Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	defendant_n	move_v	plaintiff_n	2,308	5	10.1144	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A93109	Of corporations, fraternities, and guilds. Or, a discourse, wherein the learning of the law touching bodies-politique is unfolded, shewing the use and necessity of that invention, the antiquity, various kinds, order and government of the same. Necessary to be known not only of all members and dependants of such bodies; but of all the professours of our common law. With forms and presidents, of charters of corporation. / By William Shepheard, serjeant at law.	Sheppard, William, d. 1675?	1659 (1659)	Wing S3195; Thomason E1912_2; ESTC R203559	65,245	193

the Plaisterers This was resolved by the Court to be a good Ordinance for it is for the ordering and not the destruction of Trade For for any thing appeareth it is indifferent to which of the Trades it doth belong and so the Ordinance doth but determine the Question amongst the Companies But if the dawbing with Lyme and Hair belong to the Bricklayers then by the Chief Justice it is otherwise Goodyer brought an Action of B. R. 21 Iac. Trespasse for an Assault and Battery and wounding of his Servant and taking 12 platelocks against Shaw The Defendant Shaw pleaded not culpable to the Assault and Battery and Wounding and as to the taking away of the Locks he pleaded a speciall Plea of Justification by vertue of Letters Patents of Incorporation granted to the Locksmiths of Durham by Cutbert Bishop of Durham who had Iura Regalia within the County Palatine of Durham and that by vertue of this Charter the Locks being not good he as Warden of the Company did take them To this Plea the Plaintiff demurred and for cause it was shewed that it appears not by the Plea that the Blacksmiths are a Corporation created by the Bishop but onely that the Customes used amongst them in order to the Regulating of their Trade were confirmed by the Bishop which doth not make them a Corporation Plow F. 199. Longquint F. 40. 41. 2. It doth not appear by the Charter that they have any Authority to take away ill-made Locks and therefore Judgment was prayed for the Plaintiff Rolls Chief Justice said That here doth not appear any Order made by the Corporation to take away the Locks and therefore it was done without Warrant though the Corporation had such a power But besides it will be very hard to maintain the Lock-smiths to be a Corporation because the Bishop confirmed their Orders Therefore let the Plaintiff have his Judgment Nisi Stile 's Reports 298. The Corporation of St. Albons when the Term was to be there rated all the Inhabitants and Burgesses a small summe to build Courts and Ordained That if any Burgesse refused he should be Imprisoned And it was adjudged to be nought But resolved That they might Coo. 5. 64 have inflicted a reasonable penalty and appointed it to be levied by distresse or that an Action of Debt might be had for it A By-law was made to this purpose That Commodities be sould on the Marketday in publick and not in private and secret it seems is good and no Prescription against it shall be admitted good For in London this Ordinance was made That if any Citizen Freeman or Coo. 51. 62. Stranger within the said City shall put any Broad-cloath to sale within the City of London before it be brought to Blackwell-Hall to be viewed and searched so that it may appear to be vendible and before there be a penny paid for hallage for every cloath that he shall forseit for every cloath 6 s. 8. d. and that the Chamberlain shall have his Action of Debt for it was adjudged good here And there it is said That the Assessing of a small summe by an Ordinance when it is for the publike good and not the private gain of the place where the stranger hath more profit then losse is good And so perhaps a small summe for Ponrage Murage or Toll may be put where it is more benefit than losse to the people But Quere of this and see 13 H. 4. 14. 44 Ed. 3. 19. 8 Ed. 2. Tit. Assise 21 Ed. 4. 54. 11 H. 7. 13. 21 H. 7. 21. 40. Robert Norris and Thomas Trussells Wardens and the Society of Weavers in the Burrough of Newberry in the County of Berkshire brought an Action of Debt for five pounds against Iohn Stapes and declared That Queen Eliz. by her Letters Parents 14 Octob. An. 44. at ●he request of the Inhabitants there using the Art of Weaving and to the intent that Corruption therein might be taken away and avoided c. did grant to all Weavers within the said Town to be a Body Politick by the name of the Wardens and Society c. as before and to have perpetuall Succession and a power to purchase to plead and to be Impleaded And also power to make Lawes and Ordinances agreeable to Reason and not in any wise contrary and repugnant to the Lawes and Statures of the Realm for the well government of the Society Apprentices and Servants and all using the Trade of Weaving or selling any thing thereto belonging within the same Burrough And power to inflict punishment by Imprisonment Fine or Amercement upon the offenders And Granted further That the said Wardens and Society shall have the survey of those Lawes and the benefit of the Forfeitures And that no other person born within or without the said Burrough shall exercise the Art of Weaving within the said Burrough if he shall not be admitted thereto by the Wardens and Society And they recite the Act of 19 H. 7. Cap. 7. of not putting of any Law or Ordinance in execution before it shall be allowed by the Lord Chancellor Treasurer and two Chief Justices or three of them or before both the Justices of Assize in their Circuits upon pain of forfeiting fourty pounds And shews that one Cuthbert Goodwin and Iohn Hame Wardens of the said Society with the greater part of the said Society I Maii. 45 Eliz. at the Guild Hall within the said Burrough made divers Lawes and Ordinances for the better Government of Weavers And that the 18 Novemb. 1. Iac. the said Orders were confirmed by the Lord Chancellor Lord Treasurer and Lord Anderson one of the Chief Justices among which one was That none should use the Art of Weaving within the said Burrough or should have any Loom in his house or possession to have any benefit thereby unlesse he had been an Apprentice to the said Art within the said Burrough for the space and term of seven years or had used the said Art within the said Burrough for five years before the making of the said Ordinance or shall be admitted thereto by the Wardens and Society upon pain of forfeiture for every moneth twenty shillings And they further shew That after the said Ordinance made and confirmed the Defendant such a day before his inhabiting in the said Burrough and after such a day that one William Goodwin being then Warden of the Weavers gave notice to the Defendant of the said Ordinance And that he afterwards c. during five moneths continued using the said Trade there And that he had two Looms in his possession where he had not been an Apprentice nor used the said Art for five years as before c. by which he forfeited to them five pounds viz. for every moneth twenty shillings The Defendant pleaded Nil debet and after Verdict for the Plaintiff it was moved in Arrest of Judgment that this Ordinance was not reasonable And upon Arguments and Conference without Arguments at the Bench it

was agreed That the Ordinance was against Law and Judgment against the Plaintiffs And Lord Hobbart in Hil. 15 Iac. declared that we were all of opinion that Judgment should be given against the Plaintiffs And he repeated the Case and the reasons of this Judgment because the Ordinance was That none should use the Trade of Weaving nor have any Loom in the Town unlesse he had served c. before the making of this Ordinance so that all Apprentices which serve after shall be excluded unlesse they shall be admitted by them which is unreasonable And the Plaintiffs do not convey to themselves any good Title to be Wardens But as to the principal point of making such a restraining Ordinance the Court did not deliver any opinion The City of London made a By-Law That none of such a Trade should take to his Apprentice the son of an Alien And if he did That the Obligations and Covenants made between them should be void It was adjudged a void Order and that the Covenants and bonds of binding that Apprentice were good Dogrell vers Powks Trin. 37. Eliz. The President and Censors of the Colledg of Physitians in London by colour of Letters Patents of H. 8. and 1. M. Fined and Imprisoned Doctor Bonham for practising of Physick in London without their allowance the Fine to be paid to them and for contempt made to the Colledg Whereupon he brings an Action of false Imprisonment And it was adjudged for him And in this Case resolved 1. That in this Case they have no power to punish by Fine and Imprisonment those who practise without their License but those practisers who mis-administer Physick 2. Admitting they have power given them yet they have not pursued it according to the Statute and Patent Coo. 8. 14. Doctor Bonham's Case An Ordinance made by any Masters Wardens or Fellowships of any Crafts or Rulers of Guilds or Fraternities That every Apprentice shall pay at his first Entry into the Common-Hall into the Wardens of the same Fellowship for his Entry into the Fellowship above two shillings six pence or for his Entry when his Term is expired above three shillings four pence is against Law by the Statures of 19 H. 7. 7. 22 H. 8. 4. 28 H. 8. 5. So an Order that they shall not set up after they have served their time and are Free-men or open any Shop House or Cellar or occupy as Free-men without the Agreement or Licence of the Master Warden or Fellowships of the Company This Ordinance is void by the Statute of 28 H. 8. chap. 5. So that every such Apprentice shall make Oath or enter into Bond to the Warden c. not to set up shop otherwise Stat. 28 H. 8. 8. It seems then by these Cases That if a By-law be made by Victuallers Incorporate and by Compact not to sell their Victualls but at certain prices or if the Corporation be of Artificers Workmen or Labourers And they conspire and make a By-law to work to such a proportion or such a Rate that this is void Stat. 2. and 3 Ed. 6. 15. So an Ordinate to restrain Masons Carpenters Brick-layers Plaisterers Joyners Hardewers Sawyers Tylers Paviers Glasiers Lyme-burners Brick-makers Tile-makers Plummers or Labourers Strangers that are not Free-men there to work in the place except it be in the City of London is not good Stat. 2 3 Ed. 6. 25. But Ordinances made upon pursuance of the power they have by divers Acts of Parliament as about Victuallers the Assise thereof Gauging of Barrels Maulsters and the like these being wisely penned may be good So such as are made for the Order and Government which is for the furtherance and Increase of Trade may be good Coo. 5. 63. SECT IX Some other general Rules needfull to be known about a Corporation A Corporation is a Body onely in consideration of The Nature and capacity of it Law and not like to a naturall Body for it cannot commit Treason be Out-Law'd Excommunicate appear in person in a Court be Sworn Dye and other such like Acts which a natural body may do yet may it give and grant have and take sue and be Sued Coo. 10. Suttons Hospitals Case 2. The Members of a Corporation have a double Capacity for they retain as their naturall Bodies so the naturall capacity thereof still to do and be done unto have and enjoy in that capacity as they did before they were Members of the Corporation The capacity of the single Members of it And so they may dispose of that Estate they have in their natural Capacity as they did before And if such a Member dye seized of Land it will go to his heir if possessed of Goods and Chattells they will go to his Executors or Administrators and not to the Corporation And as they are Incorporate Double Capacity with the rest of the Corporation they are in another capacity so that if they have any Lands Goods or Chattels with the Corporation they alone cannot dispose of it And if they dye it will not go to their Heirs or Executors but to the Corporation And so they may still do suffer or be done unto in either of these capacities Yea in a diverse capacity they may act under the same Corporation so one Member of the Corporation in his naturall capacity may be a Bayliff or Atturney may make a demand of Rent or Entry into Land for the same Corporation whereof he is part Yea a Grant or Lease made by the Corporation in the Politick capacity to one of the members thereof in his naturall capacity is good Yea if any one of the members of a Corporation be seized of land in his own right and in his naturall capacity he may make a Feoffment of this land to the same Corporation whereof he is a member And so a man in a diverse capacity may both give and take at once 10 H. 7. 16. 5 H. 7. 26. Broo. Corp. 4. Perk. 11. 2. A Corporation cannot be How to be known without a lawfull commencement it hath a common Seal and the head or heads thereof is or are commonly eligible and not presentable Dyer 81. 4. One Corporation cannot make another and yet many lesser Corporations may be made One Corporation cannot make another Corporation within a greater as in London and other Cities Broo. Corporations 45 46. 5. A Corporation may change its name and continue good and Change its Name it may perhaps have two names given it the one after the other but if it buy or sell sue or be sued it is best to be done by the new name And yet perhaps it may be good enough by the one or by the other name Broo. cap. 3. 6. The Head alone without How it may act the Members or the Members alone without the head of a Corporation aggregate regularly cannot act any thing about the disposall of the revenues of their Corporation especially in that wherein there may