Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	case_n	defendant_n	plaintiff_n	1,918	5	10.3007	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

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

of the said City and of the merchandizing towne where the contract is supposed to this intent that such merchants may have notice of the same contract Item Of the same The Sheriffes of London have alwaies used to hold pleas before them betweene what merchants soever where both parties are Merchants of all bargaines and personall contracts which touchcing merchandize made beyond Sea at the merchandizing town or place merchandizable where the bargaines and contracts are made by expresse words upon payment or delivery of the merchandize or to render account within the said City of London And in such a case if the parties discend to an issue of Enquest then shal the Enquest be taken of men remayning within the same City viz. of Merchants travelling that use to passe over the Sea which best may have knowledge of the aforesaid bargaines and contracts And if any forraigne Merchant and Alien be party to the plea and such enquest be to be taken then the Merchant Alien shall have the moity of the Enquest of his own Country men Which withdraw them selves out of the City c. Item If a plaint of debt be made and it is testified by the Minister that the defendant is not resiant within the City that he hath absented himself and carryed away his goods And it is testified that he hath lands or tenements within the City then at the pursuit of the plaintiffe the plaintiffe ought to hold them by the same extent untill he be satisfied of his money due unto him finding sureties to uphold the tenements conveniently and also to repay the defendant the money received in the mean time if it be so that the same defendant come in Court of Record within a yeare and a day after the delivery made and can discharge himself that he oweth nothing to the plaintiffe Item Examination in a plea Personall The Sheriffes use to examine the parties in all actions personall depending before them if any of the parties desire the same and to proceed to judgment according as it is found by examination Item Where any personall action is depending before either of the said Sheriffes Of the same and some matter is alledged by the defendant in barre of the action or a thing materiall to delay the plaintiffe And if the plaintiffe puts himself upon the oath of the defendant peremptorily that the plea or the exception given by the same defendant is not true then the said defendant if he be in Court or if he be resiant within the City that he may conveniently come by the discretion of the Court then he shall make his oath that his plea or exception that he hath given is good true And if he come and refuse to make such an oath then he shall be held as convict in the cause and thereupon the plaintiffe shall recover that which lyeth in demand according as it may be found by examination of the plaintiffe or by enquest of office if need be And if he make the oath the plaintiffe shall be outed of his suit or action if he for his part will not swear that the suite or other matter alledged by him is not good and true And if such an oath be required of the plaintiffe and the plaintiffe take the oath he shall recover by the same oath if the exception be materiall and so are such oaths peremptory of the one part and of the other according to the matter of the Exceptions Item Of default after mayn prise If a man be arrested by a plaint of debt or by other personall action and find surety to be ready at the next Court before the Sheriffes to answer to the Party At which Court although the defendant be demanded in convenient time to come and save his maynprise and he make default and the default be recorded yet if the same defendant come sitting the same Court he shall be received to plead saving that in such a case he shall lose the advantage of his Law-wager although he might have had his law if he had come in time Item Of amending Bills Where parties appeare in the Sheriffes Court the usage is that the Plaintiffes may amend their plaints and their Bills before that the said parties be at issue or plead to judgment in Court of Record Item Acton of account In an action of account before the Sheriffes the plaintiffe by usage of the City may not count that the defendant was his Bayliffe in any case but Receiver of his money or of his goods Item An action of account is maintainable by usage against a woman sole and against Infants within age if they be Merchants or if they keepe common shops of trade or of Merchandize And actions of debt in the same manner of that which toucheth their trade or their merchandizes Item Of plaints removed out of the Shrieffes courts Where pleas are depending before the Sheriffs the usage is alwayes that the Mayor of London that is for the time may send to the Sheriffes to cause the complaint and the processe to be brought before him and their Aldermen to determine and discusse the same complaint before them or to send back the said complaint before the same Sheriffes further to proceed in the said processe according to that which the Mayor and Aldermen shall see fitting to be done and to command the Sheriffes to surcease at their wills Item Where the debtor shall be arrested before the day conteined in the obligatio Of fugitives When a debtor is bound within the said city by obligation in a certain summe to pay at a certaine day to come the which debtor was held sufficient at the time when he was bound and after is become fugitive or not sufficient then if the creditor come before the Mayor and Sheriffes of the said City making such a suggestion and hath with him six or foure credible men of the same City that will truly testifie that the debtor will withdraw and convey his goods out of the City or that he is not sufficient to make payment then the Mayor or one of the Sheriffs before whom the suggestion is made useth to arrest the debtor although the day contained within the obligation be not yet come and to keepe the same debtor in prison untill the day of payment be come or otherwise that he shall find pledges to attend at the same day and so to arrest for Houshire before the day Houshire if the tenant be fugitive Item To arrest a debtor without a sergeant If a Freeman of the City find his debtor suddenly within the same City which debtor hath absented himself before or that he be sugitive and the which debtor will escape away before that the creditor can have an officer the usage is in such a case that the Freeman himselfe with ayd of his neighbors without other officer may arrest his debtor and carry him to the office of one of

Defendant will verifie that the said Iohn Batemanson in the narration and plaint aforesaid nominated and the said I. B. in the said Record before the said I. H. Chamberlaine nominated are one and the same person and not divers and as wel by the name of I. B. as by the name of I. B. alwaies hitherto knowne called and so he saith c. And the said Defendant saith that he is a Freeman of the said City of London by his Apprenticeship according to the custome All and every which matters he the said defendant is ready to verifie as the Court c. and demandeth that if the aforesaid defendant c. The King to his well-beloved and faithfull William Merre Adam of Shopenhange and to Walter of Padenham assigned for the assessing of the tallage or customes within Our Cities Burroughes and Demesnes within the County of Oxon greeting OUR Citizens and Merchants of Our City of London In the white book the 3. part of the 3. booke fol. 50. have shewed to us That whereas some of them have used to be brought divers their goods and merchandizes from London unto Henley in the County aforesaid there to be sold upon Market dayes and with them to trade from week to week And that some of them buy divers Goods and Merchandizes in the parts there adjoyning to be brought to London for their profit to be made thereby And they hier little houses and places in the said towne of Henley from terme to terme as well for the aforesaid goods and Merchandizes brought thither to be laid up untill they may conveniently sel the same As also for the aforesaid goods and merchandizes brought there in the said parts to be laid up untill conveniently they may carry the same from thence And any certaine houses or Lands or Tenements there they have not neither make they any abode in the same place neither are they in Scot and Lot with the men of the same towne Yea neverthelesse Ye by occasion of such their houses places and goods and their merchandize so put in the same doe thereupon very unjustly distreine them the said Citizens and Merchants to pay Tallage for Custome as if they had their Houses and Lands and tenemants and made their continuall abode or were in Scot and Lot with the said men to the great damage and burden of the said Cityzens and Merchants And because it is not agreeable to Right that Our said Citizens and Merchants in the said case should be taxed with the men aforesaid especially seeing that they may freely exercize their Merchandizes throughout all Our Kingdom c. are taxed for their Merchandizes in Our City aforesaid with their fellow Citizens there as often as any tallage or custome shall happen to be assessed upon the commonality of that City We command you that you do not assesse them our said Merchants and Citizens with the men aforesaid in the case aforesaid But that you suffet them in this behalf to be in peace so long notwithstanding as there shall not be other cause wherefore they ought to be seized there Witnesse my Selfe at Westminster the XIII Day of February in the VI. Yeare of Our Reigne Item In the same booke the 4. part fol. 6. B. side For driving of Carts That no Carter within the Franchize drive his Cart any faster when it is empty then when it is laden for eschewing of divers perills and grievances upon paine of forty Pence to the Chamber and his body to prison at the will of the Mayor Item In the same booke the 4. part sol 6. B. side For that the course of water of Thames which wholy appertaineth to the City is greatly disturbed by the purpresture of the keyes and other adjesments made in the said water to the great perill and damage of the whole City And for the eschewing of greater perils and damages in time to come It is ordayned by the Mayor and Aldermen with the assent of the Commons That hereafter no purpresture shall be made by the making of Keyes nor in any other manner upon the water of Thames without view of the Mayor and Aldermen and Commons and unlesse their opinions and Judgments be that such purpressture will not be unto the danger or hinderance of the City A TABLE OF Sundry Offices and Rooms in the City of London within the Lord Mayors guift ALvegers Searchers and Sealers of Woollen Cloath Attorny ship in the Sheriffs Court Baker of the Bridge-house Bayliffe of the hundred of Osalston Baliwick of Southwark Beadelship of the Court of Request Bell man Clarkship of the Lord Mayors Court Clarkship of the Papers Clarkeship of the Chamber Clarkeship of the Counters Clarkeship of the Bridghouse Clarkeships of the works and Reparationstuffe Clarkeships of the Court of Request Clarkeship of the Commssioners for the enlargement of Prisoners in execution in the Counters Clarke of Bridwell Clarkeship of Blackwell Hall Clarkeship of the Commssioners for inlargement of Prisoners in the Kings Bench. Common Sarientship Common Pleaders Common Hunt Common Cryers Common Controler Comptroler of the Chamber Collector of Scavage Collectors of Wheeleadge on Loudon Bridg. Conduit at Dowgate drawing Water Forrintaker Gauger of Wines and Oyle Keeper of Blackwell Hall Keeper of the Storehouse in Blackwell Hall Keeper of Worsted Hall Keeper of Bay Hall Keeper of the Conduit at Newgate Keeper-ship of Ludgate Keeper-ship of Newgate Keeper ship of the Counters Keeper of the Counters in Southwark Keeper of Bothlen Keeper of the Sessions house Keeper cleane of the Market and Market house in Newgate Marketand Collectors of duties there Keeper of the New-buriall place Keepers of the Wood and Coles for the poor in severall places Measurage of Silks Cloth Linnen Meate Weighers Measurage of Cottons Mesurage of Bayes Packer ship Prothonotoriship Portership of Blackwell Hall Portership of the Bridg house Remembrancer Renter-ship of the Bridge house Renter-ship of Finsbury Sword bearer Second biriship Solicytor ship 3 Sergeant Carvers 3 Sergeants of the Chamber Sergeant of the Channel Stewardship of Sonth wark Stewardship of Finsbury Towne Clarke ship Under Sherifewick Under Water Bayley Weigher of Raw silkes Water Bayly 2 Yeomen of the Chamber 4 Yeomen of the Water-side Yeomen of the Channell 6 Young men PROFITS TO Be received by the Lord Mayor yearly and other Profits arising otherwise Scavage IT appeareth by severall Acts of Court of the Lord Mayor and Aldermen one taken Anno. 4. E. 4. another taken Anno 6. E. 4. by an Act of Parliament 19. H. 7. Cap. 8. and by other Acts of Court and by continuall usage that the Moity of the Profits of the Office of Collection of Scavage is due to the Lord Mayor Measurage of Linnen Cloth and Silke Item There is yearly due and paid to the Lord Maior of the Profits of the Officers of Measurage of Linnen Cloth and Silk which is collected by vertue of an Act of common-Councell made An. 4.5 P. M. 1. l. Item By vertue of an Act of Common-Councell made Anno 4.5 Pet. M. and of Orders of Court Anno 4.5 Pet. M. there is to be paid to the Lord Mayor toward the Feast kept at Guild-hall 1. l. Item There is paid yearly out of the Chamber in respect of Waxherrings and Scurgion which was wont to be yeilded to him by the Marchants of the Still-yard 5. l. 5. s. 8. d. Wines Item Paid by the Chamberlain yearly in respect of 4 Tons of Wine sometimes allowed to the Lord Maior to cause his right of making six Free-men in his yeare 80. l. Major Sheriffes Presenting Mr. Sheriffe at the 18.16.8 d. Exchequer 18.16.8 d. Packer yearly per annum 100. marks Cole-Meators Cole Meators yearly 10 l. a piece and since this rate appointed these places yeeld a greater sum 7 eild per annum 80. l. a piece 3. per an 10. l. a piece 3. The two last of the ancientest are to be disposed for the Profit of the chamber 7 eild per annum 80. l. a piece 3. per an 10. l. a piece 3. Gawning Gawning besides the Rent to the Chamber The Escheatership for London The Escheatership for Southwark The profit of the office of the Cockets Reversion of five offices to be granted yearly at the request of the Lord Mayor to have one of them which shall first fall or of foure the Clarkship of the Lord Moyors Court apart by it self to be granted to one of the Under-clarks serving in the same Court after he shall have served there seven yeares The Clarkship of the Court of Conscience to be granted to the under-clark of the Lord Mayors Court 180. l. FINIS