arrested and an extent may be made of the debts then at the suite and suggestion of such plaintiffe such goods and chattles shal be arrested wheresoever they be found within the City and an extent shall be made of the debts at the perill of the plaintiffe and this done the plaintiffe shal pursue at four courts before the same Sheriffe before whom the plaint was affirmed untill the defendant be four times demanded And if the defendants come not at the fourth Court and hath made four defaults then shal the goods and chattles arosted be taken and delivered to the plaintiff And if the goods amount not to the value of the debts then the debts extended in the hands of the debttors shal be levied and delivered to the same plaintiffe in part of payment of the debt demanded And such arrests of goods and extents of the mony are called forrain attachments according to the custome of the City And thereupon the plaintiffe shall find sufficient surety to the Court by pledge before that the livery there of be made upon this condition to make restitution to the defendant of all the goods and chattles so taken or of the value of the same and of such mony whereof he hath had execution if so be that the defeudane come within the yeare and the day next ensuing into the Court and that he can discharge himselfe and justifie by law that he ought nothing to the plaintiffe at the time in the plaint mentioned And if the same defendaut wil come within the yeare and the day