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	debt_n	reverse_v	2,623	5	13.2640	5	true

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

by expresse words contained in the Testaments of their Ancestors And no such Orphans ought to be marryed without the assent of the said Mayor and Aldermen To marry by the assent of the Mayor And also where Lands or Tenements Goods and Chattles within the said City are divised to an Infant within age of one City or of the same City living his Father that such an Infant is no Orphan yet by usage of the said City the said Lands and Tenements Goods and Chattles shall be in the custody of the Mayor and Aldermen aswell as of the Orphans to maintaine and keep them to the use and profit of the same Infant except that the Father of the infant or some other of his friends will find sufficient surety of record to maintaine and keep the said Lands and Tenements Goods and Chattles to the use and profit of the said Infant and thereof to render a good and loyall accompt as is aforesaid And it is to be understood That the goods of the testator shall be parted into three parts that where a Cityzen of the same City hath a wife and children and dyes all the goods and chattles of the said party deceased after his debts be paid shall be divided into three parts whereof one shall remaine to the dead and shall be destributed for his Souls benefit and the other part shall be to his wife and the third part to his children to be equally shared betweene them notwithstanding any Will made to the contrary And therefore as well the wife as the children may have their recovery and suit to demand such goods and chattles against the Executors or other Possessors of the said goods and chattles before the said Mayor and Aldermen by Bill Item By ancient custome of the said City That No Forreigner shall sel Victual or other Marchandize to any other forreigner by retayle it was not lawfull for any Stranger or Forreigner to sell victuall nor other Marchandize to any other Stranger or Forreigner within the same City to sell again nor for any such Stranger or Forreigner to sell victuall or other Merchandize within the City by retayle Item By ancient custome of the said City of London the Citizens Ministers of the same City ought to obey no Commandement nor no Seale but only the commands and immediate Seale of our Lord the King Nor ought any Officer of our Lord the King to make seisure or any execution within the said City nor within the Franchize thereof by Land or by Water but onely the officers of the said City Item Of a Writ of Errour Of Judgements given in the Sheriffs Court in actions personall or in Assizes taken before the Sheriffs and Coroner by custome of the said City the parties against whom such Judgments are given may sue a writ of Errour directed to the Mayor and Sheriffes to reverse the said Judgment in the Hasting if the Judgment be reversible And although such judgments be affirmed in the Hasting yet the same party may sue another Writ of Errour directed to the Mayor and Sheriffes to cause to bring the Record and Proces before the Justices assigned at St. Martins the Great as it hath been done heretofore But if any party by such judgment given before the said Sheriffs be convict in debt or in dammage and for that cause be committed to prison untill he hath made agreement and after pursue a Writ of Errour to reverse the judgment in the Hasting or although the Judgment be affirmed at the Hasting the said parties will sue another Writ of Errour to reverse the same Judgment before the Justices assigned at St. Martins the great as afore is said Yet not withstanding the same party which is so imprisoned ought not to be delivered out of prison hy ancient custome of the City by reason of such a Writ of Errour before that he hath found sufficient surety within the said City or put the money in the hands of the Court to pay him that shall recover or in case that the said Judgment be afterward affirmed And in case that such a Writ of Errour be sued to reverse any Judgment given in Hasting before the Justices assigned at St. Martins the Great and it be commanded by Writ to warn the parties and to cause them to bring the Record and Proces before the same Justices then shall the parties be warned as the Law requires But no Record shall be brought before the said Justices in writing by custome of the City but the Mayor and Aldermen shall have forty dayes respit assigned by the same Justices after their first Session there to be advised of the said Record of the Proces thereof and at first Session of the Justices after the forty dayes the said record and processe shall be recorded before the same Justices by the mouth of the Recorder of the said City or tenus And of Judgments given before the Mayor and Aldermen in the Chamber of Guild-Hall according to the Law of Merchants no Errour was ever writ to be sued Item By ancient custome of the City all the Liberties Priviledges and other Customes pertaining to the same City ought to be recorded by mouth without being put in any other manner in writing Item The Citizens of London by custome of the City ought not to go out of the City by writ or other manner to passe in any Enquest Item Of not putting Citizens in Enquest out of the city Wives after the death of their husbands by custome of the City shall have their free bankes that is to say the wife after the death of her husband shall have of the tenement within the City whereof her husband dyed seised in fee and in which tenement the said husband and she were remaining together at the time of the death of her husband the Hall the principall chamber and the celler wholly and her easement in the Kitchin the chiefe table and curtilage in common or other necessaries to her appertaining for terme of her life And at what houre that she shall marry she shall lose the free bank and her dower thereof saving to her the dower of her other tenements as the Law requires Item Every Free-man using a Mystery may by usage of the same City take an Apprentice to serve him and to learne his Art and Mystery and that by Indentures that shall be made between him and his said Apprentice The which Indentures shall be examined and enrolled of record before the Chamberlaine of Guild-Hall And such Apprentice may bind himselfe or his friends may put him to his Master by their Indentures if he be of convenient age according to the discretion of the Chamberlain or of the Mayor and Aldermen if need be And no Apprentice by custome of the City may be put for lesse terme then 7. yeares and the Indentures ought to be enrolled within one year after the making thereof under a certain pain therefore limited and after such Apprentice

Pleas and that they warne the parties to heare the Record And after that the Record and Processe be in the Husting although the Defendant come by the warning or make default the errours shal be assigned and there the Judgment shal be affirmed or reversed as the Law requires And it is to be understood that by the usage of the said City when a man is condemned in debt or attaint of dammages in any action personally before the Sheriffs and bringeth such a Writ of Errour he himselfe which bringeth the writ ought and was wont before that he be delivered out of prison to find sufficient surety of men abiding in the same City before the Mayor and Sheriffes to pay the mony or to have the body forthwith comming in case that the Judgment be affirmed And so it shal be done where dammages shal be recovered in Assizes before the Sheriffs and Coroner c. Item In a Replegiarie Replegiarie the processe is such If any man take a distresse in an other mans ground within the said City he to whom the goods belong may come to one of the Sheriffs and have a minister by commandement of the Court to goe to the party that tooke the goods and if he may have the sight to take the same goods by two wise men and then there shal be a plaint made in the Sheriffes paper in this manner Such a one maketh his complaint against such a one of his goods unjustly taken in his house or in his freehold in such a Parrish And the same party shal there find two sufficient pledges to pursue his plaint and to make returne of the goods or the price thereof in case that the returne be awarded and so he shal have the deliverance And the parties shal have a day prefixed at the next Husting of Common-Pleas the Sheriffe shal make a Bil contayning all the matter and the plaint and shal bring the same Bill to the same Husting and there it shal be put on the File and the parties shal be called for At which day the one and the other may be essoyned of common essoyne And at what time soever the Plaintiffe makes default returne shal be a warded to him that hath them and the returne in such case is awardable three times by the custome and at the third time not replevisable And at what time soever he that hath them maketh default then it shal be awarded that the same goods shal remaine to the Plaintiffe viz. they shal remaine without recovering of any dammages And if so be that the Sheriffe may not have a sight of the distress taken then he shal so certifie in the said Husting and there shal be awarded a Writ of Withernam and thereupon processe shal be made And if the parties come avoury be made they may plead to a Judgment or to an issue of enquest according as the case requires And the parties may be essoyned after every appearance And if the party claime property in the distresse then that certified in the Husting processe shall be made by precept directed to the Sheriffe to try the property And though the party be essoyned to serve the King in a Replegiary and at the day that he hath by essoyne maketh default or brings not in his warranty he shal be amerced In a writ de partitione fac to make partition between partners of tenements in London a writ close shal be directed to the Mayor and Sheriffs containing the matter according to the forme of such a Writ And the parties shall be warned by precept of the Mayor directed to the said Sheriffs and the tenants may be essoyned and if they come they may plead their matter and if they make default the Partition shall be awarded by default Item Of the Bedle every Bedle by the advice of his Alderman against every Husting of Common-Pleas shall summon 6 Free-holders the better and sufficienter of his Ward to come to the aforesaid Guild-hall to passe in Enquest if there be need if there be so many Free-holders in the said Ward And the Enquest shall be presented as is aforesaid in the Husting of Plea of Land Item Of Exigonts Briefs of Exigent are demandable in the Husting as well in the Husting of Common-Pleas as in the Husting of Pleas of Land But those Exigents that are demanded in the one Husting shal not be demanded in the other Husting And at the fifth Husting the outlawries and veniries shall be awarded in full Husting before the Mayor and Aldermen by the mouth of their Recorder And also all Judgments that are given in Husting after every Husting shall be enrolled sent to the Chamber of Guild-hall afore-said Item It is to be understood that all the amerciaments made at those Hustings do appertaine to the Sheriffes of the City Item The Aldermen of London are summoned to come to the husting Of summoning the Aldermen to the Husting and they ought by usage of the said City to be summoned by an Officer of the Sheriffes Of exigents Of summoning the Aldermen to the Husting sitting upon a horse of a 100. S. price at least And if it happen A taile that between Merchant and Merchant or Citizen and Citizen there be debate of Debt and a tayle be shewed forth by the party and such tayle be denyed the partie that bringeth the tayle shall make his proofe according to the Law Merchant but shall prove the same by Citizens or Merchants or other good and loyall men Of assize of Mertdancester not by villaines Item The Assizes of Mordancester are held and determinable before the Sheriffs and the Coroner of London on the Saturdayes from fourteene deyes to fourteene dayes at the Guild-hall the processe wherein is in this manner viz. He that will have such assize shall come in the Husting or in the congregation of the Mayor and Aldermen in the Chamber of Guild-hall any munday as it is said in the assize of freshforce shall make a Bill containing the forme of assize of Mortdancestor according to the case and the Bill shall be enrolled And afterward the common Clerk shall make another Bill containing the whole matter of the first Bill making mention of the title of Husting or of the day of the Congregation of the Mayor and Aldermen and that Bill shall be sent to the Sheriffes or to one of them to serve according to the custome And which Bill shall be ferved by any Sergeant or other Minister of the Sheriffes viz. The said Minister the Wednesday next after the livery of the Bill shall make his summons at the tenements demanded by witnesse of two Free-men of the Cittie which ought to be at Guild hall the Saturday next ensuing to array and summon the Jurors and so afterwards against the Saturday from fourteene dayes to fourteene dayes at their wills and so may the tenants sue if they will for their deliverance And the arraignments of the panneis of such

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