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	reverse_v	writ_n	13,861	5	10.3556	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A86253	The law of conveyances, shewing the natures, kinds, and effects, of all manner of assurances, with the manner of their several executions and operations. Also directions to sue out and prosecute all manner of writs, of extent, elegit, and judiciall writs upon statutes, recognizances, judgments, &c. A warrant to summon a court of survey: and the articles to be given in charge, and inquired of in that court. With an exposition of divers obscure words and termes of law, used in ancient records, &c. And also plaine decimall tables, whereby may be found the true values of lands, leases, and estates, in possession, or reversion. With a concordance of years, &c. / By John Herne Gent.	Herne, John, fl. 1660.	1655 (1655)	Wing H1570; Thomason E1597_2	165,473	258

deliver his goods in pledge after shal be condemned in personall actions there such Sheep or goods shall not be taken and put in execution untill the lease be determined or the money paid for the pledge Br. distresse 75. So it seemeth of Goods which are distrained for just cause as for rent amercement damage feasant such like and are impounded they are now in custodialegis as long as they are so they may not be taken in execution Br. pledges 28. If the Connusor enfeoffe the King that land is discharged from execution Fitz. 266. so all other lands of the King are exempted from distresses and executions Plowden 242. b. If many men be severally seised of lands and they all severally joyne in one recognizance Satute Merchant or Statute staple in this case the connusee may not extend the land of any of the Connusors onely but all the Connusors ought equally to be charged the one of them alone shall not beare all the burthen because they are all in equall degree and in executions which concerne the realty and charge of the land the Sheriff may not doe execution of the Land of the one alone Co. 3. 13. a 14. When the Connusor hath aliened part of his land yet the Connusor himselfe at the Will of the Connusee may be solely charged because he himselfe is the person which was the debtor and which was bound and therefore he and his lands may be solely charged Co. 3. 14. Br. suite 10 12. And as to a purchasor of lands although their said Lands after the judgement recognisance or Statute be subject to the execution yet such purchasors have greater priviledges given to them by the law then the Connusor himselfe or his heires have So that if land of a purchasor be onely extended for the entire debt such purchasor shall have contribution against all the others of the purchasors and against the connusor or his heir but note that by this word contribution it is not to be understood that the others shall give or allow to him any thing by way of contribution but ought to be intended that the purchasor or party which hath his lands onely extended for all may by Audita querela or scire facias as the case requireth defeate the execution and therby shall be restored to all the meane profits and drive the Connusee to sue execution of all the land so that in this manner every one shall be contributory that is the land of every ter-tenant shall be equally extended co 3. 14. But if the Connusor enfeoffee the connuse of parcell of the land and a stranger of another parcell and reserve parcell in his hands now the connusee shall not have execution against the stranger or any other Feoffee for all shall be extinct against the Feoffees but yet against the connusor the connusee shall have execution of parcell which remaineth in his hands If connusor of Statute Merchant or statute Staple be taken and die in Execution yet the connusee shall have execution of his lands and goods co 5. 86. 87. Fitz. 246. b. If the connusor upon a Statute c. be taken in execution and escape yet his goods and lands upon the same statute may be extended for the escape and the action which the Plantiff had against the Sheriff for the escape is not satisfaction for the debts co 5. 86. By the statute of 3. Jacobi cap. 8. no execution shall be stayed or delayed by Writ of Error or superseded for reversing of any judgement in any action of Debt except the party which sued such Writ of error with two sufficient sureties be first bound to the party for whom such judgement is given to prosecute the said Writ of error with effect and to pay all the debt damages and costs c. if the judgement be affirmed and also costs and damages for such delay And therefore if a man be condemned in any court and his body put in execution and after he procures a Writ of corpus cum causa or certiorari to be directed to the Sheriff to remove his body there the Sheriff upon the said Writ ought to return the truth scil that his prisoner is condemned by judgement given against him upon which the Prisoner shall be forthwith remanded to prison there to remaine untill he hath satisfied the Plantiff 2 H. 5. cap. 2. Fitz. 151. e. If a statute be acknowledged to 2. and the one of them after purchase lands of the connusor then it seemeth that the said statute hath lost his force against both see the Register 147. If execution be sued of the body and of the land and after the connusor enfeoffeth the connusee of the Land or surrender parcell descended to him in all these cases the body shall be discharged for by discharge of part of the thing in Execution all is discharged Plow 72. b When the extent upon a Statute is satisfied and ran out by efluxion of time the Connusor may enter againe Co. 4. 67. But when the extent is satisfied by casuall profit the Connusor must have a Scire facias ibid. Defeasance to a Statue made after execution is good and defeateth aswell the Statute as the execution thereupon Co. 6. 13. But note where the Statute of Actor Burnell is that if the Prisors of the goods of the Connusor prize them too high in favour of the Debitor and to the dammage of the Creditor the things so prized shall be delivered to the Prisors by the same price and they to yield the Credtior his debt these Statutes are penall and extend not to any other Writs of execution but upon the Statute Merchant or Staple or recognizance and therefore upon a Writ of Elegit or other Writ of execution upon judgement if the extenders or prisors praise the lands or goods too high the Plantiff scil the Creditor hath no remedy Benl 4. P. and M. Note that when the lands or goods are delivered to the extenders they forthwith shall answer to the Creditor his debt by the words of the Statute and yet they shall not pay the money untill the daies assessed and limited in the extent Plow 205. b. If the Debitor complaine that his goods or lands were sold or delivered to the Connusee at too low a rate yet he hath no remedy Stat of Actor Bur. for in such cases the Debitor may pay the money and recover his lands and good 15 H. 7. 15. The creditor may well refuse to accept because the Sheriff will not deliver but parcell of the lands of the Connusor for if he accept it he shall be concluded to demand all afterward Fitz h. execution 84. 88. Execution upon a Recognizance REcognizance is an obligation of record acknowledged in any Court of Record or before any Judge or other Officer having authority to take it as before the Judges of the Kings Bench or of commons Pleas the Barons of the exchequer the masters of Chancery the Justices of Peace

a man recover debt or damages against against another he may chuse to have a cap. or elegit but if he take the Capias he shal not have the Elegit afterwards nec e converso 15 H. 7. 15. Fieri facias THis Writ of Fieri facias is onely against the goods scil Leases for yeares or moveables goods as Cattel Corne House-hold-stuffe Money Plate Apparrell and this Writ ought also to be sued within the yeare after the judgement Co. 3. 12. In the execution of a Fieri facias it is the surer course for the Sheriff either to keep the goods untill the parties be agreed or else to take good security of the Plantiff to defend and save him harmeless and to stay the returning of his Writs untill he may be well advised what to doe therein But if he take a bond of the Plantiff it is questionable whether it be good or no in law and not within the compasse of the Statute of 23 H. 6. ca. 10. to be taken colore Officii But the safest and surest course for the Sheriff or Officer is not to take in execution or not to meddle at all with any such goods as shall not not plainly appear to them to be the proper goods of the Defendant for it seemeth that the Officer is bound at his perill to take knowledge whose the goods are or at lest that they be the proper goods of the defendant Note that after the Fieri facias a man may have the Elegit but not e contra because the Elegit is of a higher nature then the fieri facias Upon a fieri facias the Sheriff may sell a Lease or terme of yeares and upon a fieri facias the Sheriff ought to sell to levy the debt Co. 5. 90. Co. 8. 171. Upon a fieri facias if the Sheriff sell the goods and after the judgement is reversed in a Writ of Error yet the defendant shall not have restitution of his goods but the value of them for what they were sold and those which so buy such goods of the Sheriff may lawfully enjoy them for the Sheriff which made the sale had lawfull authority to sell and by the sale the Vendee hath absolute property in the goods and if the sale of the Sheriff by force of the Fieri facias shall be avoided by subsequent reversall of the judgement then no man will buy and by consequence no execution shal be done Co. 5. 90. and 8. 96. and 143. Levari facias THis Levari facias is onely to be executed upon the profits of the Lands and upon the goods or the Sheriff may hereupon take the rents payable by the tenants in execution for the debt and bring them in Court but he cannot seise the land and deliver that to the party by this VVrit Plow 441. a. and this ought to be sued within the yeare after the day of payment to be made by the recognizance or after the judgement for after the yeare the Connusee or Plantiff is now by the Statute of Westminster 2. cap. 45. to have a scire facias whereby the Sheriff is commanded that he give knowledge to the Defendant that he appeare in the Chancery at a certaine day there to shew what he can say why he should not pay the debt or dammages and if he come not at the day or doe come and can say nothing why execution ought not to be done then the Sheriff shall be commanded to do execution Fitz. 266. c. And if the Sheriff upon the Levari facias shall returne that he hath levied part of the sum scil 20 l. part thereof which he hath delivered to the party now upon this returne the party which ought to have the money may have a sicut alias Levari facias directed to the Sheriff to levy the residue of the sum Fitz. 265. h. Summons SUmmons is a Writ to the Sheriff to cite or warne one to appeare at a certaine day and the Summons must be made by or in the presence of two or three Summoners and these summonitors ought by law to be liberi legales homines as it seemeth In Summons in reall actions the Summoners in the presence of the Pernors or Veiors ought to summon the tenant first to keep his day of the returne and to name that in certainty to answer c. Secondly they ought to name the name of the demandant and Lastly they ought to name the Land in demand co 6. 54. This word Pernor seemeth to signifie the Pernor of the profits of the land or the Occupier or Farmer therof And this Veior to signifie such as are sent by the Court to take view of the place in question for the better decision of the right Minshaw Note that the Defendant ought alwaies to be summoned 15. daies at the least before the day of the returne of the Writ 28 E. 1. cap. 15. Fitz. 177. Note when the Tenant appeares by the summons he may not take advantage after to say that he was not well summoned and so if he bee essoined for all that affirmeth the Summons 46 E. 3. Br. Summons 22. Note also if the Sheriff shall summon him which hath no land to or by his person and shall returne him summoned it is good And in Actions of annuity Covenant or the like Summons is the process hath he land or not and where a man hath no land where he may be summoned there the Sheriff may summon him by his person 33 H. 6. 4. H. 7. 7. In a Writ of right of Advowson the Sheriff may summon the Defendant in the Church Br. returne 101. 11 H. 6. In a quaere impedit the Sheriff may summon the Defendant in the Church IX H. 6. and so by advise it was done inter Lancelotum episcopum Eliens and the Author of this book Anno 16. Jacobi regis In a Praecipe against 4. the Sheriff cannot summon the one but that is a summons to all 3 E. 4. Br. Summons 10. In a Praecipe there ought to be two summoners for if there be but one and the Tenant maketh default and loseth by default he shall have a Writ of disceit against the Sheriff Plow 393. Note that the Tenant may wage his law of non summons and yet a corporation recluse and decrepit may not do their Law but their summons shall be tryed by the country 33 H. 6. fo 8. Thel 334. Quaere Attachment ATtachement cannot bee by land nor by Chattel reall as a lease for yeares 7 H. 6. 27 H. 6. neither may a Table dormant or any other thing fastened unto the free-hold be attached 21 H. 7. fo 26. but an Attachment must be made by mooveables which may be forfeited by outlary and which shall be forfeited by the default of the party if he appeare not Br. 1. 4 In debt trespasse or the like a man ought not to attach the Defendant by his horse whereupon he rides where he hath other goods whereby he may be attached

carry them to the market or faire and there selleth them this sale doth bar me of the property of my goods saving that if it be a horse he must bee ridden two hours in the Market or Faire between ten and five of the Clock and Tolled for in the Tolle-Booke and the seller must bring one to avouch this Sale known to the Tolle-book-keeper or else the Sale bindeth not and for any other goods where the Sale in a Market or Faire shall bar the owner not being the seller of his property it must be sale in a Market or Faire where usually things of that nature are sold As if a man steale a horse and sell him in Smithfield the true owner is not barred by this Sale but if hee sell the Horse in Cheap-side New-gate or Westminster Market the true owner is not barred by this Sale because these Markets are usuall for Flesh Fish c. not for horses So as where by Custome of London every shop there is a Market all the dayes of the week saving Sun-daies and Holly-daies yet if a peice of Plate or a Jewell that is lost or a chaine of Gold or Pearle that is stollen or borrowed be sold in a Draper or Scrivenors Shop or any other but a Gold-smith the sale barreth not the true owner sic in similibus The owner may seise his goods after they are stollen wheresoever hee findeth them except they were sold in a Faire or Market and that bona fide without fraud But if the Thiefe bee condemned of the Felony or out-lawed for the same or out-lawed in any personall Action or have counted a forfeiture of goods to the Crowne then the true owner is without remedie and yet if after the goods were stolen the true owner maketh fresh pursuite after the thiefe taketh the goods with the theef hee may take them againe and if he make no fresh persuit yet if hee prosecute the Felon so far as Justice requireth as to have him arraigned indited and found guilty though he be not hanged nor have judgement of death in all these cases he shall have the goods againe by a writ of a restitution to the party in whose hands they are No Sale on a Sunday or Holiday shall be said a sale in Market Overt to alter the property Waive A Theife having stollen goods being pursued flyeth away and leaveth the goods this leaving is called a waving and the property is to the King or to the Lord of the Mannour where it was wayved But if the Felon be Indited Adjudged found guilty or unlawed at the suite of the owner of these goods he shall have restitution of them as before Stray Property in live Chattel is thus gotten when they come into other mens grounds then the party or Lord into whose grounds or Mannours they come causeth them to be seised and with a Withe put about their necks and to be cryed in three Markets adjoyning shewing the Markes of the Cattel which done if the true owner claime them not within a yeare and a day then the property of them is in the Lord and if the stray remaine with the Lord eight or ten Months and then strayeth away to another Lordship and is seised by a second Lord the first Lord hath no remedy to have it againe Wrecke Where a man Dog or Cat escape alive out of Ships it shall be no wreck but the things shall bee prized by the Sheriffe or Coroner and delivered to those of the Towne where they be found to answer them So as if any within the yeare and day prove that the goods bee his they shall be restored to him Westminster cap. 4. Treasure hid in the earth not upon the earth nor in the Sea and Coyne though not hidden being found Treasure Trove is the Kings Stanford 410. 10 Eliz. Plowden fo 322. If a man be out-lawed Indited of Felonie or Treason Forfeitures or confesse it or be found guilty of it or refuse to be tryed by Peeres or Jury or be attainted by Jury or fly for Felony though hee be not guilty or suffer the Exigent to bee awarded against him although hee be not outlawed or go over the Seas without License all the goods he had at the judgement hee forfeiteth to the Crowne except some Lord by Charter can claime them for in those cases prescription will not serve except it bee so ancient that it hath had allowance before the Justices in Eire in their circuites Execution sued in personall Actions or in the Kings Bench in ancient time Recoveries in personall Actions are of two sorts either to have execution of the profits of the land and Chattels or a capias ad satisfaciendum In those of the first sort execution shall be of any land which the party had the day of the judgement given but for Chattels though it be Leases for yeares only those which he had the day of the execution sued So as if he sell his goods bona fide after judgment before execution sued forth those goods are not liable to the Execution Or if a Writ of Execution be sued forth and never returned and after the Defendant Alien his goods and the Plantiffe purchase another Writ which is returned yet the Execution shall not be of these goods for Writs which never are returned are not of record nor of any force at all but an alienation made after the teste of that second Writ had been nothing worth Old Na. Br. 165. 42. E. 3. 11. 2. H. 4. 141. Executors with all things incident to that Office Executors BY Executor-ship goods are gotten when a man is possessed of goods maketh his last Will and Testament in writing or by word and maketh one or more Executors thereof these Executors have by the Will and death of the parties all the property of their goods Chattels Leases for yeares Wardships and extents and all right concerning those things Those Executors may meddle with the goods and dispose them before they prove the Will but they cannot bring an Action for any debt or duty before they have proved the Will The proving of the Will is thus they are to exhibit the Will into the Bishops Court and then they are to be sworne and the Bishops Officers are to keep the Will Originall and certifie the Copy thereof in Parchment under the Bishops scale of Office which Parchment so sealed is called the Will proved Administration and Executors By letters of Administration property in goods is thus gotten when a man possest of goods dieth without any Will there such things as the Executors should have had if he had made a Will were by ancient law to have come to the Bishop of the Diocesse to dispose for the good of his soule that died he first paying his funerall and debts and giving the rest ad pios usus This is now altered by the Statute Law so as the Bishops are to grant Letters of