Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	erroneous_a	error_n	writ_n	2,062	5	9.6571	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A29941	Camera regis, or, A short view of London containing the antiquity, fame, walls, bridge, river, gates, tower, cathedral, officers, courts, customs, franchises, &c. of that renowned city / collected out of law & history and methodized for the benefit of the present inhabitants by John Brydall ...	Brydall, John, b. 1635?	1676 (1676)	Wing B5253; ESTC R2537	44,312	135

return the same extent unto the Bench at a certain day And after it shall be commanded to the Sheriff of the Shire where the warranty was summoned that he shall cause the Tenants to have the Lands of the Warrantor to the like value Vide more in the Statute aforesaid In Dower in the Hustings of London against the Husband and Wife who vouch a foreigner in warranty 18. E. 2.3 a. b. Tit. Receipt 106. Co. 2. Inst f. 326. whereupon the plea is adjourned into the Common Pleas at a certain day at which day the husband and Wife sued out a writ against the Vouchee whereupon the Vouchee appeared and the Baron made default and the Wife prayed to be received upon his default and by the Rule of the Court she was received and that it was within their Commission for that the default was made in this Court whereupon the Land was to be lost if she were not received for it is a Maxime in Law Necessitas sub Lege non continetur quia quod alias non est Licitum necessitas facit licitum but yet others are of another opinion In a pr●●cipe in the Hustings in London the Tenant voucheth one in London and other forein Vouchees in the County of Norfolk c. In this case as well the Voucher within London as the foreign Vouchers shall be removed Co. 2. Inst f. 325. for although the words of the Stat. of Gloc. c. 12. Vouch forein a garrantie yet because process should be made by the Court of Common Pleas only against the foreign Vouchees although they came in they should not warrant nor answer without the others before process were determined against them in London so as necessity requireth that process should be made against all at one time and that ought to be done in the more worthy Court and when the Warranty is determined in the Court of Common Pleas all shall be remanded It is worthy of observation sayes Coke that at the Common Law in case of a foreign Voucher in the Hustings of London Co. 2. Inst 327. the plea was adjourned before the Justices in Eyre when they came to the Tower of London for the Court of Hustings London was not derived out of the Jurisdiction of the Court of Common pleas as other Courts that have power to to hold pleas Real are and therefore the Adjournment was before the Justices in Eyre 3. The manner of proceedings upon the plea of Bastardy or the plea ne unques acconpte en Loyal Matrimony If in an action Ancestrel the Tenant plea Bastardy in the Demandant Co. 2. Inst f. 271 or in a writ of Dower the Tenant plead Ne unques acconpte en Loyal matrimony neither the Court in London Co. Litt. fol. 134. or any like Inferior Court cannot award a writ to the Bishop for Tryal thereof for nullus alius praeter Regem possit Episcopo demandare inquisitionem faciendam And therefore if such pleas be pleaded in London the Record shall be removed and after a writ to the Bishop and certificate made by the Bishop the Record shall be remanded into London again 4. That a suit upon a poenal Law cannot be brought either in the Court of the Hustings Cro. 3. part Miller ver Regem 538. or in any other Court at Guild-hall but it must be commenced in the Kings Courts at Westminster where the Kings Atturney is to acknowledg or deny 2. Of the Courts of the Sheriffs Touching the Courts of the Sheriffs of London is observable the Manner of proceeding in two things scil 1. In a writ of error 2. In an execution upon a Condemnation in the Sheriffs Courts 1. The manner in a writ of error If an Erronious Judgment be given before either Sheriffs the party grieved shall have a writ of errour and remove this before the Mayor and Sheriffs in the Hustings If they do not yeld redress there then shall certain Justices be assigned by the Kings Commission to sit at St Martyns le Grand by nisi prius for to redress the said Judgment and if there be default found in the Mayor and Sheriffs they shall be punished for their Misprisions by the form that is conteined in the Statute of 28. E. 3. c. 10. 2. The manner upon an Execution Cro. 3. part Cusackes Case f. 128. One taken in execution in London upon a Condemnation in the Sheriffs Court and removed by Habeas Corpus into the Kings Bench shall be committed there in execution for that Debt and having discharged all Causes in the Kings Bench shall be remanded 3. Of the Court of Equity This Court of Equity before the Lord Mayor is called commonly the Court of Conscience or the Court of Requests in Latin Curia Requisitionum sive Requestarum seu Requisitorum and the Lord Mayor himself by whom this Court is swayed and governed may be termed by us Magister a Libellis supplicum Touching this Court of Equity I propose these Cases that I have met with in our books If a man be impleaded before the Sheriffs Co. lib. 8. f. 126.10 H. 6.14 Co 4 Inst 268. the Mayor upon the suggestion of the Defendant may send for the parties and for the Record and examine the parties upon their plea and if it be found upon his examination that the Plaintiff is satisfied his Lordship may award that the Plaintiff shall be barred There is a special Act of Parliament for the Relief of poor Debtours 3. Jac. where by it is enacted 3. Jac. c. 15. that every poor Citizen and Freeman inhabiting in London being sued for debt under forty shillings may exhibit his suite in the Court of London called the Court of Requests in London who shall nominate Commissions to the number of 12. and three of that Commission may send for any Creditor who is complained of in sueing for such a Debt under 40. s. and if he refuse to come or perform not their Orders they may cause him to be arrested by any Sergeant of London and commit him to prison there to remain until he perform the said order A Citizen of London sued another Citizen in the Common Pleas Cro. 1. part f. 33. pl. 14● and the Mayor and Aldermen would have him put the matter to compromise and he refused they did disfranchise him all those that were parties to the disfranchisement were fined an hundred Marks a piece and the party was restored to his Franchise that is to his Libertie for Franchise in the Common Law signifies sometimes the incorporating a man to be Free of Company Co. Litt. 137 b. or body politique as a Free man of a City or Burgess of a Borough Quere To conclude The Quoere may be How this Court of Equity in London was raised Whether by Act of Parliament prescription or by Letters Patents Resp It is answered that this Court of Equity must of necessity be raised either by Act of Parliament or by

and although it was said he might execute it by Deputy and his personal Attendance is not requisite by the custome of the sad Mannor yet non allocatur whereupon the said priviledg was awarded 3. The Recorder A Recorder is he whom the Mayor or other Magistrate of any City or Town Corporate having jurisdiction or a Court of Record within their precincts by the Kings grant doth associate unto him for this better direction in matters of Justice and proceedings according to Law Thus much in general of the Recorder-ship of any City or Town but more particularly we say That the Recorder of London is the person whom the Lord Mayor and Aldermen do associate unto them for their better direction in matters of Justice and proceedings according to Law and therefore he ought to be a grave and Learned Lawyer well seen in the Common Law and skillful in the Customs of the City and such a one indeed is that honourable and very grave person Sir John Howell a member of the Royal Society of Lincolns Inne who at this very time is Recorder of this most glorious City The Recorder of London takes place in Councils Stow. and in Courts before any man that hath not been Lord Mayor and learnedly delivers the Sentences of the whole Court By the Stat. of 23. H. 8. c. 6. the Mayors of the Staple at Westminster and the Recorder of the City of London joyntly together have full authority to take Recognizances for the payment of debts in the absence of the Chief Justices out of Term. 32. E. 1. Geoffry Hertilepole Alderman was elected to be Recorder of London and took his Oath and was appointed to wear his apparel as an Alderman 4. The Sheriffs BEfore I speak in particular of the Sheriffs of London I shall present to the Reader several Queries with resolutions given unto them out of our books of Law touching Sheriffs in general For the better Information of all such Officers through the whole Kingdom Quaere 1. Whence the word Sheriffs is derived Resp Sheriff is a word compounded of two Saxon words viz. Shire and Reve Shire Satrapia or Comitatus cometh out of the Saxon verb Shiram i. e. partivi for that the whole Realm is parted and divided into Shires Co. Litt. 168. a. And Reve is praefectus or praepositus so as Shireve is the Rive of the Shire Praefectus Satrapiae Provinciae or Comitatus And he is called Praefectus because he is the chief officer to the King within the Shire for the words of his patent be Commissimus vobis custodiam Comitatus nostri c. Quere 2. How a Sheriff was Quere 2. and is to be elected Resp It is to be known that the office of a Coroner ever was and yet is eligible in full County by the Freeholders by the Kings writ de Coronatore eligendo and the reason thereof was for that both the King and the County had a great interest Co. 2. Inst fol. 174. 175. 558. 559. and benefit in the due execution of his office and therefore the Common Law gave the Freeholders of the County to be electers of him And for the same reason of ancient time the Sheriff called Vice-Comes who had Custodiam Comitatus was also eligible for first the Earl himself of the County had the office of the Sheriff of the County and when he gave it over the Vice-Comes as the word signifieth came instead of the Earl and was eligible by the Freeholders of the County but this way by election is altered by divers Acts of Parliament 14. E. 3 c. 7.23 H. 6. c. 8.12 R. 2 c. 3. viz the Act. of 9. E. 2. Lincolne de Vice-Comitibus 14. E. 3.12 R. 2. 23. H. 6. vide the Statuts themselves Quaere 3. Whether the Day of the Billing of Sheriffs may be deferred from the usual day Resp Upon the sixth of November the Term of Michael 16. Car. Regis the Lord Keeper of the great Seal the Lord Treasurer the Lord privy Seal Earl of Arundel Earl Marshall the Earl of Pembrok Lord Chamberlin Cro. 3. part Terme Mich. 16. Car. Regis in Banco Regis the Lord Cotington Chancellor of the Exchequer were assembled in the Exchequer Chamber to nominate three persons of every County throughout England to be presented unto the King that he might prick one of them to be Sheriff of every County which is usually done according to the Statute upon the 3. of Nov being Crastino animarum But because it was the first day of Parliament and the Lords were to attend the King It was resolved by the advise and resolution of the Major part of the Justices with whom Conference was had in this cause that it might be well put off to another day And the Lord Keeper notwithstanding the Statute deferred it until this day Quaere 4. In what the office of the Sheriff doth consist Resp It belongeth to the Sheriff to serve the Kings writs of process be they summons or Attachments to compell men to answer to the Law and all writs of execution of the Law according to judgments of superior Courts for taking mens goods Lands or bodies as the cause requireth and by the Order of the Common Law and Statutes of the Realm he may for the better execution of his Majesties writs and process of Law after resistance take posse Comitutus He is to return indifferent Juries for the Tryal of mens Lives Liberties Lands and Goods He ought to see that the publique Peace be kept which is the Life of the Commonwealth and therefore he is said to be Principalis Conservator Pacis within the County It is his duty to gather the publique monies and profits of the Prince in his County to collect and bring into the Exchequer all fines imposed even by distreining He is to see condemned persons executed To conclude he is to determine and examine certain smaller pleas Civil and Criminal the former are decided in the County Court the latter in his Court called the Town Quaere 5. If one be in the Sheriffs Custody by process of Law and then another writ is delivered to apprehend the body of the party that is already in Custody whether he be in Custody by vertue of the second writ without an Actual Arrest Resp It was adjudged Co. Lib. 5. Frosts case f. 89. that when a man is in Custody of the Sheriff by process of the Law and afterward another writ is delivered unto him to apprehend the body of him who is already in Custody Immediatly he is in Custody by force of the second writ by judgment of Law although he make no actual Arrest of him for to what purpose should the Sheriff arrest the party that is already in Custody and Lex non praecipit inutilia quia inutilis Labor est stultus Quaere 6. Whether a Sheriff Bailiff c. may arrest one without shewing the warrant Resp It was adjudged Co. Lib. 9. Mackaleyes

Kings in the high Court of Parliament Singularity 1. King Athelstan in his Laws or Constitutions appointing Mint-Masters how many Mint-Masters should be in each City alloweth 8. to London and not so many to any other City Singularity 2. King H. 1. in his Laws Amerciament commandeth that no Citizen of London shall be amerced above 100 s. for any pecuniary pain Singularity 3. It is granted to the Citizens of London Gavelet that the Lords of Rents in London may recover them by a writ of Gavelet 10. E. 2. Singularity 4. The Kng granted that the Citizens of London should not be constrained to go out of the City to any War Warr. and that the Liberties of this City should not for any cause whatsoever be taken into the Kings hands Rot. Parl. 1. E. 3. Authoritate Parliamenti Singularity 5. Erroneous Judgment It is enacted that the Statute of 28. E. 3. c. 10. shall not extend to any erroneous judgment given or to be given in the City of London Parl. 7. R. 2. nu 26. Singularity 6. Aldermen The Aldermen of London shall not be hereafter elected yearly but remain until they be put out for reasonable cause 17. R. 2. c. 11. Singularity 7. Mault The Lord Mayor and Aldermen may reform the defaults of Victuallers Victuallers 7. R. 2. c. 11. vide 31. E. 3. c. 10. Singularity 8. Mault sold to London shall be cleansed from Dust 17. R. 2. c. 3. Mault Singularity 9. It is Enacted in the Reign of R. 2. That the Mayor Guardian-ship of Orphans and Chamberlain of London shall have the keeping of all the Lands and goods of such Orphans as happen within the City Singularity 10. The Mayor of London shall redress such Errors Defaults Redressing of Errours and Misprisons notoriously used in the same City 1. H. 4. c. 15. Singularity 11. The Stat. of Ed. 4. c. 2. doth not extend to the Sheriffs of London Sheriffs of London as touching Indictments and Presentments Singularity 12. Citizens and Freemen of London may carry their wares to any Fairs Wares or Markets throughout England 3. H. 7. c. 9. Singularity 13. Butchers shall kill no beasts in London Butchers 11. H. 7. c. 21. Singularity 14. By the Stat. of 9. H. 7. c. 8. no scavage Scavage or Shewage or shewage shall be paid in any place but it shall be taken by the Mayor and Sheriffs of London Singularity 15. The Mayor of London and his Successors have like Authority in all issues Breaches Sewars ground over flown as far as the water ebbeth and floweth grown out of the River of Thames as touching the punishment for using unlawful nets and engines as his Lordship hath within this said River 4. H. 7. c. 15. Singularity 16. For all issues forfeited by Jurors in the Mayors Court Issue forfeited it is lawful for his Lord-ship and his Successors to distrein and the same distress detain until he or they be satisfied of the said issues 4. H. 8. c. 3. Singularity 17. All Strangers within two miles of London shall be under the Reformation of the Wardens of Handy Crafts within the City of London Warden of Handy-Crafts 15. and 16. H. 8. c. 2. Singularity 18. Wardens of Cowpers shall search Wardens of Cowpers c. and gage all manner of Barrells c. For Ale Soap to be put to sale within 2. miles compass without the Suburbs of the City of London 23. H. 8. c. 4. Singularity 19. A Londoner returned upon a Jury to the Courts at Westminster having goods to the value of 40. marks shall be sworn Jurors and do in all such Juries in every thing as other persons may do having Lands or Tenements of the yearly value of forty shillings 4. H. 8. c 3. 5. H. 8. c. 5. Singularity 20. By the Stat. of 4. H. 8. c. 14. It is Enacted that the Mayor of the City of London may search oyle Oyles in the City of London and punish all such as sell false oyle Singularity 21. The Lord Mayor of London may set fines upon those Paving which do not pave or repair any street or Land 32. H. 8. c. 17. Singularity 22. Woods growing within the compass of 22. miles from and about London Woods or the Suburbs of the same shall not be felled to be converted to Coals for making of Iron works 23. Eliz. c. 5. Singularity 23. The Mayor in the Reign of Edward 3. procured an Act of Parliament Whores Vide Daniels History f. 243. that no known Whore should wear any hood or attire on her head except reyed and striped Cloth of divers Colours If this Law should now be put in force I am affraid there would be very few black hoods worne Note the Athenian Law was Floridas Meretrices vestres indutae sunto Singularity 24. By the Stat. of 1. Jac. c. 19. Garbler of London the ancient officer of London called the Garbler of Spices hath authority at all and every time and times in the day time to enter into shops ware-houses or Cellar to view and search Drugges and Spices c. and to garble and make them clean Singularity 25. All wares from hence forth shall be utterly Wares put down by Thames and Medway 9. E. 3. c. 22. Singularity 26. Damages King E. 1. Of his grace granted unto the Citizens of London that whereas before times they that were disseized of freehold in the same City could not recover their damages before the coming of the Justices to the Tower that from hence forth the Disseizees shall have damages by Recognizance of the same Assize whereby they recovered their Lands 6. E. 1. c. 14. Singularity 27. Salmons By the Stat. of 20. R. 2. c. 9. it is enacted that the Mayor or Warden of London shall have the Conservation of the Stat. touching Salmons viz. 13. E. 1. c. 47.13 R. 2. c. 19. in the waters of Thames from the Bridge of Stane to London and from thence over the same water and in the water of Medway Singularity 28. In 12. R. 2. c. 13. There is a punishment ordained for him Corruption which shall cast corruption into any place near the City of London Singularity 29. In the 13. 14. year of the Reign of the King our most Gracious and Serene Soveraign that now is Higwayes and streets there was an Act made for Repairing of High wayes and for paving and keeping clean streets c. in and about the City of London and by that Act it is ordained that the Lord Mayor Recorder and Aldermen shall be joynt Commissioners in exercising all the powers of this said Act within the City and Liberties thereof Singularity 30. Curriers In the Stat. of 14. of this Kings Reign which was enacted for the restraining the exportation of Leather and Raw Hides out of the Realm it is ordered