Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	error_n	law_n	reverse_v	1,511	5	12.3423	5	false

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

by expresse words contained in the Testaments of their Ancestors And no such Orphans ought to be marryed without the assent of the said Mayor and Aldermen To marry by the assent of the Mayor And also where Lands or Tenements Goods and Chattles within the said City are divised to an Infant within age of one City or of the same City living his Father that such an Infant is no Orphan yet by usage of the said City the said Lands and Tenements Goods and Chattles shall be in the custody of the Mayor and Aldermen aswell as of the Orphans to maintaine and keep them to the use and profit of the same Infant except that the Father of the infant or some other of his friends will find sufficient surety of record to maintaine and keep the said Lands and Tenements Goods and Chattles to the use and profit of the said Infant and thereof to render a good and loyall accompt as is aforesaid And it is to be understood That the goods of the testator shall be parted into three parts that where a Cityzen of the same City hath a wife and children and dyes all the goods and chattles of the said party deceased after his debts be paid shall be divided into three parts whereof one shall remaine to the dead and shall be destributed for his Souls benefit and the other part shall be to his wife and the third part to his children to be equally shared betweene them notwithstanding any Will made to the contrary And therefore as well the wife as the children may have their recovery and suit to demand such goods and chattles against the Executors or other Possessors of the said goods and chattles before the said Mayor and Aldermen by Bill Item By ancient custome of the said City That No Forreigner shall sel Victual or other Marchandize to any other forreigner by retayle it was not lawfull for any Stranger or Forreigner to sell victuall nor other Marchandize to any other Stranger or Forreigner within the same City to sell again nor for any such Stranger or Forreigner to sell victuall or other Merchandize within the City by retayle Item By ancient custome of the said City of London the Citizens Ministers of the same City ought to obey no Commandement nor no Seale but only the commands and immediate Seale of our Lord the King Nor ought any Officer of our Lord the King to make seisure or any execution within the said City nor within the Franchize thereof by Land or by Water but onely the officers of the said City Item Of a Writ of Errour Of Judgements given in the Sheriffs Court in actions personall or in Assizes taken before the Sheriffs and Coroner by custome of the said City the parties against whom such Judgments are given may sue a writ of Errour directed to the Mayor and Sheriffes to reverse the said Judgment in the Hasting if the Judgment be reversible And although such judgments be affirmed in the Hasting yet the same party may sue another Writ of Errour directed to the Mayor and Sheriffes to cause to bring the Record and Proces before the Justices assigned at St. Martins the Great as it hath been done heretofore But if any party by such judgment given before the said Sheriffs be convict in debt or in dammage and for that cause be committed to prison untill he hath made agreement and after pursue a Writ of Errour to reverse the judgment in the Hasting or although the Judgment be affirmed at the Hasting the said parties will sue another Writ of Errour to reverse the same Judgment before the Justices assigned at St. Martins the great as afore is said Yet not withstanding the same party which is so imprisoned ought not to be delivered out of prison hy ancient custome of the City by reason of such a Writ of Errour before that he hath found sufficient surety within the said City or put the money in the hands of the Court to pay him that shall recover or in case that the said Judgment be afterward affirmed And in case that such a Writ of Errour be sued to reverse any Judgment given in Hasting before the Justices assigned at St. Martins the Great and it be commanded by Writ to warn the parties and to cause them to bring the Record and Proces before the same Justices then shall the parties be warned as the Law requires But no Record shall be brought before the said Justices in writing by custome of the City but the Mayor and Aldermen shall have forty dayes respit assigned by the same Justices after their first Session there to be advised of the said Record of the Proces thereof and at first Session of the Justices after the forty dayes the said record and processe shall be recorded before the same Justices by the mouth of the Recorder of the said City or tenus And of Judgments given before the Mayor and Aldermen in the Chamber of Guild-Hall according to the Law of Merchants no Errour was ever writ to be sued Item By ancient custome of the City all the Liberties Priviledges and other Customes pertaining to the same City ought to be recorded by mouth without being put in any other manner in writing Item The Citizens of London by custome of the City ought not to go out of the City by writ or other manner to passe in any Enquest Item Of not putting Citizens in Enquest out of the city Wives after the death of their husbands by custome of the City shall have their free bankes that is to say the wife after the death of her husband shall have of the tenement within the City whereof her husband dyed seised in fee and in which tenement the said husband and she were remaining together at the time of the death of her husband the Hall the principall chamber and the celler wholly and her easement in the Kitchin the chiefe table and curtilage in common or other necessaries to her appertaining for terme of her life And at what houre that she shall marry she shall lose the free bank and her dower thereof saving to her the dower of her other tenements as the Law requires Item Every Free-man using a Mystery may by usage of the same City take an Apprentice to serve him and to learne his Art and Mystery and that by Indentures that shall be made between him and his said Apprentice The which Indentures shall be examined and enrolled of record before the Chamberlaine of Guild-Hall And such Apprentice may bind himselfe or his friends may put him to his Master by their Indentures if he be of convenient age according to the discretion of the Chamberlain or of the Mayor and Aldermen if need be And no Apprentice by custome of the City may be put for lesse terme then 7. yeares and the Indentures ought to be enrolled within one year after the making thereof under a certain pain therefore limited and after such Apprentice

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

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