Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	case_n	court_n	writ_n	2,874	5	9.1804	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A48299	Lex Londinensis, or, The city law shewing the powers, customs, and practice of all the several courts belonging to the famous city of London ... : together with several acts of Common Councel, very useful and necessary to be known by all merchants, citizens, and freemen of the said city : and also, a method for the ministers within the said city to recover their tithes : with a table to the whole book.	City of London (England). Court of Common Council.	1680 (1680)	Wing L1858; ESTC R2792	111,597	280

' c. secundum consuetud ' Civitatis London Primo die Julij Anno c. J. B. A. B. capi ' cognit ' coram me G. J. Recordator '   s. d. For which Warrant the Fee to Mr. Recorder is 6 8 When any person would Replevy Goods in London he must go to the Clerk of the Papers belonging to one of the Compters and give in the Particulars and Security to restore the Goods or the value in case upon a Trial it shall appear the same did not belong to him And then the Clerk will give a Warrant to one of the Sheriffs Officers to cause the Goods to be Appraised and to deliver them to the Plaintiff After the Appraisment is made and the Goods delivered the Officer must make return thereof to the Clerk of the Papers who will immediately thereupon certifie the Record thereof into this Court where the same must be decided And if Issue shall be joyned to try in whom the property of the Goods was when the same were taken a Jury must be summoned to try the Issue And in order thereunto Precepts must be issued to the Beadles of the six adjacent Wards to return the Names of the six substantial Freeholders and Inhabitants in each Ward which Precepts must be as followeth By the Major To the Beadle of the Ward of _____ THese are to require you with the advice of your Alderman and Deputy to return unto me in writing under your Hand the Names and Sirnames of six Freeholders Inhabitants within your Ward to be of a Iury at the next Hustings of Common Pleas in the Guildhall London for trial of an Issue joyned between R. G. and W. B. in a Plea of Replevin and hereof not to fail Dated the day of 1680. When the Names are so returned a Precept must be sent to the Sheriffs to require them to Summon the Jury to appear at the next Hustings of Common Pleas to try the Issue A Writ of Error may be brought in this Court to reverse any Judgment given in the Sheriffs Court The Writ must be made by the Cursitor for London and directed to the Major and Sheriffs of London and when Sealed must be delivered to Mr. Town-Clerk to allow the same and at the same time must enter into Bond with two sufficient Sureties to pay the Debt or Damages and Costs recovered and which shall be assessed in case the Judgment should happen to be affirmed or in case the Plaintiff in the Writ of Error should not prosecute the Writ of Error with effect And when Security shall be so given Mr. Town-Clerk will make a Supersedeas directed to the Sheriffs to stay further proceedings upon the Judgment And it is usual to move the Court at the next Hustings of Common Pleas after the allowance of the Writ that the proceedings in the Sheriffs Court may be certified within fourteen days then following into this Court where Errors may be assigned and argued and if Judgment shall be affirmed the Plaintiff in the Writ of Error may bring another Writ of Error before the Judges to examin the former Judgment The Condition of a Bond to be given upon allowance of a Writ of Error in this Court COndic'o istius Obligac'onis talis est quod cum supra obligat ' J. J. deliberavit Rob ' to Clayton Mil ' Majori Civitatis London Jonathan ' Raymond Mil ' Simon ' Lewis Mil ' Vicecomitibus ejusdem Civitatis quoddam breve de Error ' Corrigend ' in Recordo Processu● Loquele que fuit in Cur ' Dni ' Regis Civitatis praed ' coram Johanne Chapman Mil ' nuper uno Vicecom ' dicte Civitatis sine breve dicti Dni ' Regis secundum consuetud ' Civitatis praed ' inter predictum T. M. J. J. de deb'to ducentar ' librar ' quod idem T. M. à prefat ' J.J. exigit ut dicitur necnon in reddic'one Juditij Loquele praed ' coram praed ' J. C. Mil. si igitur pred' J. J. prosecutus fuerit cum effectu breve pred' Ac etiam solverit satisfecerit prefat ' T. M. debitum damna custag ' sua tam sibi adjudicat ' quam imposterum adjudicand ' in hac parte Et hoc infra quatuordecim dies prox ' post affirmac ' onem Juditij praed ' si contigerit Quod tunc presens obligac'o pro nullo h'eatur Alioquin in omni suo robore stet virtute The form of a Supersedeas is as followeth Per Majorem c. Vicecom ' London QVia in recordo processu ac etiam in reddic'one Juditij Loquel ' que fuit in Cur ' Dni ' Regis Civitatis pred' coram J. C. Mil ' nuper uno Vicecom ' dicte Civitatis sine breve dicti Dni ' Regis secundum consuetud ' ejusdem Civitatis inter T. M. J. J. de quadam transgression ' super casum per prefat ' J. J. illat ' ut dicitur Error intervenit manifestus ad grave dampnum ipsius J. J. sicut ex querela sua accepit dictus Dominus Rex pro eo quod pred' J. J. imposuit coram nobis sufficien ' securitat ' ad breve pred' prosequena ' cum effectu necnon ad satisfaciend ' prefat ' T. M. damna miss ' custag ' tam ipsi adjudicat ' quam imposterum adjudicand ' si contigerit Judicium pred' affirmari Vobis igitur precipimus quod quoad execuc'onem Juditij pred' in aliquo faciend ' Supersedeatis omnino dicta breve de Error ' penden ' indecissus Et ulterius vobis mandamus quod record ' process ' Loquel ' pred' cum omnibus ea tangen ' coram nobis ad prox ' Hustingum London de Com'ibus Pl'itis apud Guihald ' Civit ' pred' tenend ' h'eatis Ac etiam premon ' partibus pred' quod tunc sint ibidem auditur ' record ' process ' pred' si c. Et h'eat ' ib'i tunc hoc precept ' c. When Judgment shall be affirmed in this Court upon a motion the Court will order the Bond to be delivered up to the Defendant in the Writ of Error to put the same in suit for his Costs and Damages susteined by reason of the delay of Execution who shall not be compelled to cancel or part with the same till he shall be fully satisfied If the Plaintiff in the Writ of Error do not certifie the Record out of the Sheriffs Court into this Court according to the time given by the Court or if he shall not assign Errors the Court will give Judgment against the Plaintiff and issue out a Warrant in the nature of a Procedendo to the Sheriffs of London thereby commanding them to proceed to Execution upon the Judgment obtained in that Court That the Sheriffs by commandment of the Lord Major are Ministers to execute all Process out of this Court Note notwithstanding the Original Writ be directed to the

Court to be holden after such Arrest so to be made to the end the party Plaintiff may proceed in his Action according to Law and that none of the said Officers presume to discharge any person or persons by him Arrested after agreements made between the parties till such time as the said Officer shall have caused either the Action to be withdrawn or satisfaction to be acknowledged on Record as the case shall require And if any of the said Officers shall hereafter offend in any of the Cases aforesaid and shall be thereof convicted by Examination of the Iudge in open Court upon complaint of the parties grieved or in default thereof by any other who shall inform the same that then and in every such case the Officer or Officers so offending shall for the first offence be by the said Iudge forthwith committed to the Compter there to remain till he shall have paid down the sum of Five pounds the one Moiety to the party grieved or in default of Information to be given by him or them as aforesaid then to such other person or persons who shall inform the same to the said Court over and besides such remedy as the said party grieved may have by his or their Actions at Law against the said Officers or any of them for any of the Defaults aforesaid and the other Moyety to the relief of the poor Prisoners in such of the said Compters wherein the said cause is or shall be entered And if any of the said Officers after he or they shall have been once convicted of any of the Offences aforesaid shall presume to offend in any of the said Cases the second time and be thereof convicted as aforesaid That then and in every such Case the said Offender over and above all other penalties herein above limited and appointed shall be ipso facto absolutely discharged from his said Office and the Sheriffs of the City for the time being are hereby impowred and required to nominate and present to the Court of Aldermen some other fitting persons to be by them admitted in his or their places as if the persons so offending and convicted as aforesaid were naturally dead Provided always that no Informer shall be intituled to the moiety of the said Five pounds unless the said Offender shall be convicted by the evidence of one or more persons indifferent and unconcerned to the profit or prejudice coming by the default of the said Officer Ever since the making of this Act my Lord Major's Warrant for removing Causes out of the Sheriffs Court into this Court hath been obeyed but as for the other matters they are not observed by the Attorneys in the Sheriffs Court which is the reason of the great Charge Plaintiffs and Defendants are compelled to pay to try Causes in that Court In all Attachments the person whose Moneys or Goods is attached is called the Defendant in the Attachment and the person in whose hands the Attachment is made is called the Garnishee And if the Plaintiff in the Attachment shall obtain a Verdict and Judgment for the Moneys or Goods attached in the Garnishees hands yet the Defendant in the Attachment may at any time before satisfaction acknowledged upon Record put in Bail to the Plaintiffs Action upon which the Attachment is grounded and thereby discharge the Judgment and all the Proceedings against the Garnishee and although the Garnishee be taken in Execut●on upon any such Judgment yet if Bail shall be put in by the Defendant in manner as aforesaid before the Money shall be paid the Garnishee will be immediately discharged If an Attachment shall be made for Goods only and the Garnishee plead he had no Goods in his hands at the time of the Attachment or at any time after and the Plaintiff prove the Goods attached or any part of them in his hands the Jury in such case must find for the Plaintiff and say what Goods they find in the Garnishees hand whereupon Judgment must be entered as followeth Ideo considerat ' est quod fiat appretiatio And thereupon a Precept must be made and directed to one of the Officers of this Court to appraise the same Goods and if the Garnishee shall not produce them the Officer must return an Elongavit which is that the Garnishee hath conveyed the Goods out of the Liberties of this City The next Court-day for Trials after such return made a Jury must be sworn to enquire of the value of the Goods found by the former Jury to be in the Garnishees hands and Judgment must be entered for the value according to the Verdict of such Jury Note That upon Attachments no Costs are allowed to either party let the Verdict be for or against the Plaintiff The day for Trials in this Court is every Tuesday but every day is a Court for entering Proceedings as Appearances Rules Pleas and Judgments except Holy-days the week before Easter the first three weeks in August and from the Sixteenth of December till the Munday after Twelfth-day After Judgment obtained by the Plaintiff against the Garnishee upon any Attachment the Plaintiff must before Execution is awarded find Sureties who must undertake for the Plaintiff that if the Defendant in the Attachment shall within a year and a day then following come into Court and disprove or avoid the Debt demanded against him by the Plaintiff that then the Plaintiff shall restore to the Defendant the moneys by the Plaintiff attached and condemned in the Garnishees hands or so much thereof as shall be disproved or else that they will do it for him and then Execution will be granted against the Garnishee for the Moneys mentioned in the Judgment If A. attaches Money in the hands of B. as the Moneys of C. and in truth B. hath no Money in his hands belonging to C. but expects to receive the Moneys of B. some short time after in such Case B. after four Defaults passed which is usually in four days may discharge the Attachment by coming into Court personally and giving a Rule to declare upon his Attachment and if A. do not declare in three days following then Judgment will be entered against A. to dischage the Attachment But if A. do declare then B. may presently plead he had no Moneys in his hands at the time of the Attachment or at any time since and put the Plaintiff to prove any Moneys in his hands or else B. may discharge the Attachment by waging his Law Note That the Plaintiff shall not give evidence of any Moneys that came to the Garnishees hands after the time of the Plea The manner of waging Law to an Attachment is thus THe Garnishee must come into Court and there take the following Oath viz. You shall swear that at the time of the Attachment made which was the day of last past between the hours of Nine and Ten in the Forenoon of the same day or at any time since you had not owed nor did detain nor

unless it be spoken to his said Brother or to other which in his Conscience or Discretion he shall think it to be for the Common weal of this City And that well and lawfully ye shall do all such things that to the Office of Attorney pertaineth to do as God you help The manner of entring Actions in this Court is different from the Sheriffs Court For you cannot enter an Action in this Court at either of the Compters but must go to one of the four Attorneys and enter your Action with him and if it be an Action of Debt it must be entered thus R. B. Defend ' versus G. W. Quer ' in pl'ito deb'ti super demand ' leg'lis c. Pleg ' c. If in Case In pl'ito transgr ' super cam ' dam ' leg'lis c. Pleg ' c. If in Trespass In pl'ito transgr ' dam ' leg'lis c. Pleg ' c. If for Account In pl'ito quod reddat ei computum super receptor ' diversor ' bon ' merchandiz ' ipsius Quer ' ad valenc ' leg'lis c. Pleg ' c. If for Covenants broken In pl'ito convention ' fract ' damn ' leg'lis c. Pleg ' c. If in Debt at the Chamberlains Suit J. F. Defend ' versus T. P. Mil ' Camerar ' Civitatis London Quer ' in pl'ito deb'ti super dem ' leg'lis c. Pleg ' c. If in Debt upon a Penal Statute R. G. Defend ' versus W. B. Qui tam pro Domino Rege quam pro seipso in hac parte sequitur in pl'ito deb'ti super dem ' leg'lis c. Pleg ' c. When your Action is thus entered by the Attorney or his Clerk you must not imploy any of the Sheriffs Officers to Arrest the Defendant but give your Action or a Note thereof to one of the Serjeants at Mace belonging to the Major and Aldermen There is six Serjeants belonging to this Court who are men of good Estates and do not belong to either of the Sheriffs Most of them attend daily at the Attorneys Offices and one of them is constantly attending at the Lord Majors House If you give any of them a Note of your Action he will Arrest the Defendant and in case such Defendant cannot find Bayl the Officer will carry him to one of the Compters that being the Prison as well for this Court as the Sheriffs Court which Imprisonment and the Cause thereof is constantly Recorded in a Publick Book called the Book of Impri by the Attorney that entred the Action But if the Party arrested find Bayl the eldest of the four Attorneys must take the same he being Clerk of the Bayl 's and in Case he shall take in sufficient Bayl and the Defendant do abscond the Plaintiff may after he hath a Judgment for his Debt or Damages compel the Clerk of the Bails to pay the same Debt or Damages by Petition to the Court of Aldermen or to Mr. Recorder An Action entered in this Court will remain in force for ever although no proceedings be had thereupon whereas an Action entered at either of the Compters dies and may be crossed after sixteen weeks And the Charge of entering an Action in this Court is but 4 d. besides the King's Duty An Action commenced in this Court may be brought to a Trial for 30 s. Charge and in fourteen days time whereas in the Sheriffs Court they require more time and much more money as those that have had occasion know by experience If there happen to be six weeks time between the putting in Bayl to an Action in this Court and the time of the Defendants Plea in such Case the Defendant cannot remove the same Action or Suit into any other Court Note That an Action commenced in this Court cannot be removed into the Sheriffs Court but an Action commenced in the Sheriffs Court may be removed into this Court either by the Plaintiff or Defendant at any time before a Jury is sworn to try the Cause The manner of removing such Action is set forth hereafter If any man that is not a Freeman of London keep any Shop inward or outward within the City or Liberty for the Sale of any Goods or Wares by Retail he forfeits 5 l. for every day and an Action of Debt lies against him for the same in this Court in the Name of the Chamberlain of London for the time being pursuant to an Act of Common Councel made in the-Majoralty of Sir Leonard Halliday Knight which Act is as followeth WHere by the ancient Charters Customs Franchises and Liberties of the City of London confirmed by sundry Acts of Parliament no person not being free of the City of London may or ought to sell or put to sale any Wares or Merchandizes within the said City or the Liberties of the same by Retail or keep any open or inward Shop or other inward place or room for shew sale or putting to sale of any wares or merchandizing or for use of any Art Trade or Occupation Mystery or Handicraft within the same And whereas also Edward sometime King of England of famous memory the third of that name by his Charter made and granted to the said City in the Fifteenth year of his Reign confirmed also by Parliament amongst other things granted That if any customs in the said City before that time obtained and used were in any part hard or defective or any thing in the same City newly arising where remedy before that time was not ordained should need amendment the Major and Aldermen of the said City and their Successors with the assent of the Commonalty of the same City might put and ordain thereunto fit remedy as often as that should seem expedient unto them So that such Ordinance should be profitable to the King for the profit of the Citizens and other his People repairing to the said City and agreeable to reason And whereas by force of the said Customs Franchises and Liberties and of the Charter last aforementioned confirmed as is afore specified by Parliament The Lord Major Aldermen and Commons of the said City did the twelfth day of October in the third year of the Reign of Edward sometime King of England the fourth as a thing thought fit and convenient for that time amongst other things agree and ordain that the Basket-makers Goldwire-drawers and other Forreigners contrary to the Liberty of the said City holding open Shops in divers places of the City and using Mysteries within the said City should not from thenceforth hold Shops within the Liberty of the City aforesaid But if they would hold any Shop or dwell in the same City they should dwell at Blanchappleton and there hold Shops so as they might have sufficient dwelling there And whereas the Lord Major Aldermen and Commons of the same City did afterwards the Sixteenth day of May in the Seventeenth year of the Reign of our late Sovereign Lord of famous

yet have owed or do detain from C. in in the Bill original and Attachment aforesaid the Defendant named any part thereof the said Sum of so as aforesaid nor any penny thereof in manner and form as the Plaintiff by his Bill Original and Attachment aforesaid hath supposed So God you help But if the Plaintiff hath two Witnesses that will swear the Garnishee had Moneys in his hands when the Attachment was made he must cause their Depositions to be taken by the Town-Clerk or his Deputy and that will stop the Garnishee from waging his Law and force him to plead to the Country in case their Depositions be full If A. be indebted to B. in 20 l. by Bill or Note payable at Six Months or more in such case you cannot enter an Action against A. till the Money is due But if B. shall be indebted to C. in any some of Moneys C. may so soon as the Bill or Note is given to B. by A. cause an Attachment to be made in the hands of A. as the Moneys of B. and if A. appear he shall be forced to give Bail within two days after his Appearance to have his Body forth coming or pay what Moneys shall be found in his hands And until A. hath given Bail he shall not be admitted to plead to the Attachment and if he neglect to give Bail Judgment will be entred against him for the Money attached But in this case after A. hath put in Bail he must plead that it is true he hath so much Moneys in his hands but that the same is not due nor payable to B. the Defendant till a certain time to come C. the Plaintiff shall have Judgment presently against A. the Garnishee for the Money attached but Execution shall not be awarded for the Money when it becomes due according to the time mentioned in the Plea If A. shall be indebted to B. in a Sum of Money for Goods bought a Verbal agreement only to pay for them at a time to come and an Attachment shall be made in the hands of A. for the Money before the time agreed for payment thereof shall be elapsed in such case A. the Garnishee may plead the same Plea as above and shall not be compelled to pay the Money till it became due by the Agreement but the Plaintiff shall have Judgment presently And if the Defendant in an Attachment after satisfaction acknowledged upon Record shall bring an Action against the Garnishee for the Money so attached the Garnishee may in such case plead the General Issue and give the Attachment in evidence but must at the same time prove the Debt to be a just Debt for which the Money was condemned and the Courts above have always allowed it as good Evidence against the Plaintiff in the Action If R. D. ows Money to L. C. and absconds and happens to leave Goods in a House or Warehouse locked up and no person in the House or Warehouse in such case L. C. may sequester the House or Warehouse and the Goods and Chattels therein contained in 6 days time may condemn the Goods the manner of making a Sequestration is as followeth L. C. must enter an Action of Debt against R. D. with one of the four Attorneys of this Court and then one of the Officers of this Court must go to the same House or Ware-house and say these words I Do sequester this Warehouse and the Goods and Chattels therein contained as the proper Warehouse Goods and Chattels of R. D. to answer L. C. in a Plea of Debt upon demand of 100 l. And then must put a Padlock upon the Door of the House and set a Seal upon the Key-hole After four Court days passed which is usually in four days the Officer will receive a Precept to open the Warehouse and cause the Goods therein to be Inventry'd and Apprais'd by any two Freemen and the Appraisors must set their Names or Marks to the same Inventory and come to the next Court and there take the Oath following The Oath to be taken by the Appraisors YOU and either of you shall swear that the Appraisement you have made of the Goods and Chattels in this Schedule or Inventory specified whereunto you have subscribed your Names is a just and true Valuation and Appraisement of the same Goods and Chattels according to the best of your Iudgments and Skills So help you God The same Court-day that the Appraisors are sworn the Plaintiff may have Judgment and Execution for the Goods bringing two sufficient Sureties who will enter into a Recognizance to this effect viz. That if the Defendant R. D. shall come into Court within a year and a day and disprove or avoid the Debt demanded by L. C. that then L. C. shall restore the Goods or the value thereof to R.D. or else that they will do it for him The manner for a Defendant in an Attachment to disprove or avoid any Debt demanded is as followeth The Defendant must either render his Body to Prison or give Security to pay the Debt demanded and then may bring a Scire facias which is called a Scire facias ad disprobandum debitum and the Plaintiff in the Attachment must be summoned to appear and plead thereunto and after the Plaintiff hath pleaded if the Debt demanded be not a Debt due by Bond Bill or Specialty under Hand and Seal the Defendant may wage his Law and thereby discharge himself of the Money demanded by the Plaintiff which must be done in Court as followeth I R. D. do swear that upon the day of naming the day the Action was entered I did not owe nor detain nor as yet do owe or detain from L. C. the Plaintiff the sum of xxxl nor any part or parcel thereof in manner and form as the Plaintiff by his Bill original hath supposed So help me God And if the Defendant be a Freeman of London he must have six Compurgators who will swear that they believe in their Consciences that what the Defendant swears is true But if the Defendant be not a Freeman of London then two Compurgators will be sufficient If the Defendant shall not think fit to wage his Law but will put the Plaintiff to prove his Debt he must in such case plead that he owes nothing to the Plaintiff an issuable Plea And in case the Plaintiff fail to prove his Debt a Verdict and Judgment will pass against him for restitution of the Money or value of the Goods attached and condemned And if the Plaintiff in the Attachment shall in such case be taken in Execution and shall be unable or unwilling to restore the Money his Security or Pledges that he gave when the Money was condemned will be compelled to pay the Money for the Sureties cannot discharge themselves by rendring the Plaintiff body to Prison But if the Plaintiff prove his Debt the Verdict will pass for the Plaintiff in the Attachment and then Judgment will be