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	find_v	plaintiff_n	2,188	5	10.2484	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

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

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

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