Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	court_n	defendant_n	plaintiff_n	3,417	5	10.5128	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A54692	The reforming registry, or, A representation of the very many mischiefs and inconveniences which will unavoidably happen by the needless, chargeable, and destructive way of registries proposed to be erected in every county of England and Wales, for the recording of all deeds, evidences, bonds, bills, and other incumbrances : written in the year 1656 when Oliver and the Levelling-party made it their design to ruine monarchy ... / by Fabian Philipps.	Philipps, Fabian, 1601-1690.	1662 (1662)	Wing P2014; ESTC R14829	37,868	105

per pound for the other hundred besides other charges Which Writ of Extent being returned and filed in the Petibag is the Warrant for a Liberate directed to the Sheriff to give possession of the Land extended which is but many times the beginning of a greater charge in bringing Audita Quaerela's or Bills in Chancery When as it is in every year to be proved and acknowledged for a truth That of Eight hundred Actions or Writs issuing forth of the Court of Common Pleas or Upper Bench in a year in some one particular County for Debt upon Bonds or Bills or in some other Personal Actions there are no Warrants taken out to Arrest above Six hundred of them in regard of the Defendants speedy Agreement and of those Six hundred not above Three hundred are Arrested or come to enter their appearance and of those not above a half come to plead or make any defence and not the on half of them do afterwards come to tryal at the Assises and not a fifth part of those do come to move in Arrest of Judgment or sue out Writs of Error or put in Bills in Chancery And those that do not proceed so far as to Arrest do not put the Plaintiff or Defendant to so much as Ten shillings a peice charges the second sort including the former charges not Twenty shillings a piece if the Defendant be not a desperate fighter and hard to be taken and the third sort if there be no special or long Pleadings not above Thirty shillings in all and the fourth sort or such as come to tryal not above four or five pounds with all the charges reckoned together besides that of Witnesses or extraordinary Counsel so little is the expence of time and money in the present way or course of suing upon Bonds and Bills and other Personal Actions And so much is like to be the delay and charges and vexation of that which some would so willingly have to succeed it But if the trouble and charge of Certificates into the Chancery and suing out of Audita Quaerela's and such a generation of Suits as are like to happen by such a severe kinde of Securities shall be endeavored to be prevented by making every Registry to be a Court of Record and to have something to hear and determine as well as to Write and Register CHAP. VI. Of new Courts or Judicatories to be erected in every County to hear and determine Causes THere will be then Fifty two Judicatories or Inferior Courts more then are already erected one of which to be added to every County in England and Wales will come before they will be welcome or wanted for every Shire in England hath already the Summer and Winter Assises Quarter Sessions four times in every year County Courts every moneth Sheriffs Turns Courts Leet and Baron and weekly or three weeks Courts in its City or Towns Corporate amounting in every County to no less then Two hundred one with another which being in the wisdom of former ages and some hundreds of years past and every years experience since sound to be in their due limits and bounds very necessary and useful do make as many Law-days and meetings for the people as they have need of To help which new Courts or Judicatories to work or business if Bonds and Bills which they would have the Registring of or any other of the Causes or Matters which are and have hitherto been from time to time dispatched by the Courts at Westminster when they had before the Wars and Troubles of these later times almost half as much or as many again as they have now with good content and conveniency to the people and to all who have had occasion to seek for or attend their Justice if those that are ignorant or peevishly self-conceited or discontented because their desires or unjust expectations have been frustrated in some Actions or Suits which they prosecuted or defended would but let Reason or Truth be judge of their Mistaken-apprehensions and not lay their own or other mens errors or failings upon the Courts or Judges shall be transferred and carried into these County Judicatories from the more knowing and Superior Courts and Judges at Westminster who besides their well-known learning and justice in all Causes which are brought before them may for an evidence or testimony of the peoples approbation of them call to witness the many causes which for many ages together and in every year are and have been removed from the Inferior Courts to the Superior for want of Justice and the many Juries and Tryals at their Bars which by consent both of Plaintiffs and Defendants are yearly and termly brought from the Counties as well near as remote to be heard by the more learned sort of Judges and Courts And put unto the Judgment and determination of the less or very little or not at all able or knowing will stop up the ways of the places of the paths where Wisdom and Justice made their constant habitation deprive and take away if they shall not be impowred to try by Juries from every man so much of his part and interest in Magna Charta as the want of his tryal by his Peers or a Jury will come to put the spear of the mighty into the hands of those that are not able to weild or manage it inforce the people to inquire of the blind and deaf the way to make an end of their controversies by carrying their causes to such as are not able to judge or determine them which may after the expence of much money time and labor yield them as good a Crop or Harvest as Ulysses had when he counterseited himself to be mad by Ploughing the Sand or Shore with his strange kinde of Cattle and sowing of Salt instead of Corn. Or if the Sheriffs Turns and County Courts shall be put into the power and care of those Judicatures That ancient and necessary Officer of Justice and the execution of the Law will be made either to be as nothing or but the one half of what it was formerly and ought to be and the whole frame of that ancient and useful Jurisdiction put into disorder or dissolved or if the Hundred Courts Leet and Baron will take away the inheritance right and property of the Lords of Manors and the necessary relations and dependences which are and ought to be betwixt them and their Tenants contrary to Magna Charta and the whole tenor of our Laws and Liberties Or if these new Judicatories shall as the Systeme-makers had for the setting up of others not long ago contrived be made up of several parts or pieces and torn or taken out of that goodly order and frame of our Laws and Body Politick or as the Romans did in their original contempt and poverty in the getting the Sabine and Neighbor Virgins to be their Wives sally out upon other Jurisdictions and Ravish and take to themselves what

THE Reforming Registry OR A Representation of the very many mischiefs and Inconveniences which will unavoidably happen by the needless chargeable and destructive way OF Registries Proposed to be erected in every County of England and Wales for the Recording of all Deeds Evidences Bonds Bills and other Incumbrances Written in the year 1656 when Oliver and the Levelling-Party made it their Design to ruine Monarchy the Laws of the Nation and the impoverished Loyal party and is now published to prevent the more then a few Evils and sad Consequences which may hereafter be introduced by it By Fabian Philipps Plato lib. 6. de Legibus Omnes eas leges colunt Innovare formidant in quibus educati sunt si illae divina quadam fortuna longis temporibus stabilitae fuerint LONDON Printed by Tho. Newcomb for the Author and are to be sold by Abel Roper at the sign of the Sun over against St Dunstans-Church in Fleet-street 1662. THE Contents of the CHAPTERS Chapter 1. THat the Registring or Inrolling of Deeds of Bargain and Sale whereby an Estate of Freehold doth pass is provided for by the Statute of 27 H. 8. cap. 16. wherein it being left to the peoples choyce where to Inroll them they have rather chosen to do it in Chancery and at London then in the several Counties p. 3. Chap. 2. The Inconveniences of an inforced Registry of such Deeds in the proper Counties pag. 8. Chap. 3. The Inconveniencies if all Deeds of Bargain and Sale shall be Enacted to have the force and effect of Fines with Proclamations or of Recoveries and to Bar as they doe pag. 20. Chap. 4. Of the Registring of all mens former Deeds or other Evidences if but for ten or twenty years past under a penalty to be otherwise of no effect or less then they would formerly have been pag. 31 Chap. 5. Of the Registring of all Bonds Bills Leases Releases Feoffments Contracts in writing and all other writings which may incumber reall or personal Estates pag. 49 Chap. 6. Of New Courts or Judicatories to be erected in every County to hear and determine Causes pag. 75 Chap. 7 That it is impossible to provide against all things which may happen to be Incumbrances pag. 87 Chap. 8. That if it could be possible the people will not willingly be at the trouble or charges in all their Contracts to search in so many County Registries to discover Incumbrances pag. 92 CHAP. I. That the Registring or Inrolling of Deeds of Bargain and Sale whereby an Estate of Freehold doth pass is provided for by the Statute of 27 Hen. 8. cap. 16. Wherein it being left to the Peoples choice where to Inrol th●● they have rather chosen to do it in Chancery and at London then in the several Counties THe erecting of Offices for the Registring of Deeds and Conveyances Indented in every County by which any Estate of Freehold or Inheritance is to pass or be conveyed by Bargain and Sale will be needless For that by the Statute of 27 H. 8. c. 16. which is yet in force and unrepealed it is already provided for And being ever since now almost One hundred and fifty years ago left to the Peoples liberty Whether they will Inrol with the Clerk of the Peace in every County or in the Chancery and Courts of Record at Westminster They have so much liked of the better and more proper way of Inrolling in Chancery being the Officina Justiciae of the Nation the Repository of most of the Records of it and into which many of the greatest concernment are by Law and several Acts of Parliament certified and disliked the other as there is not one Deed or Indenture of that nature for every Hundred which are in the Chancery Inrolled in the Courts of Upper Bench Common Pleas and Exchequer by vertue of that Statute And not one almost in a year Inrolled with the Clerk of the Peace of every County where the Lands do lie either because where it was done in the proper County it was by that Statute appointed to be done by the Custos Rotulorum and two Justices of the Peace of the County and the Clerk of the Peace or two of them at the least whereof the Clerk of the Peace to be one who by their distances or remote Habitations were not often or easily to be found or got together or that the people were not so willing to trust their Deeds or Evidences or the Records thereof with the Clerks of the Peace as they are with an Officer of Trust in Chancery which being the Registry of the Supream Authority is a Court always open and kept in a known place of strength and security And was very long before in use and practice amongst them for the more sure keeping and memory of their Deeds and Evidences as Grants and Releases for Lands and the like amongst the Records of their Kings and Supream Magistrates where they thought them safest as may appear by the close Rolls in Chancery ever since the raign of King John and so frequently in the raign of King Henry the Seventh being forty years before the making of the said Statute of 27 H. 8. as there are many Deeds of Bargain and Sale of Lands Releases of Right and Title to Lands Deeds of Gift or Bargains and Sales of Goods and Chattels Bonds for payment of Money Acquittances for Money paid Letters of Attorney and Agreements betwixt private persons to be seen Recorded and Inrolled in the close Rolls of 8 H. 7. with the now usual Form or Memorandums that the Parties acknowledging did come into the Chancery and acknowledge them c. And which was anciently held to be so much assistant and contributing to the welbeing and preservation of Mens Deeds by Inrollments or Records or Exemplifications made thereof as it was in 20 E. 1. adjudged That if a Deed be shewed in Court or be in the custody thereof and the Seal be by mischance broken off the Court shall Inroll the Deed for the avail of the Party Which is not onely an evident Demonstration of the Peoples long approving of the one and disallowing of the other but of the ease and benefit which they have had by Inrolling of their Deeds in Chancery and the Courts at London And therefore every mans private Deeds and Conveyances being to take their Original and Principal force from the Parties consent and contract and the confirmation and power which the Laws of God Nature and Nations and the Common and Statute Laws of this Nation hath allowed them in making them to be of force and valid The Act of Parliament of 27 H. 8. 16. for Inrolling of Deeds as aforesaid being made in the same Parliament when the Statute of 27 Hen. 8. 10. for transferring of Uses into Possession was Enacted did in the supplying of many defects in Deeds of Bargain and Sale of and concerning Freehold and Inheritance and the want of Livery and Seisin and Attornment Not

forbid or take away the use and force of Fines and Recoveries Leases with Releases and Feoffments with Livery and Seisin which in the extent and validity thereof are far better Assurances but onely ordain That all Deeds whereby Estates of Inheritances or Freehold should pass or or be altered or changed from one to another by way of Bargain and Sale should not be good unless they should be Indented and Inrolled as that Act appointed and restraining onely the execution and effect thereof to the Inrolment within the time prefixed did leave the people to Inrol them where it might seem best or their own conveniences perswade them Wherefore an Inforced Registry or Inrolment of all such Deeds in the proper Counties if it should keep within the bounds of that Act and onely injoyn Inrolments of Deeds by Indenture where Estates of Freehold and Inheritance are to pass by way of Bargain and Sale will unavoidably produce many Inconveniences CHAP. II. The inconveniencies of an inforced Registry of such Deeds in the proper Counties THey will be illiterately carelesly and ill-favoredly Registred and kept in the proper Counties if either the pay or number of them shall not come up to the care and time are to be bestowed upon them or receive no other or greater Fees then are allowed by that Statute for Inrollments As it hath demonstrably already hapned in the taking and inrolling of Statutes Merchant by the Majors of the Staple in all Cities Burroughs and good Towns and their Officers thereunto appointed by vertue of the Statutes or Acts of Parliament of Acton Burnel in 11 E. 1. and the Statute de Mercatoribus in 13 E. 1. which have since the erecting of the Statute Office at London by the Statute of 23 H. 8. 6. to attend the Lord Cheif Justices of the Court of Upper Bench or Common Pleas and in their absence the Major of the Staple at Westminster and Recorder of London For acknowledging of Statutes for Debts have been so much disused and the course of Statutes Merchant which are yet in force for Merchandise so neglected as there are above a hundred such Statutes entred to or for every one Statute Merchant And whereas the Clerk of the Statutes who was by that Act of Parliament ordered to reside at London doth fairly and orderly enter and keep his Books and Records and after certain years lodg and lay them up for safety in the Tower of London It will upon search and inquiry appear that notwithstanding every Statute whether for Merchandise or otherwise is to be duly Inrolled by the Clerks or Officers upon pain of forfeiting of Twenty pounds for every Statute not entred or Inrolled there can be found very few of the Rolls or Books of the Statutes Merchant since 23 H. 8. and none at all of those that were taken and Inrolled in Two hundred years before The difference betwixt the now Statute Office which is inperpetual succession to such a capital City and superior Courts as the City of London and the Courts of Upper Bench and Common Pleas and annexed as it were unto them and the Town Clerks or Majors or Constables of the Staple in the other Cities and Corporations which do so often change and are by election as they become little more then as private persons giving us the reason why those Writings or Records in their custody coming afterwards through so many changes to so many several hands as they do can no way as it seems escape imbezelling We may well enough believe that the same fate may attend these Country Registers if they shall not be made to be as a Court of Record and in perpetual Succession and if they shall be made to be as so many Judicatures and Courts of Record will be the cause of more inconveniences to the people then the loss and imbezeling of their Records or Inrollments can come unto The City of London which did use to Inroll such Deeds in the Hustings and divers other Cities Boroughs and Towns Corporate who did use to do the like and had therefore their Rights expresly saved by the Proviso of that Act of Anno 27 Henry the Eight for Inrollments and that it should not extend to any Manors Lands Tenements or Hereditaments within the said Cities Boroughs or Towns Corporate for that they did anciently and before the making of that Act use to Inroll such Deeds will by these new Registries without any forfeiture or cause given to loose them be deprived of those their very ancient Rights and Liberties Such a constrained way of Registring of Deeds of Bargain and Sale which concern onely Estates of Freehold and Inheritance will be very inconvenient to Purchasors who most commonly do reside at or near London or Trade or come thither where the richest and most moneyed men and Purchasors amongst the people are to be found and whose Inhabitants or near dwellers do amount to almost the one half of the Commonwealth and added to such as upon Merchandise or other occasions do come thither and pass to and fro from Ireland Scotland and other Foreign parts will make up in number as many as the whole people of the Nation and be not a little prejudicial to such also as live in the Countreys more remote who for any thing of value do usually either come themselves on purpose to London or employ their Attorneys or Lawyers to procure their Conveyances to be there made where the best of Lawyers and most variety are most easily to be found and advised withal in the Term times to travel or send to those several Counties where the Lands do lie to have their Deeds Inrolled or for such as dwell and purchase in remote Counties either to content themselves at home with such Counsel o● Lawyers which the Country affords and adventure their Estates and Security upon it or go on purpose or send to London to have their Conveyances made and when they are brought home send to the Shire-Town to finde the Register or some before whom to acknowledge the Deed which may happen to be many miles distant from him and for them that buy in London to be at the charge to carry those that do sell and live as far as Yorkshire or other remote places or make their bargain in London for Lands lying in Wales or the West part of England into that Country where the Lands do lie And send or travel to Inroll a Deed for every parcel of Land in its several County the Lands therein sometimes extending into three or four Counties and many times into more then one when as now one uninconvenient charge to Inroll it at London will serve for Lands in all the Counties mentioned in the same Deed. Or upon any Suit or occasion at London or Westminster Hall where all the Suits and Actions of concernment are amongst many other businesses most commonly and commodiously dispatched at one and the same time by the Nobility Gentry Merchants Tradesmen