Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	action_n	court_n	defendant_n	3,192	5	9.7483	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
B09030	Anno Regni Caroli II regis Angliæ, Scotiæ, Franciæ & Hiberniæ, vicesimo secundo & vicesimo tertio at the Parliament begun at Westminster the eighth day of May, Anno Dom. 1661. In the thirteenth year of the regin of our most gracious sovereign Lord Charles by the grace of God, of England, Scotland, France and Ireland King, defender of the faith, &c., and there continued by several prorogations, to the fourteenth day of February 1669/70, and thence continued to the 22th of April 1671 on which day the said Parliament was prorogued to the 16th day of April which shall be in the year 1672.	England and Wales. Laws, statutes, etc.; England and Wales. Parliament.	1690 (1690)	Wing E1120A; ESTC R175040	11,659	17

Anno Regni CAROLI II. REGIS Angliae Scotiae Franciae Hiberniae Vicesimo secundo vicesimo tertio At the Parliament begun at Westminster the Eighth day of May Anno Dom. 1661. In the Thirteenth Year of the Reign of our most Gracious Sovereign Lord Charles by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. And there continued by several Prorogations to the Fourteenth day of February 1669 70. And thence continued to the 22th of April 1671. On which day the said Parliament was Prorogued to the 16th day of April which shall be in the year 1672. HONI SOIT QVI MAL Y PENSE DIEV ET MON DROIT LONDON Printed by Charles Bill and Thomas Newcomb Printers to the King and Queens most Excellent Majesties MDCXC Anno XXII XXIII CAROLI II. REGIS An Act for the Relief and Release of Poor Distressed Prisoners for Debt FOrasmuch as very many Persons now Detained in Prison are miserably Impoverished either by reason of the late unhappy Times the sad and dreadful Fire their own Misfortunes or otherwise so as they are totally disabled to give any Satisfaction to their Creditors and so become without Advantage to any a Charge and Burthen to the Kingdom and by Noisomness inseparably incident to extream Poverty may become the occasion of Pestilence and Contagious Diseases to the great Prejudice of the Kingdom Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That it shall and may be lawful to and for any Iustice of the Peace of any County City Town or Liberty within the Kingdom of England Dominion of Wales or Town of Berwick upon Tweed by Warrant under his Hand and Seal to require the Sheriff Goaler or Keeper of any Prison within his respective Iurisdiction to bring without delay the Body of any Person being in Prison for Debt on the Fourteenth day of April One thousand six hundred seventy and one or Damages and Petitioning such Iustice to be Discharged to some convenient Place within the distance of One mile from the said Prison and shall certifie the Cause and Causes of the Imprisonment before the same Iustice Which Warrant every such Sheriff Goaler and Keeper is hereby commanded to obey And in case such Prisoner coming before such Iustice shall take an Oath to this effect Viz. I A. B. do upon my Corporal Oath Solemnly Profess and Declare before Almighty God That I have not any Estate Real or Personal in Possession Reversion or Remainder of the Value of Ten pounds in the whole or sufficient to pay the Debt or Damages for which I am Imprisoned And that I have not directly or indirectly Sold Leased or otherwise Conveyed Disposed of or Entrusted all or any Part of my Estate thereby to Secure the same to receive or expect any Profit or Advantage thereof or Defraud or Deceive any Creditor or Creditors whatsoever to whom I stand Indebted Then after the taking of such Oath the said Iustice shall Remand the Prisoner to Prison and shall give a Certificate there of in Writing under his Hand and Seal to the same Prisoner to be served upon such Person or Persons his or her Executors or Administrators or to be left at the place of the usual abode of such Person or Persons at whose Suit the Prisoner standeth Charged and Imprisoned thereby appointing as well the said Person or Persons as the said Prisoner to appear before the Iustices at the next General Quarter Sessions of the Peace to be holden for the same County City Town or Liberty When if it shall appear upon Oath which Oath the said Iustices are Impowered to Administer that the said Certificate was so served or left Fourty days or more before the said Sessions And that the said Oath taken by the said Prisoner be not disproved by good Testimony of any credible Person or Persons upon Oath to be administred by the said Iustices by virtue of this Act Then the said Iustices being satisfied therein shall direct there Warrant under their Hands and Seals commanding the said Sheriff Goaler or Keeper of the Prison to set at Liberty and Discharge the said Prisoner if Imprisoned for the Causes aforesaid and no other without paying any thing for Fee or Chamber-Rent which Warrant shall be a sufficient Discharge to the same Sheriff Goaler or Keeper of Prison and no Action of Escape or other Action shall be brought against them or any of them for the same in any wise Provided also and be it Enacted by the Authority aforesaid Tha● when such Prisoner or Prisoners for Debt shall have Legally taken the said Oath in this Act proposed to be taken and shall have duly Summoned his or their Creditor or Creditors And after the said Fourty days time if the said Creditor or Creditors shall make no Discovery of his her or their Estates nor disprove nor detect the said Prisoner or Prisoners of Forswearing themselves That then if such Creditor or Creditors will not be satisfied therewith that the said Prisoner or Prisoners may be set at Liberty or will insist to have the said Prisoner continued in Goal That then the said Creditor or Creditors shall at his and their own proper Costs and Charges allow and pay Weekly a reasonable Maintenance to the said Prisoner or Prisoners such as the said Commissioners of the Peace or any Three of them in their respective Divisions shall order and appoint not exceeding Eighteen pence a Week and upon Nonpayment of the same Weekly the said Prisoner or Prisoners shall be set at Liberty according to the true intent and meaning of this Act. And be it further Enacted by the Authority aforesaid That upon any Action of Escape or other Suit brought or to be brought against any Sheriff Goaler or Keeper of any such Prison or other Officer or Person for any thing done in Obedience to this Act it shall and may be lawful to and forsuch Sheriff Goaler or Keeper of Prison or other Officer or Person to Plead the General Issue and give this Act in Evidence which shall be a good and sufficient Discharge and shall save harmless every such Sheriff Goaler or Keeper of Prison Pleading the same And if the Plaintiff in any such Action shall be Nonsuited or Verdict pass against him the Defendant shall have double Costs to be Taxed by the Court where such Action shall be brought Provided always and be it further Enacted by the Authority aforesaid That notwithstanding the Discharge of the Person of such Prisoner as aforesaid upon taking the Oath aforesaid all and every Iudgment had and taken against him or her shall be and stand good and eff●ctual in the Law to all intents and purposes against the Lands Tenements Hereditaments Goods and Chattels only of the said Prisoner so Discharged as aforesaid And it

or persons concerned therein and to Examine them upon Oath to make true Discovery thereof which they have full Power and Authority hereby to do and the same so found out and ascertained to Order and Settle in some manner and way that the Prisoners hereafter may not be defrauded but receive the full Benefit thereof according to the true intent of the Donors And that these Accounts of the several Legacies Gifts and Bequests given and bestowed upon the several Prisoners for Debt within this Kingdom and the several Rates of Fees and the future Government of Prisons be Signed and Confirmed by the Lord Chief Iustices and Lord Chief Baron or any two of them for the time being and the Iustices of the Peace in London Middlesex and Surrey and by the Iudges for the several Circuits and Iustices of the Peace for the time being in their several Precincts and fairly written and hung up in a Table in every Goal and Prison before the First day of November One thousand fix hundred seventy and one and likewise be Registred by each and every Clerk of the Peace within his or their particular Iurisdiction And after such Establishment no other greater Fee or Fees then shall be so Established shall be demanded or received And whereas it is become the common practice of Goalers and Keepers of Newgate the Gatehouse at Westminster and sundry other Goals and Prisons to Lodge together in one Room or Chamber and Bed Prisoners for Debt and Felons whereby many times honest Gentlemen Tradesmen and others Prisoners for Debt are disturbed and hindred in the Night-time from their natural Rest by reason of their Fetters and Irons and otherwise much offended and troubled by their lewd and prophane Language and Discourses with most horrid Cursing and Swearing much accustomed to such persons Be it Enacted by the Authority aforesaid That it shall not be lawful hereafter for any Sheriff Goaler or Keeper of Goal or Prison to put keep or lodge Prisoners for Debt and Felons together in one Room or Chamber but that they shall be put kept and lodged separate and apart one from another in distinct Rooms upon pain that he she or they which shall offend against this Act or the true intent and meaning thereof or any part thereof shall forfeit and lose his or her Office Place or Employment and shall forfeit treble Damages to the Party grieved to be recovered by virtue of this Act Any Law Statute Vsage or Custom to the contrary in any wise notwithstanding Anno XXX CAROLI II. REGIS An Act for the further Relief and Discharge of Poor Distressed Prisoners for Debt WHereas by an Act of this present Parliament made in the Two and twentieth and Three and twentieth years of the Reign of our Sovereign Lord King Charles the Second In ituled An Act for Relief and Release of Poor Distressed Prisoners for Debt Provision hath been made for Relief and Release of such Prisoners as were in Prison for Debt or Damages upon the Fourteenth day of April One thousand six hundred seventy and one in such way and manner as in the said Act is provided and declared Notwithstanding which the persons of such Prisoners have not been discharged of their Imprisonments the words Debt or Damages mentioned in the said Act being construed doubtful as not Warranting the Discharge of any Prisoner unless Charged in Execution For Explanation whereof and to supply other Defects which have obstructed the good ends and purposes of the said Act Be it now Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That all persons being in Prison upon the Nine and twentieth day of May One thousand six hundred seventy and eight being the Anniversary day of His Majesties Birth and happy Restauration for Debt or Damages or for or upon any Action or Actions or upon any Mean-Process for Debt Account or Trespass upon the Case which Actions by Prosecution of Law may be Iudgments for Debt or Damages or who have Iudgments entred upon Record against them or are Charged in Execution or Imprisoned upon Attachments for Debt or upon Outlawries before or after Iudgment for Debts or upon any other Process whatsoever issuing out of any Court of Law or Equity for the Cause of Debt or Damages or Costs only whether the said persons were in Prison upon the said Fourteenth day of April One thousand six hundred seventy and one and have taken the Oath in the said Act mentioned or have been Committed to Prison since that time who shall take the Oath in the said recited Act mentioned shall and may be Released and Discharged from their Imprisonments in such way and manner as such as were in Prison for Debt or Damages upon the said Fourteenth day of April One thousand six hundred seventy and one by the former Act were or might have been in case the said Debt and Damages had been ascertained by Iudgment And all Iustices of the Peace within their several Counties and Divisions are hereby Authorized and Impowered to put in Execution all such Powers Directions and Authorities for the full Release and Discharge of such persons as were in Prison on the said Fourteenth day of April One thousand six hundred seventy and one as aforesaid and of all such other persons as have been since that time committed to Prison and are in Prison on the said Nine and twentieth day of May as aforesaid as the said former Act hath made and provided for the Release and Discharge of such who were in Prison for Debt or Damages upon the said Fourteenth day of April One thousand six hundred seventy and one and every Clause Matter and Thing in the said former Act contained shall be construed and taken to the benefit and advantage of such as shall be in Prison upon the said Nine and twentieth day of May One thousand six hundred seventy and eight as fully and amply as by the said Act it ought to have been for the Benefit and Discharge of such as were in Prison on the said Fourteenth day of April One thousand six hundred seventy and one And whereas by the said former Act it is provided That if any Creditor shall insist to have his Debtor continued in Prison after he hath taken the said Oath and will allow him a weekly Maintenance to be appointed by the Iustices of the Peace not exceeding Eighteen pence the week the same Prisoner shall continue and be detained in Prison Be it now Enacted by the Authority aforesaid That such weekly Allowance shall be paid to the Prisoner himself and not to the Goal-keeper or any other person for him and it within the space of Three Months after such weekly Allowance by any Creditor no Estate of the Prisoner shall be discovered or made out before Two Iustices of the Peace of that County and Division where the

said Prisoner is kept in Prison then the said Prisoner shall forthwith be discharged by Warrant under the Hands and Seals of any Two Iustices of the Peace of the same County and Division where the said Prisoner shall be so in Prison to the Keeper of such Prison in that behalf directed as fully and amply as if such Prisoner had been Discharged by the Iustices of the Peace at their Quarter Sessions as in the said recited Act is mentioned and that then and from thenceforth the said weekly Allowance shall cease and determine as if the same had never been made And all Prisoners by this present Act or by the said former Act Freed and Discharged from their Imprisonments are hereby Acquitted and Discharged of and from the payment of Chamber-Rent and all and every other Fee and Fees due to the Goaler or Keeper of such Prison or Prisons in any manner or wise And be it further Enacted by the Authority aforesaid That no Prisoner Discharged out of Prison by virtue of this present Act or by virtue of the said recited Act shall at any time hereafter be Imprisoned for or by reason of any Debt or Damages or any Sum or Sums of Money contracted or grown due to or recovered by any person or persons at whose Suit the said Prisoner did then stand Charged in any Prison or any other person or persons to whom such Prisoner did give notice under the Hand and Seal of some Iustice of the Peace of the same County City or Place the space of Fourty days before the time of his Discharge of his intention to receive the benefit of this Act and of the way and course he intended to take for obtaining the same before the time of their Discharges as aforesaid But that upon any Arrest for such Debt Damages or Sums of Money it shall or may be lawful for them shewing a Duplicate of their Discharge under the Hands and Seals of the Iustices of the Peace by whom they were Discharged or of any Two of them or of such Iustices of the Peace in case such Prisoner be Discharged after an allowance of Maintenance by the Creditor for Three Mouths as aforesaid which the said Iustices are hereby required to give to every Prisoner so by them Discharged to retain an Attorney to appear for them and File Common Bail to every such Action and Plead thereunto so that the Plaintiff if he please may recover and enter Iudgment against such Prisoner to be executed and levied upon the Lands Tenements Goods and Chattels of such Prisoner so Discharged as aforesaid his or her Wearing Apparel Furniture for his or her Dwelling house the said Furniture not exceeding Ten pounds in value and necessary Tools for his or her Trade and Occupation only excepied but not upon the person of the Prisoner the persons of such Prisoners being hereby for ever Freed and Discharged from Imprisonment for any Debt Trespass upon the Case Duty Sum or Sums of Money or thing thereunto relating Contracted or due before the time of their Discharge having had notice as aforesaid And be it Enacted by the Authority aforesaid That in case any Sheriff Goaler and Keeper of Prison shall refuse and delay to bring and Discharge and set at Liberty any Prisoner or Prisoners according to the Order of the Iustice or Iustices of the Peace made in pursuance of this Act or of the said former recited Act Every such Goaler Sheriff or Keeper of Prison shall forfeit and pay to such Prisoners so detained contrary to such Order the Sum of Twenty pounds to be recovered by Action of Debt in any of His Majesties Courts of Record and shall also be subject to such Fine and Punishment as the said Iustices of the Peace shall upon complaint thereof to them made Order and Award And be it further Enacted by the Authority aforesaid That upon any Action of Escape or other Suit brought or to be brought against any Iustice of the Peace Sheriff Goaler or Keeper of Prison for any thing done in obedience to this Act it shall and may be lawful to and for any such Iustice of the Peace Sheriff Goaler and Keeper of Prison to plead the General Issue and give this Act in Evidence which shall be a good and sufficient Discharge and shall save harmless every such Iustice of the Peace Sheriff Goaler or Keeper of Prison pleading the same And if the Plaintiff in any such Action shall be Non-suited or Verdict pass against him the Defendant shall have double Costs to be Taxed by the Court where such Action is brought Provided always and be it Enacted That the Discharge of any verson or persons by virtue of this Act shall not amount unto or be construed to Free or Discharge any other person or persons joyntly or severally bound for or liable to answer or satisfie the said Debt or any part thereof either as Principal or Surety but that such other person or persons shall be liable to answer the said Debt and Damages in such manner to all intents and purposes as they were before the Discharge of such Prisoner Provided also That no person shall be Discharged by this Act that hath not or shall not before such Oath made have remained in Prison by the space of Six months Provided also That no person by virtue of this Act shall be Discharged out of Prison who shall stand Charged in Execution with more then the Sum of Five hundred pounds to any one person Principal Money and Damages Provided also That no Creditor insisting to have his Debtor continued in Prison shall be bound to make any Weekly Allowance for the Subsistance of the Prisoner where the Father Mother Son or Daughter or other person who by the Laws of this Realm are bound to Maintain him in Discharge of the Parish if he were at large are of sufficient Ability to Maintain such Prisoner Provided also and be it Enacted That if any Creditor insisting to have his Debtor continued in Prison and Ordered to make Allowance towards his Maintenance shall desire to have his Debtor being a person formerly using any Handicraft or Day-labour removed to any publick Workhouse there to be kept at hard Labour and shall within One week next after notice of such Order for making Allowance at his own proper Costs and Charges cause such Prisoner by Habeas Corpus and Commitment or other Order to be removed to any publick Workhouse in the same County where the said Prison is or within Twenty miles distance of the said Prison That then such Prisoner so removed to the said Workhouse shall and may be there held to Labour suitable to his Ability and the Creditor or Creditors shall-afterwards contribute towards his Maintenance only such Sum as over and above the profit of his Labour shall be requisite to Maintain him to be ascertained by the two next Iustices of Peace And in case the profit of his Labour shall exceed the value of his Maintenance One