Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	find_v	plaintiff_n	verdict_n	1,757	5	11.2828	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A59742	A survey of the county judicatures commonly called the county court, hundred court, and court baron wherein the nature and use of them, and the way and order of keeping them is opened for the great ease and profit of all such as have occasion to keep, or use them / by William Sheppard.	Sheppard, William, d. 1675?	1656 (1656)	Wing S3213; ESTC R29356	23,078	112

pleas are that he did not so assume or that he is not guilty a concord performed or the like Or if it be in an other Action of the Case the ordinary plea is not guilty and if it be on a warranty that he did not warrant c. And if it be in an Action of Action of trespasse trespasse the ordinary plea is not guilty also in this case an arbitrement or concord with execution tender of amends before the action brought may be pleaded And in all these actions speciall pleas may also be pleaded as the case is But if the defendant plead Frehold or forrein plea. his freeheld or forrein plea not triable there the Court can no further proceed and if it doth the other partie may have a writ of false judgement to avoid the judgement when it is False judgement given But in all these cases the defendant may if he will refuse to plead any such plea and confesse the action or let judgement go by Non sum informatus defaults by the saying of his attorney that he is not informed But upon these pleas the Triall Issue Plaintiff in most cases may take issue and put it to a Jury which is thereupon warned whereby the Court of any of these Courts Trialls are by Juries to By Jury appear to try it And these appearing the parties are to have their Challenges as in other Challenge Courts Or by consent of parties it seems it may be tryed by Jury in any case And upon some of these pleas pleaded by the defendant Wager of Law where wager of Law doth lye as upon an action of debt brought upon a contract by word without writing or detinue he may offer to wage his Law and may have it for the triall and cannot be put upon another way of triall And this is the proper and ordinary way of triall appointed by Law in all actions in this Court. And where this is admitted the Court doth appoint the defendant to do it at the next Court and set down with how many hands or other men witnesses he shall wage his Law which is taken by the Judges of the Court who do examine the defendant and his witnesses on oath and the Plaintiff also if they think fit Or the defendant if he will By witnesses may deny the debt where it is with out a deed and put it on the Plaintiffs proof and then he must prove it by witnesses at the next Court if it be so ordered and if he do then make default herein he is to be non-suit So if the Plaintiff in person be in Court where the Jury Non suit is ready to appear or give their verdict and renounce his suit or withdraw his action saith he will follow it no more or when the parties have demurred in judgement and have a day given over and at the day the Plaintiff do not appear but make default in these cases Nonsuit the Plaintiff shall be nonsuit and judgement shall be given against him for costs of suit Which shall be levied in the same manner as money recovered against a defendant is levied And in all these cases if the Judges where it is to be judged by them alone or the Iudge Iury where there is a Iury shall find for the Plaintiff they must give judgement for the debt or damage and costs of suit as the Judgement case is and if they find for the avowant in a Replevin they Costs must give damage and costs of suit or otherwise if it go against the Plaintiff or he be non-suit for not proceeding judgement must go against him for such costs of suit for vexation So that as the Court shall adjudge if the defendant be condemned by default or verdict a levarie is to go forth to levie the debt or damage and costs of suit and so if costs be recovered against the Plaintiff and hereupon execution shall be done accordingly by a Levari facias or warrant appointed to leavie the mony And upon this the Sheriffs officers or servants appointed are to levie so much of the goods of the Plaintiff or defendant the which they are to take prise and sell and therewith pay the party that doth recover his money and the costs of suit and give back the overplus But neither can the under officers nor the Sheriff nor the Court deliver over or cause to be delivered over the goods distrayned to the party that is to have the money Sect. XI Of a suit by Replevin and the proceedings therein from the beginning to the end of it A Replevin is where one What a Replevin is man distraineth anothers goods or cattell then the partie that is distrained upon giving security to the Sheriff or his depulie that he will pursue the action and return the beasts again if the taking shall be adjudged Lawfull may have this by writ to the Sheriff or the Sheriff may do it ex officio or if it be within a franchise the Sheriff may send his warrant to the Bayliff of the franchise and hereby he shall have the goods or cattels restored again As touching this these things are to be known First that he that brings this writ must have either a generall Speciall property or a speciall property in the thing as of goods pledged or the like and this must be in him at the time of the taking or otherwise he cannot have or not maintain the Replevin for them Secondly if divers mens cattell be taken they may not joyn in a Replevin but must have severall Replevins Thirdly this is grantable in hundred Courts and Courts Barons also Fourthly the Sheriff is bound to have four deputies in the County to make these Replevins and the Sheriff upon complaint of goods or cattels taken and wrongfully withheld may send his warrant by word or writing if it be out of a liberty to whom he pleaseth to deliver them and if it be in a franchise he must first send to the Bayliff of the franchise to do it which if he will not do the Sheriff himself at the last may do it Fifthly this the Sheriff doth and may do either ex officio by vertue of his office and of his own authority or by a writ sent to him out of another Court to give him command so to do Sixthly the party that sueth it out be it with or without a writ must first before he can have it or the distresses be delivered enter his plaint in the Court of the which to the end that deliverance may be made presently by a Replevin before a Court day he may enter at any time out of Court for the taking of the things and give a band of forty pound at the least to prosecute the suit and make return of the goods if return be awarded by the Court and if the Sheriff do otherwise the party grieved may have an action of the case against

done with or by the Iustices of the Peace Attorneys and Pledges Attorneys may be made and used in this Court as in the Attorneys County Court and for Pledges this usually is the Course that Pledges where the Plaintiff doth live out of the Hundred he is to find pledges of some sufficient men within the Hundred for him otherwise the defendant is not bound to answer But what remedy to have against the pledges If judgement go against the Plaintiff we cannot tell you except an Action of the case lye or some custome have been there time out of mind to charge them some other way Sect. III. Of the povver and proceedings in this Court in Generall to the end of the suit THe power and proceeding of this Court in Generall is much like to the power and proceedings of the County Court save only in the case of a Iusticies for no Iusticies doth lye to the Iudges of this Court. And that this is for the hundred only and that is for the whole County And that in most of these Courts there is no distress used to bring the party to appear but a summons and attachment only And as to amercements Amercements and Estreats and estreats thereof the rules of the one are all agreable to the other save only that the Iustices of the Peace have nothing to do with the estreats of these amercements And these amercements go to the Lord of the Leet not to the Steward For costs of suit both Courts agree in all things And for removing of suits the Courts are much alike Save only that to remove a suit of this Court there is another writ called an Accedas ad Curiam which is a Accedas ad curiam writ out of the upper Bench or common pleas directed to the Sheriff commanding him to go to such a Court of some Lord or franchise as County Court or court Barron where a Plaint is sued for taking of Beasts as a distresse or some false judgement is supposed to be given in any suit which hath been in such a Court which is not a Court of record and that he do there make record of the same suit in the presence of the Suitors of the same Court and four Knights of the County and certifie it into the Lord Protectors Court at the day limited in the writ and this cannot be had without shewing of some cause and the causes to remove these suits are when a Freehold is in question there or some forrain plea is pleaded not triable there Or the like And for Officers power and duty in these Courts it is altogether the same with the Officers of the County Court save only that which doth concern the entring of suits in other mens names and without their privity And also save only in what doth referre to their relation to the Iustices of the Peace of the County as to their estreats See for these things Chap. 1. Sect. 12. 13. 14. 15. and for the Fees of this Court the same is to be said as in the former Court their Fees differ and are by Law what they have been time out of mind But some of these Courts wherein the fees are reasonable are as followeth The Stevvards fees For entring every Action 2d Every order entred 2d Entring Declaration 2d If large then more   Entring every plea or answer 2d Every Essoyne 2d Every Process 4d Every continuance 2d Every nonsuit and detraxit 4d Entring the Judgement 2d Satisfaction acknowledged 2d Every wager of Law and entry 2d Warrants for witnesses and summoning Iuries 4d for removing and certifying a cause 6s 8d The Baylifs fees for Summons entrance 7d for executing every Process 4d Upon Iudgement for every shilling 1d for warning of the Iury 1s for warning of witnesses on a warrant 4d for every oath 2d The Attorneys fees for every cause at hearing 1s for the Declaration 4d for every Court the cause dependeth after he is retayned 4d Other Officers fees for the execution of every Process 4d CHAP. III. Of a Court Barron THe Court Barron is no What a Court Barron is Court of record but a Court that every Lord of a Mannor which anciently were Barrons hath within his Mannor as inseparably incident to his Mannor which Court is said to be double the one called the coppyholders Court for the triall of the titles of their land for the taking and passing of Estates Surrenders Admittances and graunts and herein the Lord or his Steward is Judge And the other is called the Freeholders Court which is only for the tryall of Actions wherein the Freeholders are Iudges The stile of this Court is after this manner The manner of Dale in the margent The Court Barron of I. S. Knight of his Mannor aforesaid held the first day of May 1655. before W. S. Steward there Sect. I. Of the beginning and use of this Court THis Court was first instituted for the ease of the Tenants The nature of it of the Mannor and ending of suits there under forty shillings That it might be done at home as it were at their own doors And it is much of the nature of the two former Courts Sect. II. Of the time and place for the keeping of this Court and the Iudges therein THe Iudges here are the Freeholders that is such Tenants as have ancient estates of Inheritance in any Lands held of the Mannor And of these there must be two at the least And therefore when once the Mannor is gone this Court is gone also or if the Mannor continue and there be but one Freeholder the Court is gone nor will new Freeholders as it seems made with in the time of memory serve and therefore coppyholders or leaseholders That by the Inheritance of the Lands nor of any that buy of the Lord a part of his demesnes these will not be Iudges of the Court. The place of keeping of these Courts must be somewhere within the Mannor And it may not be kept without the Mannor if it be all that is done at the Court is void and Coram non judice And yet perhaps where a man hath two or three Mannors together and time out of mind the Court hath been kept in one Mannor for all the rest of the Mannors there happily it may be good for all And the time of keeping of this court is once every three weeks not oftener but more seldome as the Lord of the Mannor shall please Sect. III. Of the Povver and proceedings in this Court THe power of this Court where it doth continue is much as the power of the hundred Court and the Process it holdeth plea under forty shillings also much like unto it And as for costs of the suit the power of the Officers amercements tryall and removall of suits the course in this Court is much like to the course of the Hundred Courts save only that here no Tryals are by Iury but all by wager of Law and proof of witnesses For all this therefore see Chapt. 1. Sect. 12. 13. 14. 15. c. And for the fees of this Court the same is to be said as in the former Court their fees differ and are by Law what they have been time out of mind but some of these Courts wherein the fees are reasonable are as the fees are in the Hundred Court The TABLE ACcedas ad curiam chap. 2. sect 3. Affering chap. 1. sect 4. 13. Amercements chap. 1. sect 13. chap. 2. chap. 3. chap. 1. sect 9. 15. Amendment chap. 1. sect 10. Attachment chap. 1. sect 9. chap. 2. chap. 3. Attorney chap. 1. sect 7. chap. 2. chap. 3. Avowrie chap. 1. sect 11. Challenge chap. 1. sect 10. Confession chap. 1. sect 10. Continuances chap. 1. sect 10. Costs chap. 1. sect 10. 12. Court The County Court chap. 1. The Hundred Court chap. 2. The Court Barron chap. 3. Declaration chap. 1. sect 10. Demurrer chap. 1. sect 8. 10. Distresse chap. 1. sect 9. Estreats chap. 1. sect 13. Essoyne chap. 1. sect 10. Execution chap. 1. sect 9. chap. 2. chap. 3. False Iudgement chap. 1. sect 10. 4. Fees chap. 1. sect 16. chap. 2. chap. 3. Gager de deliverance chap. 1. sect 11. Imparlance chap. 1. sect 10. Issue chap. 1. sect 10. Iudgement chap. 1. sect 10. Iusticies chap. 1. sect 6. 4. Levari facias chap. 1. sect 9. Nonsuit chap. 1. sect 10. chap. 2. 3. Officers chap. 1. sect 9. 13. chap. 2. chap. 3. Playnt chap. 1. sect 8. chap. 2. chap. 3. Pleading chap. 1. sect 10. Pledges chap. 1. sect 7. chap. 2. Process chap. 1. sect 9. chap. 2. chap. 3. Prohibition chap. 1. sect 8. Proprietate probanda chap. 1. sect 11. Recaption chap. 1. 11. Remove of a cause chap. 1. sect 6. 8. 16. Replevin chap. 1. sect 11. 9. Recordare chap. 1. sect 15. Retorne habendo chap. 1. sect 11. Return Irreprevisable chap. 1. sect 11. Second Deliverance chap. 1. sect 11. Summons chap. 1. sect 9. chap. 2. Tryall chap. 1. sect 10. chap. 2. 3. Wager of Law chap. 1. sect 10. chap. 2. chap. 3. Withernam chap. 1. sect 11. FINIS

in them this is not grantable It is a writ lying where a man is distrayned for any services Recaption and having that suit he is distrayned again for the same cause though the distress be for service due after the first distresse yet it lyeth not till the first suit be determined Sect. XII Of costs of suits recoverable in this Court AS to the costs of suits recoverable in this Court These things are to be known First in all suits whether judgement be given for Plaintiff or defendant such reasonable costs of suit are to be given as the Court shall set down Secondly where the Plaintiff doth not proceed or the cause doth go against him upon the triall the Court must give the defendant reasonable costs for the unjust vexation Thirdly such remedy and execution shall be made for recovering of these costs as the Plaintiff hath for recovering of the costs he doth recover in that Court against the defendant Sect. XIII Of Amercements in this Court and the streats thereof ANd to this these things are to be known 1. The Court may amerce any man for any contempt or disturbance of the Court made in the presence of the Court for in what case a man may be fined in a Leet he may be amerced here and this it seems need not be affered as all others but Afferement it is safe to do it And when any officer doth commit any default or neglect in the execution of his office and when the Plaintiff is non-suit Quia non est prosecutus Because he hath not prosecuted either at the first or after when the Jury is ready to give verdict or the Court give judgement or pro falso clamore And when judgement is given against the defendant he may be amerced And when any Bencher Iuror Plaintiff or defendant doth make default he may be amerced so also every man for his default of appearance after summons may be amerced But all these amercements upon officers for their miscarriage must be Afferement affered by the Benchers the rest by them or some others otherwise they may not be extreated they may be levied by Estreates distresse and putting in pound not by sale without a speciall custome in it and being levied shall go to the use of the Sheriff And the Sheriff must see that he leavie none of these amercements untill they be first allowed by two Iustices of the Peace Sect. XIV Of removing of suits out of this Court SUits may be removed out of this into a higher Court. And this is to be done either by a recordare or by a pone And Recordare therefore the recordare is said to be a writ out of the upper Bench or common pleas directed to the Sheriff commanding him to send a plaint that is before him without writ in his County Court into that Court from whence the recordare is sent to the end that the case may be there determined And this the Sheriff must certifie under his seal and the seal of four of the Suitors of the same Court and he is to summon the other party to be in that Court whether the plaint is to be sent by a day and a pone doth Pone nothing differ from this but that that is to remove such suits as are there before the Sheriff by writ and not by plaint and as to this these things are to be known 1. That if these be sued out by the Plaintiff in the County Court it may be had without shewing any cause at all if it be had by the defendants suit he must shew cause As first being to remove a plea in a replevin by plaint to shew that the defendant avoweth for damage fesant and the Plaintiff doth justifie for common of pasture which is a plea touching freehold and therefore should not be without writ Or that he before whom the writ depends is a favorer of him that is of the other side Secondly if any officer of the Court proceed after the removeall he may be punished for it in the Court from whence the writ to remove it came for the suit in Law is now at an end in the inferior Court Thirdly and after it is once sent away it can never be sent back again but must be tried in the Court into which it is sent Fourthly a suit is sometimes removed out of this Court into False judgement a higher Court by a writ of false judgement And this writ is defined to be where an erronious judgement is given in any inferior Court that is not a Court of record as County Hundred or Court Baron then the partie grieved by the judgement may have this writ and remove the whole Proces of the suit into the common pleas and there it shall be examined and if it be found the judgement shall be reversed and the Suitors or Judges Jurors amerced of the Court that gave the judgement amerced Sect. XV. Of the Povver and duty of the officers of the Court. AS touching the power and duty of the officers and those that act under this Court these things are to be known First the Sheriff may if he will appoint speciall Bailiffs that is others besides the common Bailiffs to execute the processe of the Court. Secondly some say a warrant from the Court by word may be good in these cases but it is not safe to trust to such a warrant but to have it in writing Thirdly the officers that have any precept to execute must do it with all care and when done or not done give an account and make a return of it especially if they take goods in execution otherwise it is dangerous for perhaps by the not return the Act of the officer may become unlawfull Fourthly in taking of goods they must be reasonable Fiftly they may enter into a close or into any house of any other mans the door being open to take the goods of any man there upon any precept Sixthly they may take the goods of any man in any place within the County in another mans house or ground as well as in his own Seventhly they are to take upon execution so much of the goods as will satisfie the execution and bring them into the next Court where they must be prised Eighthly they are not to proceed in any case after it is removed into another Court Ninthly if the Sheriff or any of his officers shall procure others to commence suits against any person and shall cause them to resort to this Court. The party attached upon any such suit may replieve his distresse so taken and remove the suit before Remove the Justices c. Before whom if the Sheriff be convicted of such procurement he shall be amerced grievously to the Lord Protector and shall answer to Amercement the partie grieved treble damages Tenthly the Sheriff his Shire Clerk or deputies shall Estreates make no estreats to leavy the said Sheriffs