Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	day_n	judge_n	judge_v	3,641	5	7.0018	4	true

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