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
A74352	Die Veneris, 21 Decemb. 1649. The rates of the excize or new-impost, set and imposed by Parliament on the several commodities imported, hereafter mentioned, to be paid and collected from the 21 day of December, 1649.	England and Wales. Parliament.	1649 (1649)	Thomason E1060_75; ESTC R208791; ESTC R208793	8,010	12

AN ACT For Discharging from IMPRISONMENT Poor Prisoners Unable to satisfie their CREDITORS Die Veneris 21 Decembr 1649. ORdered by the Parliament That this Act be forthwith printed and published Hen Scobell Cleric Parliamenti London Printed by John Field for Edward Husband Printer to the Parliament of England 1649. An Act for dischargeing from Imprisonment poor Prisoners unable to satisfie their Creditors BE it Enacted by this present Parliament and by the Authority thereof That if any person who is or shall be on the 21 of Decemb. One thousand six hundred forty and nine in Prison in any County City Town or place within England the Dominion of Wales or the Town of Berwick upon Tweed upon any Execution or any other Process where the cause of Action was originally for Debt or for breach of Promise Contract or Covenant shall by his Petition desire any Iustice of Peace of the County City Town or place wherein he is so Imprisoned to make a warrant in the nature of a Habeas Corpus cum causa under his Hand and Seal to the Sheriff Goaler or Keeper of the said Prison to bring without delay the body of the same Prisoner and return the cause or causes of his Imprisonment before him to the intent that the said Iustice of Peace may administer unto the said Prisoner the Oath herein after mentioned That then the said Iustice of Peace upon such Petition so made shall be authorized and enjoyned by this present Act forthwith to make a warrant under his hand and Seal in the nature of a Writ of Habeas Corpus cum causa to the said Sheriff Goaler or Keeper of such Prisoner returnable at a short day then next following according to the distance of the place to bring the Body of the said Prisoner and to return the cause or causes of his Imprisonment before him And if upon the return of the said Warrant in the nature of a Writ of Habeas Corpus cum Causa it shall appear that the said Prisoner is in Prison for any the causes aforesaid at the Suit of one or more person or persons upon any Execution or Executions or other Process That then the said Iustice of Peace upon the request of the said Prisoner shall and is hereby authorized to administer to the said Prisoner this Oath viz. Mutatis mutandis in respect of the person or persons so taking the same THat Bona side he or she is not worth in Possession Reversion or Remainder of any Estate real or personal except onely the Debts due to him or them from the Parliament for the service of the Commonwealth to the value of five pounds besides necessary wearing Apparel and Bedding for himself wife and children and Tools necessary for his Trade or Occupation not exceeding the value of Five pounds and hath not directly or indirectly sold leased or otherwise conveyed or intrusted his or her Estate or any part thereof thereby to expect any profit benefit or advantage or to deceive or defraud his Creditors And upon the said Prisoners taking or refusing to take the said Oath The said Iustice of Peace is hereby required and enjoyned to remand the Body of the said Prisoner to the Prison from whence he came And in case the said Prisoner shall take the said Oath Then the said Iustice of Peace shall without delay by writing under his Hand and Seal make Certificate or Certificates as well of the said Prisoners taking of the said Oath together with the time and place of the taking thereof as of the said warrant in the nature of a Habeas Corpus with the return thereof unto the Court or Courts from whence the Process or Processes of Execution or Executions issued upon which such prisoner was imprisoned And upon return of the said Certificate or Certificates into the Court or Courts aforesaid the Iudges of the said Court or Courts are hereby authorized enabled and required thereupon to issue out or cause to be issued out four days of course under the Seal or Seals of the said Court or Courts at the suit of the said Prisoner one or more Writ or Writs of Scire facias with a Non omittas propter aliquam libertatem grounded upon the said Certificate or Certificates every of the said Writs to have thirty days at the least between the Teste and the return thereof directed to the Sheriff or Sheriffs of any county or any Major or Bayliff of any City Borough or Town Corporate in England or Wales wherein the party or parties upon whose Action Suit or Prosecution the said Prisoner is imprisoned or his or their Executors or Administrators or some of them respectively shall be supposed to be dwelling and thereby to command the same Sheriff or Shetiffs Bayliff or any other Officer authorized by the Law to give fourteen days warning at the least before the return of the said Writ or Writs to the person of such person or persons at or upon whose Action Suit or Prosecution the said Prisoner is imprisoned or to his or their Executors or Administrators or some of them respectively in case he or they or some of them respectively may be found and in case be or they or some of them respectively cannot be found then to leave a writing under his hand and seal at the least fourteen days before the return of the said Writ or Writs at the dwelling place or places of him them or some of them respectively therein reciting the said Writ or Writs and thereby requiring him or them to appear in the same Court or Courts at the day and place in the said Writ or Writs limited to shew cause according to the purport of the said Writ or Writs wherefore the said Prisoner shall not be inlarged out of Prison according to this Act whereupon the Sheriff or Sheriffs or any other legal Officer shall make his or their return or returns of his doings therein accordingly and if the said Sheriff or Sheriffs or any other legal Officer shall return that he hath warned the said person or persons or left such writing or warning at his or their dwelling place or places according to the command of the said Writ or Writs and if the person or persons so warned or for whom such writing of warning shall be left to appear as is aforesaid shall not at the day or days of the return of the same Writ or Writs appear in person or by his or their Attorney or Attorneys or shall appear and confess the surmise of the said Writ or Writs to be true or if he or they after such apparance shall plead nothing in Bar of the said Writ or Writs and the surmise therein contained or shall not plead thereunto as hereafter is directed and expressed Then and in such case the said Court or Courts shall and are hereby enabled and authorized to give Iudgement by Confession nihil dicit non lum informatus or otherwise as is usual in like cases for the inlarging and

discharging the said Prisoner out of Prison and thereupon to award a Writ unto the Keeper of the said Prisoner for his inlargement and discharge accordingly And in case the said person or persons so warned or for whom such warning shall be left as aforesaid shall appear upon the return of the said Writ or Writs then he or they shall not plead any thing to hinder the inlargement of the said Prisoner other then that the said Prisoner hath a greater Estate real or personal then is expressed in his said Oath or that the said Prisoner hath directly or indirectly conveyed or intrusted his or their Estate or some part thereof expecting to have some benefit or advantage or to deceive or defraud his Creditors or that the said Prisoner hath been in Arms against the Parliament of England or hath adhered to the Forces raised against the same And if he or they shall plead unto the same That the said Prisoner hath a greater Estate real or personal then is expressed in his said Oath or that the said Prisoner hath directly or indirectly conveyed or intrusted his or their Estate or some part thereof expecting to have some benefit or advantage or to deceive or defraud his or her Creditors or that the said Prisoner hath been in Arms against the Parliament of England or hath adhered unto the forces raised against the same Then the said prisoner by his Attorney shall thereunto reply and take issue thereupon and if by verdict of twelve men it shall be found for the prisoner then the said Court shall give Iudgement for the inlarging and discharging of the said Prisoner out of Prison and thereupon award a Writ unto the Keeper of the said Prisoner for his inlargement and discharge accordingly but in case the said Verdict shall be found against the Prisoner then the said Prisoner shall remain and continue in Prison in Execution or otherwise as formerly he did and as if this Act had never been had or made Provided always and be it further Enacted by the Authority aforesaid That all and every such Prisoner and Prisoners as shall desire the benefit of this Act shall be admitted by vertue of this Act to sue out and prosecute all and every the said Writs Warrants Returns and Proceedings beforementioned in forma pauperis Provided also and be it further Enacted by the Authority aforesaid That notwithstanding the discharge of the person of such Prisoner as is aforesaid all and every such Iudgement had or taken against him shall be and stand good and effectual in the Law to all intents and purposes against the Lands Tenements and hereditaments Goods and Chattels of the said Prisoner or Prisoners so discharged as aforesaid and that it shall and may be lawful to and for every Creditor of such Prisoner or Prisoners so discharged as aforesaid his Executors Administrators or Assigns to take out any new Execution against the Lands Tenements Hereditaments Goods and Chattels of such Prisoner or Prisoners this wearing Apparel Bedding for him and his and Tools necessary for his Trade and Occupation not exceeding the value of Five pounds onely excepted for the satisfaction of his or their said debt in such fort maner and form as he or they might have done if the person or persons of such prisoner or prisoners had never been taken in execution Any thing in this Act or any Law Statute Ordinance or Vsage to the contrary in any wise notwithstanding Provided also and be it further Enacted by the Authority aforesaid That if at any time within seven years after the taking of the said Oath the said prisoner or prisoners shall upon any Indictment or Indictments be convicted by his or their own confession or by verdict of twelve men of false swearing in any point or article contained in the said Oath as he or they shall or may be by force of this Act Then such prisoner or prisoners so convicted as aforesaid shall suffer all such pains and forfeitures as by the Statute of Quinto of Queen Elizabeth are to be inflicted upon any person convicted of wilful perjury And also the said Court or Courts by which he or they were discharged shall award a Capias ad satisfaciend ’ satisfaciendum infinite or other Process directed to any Sheriff or Sheriffs for the apprehending of the said prisoner and upon the return of a Cepi Corpus the said Court shall remand the said Prisoner unto the prison from whence he was dismissed there to remain in Execution in such maner and condition as he was before his said inlargement And then and from thenceforth he shall be adjudged to be in Execution as fully as if he had never been discharged thereof and the Execution and Executions upon his Lands Tenements Hereditaments Goods and Chattels if any such shall happen to be after his or their said discharge out of prison and before he shall be so remanded shal stand also good and effectual in Law Any Law Custom or Vsage to the contrary in any wise notwithstanding Hen Scobel Cleric Parliamenti Die Veneris 21 Decemb. 1649. The RATES of the EXCIZE or NEW-IMPOST Set and imposed by Parliament on the several Commodities Imported hereafter mentioned to be Paid and Collected from the 21 day of December 1649.   l. s. d. Resolved upon the Question by the Parliament THat all Tobacco which is not of English Plantations as well already Imported having not paid Excize as hereafter to be Imported shall pay per pound weight Two shillings Excize to be paid by the first Buyer thereof from the Merchant or Importer 00 02 00 Resolved c. That all Tobacco of the English Plantations as well already Imported not having paid Excize as hereafter to be Imported in English Ships or Vessels shall pay Four pence per pound weight to be paid by the first Buyer thereof from the Merchant or Importer 00 00 04 Resolved c. That all Tobacco of the English Plantations as well already imported which hath not paid Excize as hereafter to be imported in Forraign Ships or Vessels shall pay Six pence per pound weight to be paid by the first Buyer thereof from the Merchant or Importer 00 00 06 Resolved c. That all Pepper as well already Imported into this Nation immediately from India which hath not paid the Excize as which shall hereafter be Imported immediately from India shall pay Three pence in the pound weight for Excize to be paid by the first Buyer thereof from the Merchant or Importer 00 00 03 Resolved c. That all Pepper as well already Imported not immediately brought from India which hath not paid Excize as that shall hereafter be Imported being not immediately brought from India shall pay Four pence per pound weight for Excize to be paid by the first Buyer thereof from the Merchant or Importer 00 00 04 Resolved c. That all Refined Sugars double or single in the loaf as well already Imported which hath not paid Excize as which shall