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	plaintiff_n	plead_v	6,492	5	9.1918	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A33187	The City law shewing the customes, franchises, liberties, priviledges and immunities of the famous city of London : together with the names, natures, kinds, jurisdictions, powers, and proceedings of the severall courts within the same : as also the titles, qualities, advantages and profits of the severall offices in London and in whose dispose those offices are.		1658 (1658)	Wing C4354; ESTC R24831	43,516	135

said Offier thereto deputed as well in the said Countors as at Guild-hall and it is the use to award a capias in plain of Debt Accompt Covenant and other Actions personall whatsoever c. Item Action of debt Hee that is so arrested at the suite of the party for Debt or other action personall may finde Sureties in the said Courts or elsewhere before the Sheriffes or their Clarkes thereto deputed to come to the next Court at the said Guild-hall holden before the same Sheriffe before whom the plaint was made upon this condition that if the Defendant come not at the said next Court to keepe his day then he shall be condemned in the debt mentioned in the plaint Saving the Plaintiffe if he be present or may well come in Court shall be examined upon his Oath what summe is cleerly due to him and for what cause more then which is found to be due by examination the Plaintiffe shall recover nothing but his dammages which shall be judged by taxation of the Court or by enquest if need be And if the Defendant cannot be found then shall the main pernors be taken and charged for the Debt and the aforesaid Dammages Item Action of trespasse If there be a plaint of trespasse of battery of goods taken or other personall action where a man ought to recover dammages if the Defendant make default in such case after that he is arrested and hath found sureties as is aforesaid then he shal be judged as convicted and the Plaintiffe shall declare by bill the cause of the suite and the quantity of such dammages and such place And thereupon an enquest of office shall be brought from the same place to taxe the dammages for the Plaintiffe And if the defendant be not to be found the main Pernors shall be charged as afore And if the Court may be truly certified by the same Enquest or by sufficient examination of the Plaintiffe that the Defendant is not culpable in such case the Plaintiffe shall recover nothing notwithstanding the default c. Item When any such main pernors be arrested and committed to prison because the principals are not found yet notwithstanding whensoever the principall may be found and is under arrest at the suit of the maine prenors then the said maine prenors shall be delivered If a man be arrested in a plea of Accompt and finde Sureties to come at his day or if he do not plead to the issue or plead in Judgment and find Snreties to attend untill the suit be determined according to the Custome of the City yet notwithstanding at what houre that the principall Sureties will come into Court then if the Sureties come Auditors shall be assigned to take the Accompt in presence of the Plaintiffe and the main pernors And the Sureties shall be demanded if they know any thing to say in discharge of the Accompt And if the Sureties will not come then the Plaintiffe shall recover his arrearages by examination and his Oath And in the same manner it shall be if the defendant be convict of Accompts by enquest Item Of common Free-men of the City and of those that be resiant in eht same If a plaint be made against any Free-men being sufficient or against another sufficient man and resident within the City such a Defendant shall be summoned by any Sergeant of the Sheriffe to come to Guild-hall to answer to the party Plaintiffe at the Court of Denizens At which Court if he make default he shall be amerced and the grand distresse shall be presently awarded by usage of the City and it shall then be awarded that the dores of the Defendant shall be fastned and ensealed untill he shall come to answer to the party plaintiffe And at every Court of Denizens that he is demanded and comes not he shall lose his issues And if hee breake the sequestration and that be testified in Court by the Sergeant then it shall be awarded that the defend be arrested by his body And if he pay a fine for the contempt and when he is so arrested he shall finde sufficent pledge to come then at the next Court to answer to the party upon a pain limited before the capias is awarded And if such a defend make more delayes and it be testified by the Sergeant that the defendant like to escape a way or is not sufficient then shall be awarded the capias to take his body or to arrest and take his goods And that after the Defendant hath accorded with the plaintiffe there shall be a commandement that the Defendants dore shall be opened and the goods taken and of them to make return at the Court as of forreign attachment Item If any parties come and plead to the Enquest or in Judgment then they shall be ordered according to the usages of the City without any essoyne had as such personall actions before or after Challenges after default And although that such a Defendant that hath pleaded to an Enquest make default after the Enquest be joyned yet notwithstanding if he come afterwards when the Enquest shall be charged he shall have his challenges to the Jurors and shall give his evidences notwithstanding the default Item That when the Enquest is summoned veturned in court the Defendant is not demandable How a Freeman ought to wage his law with seven mens bands After the parties be at issue of enquiry the same parties are not demandable before that the Enquest be summoned but the Enquest may be summoned as well at the suit of the Defendant as at the suit of the plaintiffe And it is to be understood that in a plea of Debt the Defendant may wage his law by usage of the said City that he oweth nothing to the plaintiffe viz. If he be a man in the franchise within the City or resiant within the same City with seven mens hands whereof his own name to be one And such Defendants may make theire Law presently in Court if they have men ready or otherwise shall have day to wage the Law the next Court holden And if the Defendant be a Forreigner Stranger not resiant in the City How a for reigner ought to wage his law with 3 hands he may wage and make his Law presently with three hands his own name being one that he oweth nothing to the plaintiffe and so be quit And if he have not two men ready to make an oath with him This is neither-law nor custome used at this day then the defendant at the request of the plaintiffe ought to go under the custody of a Sergeant of the Court to 6 Churches nearest to Guild-hall and in the same Churches to swear that the oath which he took in Guild-hall was good And then the Defendant shall be brought back to Guild-hall and have his judgment to be quit and the plaintiffe shall be amerced And in the same manner it shal be done in other actions personall where

of the said City and of the merchandizing towne where the contract is supposed to this intent that such merchants may have notice of the same contract Item Of the same The Sheriffes of London have alwaies used to hold pleas before them betweene what merchants soever where both parties are Merchants of all bargaines and personall contracts which touchcing merchandize made beyond Sea at the merchandizing town or place merchandizable where the bargaines and contracts are made by expresse words upon payment or delivery of the merchandize or to render account within the said City of London And in such a case if the parties discend to an issue of Enquest then shal the Enquest be taken of men remayning within the same City viz. of Merchants travelling that use to passe over the Sea which best may have knowledge of the aforesaid bargaines and contracts And if any forraigne Merchant and Alien be party to the plea and such enquest be to be taken then the Merchant Alien shall have the moity of the Enquest of his own Country men Which withdraw them selves out of the City c. Item If a plaint of debt be made and it is testified by the Minister that the defendant is not resiant within the City that he hath absented himself and carryed away his goods And it is testified that he hath lands or tenements within the City then at the pursuit of the plaintiffe the plaintiffe ought to hold them by the same extent untill he be satisfied of his money due unto him finding sureties to uphold the tenements conveniently and also to repay the defendant the money received in the mean time if it be so that the same defendant come in Court of Record within a yeare and a day after the delivery made and can discharge himself that he oweth nothing to the plaintiffe Item Examination in a plea Personall The Sheriffes use to examine the parties in all actions personall depending before them if any of the parties desire the same and to proceed to judgment according as it is found by examination Item Where any personall action is depending before either of the said Sheriffes Of the same and some matter is alledged by the defendant in barre of the action or a thing materiall to delay the plaintiffe And if the plaintiffe puts himself upon the oath of the defendant peremptorily that the plea or the exception given by the same defendant is not true then the said defendant if he be in Court or if he be resiant within the City that he may conveniently come by the discretion of the Court then he shall make his oath that his plea or exception that he hath given is good true And if he come and refuse to make such an oath then he shall be held as convict in the cause and thereupon the plaintiffe shall recover that which lyeth in demand according as it may be found by examination of the plaintiffe or by enquest of office if need be And if he make the oath the plaintiffe shall be outed of his suit or action if he for his part will not swear that the suite or other matter alledged by him is not good and true And if such an oath be required of the plaintiffe and the plaintiffe take the oath he shall recover by the same oath if the exception be materiall and so are such oaths peremptory of the one part and of the other according to the matter of the Exceptions Item Of default after mayn prise If a man be arrested by a plaint of debt or by other personall action and find surety to be ready at the next Court before the Sheriffes to answer to the Party At which Court although the defendant be demanded in convenient time to come and save his maynprise and he make default and the default be recorded yet if the same defendant come sitting the same Court he shall be received to plead saving that in such a case he shall lose the advantage of his Law-wager although he might have had his law if he had come in time Item Of amending Bills Where parties appeare in the Sheriffes Court the usage is that the Plaintiffes may amend their plaints and their Bills before that the said parties be at issue or plead to judgment in Court of Record Item Acton of account In an action of account before the Sheriffes the plaintiffe by usage of the City may not count that the defendant was his Bayliffe in any case but Receiver of his money or of his goods Item An action of account is maintainable by usage against a woman sole and against Infants within age if they be Merchants or if they keepe common shops of trade or of Merchandize And actions of debt in the same manner of that which toucheth their trade or their merchandizes Item Of plaints removed out of the Shrieffes courts Where pleas are depending before the Sheriffs the usage is alwayes that the Mayor of London that is for the time may send to the Sheriffes to cause the complaint and the processe to be brought before him and their Aldermen to determine and discusse the same complaint before them or to send back the said complaint before the same Sheriffes further to proceed in the said processe according to that which the Mayor and Aldermen shall see fitting to be done and to command the Sheriffes to surcease at their wills Item Where the debtor shall be arrested before the day conteined in the obligatio Of fugitives When a debtor is bound within the said city by obligation in a certain summe to pay at a certaine day to come the which debtor was held sufficient at the time when he was bound and after is become fugitive or not sufficient then if the creditor come before the Mayor and Sheriffes of the said City making such a suggestion and hath with him six or foure credible men of the same City that will truly testifie that the debtor will withdraw and convey his goods out of the City or that he is not sufficient to make payment then the Mayor or one of the Sheriffs before whom the suggestion is made useth to arrest the debtor although the day contained within the obligation be not yet come and to keepe the same debtor in prison untill the day of payment be come or otherwise that he shall find pledges to attend at the same day and so to arrest for Houshire before the day Houshire if the tenant be fugitive Item To arrest a debtor without a sergeant If a Freeman of the City find his debtor suddenly within the same City which debtor hath absented himself before or that he be sugitive and the which debtor will escape away before that the creditor can have an officer the usage is in such a case that the Freeman himselfe with ayd of his neighbors without other officer may arrest his debtor and carry him to the office of one of

against the vouches by law of the said City then the Record shall be made come before the Justices of the Common-Pleas at the suit of the Demandant and there processe shall be made against the vouchee and when the voucher shall be ended in the said Bench then shall all the plea be sent back again to the Hasting there to proceed in the plea according to the custome of the City and according to that which is fully contained in certain Statutes And also if the Tenants in such writs plead in barre by a release bearing date in a forraign County or plead other forraign matter which may not be tryed within the said City then the Demandant shall bring the processe into the Kings Bench for to try the said matter as it is alledged and according as it is found the plea shall be sent backe againe into the Husting there further to proceed according as the case requires and all the same time the plea shall cease in the Husting in manner as it is done at this day And also it hath been used heretofore that a man might sue in the Husting of plea of Lands for to have Execution out of certain Judgments given in the Husting and that by Bill in the nature of a scire face without Writ And it is to be understood that the summons which are made to the tenants in such writs of Right may be made two or three dayes before the said Husting or the morrow next before the said Husting In the Hustings of Common-pleas are pleadable Writs Awrit of exgravi qurelea called Ex gravi querela for to have execution of the tenements out of the Testaments which are inrolled in the Hustings Writs of Dower unde nihil habet Writs of Gravelkind of custome and of service instead of a Cessavit Writs of Error of Judgments given before the Sheriffes Writs of waste Writ de partitione facienda betweene Coparteners Writs of quid juris clamat and per quae servitia and others The which Writs are close and directed to the Mayor and Sheriffes And also Replegiaries of things taken of distresses wrongfully taken are pleadable before the Mayor and Sheriffes in the same Husting of Common-pleas by plaint without writ And it is to be understood that the same Sheriffes are ministers to execute the office and serve all the Writs and Replegiaries by a precept of the Mayor directed to the said Sheriffes and the processe is after this manner First in a Writ of ex gravi querela warning shall be given to the tenants viz. two or three dayes before the Husting or in the morning before as in a Plea of Land and so shall be done of all other summons touching the same Husting And if the warning be given and testified by the Sheriff or his Ministers the tenants may be essoyned once and if the tenants make default at the said warning testified then shall the grand Cape be awarded if they appeare they may be essoyned after the view and thereupon all other processe shall be made fully as is said in a Writ of Right Patent in the Hustings of the Pleas of Land Item In a Writ of Dower unde nihil habet the Tenants shall have at the beginning three Summons and one essoyne after the three Summons and afterwards shall have the view and after the view one essoyne and the tenants in such a Writ of Dower shall have the view although they enter by the same husband of the Demandant and also notwithstanding the husband died seized And also the Tenants may vouch to warranty and be essoyned after every appearance and also other processe shall be made as in a writ of right in the Husting of Plea of Land And if the Demandant recover Dower against the Tenants by default or by Judgment in Law in such a Writ of Dower and the same woman demandant shall alleadge in Court of Record that her husband died seized then the Mayor shall give commandement to the Sheriffes by precept that they summon an Enquest of Neighbors where the Tenements are against the next Husting of Common-pleas to enquire if the husband died seized and of the value of the tenements and the dammages shall be enquired of by the same Enquest Item In a Writ of Gravillete the tenants shall have three summons and three essoines they shall also have the view they may vouch to warranty Denizen and Forreigner and they shall be essoyned and they must enter their exceptions and all other processe shall be made as before is declared in a writ of Right in the Husting of Plea of Land saving if the tenant make default then the demandant shall have Judgment to recover and hold for a yeare and a day upon this condition that the tenant may come within the same year and day next ensuing and agree for the arrearages and finde Surety as the Court shall award to pay the Rent within the services loyally after ward to have againe his tenements And within which yeare and day the tenant may come and cause the demandant come in Court by a Scire fac Ascire face brought by the tenants with in the yeare and day and have again his tenements doing as is aforesaid Then after the yeare and day the demandant shall have a Scire fac against the tenant to come and answer if he can any thing say A sctre fac brought by the demandant after the yeare day wherefore the said demandant ought not to held the tenements quietly to him and his heires for ever And if the tenant come not or if he come and can say nothing then the Judgment shall be that the Demandant shall recover the tenements quietly for ever according to the Judgments called Shartford by custome of the foresaid City In a writ of wast processe shall be made against the tenants by summons attachments Of a writ of waste and distresses according to the statutes thereof made and if the tenants come and plead then he shall have noe essoyne and so after every appearance and if he make default at the grand distresse then there shall be a commandement to the Sheriffe by precept from the Mayor that the Sheriffe should see the place wasted That the Enquest shall not tax but simple damages and the court shall treble it This is enacted by the Statute of Gloc. capiat and enquire of the waste and damages according to the statute and that the enquest should returne at the next Husting of Common-Pleas and the Plaintiffe shall recover the place wasted and treble damages by the Statute Item In a Writ of Error of Judgment given in Court before the Sheriffe in actions personall and in assize of novel disseisin or mortdancestor taken before the Sheriff and Record the Writ of Errour shal be directed to the Mayor and Sheriffes and the Mayor shal make his precept to the Sheriffes to cause them to bring the Record and processe at the next Husting of Common

Pleas and that they warne the parties to heare the Record And after that the Record and Processe be in the Husting although the Defendant come by the warning or make default the errours shal be assigned and there the Judgment shal be affirmed or reversed as the Law requires And it is to be understood that by the usage of the said City when a man is condemned in debt or attaint of dammages in any action personally before the Sheriffs and bringeth such a Writ of Errour he himselfe which bringeth the writ ought and was wont before that he be delivered out of prison to find sufficient surety of men abiding in the same City before the Mayor and Sheriffes to pay the mony or to have the body forthwith comming in case that the Judgment be affirmed And so it shal be done where dammages shal be recovered in Assizes before the Sheriffs and Coroner c. Item In a Replegiarie Replegiarie the processe is such If any man take a distresse in an other mans ground within the said City he to whom the goods belong may come to one of the Sheriffs and have a minister by commandement of the Court to goe to the party that tooke the goods and if he may have the sight to take the same goods by two wise men and then there shal be a plaint made in the Sheriffes paper in this manner Such a one maketh his complaint against such a one of his goods unjustly taken in his house or in his freehold in such a Parrish And the same party shal there find two sufficient pledges to pursue his plaint and to make returne of the goods or the price thereof in case that the returne be awarded and so he shal have the deliverance And the parties shal have a day prefixed at the next Husting of Common-Pleas the Sheriffe shal make a Bil contayning all the matter and the plaint and shal bring the same Bill to the same Husting and there it shal be put on the File and the parties shal be called for At which day the one and the other may be essoyned of common essoyne And at what time soever the Plaintiffe makes default returne shal be a warded to him that hath them and the returne in such case is awardable three times by the custome and at the third time not replevisable And at what time soever he that hath them maketh default then it shal be awarded that the same goods shal remaine to the Plaintiffe viz. they shal remaine without recovering of any dammages And if so be that the Sheriffe may not have a sight of the distress taken then he shal so certifie in the said Husting and there shal be awarded a Writ of Withernam and thereupon processe shal be made And if the parties come avoury be made they may plead to a Judgment or to an issue of enquest according as the case requires And the parties may be essoyned after every appearance And if the party claime property in the distresse then that certified in the Husting processe shall be made by precept directed to the Sheriffe to try the property And though the party be essoyned to serve the King in a Replegiary and at the day that he hath by essoyne maketh default or brings not in his warranty he shal be amerced In a writ de partitione fac to make partition between partners of tenements in London a writ close shal be directed to the Mayor and Sheriffs containing the matter according to the forme of such a Writ And the parties shall be warned by precept of the Mayor directed to the said Sheriffs and the tenants may be essoyned and if they come they may plead their matter and if they make default the Partition shall be awarded by default Item Of the Bedle every Bedle by the advice of his Alderman against every Husting of Common-Pleas shall summon 6 Free-holders the better and sufficienter of his Ward to come to the aforesaid Guild-hall to passe in Enquest if there be need if there be so many Free-holders in the said Ward And the Enquest shall be presented as is aforesaid in the Husting of Plea of Land Item Of Exigonts Briefs of Exigent are demandable in the Husting as well in the Husting of Common-Pleas as in the Husting of Pleas of Land But those Exigents that are demanded in the one Husting shal not be demanded in the other Husting And at the fifth Husting the outlawries and veniries shall be awarded in full Husting before the Mayor and Aldermen by the mouth of their Recorder And also all Judgments that are given in Husting after every Husting shall be enrolled sent to the Chamber of Guild-hall afore-said Item It is to be understood that all the amerciaments made at those Hustings do appertaine to the Sheriffes of the City Item The Aldermen of London are summoned to come to the husting Of summoning the Aldermen to the Husting and they ought by usage of the said City to be summoned by an Officer of the Sheriffes Of exigents Of summoning the Aldermen to the Husting sitting upon a horse of a 100. S. price at least And if it happen A taile that between Merchant and Merchant or Citizen and Citizen there be debate of Debt and a tayle be shewed forth by the party and such tayle be denyed the partie that bringeth the tayle shall make his proofe according to the Law Merchant but shall prove the same by Citizens or Merchants or other good and loyall men Of assize of Mertdancester not by villaines Item The Assizes of Mordancester are held and determinable before the Sheriffs and the Coroner of London on the Saturdayes from fourteene deyes to fourteene dayes at the Guild-hall the processe wherein is in this manner viz. He that will have such assize shall come in the Husting or in the congregation of the Mayor and Aldermen in the Chamber of Guild-hall any munday as it is said in the assize of freshforce shall make a Bill containing the forme of assize of Mortdancestor according to the case and the Bill shall be enrolled And afterward the common Clerk shall make another Bill containing the whole matter of the first Bill making mention of the title of Husting or of the day of the Congregation of the Mayor and Aldermen and that Bill shall be sent to the Sheriffes or to one of them to serve according to the custome And which Bill shall be ferved by any Sergeant or other Minister of the Sheriffes viz. The said Minister the Wednesday next after the livery of the Bill shall make his summons at the tenements demanded by witnesse of two Free-men of the Cittie which ought to be at Guild hall the Saturday next ensuing to array and summon the Jurors and so afterwards against the Saturday from fourteene dayes to fourteene dayes at their wills and so may the tenants sue if they will for their deliverance And the arraignments of the panneis of such