Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	court_n	plaintiff_n	verdict_n	1,622	5	10.9552	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A76259	A help to magistrates, and ministers of justice, also a guide to parish and ward-officers. : Containing, 1. Plain directions for justices of the peace ... 2. To their clerks in drawing forms of warrants, and other necessary writings. 3. A help to grand and petty juries. 4. Penalties upon forestallers ... 5. The rates of servants wages ... 6. Some directions to coroners and their inquests ... 7. Customs ... peculiar to the city of London in privileges, law-matters ... 8. The office and duty of a high constable ... 9. The office and duty of churchwardens and sidesmen. 10. The office and duty of the overseers of the poor. 11. The office and duty of toll-keepers and fair-keepers. 12. The office and duty of surveyors of highways, scavengers, &c.	P. B., Gent.	1700 (1700)	Wing B150A; ESTC R172533	117,286	226

none come within the Year to make Claim that then they shall be Appraised for the Duty and there a feme sole Merchant may be Sued without her Husband as has been said before and every one in London claims to have a Market in his Shop and his Shop is his Market for such Goods as belong to his Trade either in Buying or Selling. As if a Goldsmith buy Stolen Plate in his Shop openly not knowing it to be Stole and give for it a Lawful Marketable Price he may maintain it but if he buy it in an Ale-house or any other Tradesman's Shop or in the Street the Case is altered it is Unlawful buying not in the proper Market Sequestration by Custom of London By the Custom of London in an Action of Debt the Defendant shall have four Defaults and if he cannot be found but hath shut up his Shop and is gone a Precept shall be to the Sergeant at the Plaintiffs Request to Sequester the Goods of his House 11 Hen. 7. 2 P. 2. Contribution Debt was upon the Custom in London because the Plaintiff and 3 others were bound joyntly and severally in one Bond and one Pays all the Debt or part or the whole is recovered against him he may have an Action of Debt for Partition against the other Obligors Enter 1660. Debts under 40 s. in London Every Citizen and Freemen of London and every other Person Inhabiting or that shall Inhabit within the City of London and Liberties thereof being a Tradesman Victualer or Labouring-man which have or shall have any Debts owing to him or them not amounting to 40 s. by any Citizen or Freeman or by any other Person or Persons being a Victualer Tradesman or Labouring-man Inhabiting within the the said City or Liberties thereof should or might cause such Debtor or Debtors to be Warned to appear before the Commissioners of the Court of Request in Guild-hall and the said Commissioners or any 3 or more of them shall have Power to set down such Orders between Plaintiff and Defendant Creditor and Debtor touching such Debts not amounting to 40 s. as they shall find to stand with Equity and good Conscience And also the said Commissioners or any 3 or more of them have Power to Administer an Oath to the Creditor or Debtor and to such Witnesses as shall be produced on either part and also to commit to Prison in one of the Compters such Creditor or Debtor as shall not appear upon lawful Summons or not perform such Order as the said Commissioners or any 3 or more of them shall set 1 Jacobi 1. 3 Jacobi 1. the first Act being strengthened by the latter and by it the Court of Requests commonly called the Court of Conscience is Established to this Day happy for the poorer sort keeping them from many Misfortunes that would else befal them to the farther filling and crouding the Goals by Strifeful Vexations for small and trivial Matters were not this Court a Bar to restrain them to the great Ease and Security of poor people It is held before the Commissioners at the East end of the Guild-hall Wednesday and Saturday Weekly beginning usually about 11 in the Morning and sometimes if Business require it it may be sooner CHAP. XXXIX Marking a Cause in the Mayor's Court after a Verdict given in the Sherriffs Court to be done THere is a Practice in London called Marking a Cause before the Lord Mayor which is after a Verdict given in the Sheriffs Court for the Plaintiff in this Case the Defendant is to get the Cause mark'd before the Lord Mayor's Court and is like an Injunction in the Chancery to stay Judgment and Execution until the Matter be Examined in Equity where the Lord Mayor doth oftentimes if Cause be Mitigate the Damages or give the Defendant time to pay it Other Customs in London in this Court c. The Custom of London is if a Plaint of Debt be entred in the Sheriffs Court upon Suggestion of any of the Parties the Lord Mayor may send for both of them and Examine them upon the Truth of the Matter before Judgment and if he find that the Party is satisfied so much of it he may bar him but not after Judgment 10 Hen. 6. Chap. 14 15. Where he in the Reversion upon a Lease for a Year is impleaded of Lands in London and makes Default the Lord Mayor is to enquire by Neighbours in the presence of the Termor and Demandant whether the Plea be moved by a good Right or by Fraud to make the Termor to lose his Term and if it be found upon a good Right the Demandant shall have Judgment presently and if not the Termor shall have his Term and the Execution of the Judgment shall be suspended Stat. Glouc. Chap. 11. Deceit 1. Of Foreign Attachments c. By the Custom of London one may Detach either Money or Goods of the Defendants either in the Plaintiffs own hands or in the Custody of a third Person in either the Mayor or Sheriffs Courts and there if the Defendant appear not the Goods or Money may be Condemn'd The Attachment is entered in the Office as Actions are but with this Difference they enter the hour of the day when the Attachment is made for if many Attachments be made and come against one Man's Goods the first is first served He whose Goods are attached in another Man's hands may come and offer himself to Prison or put in Bail and dissolve the Attachment and after have a Writ of Priviledge though he render himself to Prison gratis because he was is there by Virtue of a Plaint But the Plaintiff may have a new Plaint against the Defendant and attach him by his Goods and then the Defendant may remove it by Certiorari and when the second Plaint is removed to the Common-Pleas the Justices shall Examine if the Goods were attached for Costs of Suit and then the Defendant may be discharged but if it be found by Oath that they were attached for Merchandizes or for any Cause than before it shall be Remanded But if the Party were in Execution in London and afterward Suit is commenc'd in the Common-Pleas A Writ shall go to the Mayor and Sheriff to have the Prisoner there and make an Attorney and then he shall be sent back but if he were impleaded in the Common-Pleas and afterwards Arrested in London and the Mayor's Court send for the Party he shall be Discharged of the Suit in London by the Priviledge of the Mayor's Court M. 38. Hen. 6.12 P. 2. When an Attatchment is made in the Hands of a third Person there after a Default the Defendant within a Year and a Day may put in Sureties to Answer the Plaintiff the Duty or may render his Body to Prison if he cannot find Sureties and therefore in a Writ of Priviledge after he had yielded his Body to Prison he was Bailed because the yielding his Body to Prison was after the Su●t in the

supradictis ☞ Note that none of these Releases will discharge the Recognizance or Appearance of the Party bound thereby but that he must appear according to the Condition of the Recognizance for the Safe-guard of his said Recognizance Brief Directions or Helps to Gentlemen of the Grand and Petty Juries whereby those that are not used to be on Juries may inform them in many Material Things concerning the Weighty Trust reposed on them in discharge of their Duty CHAP. XXVI Somewhat of the Antiquity of Juries What things they must consider and how they ought to be Qualified to be Jurors IN this useful Book promising to say somewhat of Grand and Petty Juries to give those an Insight into what they ought to know who take so great a Trust upon them when sworn Jurors to enquire c. The Tryal by Juries is very ancient in this Kingdom and it is our Happiness above other Nations that a Man has so great a Benefit to be Tryed by his Equals Men unprejudiced and unbyassed to deliberate upon Hearing the Evidence and Weighing in their Consciences the Merit of the Cause This way in some degree was not unknown to the ancient Britains as by some of their Books and Monuments of Antiquity appears and we find it practised by the Saxons as Mr. Lambert makes Remarks in King Ethelred's Laws Page 118. and Cook 1 part Institutes Folio 155. and since more amply confirmed after the Norman Conquest by Magna Charta Every Day growing more and more in Esteem because no Man's Life unless it be in Parliament which is a Supream Court and is supposed will never do any Man wrong shall be touched for any Crime whatsoever but upon being found Guilty on two several Tryals for so may that of the Grand and Petty Jury be rightly termed and the Judgment of twice Twelve Men at least all of his own Condition viz. 12. or more to find the Bill against him and 12 more to find him Guilty or Acquit him on the General Issue All which Jurors ought to be Substantial Honest and Impartial Men being Neighbours of the Party Accused or supposed Place where the Fact was committed A Jury in this Case upon hearing the Evidence must be fully satisfied in their Consciences that the Party is guilty and so unanimously pronounce him upon their Oaths or else he may not be condemned for the Office and Power of these Juries is Judicial from whose Sentence the Indictment is to be valid or invalid or to speak plainer the Party Indicted to be found Guilty or Acquitted for from their Verdict there lies no Appeal As for the Qualifications of such as are to be upon Juries the Law has provided that they shall be Persons of Honesty Ability Integrity and Indifferency and Coke in the first part of his Institutes Sect. 234. Folio 155. says that a Juror must be Liber Homo not only a Freeman not bound but one that has such Freedom of Mind that he stands indifferent Sworn as he stands unsworn that he must be Legalis Lawful and by the Law these Properties are required in a Juror 1. He ought to have his dwelling most near to the place where the Question does arise or is moved 2. He must be most sufficient both in competency of Estate and understanding 3. He ought to be least suspicious viz. be indifferent as he stands unsworn and then He is accounted Liber Legalis Homo otherways it is held he may be challenged and not sworn for the Prisoner may challenge 35 in case of Treason and 20 in Case of Felony without shewing Cause and as many more as he can assign just Cause against In brief Jurors must be free from all manner of Bondage Obligations Affections Relations and Prejudices they must be the Peers or Equals of the Party they are to try and of the full Age of one and Twenty or upwards They were antiently all Knights as you may find it in Glanvil and Bracton and still must be Men of Worth and good Repute and as they are returned by sworn Officers of the Sheriff so they of the Petty Jury are to be sworn severally on every Tryal the better to mind them of their Oath or they to be charged upon their Oath with each Party they are to try CHAP. XXVII Of Indictments Presentments and the difference between them the Oath administred to the Grand Jury and how they ought to enquire c. THough both of them as I have said are Juries yet there is made a small distinction between them in the Title as Grand and Petty Juries The first is so called as it seems because it usually consists of a greater Number than the other as 17 19 21. or the like yet they can make no Verdict or Presentment unless Twelve of them at the least agree and then though the rest consent not it is held sufficient And they are further so called because they generally are of the greater quality and likewise in regard of their Power because their Office is more great and general extending to all Offences throughout the whole County for which the serve as Jurors The Petty Jury commonly called the Jury of Life and Death consisting of 12 Men are all to agree in a Verdict or the Verdict cannot be taken and is no Verdict The Grand Jury or Grand In●uest for so they are often called have Principally two things in their Consideration viz. Indictments and Presentments Indictments are those that are usually drawn up in Form at the instance of the Prosecutor or by the Order of the Courts and then brought before and delivered unto the Grand Jury and the Witnesses Sworn attend them to be Examined by them upon the Oath they have taken and according as they Credit or Discredit the Evidence or find cause they Indorse the Indictment Billa vera or Ignoramus it is a true Bill or we are ignorant the latter concluding the Jury does not find the Matter or there does not upon Evidence appear a sufficient Ground for the Accusation that the Party's Life or Reputation should be brought into Question or Dispute As for a Presentment it is when of their own Knowledge or upon Enquiry the Jury themselves do take Knowledge of a Nusance or Offence to the Injury of the Publick which they think fit to have removed or punished and of which they Inform the Court to that purpose briefly in Writing without Form viz. The Nature of such Offence or Thing and the Persons Name and Place who is the Agriever or where the Nusance is being a Ground and Matter whereon to Form an Indictment the Presentment differing from the Indictment in two Particulars viz. It s not being drawn up in due Form and whereas the Indictment is commonly drawn up by the Order of the Court or the Instance of some Prosecutor as is said The Presentment on the other Hand is always Originally the Act of the Grand Jury The Form of the Oath Administred by the