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	debt_n	plaintiff_n	1,904	5	10.0095	5	false

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

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

moiety of the overplus shall go towards the payment of his Debts for which he remains in Execution the other Moiety shall be paid to the hauds of the said Prisoner the said Moieties to be distributed accordingly by the two next Iustices of the Peace And be it further Enacted That after any person shall by virtue of this Act have continued at any Workhouse by the space of Two years he is then to be Discharged from his Imprisonment and enjoy the full Benefit of this Law And be it Enacted That any Iudge of such Court whereto such Debtor is a Prisoner or the two next Iustices of the Peace to such Workhouse shall and may have power to commit such Debtor being brought before him or them by Habeas Corpus or Order under the Hands and Seals of two such Iustices unto any Workhouse within the County where such Prison is there to remain according to this Act. Provided always and be it Enacted That if any Prisoner that shall be Released by virtue of this Act shall at any time afterwards be found or suspected by any of his Creditors to have in ready Money Goods or Chattels in his own hands and possession or in the hands of any others to his or her use or in Trust for him or her in value over and above what he or she is allowed by this or the said former Act to have other then such Goods in his Shop or Work-house as he shall have been Credited or Trusted with since the time of his Discharge and for what he shall be really Indebted at the time of his making such Oath and he or she will not or do not upon convenient Demand pay his or her Debt or Debts therewith as far as the same will reach That then and in such case at the Request of any Creditor the said Oath shall be tendred to him or her again by any Iustice of the Peace in this Act before Impowered to Administer the said Oath for Discharge or Prisoners or by any Iudge of the Court wherein there is Iudgment against him which he or she refusing to take shall be Remanded to Prison in Execution for such Debt or Debts Any thing in this Act to the contrary notwithstanding Provided also That this Act shall not extend to any person or persons in Execution for any Fine on him or her Imposed for any Offence committed before the said Nine and twentieth day of May One thousand six hundred seventy and eight Provided that such person or persons as is or are detained in Prison upon any Mean Process if it shall be desired by any Creditor before any Iustice of the Peace to whom such Prisoner hath applied for his Discharge shall forthwith give a Warrant to some Attorney to Appear or File common Bail for him or them in the Court out of which the said Mean-Process Issued and to receive a Declaration at the Plaintiffs Suit and that such Prisoner shall thereupon have the full Benefit of this Law as to the Liberty of his Person against his said Imprisonment upon the said Mean Process and against any Iudgment or Execution that shall be had against him in that Suit and against any other Suit that shall be brought against him for the same Matter or Cause of Action to all intents and purposes as fully and beneficially as if he had been Charged in Execution at the said Plaintiffs Suit before the Nine and twentieth of May One thousand six hundred seventy and eight but such Prisoner upon Mean-Process shall in case of his refusal to give such Warrant of Attorney lose the whole Benefit of this Law Provided always That no Merchant Stranger or other Alien or Foreigner that hath been Arrested and is in Prison on any Action or Suit for or by reason of any Debt or other Engagement Contracted or Entred into beyond the Seas shall have any Benefit by this Act but that all and every such Merchant Stranger or other Alien or Foreigner shall and may be detained in Prison and proceeded against as it this Act had never been made Provided always That no Prisoner shall be Discharged by virtue of this Act until he shall before the Iustices of the Peace who are by this Act Impowered to Discharge him Declare upon his Corporal Oath which Oath the said Iustices are hereby appointed to Administer what Effects are belonging to him or what Debt or Debts are then owing to him within any of His Majesties Dominions or elsewhere and by whom and for what Cause and upon what Security of all which a Schedule shall be made in the presence of such Iustices and Subscribed by the Prisoner and shall be by such Iustices Returned to the next Sessions there to be kept for the better Information of the Creditors of such Prisoner who or such of them as will joyn may thereupon Sue for such Debts or so much thereof as will reasonably satisfie them in the name of the Prisoner and after the same Recovered and Received to render the overplus their own Debts and Charges first deducted to the Prisoner Provided always and to deter all persons who are by the Charitable intention of this Act to be Relieved from abusing the Favour hereby to them intended That if any person who shall in pursuance of this Act take this Oath for any of the purposes hereby appointed shall Forswear or Perjure himself Then such person being thereof lawfully Convicted shall beyond and over and above the Penalties which may by the Law now in being be Indicted suffer Imprisonment for the space of Seven years without Bail or Mainprise FINIS